Data Privacy Compilation PDF

DATA PRIVACY:
OTHER RELATED LAWS

DATA PRIVACY COMPILATION 2
Laws with Provisions Concerning Privacy

RA 9995 Anti-Photo and Video Voyeurism Act of 2009
RA 8505 Rape Victim Assistance and Protection Act of 1998
RA 10844 Department of Information and Communications Technology Act of
2015
RA 8369 Family Courts Act of 1997
RA 7919 The Alien Social Integration Act of 1995
RA 10366 Authorizing COMELEC to Establish Precincts Assigned to Accessi-
ble Polling Places Exclusively for PWDs and Senior Citizens
RA 10361 Domestic Workers Act or Batas Kasambahay
RA 9904 Magna Carta for Homeowners and Homeowner’s Associations
RA 10821 Children’s Emergency Relief and Protection Act
RA 10693 Microfinance NGOs Act
RA 10747 Rare Diseases Act of the Philippines
RA 7354 Postal Service Act of 1992
RA 10364 Expanded Anti-Trafficking in Persons Act of 2012
RA 9775 An Act Defining and Penalizing the Crime of Child Pornography,
Prescribing Penalties Therefor and for Other Purposes
RA 9208 Anti-Trafficking in Persons Act of 2003
RA 8504 Philippine AIDS Prevention and Control Act of 1998
RA 9851 Philippine Act on Crimes Against International Humanitarian Law,
Genocide, and Other Crimes Against Humanity
RA 9262 Anti-Violence Against Women and their Children Act of 2004
RA 9344 Juvenile Justice and Welfare Act of 2006
RA 9292 Electronics Engineering Law of 2004
RA 10651 General Appropriations Act of 2015
RA 10717 General Appropriations Act of 2016
RA 7160 Local Government Code of 1991
RA 9510 Credit Information System Act
RA 1405 Secrecy of Bank Deposits Act
February 15, 2010
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».
SaCDTA
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, pubic area,
buttocks or female breast of an individual.
(f) “Under circumstances in which a person has a reasonable expectation of privacy” means

circumstances in which a reasonable person would 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. ATaDHC
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, pubic 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. DSETcC
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 than 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 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 also be

administratively liable.
ScTCIE
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.
SECTION 8. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remaining provisions not affected thereby shall remain valid and subsisting.
SECTION 9. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.
SECTION 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved: February 15, 2010

||| (Anti-Photo and Video Voyeurism Act of 2009, Republic Act No. 9995, [February 15, 2010])
February 13, 1998
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE
PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION
OF FUNDS THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the “Rape Victim Assistance and Protection
Act of 1998.”
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to provide
necessary assistance and protection for rape victims. Towards this end, the government shall
coordinate its various agencies and non-government organizations to work hand in hand for the
establishment and operation of a rape crisis center in every province and city that shall assist and
protect rape victims in the litigation of their cases and their recovery.
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SECTION 3. Rape Crisis Center. — The Department of Social Welfare and Development
(DSWD), the Department of Health (DOH), the Department of the Interior and Local Government
(DILG), the Department of Justice (DOJ), and a lead non-government organization (NGO) with
proven track record or experience in handling sexual abuse cases, shall establish in every province
and city a rape crisis center located in a government hospital or health clinic or in any other
suitable place for the purpose of:
(a) Providing rape victims with psychological counselling, medical and health services,
including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the
filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for
the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers, and barangay
officials on human rights and responsibilities; gender sensitivity and legal
management of rape cases; and
(g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis
Center.
SECTION 4. Duty of the Police Officer. — Upon receipt by the police of the complaint for rape,
it shall be the duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the
accused is detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician, who must be of the same
gender as the offended party, to ensure that only persons expressly authorized by the offended
party shall be allowed inside the room where the investigation or medical or physical examination
is being conducted.
For this purpose, a women’s desk must be established in every police precinct throughout
the country to provide a police woman to conduct investigation of complaints of women rape
victims. In the same manner, the preliminary investigation proper or inquest of women rape
victims must be assigned to female prosecutor or prosecutors after the police shall have endorsed
all the pertinent papers thereof to the same office.
SECTION 5. Protective Measures. — At any stage of the investigation, prosecution and trial
of a complaint for rape, the police officer, the prosecutor, the court and its officers, as well as
the parties to the complaint shall recognize the right to privacy of the offended party and the
accused. Towards this end, the police officer, prosecutor, or the court to whom the complaint
has been referred may, whenever necessary to ensure fair and impartial proceedings, and after
considering all circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial and that the name and personal circumstances of the offended party and/or
the accused, or any other information tending to establish their identities, and such circumstances
or information on the complaint shall not be disclosed to the public. cdasia
The investigating officer or prosecutor shall inform the parties that the proceedings can be
conducted in a language or dialect known or familiar to them.
SECTION 6. Rape Shield. — In prosecutions for rape, evidence of complainant’s past sexual
conduct, opinion thereof or of his/her reputation shall not be admitted unless, and only to the
extent that the court finds, that such evidence is material and relevant to the case.
SECTION 7. Appropriations. — For the establishment and operation of the rape crisis centers
during the first year of implementation of this Act, the amount of One hundred twenty million
pesos (P120,000,000.00) shall be charged against the Organizational Adjustment Fund, as follows:
Sixty million pesos (P60,000,000.00) for the DSWD; and Twenty million pesos (P20,000,000.00)
each for the DOH, DILG, and DOJ, respectively. Thereafter, the necessary amount for the rape crisis
centers shall be included in the budgetary allocations for the agencies concerned in the annual
General Appropriations Act.
SECTION 8. Implementing Rules and Regulations. — Within ninety (90) days upon the
approval of this Act, all concerned agencies shall formulate rules and regulations as may be
necessary for the proper implementation thereof.
SECTION 9. Separability Clause. — If any part, section or provision of this Act is declared
invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.
SECTION 10. Repealing Clause. — All laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of this
Act are deemed amended, modified or repealed accordingly.
SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days after completion of its
publication in at least two (2) newspapers of general circulation.
Published in Malaya and Manila Times on February 21, 1998.

||| (Rape Victim Assistance and Protection Act of 1998, Republic Act No. 8505, [February 13, 1998])
May 23, 2016
AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY,

DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
SECTION 1. Short Title. — This Act shall be known as the «Department of Information and
Communications Technology Act of 2015».
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State:
(a) To recognize the vital role of information and communication in nation-building;
(b) To ensure the provision of a strategic, reliable, cost-efficient and citizen-centric

information and communications technology (ICT) infrastructure, systems and
resources as instruments of good governance and global competitiveness;
(c) To ensure universal access to quality, affordable, reliable and secure ICT services;
(d) To promote the development and widespread use of emerging ICT and foster and
accelerate the convergence of ICT and ICT-enabled facilities;
(e) To ensure the availability and accessibility of ICT services in areas not adequately served
by the private sector;
(f) To foster an ICT sector policy environment that will promote a broad market-led
development of the ICT and ICT-enabled services (ICT-ES) sectors, a level playing
field, partnership between the public and private sectors, strategic alliance with
foreign investors and balanced investments between high-growth and economically-
depressed areas; DETACa
(g) To promote and assist the development of local ICT content, applications and services
which may include support for ICT-based start-up enterprises through strategic
partnerships;
(h) To promote the use of ICT for the enhancement of key public services, such as education,
public health and safety, revenue generation, and socio-civic purposes;
(i) To encourage the use of ICT for the development and promotion of the country’s arts and
culture, tourism and national identity;
(j) To promote digital literacy, ICT expertise, and knowledge-building among citizens to
enable them to participate and compete in an evolving ICT age;
(k) To empower, through the use of ICT, the disadvantaged segments of the population,
including the elderly, persons with disabilities and indigenous and minority groups;
(l) To ensure the rights of individuals to privacy and confidentiality of their personal
information;
(m) To ensure the security of critical ICT infrastructures including information assets of the
government, individuals and businesses; and
(n) To provide oversight over agencies governing and regulating the ICT sector and ensure
consumer protection and welfare, data privacy and security, foster competition and
the growth of the ICT sector.
SECTION 3. Definition of Terms. — As used in this Act, the following terms are defined as
follows:
(a) Information and Communications Technology or ICT shall mean the totality of electronic

means to access, create, collect, store, process, receive, transmit, present and
disseminate information;
(b) Convergence shall mean the interface between and among various telephony, radio,
video, broadcasting and multimedia infrastructure, devices and services, enabling
users or subscribers thereof to communicate with one another;
(c) Electronic Government or E-Government shall mean the use of ICT by the government

and the public to enhance the access to and delivery of government services to
bring about efficient, responsive, ethical, accountable and transparent government
service;
(d) ICT Sector shall mean those engaged in providing goods and services primarily intended
to fulfill or enable the function of information processing and communication by
electronic means. The ICT sector includes telecommunications and broadcast
information operators, ICT equipment manufacturers, multimedia content
developers and providers, ICT solution providers, internet service providers, ICT
training institutions, software developers and ICT-ES providers; aDSIHc
(e) ICT-Enabled Services or ICT-ES Sector shall mean those engaged in providing services
that require the intrinsic use of ICTs including engineering or architectural design,
informatics service providers, offshoring and outsourcing service providers such
as call centers, back office processing, software development, medical or legal
transcription, animation, game development, and other services that require the
intrinsic use of a networked information infrastructure; and
(f) Chief Information Officer or CIO shall mean a senior officer in all national government

agencies (NGAs), including constitutional offices, state universities and colleges
(SUCs), government-owned and -controlled corporations (GOCCs), and government
financial institutions (GFIs) responsible for the development and management of
the agency›s ICT systems and applications.
SECTION 4. Creation of the Department of Information and Communications Technology

(DICT). — There is hereby created the Department of Information and Communications Technology,
hereinafter referred to as the Department.
SECTION 5. Mandate. — The Department shall be the primary policy, planning, coordinating,
implementing, and administrative entity of the Executive Branch of the government that will plan,
develop, and promote the national ICT development agenda.
SECTION 6. Powers and Functions. — The Department shall exercise the following powers
and functions:
I. Policy and Planning
(a) Formulate, recommend and implement national policies, plans, programs

and guidelines that will promote the development and use of ICT with due
consideration to the advantages of convergence and emerging technologies;
(b) Formulate policies and initiatives, in coordination with the Department of

Education (DepED), the Commission on Higher Education (CHED), and the
Technical Education and Skills Development Authority (TESDA), to develop
and promote ICT in education consistent with the national goals and
objectives, and responsive to the human resource needs of the ICT and ICT-ES
sectors; ETHIDa
(c) Provide an integrated framework in order to optimize all government ICT resources

and networks for the identification and prioritization of all E-Government
systems and applications as provided for in the E-Government Masterplan
and the Philippine Development Plan (PDP);
II. Improved Public Access
(d) Prescribe rules and regulations for the establishment, operation and maintenance
of ICT infrastructures in unserved and undeserved areas, in consultation with
the local government units (LGUs), civil society organizations (CSOs), private
sector, and the academe;
(e) Establish a free internet service that can be accessed in government offices and
public areas using the most cost-effective telecommunications technology,
through partnership with private service providers as may be necessary;
III. Resource-Sharing and Capacity-Building
(f) Harmonize and coordinate all national ICT plans and initiatives to ensure
knowledge, information and resource-sharing, database-building and
agency networking linkages among government agencies, consistent with
E-Government objectives in particular, and national objectives in general;
(g) Ensure the development and protection of integrated government ICT

infrastructures and designs, taking into consideration the inventory of existing
manpower, plans, programs, software, hardware, and installed systems;
(h) Assist and provide technical expertise to government agencies in the development

of guidelines in the enforcement and administration of laws, standards, rules,
and regulations governing ICT;
(i) Assess, review and support ICT research and development programs of the
government in coordination with the Department of Science and Technology
(DOST) and other institutions concerned;
(j) Prescribe the personnel qualifications and other qualification standards essential

to the effective development and operation of government ICT infrastructures
and systems;
(k) Develop programs that would enhance the career advancement opportunities of

ICT workers in government;
(l) Assist in the dissemination of vital information essential to disaster risk reduction

through the use of ICT;
(m) Represent and negotiate for Philippine interest on matters pertaining to ICT in

international bodies, in coordination with the Department of Foreign Affairs
(DFA) and other institutions concerned;
IV. Consumer Protection and Industry Development
(n) Ensure and protect the rights and welfare of consumers and business users
to privacy, security and confidentiality in matters relating to ICT, in
coordination with agencies concerned, the private sector and relevant
international bodies; cSEDTC
(o) Support the promotion of trade and investment opportunities in the ICT and ICT-
ES sectors, in coordination with the Department of Trade and Industry (DTI)
and other relevant government agencies and the private sector;
(p) Establish guidelines for public-private partnerships in the implementation of ICT

projects for government agencies; and
(q) Promote strategic partnerships and alliances between and among local and
international ICT, research and development, educational and training
institutions, to speed up industry growth and enhance competitiveness of
Philippine workers, firms, and small and medium enterprises in the global
markets for ICT and ICT-ES.
SECTION 7. Composition. — The Department shall be headed by a Secretary. The Department

proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and
the assistant secretaries.
SECTION 8. Secretary of Information and Communications Technology. — The Secretary shall

be appointed by the President, subject to confirmation by the Commission on Appointments. The
Secretary shall have the following functions:
(a) Provide executive direction and supervision over the entire operations of the Department
and its attached agencies;
(b) Establish policies and standards for the effective, efficient and economical operation of
the Department, in accordance with the programs of government;
(c) Review and approve requests for financial and manpower resources of all operating
offices of the Department;
(d) Designate and appoint officers and employees of the Department, excluding the
undersecretaries, assistant secretaries, and regional and assistant regional directors,
in accordance with the civil service laws, rules and regulations;
(e) Exercise disciplinary powers over officers and employees of the Department in accordance
with law, including their investigation and the designation of a committee or officer
to conduct such investigation;
(f) Coordinate with LGUs, other agencies and public and private interest groups, including
nongovernment organizations (NGOs) and people’s organizations (POs) on
Department policies and initiatives;
(g) Prepare and submit to the President through the Department of Budget and Management
(DBM) an estimate of the necessary expenditures of the Department during the next
fiscal year, on the basis of the reports and estimates submitted by bureaus and
offices under him/her;
(h) Serve as a member of the Government Procurement Policy Board (GPPB) as established

by Republic Act No. 9184; SDAaTC
(i) Advise the President on the promulgation of executive and administrative orders and
formulation of regulatory and legislative proposals on matters pertaining to ICT
development;
(j) Formulate such rules and regulations and exercise such other powers as may be required
to implement the objectives of this Act; and
(k) Perform such other tasks as may be provided by law or assigned by the President.
SECTION 9. Undersecretaries. — The Secretary shall be assisted by three (3) undersecretaries,

who shall be appointed by the President upon the recommendation of the Secretary: Provided,
That two (2) of the undersecretaries shall be career officers.
SECTION 10. Assistant Secretaries. — The Secretary shall be assisted by four (4) assistant
secretaries who shall be appointed by the President upon the recommendation of the
Secretary: Provided, That two (2) of the assistant secretaries shall be career officers: Provided,
further, That at least one (1) of the assistant secretaries shall be a licensed Professional Electronics
Engineer (PECE), or any suitably qualified person in accordance with Civil Service Commission
(CSC) rules and regulations.
SECTION 11. Qualifications. — No person shall be appointed Secretary, Undersecretary, or

Assistant Secretary of the Department unless he or she is a citizen and resident of the Philippines,
of good moral character, of proven integrity and with at least seven (7) years of competence and
expertise in any of the following: information and communications technology, information
technology service management, information security management, cybersecurity, data privacy,
e-Commerce, or human capital development in the ICT sector.
SECTION 12. Regional Offices. — The Department may establish, operate, and maintain
a regional office in the different administrative regions of the country as the need arises. Each
regional office shall be headed by a Regional Director, who may be assisted by one (1) Assistant
Regional Director. The Regional Director and Assistant Regional Director shall be appointed by
the President. The regional offices shall have, within their respective administrative regions, the
following functions:
(a) Implement laws, policies, plans, programs, projects, rules and regulations of the
Department;
(b) Provide efficient and effective service to the people;
(c) Coordinate with regional offices of other departments, offices, and agencies;
(d) Coordinate with the LGUs; and
(e) Perform such other functions as may be provided by law or assigned by the Secretary.
SECTION 13. Chief Information Officer (CIO) Council. — The Department shall facilitate the
creation of the CIO Council, which shall consist of CIOs, with the Secretary serving as the Chairman,
to assist the Department in the implementation of government ICT initiatives. acEHCD
SECTION 14. Sectoral and Industry Task Forces. — The Department may create sectoral and
industry task forces, technical working groups, advisory bodies or committees for the furtherance
of its objectives. Additional private sector representatives, such as from the academe, CSOs, and
federation of private industries directly involved in ICT, as well as representatives of other NGAs,
LGUs and GOCCs, may be appointed to these working groups. Government IT professionals may
also be tapped to partake in the work of the Department through these working groups.
SECTION 15. Transfer of Agencies and Personnel. —
(a) The following agencies are hereby abolished, and their powers and functions, applicable
funds and appropriations, records, equipment, property, and personnel transferred to the
Department:
(1) Information and Communications Technology Office (ICTO);
(2) National Computer Center (NCC);
(3) National Computer Institute (NCI);
(4) Telecommunications Office (TELOF);
(5) National Telecommunications Training Institute (NITI); and
(6) All operating units of the Department of Transportation and Communications (DOTC)

with functions and responsibilities dealing with communications.
All offices, services, divisions, units and personnel not otherwise covered by this Act for
transfer to the Department shall be retained under the DOTC, which is hereby renamed the
Department of Transportation.
(b) The following agencies are hereby attached to the Department for policy and program
coordination, and shall continue to operate and function in accordance with the charters, laws or
orders creating them, insofar as they are not inconsistent with this Act:
(1) National Telecommunications Commission;
(2) National Privacy Commission; and
(3) Cybercrime Investigation and Coordination Center (CICC).
(i) All powers and functions related to cybersecurity including, but not limited to,
the formulation of the National Cybersecurity Plan, establishment of the
National Computer Emergency Response Team (CERT), and the facilitation of

international cooperation on intelligence regarding cybersecurity matters are
transferred to the Department; and SDHTEC
(ii) The CICC shall be chaired by the DICT Secretary.
(c) The laws and rules on government reorganization as provided for in Republic Act No.
6656, otherwise known as the Reorganization Law, shall govern the reorganization process of the
Department.
SECTION 16. Separation and Retirement from Service. — Employees who are separated from
service within six (6) months from the effectivity of this Act as a result of the consolidation and/or
reorganization under the provisions of this Act shall receive separation benefits to which they may
be entitled under Executive Order No. 366, s. 2004: Provided, That those who are qualified to retire
under existing retirement laws shall be allowed to retire and receive retirement benefits to which
they may be entitled under applicable laws and issuances.
SECTION 17. Structure and Staffing Pattern. — Subject to the approval of the DBM, the
Department shall determine its organizational structure and create new divisions or units as it
may deem necessary, and shall appoint officers and employees of the Department in accordance
with the civil service law, rules, and regulations.
SECTION 18. Magna Carta. — Qualified employees of the Department and its attached
agencies shall be covered by Republic Act No. 8439, which provides a magna carta for scientists,
engineers, researchers and other science and technology personnel in the government.
SECTION 19. Transition Period. — The transfer of functions, assets, funds, equipment,
properties, transactions, and personnel of the affected agencies, and the formulation of the internal
organic structure, staffing pattern, operating system, and revised budget of the Department, shall
be completed within six (6) months from the effectivity of this Act, during which time, the existing
personnel shall continue to assume their posts in holdover capacities until new appointments
are issued: Provided, That after the abolition of the agencies as specified in Section 15 (a) of this
Act, the Department, in coordination with the DBM, shall determine and create new positions, the
funding requirements of which shall not exceed the equivalent cost of positions abolished.
SECTION 20. Appropriation. — The amount needed for the initial implementation of this
Act shall be taken from the current fiscal year›s appropriation of the ICTO and all agencies herein
absorbed by or attached to the Department. Thereafter, the amount needed for the operation and
maintenance of the Department shall be included in the General Appropriations Act.
SECTION 21. Implementing Rules and Regulations. — The ICTO, the DBM, the CSC, and other
government agencies concerned shall issue within sixty (60) days from the effectivity of this Act,
the necessary rules and regulations for the effective implementation of this Act.
SECTION 22. Separability Clause. — If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force
and effect.
SECTION 23. Repealing Clause. — All laws, decrees, executive orders, rules and regulations
and other issuances or parts thereof which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.
SECTION 24. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation. AScHCD
Approved: May 23, 2016.
Published in The Philippine Star on May 25, 2016.

(Department of Information and Communications Technology Act of 2015, Republic Act No. 10844,
|||
[May 23, 2016])

October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129, AS AMENDED, OTHERWISE
KNOWN AS THE JUDICIARY REORGANIZATION ACT OF 1980, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the “Family Courts Act of 1997.”
SECTION 2. State and National Policies. — The State shall protect the rights and promote the
welfare of children in keeping with the mandate of the Constitution and the precepts of the United
Nations Convention on the Rights of the Child. The State shall provide a system of adjudication for
youthful offenders which takes into account their peculiar circumstances. cdtai
The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. The courts shall preserve the solidarity of the family,
provide procedures for the reconciliation of spouses and the amicable settlement of family
controversy.
SECTION 3. Establishment of Family Courts. — There shall be established a Family Court in

every province and city in the country. In case where the city is the capital of the province, the
Family Court shall be established in the municipality which has the highest population.
SECTION 4. Qualification and Training of Family Court Judges. — Section 15 of Batas
Pambansa Blg. 129, as amended, is hereby further amended to read as follows:
“SEC. 15. (a) Qualification. — No person shall be appointed Regional Trial Judge or Presiding
Judge of the Family Court unless he is a natural-born citizen of the Philippines, at least
thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in the practice
of law in the Philippines or has held a public office in the Philippines requiring admission to
the practice of law as an indispensable requisite.
“(b) Training of Family Court Judges. — The Presiding Judge, as well as the court
personnel of the Family Courts, shall undergo training and must have the experience and
demonstrated ability in dealing with child and family cases.
“The Supreme Court shall provide a continuing education program on child and family laws,
procedure and other related disciplines to judges and personnel of such courts.”
SECTION 5. Jurisdiction of Family Courts. — The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age
but not less than nine (9) years of age, or where one or more of the victims is a
minor at the time of the commission of the offense: Provided, That if the minor
is found guilty, the court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred. The sentence, however, shall
be suspended without need of application pursuant to Presidential Decree No.
603, otherwise known as the “Child and Youth Welfare Code”;
b) Petitions for guardianship, custody of children, habeas corpus in relation to the
latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and
those relating to marital status and property relations of husband and wife or
those living together under different status and agreements, and petitions for
dissolution of conjugal partnership of gains; cda
e) Petitions for support and/or acknowledgment;

f) Summary judicial proceedings brought under the provisions of Executive Order No.
209, otherwise known as the “Family Code of the Philippines”;
g) Petitions for declaration of status of children as abandoned, dependent or neglected
children, petitions for voluntary or involuntary commitment of children; the
suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series
of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the “Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act,” as amended
by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women — which are acts of gender based violence that results, or are likely to
result in physical, sexual or psychological harm or suffering to women;
and other forms of physical abuse such as battering or threats and
coercion which violate a woman›s personhood, integrity and freedom of
movement; and
2) Children — which include the commission of all forms of abuse, neglect,
cruelty, exploitation, violence, and discrimination and all other
conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
SECTION 6. Use of Income. — All Family Courts shall be allowed the use of ten percent (10%)
of their income derived from filing and other court fees under Rule 141 of the Rules of Court for
research and other operating expenses including capital outlay: Provided, That this benefit shall
likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the
provisions of this section.
SECTION 7. Special Provisional Remedies. — In cases of violence among immediate family

members living in the same domicile or household, the Family Court may issue a restraining order
against the accused or defendant upon a verified application by the complainant or the victim for
relief from abuse.
The court may order the temporary custody of children in all civil actions for their custody.
The court may also order support pendente lite, including deduction from the salary and use of
conjugal home and other properties in all civil actions for support.
cdta
SECTION 8. Supervision of Youth Detention Homes. — The judge of the Family Court shall
have direct control and supervision of the youth detention home which the local government
unit shall establish to separate the youth offenders from the adult criminals: Provided, however,
That alternatives to detention and institutional care shall be made available to the accused
including counseling, recognizance, bail, community continuum, or diversions from the justice
system: Provided, further, That the human rights of the accused are fully respected in a manner
appropriate to their well-being.
SECTION 9. Social Services and Counseling Division. — Under the guidance of the Department
of Social Welfare and Development (DSWD), a Social Services and Counseling Division (SSCD)
shall be established in each judicial region as the Supreme Court shall deem necessary based on
the number of juvenile and family cases existing in such jurisdiction. It shall provide appropriate
social services to all juvenile and family cases filed with the court and recommend the proper
social action. It shall also develop programs, formulate uniform policies and procedures, and
provide technical supervision and monitoring of all SSCD in coordination with the judge.
SECTION 10. Social Services and Counseling Division Staff . — The SSCD shall have a
staff composed of qualified social workers and other personnel with academic preparation in
behavioral sciences to carry out the duties of conducting intake assessment, social case studies,
casework and counseling, and other social services that may be needed in connection with cases
filed with the court: Provided, however, That in adoption cases and in petitions for declaration of
abandonment, the case studies may be prepared by social workers of duly licensed child caring
or child placement agencies, or the DSWD. When warranted, the division shall recommend that
the court avail itself of consultative services of psychiatrists, psychologists, and other qualified
specialists presently employed in other departments of the government in connection with its
cases.
The position of Social Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD of the Regional Trial Court.
SECTION 11. Alternative Social Services. — In accordance with Section 17 of this Act, in areas
where no Family Court has been established or no Regional Trial Court was designated by the
Supreme Court due to the limited number of cases, the DSWD shall designate and assign qualified,
trained, and DSWD accredited social workers of the local government units to handle juvenile and
family cases filed in the designated Regional Trial Court of the place.
SECTION 12. Privacy and Confidentiality of Proceedings. — All hearings and conciliation of

the child and family cases shall be treated in a manner consistent with the promotion of the child’s
and family’s dignity and worth, and shall respect their privacy at all stages of the proceedings.
Records of the cases shall be dealt with utmost confidentiality and the identity of parties shall not
be divulged unless necessary and with authority of the judge.
SECTION 13. Special Rules of Procedure. — The Supreme Court shall promulgate special
rules of procedure for the transfer of cases to the new courts during the transition period and for
the disposition of family cases with the best interests of the child and the protection of the family
as primary consideration taking into account the United Nations Convention on the Rights of the
Child.
SECTION 14. Appeals. — Decisions and orders of the court shall be appealed in the same
manner and subject to the same conditions as appeals from the ordinary Regional Trial Courts.
SECTION 15. Appropriations. — The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment into law
and thereafter.
SECTION 16. Implementing Rules and Regulations. — The Supreme Court, in coordination

with the DSWD, shall formulate the necessary rules and regulations for the effective implementation
of the social aspects of this Act.
SECTION 17. Transitory Provisions. — Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches of the Regional Trial Court at least one
Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig, Mandaluyong,
Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles,
Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban,
Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro, Davao, General Santos, Oroquieta,
Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in such other places as the Supreme Court
may deem necessary.
Additional cases other than those provided in Section 5 may be assigned to the Family
Courts when their dockets permit: Provided, That such additional cases shall not be heard on the
same day family cases are heard. cda
In areas where there are no Family Courts, the cases referred to in Section 5 of this Act shall
be adjudicated by the Regional Trial Court.
SECTION 18. Separability Clause. — In case any provision of this Act is declared
unconstitutional, the other provisions shall remain in effect.
SECTION 19. Repealing Clause. — All other laws, decrees, executive orders, rules or
regulations inconsistent herewith are hereby repealed, amended, or modified accordingly.
at least two (2) national newspapers of general circulation.
Approved: October 28, 1997
Published in Malaya and Manila Chronicle on November 7, 1997. Published in the Official
Gazette, Vol. 94 No. 10 page 1753 on March 9, 1998.

||| (Family Courts Act of 1997, Republic Act No. 8369, [October 28, 1997])
February 24, 1995
AN ACT GRANTING LEGAL RESIDENCE STATUS TO CERTAIN ALIENS THROUGH A SOCIAL INTEGRATION
PROGRAM IN THE PHILIPPINES UNDER CERTAIN CONDITIONS
SECTION 1. Title. — This Act shall be known as “The Alien Social Integration Act of 1995.”
SECTION 2. Declaration of Policy. — The State shall control and regulate the admission and integration
of aliens into its territory and body politic. Towards this end, aliens with unlawful residence status
shall be integrated into the mainstream of Philippine society subject to national security and interest,
and in deference to internationally recognized human rights.
SECTION 3. Coverage. — Upon effectivity of this Act, all aliens whose stay in the Philippines is otherwise
illegal under existing laws, and who have entered the country prior to June 30, 1992, including those
who availed in good faith of the benefits of Executive Order No. 324 whose applications have been
approved before or after November 21, 1988, are hereby granted legal residence status upon compliance
with the provisions of this Act, and shall not be prosecuted for crimes defined under Commonwealth
Act No. 613, otherwise known as the Immigration Act of 1940, which are inherent to illegal residence
such as the absence of valid travel documents or visa: Provided, That in no case shall alien refugees in
the Philippines be qualified to apply under this Act. acd
The bar to prosecution shall apply only to such crimes or felonies committed due to acts necessary or
essential to maintain a false or fraudulent or illegal residence, such as falsification of marriage, birth
or baptismal certificates or travel documents, visas or alien certificates of registration.
SECTION 4. Integration Requirements and Fees. — The social integration of aliens established under
Section 3 shall be effective and its benefits enjoyed by illegal residents upon completion of all the
following acts:
4.1. Filing of registration forms with the following agencies: (1) the civil register of
his place of residence; (2) the Bureau of Internal Revenue (BIR); (3) the Bureau
of Immigration; (4) the National Bureau of Investigation (NBI); and (5) the
commercial or universal bank to which the alien pays the integration fee as
hereafter provided.
In lieu thereof, the filing of registration forms may be done in five (5) sets with
a commercial or universal bank certified by the BIR as authorized collectors for
income tax.
4.2 The registration forms shall contain the applicant’s full name and one alias by which
he may be known; proof of his identity, good moral character and financial
capacity through affidavits from two (2) Filipino citizens of good reputation in
his/her place of residence; history of stay in the Philippines; residential address

for the immediate past five (5) years; four (4) passport size pictures and a
complete fingerprint card for each of the agencies mentioned in 4.1, including
his/her most recent dental records which shall be submitted to the NBI.
4.3. Payment of the integration fees to any duly licensed commercial or universal
bank accredited by the BIR as authorized to receive income tax payments in
the following amounts:
4.3.1. One hundred thousand pesos (P100,000) upon filing of the registration
forms with the bank plus Fifty thousand pesos (P50,000) per year over
a three-year period from the payment of the first installment. The
subsequent three (3) installment payments should be paid within
twelve (12) months from the date of the first payment without any
extensions: Provided, That the payments made by those who availed
of the benefits of Executive Order No. 324 whose applications were
approved before or after November 20, 1988 shall be credited to their
favor. cd
In lieu of the above installment payments, the applicant may immediately

pay Two hundred thousand pesos (P200,000).
4.3.2. A single payment of Fifty thousand pesos (P50,000) for the spouse and
Twenty-five thousand pesos (P25,000) for each legitimate child below
eighteen (18) years of age.
4.3.3 Children born after June 30, 1992 of parents who received the benefits of
this Act shall, upon proper registration with the Bureau of Immigration,
become legal residents.
4.3.4. The integration fees paid by an alien shall be in lieu of all immigration fees
and fines said alien may have incurred during his unlawful residence in
the country.
4.4. Submission of a medical certificate stating that the applicant is not a user of
prohibited drugs or otherwise a drug addict and that he is not afflicted with
Acquired Immune Deficiency Syndrome (AIDS).
SECTION 5. Official Receipt. — The commercial or universal bank shall issue an official receipt
acknowledging receipt of the integration fee, upon payment by the applicant of a processing fee of
One thousand pesos (P1,000). In the event registration was effected under paragraph 2 of subsection
4.1, the bank shall furnish copies of the registration documents to the following agencies: (1) the civil
register of the applicant’s place of residence; (2) the BIR; and (3) the NBI. Thereafter, the bank shall
issue a certification to this effect in favor of the applicant.
cdtai
SECTION 6. Duties of the Bureau of Immigration. — Upon presentation by the applicant of the official
receipt from the bank, together with a certification from the bank or the agency concerned, as the
case may be that the civil registrar, BIR and NBI received copies of the registration forms, and the
submission to the Bureau of Immigration of the registration forms defined in Section 4.2 hereof,
the Bureau of Immigration shall immediately issue an alien certificate of registration (ACR) to the
applicant. The legal residence granted under this Act shall commence from the date the Bureau of
Immigration issues the ACR.
The Bureau of Immigration shall publish, at the applicant’s cost, the names, ages, addresses, and a
photograph of each of the applicants in a national newspaper of general circulation at the end of each
calendar month during the effectivity of the application period, as hereinafter provided in Section 8.
The banks authorized under this Act to collect the fees herein required shall collect a publication fee
of Five thousand pesos (P5,000) from the applicant.
SECTION 7. Ministerial Duty of the Civil Registrar, the BIR and the NBI. — The civil registrar, the BIR and
the NBI shall have the ministerial duty to accept the registration forms required under Section 4. Each
of these agencies may charge no more than One hundred pesos (P100) for the filing of the registration
forms. Upon payment of the filing fee, the agency concerned shall issue a certification that the alien
has filed with said office by himself/herself or through the bank, all the forms required under Section
4.
SECTION 8. Application Period. — The benefits extended by Section 3 can be availed of from June 1,
1995 to December 31, 1996.
SECTION 9. Administrative Confirmation. — The procedure herein provided may be availed of by any
alien who may want a confirmation or affirmation of his stay in the Philippines.
SECTION 10. Eligibility for Citizenship. — Aliens granted legal residence under this Act shall be eligible
to apply for naturalization after five (5) years from the approval of his/her application. cd
SECTION 11. Compliance Report and Oversight Functions. — The Bureau of Immigration shall submit
to the chair of the committees on justice of each chamber of Congress, copy furnished the Senate
President and the Speaker of the House of Representatives, a written report on the developments in
the implementation of this Act on November 30, 1995, May 31, 1996, November 30, 1996, and May 31,
1997 for purposes of oversight functions.
SECTION 12. Perjury. — The registration forms, together with the proof required therein, shall be
supported by affidavits of two (2) Filipino citizens of good reputation in the applicant’s place of
residence.
All applications shall be under oath or affirmation, which oath or affirmation shall be required for
their registration. Applicants who violate their oath or affirmation by knowingly making untruthful
statements on any material matter in their applications shall be liable for perjury under the Revised
Penal Code.
In addition to the penalty imposed on perjury, the subsequent convictions of the applicant shall revoke
the legal residence granted him/her and shall subject the applicant to deportation proceedings.
SECTION 13. Appropriation. — There is hereby appropriated, out of the payments received under
Section 4 hereof, an amount of Five million pesos (P5,000,000) to cover administrative and other
expenses to be incurred in the implementation of this Act.
SECTION 14. Privacy Clause. — Information submitted by an alien applicant pursuant to this Act, shall
be used only for the purpose of determining the veracity of the factual statements by the applicant or
for enforcing the penalties prescribed by this Act.
SECTION 15. Rule-making Powers. — The provisions of this Act are self-executory and shall not be
dependent on the issuance of any rules or regulations. The Secretary of Justice is hereby authorized,
however, to promulgate only such rules and regulations as may be needed to efficiently and
administratively implement the provisions of this Act.
SECTION 16. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional,
the provisions not affected thereby shall continue to be in full force and effect. cda
SECTION 17. Repealing Clause. — All laws, decrees or rules inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SECTION 18. Effectivity Clause. — This Act shall take effect fifteen (15) days after the completion of its
publication in at least two (2) national newspapers of general circulation.
Published in the Manila Bulletin on March 13, 1995. Published in the Official Gazette, Vol. 91 No. 23 page
3593 on June 5, 1995.

||| (The Alien Social Integration Act of 1995, Republic Act No. 7919, [February 24, 1995])
February 15, 2013
AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO

ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS
SECTION 1. Declaration of Policy. — The State shall ensure that persons with
disabilities and senior citizens are able to exercise their right to political participation
without discrimination or restrictions. Towards this end, the State shall design systems and
procedures that will enable persons with disabilities and senior citizens to register and vote by
themselves. DHacTC
SECTION 2. Definition of Terms. — As used in this Act, the term:

(a) Commission refers to the Commission on Elections.
(b) Persons with Disabilities refer to qualified voters who have long-term physical,
mental, intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in the electoral
processes on an equal basis with others.
(c) Senior Citizens refer to qualified voters who are sixty (60) years or older.
(d) Electoral Processes refer to election-related activities and proceedings including
registration, candidacy, campaign, voter education and casting of vote.
(e) Assistance refers to any support or aid that may be extended to persons with
disabilities and senior citizens for them to meaningfully and effectively
participate in the electoral processes.
(f) Discrimination on the basis of disability means any distinction, exclusion or
restriction on the basis of disability which has the effect of impairing or
nullifying the recognition, enjoyment, or exercise, on an equal basis with others,
of all human rights and fundamental freedoms, including denial of reasonable
accommodation.
(g) Universal design means the design of products, environments, programs and
services, to be usable by all people, to the greatest extent possible, without the
need for adaptation or specialized design but shall not exclude assistive devices
for particular groups of persons with disabilities where there is needed. SDHTEC
(h) Satellite registration refers to registration conducted by an Election Officer in

established satellite offices located in a public place within his or her area of
jurisdiction. It accepts application for registration, transfer or transfer with
reactivation, reactivation of registration records, change or correction of entries
and validation of registration from all registrants or voters residing within the
Election Officer›s territorial jurisdiction.
(i) Special registration refers to registration conducted in established satellite offices
by a special registration team designated by the Commission. It exclusively
caters to first time person with disability and senior citizen registrants residing
outside the area of jurisdiction of the regular Election Officer conducting the
satellite registration.
(j) Accessible polling place refers to the venue where the Board of Election Inspectors
(BEIs) conducts election-related proceedings and where the voters cast
their votes. The accessible polling place shall be located at the ground floor,
preferably near the entrance of the building, and is free of any physical barriers
and provided with necessary services, including assistive devices.
SECTION 3. Right to Participation in Electoral Processes. — The State shall guarantee

the political rights of persons with disabilities and senior citizens, in line with the concept of
universal design, by:
(a) Ensuring that voting procedures, facilities and materials are appropriate, accessible,
and easy to understand and use;
(b) Protecting the right of persons with disabilities and senior citizens to vote by secret
ballot in elections without intimidation, facilitating the use of assistive and new
technologies where appropriate; and
(c) Guaranteeing the free expression, in the exercise of the right of suffrage, of persons
with disabilities and senior citizens, allowing assistance in voting by a person
of their own choice.
SECTION 4. Duty of the Commission to Render Assistance to Persons with Disabilities and
Senior Citizens. — It shall be the duty of the Commission to render appropriate assistance to
persons with disabilities and senior citizens in coordination with government agencies and civil
society organizations. ETHCDS
SECTION 5. Record of Persons with Disabilities and Senior Citizens. — The Commission
shall keep an updated record of persons with disabilities and senior citizens who are registered
as voters, which indicates the types of disability and the assistance they need, to assist it in
determining policy directions for more inclusive and accessible electoral processes. The record
shall be made accessible to concerned government offices, accredited citizens› arms, civil
society monitoring groups and other organizations which promote the rights of the persons with
disabilities and senior citizens, subject to specific guidelines the Commission may promulgate to
protect theprivacy of the individuals concerned.
SECTION 6. Registration and Updating of Records. — In designing the forms, the

Commission must ensure that persons with disabilities and senior citizens applying for
registration, reactivation, transfer, or correction of entry indicate the type(s) of disability, as well
as the form(s) of assistance needed.
Persons with disabilities and senior citizens who have previously registered but have not
indicated the type of disability, or who may have developed or manifested such disability after
having been registered, shall be allowed, during the periods to file applications for registration,
to update their registration records, and to indicate the type of disability as well as the form
of assistance they need during election day. The Commission may design registration forms
specifically for persons with disabilities and senior citizens, or issue supplemental forms for
the said purpose, and provide for procedures to be followed by those who need to update their
registration records.
SECTION 7. Assistance in the Accomplishment of Application Form. — A person with
disability or senior citizen who cannot by himself or herself accomplish an application for
registration, by reason of illiteracy or physical disability, shall be assisted by the Election Officer
in the preparation of his or her application form, or by any member of an accredited citizens›
arm, or by a relative by consanguinity or affinity within the fourth civil degree, or if he or she has
none present, by any person of his or her confidence who belongs to the same household. cTCEIS
SECTION 8. Satellite and Special Registration. — The Commission, in coordination with

national government agencies and local government units, person with disability and senior
citizen organizations, and other cause-oriented groups, shall conduct satellite and/or special
registration for persons with disabilities and senior citizens in accessible places.
SECTION 9. Creation of Precincts for Persons with Disabilities and Senior Citizens. — The
Commission is hereby authorized to establish precincts of a nonterritorial nature, exclusively
for persons with disabilities and senior citizens who in their registration records manifest their
intent to avail of their right to a separate precinct under this section. Pursuant hereto, the
Commission shall establish at least one (1) such precinct, assigned to accessible polling places,
for every voting center. Such precincts shall be provided with assistive devices as well as the
services of experts in assisting persons with disabilities.
SECTION 10. Ballot Design. — In designing the ballot, the Commission shall ensure
reasonable accommodation to persons with disabilities and senior citizens to enable them to
accomplish the ballots by themselves.
SECTION 11. Assistance in the Accomplishment of the Ballot. — A person with disability or
senior citizen who is illiterate or physically unable to prepare the ballot by himself or herself
may be assisted in the preparation of his or her ballot by a relative by consanguinity or affinity
within the fourth civil degree, or if he or she has none, by any person of his or her confidence
who belongs to the same household, or by any member of the BEIs. For this purpose, the person
who usually assists the person with disability or senior citizen, such as a personal assistant,
a caregiver or a nurse shall be considered a member of his or her household: Provided, That
no voter shall be allowed to have an assistor on the basis of illiteracy or physical disability
unless it is so indicated in his or her registration record. Nevertheless, if the physical inability to
prepare the ballot is manifest, obvious, or visible, said voter shall be allowed to be assisted in
accomplishing the ballot by a qualified assistor, even if not stated or indicated in the registration
record: Provided, further, That the assistor must be of voting age.
The assistor shall bind himself or herself in a formal document under oath to fill out the
ballot strictly in accordance with the instructions of the voter and not to reveal the contents of
the ballot prepared by him or her, and shall prepare the ballot for the voter inside the voting
booth. Except for the members of the BEIs, no assistor can assist for more than three (3) times.
Any violation of this provision shall constitute an election offense punishable under Section 262
of the Omnibus Election Code. EIaDHS
SECTION 12. Sensitivity Training Program. — The Commission, in coordination with the

National Council on Disability Affairs (NCDA), the Commission on Human Rights (CHR), and
person with disability and senior citizen organizations, shall organize, design, and implement
sensitivity trainings to persons performing electoral duties, including the Commission field
officers, members of the BEIs, and accredited citizens› arms to familiarize them with the needs of
the persons with disabilities and senior citizens.
SECTION 13. Information Materials. — The Commission shall ensure that information
materials relating to the electoral processes are appropriate and accessible to persons with
disabilities and senior citizens.
SECTION 14. Appropriations. — The initial funding of this Act shall be charged against the
current year›s appropriations or from any available savings of the Commission. Thereafter, such
amount as may be necessary for the continued implementation of this Act shall be included in
the annual General Appropriations Act.
SECTION 15. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the Commission shall promulgate the implementing rules and regulations.
SECTION 16. Separability Clause. — Should any provision of this Act be declared invalid
or unconstitutional, the validity or constitutionality of the other provisions shall not be affected
thereby.
SECTION 17. Repealing Clause. — All laws, presidential decrees, executive orders,
resolutions, rules and regulations or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.
SECTION 18. Effectivity Clause. — This Act shall take effect on July 1, 2013, after its
publication in two (2) newspapers of general circulation.
Approved: February 15, 2013. CASaEc
Published in The Philippine Star on February 22, 2013.

(Authorizing COMELEC to Establish Precincts Assigned to Accessible Polling Places Exclusively for
|||
PWDs and Senior Citizens, Republic Act No. 10366, [February 15, 2013])
January 18, 2013
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the «Domestic Workers Act» or «Batas
Kasambahay». cDCaTS
SECTION 2. Declaration of Policies. — It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to respect,
promote, protect and realize the fundamental principles and rights at work including,
but not limited to, abolition of child labor, elimination of all forms of forced labor,
discrimination in employment and occupation, and trafficking in persons, especially
women and children;
(b) The State adheres to internationally accepted working conditions for workers in general,
and establishes labor standards for domestic workers in particular, towards decent
employment and income, enhanced coverage of social protection, respect for
human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against abuse,
harassment, violence, economic exploitation and performance of work that is
hazardous to their physical and mental health; and
(d) The State, in protecting domestic workers and recognizing their special needs to ensure
safe and healthful working conditions, promotes gender-sensitive measures in
the formulation and implementation of policies and programs affecting the local
domestic work.
SECTION 3. Coverage. — This Act applies to all domestic workers employed and working
within the country.
SECTION 4. Definition of Terms. — As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker as security or

payment for a debt where the length and nature of service is not clearly defined or
when the value of the service is not reasonably applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the transfer of the
domestic worker from place of origin to the place of work covering the cost of
transportation. Advances or loans by the domestic worker are not included in the
definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or households. EDCIcH
(d) Domestic worker or “Kasambahay” refers to any person engaged in domestic work
within an employment relationship such as, but not limited to, the following: general
househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude
any person who performs domestic work only occasionally or sporadically and not
on an occupational basis.
The term shall not include children who are under foster family arrangement,
and are provided access to education and given an allowance incidental to
education, i.e., “baon”, transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls the services of a domestic
worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the occupants of the house
that are directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate partnership,
corporation or entity licensed to engage in the recruitment and placement of
domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who are fifteen (15)
years old and above but below eighteen (18) years old.
ARTICLE II
Rights and Privileges
SECTION 5. Standard of Treatment. — The employer or any member of the household
shall not subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of
physical violence or harassment or any act tending to degrade the dignity of a domestic worker.
SECTION 6. Board, Lodging and Medical Attendance. — The employer shall provide for the
basic necessities of the domestic worker to include at least three (3) adequate meals a day and
humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case
of illnesses and injuries sustained during service without loss of benefits.
DCAEcS
At no instance shall the employer withdraw or hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to the domestic worker.
SECTION 7. Guarantee of Privacy. — Respect for the privacy of the domestic worker shall be
guaranteed at all times and shall extend to all forms of communication and personal effects. This
guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at
all times.
SECTION 8. Access to Outside Communication. — The employer shall grant the domestic
worker access to outside communication during free time: Provided, That in case of emergency,
access to communication shall be granted even during work time. Should the domestic worker
make use of the employer›s telephone or other communication facilities, the costs shall be borne
by the domestic worker, unless such charges are waived by the employer.
SECTION 9. Right to Education and Training. — The employer shall afford the domestic
worker the opportunity to finish basic education and may allow access to alternative learning
systems and, as far as practicable, higher education or technical and vocational training. The
employer shall adjust the work schedule of the domestic worker to allow such access to education
or training without hampering the services required by the employer.
SECTION 10. Prohibition Against Privileged Information. — All communication and

information pertaining to the employer or members of the household shall be treated as privileged
and confidential, and shall not be publicly disclosed by the domestic worker during and after
employment. Such privileged information shall be inadmissible in evidence except when the suit
involves the employer or any member of the household in a crime against persons, property,
personal liberty and security, and chastity.
SADECI
ARTICLE III
Pre-Employment
SECTION 11. Employment Contract. — An employment contract shall be executed by and

between the domestic worker and the employer before the commencement of the service in a
language or dialect understood by both the domestic worker and the employer. The domestic
worker shall be provided a copy of the duly signed employment contract which must include the
following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;

(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model employment
contract for domestic workers which shall, at all times, be made available free of charge to
domestic workers, employers, representative organizations and the general public. The DOLE
shall widely disseminate information to domestic workers and employers on the use of such
model employment contract. EaCDAT
In cases where the employment of the domestic worker is facilitated through a private
employment agency, the PEA shall keep a copy of all employment contracts of domestic workers
and shall be made available for verification and inspection by the DOLE.
SECTION 12. Pre-Employment Requirement. — Prior to the execution of the employment

contract, the employer may require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document showing
the age of the domestic worker such as voter’s identification card, baptismal record
or passport.
However, Section 12 (a), (b), (c) and (d) shall be standard requirements when the employment
of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as the case
may be.
SECTION 13. Recruitment and Finder’s Fees. — Regardless of whether the domestic worker
was hired through a private employment agency or a third party, no share in the recruitment
or finder›s fees shall be charged against the domestic worker by the said private employment
agency or third party.
SECTION 14. Deposits for Loss or Damage. — It shall be unlawful for the employer or any
other person to require a domestic worker to make deposits from which deductions shall be
made for the reimbursement of loss or damage to tools, materials, furniture and equipment in
the household.
SECTION 15. Prohibition on Debt Bondage. — It shall be unlawful for the employer or any
person acting on behalf of the employer to place the domestic worker under debt bondage. TcDAHS
SECTION 16. Employment Age of Domestic Workers. — It shall be unlawful to employ any

person below fifteen (15) years of age as a domestic worker. Employment of working children, as
defined under this Act, shall be subject to the provisions of Section 10 (A), paragraph 2 of Section
12-A, paragraph 4 of Section 12-D, and Section 13 of Republic Act No. 7610, as amended, otherwise
known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act”.
Working children shall be entitled to minimum wage, and all benefits provided under this
Act.
Any employer who has been sentenced by a court of law of any offense against a working
child under this Act shall be meted out with a penalty one degree higher and shall be prohibited
from hiring a working child.
SECTION 17. Employer’s Reportorial Duties. — The employers shall register all domestic
workers under their employment in the Registry of Domestic Workers in the barangay where the
employer’s residence is located. The Department of the Interior and Local Government (DILG)
shall, in coordination with the DOLE, formulate a registration system for this purpose.
SECTION 18. Skills Training, Assessment and Certification. — To ensure productivity and
assure quality services, the DOLE, through the Technical Education and Skills Development
Authority (TESDA), shall facilitate access of domestic workers to efficient training, assessment and
certification based on a duly promulgated training regulation.
ARTICLE IV
Employment — Terms and Conditions
SECTION 19. Health and Safety. — The employer shall safeguard the health and safety of
the domestic worker in accordance with laws, rules and regulations, with due consideration of the
peculiar nature of domestic work.
SECTION 20. Daily Rest Period. — The domestic worker shall be entitled to an aggregate
daily rest period of eight (8) hours per day.
SECTION 21. Weekly Rest Period. — The domestic worker shall be entitled to at least twenty-
four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree
in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the
employer shall respect the preference of the domestic worker as to the weekly rest day when such
preference is based on religious grounds. Nothing in this provision shall deprive the domestic
worker and the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day; THESAD
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SECTION 22. Assignment to Nonhousehold Work. — No domestic worker shall be assigned to

work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided
for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the
applicable minimum wage.
SECTION 23. Extent of Duty. — The domestic worker and the employer may mutually agree
for the former to temporarily perform a task that is outside the latter›s household for the benefit
of another household. However, any liability that will be incurred by the domestic worker on
account of such arrangement shall be borne by the original employer. In addition, such work
performed outside the household shall entitle the domestic worker to an additional payment
of not less than the existing minimum wage rate of a domestic worker. It shall be unlawful for
the original employer to charge any amount from the said household where the service of the
domestic worker was temporarily performed.
SECTION 24. Minimum Wage. — The minimum wage of domestic workers shall not be less
than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the
National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and
first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other
municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional
Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and
adjust the minimum wage rates of domestic workers. IAETSC
SECTION 25. Payment of Wages. — Payment of wages shall be made on time directly to
the domestic worker to whom they are due in cash at least once a month. The employer, unless
allowed by the domestic worker through a written consent, shall make no deductions from the
wages other than that which is mandated by law. No employer shall pay the wages of a domestic
worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object
other than the cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
SECTION 26. Pay Slip. — The employer shall at all times provide the domestic worker with a
copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions
made, if any. The copies of the pay slip shall be kept by the employer for a period of three (3) years.
SECTION 27. Prohibition on Interference in the Disposal of Wages. — It shall be unlawful for

the employer to interfere with the freedom of any domestic worker to dispose of the latter›s wages.
The employer shall not force, compel or oblige the domestic worker to purchase merchandise,
commodities or other properties from the employer or from any other person, or otherwise make
use of any store or services of such employer or any other person.
SECTION 28. Prohibition Against Withholding of Wages. — It shall be unlawful for an employer,

directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves
without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall
be forfeited. Likewise, the employer shall not induce the domestic worker to give up any part of
the wages by force, stealth, intimidation, threat or by any other means whatsoever.
SECTION 29. Leave Benefits. — A domestic worker who has rendered at least one (1) year of
service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That
any unused portion of said annual leave shall not be cumulative or carried over to the succeeding
years. Unused leaves shall not be convertible to cash. EASCDH
SECTION 30. Social and Other Benefits. — A domestic worker who has rendered at least one
(1) month of service shall be covered by the Social Security System (SSS), the Philippine Health
Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and
shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer. However, if the

domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the
domestic worker shall pay the proportionate share in the premium payments or contributions, as
provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
SECTION 31. Rescue and Rehabilitation of Abused Domestic Workers. — Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city social welfare
officer or a social welfare officer from the Department of Social Welfare and Development (DSWD)
in coordination with the concerned barangay officials. The DSWD and the DILG shall develop a
standard operating procedure for the rescue and rehabilitation of abused domestic workers, and
in coordination with the DOLE, for possible subsequent job placement.
ARTICLE V
Post Employment
SECTION 32. Termination of Service. — Neither the domestic worker nor the employer
may terminate the contract before the expiration of the term except for grounds provided for in
Sections 33 and 34 of this Act. If the domestic worker is unjustly dismissed, the domestic worker
shall be paid the compensation already earned plus the equivalent of fifteen (15) days work by
way of indemnity. If the domestic worker leaves without justifiable reason, any unpaid salary due
not exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the employer
may recover from the domestic worker costs incurred related to the deployment expenses,
if any:Provided, That the service has been terminated within six (6) months from the domestic
worker›s employment.
If the duration of the domestic service is not determined either in stipulation or by the
nature of the service, the employer or the domestic worker may give notice to end the working
relationship five (5) days before the intended termination of the service.
ECaHSI
The domestic worker and the employer may mutually agree upon written notice to pre-
terminate the contract of employment to end the employment relationship.
SECTION 33. Termination Initiated by the Domestic Worker. — The domestic worker may
terminate the employment relationship at any time before the expiration of the contract for any
of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any member of
the household;
(b) Inhuman treatment including physical abuse of the domestic worker by the employer
or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the employer or any
member of the household;
(d) Violation by the employer of the terms and conditions of the employment contract and
other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the employer, or member/s
of the household; and
(f) Other causes analogous to the foregoing.
SECTION 34. Termination Initiated by the Employer. — An employer may terminate the
services of the domestic worker at any time before the expiration of the contract for any of the
following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful order of the
employer in connection with the former’s work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the performance of

duties;
(c) Fraud or willful breach of the trust reposed by the employer on the domestic worker; aHcACT
(d) Commission of a crime or offense by the domestic worker against the person of the
employer or any immediate member of the employer’s family;
(e) Violation by the domestic worker of the terms and conditions of the employment
contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the employer, or member/s
of the household; and
(g) Other causes analogous to the foregoing.
SECTION 35. Employment Certification. — Upon the severance of the employment

relationship, the employer shall issue the domestic worker within five (5) days from request a
certificate of employment indicating the nature, duration of the service and work performance.
ARTICLE VI
Private Employment Agencies
SECTION 36. Regulation of Private Employment Agencies (PEAs). — The DOLE shall, through
a system of licensing and regulation, ensure the protection of domestic workers hired through the
PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages, wage-
related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the “Labor
Code of the Philippines”, on qualifications of the PEAs with regard to nationality, networth, owners
and officers, office space and other requirements, as well as nontransferability of license and
commission of prohibited practices, shall apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment or placement
fees; IEcaHS
(b) Ensure that the employment agreement between the domestic worker and the employer
stipulates the terms and conditions of employment and all the benefits prescribed
by this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker and the employer
about their rights and responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements pertaining to recruited domestic

workers which shall be made available during inspections or whenever required by
the DOLE or local government officials;
(e) Assist domestic workers with respect to complaints or grievances against their
employers; and
(f) Cooperate with government agencies in rescue operations involving abused or exploited

domestic workers.
ARTICLE VII
Settlement of Disputes
SECTION 37. Mechanism for Settlement of Disputes. — All labor-related disputes shall be
elevated to the DOLE Regional Office having jurisdiction over the workplace without prejudice to
the filing of a civil or criminal action in appropriate cases. The DOLE Regional Office shall exhaust
all conciliation and mediation efforts before a decision shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other special
penal laws by either party shall be filed with the regular courts.
ARTICLE VIII
Special Provisions
SECTION 38. Information Program. — The DOLE shall, in coordination with the DILG, the
SSS, the PhilHealth and Pag-IBIG develop and implement a continuous information dissemination
program on the provisions of this Act, both at the national and local level, immediately after the
enactment of this law. EHScCA
SECTION 39. “Araw ng mga Kasambahay”. — The date upon which the President shall
approve this «Domestic Workers Act» shall be designated as the «Araw ng mga Kasambahay”.
ARTICLE IX
Penal and Miscellaneous Provisions
SECTION 40. Penalty. — Any violation of the provisions of this Act declared unlawful shall be
punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty
thousand pesos (P40,000.00) without prejudice to the filing of appropriate civil or criminal action
by the aggrieved party.
SECTION 41. Transitory Provision; Non-Diminution of Benefits. — All existing arrangements

between a domestic worker and the employer shall be adjusted to conform to the minimum
standards set by this Act within a period of sixty (60) days after the effectivity of this
Act: Provided, That adjustments pertaining to wages shall take effect immediately after the
determination and issuance of the appropriate wage order by the RTWPBs:Provided, further, That
nothing in this Act shall be construed to cause the diminution or substitution of any benefits and
privileges currently enjoyed by the domestic worker hired directly or through an agency.
SECTION 42. Implementing Rules and Regulations. — Within ninety (90) days from the
effectivity of this Act, the Secretary of Labor and Employment, the Secretary of Social Welfare
and Development, the Secretary of the Interior and Local Government, and the Director General
of the Philippine National Police, in coordination with other concerned government agencies and
accredited nongovernment organizations (NGOs) assisting domestic workers, shall promulgate
the necessary rules and regulations for the effective implementation of this Act.
ARTICLE X
Final Provisions
SECTION 43. Separability Clause. — If any provision or part of this Act is declared invalid
or unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.
DcCHTa
SECTION 44. Repealing Clause. — All articles or provisions of Chapter III (Employment of

Househelpers) of Presidential Decree No. 442, as amended and renumbered by Republic Act No.
10151 are hereby expressly repealed. All laws, decrees, executive orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 45. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved: January 18, 2013.

||| (Domestic Workers Act or Batas Kasambahay, Republic Act No. 10361, [January 18, 2013])
January 7, 2010
AN ACT PROVIDING FOR A MAGNA CARTA FOR HOMEOWNERS AND HOMEOWNERS’ ASSOCIATIONS,
AND FOR OTHER PURPOSES
CHAPTER I
Title and Declaration of Policy
SECTION 1. Title. — This Act shall be known as the «Magna Carta for Homeowners and
Homeowners› Associations».
SECTION 2. Declaration of Policy. — In fulfillment of the constitutional principles directing

the State to encourage, promote and respect nongovernmental, community-based and people›s
organizations in serving their legitimate collective interests in our participatory democracy,
it is hereby declared the policy of the State to uphold the rights of the people to form unions,
associations, or societies, and to recognize and promote the rights and the roles of homeowners
as individuals and as members of the society and of homeowners› associations. To this end, the
State shall endeavor to make available resources and assistance that will help them fulfill their
roles in serving the needs and interests of their communities, in complementing the efforts of
local government units (LGUs) in providing vital and basic services to our citizens, and in helping
implement local and national government policies, programs, rules and ordinances for the
development of the nation. DISEaC
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms shall mean:
(a) “Accounting period” refers to the fiscal or calendar year adopted by a homeowners’
association in the recording and reporting of its fiscal transactions.
(b) “Association” refers to the homeowners’ association which is a nonstock, nonprofit

corporation registered with the Housing and Land Use Regulatory Board (HLURB),
or one previously registered with the Home Insurance Guarantee Corporation (now
Home Guaranty Corporation) or the Securities and Exchange Commission (SEC),
organized by owners or purchasers of a lot in a subdivision/village or other residential
real property located within the jurisdiction of the association; or awardees,
usufructuaries, legal occupants and/or lessees of a housing unit and/or lot in a
government socialized or economic housing or relocation project and other urban
estates; or underprivileged and homeless citizens as defined under existing laws in
the process of being accredited as usufructuaries or awardees of ownership rights

under the Community Mortgage Program (CMP), Land Tenure Assistance Program
(LTAP) and other similar programs in relation to a socialized housing project actually
being implemented by the national government or the LGU.
(c) “Association member” refers to a homeowner who is a member of the association

where his/her housing unit or lot is situated and those defined in the articles of
incorporation and bylaws of the association.
(d) “Basic community services and facilities” refer to services and facilities that redound
to the benefit of all homeowners and from which, by reason of practicality, no
homeowner may be excluded such as, but not limited to: security; street and vicinity
lights; maintenance, repairs and cleaning of streets; garbage collection and disposal;
and other similar services and facilities.
(e) “Board” refers to the board of directors or trustees of the association which has primary
authority to manage the affairs of the association. CAIHaE
(f) “Common areas” refer to property owned or otherwise maintained, repaired or

administered in whole or in part by the association including, but not limited to,
roads, parks, playgrounds and open spaces as provided in Presidential Decree No.
1216.
(g) “Common expense” refers to costs incurred by the association to exercise any of the
powers provided for in this Act.
(h) “Economic housing” refers to a type of housing project with lower interest rates and
longer amortization periods provided to moderately low-income families, as defined
under existing laws, rules and regulations.
(i) “Governing document” refers to the articles of incorporation, bylaws, conditions,

rules and regulations of the association, or other written instrument by which the
association has the authority to exercise any of the powers provided for in this Act.
(j) “Homeowner” refers to any of the following:
(1) An owner or purchaser of a lot in a subdivision/village;
(2) An awardee, usufructuary, or legal occupant of a unit, house and/or lot in a

government socialized or economic housing or relocation project and other
urban estates; or
(3) An informal settler in the process of being accredited as beneficiary or awardee of

ownership rights under the CMP, LTAP, and other similar programs.
(k) “Residential real property” refers to any real property, the use of which is limited by law
to primarily residential purposes.
(l) “Simple majority” refers to fifty percent (50%) plus one (1) of the total number of
association members. DcAEIS
(m) “Socialized housing” refers to housing programs and projects covering houses and
lots or home lots only undertaken by the government or the private sector for
the underprivileged and homeless citizens which shall include sites and services
development, long-term financing, liberalized terms on interest payments, and
other benefits in accordance with the provisions of Republic Act No. 7279, otherwise
known as theUrban Development and Housing Act of 1992 (UDHA).
(n) “Subdivision/Village” refers to a tract or parcel of land partitioned into individual lots,

with or without improvements thereon, primarily for residential purposes.
SECTION 4. Registration with the HLURB. — Every association of homeowners shall be
required to register with the HLURB. This registration shall serve to grant juridical personality
to all such associations that have not previously acquired the same by operation of the General
Corporation Law or by any other general law.
The procedure for registration shall be specifically provided for in the implementing
rules and regulations to be promulgated by the HLURB pursuant to Section 28 of this Act. Such
procedure shall provide for an adjudicatory mechanism that will be observed in the event there is
a dispute involving two (2) or more associations established within the same subdivision/village,
community/area, or housing project seeking registration. In resolving this type of dispute, the
HLURB shall take into account the date each association was legally established, the date of
submission of its application for registration, the number of members, and other similar factors.
The existence of associations previously registered with the Home Insurance Guarantee
Corporation or the SEC shall be respected, and the said associations shall not be charged a penalty
when they register with the HLURB after this Act takes effect. SHTcDE
CHAPTER II
Homeowners
SECTION 5. Rights and Duties of Every Homeowner. — Every homeowner has the right to
enjoy the basic community services and facilities: Provided, That he/she pays the necessary fees
and other pertinent charges.
SECTION 6. Qualification of a Member. — A homeowner as defined under this Act shall be

qualified to be a member of an association: Provided, however, That a lessee, usufructuary, or
legal occupant shall have the right of a homeowner as set forth under this Act upon procurement
of a written consent or authorization from the owner of the lot or housing unit.
Until such consent or authorization is revoked in writing, the owner of the lot or housing
unit is deemed to have waived his/her rights enumerated under Section 7 of this Act, except
subsection (b) of the same section which can be simultaneously enjoyed by both the owner and
the lessee.
For purposes of this Act, the lessee authorized in accordance with this section shall qualify
as a member with all the rights enumerated in this Act, including the duties and obligations
enumerated under Sections 7, 8 and 9 hereof: Provided, further, That lessees in government
socialized housing projects or urban estates and those in communities of underprivileged and
homeless citizens covered under the term under Section 3 of this Act will be considered as
homeowners for the purpose of qualifying as a member of a homeowners’ association without
need of such written consent or authorization. AaHcIT
SECTION 7. Rights of a Member. — An association member has full rights:
(a) to avail of and enjoy all basic community services and the use of common areas and
facilities;
(b) to inspect association books and records during office hours and to be provided upon
request with annual reports, including financial statements;
(c) to participate, vote and be eligible for any elective or appointive office of the association
subject to the qualifications as provided for in the bylaws;
(d) to demand and promptly receive deposits required by the association as soon as the
condition for the deposit has been complied with or the period has expired;
(e) to participate in association meetings, elections and referenda, as long as his/her bona
fide membership subsists; and
(f) to enjoy all other rights as may be provided for in the association bylaws.
SECTION 8. Duties of a Member. — A member shall have the following duties:
(a) to pay membership fees, dues and special assessments;
(b) to attend meetings of the association; and
(c) to support and participate in projects and activities of the association.
SECTION 9. Delinquent Member. — The bylaws shall provide for guidelines and procedures
in determining who is a delinquent member, or a member not in good standing, and to prescribe
the administrative sanctions to be imposed on such member. The right to due process shall be
observed in cases where administrative sanctions are imposed on a delinquent member. HTCIcE
CHAPTER III
Homeowners’ Association
SECTION 10. Rights and Powers of the Association. — An association shall have the following
rights and shall exercise the following powers:
(a) Subject to consultation and with the approval of a simple majority of the members,
adopt and amend the articles of incorporation and bylaws, rules and regulations,
pursuant to existing laws and regulations;
(b) In behalf of its members, institute, defend, or intervene in litigation and/or administrative
proceedings affecting the welfare of the association and the subdivision/village as a
whole, excluding, however, disputes that are not the responsibility of the association;
(c) Regulate the use, maintenance, repair, replacement and modification of common
areas and cause additional improvements to be made part of the common
areas: Provided, That the aforementioned do not contradict the provisions of the
approved subdivision plan;
(d) Regulate access to, or passage through the subdivision/village roads for purposes of
preserving privacy, tranquility, internal security, safety and traffic order: Provided, That:
(1) public consultations are held; (2) existing laws and regulations are met; (3) the
authority of the concerned government agencies or units are obtained; and (4) the
appropriate and necessary memoranda of agreement are executed among the
concerned parties;
(e) Hire, discharge or contract managing agents and other employees, agents and
independent contractors to ensure the full functioning and operation of the
association;
(f) Subject to consultation with and the approval of a simple majority of the association
members, acquire, hold, encumber and convey in its own name any right, title to
or interest in real or personal property:Provided, That such approval of a simple
majority of the association members shall not be required for the acquisition,
holding, encumbrance and conveyance of personal properties in amounts not
exceeding ten percent (10%) of the association’s cash holdings for its use in the
course of its normal operations;
(g) Ensure the availability of quality water services at a reasonable price and, at its option,
administer and manage the waterworks system of the subdivision;
(h) Upon consultation, grant easements, leases, concessions and authority to use common
areas and petition for or consent to the vacation of streets and alleys: Provided, That
the said grant of easements, leases, concessions and authority shall not be
applicable to access roads, main interconnecting roads, alleys and sidewalks within
the subdivision;
(i) Impose or collect reasonable fees for the use of open spaces, facilities, and services of the
association to defray necessary operational expenses, subject to the limitations and
conditions imposed under the law, the regulations of the board and the association’s
bylaws; DTISaH
(j) Cause compliance with regard to height regulations, easements, use of homes, buildings,
edifices, or structures that may be built within the subdivision, in accordance with
the National Building Code, zoning laws, HLURB rules and regulations, existing local
ordinances, and existing deeds of restriction;
(k) Subject to consultation and with the approval of a simple majority of the association
members, allow the establishment of certain institutions such as, but not limited
to, schools, hospitals, markets, grocery stores and other similar establishments
that will necessarily affect the character of the subdivision/village in terms of
traffic generation, and/or opening the area to outsiders which may result in the
loss of privacy, security, safety, and tranquility to its residents, in accordance with
the National Building Code, zoning laws, existing local ordinances, HLURB rules
and regulations, and existing jurisprudence: Provided, That such prior approval
shall not be necessary for the establishment of sari-sari stores, home industries and
similar small-scale business enterprises within the subdivision/village classified as
socialized housing;
(l) Suspend privileges of and services to and/or impose sanctions upon its members for
violations and/or noncompliance with the association’s bylaws, and rules and
regulations;
(m) Petition for the creation of a separate barangay, independently or together with
neighboring subdivisions: Provided, That all the requirements of the Local
Government Code of 1991 are met; and CaSHAc
(n) Exercise any other powers conferred by the bylaws and the HLURB necessary for the
governance and operation of the association.
SECTION 11. Board of Directors or Trustees. — The bylaws of the association shall provide for
the qualifications and number of the directors or trustees that will comprise the board.
SECTION 12. Duties and Responsibilities of the Board. — In addition to the duties and
responsibilities stated in the bylaws of the association, the board shall have the following duties
and responsibilities:
(a) Regularly maintain an accounting system using generally accepted accounting principles,

and keep books of accounts, which shall be open for inspection to any homeowner
and duly authorized representatives of government agencies upon request, during
reasonable hours on business days;
(b) Collect the fees, dues and assessments that may be provided for in the bylaws and
approved by a majority of the members;
(c) Collect reasonable charges for assessments, and after due notice and hearing by the
board in accordance with the procedures as provided in the bylaws, and rules and
regulations adopted by the board, charge reasonable fines for late payments and
for violation of the bylaws, rules, and regulations of the association, in accordance
with a previously established schedule adopted by the board and furnished to the
homeowners;
(d) Propose measures to raise funds and the utilization of such funds and submit the same
for consideration of the members of the association;
(e) Undergo a free orientation by the HLURB or any other competent agency deputized by it
on how to conduct meetings, preparation of minutes, handling of accounts, laws and
pertinent rules and regulations within thirty (30) days after election or appointment;
(f) Discharge the duties and responsibilities provided for in the association’s bylaws; and
(g) Exercise such other powers as may be necessary and proper in accordance with this
Act and for the accomplishment of the purposes for which the association was
organized.
The board shall act in all instances on behalf of the association, except to amend the articles
of incorporation, to dissolve the association, to elect members of the board or to determine the
qualifications, powers and duties, or terms of office of the board, and other instances that require
the vote or approval of the members themselves. In the performance of their duties, the officers
and members of the board shall exercise the degree of care and loyalty required by such position. prcd
SECTION 13. Removal of a Director or Trustee. — Through a signed petition of a simple

majority of the association members in good standing, subject to a verification and validation
by the HLURB, a director/trustee may be removed for causes provided in the bylaws of the
association: Provided, That if a majority of the members of the board is removed, it shall be
considered a dissolution of the entire board, in which case, Section 14 hereof shall govern.
Within sixty (60) days after the removal of a director or trustee, an election shall be called by
the remainder of the board for the purpose of determining who shall hold office for the unexpired
term of the removed director/trustee.
SECTION 14. Dissolution of the Board. — Through a signed petition of two-thirds (2/3) of

the association members subject to a verification and validation by the HLURB, the board of the
association may be dissolved for causes provided in the bylaws of the association.
Within sixty (60) days from the above dissolution, an election for a new board shall be
called and conducted by the HLURB for the purpose of determining who shall hold office for the
unexpired term of the dissolved board.
Until the new board members shall have been elected and qualified, the HLURB shall
designate an interim board: Provided, That such board shall be composed of association members
in good standing: Provided, further,That such interim board members shall not be eligible to run in
the election called for the purpose of replacing the members of the dissolved board. HaECDI
SECTION 15. Association Bylaws. — The bylaws of the association shall be adopted by a
simple majority of the members of the association. Consistent with the provisions of this Act, it
shall provide for:
(a) The rights, duties and obligations of members;
(b) The circumstances under which membership is acquired, maintained, and lost;
(c) The schedule, venue, and manner of conducting the regular, special, and emergency
meetings of the general membership, the required quorum, and allowable proxies
in such meetings;
(d) The number, qualifications, powers and duties, terms of office, manner of electing and
removing the board and the filling of vacancies in the board: Provided, That the term
of office of the members of the board shall not exceed two (2) years; DEICTS
(e) The qualifications, positions, duties, election or appointment, and compensation of

other officers and employees of the association: Provided, That the term of office of
the other officers shall not exceed two (2) years: Provided, further, That no officer of
the association holding a rank of director or trustee shall likewise be entitled to any
compensation;
(f) The schedule, venue, and manner of conducting the regular, special, and emergency
meetings of the board, the required quorum, and allowable proxies in such meetings;
(g) Such powers that the board may delegate to a managing agent, if any, or to other
persons;
(h) Which of its officers may prepare, execute, certify and record amendments to the
governing documents on behalf of the association;
(i) The grounds and procedure for removal of director or trustee, and the manner of filling
up vacancies in the board, consistent with Section 13 of this Act;
(j) The grounds and procedure for dissolution of the board, and the manner of reconstituting
the board, consistent with Sections 13 and 14 of this Act;
(k) The actions for limiting, broadening or denying the right to vote, and the extent
thereof; CHcTIA
(l) The designation of the presiding officer at meetings of directors or trustees and members;
(m) The time for holding the regular election of directors or trustees and the mode or
manner of giving notice thereof;
(n) The creation of election, grievance and audit committees, and such other committees
which the association may deem necessary; as well as a conciliation or mediation
mechanism for the amicable settlement of disputes among members, directors or
trustees, officers and committee members of the association;
(o) The dues, fees, and special assessments to be imposed on a regular basis, and the
manner in which the same may be imposed and/or increased;
(p) The method of adopting, amending, repealing and abrogating the bylaws;
(q) The list of acts constituting a violation by its officers and the corresponding penalties
therefor;
(r) The penalties for violation of the bylaws; and
(s) Such other matters necessary for the proper or convenient transaction of its corporate
business and affairs.
SECTION 16. Proxies. — Association members may vote in person or by proxy in all meetings
of members. Proxies shall be in writing, signed by the member and filed before the scheduled
meeting with the association secretary. Unless otherwise provided in the proxy, it shall be valid
only for the meeting for which it is intended. No proxy shall be valid and effective for a period
longer than three (3) years at any one time unless earlier revoked by the member. THESAD
SECTION 17. Financial and Other Records. — The homeowners› association is enjoined to

observe the following, with regard to its funds, financial and other records:
(a) The association or its managing agent shall keep financial and other records sufficiently
detailed to enable the association to fully declare to each member the true statement
of its financial status. All financial and other records of the association including, but
not limited to, checks, bank records and invoices, in whatever form these are kept,
are the property of the association. Each association’s managing agent shall turn
over all original books and records to the association immediately upon termination
of the management relationship with the association, or upon such other demand
as is made by the board. An association’s managing agent is entitled to keep
association records. All records which the managing agent has turned over to the
association shall be made reasonably available for the examination and copying by
the managing agent;
(b) All records involving the affairs of the association shall be available for examination by
all owners, holders of mortgages on the lots, and their respective authorized agents
upon reasonable advanced notice, during normal working hours at the office of the
association: Provided, That holders of mortgages on lots may have access to the
information about the property held in mortgage with the written consent of the
registered owner;
(c) A financial statement of the association shall be prepared annually by an auditor, the
treasurer and/or an independent certified public accountant within ninety (90)
days from the end of the accounting period to be posted in the association office,
bulletin boards, or other conspicuous places within the subdivision/village, and to
be submitted to the HLURB; and DcTaEH
(d) The funds of the association shall be kept in accounts in the name of the association and
shall not be joined with the funds of any other association, or any person responsible
for the custody of such funds.
SECTION 18. Relationship with LGUs. — Homeowners› associations shall complement,

support and strengthen LGUs in providing vital services to their members and help implement
local government policies, programs, ordinances, and rules.
Associations are encouraged to actively cooperate with LGUs in furtherance of their common
goals and activities for the benefit of the residents of the subdivisions/villages and their environs.
Where the LGUs lack resources to provide for basic services, the associations shall endeavor
to tap the means to provide for the same. In recognition of the associations’ efforts to assist the
LGUs in providing such basic services, association dues and income derived from rentals of their
facilities shall be tax-exempt: Provided, That such income and dues shall be used for the cleanliness,
safety, security and other basic services needed by the members, including the maintenance of
the facilities of their respective subdivisions or villages.
LGUs shall, upon due notice, hold public consultations with the members of the affected
associations, especially their officers and directors, where proposed rules, zoning and other
ordinances, projects and/or programs affecting their jurisdiction and surrounding vicinity are
to be implemented prior to the effectivity or implementation of such rules, zoning, ordinances,
projects or programs: Provided, That in cases of zonal reclassification, the approval of a simple
majority of homeowners shall be required. aSATHE
Such public consultations shall conform to the manner as specified in Rule XI, Article 54 of
the implementing rules and regulations of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991.
SECTION 19. Relationship with National Government Agencies. — The associations shall
complement, support and strengthen the efforts of the national government agencies in
providing vital services to their members and help implement the national government policies
and programs.
Associations are encouraged to actively cooperate with national government agencies

in the furtherance of their common goals and activities for the benefit of the residents of the
subdivisions and its environs.
National government agencies shall consult the associations where proposed rules,
projects and/or programs may affect their welfare.
CHAPTER IV
Duties and Responsibilities of the HLURB
SECTION 20. Duties and Responsibilities of the HLURB. — In addition to the powers, authorities
and responsibilities vested in it by Republic Act No. 8763, Presidential Decree No. 902-A, Batas
Pambansa Blg. 68 andExecutive Order No. 535, Series of 1981, as amended, the HLURB shall:
(a) Regularly conduct free orientation for officers of homeowners’ associations or deputize

another competent agency to conduct the orientation;
(b) Formulate and publish a Code of Ethics and Ethical Standards for board members
detailing prohibited conflicts of interest;
(c) Register all associations, federations, confederations or umbrella organizations of the

associations;
(d) Hear and decide intra-association and/or inter-association controversies and/or

conflicts, without prejudice to filing civil and criminal cases by the parties concerned
before the regular courts: Provided, That all decisions of the HLURB are appealable
directly to the Court of Appeals;
(e) Formulate the rules or manner of verification and validation of petitions for the removal
of director(s) or trustee(s) of the association or dissolution of the board pursuant to
Sections 13 and 14 of this Act;
(f) Exercise the same powers over federations, confederations or umbrella organizations of

the associations;
TSaEcH
(g) Formulate, in consultation with the representatives of associations, federations,

confederations or umbrella organizations of the associations, standard
nomenclatures to be used for the associations’ books of accounts, and a standard
articles of incorporation and bylaws for homeowners’ association for reference
purposes;
(h) Formulate, in consultation with the representatives of associations, federations,

confederations or umbrella organizations of the associations, the guidelines in
regulating the kinds of contributions and fees that may be charged and/or collected
by associations; and
(i) Call upon the Philippine National Police, other law enforcement agencies, and other
instrumentalities of the government, if necessary, for the enforcement of its
functions.
SECTION 21. Additional Positions and Personnel for the HLURB. — For purposes of this Act,
the HLURB shall, upon its discretion, create positions and enlist additional personnel to carry out
its mandate. SAcaDE
CHAPTER V
Final Provisions
SECTION 22. Prohibited Acts. — It shall be prohibited for any person:
(a) To compel a homeowner to join the association, without prejudice to the provisions of
the deed of restrictions, its extensions or renewals as approved by the majority vote
of the members or as annotated on the title of the property; the contract for the
purchase of a lot in the subdivision project; or an award under a CMP project or a
similar tenurial arrangement;
(b) To deprive any homeowner of his/her right to avail of or enjoy basic community services
and facilities where he/she has paid the dues, charges, and other fees for such
services;
(c) To prevent any homeowner who has paid the required fees and charges from reasonably
exercising his/her right to inspect association books and records;
(d) To prevent any member in good standing from participating in association meetings,
elections and referenda;
(e) To deny any member due process in the imposition of administrative sanctions;
(f) To exercise rights and powers as stated in Section 10 in violation of the required
consultation and approval of the required number of homeowners or members;
(g) To unreasonably fail to provide basic community services and facilities and maintain,
repair, replace, or modify such facilities;
(h) To unreasonably fail to comply with Section 17 of this Act; or
(i) To violate any other provision of this Act.
SECTION 23. Penalties and Sanctions. — Any person who, intentionally or by gross
negligence, violates any provision of this Act, fails to perform his/her functions under this Act and/
or violates the rights of the members, shall be punished with a fine of not less than Five thousand
pesos (Php5,000.00) but not more than Fifty thousand pesos (Php50,000.00) and permanent
disqualification from being elected or appointed as member of the board, officer or employee
of the association, without prejudice to being charged before a regular court for violations of the
provisions of the Revised Penal Code, Civil Code and other pertinent laws. EDACSa
If the violation is committed by the association, the members, officers, directors or trustees
of the association who have actually participated in, authorized, or ratified the prohibited act
shall be held liable.
If the violation is committed by the employees and agents who acted in gross violation of
the provisions of this Act, the officers, directors or trustees, or incorporators of the association
shall be jointly and severally liable with the offending employees, agents, and the association.
SECTION 24. Review of Association’s Bylaws. — In order to comply with the provisions of
this Act, the homeowners› association shall, within six (6) months from the effectivity of this Act,
conduct a review of its bylaws, draft its own rules of procedure to be incorporated in the bylaws
and conduct a plebiscite for the approval of the members of the association. A simple majority
shall be used to determine the approval of the bylaws.
SECTION 25. Appropriations. — The amounts necessary for the implementation of this Act
and for carrying out the additional functions and responsibilities of the HLURB shall be included
in the annual General Appropriations Act.
SECTION 26. Separability Clause. — If any provision of this Act is declared invalid or
unconstitutional, the remainder of the Act shall remain valid and subsisting.
SECTION 27. Repealing Clause. — All other issuances, laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
SECTION 28. Implementing Rules and Regulations. — The HLURB shall formulate and
promulgate, in consultation with concerned sectors, rules and regulations necessary to implement
the provisions of this Act within six (6) months of its effectivity.
No rule or regulation shall be issued which tends to undermine the organizational and
territorial integrity of any association.
SECTION 29. Effectivity. — This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in at least two (2) national newspapers of general circulation. AHCaES
Approved: January 7, 2010

(Magna Carta for Homeowners and Homeowners› Associations, Republic Act No. 9904, [January 7,
|||
2010])
May 18, 2016
AN ACT MANDATING THE PROVISION OF EMERGENCY RELIEF AND PROTECTION FOR CHILDREN
BEFORE, DURING, AND AFTER DISASTERS AND OTHER EMERGENCY SITUATIONS
SECTION 1. Short Title. — This Act shall be known as the «Children›s Emergency Relief and
Protection Act».
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to protect
the fundamental rights of children before, during, and after disasters and other emergency
situations when children are gravely threatened or endangered by circumstances that affect their
survival and normal development. Guided by the principles on survival and development, on
child participation, and consistent with the United Nations Convention on the Rights of the Child,
as well as the Children›s Charter for Disaster Risk and Reduction, and the minimum standards for
children in humanitarian action, the State shall establish and implement a comprehensive and
strategic program of action to provide the children and pregnant and lactating mothers affected
by disasters and other emergency situations with utmost support and assistance necessary for
their immediate recovery and protection against all forms of violence, cruelty, discrimination,
neglect, abuse, exploitation and other acts prejudicial to their interest, survival, development
and well-being. ISHCcT
SECTION 3. Definition of Terms. — For the purposes of this Act, the following shall refer to:
(a) Child — refers to a 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
as defined in Republic Act No. 7610 or the Special Protection of Children Against
Abuse, Exploitation and Discrimination Act;
(b) Child with Special Needs — refers to a child with a developmental or physical disability
as defined in Republic Act No. 10165 or the Foster Care Act of 2012;
(c) Child-Friendly Spaces — refer to spaces where communities create nurturing environments

for children to engage in free and structured play, recreation, leisure and learning
activities. The child-friendly space may provide health, nutrition, and psychosocial
support, and other services or activities which will restore their normal functioning;
(d) Civil Registry Documents — refer to all certificates, application forms, and certified
true copies of legal instruments and court decrees concerning the acts and events
affecting the civil status of persons which are presented before the Civil Registrar
and are recorded in the Civil Registry;
(e) Civil Society Organizations (CSOs) — as defined in Republic Act No. 10121 or the Philippine
Disaster Risk Reduction and Management Act of 2010, refer to non-state actors
whose aims are neither to generate profits nor to seek governing power such as
nongovernment organizations (NGOs), professional associations, foundations,
independent research institutes, community-based organizations (CBOs), faith-
based organizations, people’s organizations, social movements, and labor unions
which are organized based on ethical, cultural, scientific, religious or philanthropic
considerations;
(f) Disasters — as defined in Republic Act No. 10121, refer to a serious disruption of the
functioning of a community or a society involving widespread human, material,
economic, or environmental losses and impacts, which exceeds the ability of the
affected community or society to cope using its own resources. Disasters are often
described as a result of the combination of: the exposure to a hazard; the conditions
of vulnerability that are present; and insufficient capacity or measures to reduce or
cope with the potential negative consequences. Disaster impacts may include loss
of life, injury, disease and other negative effects on human, physical, mental and
social well-being, together with damage to property, destruction of assets, loss of
services, social and economic disruption, and environmental degradation; CAacTH
(g) Emergency — refers to unforeseen or sudden occurrence, especially danger, demanding

immediate action as defined in Republic Act No. 10121;
(h) Family Tracing and Reunification — refers to the process where disaster response teams
reunite families separated by natural and human catastrophes by bringing together
the child and family or previous care-provider for the purpose of establishing or
reestablishing long-term care;
(i) Hazard — refers to a dangerous phenomenon, substance, human activity or condition

that may cause loss of life, injury or other health impacts, property damage, loss of
livelihood and services, social and economic disruption, or environmental damage
as defined in Republic Act No. 10121;
(j) Orphans or Orphaned Children — refer to children who do not have a family and relatives
who can assume responsibility for their care;
(k) Separated Children — refer to children separated from both parents, or from their
previous legal or usual primary caregiver, but not necessarily from other relatives.
As a result, this may include children accompanied by other family members;
(l) State of Calamity — refers to a condition involving mass casualty and/or major damages
to property, disruption of means of livelihoods, roads, and normal way of life of
people in the affected areas as a result of occurrence of natural or human-induced
hazard as defined in Republic Act No. 10121;
(m) Transitional Shelter — refers to structures temporarily constructed by the government

intended for families affected by a disaster while awaiting transfer to permanent
shelters; and
(n) Unaccompanied Children — refer to children who have been separated from both
parents and other relatives, and who are not being cared for by an adult who, by law
or custom, is responsible for doing so.
IAETDc
SECTION 4. Comprehensive Emergency Program for Children. — The Department of Social

Welfare and Development (DSWD) shall formulate a Comprehensive Emergency Program for
Children, hereinafter referred to as the Program, taking into consideration humanitarian standards
for their protection. The Program shall be used as the basis for handling disasters and other
emergency situations to protect children, pregnant and lactating mothers, and support their
immediate recovery. This shall be implemented immediately after the declaration of a national or
local state of calamity or occurrence of any other emergency situation.
The DSWD shall engage all relevant government agencies and stakeholders for the
implementation of the Program. Local government units (LGUs) shall integrate the same in their
development and Local Disaster Risk Reduction and Management (LDRRM) plans and budget.
The Program shall be gender-sensitive and have the following components:
(a) Establishment of Evacuation Centers. — LGUs shall establish and identify safe locations
as evacuation centers for children and families subject to the limitations found in
Section 5 of this Act.
(b) Establishment of Transitional Shelters for Orphaned, Separated, and Unaccompanied

Children. — The National Housing Authority (NHA) shall, in coordination with the
DSWD, the Department of Environment and Natural Resources (DENR), Department
of Public Works and Highways (DPWH), Department of the Interior and Local
Government (DILG), and LGUs of the areas declared under a state of calamity,
immediately establish an option for transitional shelters, prioritizing vulnerable and
marginalized groups including orphaned, separated, and unaccompanied children,
and pregnant and lactating mothers. New transitional shelters, established pursuant
to this Act, shall be designed with the following considerations: gender-specific
emergency latrines, bathing cubicles, and hand washing facilities specifically
designed for children. It shall provide mother and child-friendly spaces where
children can take part in child activities. It shall also have provisions for maternal
and newborn and infant care and rooms to protect, feed, provide personal care, and
ensure the right to privacy. Existing transitional shelters shall be modified to the
extent possible to comply with the abovementioned considerations.
(c) Assurance for Immediate Delivery of Basic Necessities and Services. — The Program
shall facilitate and ensure the immediate delivery of basic necessities and services
specifically required by the affected children in different stages of development
such as access to basic health services, food, water, nutrition, medicines, clothing,
sanitary and hygiene kits, and other emergency needs such as blankets, mosquito
nets, cooking ware and fuel, and flashlights. The Program shall give priority to the
specific health and nutrition needs of pregnant women, lactating mothers, newborn
babies, children under five (5) years old and children with special needs.
(d) Stronger Measures to Ensure the Safety and Security of Affected Children. — Under the
Program, the Philippine National Police (PNP) shall, in coordination with the Armed
Forces of the Philippines (AFP) and the DSWD, DILG, LGUs, Department of Education
(DepED), Commission on Higher Education (CHED) and CSOs in the community,
monitor and ensure the safety and the security of the affected children in the areas
declared under a state of calamity and shall protect them against all forms of abuse
and exploitation.
Upon the declaration of a national and local state of calamity, the PNP and the DSWD,
with the assistance of the AFP operating units in the area and local councils against
trafficking and violence against women and their children, in accordance with
existing laws, shall immediately heighten comprehensive measures and monitoring
to prevent child trafficking, labor, and prostitution, including domestic and sexual
violence, in the areas declared under a state of calamity. DcHSEa
The DSWD shall require all government agencies, LGUs, and CSOs which are tasked to
provide any assistance or services to the affected children to adopt a child protection
policy. The child protection policy shall include measures to deter and effectively
respond to cases of violence, abuse, and exploitation of children.
All LGUs shall prioritize the establishment and functionality of the barangay violence
against women and children (VAWC) desks. The VAWC desk shall serve as one of the
key reporting and referral mechanism for cases of violence, abuse, and exploitation
of children in the barangay during all phases of emergency response and recovery.
Children shall be given priority during evacuation as a result of a disaster or other

emergency situation. Existing CSOs in the community 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.
(e) Delivery of Health, Medical, and Nutrition Services. — Under the Program, the DOH, in
coordination with the DSWD, LGUs, and CSOs in the community, shall provide the
health, medical, and nutritional needs of children in the areas declared under a state
of calamity, including psychosocial interventions for children in different stages of
development.
(f) Plan of Action for Prompt Resumption of Educational Services for Children. — The
DepED, in coordination with the DSWD, DILG, and the concerned LGUs shall ensure
the prompt resumption of educational services for all children, including early
childhood care and development for children aged below five (5).
(g) Establishment of Child-friendly Spaces. — The concerned LGU shall set up child-friendly

spaces in every city or municipality declared under a state of calamity, as needed,
based on the guidelines to be promulgated by the DSWD. In addition, LGUs shall
coordinate with lead agencies and CSOs to effectively respond to the needs of the
children in the area. Child-friendly spaces shall be made available throughout a
crisis, from emergencies to recovery.
In case the concerned LGU cannot immediately respond due to the huge impact of
disaster, the DSWD, together with the concerned national government agencies and
in coordination with the CSOs and other stakeholders, as well as nearby LGUs, shall
provide the necessary child care services and social protection of affected children.
(h) Promotion of Children’s Rights. — The Program shall include activities and processes
that will promote and uphold the rights of children by: SCaITA
(1) Providing child-centered training for all responders;
(2) Ensuring that children are provided with adequate access to age-appropriate
information on their roles and responsibilities and those of government
agencies before, during, and after disasters and other emergency situations;
(3) Providing an effective mechanism for training and meaningful participation of

children in community disaster risk reduction program; and
(4) Consulting with the affected children on their needs and priorities for post-
disaster relief and recovery.
SECTION 5. Evacuation Centers. — Only in cases where there is no other available place or
structure which can be used as a general evacuation center may a school or child development
center be used as an evacuation center.
When a school or child development center is used as an evacuation center, gymnasiums,

learning and activity centers, auditoriums and other open spaces shall be utilized first. Classrooms
shall only be used as a last resort. The use of the school premises shall be as brief as possible. If the
use is predicted to exceed fifteen (15) days, the affected LGU shall provide written documentation
to the DepED and the DILG on the following:
(a) The name and location of the school;
(b) All alternative sites and proposal for final site selection;

(c) Measures being implemented to prevent interference or disruption to the school and

educational activities of children; and
(d) Other particulars to be provided in the implementing rules and regulations of this Act.
The DepED, in coordination with the DPWH, shall continuously monitor and assess the
condition of temporary learning spaces or other transitional and semi-permanent structures used
as classrooms after a disaster, and if the use exceeds six (6) months after the declaration of a state
of calamity, the regional DepED office shall conduct regular site inspections and shall certify to the
Secretary of Education that such spaces are in good physical condition and sufficient to ensure
the safety of the children and their environment.
SECTION 6. Orphaned, Unaccompanied, or Separated Children. — The DSWD, upon

consultation with relevant agencies, shall develop a minimum set of standards and guidelines for
the Family Tracing Reunification System of orphaned, unaccompanied and separated children. aTHCSE
Orphaned children, and unaccompanied or separated children whose families or relatives

cannot be found or assessed to be incapable of providing proper care and protection shall be
placed in a licensed or accredited residential care facility or with a foster family in accordance
with Article 140 of the Child and Youth Welfare Code, or a community-based center. A registered
social worker shall provide the needed case management and intervention.
SECTION 7. System of Restoring Civil Registry Documents. — To ensure that vital information
pertaining to the personal circumstances of a child are adequately protected and available at
all times, the Philippine Statistics Authority (PSA) shall develop a system for the restoration and
reconstruction of civil registry documents that have been destroyed or declared lost or missing
during a disaster or calamity.
The PSA shall submit a report on the number of restored or reconstructed documents
to appropriate government agencies for effective monitoring and reporting and to ensure the
continued access of the affected children to social services and facilitate the reunification of
separated children with their families.
The PSA shall likewise develop a system for the registration of children born during a
national or local state of calamity.
SECTION 8. Training of Emergency Responders on Child Protection. — The National Disaster

Risk Reduction and Management Council (NDRRMC) shall promote and conduct a child-responsive
training program for all responders in the calamity area such as community and barangay leaders,
community members, school personnel and other rescuers. The training program shall include
the following:
(a) Proper procedures and measures to assess the situation, safeguard and protect the
affected children during and after emergencies and disasters; and
(b) Appropriate training on psychosocial interventions for children in different stages of

development who are victims of calamities.
Each member agency shall include or mainstream child protection in their emergency
response training to service providers.
SECTION 9. Data Gathering, Monitoring, and Reporting. — The agencies mandated by this Act
shall monitor and report on the implementation of services under the Program to be submitted
jointly to Congress annually. The report shall include a specific section on pregnant women and
children under five (5) years of age as a strategy to address the post-disaster nutrition needs of
children under age five (5) and pregnant women. cAaDHT
In the aftermath of a national or local state of calamity, the collection and reporting of data
for the Disaster Risk Reduction and Management Information System at all levels, as provided
for in Republic Act No. 10121, shall be disaggregated by age, gender, ethnicity, and special needs.
Such collected data shall be utilized to understand and respond better to the needs of children
affected by disasters and calamities.
Within five (5) days from the declaration of a national state of calamity or as soon as
practicable, the DSWD and the DILG shall jointly submit written documentation and report on
their surveillance and monitoring under Section 4 (d) to the appropriate committees of the Senate
and the House of Representatives.
SECTION 10. Appropriations. — The amount necessary for the initial implementation of this
Act shall be charged against the current appropriations of the DSWD, Office of Civil Defense (OCD),
DepED, DOH, Department of National Defense (DND) and PSA. Thereafter, the amount needed for
the continued implementation of this Act shall be included in the annual General Appropriations
Act. For LGUs, the implementation of the programs shall be charged against the Local Disaster
Risk Reduction and Management Fund (LDRRMF).
SECTION 11. Implementing Rules and Regulations. — Within ninety (90) days from the
effectivity of this Act, the DSWD, in consultation and coordination with the DND, OCD, DOH, DepED,
DILG, PNP, AFP and child-focused CSOs shall promulgate the necessary rules and regulations for
the effective implementation of this Act.
SECTION 12. Interpretation Clause. — The provisions of this Act and its implementing rules
and regulations shall be liberally construed in favor of the best interest of the child.
SECTION 13. Separability Clause. — If any provision or part of this Act is declared invalid
or unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.
SECTION 14. Repealing Clause. — All laws, executive orders, presidential decrees, rules
and regulations or parts thereof inconsistent with any provision of this Act are hereby repealed,
amended or modified accordingly.
the Official Gazette or in a newspaper of general circulation. HCaDIS
Approved: May 18, 2016.

||| (Children›s Emergency Relief and Protection Act, Republic Act No. 10821, [May 18, 2016])
November 3, 2015
AN ACT STRENGTHENING NONGOVERNMENT ORGANIZATIONS (NGOs) ENGAGED IN MICROFINANCE

OPERATIONS FOR THE POOR
SECTION 1. Short Title. — This Act shall be known as the «Microfinance NGOs Act».
SECTION 2. Declaration of Policies. — It is hereby declared the policy of the State to pursue
a program of poverty eradication wherein poor Filipino families shall be encouraged to undertake
entrepreneurial activities to meet their minimum basic needs including income security. Towards
this end, the State recognizes the indispensable role of nongovernment organizations (NGOs) in
fostering local enterprise development and social entrepreneurship, including the provision of
microfinance services to microenterprises. In pursuance of this policy, the State shall support and
work in partnership with qualified NGOs in promoting financially inclusive and pro-poor financial
and credit policies and mechanisms, such as microfinance and its allied services. HTcADC
SECTION 3. Definition of Terms. — As used in this Act, the following terms shall mean:
(a) Accreditation — the process of giving official recognition to duly registered microfinance

NGOs, after meeting the minimum standards set by the relevant regulator;
(b) Compensating balance — the proportion of the total loan of a microfinance client,
which is retained with the microfinance institution as capital build-up (CBU) or
microsavings. This amount can be used by the microfinance institution to offset the
clients’ outstanding balance in case of default;
(c) Gross receipts from microfinance operations — interest income, penalties, surcharges,

commissions and discounts, service and general fees, and other charges related to
microfinance operations;
(d) Low-income — income of individuals or families that fall below the low-income threshold
to be defined by the National Economic and Development Authority (NEDA);
(e) Microenterprise development strategy — a social reform program to empower the poor,

manage risks and vulnerabilities and thereby improve their asset base and expand
access to microfinance services, such as microcredit, microinsurance, microsavings,
health care and microhousing through a broad package of financial, business and
human development services and other nonfinancial services, including education
to enable them to lead productive lives;
(f) Microfinance — the viable and sustainable provision of a broad range of financial services
to poor and low-income individuals engaged in livelihood and microenterprise

activities. It uses nontraditional and innovative methodologies and approaches,
namely: the extension of small loans, simplified loan application procedures, group
character loans, collateral-free arrangements, cash flow-based lending, alternative
loan repayments, minimum requirements for CBU/minimum balance retention,
and small denominated savers’ instruments aimed to improve their asset base and
expand their access to capital and savings;
(g) Microfinance loans — small loans granted to the basic sectors, as defined in Republic Act
No. 8425, otherwise known as the “Social Reform and Poverty Alleviation Act”, and
other loans; as defined by the government as to their amount, scope, and coverage
that are granted to the poor and low-income individuals for their microenterprises
and small businesses so as to enable them to raise their income levels and improve
their living standards. Microfinance loans are granted on the basis of the borrower’s
cash flow and are typically unsecured;
(h) Microfinance NGO — a nonstock, nonprofit organization duly registered with the Securities
and Exchange Commission (SEC), with the primary purpose of implementing a
microenterprise development strategy and providing microfinance programs,
products, and services, such as microcredit and microsavings, for the poor and low-
income clients;
(i) Microsavings — the program of a Microfinance NGO to collect relatively small amounts of

money from their clients for purposes of maintaining a compensating balance;
(j) Nongovernment organization (NGO) — a nonstock, nonprofit organization duly registered

with the SEC, focusing on the upliftment of the basic or disadvantaged sectors of
society by providing advocacy, training, community organizing, research, access to
resources, and other similar activities, as defined in Republic Act No. 8425, otherwise
known as the “Social Reform and Poverty Alleviation Act”;
(k) Poor — individuals and families whose income fall below the poverty threshold as
defined by the NEDA. Generally, the poor are regarded as those who cannot afford,
in a sustained manner, to provide their minimum basic needs of food, health care,
education, housing and other essential amenities of life as defined by Republic Act
No. 8425, otherwise known as the “Social Reform and Poverty Alleviation Act”;
(l) Social performance — the effective translation of a Microfinance NGO’s mission into
practice; and
(m) Social welfare promotion/purposes — the thrusts, objectives, plans, programs, services

and activities designed to aid and/or ameliorate the living conditions of the poor,
disadvantaged, marginalized, vulnerable and underprivileged individuals and their
families in order to attain improved quality of life and well-being.
SECTION 4. Scope of Application. — This Act shall apply to NGOs with the primary purpose
of implementing a microenterprise development strategy and providing microfinance programs,
products and services for the poor. These shall be referred to as «Microfinance NGOs».
SECTION 5. Core Principles of Microfinance NGOs. — Microfinance NGOs shall conduct its
operations in accordance with the basic principles of microfinance which include, but are not
limited to, the following:
(a) The State recognizes Microfinance NGOs as its effective partners in promoting
social welfare and development and pursuing poverty alleviation and holistic
transformation and acknowledges microfinance as a viable solution to empower
the poor;
(b) The poor shall be given access to appropriate financial services that are convenient,
flexible and reasonably priced including, but not limited to, credit, savings, and
insurance;
(c) Microfinance shall be undertaken on a sustainable basis, where providers shall be able

to recover all of its costs to allow sustainable operation and regular provision of
financial services to the poor;
(d) Microfinance NGOs shall aim to provide both financial and social protection programs
to an increasing number of disadvantaged and for underprivileged people;
(e) Microfinance NGOs shall abide by the Client Protection Principles such as, but not limited
to, appropriate product design and delivery, prevention of over-indebtedness,
promotion of transparency, practice of responsible pricing, fair and respectful
treatment of clients, privacy of client data, and mechanisms for complaint resolution;
(f) Microfinance NGOs shall develop financial, social and governance performance
standards that shall help define and govern the industry toward greater outreach
and sustainability; and
(g) Microfinance NGOs shall develop and provide the appropriate community development
projects and programs to ensure attainment of social welfare and holistic
transformation of the poor.
SECTION 6. Basic Features and Purposes of Microfinance NGOs. — A Microfinance NGO shall
have the following features and purposes:
(a) Provides the poor direct access to reasonable and affordable credit and related
programs and services which shall include, but shall not be limited to, microfinance,
microinsurance, microenterprise development, health care, and microhousing,
subject to existing laws and regulations;
(b) Provides business development opportunities such as leadership training and

entrepreneurial skills enhancement; aScITE
(c) Provides human development services to help the poor achieve a level of sustainability
and empowerment, and adopts measures to promote a spirit of generosity and
selfless giving among individuals and institutions that shall help support programs
directly involved in poverty eradication;
(d) Collects compulsory savings or CBU only from its clients for purposes of maintaining
the compensating balance in relation to the same client’s loan. Acceptance of client
savings for this purpose shall not cause the Microfinance NGO to be deemed engaged
in deposit-taking operations;
A Microfinance NGO shall not, at any time, undertake deposit-taking activities.
For the purpose of implementing this provision, deposit-taking shall not include taking
of funds from current or prospective borrowers for the purpose of equity build-up
of an individual borrower›s own loans. A Microfinance NGO shall be a net lender
at all times, wherein net loans mean total loans minus total equity build-up. The
compensating balance or total CBU should not exceed the total loan portfolio;
(e) Is prohibited from directly engaging in the insurance business. However, a Microfinance
NGO may establish partnerships with authorized microinsurance agents and/or
entities in the furtherance of its social protection objectives;
(f) Charges reasonable interest and collects such necessary fees and charges incidental to
its microfinance operations;
(g) Borrows money or incurs such obligations for the purpose of relending to microfinance
borrowers, subject to existing laws: Provided, That a Microfinance NGO shall not be
deemed as engaged in quasi-banking activities if the proceeds of such borrowings
are exclusively used for relending to microfinance borrowers;
(h) Accepts donations or grants or contributions in accordance with existing laws and
regulations;
(i) Invests its funds in sound, nonspeculative enterprises and instruments, subject to rules
and regulations of the relevant government regulatory agency;
(j) Maintains a transparent and comprehensive management information system; and
(k) Publishes and discloses audited accounts at the end of every financial year.
Nothing in this section shall be construed as precluding a Microfinance NGO from performing
such services or exercising such powers as may be granted by law or as may be necessary or
incidental to its activities as a nonstock, nonprofit NGO.
SECTION 7. Minimum Core Programs and Services. — Microfinance NGOs shall provide at
least any of the following programs, products, or services:
(a) Microcredit and financial literacy programs; and
(b) Microcredit and CBU or microsavings.
SECTION 8. Other Programs and Services. — The following are the other programs and
services that Microfinance NGOs may undertake, subject to existing laws and regulations:
(a) Agricultural microfinance;
(b) Housing microfinance;
(c) Microinsurance, in partnership with authorized microinsurance companies, agents and/

or entities;
(d) Electronic payment system such as mobile or any innovative digital platforms or
channels;
(e) Money transfer and other related remittance services, in partnership with authorized
agents and/or entities; and
(f) Other relevant and/or innovative programs, products and services that address social
welfare purposes and which are not contrary to existing laws and regulations.
SECTION 9. Establishment of the Microfinance NGO Regulatory Council. — The SEC shall
establish an accrediting body to be known as the Microfinance NGO Regulatory Council, herein
referred to as the “Council”. The Council shall be composed of four (4) permanent members and
three (3) members from the Microfinance NGO sector.
The permanent members of the Council shall be composed of the following:
(a) The Chairman of the SEC or designated representative as the Chairperson of the Council;
(b) The Secretary of the Department of Trade and Industry (DTI) or designated representative;
(c) The Secretary of the Department of Finance (DOF) or designated representative; and
(d) The Secretary of the Department of Social Welfare and Development (DSWD) or
designated representative.
The three (3) representatives from the Microfinance NGO sector shall be chosen by at least
majority of the permanent members of the Council from among the nominees of organizations,
associations, and alliances of Microfinance NGOs duly registered with the SEC. They shall serve
for a term of three (3) years.
Once the full membership of the Council is obtained, all members of the Council are entitled
to one (1) vote each in the conduct of its business.
The Council shall be assisted by a secretariat to be lodged in the SEC, which shall coordinate
the activities involved in the accreditation process.
SECTION 10. Accreditation of Microfinance Institutions Registered as Nonstock, Nonprofit

Corporation. — Microfinance NGOs shall be required to obtain accreditation from the Council as a
condition for the availment of the incentives under this Act.
Upon the effectivity of this Act, Microfinance NGOs which are certified by the SEC to have
no derogatory information shall be deemed accredited for one (1) year, unless earlier revoked by
the Council for good cause after review.
SECTION 11. Functions and Responsibilities of the Microfinance NGO Regulatory Council. —

As the accrediting entity, the Council shall have the following functions and responsibilities:
(a) Institute and operationalize a system of accreditation for Microfinance

NGOs: Provided, That the criteria for accreditation shall include sound and measurable
standards of financial performance, social performance and governance, pursuant
to Sections 12 to 16 of this Act;
(b) Issue certificate of accreditation as a Microfinance NGO upon determination that the

criteria set for this purpose have been fully satisfied: Provided, That the certificate
of accreditation shall be valid only for such period as may be prescribed under the
implementing rules and regulations of this Act;
(c) Monitor the performance of Microfinance NGOs to ensure continuing compliance with

the provisions of this Act and its implementing rules and regulations;
(d) Place under probation, suspend or revoke any certificate of accreditation upon
due determination that a Microfinance NGO no longer meets the criteria for
accreditation; HEITAD
(e) Require regular submission of reports by Microfinance NGOs;
(f) Collect reasonable accreditation and monitoring fees from a Microfinance NGO which
shall be used for the accrediting entity’s operational requirements;
(g) Submit an annual report to the President of the Philippines and the concerned
committees of both Houses of Congress; and
(h) Perform such other functions as may be necessary to accomplish the purposes and
objectives of this Act.
SECTION 12. Financial Performance Management. — Microfinance NGOs shall develop

and implement systems, practices, and controls for efficient, effective, and sustainable financial
operations through prudent resource management, asset-liability management, liquidity
management, and financial information management.
SECTION 13. Social Performance Management. — Microfinance NGOs must have an

institutionalized process of translating social mission into practice, which includes setting
clear social goals, monitoring progress towards these objectives and using information to
improve performance and practice. Social performance information must be integrated into
the Microfinance NGO›s work, operational routines, and value system to affect decision-making
practices at both operational and strategic levels.
SECTION 14. Financial Performance Standards. — The Council shall establish a set of
parameters for assessing the financial performance of Microfinance NGOs such as, but not limited
to, portfolio quality, efficiency, sustainability, and outreach.
SECTION 15. Social Performance Standards. — The Council shall establish a set of parameters
for assessing the social performance of Microfinance NGOs such as, but not limited to, their social
objectives; governance and accountability mechanisms; transparency; product design, services
and delivery channels; and ethical treatment of clients.
SECTION 16. Governance Standards. — The Council shall establish the standards and
principles of good corporate governance for Microfinance NGOs such as, but not limited to,
fairness, management responsibility, respect for rights, corporate integrity, loyalty, compliance
with regulations and transparency.
SECTION 17. Initiative of the Concerned Regulatory Authorities to Examine Microfinance

NGOs. — The Bangko Sentral ng Pilipinas and the Insurance Commission may request the
Council to examine the operations of Microfinance NGOs for the purpose of determining that the
Microfinance NGOs are not engaged in unauthorized undertaking or activities which are subject
to their respective jurisdictions. In case of a finding by the Council that an accredited Microfinance
NGO is engaged in an unauthorized undertaking or activities subject to their said respective
regulations, it shall place on probation, suspend or revoke the accreditation of the Microfinance
NGO based on such ground, as may be appropriate under the circumstances.
SECTION 18. Access to Government Programs and Projects. — Duly accredited Microfinance

NGOs shall be given ready access to related programs and projects of the government. Government
agencies and government financial institutions shall develop and make available support
programs for Microfinance NGOs operating in areas and sectors with poverty, or affected by or
vulnerable to natural disaster or armed conflict. Support programs may include the provision of
operational and capacity building grants, low interest loans and guarantee funds.
SECTION 19. Technical Assistance. — Duly accredited Microfinance NGOs are entitled to access
any form of technical assistance from the government, donors and other support organizations
in facilitating the linkage between the poor households/microenterprises and microfinance
institutions, community organizations, and capacity building of the target clientele; social
preparation activities, and those that will lead to the broadening and deepening of microfinance
services such as development of microfinance products, training in microfinance technologies,
and upgrading of performance standards, operating systems and procedures.
SECTION 20. Taxation of Microfinance NGOs. — A duly registered and accredited Microfinance

NGO shall pay a two percent (2%) tax based on its gross receipts from microfinance operations in
lieu of all national taxes:Provided, That preferential tax treatment shall be accorded only to NGOs
whose primary purpose is microfinance and only on their microfinance operations catering to the
poor and low-income individuals in alignment with the main goal of this Act to alleviate poverty.
The non-microfinance activities of Microfinance NGOs shall be subject to all applicable regular
taxes.
Duly registered and accredited Microfinance NGOs, as well as their clients, shall be required
to have a Taxpayer Identification Number (TIN): Provided, That this shall be accomplished within
a reasonable time as prescribed, by the Council: Provided, further, That the relevant government
agencies, in coordination with the Council, shall provide simplified forms and procedures for
securing the TIN.
SECTION 21. Appropriations. — The amount necessary to carry out the initial implementation
of this Act shall be included in the General Appropriations Act.
SECTION 22. Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the SEC, in coordination with the DTI, the DOF, the DSWD and relevant
organizations, shall promulgate, rules and regulations for the implementation of this Act and/or
for the public interest or for the protection of Microfinance NGOs accredited or regulated pursuant
to the authority granted under this Act, including the requirement of cooperation within and
among all Microfinance NGOs and the adoption of appropriate corporate governance principles
and practices.
SECTION 23. Separability Clause. — If, for any reason, any provision or part hereof is declared
invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and
effect.
ATICcS
SECTION 24. Repealing Clause. — All laws, issuances, rules and regulations inconsistent
with any provision of this Act shall be deemed amended, modified, or repealed accordingly.
any newspaper of general circulation.
Approved: November 3, 2015.

||| (Microfinance NGOs Act, Republic Act No. 10693, [November 3, 2015])
March 3, 2016
AN ACT PROMULGATING A COMPREHENSIVE POLICY IN ADDRESSING THE NEEDS OF PERSONS WITH

RARE DISEASE
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the «Rare Diseases Act of the Philippines».
SECTION 2. Declaration of Policy. — It is the policy of the State to protect and promote the
right to health of the people, including the right of persons suffering from rare diseases to survival
and full and healthy development as individuals through access to timely health information and
adequate medical care. In pursuit of such policy, the State shall institutionalize a system that is
comprehensive, integrative and sustainable and will facilitate collaboration among government
and nongovernment agencies and organizations at the national and local levels, private sector,
professional health organizations, academic institutions, communities and families towards the
provision of early and sustainable care of persons afflicted with rare disease. The State recognizes
the crucial role of research in defining health programs and activities to address the needs of
patients with rare disease. The State also recognizes that an effective public education program is
vital in helping ensure the early diagnosis and treatment of rare disorders and in preventing those
afflicted with them from being the subject of ridicule and stigmatization.
SECTION 3. Objectives. — The objectives of this Act are as follows:
(a) Improve the access of patients diagnosed to have a rare disease or patients highly
suspected of having a rare disease to comprehensive medical care, including
drugs and other healthcare products to treat or otherwise, as well as timely health
information to help them cope with their condition by:
(1) Establishing a comprehensive and sustainable healthcare system integrated

within the public healthcare delivery system for early and sustainable care
for patients suffering from rare diseases;
(2) Establishing and maintaining the Rare Disease Registry which shall include data
on rare diseases in the Philippines, patients afflicted with rare diseases, and
orphan drugs and orphan products. This data shall be utilized in formulating
policies, identifying program interventions and designing researches to
address the needs of patients with rare disease;
(3) Integrating public educational and information campaigns in the current

programs of the Department of Health (DOH) to identify persons afflicted
with rare disease and help the public understand the special needs of such
persons; and
(4) Facilitating the regular collaborative activities among stakeholders regarding the

realization of the objectives of this Act.
(b) Provide regulatory and fiscal incentives to support research and development studies
on rare diseases and to facilitate the manufacture and importation of affordable
orphan drugs and orphan products.
ARTICLE II
Definition of Terms
SECTION 4. Definitions. — For the purpose of this Act, the following terms shall be defined
as follows:
(a) Commercial use refers to the selling of orphan drugs at profit.

ATICcS
(b) Healthcare Practitioner refers to any doctor of medicine, dentist, nurse, midwife,
allied health professional and other healthcare professional duly licensed by the
Professional Regulatory Commission. n
(c) Healthcare institutions refer to hospitals, health infirmaries, health centers, lying-in
centers or puericulture centers, whether public or private.
(d) Medical care refers to a comprehensive and professional care that encompasses correct

diagnosis, treatment and prevention of rare diseases.
(e) Medical food refers to special milk formula devoid of offending amino acids, organic
acids or fatty acids, amino acid supplements, essential amino acid mixtures, amino
acid gels or juices, and low protein food products that are part of the regimen for the
medical treatment of patients with inherited metabolic diseases.
(f) Medical specialist refers to a pediatrician for patients zero to eighteen (0-18) years old
or adult physician for above eighteen (18) years old adequately trained by experts
in the field of inherited metabolic diseases to diagnose and treat patients with rare
diseases.
(g) National Comprehensive Newborn Screening System refers to the Newborn Screening
(NBS) system established in Republic Act No. 9288 that includes, but is not limited
to: (i) education of relevant stakeholders; (ii) collection, transport, biochemical
screening, and reporting on result of blood samples taken from newborns; (iii)
tracking and confirmatory testing to ensure the accuracy of screening results; (iv)
clinical evaluation and biochemistry/medical confirmation of follow-up results; (v)

administration of drugs and/or medical and surgical management and/or dietary
supplementation to counter adverse effects of the heritable conditions; and (vi)
monitoring and evaluation of the National Comprehensive Newborn Screening
System.
(h) Newborn screening continuity clinic refers to an ambulatory clinic based in a secondary

or tertiary hospital identified by the DOH to be part of the National Comprehensive
Newborn Screening System Treatment Network. It is equipped to facilitate continuity
of care of patients confirmed with conditions included in the expanded newborn
screening in its area of coverage.
(i) Orphan drug refers to any drug or medicine used to treat or alleviate the symptoms
of persons afflicted with a rare disease and declared as such by the DOH upon
recommendation of the National Institutes of Health (NIH).
(j) Orphan product refers to any healthcare or nutritional product, other than a drug or
medicine, including, but not limited to, diagnostic kits, medical devices and
biological products, used to prevent, diagnose, or treat rare diseases and declared
as such by the DOH upon recommendation of the NIH.
(k) Rare disease refers to disorders such as inherited metabolic disorders and other diseases
with similar rare occurrence as recognized by the DOH upon recommendation of
the NIH but excluding catastrophic (i.e., life threatening, seriously debilitating, or
serious and chronic) forms of more frequently occurring diseases.
(l) Rare Disease Management Program refers to a comprehensive management program

encompassing the diagnosis, clinical management, genetic counseling and drug
research development for people with rare diseases.
(m) Rare Disease Registry refers to the secure health information system, including the
electronic database system, relating to data on rare diseases, persons with rare
disease, and orphan drugs and orphan products.
(n) Rare Diseases Technical Working Group (RDTWG) refers to the DOH designated pool
of experts on rare diseases, which shall include experts from the NIH, tasked with
identifying rare diseases, orphan drugs and orphan products.
(o) Telegenetics Referral System refers to telehealth using a computer network system that

provides remote genetic clinical consultations to physicians in the provinces for
their patients.
TIADCc
ARTICLE III
Identification, Referral, Management and

Registration of Persons with Rare Disease
SECTION 5. Identification of Persons with Rare Disease. — The DOH, in coordination with the
NIH, shall create a Rare Disease Registry. It shall endeavor to comply with set global standards, if
applicable. All patients diagnosed with rare disease shall be included in this registry.
SECTION 6. Referral of Patients with Rare Disease. — Patients highly suspected of, or
diagnosed with, rare disease shall be referred to a newborn screening continuity clinic identified
by the DOH as referral centers for treatment of rare diseases under the National Comprehensive
Newborn Screening System. For patients from remote areas, the Telegenetics Referral System will
be utilized.
SECTION 7. Availability of Specialist for the Management of Persons with Rare Disease. — The
DOH, with the assistance of the NIH, shall develop a system to train a sufficient number of medical
specialists to diagnose and manage persons with rare disease.
SECTION 8. Management of Persons with Rare Disease. — The DOH, with the assistance of
the NIH, shall provide persons with rare disease better access to a support system through the
creation of a Rare Disease Management Program under the National Center for Disease Prevention
and Control of the DOH.
SECTION 9. Registration of Persons with Rare Disease. — All healthcare practitioners and
health institutions shall be required to report to the Rare Disease Registry diagnosed cases of rare
disease and provide reports on the status of patients: Provided, That such reports shall be subject
to guidelines issued by the NIH to protect the privacy of patients with rare disease.
ARTICLE IV
Persons with Rare Disease as Persons with Disabilities (PWDs)
SECTION 10. Designation of Persons with Rare Disease as Persons with Disabilities (PWDs). —
Persons with rare disease shall be considered as persons with disabilities (PWDs), in accordance
with Republic Act No. 7277, as amended, or the Magna Carta for Disabled Persons.
SECTION 11. Rights and Privileges of Persons with Rare Disease. — The appropriate national
government agency shall ensure that they are accorded the same rights and privileges as PWDs,
to wit:
(a) The Department of Social Welfare and Development (DSWD) shall provide assistance to
persons with rare disease to ensure that their social welfare and benefits provided under Republic
Act No. 7277, as amended, or the Magna Carta for Disabled Persons, are granted; and
(b) The Department of Labor and Employment (DOLE) shall adopt programs that promote
the availability of opportunities for work and employment of able-persons with rare disease.
ARTICLE V
Designation of Rare Disease, Orphan Drug, and Orphan Product Status
SECTION 12. The Rare Disease Technical Working Group (RDTWG). — The DOH shall convene
the RDTWG which shall have the following roles and responsibilities:

(a) Determine what disorder or disease shall be considered as a rare disease, and what are
the orphan drugs and orphan products, and update the list periodically;
(b) Formulate policies that shall regulate the approval and certification of orphan drugs
and orphan products; and
(c) Establish a system to ensure the regular updating of information, diagnosis and
treatment of rare diseases in order to provide for the comprehensive healthcare of
these patients.
SECTION 13. Designation of Rare Disease. — The DOH, upon recommendation of the RDTWG,
shall have the authority to designate any disease that is recognized to rarely afflict the population
of the country as a rare disease.
SECTION 14. Designation of Orphan Drug. — The DOH, motu proprio or upon application by

any interested person, and with the recommendation of the RDTWG, may designate any drug or
medicine indicated for use by patients afflicted with any of the rare diseases as an orphan drug.
Within one hundred twenty (120) days from the effectivity of this Act, the DOH shall publish a list
of orphan drugs for these rare diseases.
SECTION 15. Designation of Orphan Product. — The DOH, motu proprio or upon application

by any interested person, and with the recommendation of the RDTWG, may designate any
healthcare or nutritional product, other than a drug or medicine, including, but not limited to,
diagnostic kits, medical devices and biological products, used primarily to prevent, diagnose, or
alleviate the symptoms of rare diseases as an orphan product. Within one hundred twenty (120)
days from the effectivity of this Act, the DOH shall publish a list of orphan products for these rare
diseases. AIDSTE
SECTION 16. Permit for Restricted Use of an Orphan Drug/Orphan Product. — Any person
may import any orphan drug/orphan product for compassionate use: Provided, That they secure
a compassionate special permit from the Food and Drug Administration (FDA) in accordance with
DOH Administrative Order No. 4, series of 1992, and any future guidelines that may be issued on
the same.
Within thirty (30) days from receipt of the requirements, the FDA shall issue a permit for
restricted use of an orphan drug/orphan product which shall be effective for a period of three (3)
years, renewable for a period of three (3) years thereafter: Provided, That the FDA shall expedite
the said permit in cases of emergency.
ARTICLE VI
Implementation
SECTION 17. Lead Agency. — The DOH shall be the lead agency in the implementation of
this Act. For purposes of achieving the objectives of this Act, the DOH shall:
(a) Establish the RDTWG as defined in Section 4 (n);
(b) Coordinate with the NIH for the technical assistance in the implementation of this Act;
(c) Coordinate with all government and nongovernment agencies that are involved in the
implementation of this Act;
(d) Support the activities of the newborn screening continuity clinics and designate referral
centers in strategic locations in the country for the timely and sustainable medical
management of persons with rare disease;
(e) Organize a pool of medical specialists who will be responsible in the diagnosis and
management of persons afflicted with rare disease and their families;
(f) With the assistance of the NIH and other government agencies, professional societies
and nongovernment organizations, conduct culturally sensitive public educational
and information campaigns on the nature of rare diseases, identify persons with
rare disease and help the general public understand the special needs of afflicted
persons and their right against ridicule and discrimination;
(g) Develop the implementing rules and regulations for the implementation of this Act
within one hundred eighty (180) days from the enactment of this Act; and
(h) Allot budget for the implementation of this Act.
SECTION 18. Other Implementing Agencies. — The FDA, NIH, Department of the Interior and
Local Government (DILG), Department of Education (DepEd), DSWD, DOLE, Department of Science
and Technology (DOST), and other relevant government agencies shall have the following tasks:
(a) FDA shall ensure that medical foods, orphan drugs and orphan products are permitted
in the country for purposes of treating rare diseases and shall develop a system that
addresses emergency cases, as they may arise;
(b) NIH shall provide technical assistance to the DOH in the implementation of this Act;
(c) DILG, DepEd, DSWD and DOLE shall ensure that persons with rare disease are given the
opportunity to be productive members of society and that they are given the same
rights and benefits as PWDs;
(d) DOST shall provide mechanisms to further research for a better understanding of rare
diseases in the country and develop low cost medical foods and orphan products for
the patients; and
(e) All other relevant government agencies shall assist in the full implementation of this
Act.
SECTION 19. Obligation of Healthcare Practitioners. — A healthcare practitioner who attends

to a person with rare disease has the responsibility of informing the patient and their family of
available resources and refer them to the nearest available specialist.
SECTION 20. Continuing Education and Training of Health Personnel. — The DOH and the
NIH, together with health professional societies and academic healthcare institutions, shall:
(a) Conduct continuing education, information, and training programs for healthcare
practitioners on the identification and referral of persons with rare disease for
medical management; and
(b) Educate healthcare practitioners on the importance of reporting cases to the Rare
Disease Registry.
ARTICLE VII
Resource Generation and Fiscal Incentives
SECTION 21. Financial Assistance for Persons with Rare Disease. — A person with rare disease
may avail of the following:
AaCTcI
(a) Basic benefit package from the Philippine Health Insurance Corporation, which shall be
provided in accordance with its guidelines; and
(b) Medical assistance as provided in Section 8 of Republic Act No. 10351 or the Sin Tax
Reform Act of 2012.
SECTION 22. Fiscal Incentives. — The following shall be exempted from all taxes and customs
duties, as applicable, whether national or local:
(a) Donations intended for researches on rare diseases, maintenance of the Rare Disease
Registry, or for purchase of orphan drugs or orphan products for use solely by
patients with rare diseases; and
(b) Orphan drugs and orphan products for use solely by patients with rare diseases, as
certified by the FDA.
ARTICLE VIII
Final Provisions
SECTION 23. Implementing Rules and Regulations (IRR). — Within one hundred eighty (180)
days from the effectivity of this Act, the DOH, in consultation with the NIH, shall issue the IRR of
this Act.
SECTION 24. Repealing Clause. — All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any part or parts thereof, which are inconsistent
with this Act are hereby repealed or modified accordingly.
SECTION 25. Separability Clause. — If, for any reason or reasons, any part or provision of
this Act shall be declared or held to be unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
at least two (2) newspapers of general circulation.
Approved: March 3, 2016.
Published in The Philippine Star on March 3, 2016.

nNote from the Publisher: Copied verbatim from the official copy. “Regulatory” should read as “Regulation”.
||| (Rare Diseases Act of the Philippines, Republic Act No. 10747, [March 3, 2016])
April 3, 1992
AN ACT CREATING THE PHILIPPINE POSTAL CORPORATION, DEFINING ITS POWERS, FUNCTIONS AND
RESPONSIBILITIES, PROVIDING FOR REGULATION OF THE INDUSTRY AND FOR OTHER PURPOSES
CONNECTED THEREWITH
ARTICLE I
Title, Policy, and Definitions
SECTION 1. Title. — This Act shall be known as the “Postal Service Act of 1992”.
SECTION 2. Definitions. — As used in this Act:
a) “Corporation” shall refer to the Philippine Postal Corporation as provided for in
this Act.
b) “Letter” shall refer to a message in writing, which may be in any language or in
code, contained in a sealed or unsealed envelope or not in an envelope at all,
of such physical dimensions and weights allowed by the Corporation or the
Government, and intended for delivery to a person or entity displayed legibly
on one of its faces.
c) “Mail” or “mail matters” shall refer to all matters authorized by the Government
to be delivered through the postal service and shall include letters, parcels,
printed materials, and money orders. cdtai
d) “Obligations” refer to all financial liabilities of the Corporation which are

evidenced by promissory notes, bonds, debentures, mortgages or any other
form of indebtedness.
e) “Parcel” means a rectangular box, the dimension and weight of which is as
specified by the Corporation or the Government containing goods or some
form of transportable property intended for delivery to an addressee
prominently displayed on at least one (1) of its sides.
f) “Printed matter” means the reproduction upon paper, by any process except that
of handwriting or typewriting, of any words, letters, characters, figures or
images, or any combination thereof, not having the character of an actual and
personal correspondence.
SECTION 3. Policy and Objectives. — The delivery of letters, parcels and other mail letters
is a basic and strategic public utility which the State shall provide, directly and indirectly
through, and/or with other duly authorized entities or persons. Accordingly, the collection,
sorting, storage, transporting, and delivery thereof shall be done with utmost dispatch in the
most economical, reliable and secure manner that available technology will permit. cda
The State shall pursue the following objectives of a nationwide postal system:
a) to enable the economical and speedy transfer of mail and other postal
matters, from sender to addressee, with full recognition of their privacy or
confidentiality;
b) to promote international interchange, cooperation and understanding through
the unhampered flow or exchange of postal matters between nations;
c) to cause or effect a wide range of postal services to cater to different users and
changing needs, including but not limited to, philately, transfer of monies and
valuables, and the like;
d) to ensure the sufficient revenues are generated by and within the industry to
finance the overall cost of providing the varied range of postal delivery and
messengerial services as well as the expansion and continuous upgrading of
service standards by the same.
ARTICLE II
Creation, Powers and Responsibilities of the Philippine Postal Corporation
SECTION 4. Creation. — There is hereby created a corporate body to be known as the
Philippine Postal Corporation, hereafter referred to as the Corporation, which shall be attached
to the Department of Transportation and Communications for purposes of policy coordination.
SECTION 5. Responsibilities and Functions. — The Corporation shall have the following
functions and responsibilities;
cdasia
a) to provide for the collection, handling, transportation, delivery, forwarding,

returning and holding of mails, parcels, and like materials, throughout the
Philippines, and, pursuant to agreements entered into, to and from foreign
countries;
b) to determine and dispose of, in a manner it deems most advantageous, with
law and settled jurisprudence, confiscated or non-mailable mail matters,
prohibited articles, dead letters and undelivered mails, except the sale of
prohibited drugs, dangerous materials, and other banned articles as defined
by law;
c) to plan, develop, promote, and operate a nationwide postal system with a
network that extends or makes available, at least ordinary mail service, to any
settlements in the country.
SECTION 6. Powers. — To achieve its objectives and undertake its functions effectively, the
Corporation shall have the following powers;
a) to charge fees for postal services to be rendered, receipt the same, and prescribe
the manner it is to be paid and collected, subject to the provisions of this Act;
b) to establish and maintain post offices, postal stations, collection points and
related facilities and equipment of such character and in such locations that
postal users throughout the Philippines will, consistent with reasonable
economies of operations, have already access to essential postal services.
c) to issue and sell postage stamps and other stamped paper, cards, and envelopes
as it may deem necessary or desirable;
d) to issue money orders or checks for transmittal through the mails and authorize
the issuance of a replacement in cases of lost, stolen, stale, or destroyed
money order or check;
e) to offer a wide array of postal services other than ordinary mail and parcels, which,
however, shall not be compulsory, discriminatory nor unfairly competing
with similar private enterprises, such as money order, parcel post, postal
savings bank, philatelic, and other types of services which are internationally
accepted as part of postal business; cd
f) to adopt and promulgate such rules and regulations as would improve the postal
system or implement the provisions of this Act.
SECTION 7. Corporate Powers. — The Corporation shall have all corporate powers defined
under the Corporation Code, such as, but not limited to the following:
a) to sue and be sued in its official name;
b) to enter into and perform contracts, execute instruments, and determine the
character of, and necessity for, its expenditures.
c) to determine and keep its own system of accounts following generally accepted
principles of accounting, as well as the forms and contents of its contracts and
other business documents;
d) to acquire, in any lawful manner, such personal or real property; or any interest
therein, as it deems necessary or convenient in the transaction of its business;
to hold, maintain, sell, lease, or otherwise dispose of such property or any
interest therein, and to provide services in connection therewith and charges
therefor;
e) to construct, operate, lease, and maintain buildings, facilities, equipment, and
other improvements on any property owned, controlled or leased by it;
f) to accept gifts, donations, bequests, services, or properties, real or personal, as it
deems necessary or convenient in the transaction of its business;
g) to settle, under such terms and conditions or amounts most advantageous to it,
any claim by or against it; acd
h) to adopt and use a corporate seal;

i) to exercise all other corporate powers incidental, necessary, or appropriate to its
postal business.
SECTION 8. Board of Directors. — The powers of the Corporation shall be vested in and
exercised by a Board of Directors of seven (7) members to be elected by the shareholders
of record at the annual business meeting of the Corporation. Initially and to organize the
Corporation, the President shall appoint all the members, with the Postmaster General as one
of the members to represent the government shareholdings. When the private shareholdings
become sufficient to elect at least one (1) Director, the appointment or election of directors
shall be done in accordance with the Corporation Law with the Secretary of Transportation and
Communications exercising the right to vote the government shares of stocks. The Board shall
elect a chairman from among its members.
The members of the Board so appointed by the President shall hold office for a term of
five (5) years each, except of those first appointed, two (2) members shall have a term of five (5)
years, two (2) with three (3) years, and two (2) with one (1) year. Thereafter, the appointment
shall be in accordance with the Corporation Law.
The Board shall meet regularly once a month and may hold special meetings to consider
urgent matters upon call of the Chairman or any three (3) members. A majority shall constitute
a quorum to transact business, and the vote of at least a majority of the members present at a
meeting at which there is a quorum shall be valid as a corporate act. cd i
The members of the Board, except the Postmaster General or his alternate, shall receive
for every meeting actually attended a per diem not exceeding the lowest monthly pay of a
regular postal employee, but in no case with the total amount received in any one (1) month
by each member exceed four times (4x) the per diem per meeting. Members of the Board shall
be reimbursed by the Corporation for actual expense, including travelling and subsistence
expenses, incurred by them in the performance of their duties.
No member of the Board shall have financial or pecuniary interest, directly or indirectly,
in any business contract or transaction entered into by the Corporation or in any privilege
granted by it. Neither shall a member have any interest, financial or otherwise, in any
undertaking or business with an inherent conflict of interest with the Corporation.
ARTICLE III
Capital and Fiscal Administration
SECTION 9. Capitalization. — The Corporation shall have an authorized capital stocks
of Ten billion pesos (P10,000,000,000.00) divided into forty-five (45) million Class “A” shares
and fifty-five (55) million Class “B” shares, each voting and with a par value of One hundred
pesos (P100.00). The Class “A” shares shall be fully subscribed by the Government or any of its
instrumentalities, and may only be owned, sold to, bought or held by a government entity. The
Class “B” shares may be owned by private entities and sold through tenders, public offerings,
or the stock market, at such time, price or numbers as may be authorized by the Board in
accordance with the Corporation Law.

The subscriptions of the National Government in Class “A” shares shall be paid as
follows: cdt
a) the unexpended balances of appropriations in the current General Appropriations

Act, Executive Order No. 132 and other acts in force upon approval hereof,
pertaining to, held or used by, or available to the former Bureau of Posts, and
its successor Postal Services Office, of the Department of Transportation and
Communications;
b) the values of all the existing assets of the Bureau of Posts and its successor office,
the Postal Services Office, and the various postal facilities throughout the
country owned by it, to be determined by an independent appraiser within a
year of the effectivity of this Act;
c) any surplus income that may be derived from or accrued to the Corporation upon
is organization into a corporate body and its assumption of the assets and
liabilities of the Postal Services Office; and
d) such amount as may be appropriated from time to time from the funds of the
National Treasury not otherwise appropriated, including any outlay from the
infrastructure Program of the National Government.
SECTION 10. Source of Funds. — The following shall constitute the sources of funds against
which the operating expenses of the Corporation may be drawn;
a) all revenues from postal and allied services operated or rendered by the
Corporation, including remittances from foreign postal administrations;
b) proceeds of grants, donations, disposal of assets and sale of non-mailable or
confiscated mail matters, loans and other form of indebtedness entered into
by the Corporation;
c) interest which may be earned on investments or on idle cash of the Corporation; cdt
d) drawings upon the capital or surplus of the Corporation.
SECTION 11. Management of Funds. — The Corporation may, from time to time, invest
any of its funds not immediately required to be expended in meeting its obligations or in the
discharge of its functions, in such secured notes, government securities, and other negotiable
instruments that satisfy the guidelines prescribed by the Board.
All funds of the Corporation shall be deposited in such commercial and universal banks as
may be accredited by the National Treasurer as depository of government funds. The board shall
designate the official signatories of the Corporation with regards to the deposit or withdrawal of
the Corporation’s monies in such banks.
SECTION 12. Obligations. — The Corporation is authorized to secure or contract domestic
or foreign loans, credits and other indebtedness, and to issue bonds, notes, debentures,
securities and other instruments of indebtedness as it may deem necessary to carry out the
purposes of this Act, provided that;
a) the outstanding liabilities and obligations, foreign and domestic, shall not exceed,
at any time, fifty percent (50%) of its net worth;
b) the foreign indebtedness can only be contracted with the concurrence of the
Department of Finance, or under such terms and conditions established by
the Central Bank.
c) the annual amortizations on principal and interest shall not be more than twenty
percent (20%) of the prior year’s gross revenues; cdtai
d) where appropriate, obligations incurred from private sources of capital may be

secured by suitable assets or backed by priority claims against property of the
Corporation.
e) the obligations shall be considered the sole liability of the Corporation, unless
otherwise guaranteed by the Republic of the Philippines through the
Secretary of Finance.
f) issuance of bonds or long term notes shall be with prior approval of or in
accordance with the rules issued by the National Treasurer.
SECTION 13. Annual Budget. — The Corporation shall, every year, prepare and adopt
estimates of income and expenditures and capital budget of the Corporation for the ensuing
year. Unless the Corporation shall require subsidy and/or a guarantee of its liability from the
National Treasury, its budget for the year need not to be submitted to Congress for approval and
inclusion in the General Appropriations Act.
Supplementary estimates may be prepared and adopted at any of the Board meeting
called for that purpose.
SECTION 14. Exemption from Taxes, Customs, and Tariff Duties. — The importation of
equipment, machineries, spare parts, accessories, and other materials, including supplies and
services used directly in the operations of the Postal System, not obtainable locally on favorable
terms, shall be exempt from all direct and indirect taxes, customs duties, fees, imports, tariff
duties, compensating taxes, wharfage fees and other charges and restrictions, the provisions of
existing laws to the contrary notwithstanding.
All obligations entered into by the Corporation and any income derived therefrom,
including those contracted with private international banking and financial institutions, shall be
exempt from all taxes on both principal and interest. cdtai
The Corporation is also exempt from the payment of capital gains tax, local government
imposts and fees after December 31, 1997; Provided, That it may offset the full value of the
capital investments not otherwise funded by the National Government against any income tax
due for the same period.
SECTION 15. Annual Accounts. — The Corporation shall maintain such accounts and
other records under a commercial system of accounting on a calendar year basis. The Board
shall cause the publication of the Corporation’s annual statement of income and expenditures,
including its balance sheet at the end of the reporting period.
The audited annual statement of accounts of the Corporation shall present a true and fair
value of the financial position of the Corporation and of the results of the operations during the
year to which it relates.
For completeness of postal statistics, the Corporation shall likewise record the quantity
of official business mails, and the equivalent revenues foregone had the corresponding postage
been collected thereto. This shall include “franked mail”, or mail matter transmitted without
payment or postage under the autographic or facsimile signature of officials to whom this
privilege is extended by law, and under such rules promulgated by the Corporation to prevent
the unauthorized use thereof.
SECTION 16. Auditor. — In consonance with existing laws and regulations, the Commission
on Audit shall appoint and assign such personnel as may be necessary to audit the accounts
of the Corporation. However, the Board may engage the services of any person or firm duly
authorized by law for the audit of accounts of the Corporation for purposes of complying with its
international contractual commitments or with the requirements of holders of Class “B” shares.
The Board shall determine the remuneration, compensation or reimbursement of
expenses that may be reasonable and appropriate under the circumstances, for either or both of
the internal and external Auditors mentioned above. cd i
SECTION 17. Auditor’s Report. — The auditor shall as soon as practicable, but not later
than three (3) months after the accounts have been submitted for audit, send an annual report
to the Board. The Auditor may also submit such periodical or special reports to the Board as may
appear to him necessary, or as requested by the Board.
SECTION 18. Annual Report. — The Board shall submit to the appropriate regulatory
agencies, as identified in Article V of this Act, and to both Houses of Congress, together with
the Auditor’s Report on the relevant accounts, an annual report generally dealing with the
activities and operations of the Corporation during the preceding year, and containing such
other information as may be relevant in assessing its overall corporate performance, particularly
statistics about the mails, parcels, and mail matters handled or processed by it, and indicators
of productivity relating output with the resources used.
ARTICLE IV
Management and Personnel
SECTION 19. Delegation of Authority. — Except for those powers, functions, or duties
specifically vested in the Board, the Board may delegate the authority vested in it to the
Postmaster General under such terms, conditions and limitations as it may prescribe. The
Board may establish committees, with such authority as the Board determines appropriate to
carry out its functions and duties. Any power delegated herein shall not relieve the Board of
full responsibility for the performance of its duties and functions, and shall be revocable by the
Board in its exclusive judgment. acd
SECTION 20. Executive Officers. — The Corporation shall be managed by a Postmaster

General who shall be assisted by as many Assistant Postmaster Generals as the Board may
deem necessary for postal efficiency. They shall be natural-born citizens of the Philippines,
at least thirty five (35) years old, holders of a college degree, of good moral character and
proven executive ability and competence. Initially and until such time that issued Class “A”
shares do not fall below sixty percent (60%) of the total voting stocks, the Postmaster General
shall be appointed by the President; thereafter, the appointment shall be in accordance with
the Corporation Law. At least a majority of the Assistant Postmaster Generals must be career
postal officials who shall be appointed, and may be removed for cause by the Board, upon
recommendation of the Postmaster General.
The yearly total monetary compensation, including salary, bonuses, and allowances
of the Postmaster General and each Assistant Postmaster General, shall be set by the
Board: Provided, That, in the case of the Postmaster General, it shall not exceed twenty times
(20x) the lowest annual salary of a regular employee of the Corporation; and in the case of
the Assistant Postmaster General, his annual total monetary compensation shall not exceed
eighteen times (18x) the lowest annual salary of a regular postal employee in the Corporation.
SECTION 21. Powers and Functions of the Postmaster General. — As the Chief Executive
Officer, the Postmaster General shall have the following powers and functions:

a) to represent the Corporation in all dealings with other offices, agencies, and
instrumentalities of the Government and with all other persons and entities,
whether public or private, domestic, foreign or international;
b) to sign for and on behalf of the Corporation contracts and debt instruments
authorized and approved by the Board; cdasia
c) subject to the approval of the Board, to determine the stalling pattern and the
number of personnel, define their duties and responsibilities, and fix their
salaries and emoluments in accordance with the approved compensation
structure of the Corporation;
d) to appoint, promote, assign, reassign, transfer and remove personnel below the
ranks of Assistant Postmaster General: Provided, That in the case of removal of
officials and employees, the same may be appealed to the Board;
e) to delegate any of his powers, duties or functions to any official of the Corporation,
subject to the approval of the Board;
f) to perform such other functions and duties as the Board may direct.
SECTION 22. Merit System. — The Corporation shall establish a human resources

management system which shall govern the selection, hiring, appointment, transfer, promotion,
or dismissal of all personnel. Such system shall aim to establish professionalism and excellence
at all levels of the postal organization in accordance with sound principles of management.
A progressive compensation structure, which shall be based on job evaluation studies and
wage surveys and subject to the Board’s approval, shall be instituted as an integral component
of the Corporation’s human resources development program. The Corporation, however, may
grant across-the-board salary increase or modify its compensation structure as to result in
higher salaries, subject to either of the following conditions:
a) there are evidences of prior improvement in employee productivity, measured
by such quantitative indicators as mail volume per employee and delivery
times. cd
b) a law raising the minimum wage has been enacted with application to all
government employees or has the effect of classifying some positions in the
postal service as below the floor wage.
SECTION 23. Applicability of Civil Service Law. — All permanent officers and employees
of the Corporation below the rank of Assistant Postmaster General shall be subject to the
Civil Service law, rules and regulations so long as the Corporation is majority-owned by the
Government. The hiring of temporary workers or casuals to meet peak or seasonal volume or
mail matters shall be exempt from the provision of this Section.
SECTION 24. Prohibition of Strikes, Work Stoppages and Slowdowns. — In view of the vital
nature or postal services and its effect on national interests, the officers and employees of the
Corporation are prohibited from conducting strikes, work slowdowns or stoppages, and such
other acts that may disrupt the timely delivery of mail matters.
Nothing in this provision shall prevent such officers and employees from forming a union
or employee association in accordance with Civil Service rules and regulations and for the
purpose of securing changes or improvements in the terms and conditions of their employment.
SECTION 25. Exemption from Rules and Regulations of the Compensation and Position
Classification Office. — All personnel and positions of the Corporation shall be governed by
Section 22 hereof, and as such shall be exempt from the coverage of the rules and regulations
of the Compensation and Position Classification Office. The Corporation, however, shall see to
it that its own system conforms as closely as possible with that provided for under Republic Act
No. 6758. cdt
ARTICLE V
Regulation of the Postal Delivery Services Industry
SECTION 26. The Regulatory Authority. — The exclusive power and authority to regulate
the postal delivery services industry or those engaged in domestic postal commerce, as provided
for under Presidential Decree No. 240, shall be vested with the Department of Transportation
and Communications (DOTC), and may be delegated by the DOTC Secretary to the National
Telecommunications Commission. The regulatory authority shall have the responsibility of
investigating and prosecuting postal offenses of postal service establishments, whether civil or
criminal, and instituting necessary action or proceedings. Nothing in this Section shall prevent
or limit the Corporation’s authority to investigate, prosecute or penalize offenses committed by
its employees.
SECTION 27. Registration of the Postal Service Establishments. — The regulatory authority
shall:
a) register and prequalify any person, natural or juridical, other than freight
forwarders, who engage in the business of letter and parcel messengerial
services, door-to-door delivery, or the transporting of the property of others
that are similar to mail or parcel.
b) upon petition and public hearing, approve the rate to be charged by the
Corporation for ordinary mail.
SECTION 28. Postal Offenses. — The Regulatory Authority shall exercise the following
powers if, in its judgment, postal laws have been, are being, or about to be violated: cdasia
a) to conduct, directly or with the Corporation, and with the assistance of law
enforcers, searches of any vehicle, vessel or aircraft for stolen mail matter
or any mail matter being transported in violation of law, whenever there is
reasonable ground to believe that such prohibited mail matter is contained
therein;
b) to issue search warrants, under the same conditions prescribed for judicial
officers, authorizing the search of any place not used as a dwelling for any
stolen mail matter;
c) with the help of law enforcers, and through his duly authorized representatives, to
make arrest and seizure for violation of any postal law;
d) to offer and pay rewards for information and services in connection with
violations of the postal laws.
ARTICLE VI
Transitory Provisions
SECTION 29. Abolition of the Postal Services Office. — The Postal Services Office under the
Department of Transportation and Communications, is hereby abolished. All powers and duties,
rights and choses of actions, vested by law or exercised by the Postal Services Office and its
predecessor Bureau of Posts, are hereby transferred to the Corporation.
All real and personal properties which upon the effectivity of this Act are vested in, or
owned by, the Postal Services Office are transferred to the Corporation without the need of
conveyance, transfer or assignment. Likewise, all funds, revenues and properties owned by
the defunct Postal Savings Bank, which are not administered by the Philippine National Bank,
are transferred to the Corporation, provisions of Presidential Decree No. 241notwithstanding.
The Philippine National Bank is hereby directed to transfer and turn-over to the Corporation
all funds, revenues, and properties of the defunct Postal Savings Bank administered by it, after
deducting any liability with such assets.
cd i
All contracts, records, and documents relating to the operation of the Postal Services
Office and its postal field offices are hereby transferred to the Corporation.
To ensure smooth transition into a corporate structure, the incumbent Assistant Secretary
for Postal Services shall continue to hold office and assume the powers and functions of the
Postmaster General under Section 21 hereof until his successor shall have been duly appointed
and inducted into office. Officials and employees of the Postal Services Office shall be absorbed
into the Corporation on the basis of merit and fitness: Provided, That officers and employees
who shall be laid-off during the first two (2) years of the effectivity of this Act and as a result
of the organization of the Corporation, shall be entitled to gratuity at the rate equivalent to
one and one-fourth (1 ¼) month’s salary for every year of continued and satisfactory service
rendered or the equivalent nearest fraction thereof favorable to them on the basis of the highest
salary received, in addition to the retirement benefits or pensions under existing retirement law.
Retirement gratuities of officials and employees who shall not be retained by the Corporation
shall be for the account of and reimbursed by the National Government.
Any of such officers and employees who may later be reinstated in the Corporation, or
who is rehired in any government office or instrumentality, shall refund the unearned portion of
gratuity received from the Corporation before he shall be reinstated or rehired. cd i
SECTION 30. Appropriations. — To provide for any extraordinary expenses of the

Corporation upon its organization, unavailed portion of the excess of actual operating income
over the estimated expenses of the Postal Service Office, if any, at the time of the passage of this
Act is hereby appropriated for purposes that the Board may approve. This shall be considered as
part of the paid-up capital under paragraph (c) of Section 9 hereof.
For the purpose of funding the gratuity mentioned in Section 29 hereof, the amount of
Three hundred million pesos (P300,000,000.00), inclusive of the amount referred to above, is
hereby appropriated out of any funds available and not otherwise appropriated in the National
Treasury.
SECTION 31. Savings Clause. — All orders, determinations, rules, regulations, permits,
certificates, licenses and privileges which have been issued, made, granted or allowed to
become effective by the former Postal Services Office or its predecessor, shall continue to be in
effect according to their terms until modified, terminated, superseded, set aside, or repealed.
No suit, action or other proceeding commenced by of against any officer in his official
capacity as an officer of any division or agency of the former Postal Services Office (Bureau
of Posts), the functions of which are transferred by this Act to the Corporation, shall abate by
reason of this Act. In like manner, no cause of action by or against such division or agency or
by or against any officer thereof in his official capacity shall abate by reason of the enactment
of this Act. Causes of actions, suits, or other proceedings may be asserted or against the
Corporation or such official of the Corporation as may be appropriate. cd
ARTICLE VII
Miscellaneous Provisions
SECTION 32. Relationships with Other Institutions. — a) In the event the Corporation
decides to reactivate or reopen the Postal Savings Bank after ascertaining its financial viability
and in response to public clamor, it shall operate such services without, as much as practicable,
unduly competing with rural, commercial, or universal banks. The Corporation shall utilize the
facilities of such banks whenever convenient and economical, under such terms and conditions
as may be agreed between the parties concerned.
b) The Corporation shall establish a working arrangement with the Bureau of Customs
to facilitate the inspection, release or delivery of foreign parcels and mail matter which may be
liable for customs taxes and other import charges. It may organize a special unit or designate
specific postal branches for handling such mail matters. In lieu of assigning its own personnel,
the Bureau of Customs may appoint the Corporation or delegate its customs and collection
powers thereto, subject to some mutually agreed upon terms and conditions, including the
reimbursements of cost to the Corporation or the payment for services based on percentage of
the amount of tax collected.
c) Any local government unit may enter into contract with the Corporation for the
use of the former’s building, facilities, or land, either gratis or for a consideration, or for the
management and operation by the local government unit of a post office or postal branch in its
territory.
SECTION 33. Limited Liability. — Unless otherwise declared and mutually agreed upon at
the time of posting, the liability of the Corporation with respect to its contractual obligations
to deliver mail matters shall be limited to that amounts or values provided for by the Universal
Postal Union and by international or bilateral agreements to which the Philippines is a
signatory. cdtai
SECTION 34. Separability Clause. — If for any reason, any section or provisions of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof, which are not
affected thereby, shall continue in full force and effect.
SECTION 35. Repealing Clause. — All acts, decrees, orders, executive orders, instructions,
rules and regulations or parts thereof inconsistent with the provisions of this Act are repealed or
modified accordingly.
All franking privileges authorized by law are hereby repealed, except those provided for
under Commonwealth Act No. 265, Republic Acts Numbered 69, 180, 1414, 2087, and 5059. The
Corporation may continue the franking privilege under Circular No. 35 dated October 24, 1977
and that of the Vice President, under such arrangements and conditions as may obviate abuse
or unauthorized use thereof. cda
SECTION 36. Effectivity. — This Act shall take effect thirty (30) days after its approval and
publication in the Official Gazette.
Approved: April 3, 1992
Published in the Official Gazette, Vol. 88 No. 18 page 2577 on May 4, 1992.

||| (Postal Service Act of 1992, REPUBLIC ACT NO. 7354, [April 3, 1992])
February 6, 2013
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER PURPOSES”
SECTION 1. Short Title. — This Act shall be known as the «Expanded Anti-Trafficking in
Persons Act of 2012». caHASI
SECTION 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:
“SEC. 2. Declaration of Policy. — It is hereby declared that the State values the dignity of every
human person and guarantees the respect of individual rights. In pursuit of this policy, the
State shall give highest priority to the enactment of measures and development of programs
that will promote human dignity, protect the people from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration
and servitude of persons, not only to support trafficked persons but more importantly, to
ensure their recovery, rehabilitation and reintegration into the mainstream of society.
“It shall be a State policy to recognize the equal rights and inherent human dignity of women
and men as enshrined in the United Nations Universal Declaration on Human Rights, United
Nations Convention on the Elimination of All Forms of Discrimination Against Women, United
Nations Convention on the Rights of the Child, United Nations Convention on the Protection
of Migrant Workers and their Families, United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children and all other relevant and universally accepted human rights
instruments and other international conventions to which the Philippines is a signatory.”
“SEC. 3. Definition of Terms. — As used in this Act:
“(a) Trafficking in Persons — refers to the recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, harboring, or receipt of
persons with or without the victim›s consent or knowledge, within or across
national borders by means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking advantage
of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual exploitation, forced labor
or services, slavery, servitude or the removal or sale of organs. cTIESD
«The recruitment, transportation, transfer, harboring, adoption or receipt of a child

for the purpose of exploitation or when the adoption is induced by any form of
consideration for exploitative purposes shall also be considered as ‹trafficking
in persons› even if it does not involve any of the means set forth in the preceding
paragraph.
“(b) Child — refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical
or mental disability or condition.
“(c) Prostitution — refers to any act, transaction, scheme or design involving the use of
a person by another, for sexual intercourse or lascivious conduct in exchange
for money, profit or any other consideration.
“(d) Forced Labor — refers to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception including any work or service extracted from any
person under the menace of penalty.
“(e) Slavery — refers to the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised.
“(f) Involuntary Servitude — refers to a condition of enforced and compulsory service
induced by means of any scheme, plan or pattern, intended to cause a person
to believe that if he or she did not enter into or continue in such condition,
he or she or another person would suffer serious harm or other forms of
abuse or physical restraint, or threat of abuse or harm, or coercion including
depriving access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process. HCSEIT
“(g) Sex Tourism — refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
“(h) Sexual Exploitation — refers to participation by a person in prostitution,
pornography or the production of pornography, in exchange for money, profit
or any other consideration or where the participation is caused or facilitated
by any means of intimidation or threat, use of force, or other forms of coercion,
abduction, fraud, deception, debt bondage, abuse of power or of position or
of legal process, taking advantage of the vulnerability of the person, or giving
or receiving of payments or benefits to achieve the consent of a person having
control over another person; or in sexual intercourse or lascivious conduct
caused or facilitated by any means as provided in this Act.
“(i) Debt Bondage — refers to the pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or payment for

a debt, when the length and nature of services is not clearly defined or when
the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
“(j) Pornography — refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever
means, of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
“(k) Council — shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act.” TSAHIa
“SEC. 4. Acts of Trafficking in Persons. — It shall be unlawful for any person, natural or juridical,
to commit any of the following acts:
“(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor,
or receive a person by any means, including those done under the pretext
of domestic or overseas employment or training or apprenticeship, for the
purpose of prostitution, pornography, or sexual exploitation;
“(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955,
any Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
“(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage;
“(d) To undertake or organize tours and travel plans consisting of tourism packages
or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
“(e) To maintain or hire a person to engage in prostitution or pornography;
“(f) To adopt persons by any form of consideration for exploitative purposes or
to facilitate the same for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
“(g) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage; EATCcI
“(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer,
receive or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs
of said person;
“(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive
or adopt a child to engage in armed activities in the Philippines or abroad;
“(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or
receive a person by means defined in Section 3 of this Act for purposes of
forced labor, slavery, debt bondage and involuntary servitude, including a
scheme, plan, or pattern intended to cause the person either:
“(1) To believe that if the person did not perform such labor or services, he or
she or another person would suffer serious harm or physical restraint;
or
“(2) To abuse or threaten the use of law or the legal processes; and
“(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt
or receive a child for purposes of exploitation or trading them, including but
not limited to, the act of buying and/or selling a child for any consideration or
for barter for purposes of exploitation. Trafficking for purposes of exploitation
of children shall include:
“(1) All forms of slavery or practices similar to slavery, involuntary servitude,
debt bondage and forced labor, including recruitment of children for
use in armed conflict;
“(2) The use, procuring or offering of a child for prostitution, for the production
of pornography, or for pornographic performances; SEAHcT
“(3) The use, procuring or offering of a child for the production and trafficking
of drugs; and
“(4) The use, procuring or offering of a child for illegal activities or work which,
by its nature or the circumstances in which it is carried out, is likely to
harm their health, safety or morals; and
“(l) To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act.”
SECTION 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-A.Attempted Trafficking in Persons. — Where there are acts to initiate the commission
of a trafficking offense but the offender failed to or did not execute all the elements of the
crime, by accident or by reason of some cause other than voluntary desistance, such overt
acts shall be deemed as an attempt to commit an act of trafficking in persons. As such, an
attempt to commit any of the offenses enumerated in Section 4 of this Act shall constitute
attempted trafficking in persons.
“In cases where the victim is a child, any of the following acts shall also be deemed as
attempted trafficking in persons:
“(a) Facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason therefor and without the required clearance or permit
from the Department of Social Welfare and Development, or a written permit
or justification from the child’s parent or legal guardian;

“(b) Executing, for a consideration, an affidavit of consent or a written consent for
adoption;
“(c) Recruiting a woman to bear a child for the purpose of selling the child;
“(d) Simulating a birth for the purpose of selling the child; and
“(e) Soliciting a child and acquiring the custody thereof through any means from
among hospitals, clinics, nurseries, daycare centers, refugee or evacuation
centers, and low-income families, for the purpose of selling the child.” SCIcTD
SECTION 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-B. Accomplice Liability. — Whoever knowingly aids, abets, cooperates in the execution
of the offense by previous or simultaneous acts defined in this Act shall be punished in
accordance with the provisions of Section 10(c) of this Act.»
SECTION 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-C. Accessories. — Whoever has the knowledge of the commission of the crime, and
without having participated therein, either as principal or as accomplices, take part in its
commission in any of the following manners:
“(a) By profiting themselves or assisting the offender to profit by the effects of the
crime;
“(b) By concealing or destroying the body of the crime or effects or instruments
thereof, in order to prevent its discovery;
“(c) By harboring, concealing or assisting in the escape of the principal of the crime,
provided the accessory acts with abuse of his or her public functions or is
known to be habitually guilty of some other crime.
“Acts defined in this provision shall be punished in accordance with the provision of Section
10(d) as stated thereto.”
“SEC. 5. Acts That Promote Trafficking in Persons. — The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
“(a) . . . EcSCHD
“(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers, overseas employment certificates or other
certificates of any government agency which issues these certificates, decals
and such other markers as proof of compliance with government regulatory
and pre-departure requirements for the purpose of promoting trafficking in
persons;
“(c) . . .
“(d) . . .
“(e) . . .
“(f) . . .
“(g) . . .
“(h) To tamper with, destroy, or cause the destruction of evidence, or to influence or
attempt to influence witnesses, in an investigation or prosecution of a case
under this Act;
“(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal,
remove, confiscate or possess, any actual or purported passport or other travel,
immigration or working permit or document, or any other actual or purported
government identification, of any person in order to prevent or restrict, or
attempt to prevent or restrict, without lawful authority, the person’s liberty
to move or travel in order to maintain the labor or services of that person; or
“(j) To utilize his or her office to impede the investigation, prosecution or execution of
lawful orders in a case under this Act.”
“SEC. 6. Qualified Trafficking in Persons. — Violations of Section 4 of this Act shall be considered
as qualified trafficking:
“xxx xxx xxx
“(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person
who exercises authority over the trafficked person or when the offense is committed
by a public officer or employee; TcSaHC
“xxx xxx xxx

“(f) When the offender is a member of the military or law enforcement agencies;
“(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
“(h) When the offender commits one or more violations of Section 4 over a period of
sixty (60) or more days, whether those days are continuous or not; and
“(i)When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking.”
“SEC. 7. Confidentiality. — At any stage of the investigation, rescue, prosecution and trial of
an offense under this Act, law enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as well as parties to the case, shall protect the right
to privacy of the trafficked person. Towards this end, law enforcement officers, prosecutors
and judges to whom the complaint has been referred may, whenever necessary to ensure a
fair and impartial proceeding, and after considering all circumstances for the best interest of
the parties, order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or any other information tending to establish the
identity of the trafficked person and his or her family shall not be disclosed to the public.
“It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director of
a film in case of the movie industry, or any person utilizing tri-media facilities or electronic
information technology to cause publicity of the name, personal circumstances, or any
information tending to establish the identity of the trafficked person except when the
trafficked person in a written statement duly notarized knowingly, voluntarily and willingly
waives said confidentiality.
TEcCHD
“Law enforcement officers, prosecutors, judges, court personnel, social workers and medical
practitioners shall be trained on the importance of maintaining confidentiality as a means to
protect the right to privacy of victims and to encourage victims to file complaints.”
“SEC. 8. Initiation and Prosecution of Cases. —
“(a) Initiation of Investigation. — Law enforcement agencies are mandated to
immediately initiate investigation and counter-trafficking-intelligence
gathering upon receipt of statements or affidavit from victims of trafficking,
migrant workers, or their families who are in possession of knowledge or
information about trafficking in persons cases.
“(b) Prosecution of Cases. — Any person who has personal knowledge of the
commission of any offense under this Act, such as the trafficked person, the
parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.
“(c) Affidavit of Desistance. — Cases involving trafficking in persons should not be
dismissed based on the affidavit of desistance executed by the victims or their
parents or legal guardians. Public and private prosecutors are directed to
oppose and manifest objections to motions for dismissal.
“Any act involving the means provided in this Act or any attempt thereof for the purpose of
securing an Affidavit of Desistance from the complainant shall be punishable under this Act.”
“SEC. 10.Penalties and Sanctions. — The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
“(a) Any person found guilty of committing any of the acts enumerated in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not
less than One million pesos (P1,000,000.00) but not more than Two million
pesos (P2,000,000.00); AaHcIT
“(b) Any person found guilty of committing any of the acts enumerated in Section 4-A
of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00);
“(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
«In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment agency involved in trafficking. The
license of a recruitment agency which trafficked a child shall be automatically
revoked.
“(d) Any person found guilty of committing any of the acts enumerated in Section 5
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not
less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
“(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
“(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment
of six (6) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00); ATDHSC
“(g) If the offender is a corporation, partnership, association, club, establishment or

any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
commission of the crime or who shall have knowingly permitted or failed to
prevent its commission;
“(h) The registration with the Securities and Exchange Commission (SEC) and license
to operate of the erring agency, corporation, association, religious group, tour
or travel agent, club or establishment, or any place of entertainment shall
be cancelled and revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a
different name;
“(i) If the offender is a foreigner, he or she shall be immediately deported after serving
his or her sentence and be barred permanently from entering the country;
“(j) Any employee or official of government agencies who shall issue or approve
the issuance of travel exit clearances, passports, registration certificates,
counseling certificates, marriage license, and other similar documents to
persons, whether juridical or natural, recruitment agencies, establishments
or other individuals or groups, who fail to observe the prescribed procedures
and the requirement as provided for by laws, rules and regulations, shall be
held administratively liable, without prejudice to criminal liability under this
Act. The concerned government official or employee shall, upon conviction, be
dismissed from the service and be barred permanently to hold public office.
His or her retirement and other benefits shall likewise be forfeited; and
“(k) Conviction, by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.”
“SEC. 11. Use of Trafficked Persons. — Any person who buys or engages the services of a
trafficked person for prostitution shall be penalized with the following: Provided, That
the Probation Law (Presidential Decree No. 968) shall not apply: SHECcD
“(a) Prision Correccional in its maximum period to prision mayor or six (6) years to
twelve (12) years imprisonment and a fine of not less than Fifty thousand
pesos (P50,000.00) but not more than One hundred thousand pesos
(P100,000.00): Provided, however, That the following acts shall be exempted
thereto:
“(1) If an offense under paragraph (a) involves sexual intercourse or lascivious
conduct with a child, the penalty shall be reclusion temporal in its
medium period to reclusion perpetua or seventeen (17) years to forty
(40) years imprisonment and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
“(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual
intercourse with, a male or female trafficking victim and also involves
the use of force or intimidation, to a victim deprived of reason or to an
unconscious victim, or a victim under twelve (12) years of age, instead
of the penalty prescribed in the subparagraph above the penalty
shall be a fine of not less than One million pesos (P1,000,000.00) but
not more than Five million pesos (P5,000,000.00) and imprisonment
of reclusion perpetua or forty (40) years imprisonment with no
possibility of parole; except that if a person violating paragraph (a) of
this section knows the person that provided prostitution services is in
fact a victim of trafficking, the offender shall not be likewise penalized
under this section but under Section 10 as a person violating Section
4; and if in committing such an offense, the offender also knows a
qualifying circumstance for trafficking, the offender shall be penalized
under Section 10 for qualified trafficking. If in violating this section the
offender also violates Section 4, the offender shall be penalized under
Section 10 and, if applicable, for qualified trafficking instead of under
this section;
“(b) Deportation. — If a foreigner commits any offense described by paragraph (1) or (2)
of this section or violates any pertinent provision of this Act as an accomplice or
accessory to, or by attempting any such offense, he or she shall be immediately
deported after serving his or her sentence and be barred permanently from
entering the country; and SDHAEC
“(c) Public Official. — If the offender is a public official, he or she shall be dismissed

from service and shall suffer perpetual absolute disqualification to hold public
office, in addition to any imprisonment or fine received pursuant to any other
provision of this Act.»
“SEC. 12. Prescriptive Period. — Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6, or against a child, shall prescribe in twenty (20) years.
“The prescriptive period shall commence to run from the day on which the trafficked person
is delivered or released from the conditions of bondage, or in the case of a child victim, from
the day the child reaches the age of majority, and shall be interrupted by the filing of the
complaint or information and shall commence to run again when the proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for any reason
not imputable to the accused.”
“SEC. 16. Programs That Address Trafficking in Persons. — The government shall establish and
implement preventive, protective and rehabilitative programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to implement the following programs:
“(a) Department of Foreign Affairs (DFA) — shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to
the receiving country, and explore means to further enhance its assistance in
eliminating trafficking activities through closer networking with government
agencies in the country and overseas, particularly in the formulation of
policies and implementation of relevant programs. It shall provide Filipino
victims of trafficking overseas with free legal assistance and counsel to pursue
legal action against his or her traffickers, represent his or her interests in any
criminal investigation or prosecution, and assist in the application for social
benefits and/or regular immigration status as may be allowed or provided
for by the host country. The DFA shall repatriate trafficked Filipinos with the
consent of the victims. CHIScD
«The DFA shall take necessary measures for the efficient implementation of the
Electronic Passporting System to protect the integrity of Philippine passports,
visas and other travel documents to reduce the incidence of trafficking through
the use of fraudulent identification documents.
«In coordination with the Department of Labor and Employment, it shall provide free
temporary shelters and other services to Filipino victims of trafficking overseas
through the migrant workers and other overseas Filipinos resource centers
established overseas under Republic Act No. 8042, as amended.
“(b) Department of Social Welfare and Development (DSWD) — shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system
for accreditation among NGOs for purposes of establishing centers and
programs for intervention in various levels of the community. It shall establish

free temporary shelters, for the protection and housing of trafficked persons to
provide the following basic services to trafficked persons:
“(1) Temporary housing and food facilities;
“(2) Psychological support and counseling;
“(3) 24-hour call center for crisis calls and technology-based counseling and
referral system;
“(4) Coordination with local law enforcement entities; and
“(5) Coordination with the Department of Justice, among others.
«The DSWD must conduct information campaigns in communities and schools
teaching parents and families that receiving consideration in exchange for
adoption is punishable under the law. Furthermore, information campaigns
must be conducted with the police that they must not induce poor women to
give their children up for adoption in exchange for consideration. cIaCTS
“(c) Department of Labor and Employment (DOLE) — shall ensure the strict
implementation and compliance with the rules and guidelines relative to
the employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
labor recruiters.
“(d) Department of Justice (DOJ) — shall ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated
Bar of the Philippines (IBP) and other NGOs and volunteer groups.
“(e) Philippine Commission on Women (PCW) — shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue
of trafficking in persons in coordination with relevant government agencies. It
shall likewise advocate for the inclusion of the issue of trafficking in persons in
both its local and international advocacy for women’s issues.
“(f) Bureau of Immigration (BI) — shall strictly administer and enforce immigration
and alien administration laws. It shall adopt measures for the apprehension
of suspected traffickers both at the place of arrival and departure and shall
ensure compliance by the Filipino fiancés/fiancées and spouses of foreign
nationals with the guidance and counseling requirement as provided for in
this Act.
“(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI) —
shall be the primary law enforcement agencies to undertake surveillance,
investigation and arrest of individuals or persons suspected to be engaged in
trafficking. They shall closely coordinate with each other and with other law
enforcement agencies to secure concerted efforts for effective investigation
and apprehension of suspected traffickers. They shall also establish a system
to receive complaints and calls to assist trafficked persons and conduct rescue
operations. TEHDIA
“(h) Philippine Overseas Employment Administration (POEA) and Overseas Workers

and Welfare Administration (OWWA) — POEA shall implement Pre-Employment
Orientation Seminars (PEOS) while Pre-Departure Orientation Seminars
(PDOS) shall be conducted by the OWWA. It shall likewise formulate a system
of providing free legal assistance to trafficked persons, in coordination with
the DFA.
«The POEA shall create a blacklist of recruitment agencies, illegal recruiters and
persons facing administrative, civil and criminal complaints for trafficking
filed in the receiving country and/or in the Philippines and those agencies,
illegal recruiters and persons involved in cases of trafficking who have been
rescued by the DFA and DOLE in the receiving country or in the Philippines
even if no formal administrative, civil or criminal complaints have been
filed: Provided, That the rescued victims shall execute an affidavit attesting to
the acts violative of the anti-trafficking law. This blacklist shall be posted in
conspicuous places in concerned government agencies and shall be updated
bi-monthly.
«The blacklist shall likewise be posted by the POEA in the shared government
information system, which is mandated to be established under Republic Act
No. 8042, as amended.
«The POEA and OWWA shall accredit NGOs and other service providers to conduct
PEOS and PDOS, respectively. The PEOS and PDOS should include the
discussion and distribution of the blacklist.
«The license or registration of a recruitment agency that has been blacklisted may
be suspended by the POEA upon a review of the complaints filed against said
agency.
“(i) Department of the Interior and Local Government (DILG) — shall institute a
systematic information and prevention campaign in coordination with
pertinent agencies of government as provided for in this Act. It shall provide
training programs to local government units, in coordination with the Council,
in ensuring wide understanding and application of this Act at the local level.
aADSIc
“(j) Commission on Filipinos Overseas — shall conduct pre-departure counseling

services for Filipinos in intermarriages. It shall develop a system for
accreditation of NGOs that may be mobilized for purposes of conducting
pre-departure counseling services for Filipinos in intermarriages. As such, it
shall ensure that the counselors contemplated under this Act shall have the
minimum qualifications and training of guidance counselors as provided for
by law
«It shall likewise assist in the conduct of information campaigns against trafficking in
coordination with local government units, the Philippine Information Agency,
and NGOs.
“(k) Local government units (LGUs) — shall monitor and document cases of trafficking
in persons in their areas of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and ensure effective
prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in municipalities or
provinces in coordination with the DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies.
They shall encourage and support community-based initiatives which address
the trafficking in persons.
«In implementing this Act, the agencies concerned may seek and enlist the assistance of
NGOs, people›s organizations (POs), civic organizations and other volunteer groups.»
SECTION 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as
follows:
“SEC. 16-A. Anti-Trafficking in Persons Database. — An anti-trafficking in persons central
database shall be established by the Inter-Agency Council Against Trafficking created under
Section 20 of this Act. The Council shall submit a report to the President of the Philippines
and to Congress, on or before January 15 of every year, with respect to the preceding year›s
programs and data on trafficking-related cases.
“All government agencies tasked under the law to undertake programs and render assistance
to address trafficking in persons shall develop their respective monitoring and data collection
systems, and databases, for purposes of ensuring efficient collection and storage of data
on cases of trafficking in persons handled by their respective offices. Such data shall be
submitted to the Council for integration in a central database system. acHITE
“For this purpose, the Council is hereby tasked to ensure the harmonization and
standardization of databases, including minimum data requirements, definitions, reporting
formats, data collection systems, and data verification systems. Such databases shall have,
at the minimum, the following information:
“(a) The number of cases of trafficking in persons, sorted according to status of cases,
including the number of cases being investigated, submitted for prosecution,
dropped, and filed and/or pending before the courts and the number of
convictions and acquittals;
“(b) The profile/information on each case;
“(c) The number of victims of trafficking in persons referred to the agency by destination
countries/areas and by area of origin; and
“(d) Disaggregated data on trafficking victims and the accused/defendants.”
“SEC. 17. Legal Protection to Trafficked Persons. — Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as such, shall not be penalized for unlawful acts
committed as a direct result of, or as an incident or in relation to, being trafficked based
on the acts of trafficking enumerated in this Act or in obedience to the order made by the
trafficker in relation thereto. In this regard, the consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.
“Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are
not covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted,
fined, or otherwise penalized under the said law.”
follows:
“SEC. 17-A. Temporary Custody of Trafficked Victims. — The rescue of victims should be done as
much as possible with the assistance of the DSWD or an accredited NGO that services trafficked
victims. A law enforcement officer, on a reasonable suspicion that a person is a victim of any
offense defined under this Act including attempted trafficking, shall immediately place that
person in the temporary custody of the local social welfare and development office, or any
accredited or licensed shelter institution devoted to protecting trafficked persons after the
rescue.» TaDAIS
SECTION 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as
follows:
“SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims and of
Consent of Victims in Cases of Deception, Coercion and Other Prohibited Means. — The past sexual
behavior or the sexual predisposition of a trafficked person shall be considered inadmissible
in evidence for the purpose of proving consent of the victim to engage in sexual behavior,
or to prove the predisposition, sexual or otherwise, of a trafficked person. Furthermore, the
consent of a victim of trafficking to the intended exploitation shall be irrelevant where any of
the means set forth in Section 3(a) of this Act has been used.»
SECTION 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as
follows:
“SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. — No action or
suit shall be brought, instituted or maintained in any court or tribunal or before any other
authority against any: (a) law enforcement officer; (b) social worker; or (c) person acting in
compliance with a lawful order from any of the above, for lawful acts done or statements
made during an authorized rescue operation, recovery or rehabilitation/intervention, or an
investigation or prosecution of an anti-trafficking case: Provided, That such acts shall have
been made in good faith.
“The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance
pending final resolution and decision of criminal complaint for trafficking.
“It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement
officers, prosecutors and judges to urge complainants to abandon their criminal, civil and
administrative complaints for trafficking.
“The remedies of injunction and attachment of properties of the traffickers, illegal recruiters
and persons involved in trafficking may be issued motu proprio by judges.»
“SEC. 20.Inter-Agency Council Against Trafficking. — There is hereby established an Inter-Agency
Council Against Trafficking, to be composed of the Secretary of the Department of Justice as
Chairperson and the Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:
“(a) Secretary, Department of Foreign Affairs; SECcIH
“(b) Secretary, Department of Labor and Employment;

“(c) Secretary, Department of the Interior and Local Government;
“(d) Administrator, Philippine Overseas Employment Administration;
“(e) Commissioner, Bureau of Immigration;
“(f) Chief, Philippine National Police;
“(g) Chairperson, Philippine Commission on Women;
“(h) Chairperson, Commission on Filipinos Overseas;
“(i) Executive Director, Philippine Center for Transnational Crimes; and
“(j) Three (3) representatives from NGOs, who shall include one (1) representative each
from among the sectors representing women, overseas Filipinos, and children,
with a proven record of involvement in the prevention and suppression
of trafficking in persons. 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.
“The members of the Council may designate their permanent representatives who shall have
a rank not lower than an 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.”
“SEC. 22. Secretariat to the Council. — The Department of Justice shall establish the necessary
Secretariat for the Council.
CIHTac
“The secretariat shall provide support for the functions and projects of the Council. The
secretariat shall be headed by an executive director, who shall be appointed by the Secretary
of the DOJ upon the recommendation of the Council. The executive director must have
adequate knowledge on, training and experience in the phenomenon of and issues involved
in trafficking in persons and in the field of law, law enforcement, social work, criminology, or
psychology.
“The executive director shall be under the supervision of the Inter-Agency Council Against
Trafficking through its Chairperson and Co-Chairperson, and shall perform the following
functions:
“(a) Act as secretary of the Council and administrative officer of its secretariat;
“(b) Advise and assist the Chairperson in formulating and implementing the objectives,
policies, plans and programs of the Council, including those involving
mobilization of government offices represented in the Council as well as other
relevant government offices, task forces, and mechanisms;
“(c) Serve as principal assistant to the Chairperson in the overall supervision of council
administrative business;
“(d) Oversee all council operational activities;
“(e) Ensure an effective and efficient performance of council functions and prompt
implementation of council objectives, policies, plans and programs;
“(f) Propose effective allocations of resources for implementing council objectives,
policies, plans and programs;
“(g) Submit periodic reports to the Council on the progress of council objectives,
policies, plans and programs;
“(h) Prepare annual reports of all council activities; and
“(i) Perform other duties as the Council may assign.” TaCDAH
follows:
“SEC. 26-A. Extra-Territorial Jurisdiction. — The State shall exercise jurisdiction over any act
defined and penalized under this Act, even if committed outside the Philippines and whether
or not such act or acts constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other elements having
been committed in another country, if the suspect or accused:
“(a) Is a Filipino citizen; or
“(b) Is a permanent resident of the Philippines; or
“(c) Has committed the act against a citizen of the Philippines.
“No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has prosecuted
or is prosecuting such person for the conduct constituting such offense, except upon the
approval of the Secretary of Justice.
“The government may surrender or extradite persons accused of trafficking in the Philippines
to the appropriate international court if any, or to another State pursuant to the applicable
extradition laws and treaties.”
SECTION 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:
“SEC. 28. Funding. — The amount necessary to implement the provisions of this Act shall
be charged against the current year›s appropriations of the Inter-Agency Council Against
Trafficking under the budget of the DOJ and the appropriations of the other concerned
departments. Thereafter, such sums as may be necessary for the continued implementation
of this Act shall be included in the annual General Appropriations Act.»
follows:
“SEC. 28-A. Additional Funds for the Council. — The amount collected from every penalty, fine
or asset derived from any violation of this Act shall be earmarked as additional funds for the
use of the Council. The fund may be augmented by grants, donations and endowment from
various sources, domestic or foreign, for purposes related to their functions, subject to the
existing accepted rules and regulations of the Commission on Audit.» SAHEIc
SECTION 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended
to read as follows:
“SEC. 32. Repealing Clause. — Article 202 of the Revised Penal Code, as amended, and all laws,
acts, presidential decrees, executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Act are deemed amended, modified
or repealed accordingly: Provided, That this Act shall not in any way amend or repeal the
provisions of Republic Act No. 7610, otherwise known as the ‘Special Protection of Child
Against Child Abuse, Exploitation and Discrimination Act.’”
“SEC. 33. Effectivity. — This Act shall take effect fifteen (15) days following its complete
publication in at least two (2) newspapers of general circulation.»
Approved: February 6, 2013.
Published in The Philippine Star on February 13, 2013.

||| (Expanded Anti-Trafficking in Persons Act of 2012, Republic Act No. 10364, [February 6, 2013])
November 17, 2009
AN ACT DEFINING AND PENALIZING 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». CIAHDT
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 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 or protect 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
a child engaged or involved in real or simulated explicit sexual activities.
HSCcTD
(c) “Explicit Sexual Activity’’ includes actual or simulated —
(1) 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 café 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 a 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 a sexual activity or production of any form of child pornography. DEICaA
(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 facieevidence of the intent to sell,
distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts such 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; ATCEIc
(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
TEDAHI
(j) Any person who has personal knowledge of the circumstances of the commission of
any offense under this Act.
SECTION 7. Appointment of Special Prosecutors. — The Department of Justice (DOJ) shall

appoint or designate special prosecutors to prosecute cases for the violation of 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.
Furthermore, an ISP shall preserve such evidence for purposes of investigation and
prosecution by relevant authorities.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who
gained or attempted to gain access to an internet address which contains any form of child
pornography.
All ISPs shall install available technology, program or software to ensure that access to or
transmittal of any form of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be
subject to the penalty provided under Section 15 (k) of this Act.
The National Telecommunications Commission (NTC) shall promulgate within ninety (90)
days from the effectivity of this Act the necessary rules and regulations for the implementation
of this provision which shall include, among others, the installation of filtering software that will
block access to or transmission of any form of child pornography. cDTHIE
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 is established if, through the exercise of ordinary diligence, 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. DAaIEc
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; DAEcIS
(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”.
DTcACa
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 pesos
(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); EICDSA
(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 correccional in 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 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;
(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 the 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 HEISca
(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 commission;
(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 proper implementation of this Act. IcHSCT
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.
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 be 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, 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; CaDEAT
(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 Human Rights;
(f) 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; aIAEcD
(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 may designate their permanent representatives, who shall
have a rank not lower than assistant secretary or its equivalent, to meetings and shall receive
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 member agencies to effectively
address the issues and problems attendant to child pornography;
(e) Conduct and coordinate massive information dissemination 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 filing 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; TIcEDC
(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 the
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 created 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 property 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 the foreign
state, it must inform the foreign state of any valid reason for not executing the request or 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.
aHcACI
SECTION 24. Congressional Oversight Committee. — There is hereby created a

Congressional Oversight Committee composed of five (5) members from the Senate and five (5)
members from the House of Representatives. The members from the Senate shall be appointed
by the Senate President based on the proportional representation of the parties or coalition
therein with at least one (1) member representing the Minority. The members from the House of
Representatives shall be appointed by the Speaker, also based on proportional representation
of the parties or coalitions therein, with the Chair of the House Committee on Welfare of Children
and at least one (1) member representing the Minority.
The Committee shall be headed by the respective Chairs of the Senate Committee on
Youth, Women and Family Relations and the House of Representatives Committee on Justice.
The Secretariat of the Congressional Oversight Committee shall come from the existing
Secretariat personnel of the Committees of the Senate and the House of Representatives
concerned.
The Committee shall monitor and ensure the effective implementation of this Act,
determine inherent weakness and loopholes in the law, recommend the necessary remedial
legislation or administrative measures and perform such other duties and functions as may be
necessary to attain the objectives of this Act.
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.
SECTION 26. Implementing Rules and Regulations. — The Inter-Agency Council Against

Child Pornography shall promulgate the necessary implementing rules and regulations within
ninety (90) days from the effectivity of this Act.
SECTION 27. Suppletory Application of the Revised Penal Code. — The Revised Penal

Code shall be suppletorily applicable to this Act.
SECTION 28. Separability Clause. — If any part of this Act is declared unconstitutional or

invalid, the other provisions not affected thereby shall continue to be in full force and effect.
SECTION 29. Repealing Clause. — All laws, presidential decrees, executive orders,

administrative orders, rules and regulations inconsistent with or contrary to the provisions of
this Act are deemed amended, modified or repealed accordingly. DaScAI
SECTION 30. Effectivity. — This Act shall take effect after fifteen (15) days following
its complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Approved: November 17, 2009

(An Act Defining and Penalizing the Crime of Child Pornography, Prescribing Penalties Therefor and
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for Other Purposes, Republic Act No. 9775, [November 17, 2009])
May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND

CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER PURPOSES
SECTION 1.Title. — This Act shall be known as the “Anti-Trafficking in Persons Act of
2003.”
SEIDAC
SECTION 2.Declaration of Policy. — It is hereby declared that the State values the dignity
of every human person and guarantees the respect of individual rights. In pursuit of this
policy, the State shall give highest priority to the enactment of measures and development of
programs that will promote human dignity, protect the people from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration
and servitude of persons, not only to support trafficked persons but more importantly, to ensure
their recovery, rehabilitation and reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity
of women and men as enshrined in the United Nations Universal Declaration on Human
Rights, United Nations Convention on the Rights of the Child, United Nations Convention
on the Protection of Migrant Workers and their Families, United Nations Convention Against
Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children and all other relevant and universally
accepted human rights instruments and other international conventions to which the
Philippines is a signatory.
SECTION 3.Definition of Terms. — As used in this Act:
(a)Trafficking in Persons — refers to the recruitment, transportation, transfer or harboring,
or receipt of persons with or without the victim›s consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the persons,
or, the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose
of exploitation shall also be considered as “trafficking in persons” even if it does not involve any
of the means set forth in the preceding paragraph.

(b)Child — refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
(c)Prostitution — refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or
any other consideration. caHIAS
(d)Forced Labor and Slavery — refer to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception. SEIDAC
(e)Sex Tourism — refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or activities, utilizing and
offering escort and sexual services as enticement for tourists. This includes sexual services and
practices offered during rest and recreation periods for members of the military.
(f)Sexual Exploitation — refers to participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to a threat, deception,
coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a
victim›s vulnerability.
(g)Debt Bondage — refers to the pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or payment for a debt, when
the length and nature of services is not clearly defined or when the value of the services as
reasonably assessed is not applied toward the liquidation of the debt.
(h)Pornography — refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual parts of
a person for primarily sexual purposes.
(i)Council — shall mean the Inter-Agency Council Against Trafficking created under Section
20 of this Act.
SECTION 4.Acts of Trafficking in Persons. — It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a)To recruit, transport, transfer, harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(b)To introduce or match for money, profit, or material, economic or other consideration,
any person or, as provided for under Republic Act No. 6955, any Filipino women to a
foreign national, for marriage for the purpose of acquiring, buying, offering, selling
or trading him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(c)To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage; DCATHS
(d)To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or
sexual exploitation;
(e)To maintain or hire a person to engage in prostitution or pornography;
(f)To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; SEIDAC
(g)To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale
of organs of said person; and
(h)To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
SECTION 5.Acts that Promote Trafficking in Persons. — The following acts which promote
or facilitate trafficking in persons shall be unlawful:
(a)To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b)To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which
issued these certificates and stickers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting trafficking
in persons;
(c)To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
(d)To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies
that are mandated to provide pre-departure registration and services for departing
persons for the purpose of promoting trafficking in persons;
(e)To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose
of promoting trafficking in persons;
(f)To confiscate, conceal, or destroy the passport, travel documents, or personal documents
or belongings of trafficked persons in furtherance of trafficking or to prevent them
from leaving the country or seeking redress from the government or appropriate
agencies; and
(g)To knowingly benefit from, financial or otherwise, or make use of, the labor or services of
a person held to a condition of involuntary servitude, forced labor, or slavery.
SECTION 6.Qualified Trafficking in Persons. — The following are considered as qualified
trafficking:
(a)When the trafficked person is a child;
(b)When the adoption is effected through Republic Act No. 8043, otherwise known as
the “Inter-Country Adoption Act of 1995” and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage; SEIDAC
(c)When the crime is committed by a syndicate, or in large scale. Trafficking is deemed

committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale
if committed against three (3) or more persons, individually or as a group;
(d)When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public
officer or employee;
(e)When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f)When the offender is a member of the military or law enforcement agencies; and
(g)When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

SECTION 7.Confidentiality. — At any stage of the investigation, prosecution and trial of
an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy of the
trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or trial. The name and personal circumstances
of the trafficked person or of the accused, or any other information tending to establish their
identities and such circumstances or information shall not be disclosed to the public.
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 tri-media facilities or information technology to cause publicity
of any case of trafficking in persons.
SECTION 8.Prosecution of Cases. — Any person who has personal knowledge of the
commission of any offense under this Act, the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.
SECTION 9.Venue. — A criminal action arising from violation of this Act shall be filed
where the offense was committed, or where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the offense: Provided, That the court
where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.
SECTION 10.Penalties and Sanctions. — The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a)Any person found guilty of committing any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One
million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b)Any person found guilty of committing any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(c)Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but
not more than Five million pesos (P5,000,000.00); SEIDAC
(d)Any person who violates Section 7, hereof shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
(e)If the offender is a corporation, partnership, association, club, establishment or any
judicial person, the penalty shall be imposed upon the owner, president, partner,
manager, and/or any responsible officer who participated in the commission of the
crime or who shall have knowingly permitted or failed to prevent its commission;
(f)The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association religious group, tour or travel
agent, club or establishment, or any place of entertainment shall be cancelled and
revoked permanently. The owner, president, partner or manager thereof shall not
be allowed to operate similar establishments in a different name;
(g)If the offender is a foreigner, he shall be immediately deported after serving his sentence
and be barred permanently from entering the country;
(h)Any employee or official of government agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration certificates, counseling certificates,
marriage license, and other similar documents to persons, whether juridical or
natural, recruitment agencies, establishments or other individuals or groups, who
fail to observe the prescribed procedures and the requirements as provided for by
laws, rules and regulations, shall be held administratively liable, without prejudice
to criminal liability under this Act. The concerned government official or employee
shall, upon conviction, be dismissed from the service and be barred permanently to
hold public office. His/her retirement and other benefits shall likewise be forfeited;
and
(i)Conviction by final judgment of the adopter for any offense under this Act shall result in
the immediate rescission of the decree of adoption. IaDTES
SECTION 11.Use of Trafficked Persons. — Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:
(a)First offense — six (6) months of community service as may be determined by the court
and a fine of Fifty thousand pesos (P50,000.00); and
(b)Second and subsequent offenses — Imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
SECTION 12.Prescriptive Period. — Trafficking cases under this Act shall prescribe in ten
(10) years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6 shall prescribe in twenty (20) years. SEIDAC
The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and shall be interrupted by the
filing of the complaint or information and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.
SECTION 13.Exemption from Filing Fees. — When the trafficked person institutes a separate
civil action for the recovery of civil damages, he/she shall be exempt from the payment of filing
fees.
SECTION 14.Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons. — 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 and
properties derived from 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 balance shall be taken from the confiscated and forfeited
properties.
When the proceeds, properties and instruments 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, property or instruments of the offense.
SECTION 15.Trust Fund. — All fines imposed under this Act and the proceeds and
properties forfeited and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund
to be administered and managed by the Council to be used exclusively for programs that will
prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the
mainstream of society. Such programs shall include, but not limited to, the following:
(a)Provision for mandatory services set forth in Section 23 of this Act;
(b)Sponsorship of a national research program on trafficking and establishment of a data
collection system or monitoring and evaluation purposes;
(c)Provision of necessary technical and material support services to appropriate government
agencies and non-government organizations (NGOs);
(d)Sponsorship of conferences and seminars to provide venue for consensus building
amongst the public, the academe, government, NGOs and international
organizations; and
(e)Promotion of information and education campaign on trafficking.
SECTION 16.Programs that Address Trafficking in Persons. — The government shall
establish and implement preventive, protective and rehabilitative programs for trafficked
persons. For this purpose, the following agencies are hereby mandated to implement the
following programs:
(a)Department of Foreign Affairs (DFA) — shall make available its resources and facilities
overseas for trafficked persons regardless of their manner of entry to the receiving country, and
explore means to further enhance its assistance in eliminating trafficking activities through
closer networking with government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine
Readable Passports to protect the integrity of Philippine passports, visas and other travel
documents to reduce the incidence of trafficking through the use of fraudulent identification
documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling
program on intermarriages. SEIDAC
(b)Department of Social Welfare and Development (DSWD) — shall implement

rehabilitative and protective programs for trafficked persons. It shall provide counseling and
temporary shelter to trafficked persons and develop a system for accreditation among NGOs
for purposes of establishing centers and programs for intervention in various levels of the
community.
(c)Department of Labor and Employment (DOLE) — shall ensure the strict implementation
and compliance with the rules and guidelines relative to the employment of persons locally and
overseas. It shall likewise monitor, document and report cases of trafficking in persons involving
employers and labor recruiters. AScTaD
(d)Department of Justice (DOJ) — shall ensure the prosecution of persons accused of

trafficking and designate and train special prosecutors who shall handle and prosecute cases
of trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons,
in coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and
volunteer groups.
(e)National Commission on the Role of Filipino Women (NCRFW) — shall actively
participate and coordinate in the formulation and monitoring of policies addressing the issue
of trafficking in persons in coordination with relevant government agencies. It shall likewise
advocate for the inclusion of the issue of trafficking in persons in both its local and international
advocacy for women’s issues.
(f)Bureau of Immigration (BI) — shall strictly administer and enforce immigration and
alien administration laws. It shall adopt measures for the apprehension of suspected traffickers
both at the place of arrival and departure and shall ensure compliance by the Filipino fiancés/
fiancées and spouses of foreign nationals with the guidance and counseling requirements as
provided for in this Act.
(g)Philippine National Police (PNP) — shall be the primary law enforcement agency
to undertake surveillance, investigation and arrest of individuals or persons suspected to be
engaged in trafficking. It shall closely coordinate with various law enforcement agencies to
secure concerted efforts for effective investigations and apprehension of suspected traffickers.
It shall also establish a system to receive complaints and calls to assist trafficked persons and
conduct rescue operations. SEIDAC
(h)Philippine Overseas Employment Administration (POEA) — shall implement an

effective pre-employment orientation seminars and pre-departure counseling programs to
applicants for overseas employment. It shall likewise formulate a system of providing free legal
assistance to trafficked persons.
(i)Department of the Interior and Local Government (DILG) — shall institute a systematic
information and prevention campaign and likewise maintain a databank for the effective
monitoring, documentation and prosecution of cases on trafficking in persons.
(j)Local government units (LGUs) — shall monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which
violate the provisions of this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons through the establishment of
the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in
coordination with DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas
(CFO), NGOs and other concerned agencies. They shall encourage and support community based
initiatives which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist the assistance of
NGOs, people’s organizations (POs), civic organizations and other volunteer groups.
SECTION 17.Legal Protection to Trafficked Persons. — Trafficked persons shall be
recognized as victims of the act or acts of trafficking and as such shall not be penalized for
crimes directly related to the acts of trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto. In this regard, the consent of a trafficked person
to the intended exploitation set forth in this Act shall be irrelevant.
SECTION 18.Preferential Entitlement Under the Witness Protection Program. — Any
provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall
be entitled to the witness protection program provided therein.
SECTION 19.Trafficked Persons Who are Foreign Nationals. — Subject to the guidelines
issued by the Council, trafficked persons in the Philippines who are nationals of a foreign
country shall also be entitled to appropriate protection, assistance and services available to
trafficked persons under this Act: Provided, That they shall be permitted continued presence
in the Philippines for a length of time prescribed by the Council as necessary to effect the
prosecution of offenders.
SECTION 20.Inter-Agency Council Against Trafficking. — There is hereby established an
Inter-Agency Council Against Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of Social Welfare and Development
as Co-Chairperson and shall have the following as members:
(a)Secretary, Department of Foreign Affairs;
(b)Secretary, Department of Labor and Employment;
(c)Administrator, Philippine Overseas Employment Administration; SEIDAC
(d)Commissioner, Bureau of Immigration;

(e)Director-General, Philippine National Police;
(f)Chairperson, National Commission on the Role of Filipino Women; and
(g)Three (3) representatives from NGOs, who shall be composed of one (1) representative
each from among the sectors representing women, overseas Filipino workers
(OFWs) and children, with a proven record of involvement in the prevention and
suppression of trafficking in persons. 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.
The members of the Council may designate their permanent representatives who shall
have a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive
accounting rules and regulations.
SECTION 21.Functions of the Council. — The Council shall have the following powers and
functions:
(a)Formulate a comprehensive and integrated program to prevent and suppress the
trafficking in persons;
(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 member agencies to effectively
address the issues and problems attendant to trafficking in persons,
(e)Coordinate the conduct of massive information dissemination and campaign on the
existence of the law and the various issues and problems attendant to trafficking
through the LGUs, concerned agencies, and NGOs; SEIDAC
(f)Direct other agencies to immediately respond to the problems brought to their attention
and report to the Council on action taken;
(g)Assist in filing of cases against individuals, agencies, institutions or establishments that
violate the provisions of this Act;
(h)Formulate a program for the reintegration of trafficked persons in cooperation with DOLE,
DSWD, Technical Education and Skills Development Authority (TESDA), Commission
on Higher Education (CHED), LGUs and NGO’s;
(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 for migration established
under Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas
Filipinos Act of 1995” with data on cases of trafficking in persons, and ensure that
the proper agencies conduct a continuing research and study on the patterns and
scheme of trafficking in persons which shall form the basis for policy formulation
and program direction;
(k)Develop the mechanism to ensure the timely, coordinated, and effective response to
cases of trafficking in persons;
(l)Recommend measures to enhance cooperative efforts and mutual assistance among
foreign countries through bilateral and/or multilateral arrangements to prevent and
suppress international trafficking in persons;
(m)Coordinate with the Department of Transportation and Communications (DOTC),
Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion
of advertisement of trafficking in the internet;
SEIDAC
(n)Adopt measures and policies to protect the rights and needs of trafficked persons who
are foreign nationals in the Philippines;
(o)Initiate training programs in identifying and providing the necessary intervention or
assistance to trafficked persons; and
(p)Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.
SECTION 22.Secretariat to the Council. — The Department of Justice shall establish the
necessary Secretariat for the Council.
SECTION 23.Mandatory Services to Trafficked Persons. — To ensure recovery, rehabilitation
and reintegration into the mainstream of society; concerned government agencies shall make
available the following services to trafficked persons:
(a)Emergency shelter or appropriate housing;
(b)Counseling;
(c)Free legal services which shall include information about the victims’ rights and the
procedure for filing complaints, claiming compensation and such other legal
remedies available to them, in a language understood by the trafficked person;
(d)Medical or psychological services;
(e)Livelihood and skills training; and ATHCDa
(f)Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and carried
out.
SECTION 24.Other Services for Trafficked Persons. —
(a)Legal Assistance. — Trafficked persons shall be considered under the category
“Overseas Filipino in Distress” and may avail of the legal assistance created by Republic Act No.
8042, subject to the guidelines as provided by law. SEIDAC
(b)Overseas Filipino Resource Centers. — The services available to overseas Filipinos as

provided for by Republic Act No. 8042 shall also be extended to trafficked persons regardless of
their immigration status in the host country.

(c)The Country Team Approach. — The country team approach under Executive Order No.
74 of 1993, shall be the operational scheme under which Philippine embassies abroad shall
provide protection to trafficked persons insofar as the promotion of their welfare, dignity and
fundamental rights are concerned.
SECTION 25.Repatriation of Trafficked Persons. — The DFA, in coordination with DOLE
and other appropriate agencies, shall have the primary responsibility for the repatriation of
trafficked persons, regardless of whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater
risks, the DFA shall make representation with the host government for the extension of
appropriate residency permits and protection, as may be legally permissible in the host country.
SECTION 26.Extradition. — The DOJ, in consultation with DFA, shall endeavor to include
offenses of trafficking in persons among extraditable offenses.
SECTION 27.Reporting Requirements. — The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities relative to
the implementation of this Act.
SECTION 28.Funding. — The heads of the departments and agencies concerned shall
immediately include in their programs and issue such rules and regulations to implement
the provisions of this Act, the funding of which shall be included in the annual General
Appropriations Act.
SECTION 29.Implementing Rules and Regulations. — The Council shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity of this
Act.
SECTION 30.Non-restriction of Freedom of Speech and of Association, Religion and the Right
to Travel. — Nothing in this Act shall be interpreted as a restriction of the freedom of speech and
of association, religion and the right to travel for purposes not contrary to law as guaranteed by
the Constitution. AIcaDC
SECTION 31.Separability Clause. — If, for any reason, any section or provision of this Act
is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected
thereby.
SECTION 32.Repealing Clause. — All laws, presidential decrees, executive orders and
rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly:Provided, That this Act shall not in any way amend or repeal
the provision of Republic Act No. 7610, otherwise known as the “Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act.”
SECTION 33.Effectivity. — This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation. SEIDAC
Approved: May 26, 2003

Published in the Official Gazette, Vol. 99 No. 31 Page 4916 on August 4, 2003.

||| (Anti-Trafficking in Persons Act of 2003, Republic Act No. 9208, [May 26, 2003])
February 13, 1998
AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND
CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION
AND EDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM,
STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the “Philippine AIDS Prevention and Control Act of
1998.”
SECTION 2. Declaration of Policies. — Acquired Immune Deficiency Syndrome (AIDS) is a disease that
recognizes no territorial, social, political and economic boundaries for which there is no known cure.
The gravity of the AIDS threat demands strong State action today, thus:
(a) The State shall promote public awareness about the causes, modes of transmission,
consequences, means of prevention and control of HIV/AIDS through a
comprehensive nationwide educational and information campaign organized
and conducted by the State. Such campaigns shall promote value formation
and employ scientifically proven approaches, focus on the family as a basic
social unit, and be carried out in all schools and training centers, workplaces,
and communities. This program shall involve affected individuals and groups,
including people living with HIV/AIDS.
(b) The State shall extend to every person suspected or known to be infected with HIV/
AIDS full protection of his/her human rights and civil liberties. Towards this end,
(1) compulsory HIV testing shall be considered unlawful unless otherwise
provided in this Act;
(2) the right to privacy of individuals with HIV shall be guaranteed;
(3) discrimination, in all its forms and subtleties, against individuals with HIV
or persons perceived or suspected of having HIV shall be considered
inimical to individual and national interest; and
(4) provision of basic health and social services for individuals with HIV shall be
assured.
(c) The State shall promote utmost safety and universal precautions in practices and
procedures that carry the risk of HIV transmission.
(d) The State shall positively address and seek to eradicate conditions that aggravate
the spread of HIV infection, including but not limited to, poverty, gender
inequality, prostitution, marginalization, drug abuse and ignorance.

(e) The State shall recognize the potential role of affected individuals in propagating
vital information and educational messages about HIV/AIDS and shall utilize
their experience to warn the public about the disease.
SECTION 3. Definition of Terms. — As used in this Act, the following terms are defined as follows:
(a) “Acquired Immune Deficiency Syndrome (AIDS)” — a condition characterized by a
combination of signs and symptoms, caused by HIV contracted from another
person and which attacks and weakens the body’s immune system, making the
afflicted individual susceptible to other life-threatening infections.
(b) “Anonymous Testing” — refers to an HIV testing procedure whereby the individual
being tested does not reveal his/her true identity. An identifying number or
symbol is used to substitute for the name and allows the laboratory conducting
the test and the person on whom the test is conducted to match the test results
with the identifying number or symbol.
(c) “Compulsory HIV Testing” — refers to HIV testing imposed upon a person attended
or characterized by the lack of or vitiated consent, use of physical force,
intimidation or any form of compulsion.
(d) “Contact tracing” — refers to the method of finding and counselling the sexual
partner(s) of a person who has been diagnosed as having sexually transmitted
disease.
(e) “Human Immunodeficiency Virus (HIV)” — refers to the virus which causes AIDS.
(f) “HIV/AIDS Monitoring” — refers to the documentation and analysis of the number of
HIV/AIDS infections and the pattern of its spread.
(g) “HIV/AIDS Prevention and Control” — refers to measures aimed at protecting non-
infected from contracting HIV and minimizing the impact of the condition of
persons living with HIV.
(h) “HIV-positive” — refers to the presence of HIV infection as documented by the
presence of HIV or HIV antibodies in the sample being tested.
(i) “HIV-negative” — denotes the absence of HIV or HIV antibodies upon HIV testing.
(j) “HIV Testing” — refers to any laboratory procedure done on an individual to
determine the presence or absence of HIV infection.
(k) “HIV Transmission” — refers to the transfer of HIV from one infected person to an
uninfected individual, most commonly through sexual intercourse, blood
transfusion, sharing of intravenous needles and during pregnancy.
(l) “High-Risk Behavior” — refers to a person’s frequent involvement in certain activities
which increase the risk of transmitting or acquiring HIV.
(m) “Informed Consent” — refers to the voluntary agreement of a person to undergo or

be subjected to a procedure based on full information, whether such permission
is written, conveyed verbally, or expressed indirectly.
(n) “Medical Confidentiality” — refers to the relationship of trust and confidence created
or existing between a patient or a person with HIV and his attending physician,
consulting medical specialist, nurse, medical technologist and all other health
workers or personnel involved in any counselling, testing or professional care
of the former; it also applies to any person who, in any official capacity, has
acquired or may have acquired such confidential information.
(o) “Person with HIV” — refers to an individual whose HIV test indicates, directly or
indirectly, that he/she is infected with HIV.
(p) “Pre-Test Counselling” — refers to the process of providing an individual
information on the biomedical aspects of HIV/AIDS and emotional support to
any psychological implications of undergoing HIV testing and the test result
itself before he/she is subjected to the test.
(q) “Post-Test Counselling” — refers to the process of providing risk-reduction
information and emotional support to a person who submitted to HIV testing
at the time that the test result is released.
(r) “Prophylactic” — refers to any agent or device used to prevent the transmission of
a disease.
(s) “Sexually Transmitted Diseases” — refers to any disease that may be acquired or
passed on through sexual contact.
(t) “Voluntary HIV Testing” — refers to HIV testing done on an individual who, after
having undergone pre-test counselling, willingly submits himself/herself to
such test.
(u) “Window Period” — refers to the period of time, usually lasting from two weeks to
six (6) months during which an infected individual will test “negative” upon HIV
testing but can actually transmit the infection.
ARTICLE I
Education and Information
SECTION 4. HIV/AIDS Education in Schools. — The Department of Education, Culture and Sports (DECS),
the Commission on Higher Education (CHED), and the Technical Education and skills Development
Authority (TESDA), utilizing official information provided by the Department of Health, shall integrate
instruction on the causes, modes of transmission and ways of preventing HIV/AIDS and other sexually
transmitted diseases in subjects taught in public and private schools at intermediate grades,
secondary and tertiary levels, including non-formal and indigenous learning systems: Provided, That
if the integration of HIV/AIDS education is not appropriate or feasible, the DECS and TESDA shall design
special modules on HIV/AIDS prevention and control: Provided,further, That it shall not be used as an
excuse to propagate birth control or the sale or distribution of birth control devices: Provided,finally,
That it does not utilize sexually explicit materials.
Flexibility in the formulation and adoption of appropriate course content, scope, and methodology in
each educational level or group shall be allowed after consultations with Parent-Teachers-Community
Associations, Private School Associations, school officials, and other interest groups. As such, no
instruction shall be offered to minors without adequate prior consultation with parents who must
agree to the thrust and content of the instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be required to undergo a seminar or training
on HIV/AIDS prevention and control to be supervised by DECS, CHED and TESDA, in coordination with
the Department of Health (DOH), before they are allowed to teach on the subject.
SECTION 5. HIV/AIDS Information as a Health Service. — HIV/AIDS education and information
dissemination shall form part of the delivery of health services by health practitioners, workers and
personnel. The knowledge and capabilities of all public health workers shall be enhanced to include
skills for proper information dissemination and education on HIV/AIDS. It shall likewise be considered
a civic duty of health providers in the private sector to make available to the public such information
necessary to control the spread of HIV/AIDS and to correct common misconceptions about this
disease. The training or health workers shall include discussions on HIV-related ethical issues such as
confidentiality, informed consent and the duty to provide treatment.
SECTION 6. HIV/AIDS Education in the Workplace. — All government and private employees, workers,
managers, and supervisors, including members of the Armed Forces of the Philippines (AFP) and
the Philippine National Police (PNP), shall be provided with the standardized basic information and
instruction on HIV/AIDS which shall include topics on confidentiality in the workplace and attitude
towards infected employees and workers. In collaboration with the Department of Health (DOH),
the Secretary of the Department of Labor and Employment (DOLE) shall oversee the anti-HIV/AIDS
campaign in all private companies while the Armed Forces Chief of Staff and the Director General of
the PNP shall oversee the implementation of this section.
SECTION 7. HIV/AIDS Education for Filipinos Going Abroad. — The State shall ensure that all overseas
Filipino workers and diplomatic, military, trade, and labor officials and personnel to be assigned
overseas shall undergo or attend a seminar on the cause, prevention and consequences of HIV/
AIDS before certification for overseas assignment. The Department of Labor and Employment or the
Department of Foreign Affairs, the Department of Tourism and the Department of Justice through the
Bureau of Immigration, as the case may be, in collaboration with the Department of Health (DOH),
shall oversee the implementation of this Section.
SECTION 8. Information Campaign for Tourists and Transients. — Informational aids or materials on
the cause, modes of transmission, prevention, and consequences of HIV infection shall be adequately
provided at all international ports of entry and exit. The Department of Tourism, the Department of
Foreign Affairs, the Department of Justice through the Bureau of Immigration, in collaboration with
the Department of Health (DOH), shall oversee the implementation of this Act. cdtai
SECTION 9. HIV/AIDS Education in Communities. — Local government units, in collaboration with the
Department of Health (DOH), shall conduct an educational and information campaign on HIV/AIDS.
The provincial governor, city or municipal mayor and the barangay captain shall coordinate such
campaign among concerned government agencies, non-government organizations and church-
based groups.
SECTION 10. Information on Prophylactics. — Appropriate information shall be attached to or provided
with every prophylactic offered for sale or given as a donation. Such information shall be legibly
printed in English and Filipino, and contain literature on the proper use of the prophylactic device or
agent, its efficacy against HIV and STD infection, as well as the importance of sexual abstinence and
mutual fidelity.
SECTION 11. Penalties for Misleading Information. — Misinformation on HIV/AIDS prevention and
control through false and misleading advertising and claims in any of the tri-media or the promotional
marketing of drugs, devices, agents or procedures without prior approval from the Department of
Health and the Bureau of Food and Drugs and the requisite medical and scientific basis, including
markings and indications in drugs and devises or agents, purporting to be a cure or a fail-safe
prophylactic for HIV infection is punishable with a penalty of imprisonment for two (2) months to
two (2) years, without prejudice to the imposition of administrative sanctions such as fines and
suspension or revocation of professional or business license.
ARTICLE II
Safe Practices and Procedures
SECTION 12. Requirement on the Donation of Blood, Tissue, or Organ. — No laboratory or institution
shall accept a donation of tissue or organ, whether such donation is gratuitous or onerous, unless a
sample from the donor has been tested negative for HIV. All donated blood shall also be subjected
to HIV testing and HIV(+) blood shall be disposed of properly and immediately. A second testing may
be demanded as a matter of right by the blood, tissue, or organ recipient or his immediate relatives
before transfusion or transplant, except during emergency cases: Provided, That donations of blood,
tissue, or organ testing positive for HIV may be accepted for research purposes only, and subject to
strict sanitary disposal requirements.
SECTION 13. Guidelines on Surgical and Similar Procedures. — The Department of Health (DOH),
in consultation and in coordination with concerned professional organizations and hospital
associations, shall issue guidelines on precautions against HIV transmission during surgical, dental,
embalming, tattooing or similar procedures. The DOH shall likewise issue guidelines on the handling
and disposition of cadavers, body fluids or wastes of persons known or believed to be HIV-positive.
The necessary protective equipment such as gloves, goggles and gowns, shall be made available to
all physicians and health care providers and similarly exposed personnel at all times.
SECTION 14. Penalties for Unsafe Practices and Procedures. — Any person who knowingly or negligently
causes another to get infected with HIV in the course of the practice of his/her profession through
unsafe and unsanitary practice or procedure is liable to suffer a penalty of imprisonment for six (6)
years to twelve (12) years, without prejudice to the imposition of administrative sanctions such as,
but not limited to, fines and suspension or revocation of the license to practice his/her profession. The
permit or license of any business entity and the accreditation of hospitals, laboratory, or clinics may
be cancelled or withdrawn if said establishments fail to maintain such safe practices and procedures
as may be required by the guidelines to be formulated in compliance with Section 13 of this Act.
ARTICLE III
Testing, Screening and Counselling
SECTION 15. Consent as a Requisite for HIV Testing. — No compulsory HIV testing shall be allowed.
However, the State shall encourage voluntary testing for individuals with a high risk for contracting
HIV: Provided, That written informed consent must first be obtained. Such consent shall be obtained
from the person concerned if he/she is of legal age or from the parents or legal guardian in the case
of a minor or a mentally incapacitated individual. Lawful consent to HIV testing of a donated human
body, organ, tissue, or blood shall be considered as having been given when:
(a) a person volunteers or freely agrees to donate his/her blood, organ, or tissue for
transfusion, transplantation, or research;
(b) a person has executed a legacy in accordance with Section 3 of Republic Act No.
7170, also known as the “Organ Donation Act of 1991”;
(c) a donation is executed in accordance with Section 4 of Republic Act No. 7170.
SECTION 16. Prohibitions on Compulsory HIV Testing. — Compulsory HIV testing as a precondition
to employment, admission to educational institutions, the exercise of freedom of abode, entry or
continued stay in the country, or the right to travel, the provision of medical service or any other kind
of service, or the continued enjoyment of said undertakings shall be deemed unlawful.
SECTION 17. Exception to the Prohibition on Compulsory Testing. — Compulsory HIV testing may be
allowed only in the following instances:
a) When a person is charged with any of the crimes punishable under Articles 264
and 266 as amended by Republic Act No. 8353, 335 and 338 of Act No. 3815,
otherwise known as the “Revised Penal Code” or under Republic Act No. 7659;
b) When the determination of the HIV status is necessary to resolve the relevant issues
under Executive Order No. 209, otherwise known as the “Family Code of the
Philippines”; and
c) When complying with the provisions of Republic Act No. 7170, otherwise known as
the “Organ Donation Act” and Republic Act No. 7719, otherwise known as the
“National Blood Services Act”.
SECTION 18. Anonymous HIV Testing. — The State shall provide a mechanism for anonymous HIV
testing and shall guarantee anonymity and medical confidentiality in the conduct of such tests.
SECTION 19. Accreditation of HIV Testing Centers. — All testing centers, hospitals, clinics, and
laboratories offering HIV testing services are mandated to seek accreditation from the Department of
Health which shall set and maintain reasonable accreditation standards.
SECTION 20. Pre-test and Post-test Counselling. — All testing centers, clinics, or laboratories which
perform any HIV test shall be required to provide and conduct free pre-test counselling and post-
test counselling for persons who avail of their HIV/AIDS testing services. However, such counselling
services must be provided only by persons who meet the standards set by the DOH.
SECTION 21. Support for HIV Testing Centers. — The Department of Health shall strategically build and
enhance the capabilities for HIV testing of hospitals, clinics, laboratories, and other testing centers
primarily, by ensuring the training of competent personnel who will provide such services in said
testing sites.
ARTICLE IV
Health and Support Services
SECTION 22. Hospital-Based Services. — Persons with HIV/AIDS shall be afforded basic health services
in all government hospitals, without prejudice to optimum medical care which may be provided by
special AIDS wards and hospitals.
SECTION 23. Community-Based Services. — Local government units, in coordination and in cooperation
with concerned government agencies, non-government organizations, persons with HIV/AIDS and
groups most at risk of HIV infection shall provide community-based HIV/AIDS prevention and care
services.
SECTION 24. Livelihood Programs and Trainings. — Trainings for livelihood, self-help cooperative
programs shall be made accessible and available to all persons with HIV/AIDS. Persons infected
with HIV/AIDS shall not be deprived of full participation in any livelihood, self-help and cooperative
programs for reason of their health conditions.
SECTION 25. Control of Sexually Transmitted Diseases. — The Department of Health, in coordination
and in cooperation with concerned government agencies and non-government organizations shall
pursue the prevention and control of sexually transmitted diseases to help contain the spread of HIV
infection.
SECTION 26. Insurance for Persons with HIV . — The Secretary of Health, in cooperation with the
Commissioner of the Insurance Commission and other public and private insurance agencies, shall
conduct a study on the feasibility and viability of setting up a package of insurance benefits and,
should warrant it, implement an insurance coverage program for persons with HIV. The study shall be
guided by the principle that access to health insurance is part of an individual’s right to health and is
the responsibility of the State and of society as a whole.
ARTICLE V
Monitoring
SECTION 27. Monitoring Program. — A comprehensive HIV/AIDS monitoring program or “AIDSWATCH”
shall be established under the Department of Health to determine and monitor the magnitude and
progression of HIV infection in the Philippines, and for the purpose of evaluating the adequacy and
efficacy of the countermeasures being employed.
SECTION 28. Reporting Procedures. — All hospitals, clinics, laboratories, and testing centers for HIV/
AIDS shall adopt measures in assuring the reporting and confidentiality of any medical record,
personal data, file, including all data which may be accessed from various data banks or information
systems. The Department of Health through its AIDSWATCH monitoring program shall receive, collate
and evaluate all HIV/AIDS related medical reports. The AIDSWATCH data base shall utilize a coding
system that promotes client anonymity.
SECTION 29. Contact Tracing. — HIV/AIDS contact tracing and all other related health intelligence
activities may be pursued by the Department of Health: Provided, That these do not run counter
to the general purpose of this Act: Provided, further, That any information gathered shall remain
confidential and classified, and can only be used for statistical and monitoring purposes and not as
basis or qualification for any employment, school attendance, freedom of abode, or travel.
ARTICLE VI
Confidentiality
SECTION 30. Medical Confidentiality. — All health professionals, medical instructors, workers,
employers, recruitment agencies, insurance companies, data encoders, and other custodians of any
medical record, file, data, or test results are directed to strictly observe confidentiality in the handling
of all medical information, particularly the identity and status of persons with HIV.
SECTION 31. Exceptions to the Mandate of Confidentiality. — Medical confidentiality shall not be
considered breached in the following cases:
(a) when complying with reportorial requirements in conjunction with the AIDSWATCH
programs provided in Section 27 of this Act;
(b) when informing other health workers directly involved or about to be involved in
the treatment or care of a person with HIV/AIDS: Provided, That such treatment
or care carry the risk of HIV transmission:Provided, further, That such workers
shall be obliged to maintain the shared medical confidentiality;
(c) when responding to a subpoena duces tecum and subpoena ad testificandum issued
by a Court with jurisdiction over a legal proceeding where the main issue is
the HIV status of an individual: Provided, That the confidential medical record
shall be properly sealed by its lawful custodian after being double-checked for
accuracy by the head of the office or department, hand delivered, and personally
opened by the judge: Provided, further, That the judicial proceedings be held in
executive session.
SECTION 32. Release of HIV/AIDS Test Results. — All results of HIV/AIDS testing shall be confidential and
shall be released only to the following persons:
(a) the person who submitted himself/herself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;
(d) a person authorized to receive such results in conjunction with the AIDSWATCH
program as provided in Section 27 of this Act;
(e) a justice of the Court of Appeals or the Supreme Court, as provided under subsection
(c) of this Act and in accordance with the provision of Section 16 hereof.
SECTION 33. Penalties for Violations of Confidentiality. — Any violation of medical confidentiality as
provided in Sections 30 and 32 of this Act shall suffer the penalty of imprisonment for six (6) months to
four (4) years, without prejudice to administrative sanctions such as fines and suspension or revocation
of the violator’s license to practice his/her profession, as well as the cancellation or withdrawal of the
license to operate any business entity and the accreditation of hospitals, laboratories or clinics.
SECTION 34. Disclosure to Sexual Partners. — Any person with HIV is obliged to disclose his/her HIV
status and health condition to his/her spouse or sexual partner at the earliest opportune time.
ARTICLE VII
Discriminatory Acts and Policies
SECTION 35. Discrimination in the Workplace. — Discrimination in any form from pre-employment
to post-employment, including hiring, promotion or assignment, based on the actual, perceived or
suspected HIV status of an individual is prohibited. Termination from work on the sole basis of actual,
perceived or suspected HIV status is deemed unlawful.
SECTION 36. Discrimination in Schools. — No educational institution shall refuse admission or expel,
discipline, segregate, deny participation, benefits or services to a student or prospective student on
the basis of his/her actual, perceived or suspected HIV status.
SECTION 37. Restrictions on Travel and Habitation. — The freedom of abode, lodging and travel of a
person with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or refused
lawful entry into or deported from Philippine territory on account of his/her actual, perceived or
suspected HIV status.
SECTION 38. Inhibition from Public Service. — The right to seek an elective or appointive public office
shall not be denied to a person with HIV.
SECTION 39. Exclusion from Credit and Insurance Services. — All credit and loan services, including
health, accident and life insurance shall not be denied to a person on the basis of his/her actual,
perceived or suspected HIV status: Provided, That the person with HIV has not concealed or
misrepresented the fact to the insurance company upon application. Extension and continuation of
credit and loan shall likewise not be denied solely on the basis of said health condition.
SECTION 40. Discrimination in Hospitals and Health Institutions. — No person shall be denied health
care service or be charged with a higher fee on account of actual, perceived or suspected HIV status.
SECTION 41. Denial of Burial Services. — A deceased person who had AIDS or who was known,
suspected or perceived to be HIV-positive shall not be denied any kind of decent burial services.
SECTION 42. Penalties for Discriminatory Acts and Policies. — All discriminatory acts and policies
referred to in this Act shall be punishable with a penalty of imprisonment for six (6) months to four
(4) years and a fine not exceeding Ten thousand pesos (P10,000.00). In addition, licenses/permits of
schools, hospitals and other institutions found guilty of committing discriminatory acts and policies
described in this Act shall be revoked.
ARTICLE VIII
The Philippine National AIDS Council
SECTION 43. Establishment. — The Philippine National AIDS Council (PNAC) created by virtue
of Executive Order No. 39 dated 3 December 1992 shall be reconstituted and strengthened to enable
the Council to oversee an integrated and comprehensive approach to HIV/AIDS prevention and control
in the Philippines. It shall be attached to the Department of Health.
SECTION 44. Functions. — The Council shall be the central advisory, planning and policy-making body
for the comprehensive and integrated HIV/AIDS prevention and control program in the Philippines.
The Council shall perform the following functions:
(a) Secure from government agencies concerned recommendations on how their
respective agencies could operationalize specific provisions of this Act. The
Council shall integrate and coordinate such recommendations and issue
implementing rules and regulations of this Act. The Council shall likewise
ensure that there is adequate coverage of the following:
(1) The institution of a nationwide HIV/AIDS information and education program;
(2) The establishment of a comprehensive HIV/AIDS monitoring system;
(3) The issuance of guidelines on medical and other practices and procedures
that carry the risk of HIV transmission;
(4) The provision of accessible and affordable HIV testing and counselling
services to those who are in need of it;
(5) The provision of acceptable health and support services for persons with
HIV/AIDS in hospitals and in communities;
(6) The protection and promotion of the rights of individuals with HIV; and
(7) The strict observance of medical confidentiality.
(b) Monitor the implementation of the rules and regulations of this Act, issue or cause
the issuance of orders or make recommendations to the implementing agencies
as the Council considers appropriate;
(c) Develop a comprehensive long-term national HIV/AIDS prevention and control
program and monitor its implementation;
(d) Coordinate the activities of and strengthen working relationships between
government and non-government agencies involved in the campaign against
HIV/AIDS;
(e) Coordinate and cooperate with foreign and international organizations regarding
data collection, research and treatment modalities concerning HIV/AIDS; and
(f) Evaluate the adequacy of and make recommendations regarding the utilization of
national resources for the prevention and control of HIV/AIDS in the Philippines.
SECTION 45. Membership and Composition. — (a) The Council shall be composed of twenty-six (26)
members as follows:
(1) The Secretary of the Department of Health;
(2) The Secretary of the Department of Education, Culture and Sports or his
representative;
(3) The Chairperson of the Commission on Higher Education or his representative;
(4) The Director-General of the Technical Education and Skills Development Authority
or his representative;
(5) The Secretary of the Department of Labor and Employment or his representative;
(6) The Secretary of the Department of Social Welfare and Development or his
representative;
(7) The Secretary of the Department of the Interior and Local Government or his
representative;
(8) The Secretary of the Department of Justice or his representative;
(9) The Director-General of the National Economic and Development Authority or his
representative;
(10) The Secretary of the Department of Tourism or his representative;
(11) The Secretary of the Department of Budget and Management or his representative;
(12) The Secretary of the Department of Foreign Affairs or his representative;
(13) The Head of the Philippine Information Agency or his representative;
(14) The President of the League of Governors or his representative;
(15) The President of the League of City Mayors or his representative;
(16) The Chairperson of the Committee on Health of the Senate of the Philippines or
his representative;
(17) The Chairperson of the Committee on Health of the House of Representatives or
his representative;
(18) Two (2) representatives from organizations of medical/health professionals;
(19) Six (6) representatives from non-government organizations involved in HIV/AIDS

prevention and control efforts or activities; and
(20) A representative of an organization of persons dealing with HIV/AIDS.
(b) To the greatest extent possible, appointment to the Council must ensure sufficient and discernible
representation from the fields of medicine, education, health care, law, labor, ethics and social
services;
(c) All members of the Council shall be appointed by the President of the Republic of the Philippines,
except for the representatives of the Senate and the House of Representatives, who shall be appointed
by the Senate President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty (30) days after the date of the
enactment of this Act;
(e) The Secretary of Health shall be the permanent chairperson of the Council; however, the vice-
chairperson shall be elected by its members from among themselves, and shall serve for a term of
two (2) years; and
(f) For members representing medical/health professional groups and the six (6) non-government
organizations, they shall serve for a term of two (2) years, renewable upon recommendation of the
Council.
SECTION 46. Reports. — The Council shall submit to the President and to both Houses of Congress
comprehensive annual reports on the activities and accomplishments of the Council. Such annual
reports shall contain assessments and evaluation of intervention programs, plans and strategies for
the medium- and long-term prevention and control program on HIV/AIDS in the Philippines.
SECTION 47. Creation of Special HIV/AIDS Prevention and Control Service. — There shall be created
in the Department of Health a Special HIV/AIDS Prevention and Control Service staffed by qualified
medical specialists and support staff with permanent appointment and supported with an adequate
yearly budget. It shall implement programs on HIV/AIDS prevention and control. In addition, it shall
also serve as the secretariat of the Council.
SECTION 48. Appropriations. — The amount of Twenty million pesos (P20,000,000.00) shall be initially
appropriated out of the funds of the National Treasury. Subsequent appropriations shall be provided
by Congress in the annual budget of the Department of Health under the General Appropriations Act.
ARTICLE IX
Miscellaneous Provisions
SECTION 49. Implementing Rules and Regulations. — Within six (6) months after it is fully reconstituted,
the Council shall formulate and issue the appropriate rules and regulations necessary for the
implementation of this Act.
SECTION 50. Separability Clause. — If any provision of this Act is declared invalid, the remainder of
this Act or any provision not affected thereby shall remain in force and effect.
SECTION 51. Repealing Clause. — All laws, presidential decrees, executive orders and their
implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly. cdasia
SECTION 52. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at least two
(2) national newspapers of general circulation.
Published in Malaya and Manila Times on February 21, 1998.
||| (Philippine AIDS Prevention and Control Act of 1998, Republic Act No. 8504, [February 13, 1998])
December 11, 2009
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,

GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION, DESIGNATING
SPECIAL COURTS, AND FOR RELATED PURPOSES
CHAPTER I
Introductory Provisions
SECTION 1. Short Title. — This Act shall be known as the «Philippine Act on Crimes Against
International Humanitarian Law, Genocide, and Other Crimes Against Humanity». aCTHEA
SECTION 2. Declaration of Principles and State Policies. —
(a) The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to
a policy of peace, equality, justice, freedom, cooperation and amity with all nations;
(b) The State values the dignity of every human person and guarantees full respect for
human rights, including the rights of indigenous cultural communities and other
vulnerable groups, such as women and children;
(c) It shall be the responsibility of the State and all other sectors concerned to resolve
armed conflict in order to promote the goal of “Children as Zones of Peace”;
(d) The State adopts the generally accepted principles of international law, including the
Hague Conventions of 1907, the Geneva Conventions on the protection of victims of
war and international humanitarian law, as part of the law of our nation;
(e) The most serious crimes of concern to the international community as a whole must not
go unpunished and their effective prosecution must be ensured by taking measures
at the national level, in order to put an end to impunity for the perpetrators of these
crimes and thus contribute to the prevention of such crimes, it being the duty of every
State to exercise its criminal jurisdiction over those responsible for international
crimes; TIaCHA
(f) The State shall guarantee persons suspected or accused of having committed grave
crimes under international law all rights necessary to ensure that their trial will
be fair and prompt in strict accordance with national and international law and
standards for fair trial. It shall also protect victims, witnesses and their families, and
provide appropriate redress to victims and their families. It shall ensure that the
legal systems in place provide accessible and gender-sensitive avenues of redress
for victims of armed conflict; and
(g) The State recognizes that the application of the provisions of this Act shall not affect
the legal status of the parties to a conflict, nor give an implied recognition of the
status of belligerency.
CHAPTER II
Definition of Terms
SECTION 3.For purposes of this Act, the term. —
(a) “Apartheid” means inhumane acts committed in the context of an institutionalized

regime of systematic oppression and domination by one racial group or groups and
committed with the intention of maintaining that regime.
(b) “Arbitrary deportation or forcible transfer of population” means forced displacement

of the persons concerned by expulsion or other coercive acts from the area in
which they are lawfully present, without grounds permitted under domestic or
international law.
(c) “Armed conflict” means any use of force or armed violence between States or a
protracted armed violence between governmental authorities and organized armed
groups or between such groups within a State: Provided, That such force or armed
violence gives rise, or may give rise, to a situation to which the Geneva Conventions
of 12 August 1949, including their common Article 3, apply. Armed conflict may
be international, that is, between two (2) or more States, including belligerent
occupation; or non-international, that is, between governmental authorities and
organized armed groups or between such groups within a State. It does not cover
internal disturbances or tensions such as riots, isolated and sporadic acts of violence
or other acts of a similar nature.
(d) “Armed forces” means all organized armed forces, groups and units that belong to a
party to an armed conflict which are under a command responsible to that party for
the conduct of its subordinates. Such armed forces shall be subject to an internal
disciplinary system which enforces compliance with International Humanitarian
Law.
(e) “Attack directed against any civilian population” means a course of conduct involving
the multiple commission of acts referred to in Section 6 of this Act against any
civilian population, pursuant to or in furtherance of a State or organizational policy

to commit such attack.
(f) “Effective command and control” or “effective authority and control” means having the
material ability to prevent and punish the commission of offences by subordinates.
(g) “Enforced or involuntary disappearance of persons” means the arrest, detention,

or abduction of persons by, or with the authorization, support or acquiescence
of, a State or a political organization followed by a refusal to acknowledge that
deprivation of freedom or to give information on the fate or whereabouts of those
persons, with the intention of removing them from the protection of the law for a
prolonged period of time.
AaCTID
(h) “Enslavement” means the exercise of any or all of the powers attaching to the right of
ownership over a person and includes the exercise of such power in the course of
trafficking in persons, in particular women and children.
(i) “Extermination” means the intentional infliction of conditions of life, inter alia, the
deprivation of access to food and medicine, calculated to bring about the destruction
of a part of a population.
(j) “Forced pregnancy” means the unlawful confinement of a woman to be forcibly made

pregnant, with the intent of affecting the ethnic composition of any population or
carrying out other grave violations of international law.
(k) “Hors de combat” means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3) has been rendered unconscious or otherwise incapacitated by wounds or

sickness and therefore is incapable of defending himself: Provided, That in
any of these cases, the person abstains from any hostile act and does not
attempt to escape.
(l) “Military necessity” means the necessity of employing measures which are indispensable
to achieve a legitimate aim of the conflict and are not otherwise prohibited by
International Humanitarian Law.
(m) “Non-defended locality” means a locality that fulfills the following conditions:
(1) all combatants, as well as mobile weapons and mobile military equipment, must
have been evacuated;
(2) no hostile use of fixed military installations or establishments must have been
made;
(3) no acts of hostility must have been committed by the authorities or by the
population; and
(4) no activities in support of military operations must have been undertaken.
(n) “No quarter will be given” means refusing to spare the life of anybody, even of persons
manifestly unable to defend themselves or who clearly express their intention to
surrender.
(o) “Perfidy” means acts which invite the confidence of an adversary to lead him/her to
believe he/she is entitled to, or is obliged to accord, protection under the rules of
International Humanitarian Law, with the intent to betray that confidence, including
but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
TcDIaA
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(5) feigning protective status by use of signs, emblems or uniforms of the United

Nations or of a neutral or other State not party to the conflict.
(p) “Persecution” means the intentional and severe deprivation of fundamental rights
contrary to international law by reason of identity of the group or collectivity.
(q) “Protected person” in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether civilian or military; STcaDI
(2) a prisoner of war or any person deprived of liberty for reasons related to an
armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part in
the hostilities in the power of the adverse party;
(4) a person who, before the beginning of hostilities, was considered a stateless
person or refugee under the relevant international instruments accepted by
the parties to the conflict concerned or under the national legislation of the
state of refuge or state of residence;
(5) a member of the medical personnel assigned exclusively to medical purposes or

to the administration of medical units or to the operation of or administration
of medical transports; or
(6) a member of the religious personnel who is exclusively engaged in the work of
their ministry and attached to the armed forces of a party to the conflict, its
medical units or medical transports, or non-denominational, noncombatant
military personnel carrying out functions similar to religious personnel.
(r) “Superior” means:
(1) a military commander or a person effectively acting as a military commander; or
(2) any other superior, in as much as the crimes arose from activities within the
effective authority and control of that superior.
(s) “Torture” means the intentional infliction of severe pain or suffering, whether physical,
mental, or psychological, upon a person in the custody or under the control of the
accused; except that torture shall not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions.
(t) “Works and installations containing dangerous forces” means works and installations
the attack of which may cause the release of dangerous forces and consequent
severe losses among the civilian population, namely: dams, dikes, and nuclear,
electrical generation stations.
CHAPTER III
Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity
SECTION 4. War Crimes. — For the purpose of this Act, «war crimes» or «crimes against
International Humanitarian Law» means: EDSAac
(a) In case of an international armed conflict, grave breaches of the Geneva Conventions
of 12 August 1949, namely, any of the following acts against persons or property
protected under the provisions of the relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by military

necessity and carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the rights of fair
and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner of war or other protected person to serve in the forces of

a hostile power; and
(9) Unjustifiable delay in the repatriation of prisoners of war or other protected

persons.
(b) In case of a non-international armed conflict, serious violations of common Article 3

to the four (4) Geneva Conventions of 12 August 1949, namely, any of the following
acts committed against persons taking no active part in the hostilities, including
members of the armed forces who have laid down their arms and those placed hors
de combat by sickness, wounds, detention or any other cause: IAEcCa
(1) Violence to life and person, in particular, willful killings, mutilation, cruel
treatment and torture;
(2) Committing outrages upon personal dignity, in particular, humiliating and

degrading treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying out of executions without previous
judgment pronounced by a regularly constituted court, affording all judicial
guarantees which are generally recognized as indispensable. HAaScT
(c) Other serious violations of the laws and customs applicable in armed conflict, within
the established framework of international law, namely:
(1) Intentionally directing attacks against the civilian population as such or against

individual civilians not taking direct part in hostilities;
(2) Intentionally directing attacks against civilian objects, that is, objects which are
not military objectives;
(3) Intentionally directing attacks against buildings, material, medical units and
transport, and personnel using the distinctive emblems of the Geneva
Conventions or Additional Protocol III in conformity with international law;
(4) Intentionally directing attacks against personnel, installations, material, units

or vehicles involved in a humanitarian assistance or peacekeeping mission in
accordance with the Charter of the United Nations, as long as they are entitled
to the protection given to civilians or civilian objects under the international

law of armed conflict;
(5) Launching an attack in the knowledge that such attack will cause incidental loss
of life or injury to civilians or damage to civilian objects or widespread, long-
term and severe damage to the natural environment which would be excessive
in relation to the concrete and direct military advantage anticipated; DTAESI
(6) Launching an attack against works or installations containing dangerous forces

in the knowledge that such attack will cause excessive loss of life, injury to
civilians or damage to civilian objects, and causing death or serious injury to
body or health;
(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or

buildings which are undefended and which are not military objectives, or
making non-defended localities or demilitarized zones the object of attack;
(8) Killing or wounding a person in the knowledge that he/she is hors de
combat, including a combatant who, having laid down his/her arms or no
longer having means of defense, has surrendered at discretion;
(9) Making improper use of a flag of truce, of the flag or the military insignia and
uniform of the enemy or of the United Nations, as well as of the distinctive
emblems of the Geneva Conventions or other protective signs under
International Humanitarian Law, resulting in death, serious personal injury
or capture;
(10) Intentionally directing attacks against buildings dedicated to religion,

education, art, science or charitable purposes, historic monuments, hospitals
and places where the sick and wounded are collected, provided they are not
military objectives. In case of doubt whether such building or place has been
used to make an effective contribution to military action, it shall be presumed
not to be so used;
(11) Subjecting persons who are in the power of an adverse party to physical
mutilation or to medical or scientific experiments of any kind, or to removal
of tissue or organs for transplantation, which are neither justified by the
medical, dental or hospital treatment of the person concerned nor carried
out in his/her interest, and which cause death to or seriously endanger the
health of such person or persons;
(12) Killing, wounding or capturing an adversary by resort to perfidy;
(13) Declaring that no quarter will be given;

(14) Destroying or seizing the enemy’s property unless such destruction or seizure

is imperatively demanded by the necessities of war;
(15) Pillaging a town or place, even when taken by assault;
(16) Ordering the displacement of the civilian population for reasons related to
the conflict, unless the security of the civilians involved or imperative military
reasons so demand;
(17) Transferring, directly or indirectly, by the occupying power of parts of its own

civilian population into the territory it occupies, or the deportation or transfer
of all or parts of the population of the occupied territory within or outside this
territory;
(18) Committing outrages upon personal dignity, in particular, humiliating and

degrading treatment;
(19) Committing rape, sexual slavery, enforced prostitution, forced pregnancy,

enforced sterilization, or any other form of sexual violence also constituting
a grave breach of the Geneva Conventions or a serious violation of common
Article 3 to the Geneva Conventions;
(20) Utilizing the presence of a civilian or other protected person to render certain

points, areas or military forces immune from military operations;
(21) Intentionally using starvation of civilians as a method of warfare by depriving

them of objects indispensable to their survival, including willfully impeding
relief supplies as provided for under the Geneva Conventions and their
Additional Protocols; HcaDIA
(22) In an international armed conflict, compelling the nationals of the hostile party
to take part in the operations of war directed against their own country, even
if they were in the belligerent’s service before the commencement of the war;
(23) In an international armed conflict, declaring abolished, suspended or

inadmissible in a court of law the rights and actions of the nationals of the
hostile party;
(24) Committing any of the following acts;
(i) Conscripting, enlisting or recruiting children under the age of fifteen (15)

years into the national armed forces;
(ii) Conscripting, enlisting or recruiting children under the age of eighteen

(18) years into an armed force or group other than the national armed
forces; and
(iii) Using children under the age of eighteen (18) years to participate actively
in hostilities; and
(25) Employing means of warfare which are prohibited under international law, such as:
(i) Poison or poisoned weapons;
(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or

devices;
(iii) Bullets which expand or flatten easily in the human body, such as bullets with
hard envelopes which do not entirely cover the core or are pierced with
incisions; and
(iv) Weapons, projectiles and material and methods of warfare which are of the
nature to cause superfluous injury or unnecessary suffering or which are
inherently indiscriminate in violation of the international law of armed
conflict.
Any person found guilty of committing any of the acts specified herein shall suffer the
penalty provided under Section 7 of this Act.
SECTION 5. Genocide. — (a) For the purpose of this Act, «genocide» means any of the
following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social
or any other similar stable and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
(b) It shall be unlawful for any person to directly and publicly incite others to commit
genocide.
Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of
this section shall suffer the penalty provided under Section 7 of this Act. CSHEca
SECTION 6. Other Crimes Against Humanity. — For the purpose of this Act, «other crimes
against humanity» means any of the following acts when committed as part of a widespread or
systematic attack directed against any civilian population, with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental

rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or

any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national,

ethnic, cultural, religious, gender, sexual orientation or other grounds that are
universally recognized as impermissible under international law, in connection with
any act referred to in this paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar character intentionally causing great suffering, or

serious injury to body or to mental or physical health. IaTSED
Any person found guilty of committing any of the acts specified herein shall suffer the
penalty provided under Section 7 of this Act.
CHAPTER IV
Penal Provisions
SECTION 7. Penalties. — Any person found guilty of committing any of the acts provided
under Sections 4, 5 and 6 of this Act shall suffer the penalty of reclusion temporal in its medium to
maximum period and a fine ranging from One hundred thousand pesos (Php100,000.00) to Five
hundred thousand pesos (Php500,000.00).
When justified by the extreme gravity of the crime, especially where the commission
of any of the crimes specified herein results in death or serious physical injury, or constitutes
rape, and considering the individual circumstances of the accused, the penalty of reclusion
perpetua and a fine ranging from Five hundred thousand pesos (Php500,000.00) to One million
pesos (Php1,000,000.00) shall be imposed.
Any person found guilty of inciting others to commit genocide referred to in Section 5 (b) of
this Act shall suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten
thousand pesos (Php10,000.00) to Twenty thousand pesos (Php20,000.00).
In addition, the court shall order the forfeiture of proceeds, property and assets derived,
directly or indirectly, from that crime, without prejudice to the rights of bona fide third (3rd) parties.
The court shall also impose the corresponding accessory penalties under the Revised Penal Code,
especially where the offender is a public officer.
CHAPTER V
Some Principles of Criminal Liability
SECTION 8. Individual Criminal Responsibility. — (a) In addition to existing provisions

in Philippine law on principles of criminal responsibility, a person shall be criminally liable as
principal for a crime defined and penalized in this Act if he/she:
(1) Commits such a crime, whether as an individual, jointly with another or through another
person, regardless of whether that other person is criminally responsible;
(2) Orders, solicits or induces the commission of such a crime which in fact occurs or is
attempted;
(3) In any other way contributes to the commission or attempted commission of such a
crime by a group of person acting with a common purpose. Such contribution shall
be intentional and shall either:
(i) be made with the aim of furthering the criminal activity or criminal purpose of
the group, where such activity or purpose involves the commission of a crime
defined in this Act; or
(ii) be made in the knowledge of the intention of the group to commit the crime.
(b) A person shall be criminally liable as accomplice for facilitating the commission of a
crime defined and penalized in this Act if he/she aids, abets or otherwise assists in its commission
or attempted commission, including providing the means for its commission. cCSDTI
(c) A person shall be criminally liable for a crime defined and penalized in this Act if he/
she attempts to commit such a crime by taking action that commences its execution by means
of a substantial step, but the crime does not occur because of circumstances independent of the
person’s intention. However, a person who abandons the effort to commit the crime or otherwise
prevents the completion of the crime shall not be liable for punishment under this Act for the
attempt to commit the same if he/she completely and voluntarily gave up the criminal purpose.
SECTION 9. Irrelevance of Official Capacity. — This Act shall apply equally to all persons
without any distinction based on official capacity. In particular, official capacity as a head of
state or government, a member of a government or parliament, an elected representative or a

government official shall in no case exempt a person from criminal responsibility under this Act,
nor shall it, in and of itself, constitute a ground for reduction of sentence. However:
(a) Immunities or special procedural rules that may be attached to the official capacity of
a person under Philippine law other than the established constitutional immunity
from suit of the Philippine President during his/her tenure, shall not bar the court
from exercising its jurisdiction over such a person; and
(b) Immunities that may be attached to the official capacity of a person under international
law may limit the application of this Act, but only within the bounds established
under international law.
SECTION 10. Responsibility of Superiors. — In addition to other grounds of criminal

responsibility for crimes defined and penalized under this Act, a superior shall be criminally
responsible as a principal for such crimes committed by subordinates under his/her effective
command and control, or effective authority and control as the case may be, as a result of his/her
failure to properly exercise control over such subordinates, where:
(a) That superior either knew or, owing to the circumstances at the time, should have
known that the subordinates were committing or about to commit such crimes;
(b) That superior failed to take all necessary and reasonable measures within his/her power
to prevent or repress their commission or to submit the matter to the competent
authorities for investigation and prosecution.
SECTION 11. Nonprescription. — The crimes defined and penalized under this Act, their
prosecution, and the execution of sentences imposed on their account, shall not be subject to any
prescription.
SECTION 12. Orders from a Superior. — The fact that a crime defined and penalized under
this Act has been committed by a person pursuant to an order of a government or a superior,
whether military or civilian, shall not relieve that person of criminal responsibility unless all of the
following elements concur: AIECSD
(a) The person was under a legal obligation to obey orders of the government or the
superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other crimes against
humanity are manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
SECTION 13. Protection of Victims and Witnesses. — In addition to existing provisions

in Philippine law for the protection of victims and witnesses, the following measures shall be
undertaken:
(a) The Philippine court shall take appropriate measures to protect the safety, physical
and psychological well-being, dignity and privacy of victims and witnesses. In so
doing, the court shall have regard of all relevant factors, including age, gender and
health, and the nature of the crime, in particular, but not limited to, where the crime
involves sexual or gender violence or violence against children. The prosecutor shall
take such measures particularly during the investigation and prosecution of such
crimes. These measures shall not be prejudicial to or inconsistent with the rights of
the accused and to a fair and impartial trial;
(b) As an exception to the general principle of public hearings, the court may, to protect
the victims and witnesses or an accused, conduct any part of the proceedings in
camera or allow the presentation of evidence by electronic or other special means.
In particular, such measures shall be implemented in the case of a victim of sexual
violence or a child who is a victim or is a witness, unless otherwise ordered by the
court, having regard to all the circumstances, particularly the views of the victim or
witness;
(c) Where the personal interests of the victims are affected, the court shall permit their
views and concerns to be presented and considered at stages of the proceedings
determined to be appropriate by the court in a manner which is not prejudicial to
or inconsistent with the rights of the accused and a fair and impartial trial. Such
views and concerns may be presented by the legal representatives of the victims
where the court considers it appropriate in accordance with the established rules of
procedure and evidence; and aDcHIC
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the
grave endangerment of the security of a witness or his/her family, the prosecution
may, for the purposes of any proceedings conducted prior to the commencement
of the trial, withhold such evidence or information and instead submit a summary
thereof. Such measures shall be exercised in a manner which is not prejudicial to or
inconsistent with the rights of the accused and to a fair and impartial trial.
SECTION 14. Reparations to Victims. — In addition to existing provisions in Philippine law

and procedural rules for reparations to victims, the following measures shall be undertaken:
(a) The court shall follow principles relating to reparations to, or in respect of, victims,
including restitution, compensation and rehabilitation. On this basis, in its decision,
the court may, either upon request or on its own motion in exceptional circumstances,
determine the scope and extent of any damage, loss and injury to, or in respect of,
victims and state the principles on which it is acting;
(b) The court may make an order directly against a convicted person specifying appropriate
reparations to, or in respect of, victims, including restitution, compensation and
rehabilitation; and
(c) Before making an order under this section, the court may invite and shall take account
of representations from or on behalf of the convicted person, victims or other
interested persons.
Nothing in this section shall be interpreted as prejudicing the rights of victims under
national or international law.
CHAPTER VII
Applicability of International Law and Other Laws
SECTION 15. Applicability of International Law. — In the application and interpretation of

this Act, Philippine courts shall be guided by the following sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Geneva Conventions I-IV, their 1977 Additional Protocols I and II and their
2005 Additional Protocol III;
(c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict, its First Protocol and its 1999 Second Protocol; HCSDca
(d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the
Involvement of Children in Armed Conflict;
(e) The rules and principles of customary international law;
(f) The judicial decisions of international courts and tribunals;
(g) Relevant and applicable international human rights instruments;
(h) Other relevant international treaties and conventions ratified or acceded to by the

Republic of the Philippines; and
(i) Teachings of the most highly qualified publicists and authoritative commentaries

on the foregoing sources as subsidiary means for the determination of rules of
international law.
SECTION 16. Suppletory Application of the Revised Penal Code and Other General or

Special Laws. — The provisions of the Revised Penal Code and other general or special laws shall
have a suppletory application to the provisions of this Act.
CHAPTER VIII
Jurisdiction
SECTION 17. Jurisdiction. — The State shall exercise jurisdiction over persons, whether
military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless
of where the crime is committed, provided, any one of the following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with
the investigation or prosecution of a crime punishable under this Act if another court or
international tribunal is already conducting the investigation or undertaking the prosecution of
such crime. Instead, the authorities may surrender or extradite suspected or accused persons in
the Philippines to the appropriate international court, if any, or to another State pursuant to the
applicable extradition laws and treaties. HSEcTC
No criminal proceedings shall be initiated against foreign nationals suspected or accused

of having committed the crimes defined and penalized in this Act if they have been tried by a
competent court outside the Philippines in respect of the same offense and acquitted, or having
been convicted, already served their sentence.
SECTION 18. Philippine Courts, Prosecutors and Investigators. — The Regional Trial Courts
of the Philippines shall have original and exclusive jurisdiction over the crimes punishable
under this Act. Their judgments may be appealed or elevated to the Court of Appeals and to the
Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable
under this Act. For these cases, the Commission on Human Rights, the Department of Justice,
the Philippine National Police or other concerned law enforcement agencies shall designate
prosecutors or investigators as the case may be.
The State shall ensure that judges, prosecutors and investigators, especially those
designated for purposes of this Act, receive effective training in human rights, International
Humanitarian Law and International Criminal Law.
CHAPTER IX
Final Provisions
SECTION 19. Separability Clause. — If, for any reason or reasons, any part or provision of
this Statute shall be held to be unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby shall continue to be in full force and effect.
SECTION 20. Repealing Clause. — All laws, presidential decrees and issuances, executive
orders, rules and regulations or parts thereof inconsistent with the provisions of this Statute are
hereby repealed or modified accordingly.
SECTION 21. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation. cIEHAC
Approved: December 11, 2009

(Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
|||
Against Humanity, Republic Act No. 9851, [December 11, 2009])

March 8, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, 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”. ISCcAT
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 her child. BenchStat
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 marital 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 victim’s 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 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” refer 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 to 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
or access 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 money 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;
EHaCID
(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 or denial 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 prision
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 (2) 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 (P300,000.00); (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 complainant.
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 should
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 to the residence, remain there
until respondent has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and any 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 the 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 temporary shelter
and other social services that the 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);
AcHSEa
(e) police officers, preferably those in charge of women and children’s desks;

(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) at least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal
knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. — Applications for BPOs shall follow the
rules on venue under Section 409 of the Local Government Code of 1991 and its implementing
rules and regulations. An application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court with territorial
jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court
exists in the place of residence of the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. — The application for a protection
order must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as an incidental relief in any civil or criminal case the subject matter or issues
thereof partakes of a violence as described in this Act. A standard protection order application
form, written in English with translation to the major local languages, shall be made available
to facilitate applications for protection orders, and shall contain, among others, the following
information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another
court.
If the applicant is not the victim, the application must be accompanied by an affidavit of
the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filing of the application. When disclosure
of the address of the victim will pose danger to her life, it shall be so stated in the application. In
such a case, the applicant shall attest that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and shall provide a mailing address for purposes of service
processing.
An application for protection order filed with a court shall be considered an application for
both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the
application. Law enforcement agents shall also extend assistance in the application for protection
orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. — All TPOs and PPOs issued under this Act
shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with
a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for a Protection Order. — If the woman or her
child requests in the application 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 its 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 sections 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 Applications 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. aTcESI
A judgment of violation of a BPO may 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 criminal cases and/or shall be included in the civil
actions deemed impliedly instituted with the criminal actions involving violence against women
and their children.
SECTION 23. Bond to Keep the Peace. — The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period
which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable
under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section
5(g) to 5(i).
The protection orders referred to in this section are the TPOs and the PPOs issued only by
the courts.
SECTION 24. Prescriptive Period. — Acts falling under Sections 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under Sections 5(g) to 5(i) shall prescribe in ten (10) years.
SECTION 25. Public Crime. — Violence against women and their children shall be considered
a public offense which may be prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. — Victim-survivors who are found
by the courts to be suffering from battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for justifying circumstances of self-
defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted by
expert psychiatrists/psychologists.
SECTION 27. Prohibited Defense. — Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. — The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old or 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 dwelling if 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 belongings 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 Barangay or by
the courts;
(g) arrest the suspected perpetrator even without 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 LGUs 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
the 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 from the PAO of the Department of Justice (DOJ) or any public
legal assistance office;
(c) to be entitled to support services from the DSWD and LGUs;
(d) to be entitled to all legal remedies and support as provided for under the Family Code;
and CTSAaH
(e) to be informed of their rights and the services available to them including their right to
apply for a protection order.
SECTION 36. Damages. — Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. — The court shall expedite the process of issuance of a
hold departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. — If the victim is
an indigent or there is an immediate necessity due to imminent danger or threat of danger to act
on an application for a protection order, the court shall accept the application without payment
of the filing fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC).
— In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council
on Violence Against Women and their Children, hereinafter known as the Council, which shall be
composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);

(d) Commission on Human Rights (CHR);
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based
on their mandates as well as develop capability programs for their employees to become more
sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards
to VAW initiatives.
The Council members may designate their duly authorized representative who shall have
a rank not lower than an assistant secretary or its equivalent. These representatives shall attend
Council meetings in their behalf, and shall receive emoluments as may be determined by the
Council in accordance with existing budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. — The DSWD, and LGUs 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 LGUs, 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. Entitlement to Leave. — Victims under this Act shall be entitled to take a paid
leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity arises as specified in the protection
order.
Any employer who shall prejudice the right of the person under this section shall be
penalized in accordance with the provisions of the Labor Code and Civil Service Rules and
Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee
who is a victim under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. — All records pertaining to cases of violence against women
and their children including those in the barangay shall be confidential and all public officers
and employees and public or private clinics to hospitals shall respect the right to privacy of the
victim. Whoever publishes or causes to be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying information of a victim or an
immediate family member, without the latter’s consent, shall be liable to the contempt power of
the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment
and a fine of not more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding. — The amount necessary to implement the provisions of this Act
shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGUs shall be
used to implement services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. — Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three
(3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application. — For purposes of this Act, the Revised Penal Code and
other applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. — If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.
SECTION 49. Repealing Clause. — All laws, presidential decrees, executive orders and rules
and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
SECTION 50. Effectivity. — This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation. SaITHC
Approved: March 8, 2004

Published in Today and the Manila Times on March 12, 2004.
||| (Anti-Violence Against Women and their Children Act of 2004, Republic Act No. 9262, [March 8, 2004])
April 28, 2006
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING

THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
TITLE I
Governing Principles
CHAPTER 1
Title, Policy and Definition of Terms
SECTION 1. Short Title and Scope. — This Act shall be known as the “Juvenile Justice and
Welfare Act of 2006.” It shall cover the different stages involving children at risk and children in
conflict with the law from prevention to rehabilitation and reintegration.
SECTION 2. Declaration of State Policy. — The following State policies shall be observed at
all times:
(a) The State recognizes the vital role of children and youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual and social well-
being. It shall inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs.
(b) The State shall protect the best interests of the child through measures that will ensure
the observance of international standards of child protection, especially those to
which the Philippines is a party. Proceedings before any authority shall be conducted
in the best interest of the child and in a manner which allows the child to participate
and to express himself/herself freely. The participation of children in the program
and policy formulation and implementation related to juvenile justice and welfare
shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including proper care
and nutrition, and special protection from all forms of neglect, abuse, cruelty and
exploitation, and other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child,
the State recognizes the right of every child alleged as, accused of, adjudged, or
recognized as, having infringed the penal law to be treated in a manner consistent
with the promotion of the child’s sense of dignity and worth, taking into account
the child’s age and desirability of promoting his/her reintegration. Whenever
appropriate and desirable, the State shall adopt measures for dealing with such
children without resorting to judicial proceedings, providing that human rights and
legal safeguards are fully respected. It shall ensure that children are dealt with in
a manner appropriate to their well-being by providing, among others, a variety of
disposition measures such as care, guidance and supervision orders, counseling,
probation, foster care, education and vocational training programs and other
alternative to institutional care.
(e) The administration of the juvenile justice and welfare system shall take into consideration
the cultural and religious perspectives of the Filipino people, particularly the
indigenous peoples and the Muslims, consistent with the protection of the rights of
children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies and
programs applicable to children in conflict with the law.
SECTION 3. Liberal Construction of this Act. — In case of doubt, the interpretation of any
of the provisions of this Act, including its implementing rules and regulations (IRRs), shall be
construed liberally in favor of the child in conflict with the law.
SECTION 4. Definition of Terms. — The following terms as used in this Act shall be defined
as follows:
(a) “Bail” refers to the security given for the release of the person in custody of the law,
furnished by him/her or a bondsman, to guarantee his/her appearance before any
court. Bail may be given in the form of corporate security, property bond, cash
deposit, or recognizance.
(b) “Best Interest of the Child” refers to the totality of the circumstances and conditions
which are most congenial to the survival, protection and feelings of security of the
child and most encouraging to the child’s physical, psychological and emotional
development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.
(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “Child at Risk” refers to a child who is vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances, such as, but
not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are
unwilling, or, unable to provide protection for the child;
EcSCHD
(2) being exploited including sexually or economically;

(3) being abandoned or neglected, and after diligent search and inquiry, the parent
or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) “Child in Conflict with the Law” refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
(f) “Community-based Programs” refers to the programs provided in a community setting
developed for purposes of intervention and diversion, as well as rehabilitation of the
child in conflict with the law, for reintegration into his/her family and/or community.
(g) “Court” refers to a family court or, in places where there are no family courts, any regional
trial court.
(h) “Deprivation of Liberty” refers to any form of detention or imprisonment, or to the
placement of a child in conflict with the law in a public or private custodial setting,
from which the child in conflict with the law is not permitted to leave at will by order
of any judicial or administrative authority.
(i) “Diversion” refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/
her social, cultural, economic, psychological or educational background without
resorting to formal court proceedings.
(j) “Diversion Program” refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without resorting
to formal court proceedings.
(k) “Initial Contact With the Child” refers to the apprehension or taking into custody of
a child in conflict with the law by law enforcement officers or private citizens. It
includes the time when the child alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure
or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not
require preliminary investigation or where there is no necessity to place the child
alleged to be in conflict with the law under immediate custody.
(l) “Intervention” refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized
treatment program which may include counseling, skills training, education, and
other activities that will enhance his/her psychological, emotional and psycho-
social well-being.
AcaEDC
(m) “Juvenile Justice and Welfare System” refers to a system dealing with children at risk
and children in conflict with the law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal growth and development.
(n) “Law Enforcement Officer” refers to the person in authority or his/her agent as defined
in Article 152 of the Revised Penal Code, including a barangay tanod.
(o) “Offense” refers to any act or omission whether punishable under special laws or the
Revised Penal Code, as amended.
(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a parent or
custodian who shall be responsible for the appearance in court of the child in conflict
with the law, when required.
(q) “Restorative Justice” refers to a principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the community. It
seeks to obtain reparation for the victim; reconciliation of the offender, the offended
and the community; and reassurance to the offender that he/she can be reintegrated
into society. It also enhances public safety by activating the offender, the victim and
the community in prevention strategies.
(r) “Status Offenses” refers to offenses which discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts. These shall include
curfew violations, truancy, parental disobedience and the like.
(s) “Youth Detention Home” refers to a 24-hour child-caring institution managed by
accredited local government units (LGUs) and licensed and/or accredited non-
government organizations (NGOs) providing short-term residential care for children
in conflict with the law who are awaiting court disposition of their cases or transfer
to other agencies or jurisdiction.
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility managed by
the Department of Social Welfare and Development (DSWD), LGUs, licensed and/
or accredited NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law. Rehabilitation services
are provided under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them
into their families and communities as socially functioning individuals. Physical
mobility of residents of said centers may be restricted pending court disposition of
the charges against them.

(u) “Victimless Crimes” refers to offenses where there is no private offended party.
CHAPTER 2
Principles in the Administration of Juvenile Justice and Welfare
SECTION 5. Rights of the Child in Conflict with the Law. — Every child in conflict with the
law shall have the following rights, including but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading, treatment
or punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment,
without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, or his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest
appropriate period of time;
(d) the right to be treated with humanity and respect for the inherent dignity of the person,
and in a manner which takes into account the needs of a person of his/her age. In
particular, a child deprived of liberty shall be separated from adult offenders at all
times. No child shall be detained together with adult offenders. He/She shall be
conveyed separately to or from court. He/She shall await hearing of his/her own
case in a separate holding area. A child in conflict with the law shall have the right
to maintain contact with his/her family through correspondence and visits, save in
exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right
to challenge the legality of the deprivation of his/her liberty before a court or other
competent, independent and impartial authority, and to a prompt decision on such
action;
EScAID
(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in his/her own behalf under the rule on examination of
a child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/
her best interest, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and
where discretion is given by law to the judge to determine whether to impose fine
or imprisonment, the imposition of fines being preferred as the more appropriate
penalty;
(l) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation
Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and DISHEA
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice or “Beijing Rules”, United Nations Guidelines for the
Prevention of Juvenile Delinquency or the “Riyadh Guidelines”, and the United Nations Rules for
the Protection of Juveniles Deprived of Liberty.
SECTION 6. Minimum Age of Criminal Responsibility. — A child fifteen (15) years of age
or under at the time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant to Section 20 of this
Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she
has acted with discernment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from
civil liability, which shall be enforced in accordance with existing laws.
SECTION 7. Determination of Age. — The child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until
he/she is proven to be eighteen (18) years old or older. The age of a child may be determined
from the child’s birth certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the child himself/herself,
testimonies of other persons, the physical appearance of the child and other relevant evidence.
In case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing
of the information in any appropriate court may file a case in a summary proceeding for the
determination of age before the Family Court which shall decide the case within twenty-four (24)
hours from receipt of the appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the main
case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government
officials concerned shall exert all efforts at determining the age of the child in conflict with the
law.
TITLE II
Structures in the Administration of Juvenile Justice and Welfare
SECTION 8. Juvenile Justice and Welfare Council (JJWC). — A Juvenile Justice and Welfare
Council (JJWC) is hereby created and attached to the Department of Justice and placed under its
administrative supervision. The JJWC shall be chaired by an undersecretary of the Department
of Social Welfare and Development. It shall ensure the effective implementation of this Act and
coordination among the following agencies:
(a) Council for the Welfare of Children (CWC);
(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney’s Office (PAO);
(e) Bureau of Corrections (BUCOR);
(f) Parole and Probation Administration (PPA);
(g) National Bureau of Investigation (NBI);
(h) Philippine National Police (PNP);
(i) Bureau of Jail Management and Penology (BJMP);
(j) Commission on Human Rights (CHR);
(k) Technical Education and Skills Development Authority (TESDA);
(l) National Youth Commission (NYC); and
(m) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall be lower than director,
to be designated by the concerned heads of the following departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC);
(d) Department of Education (DepEd); DHTCaI
(e) Department of the Interior and Local Government (DILG);

(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice
and the other to be designated by the Secretary of Social Welfare and Development.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Justice and the Secretary of Social Welfare and Development shall determine the
organizational structure and staffing pattern of the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine
Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties
and functions, as herein provided.
SECTION 9. Duties and Functions of the JJWC. — The JJWC shall have the following duties
and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and
welfare;
(c) To assist the concerned agencies in the review and redrafting of existing policies/
regulations or in the formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention
program, with the participation of government agencies concerned, NGOs and youth
organization;
(e) To coordinate the implementation of the juvenile intervention programs and activities
by national government agencies and other activities which may have an important
bearing on the success of the entire national juvenile intervention program. All
programs relating to juvenile justice and welfare shall be adopted in consultation
with the JJWC;
(f) To formulate and recommend policies and strategies in consultation with children for
the prevention of juvenile delinquency and the administration of justice, as well as
for the treatment and rehabilitation of the children in conflict with the law;
(g) To collect relevant information and conduct continuing research and support evaluations
and studies on all matters relating to juvenile justice and welfare, such as, but not
limited to:
(1) the performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;
(2) the periodic trends, problems and causes of juvenile delinquency and crimes;
and
(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.
The JJWC shall setup a mechanism to ensure that children are involved in
research and policy development.
(h) Through duly designated persons and with the assistance of the agencies provided in
the preceding section, to conduct regular inspections in detention and rehabilitation
facilities and to undertake spot inspections on their own initiative in order to
check compliance with the standards provided herein and to make the necessary
recommendations to appropriate agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the
juvenile intervention program;

(j) To submit an annual report to the President on the implementation of this Act; and
(k) To perform such other functions as may be necessary to implement the provisions of
this Act.
SECTION 10. Policies and Procedures on Juvenile Justice and Welfare. — All government
agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year
from the effectivity of this Act, draft policies and procedures consistent with the standards set
in the law. These policies and procedures shall be modified accordingly in consultation with
the JJWC upon the completion of the national juvenile intervention program as provided under
Section 9 (d).
SECTION 11. Child Rights Center (CRC). — The existing Child Rights Center of the
Commission on Human Rights shall ensure that the status, rights and interests of children are
upheld in accordance with the Constitution and international instruments on human rights.
The CHR shall strengthen the monitoring of government compliance of all treaty obligations,
including the timely and regular submission of reports before the treaty bodies, as well as
the implementation and dissemination of recommendations and conclusions by government
agencies as well as NGOs and civil society.
TITLE III
Prevention of Juvenile Delinquency
CHAPTER 1
The Role of the Different Sectors
SECTION 12. The Family. — The family shall be responsible for the primary nurturing
and rearing of children which is critical in delinquency prevention. As far as practicable and in
accordance with the procedures of this Act, a child in conflict with the law shall be maintained in
his/her family.
SECTION 13. The Educational System. — Educational institutions shall work together
with families, community organizations and agencies in the prevention of juvenile delinquency
and in the rehabilitation and reintegration of child in conflict with the law. Schools shall
provide adequate, necessary and individualized educational schemes for children manifesting
difficult behavior and children in conflict with the law. In cases where children in conflict with
the law are taken into custody or detained in rehabilitation centers, they should be provided
the opportunity to continue learning under an alternative learning system with basic literacy
program or non-formal education accreditation equivalency system. CaSAcH
SECTION 14. The Role of the Mass Media. — The mass media shall play an active role in
the promotion of child rights, and delinquency prevention by relaying consistent messages
through a balanced approach. Media practitioners shall, therefore, have the duty to maintain
the highest critical and professional standards in reporting and covering cases of children in
conflict with the law. In all publicity concerning children, the best interest of the child should be
the primordial and paramount concern. Any undue, inappropriate and sensationalized publicity
of any case involving a child in conflict with the law is hereby declared a violation of the child’s
rights.
SECTION 15. Establishment and Strengthening of Local Councils for the Protection of
Children. — Local Councils for the Protection of Children (LCPC) shall be established in all levels
of local government, and where they have already been established, they shall be strengthened
within one (1) year from the effectivity of this Act. Membership in the LCPC shall be chosen from
among the responsible members of the community, including a representative from the youth
sector, as well as representatives from government and private agencies concerned with the
welfare of children.
The local council shall serve as the primary agency to coordinate with and assist the LGU
concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee
its proper implementation.
One percent (1%) of the internal revenue allotment of barangays, municipalities and
cities shall be allocated for the strengthening and implementation of the programs of the
LCPC: Provided, That the disbursement of the fund shall be made by the LGU concerned.
SECTION 16. Appointment of Local Social Welfare and Development Officer. — All LGUs shall
appoint a duly licensed social worker as its local social welfare and development officer tasked
to assist children in conflict with the law.
SECTION 17. The Sangguniang Kabataan. — The Sangguniang Kabataan (SK) shall
coordinate with the LCPC in the formulation and implementation of a juvenile intervention and
diversion programs in the community.
CHAPTER 2
Comprehensive Juvenile Intervention Program
SECTION 18. Development of a Comprehensive Juvenile Intervention Program. — A
comprehensive juvenile intervention program covering at least a 3-year period shall be
instituted in LGUs from the barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their respective juvenile
intervention programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly
the child-focused institutions, NGOs, people’s organizations, educational institutions, and
government agencies involved in delinquency prevention to participate in the planning process
and implementation of juvenile intervention programs. Such programs shall be implemented
consistent with the national program formulated and designed by the JJWC.
The implementation of the comprehensive juvenile intervention program shall be
reviewed and assessed annually by the LGUs in coordination with the LCPC. Results of the
assessment shall be submitted by the provincial and city governments to the JJWC not later
than March 30 of every year. AECIaD
SECTION 19. Community-based Programs on Juvenile Justice and Welfare. — Community-

based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC,
school, youth organizations and other concerned agencies. The LGUs shall provide community-
based services which respond to the special needs, problems, interests and concerns of
children and which offer appropriate counseling and guidance to them and their families. These
programs shall consist of three levels:
(a) Primary intervention includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal
justice system and other measures to prevent reoffending:
TITLE IV
Treatment of Children Below the Age of Criminal Responsibility
SECTION 20. Children Below the Age of Criminal Responsibility. — If it has been determined
that the child taken into custody is fifteen (15) years old or below, the authority which will have
an initial contact with the child has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child’s nearest relative. Said authority
shall give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly registered nongovernmental
or religious organization; a barangay official or a member of the Barangay Council for the
Protection of Children-(BCPC); a local social welfare and development officer; or, when and
where appropriate, the DSWD. If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by his parents, or in
the event that the parents will not comply with the prevention program, the proper petition
for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and
Development Office pursuant to Presidential Decree No. 603, otherwise known as “The Child and
Youth Welfare Code”.

TITLE V
Juvenile Justice and Welfare System
CHAPTER 1
Initial Contact With the Child
SECTION 21. Procedure for Taking the Child into Custody. — From the moment a child is
taken into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand
why he/she is being placed under custody and the offense that he/she allegedly
committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her; cdphil
(c) Properly identify himself/herself and present proper identification to the child;

(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or another instruments of
force or restraint, unless absolutely necessary and only after all other methods of
control have been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of
the child to the Social Welfare and Development Office or other accredited NGOs,
and notify the child’s parents/guardians and Public Attorneys’ Office of the child’s
apprehension. The social welfare and development officer shall explain to the child
and the child’s parents/guardians the consequences of the child’s act with a view
towards counseling and rehabilitation, diversion from the criminal justice system,
and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential
unless otherwise ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the same;

(k) Ensure that should detention of the child in conflict with the law be necessary, the
child shall be secured in quarters separate from that of the opposite sex and adult
offenders;
(l) Record the following in the initial investigation:
(1) Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
(2) That the parents or guardian of a child, the DSWD, and the PAO have been duly
informed of the apprehension and the details thereof; and
(3) The exhaustion of measures to determine the age of a child and the precise details
of the physical and medical examination or the failure to submit a child to
such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed
by the child’s parents or guardian, social worker, or legal counsel in attendance who
shall affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the
same gender and shall not be locked up in a detention cell. IDTSaC
SECTION 22. Duties During Initial Investigation. — The law enforcement officer shall, in his/
her investigation, determine where the case involving the child in conflict with the law should be
referred.
The taking of the statement of the child shall be conducted in the presence of the
following: (1) child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office; (2) the child’s parents, guardian, or nearest relative, as the case may be; and (3)
the local social welfare and development officer. In the absence of the child’s parents, guardian,
or nearest relative, and the local social welfare and development officer, the investigation shall
be conducted in the presence of a representative of an NGO, religious group, or member of the
BCPC.
After the initial investigation, the local social worker conducting the same may do either
of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.
CHAPTER 2
Diversion
SECTION 23. System of Diversion. — Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings subject to the conditions herein
provided:
(a) Where the imposable penalty for the crime committed is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance
of the local social welfare and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and, where appropriate,
adopt indigenous modes of conflict resolution in accordance with the best interest
of the child with a view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall be present in
these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with
the child and his/her parents or guardians for the development of the appropriate
diversion and rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the court.
SECTION 24. Stages Where Diversion May be Conducted. — Diversion may be conducted
at the Katarungang Pambarangay, the police investigation or the inquest or preliminary
investigation stage and at all levels and phases of the proceedings including judicial level.
SECTION 25. Conferencing, Mediation and Conciliation. — A child in conflict with the law
may undergo conferencing, mediation or conciliation outside the criminal justice system or
prior to his entry into said system. A contract of diversion may be entered into during such
conferencing, mediation or conciliation proceedings.
SECTION 26. Contract of Diversion. — If during the conferencing, mediation or conciliation,
the child voluntarily admits the commission of the act, a diversion program shall be developed
when appropriate and desirable as determined under Section 30. Such admission shall not be
used against the child in any subsequent judicial, quasi-judicial or administrative proceedings.
The diversion program shall be effective and binding if accepted by the parties concerned.
The acceptance shall be in writing and signed by the parties concerned and the appropriate
authorities. The local social welfare and development officer shall supervise the implementation
of the diversion program. The diversion proceedings shall be completed within forty-five (45)
days. The period of prescription of the offense shall be suspended until the completion of the
diversion proceedings but not to exceed forty-five (45) days.
The child shall present himself/herself to the competent authorities that imposed the
diversion program at least once a month for reporting and evaluation of the effectiveness of the
program.
Failure to comply with the terms and conditions of the contract of diversion, as certified
by the local social welfare and development officer, shall give the offended party the option to
institute the appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivity of the
diversion program, but not exceeding a period of two (2) years. SACTIH
SECTION 27. Duty of the Punong Barangay When There is No Diversion. — If the offense
does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not
consent to a diversion, the Punong Barangay handling the case shall, within three (3) days
from determination of the absence of jurisdiction over the case or termination of the diversion
proceedings, as the case may be, forward the records of the case of the child to the law
enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance
of the corresponding document, certifying to the fact that no agreement has been reached by
the parties, the case shall be filed according to the regular process.
SECTION 28. Duty of the Law Enforcement Officer When There is No Diversion. — If the
offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian
does not consent to a diversion, the Women and Children Protection Desk of the PNP, or other
law enforcement officer handling the case shall, within three (3) days from determination of
the absence of jurisdiction over the case or termination of diversion proceedings, forward the
records of the case of the child under custody, to the prosecutor of judge concerned for the
conduct of inquest and/or preliminary investigation to determine whether or not the child
should remain under custody and correspondingly charged in court. The document transmitting
said records shall display the word “CHILD” in bold letters.
SECTION 29. Factors in Determining Diversion Program. — In determining whether
diversion is appropriate and desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SECTION 30. Formulation of the Diversion Program. — In formulating a diversion program,
the individual characteristics and the peculiar circumstances of the child in conflict with the law
shall be used to formulate an individualized treatment.
The following factors shall be considered in formulating a diversion program for the child:
(a) The child’s feelings of remorse for the offense he/she committed;
(b) The parents’ or legal guardians’ ability to guide and supervise the child;
(c) The victim’s view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of
the child.
SECTION 31. Kinds of Diversion Programs. — The diversion program shall include adequate
socio-cultural and psychological responses and services for the child. At the different stages
where diversion may be resorted to, the following diversion programs may be agreed upon, such
as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child’s family;
(7) Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can
lead to repetition of the offense;
(8) Participation in available community-based programs, including community
service; or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs (a) and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine;
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
CHAPTER 3
Prosecution
SECTION 32. Duty of the Prosecutor’s Office. — There shall be a specially trained prosecutor
to conduct inquest, preliminary investigation and prosecution of cases involving a child in
conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with
the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same.

SECTION 33. Preliminary Investigation and Filing of Information. — The prosecutor shall
conduct a preliminary investigation in the following instances: (a) when the child in conflict with
the law does not qualify for diversion; (b) when the child, his/her parents or guardian does not
agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment
and recommendation of the social worker, the prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify
the Public Attorney’s Office of such service, as well as the personal information, and place of
detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the
child shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation.
CHAPTER 4
Court Proceedings
SECTION 34. Bail. — For purpose of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered.
SECTION 35. Release on Recognizance. — Where a child is detained, the court shall order:
(a) the release of the minor or recognizance to his/her parents and other suitable persons; AHDcCT
(b) the release of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/
her case.
SECTION 36. Detention of the Child Pending Trial. — Children detained pending trial may
be released on bail or recognizance as provided for under Sections 34 and 35 under this Act. In
all other cases and whenever possible, detention pending trial may be replaced by alternative
measures, such as close supervision, intensive care or placement with a family or in an
educational setting or home. Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention
homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the
city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the law may
be committed to the care of the DSWD or a local rehabilitation center recognized by the
government in the province, city or municipality within the jurisdiction of the court. The center
or agency concerned shall be responsible for the child’s appearance to court whenever required.
SECTION 37. Diversion Measures. — Where the maximum penalty imposed by law for the
offense with which the child in conflict with the law is charged is imprisonment of not more
than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before
arraignment of the child in conflict with the law, the court shall determine whether or not
diversion is appropriate.
SECTION 38. Automatic Suspension of Sentence. — Once the child who is under eighteen
(18) years of age at the time of the commission of the offense is found guilty of the offense
charged, the court shall determine and ascertain any civil liability which may have resulted
from the offense committed. However, instead of pronouncing the judgment of conviction, the
court shall place the child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/
her guilt.
Upon suspension of sentence and after considering the various circumstances of the
child, the court shall impose the appropriate disposition measures as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law.
SECTION 39. Discharge of the Child in Conflict with the Law. — Upon the recommendation
of the social worker who has custody of the child, the court shall dismiss the case against the
child whose sentence has been suspended and against whom disposition measures have
been issued, and shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting
from the commission of the offense, which shall be enforced in accordance with law.
SECTION 40. Return of the Child in Conflict with the Law to Court. — If the court finds that
the objective of the disposition measures imposed upon the child in conflict with the law have
not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall
be brought before the court for execution of judgment.

If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child in accordance
with this Act, to order execution of sentence, or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum age of twenty-one (21) years.
SECTION 41. Credit in Service of Sentence. — The child in conflict with the law shall be
credited in the services of his/her sentence with the full time spent in actual commitment and
detention under this Act.
SECTION 42. Probation as an Alternative to Imprisonment. — The court may, after it shall
have convicted and sentenced a child in conflict with the law, and upon application at any time,
place the child, on probation in lieu of service of his/her sentence taking into account the best
interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known
as the “Probation Law of 1976,” is hereby amended accordingly.
CHAPTER 5
Confidentiality of Records and Proceedings
SECTION 43. Confidentiality of Records and Proceedings. — All records and proceedings
involving children in conflict with the law from initial contact until final disposition of the
case shall be considered privileged and confidential. The public shall be excluded during the
proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the
parties or the participants in the proceedings for any purpose whatsoever, except to determine
if the child in conflict with the law may have his/her sentence suspended or if he/she may be
granted probation under the Probation Law, or to enforce the civil liability imposed in the
criminal action. IcDCaT
The component authorities shall undertake all measures to protect this confidentiality
of proceedings, including non-disclosure of records to the media, maintaining a separate police
blotter for cases involving children in conflict with the law and adopting a system of coding to
conceal material information which will lead to the child’s identity. Records of a child in conflict
with the law shall not be used in subsequent proceedings for cases involving the same offender
as an adult, except when beneficial for the offender and upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held under any
provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his/
her failure to acknowledge the case or recite any fact related thereto in response to any inquiry
made to him/her for any purpose.
TITLE VI
Rehabilitation and Reintegration
SECTION 44. Objective of Rehabilitation and Reintegration. — The objective of
rehabilitation and reintegration of children in conflict with the law is to provide them with
interventions, approaches and strategies that will enable them to improve their social
functioning with the end goal of reintegration to their families and as productive members of
their communities.
SECTION 45. Court Order Required. — No child shall be received in any rehabilitation or
training facility without a valid order issued by the court after a hearing for the purpose. The
details of this order shall be immediately entered in a register exclusively for children in conflict
with the law. No child shall be admitted in any facility where there is no such register. AHSaTI
SECTION 46. Separate Facilities from Adults. — In all rehabilitation or training facilities, it

shall be mandatory that children shall be separated from adults unless they are members of the
same family. Under no other circumstance shall a child in conflict with the law be placed in the
same confinement as adults.
The rehabilitation, training or confinement area of children in conflict with the law shall
provide a home environment where children in conflict with the law can be provided with
quality counseling and treatment.
SECTION 47. Female Children. — Female children in conflict with the law placed in an
institution shall be given special attention as to their personal needs and problems. They
shall be handled by female doctors, correction officers and social workers, and shall be
accommodated separately from male children in conflict with the law.
SECTION 48. Gender-Sensitivity Training. — No personnel of rehabilitation and training
facilities shall handle children in conflict with the law without having undergone gender
sensitivity training.
SECTION 49. Establishment of Youth Detention Homes. — The LGUs shall set aside an
amount to build youth detention homes as mandated by the Family Courts Act. Youth detention
homes may also be established by private and NGOs licensed and accredited by the DSWD, in
consultation with the JJWC.
SECTION 50. Care and Maintenance of the Child in Conflict with the Law. — The expenses
for the care and maintenance of a child in conflict with the law under institutional care shall be
borne by his/her parents or those persons liable to support him/her: Provided, That in case his/
her parents or those persons liable to support him/her cannot pay all or part of said expenses,
the municipality where the offense was committed shall pay one-third (1/3) of said expenses or
part thereof; the province to which the municipality belongs shall pay one-third (1/3) and the
remaining one-third (1/3) shall be borne by the national government. Chartered cities shall pay
two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said expenses, part of
the internal revenue allotments applicable to the unpaid portion shall be withheld and applied
to the settlement of said obligations: Provided, further, That in the event that the child in conflict
with the law is not a resident of the municipality/city where the offense was committed, the
court, upon its determination, may require the city/municipality where the child in conflict with
the law resides to shoulder the cost.

All city and provincial governments must exert effort for the immediate establishment of
local detention homes for children in conflict with the law.
SECTION 51. Confinement of Convicted Children in Agricultural Camps and other Training
Facilities. — A child in conflict with the law may, after conviction and upon order of the court,
be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be established, maintained, supervised
and controlled by the BUCOR, in coordination with the DSWD.
SECTION 52. Rehabilitation of Children in Conflict with the Law. — Children in conflict
with the law, whose sentences are suspended may, upon order of the court, undergo any or a
combination of disposition measures best suited to the rehabilitation and welfare of the child as
provided in the Supreme Court Rule on Juveniles in Conflict with the Law. DacASC
If the community-based rehabilitation is availed of by a child in conflict with the law, he/
she shall be released to parents, guardians, relatives or any other responsible person in the
community. Under the supervision and guidance of the local social welfare and development
officer, and in coordination with his/her parents/guardian, the child in conflict with the law shall
participate in community-based programs, which shall include, but not limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services;
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to
actively participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by
the local social welfare and development officer to the court for final disposition of the case.
If the community-based programs are provided as diversion measures under Chapter II,
Title V, the programs enumerated above shall be made available to the child in conflict with the
law.
SECTION 53. Youth Rehabilitation Center. — The youth rehabilitation center shall provide
24-hour group care, treatment and rehabilitation services under the guidance of a trained staff
where residents are cared for under a structured therapeutic environment with the end view
of reintegrating them in their families and communities as socially functioning individuals. A
quarterly report shall be submitted by the center to the proper court on the progress of the
children in conflict with the law. Based on the progress of the youth in the center, a final report
will be forwarded to the court for final disposition of the case. The DSWD shall establish youth
rehabilitation centers in each region of the country.
SECTION 54. Objectives of Community-Based Programs. — The objectives of community-
based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the
law in case he/she is studying, working or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians
to maintain the support system fostered by their relationship and to create greater
awareness of their mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and
encourage community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail
detention. aCATSI
SECTION 55. Criteria of Community-Based Programs. — Every LGU shall establish

community-based programs that will focus on the rehabilitation and reintegration of the child.
All programs shall meet the criteria to be established by the JJWC which shall take into account
the purpose of the program, the need for the consent of the child and his/her parents or legal
guardians, and the participation of the child-centered agencies whether public or private.
SECTION 56. After-Care Support Services for Children in Conflict with the Law. — Children
in conflict with the law whose cases have been dismissed by the proper court because of
good behavior as per recommendation of the DSWD social worker and/or any accredited NGO
youth rehabilitation center shall be provided after-care services by the local social welfare and
development officer for a period of at least six (6) months. The service includes counseling and
other community-based services designed to facilitate social reintegration, prevent re-offending
and make the children productive members of the community.
TITLE VII
General Provisions
CHAPTER 1
Exempting Provisions
SECTION 57. Status Offenses. — Any conduct not considered an offense or not penalized
if committed by an adult shall not be considered an offense and shall not be punished if
committed by a child.
SECTION 58. Offenses Not Applicable to Children. — Persons below eighteen (18) years of
age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing
of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the
United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program.
SECTION 59. Exemption from the Application of Death Penalty. — The provisions
of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death
penalty shall be imposed upon children in conflict with the law.
CHAPTER 2
Prohibited Acts
SECTION 60. Prohibition Against Labeling and Shaming. — In the conduct of the
proceedings beginning from the initial contact with the child, the competent authorities must
refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes
or attaching to them in any manner any other derogatory names. Likewise, no discriminatory,
remarks and practices shall be allowed particularly with respect to the child’s class or ethnic
origin.
SECTION 61. Other Prohibited Acts. — The following and any other similar acts shall be
considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral
and physical health and well-being of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature; ACIDTE
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman and cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful substances over the body of the child
in conflict with the law, or forcing him/her to walk around the community wearing
signs which embarrass, humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any
and all instances.
CHAPTER 3
Penal Provision
SECTION 62. Violation of the Provisions of this Act or Rules or Regulations in General. —
Any person who violates any provision of this Act or any rule or regulation promulgated in
accordance thereof shall, upon conviction for each act or omission, be punished by a fine of
not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos
(P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten (10)
years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty
is provided for in the Revised Penal Code or special laws. If the offender is a public officer or
employee, he/she shall, in addition to such fine and/or imprisonment, be held administratively
liable and shall suffer the penalty of perpetual absolute disqualification.
CHAPTER 4
Appropriation Provision
SECTION 63. Appropriations. — The amount necessary to carry out the initial
implementation of this Act shall be charged to the Office of the President. Thereafter, such
sums as may be necessary for the continued implementation of this Act shall be included in the
succeeding General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the
JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office.
TITLE VIII
SECTION 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. — Upon
effectivity of this Act, cases of children fifteen (15) years old and below at the time of the
commission of the crime shall immediately be dismissed and the child shall be referred to
the appropriate local social welfare and development officer. Such officer, upon thorough
assessment of the child, shall determine whether to release the child to the custody of his/
her parents, or refer the child to prevention programs, as provided under this Act. Those with
suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall
likewise be released, unless it is contrary to the best interest of the child.
SECTION 65. Children Detained Pending Trial. — If the child is detained pending trial,
the Family Court shall also determine whether or not continued detention is necessary and,
if not, determine appropriate alternatives for detention. If detention is necessary and he/she
is detained with adults, the court shall immediately order the transfer of the child to a youth
detention home.
SECTION 66. Inventory of “Locked-up” and Detained Children in Conflict with the Law. — The
PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days
from the effectivity of this Act, an inventory of all children in conflict with the law under their
custody.

SECTION 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and
Court Proceedings. — If a child reaches the age of eighteen (18) years pending diversion and
court proceedings, the appropriate diversion authority in consultation with the local social
welfare and development officer or the Family Court in consultation with the Social Services
and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the
appropriate disposition. In case the appropriate court executes the judgment of conviction,
and unless the child in conflict with the law has already availed of probation under, Presidential
Decree No. 603 or other similar laws, the child may apply for probation if qualified under the
provisions of the Probation Law.
SECTION 68. Children Who Have Been Convicted and are Serving Sentences. — Persons
who have been convicted and are serving sentence at the time of the effectivity of this Act, and
who were below the age of eighteen (18) years at the time of the commission of the offense for
which they were convicted and are serving sentence, shall likewise benefit from the retroactive
application of this Act. They shall be entitled to appropriate dispositions provided under this Act
and their sentences shall be adjusted accordingly. They shall be immediately released if they are
so qualified under this Act or other applicable law.
TITLE IX
Final Provisions
SECTION 69. Rule Making Power. — The JJWC shall issue the IRRs for the implementation
of the provisions of this Act within ninety (90) days from the effectivity thereof. cDHAES
SECTION 70. Separability Clause. — If, for any reason, any section or provision of this Act
is declared unconstitutional or invalid by the Supreme Court, the other sections or provisions
hereof not affected by such declaration shall remain in full force and effect.
SECTION 71. Repealing Clause. — All existing laws, orders, degrees, rules and regulations
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 72. Effectivity. — This Act shall take effect after fifteen (15) days from its
publication in at least two (2) national newspaper of general circulation.
Published in The Manila Times on May 5, 2006.

||| (Juvenile Justice and Welfare Act of 2006, Republic Act No. 9344, [April 28, 2006])
April 17, 2004
AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE
REGISTRATION, LICENSING AND PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERS,
ELECTRONICS ENGINEERS AND ELECTRONICS TECHNICIANS, REPEALING REPUBLIC ACT NO. 5734,
OTHERWISE KNOWN AS “THE ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE
PHILIPPINES,” AND FOR OTHER PURPOSES
ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the “Electronics Engineering Law of
2004.”
SEIcAD
SECTION 2. Statement of Policy. — The State recognizes the importance of electronics
engineering in nation building and development. The State shall therefore develop and nurture
competent, virtuous, productive, and well-rounded Professional Electronics Engineers, Electronics
Engineers and Electronics Technicians whose standards of practice and service shall be excellent,
qualitative, world-class and globally competitive, through inviolable, honest, effective and
credible licensure examinations and through regulatory measures, programs and activities that
foster their integrity, continuing professional education, development and growth. StatBench
SECTION 3. Definition and Interpretation of Terms. — As used in this Act, the following terms
shall mean:
(a) Electronics — the science dealing with the development and application of devices
and systems involving the flow of electrons or other carriers of electric charge,
in a vacuum, in gaseous media, in plasma, in semiconductors, in solid-state and/
or in similar devices, including, but not limited to, applications involving optical,
electromagnetic and other energy forms when transduced or converted into
electronic signals.
(b) Professional Electronics Engineer — a person who is qualified to hold himself/herself
out as a duly registered/licensed Professional Electronics Engineer under this Act
and to affix to his/her name the letters “PECE.”
(c) Electronics Engineer — a person who is qualified to hold himself/herself out as a duly
registered/licensed Electronics Engineer under this Act and to affix to his/her name
the letters “ECE.”
(d) Electronics Technician — a person who is qualified to hold himself/herself out as a duly

registered/licensed Electronics Technician under this Act and to affix to his/her name
the letters “ECT”
(e) Electronics and Communications Engineer — a person who is qualified to hold himself/
herself out as a duly-registered/licensed Electronics and Communications Engineer
under Republic Act No. 5734.
(f) Computer — any of a variety of electronic devices that is capable of accepting data,
programs and/or instructions, executing the programs and/or instructions to process
the data and presenting the results.
(g) Information and Communications Technology — the acquisition, production,
transformation, storage and transmission/reception of data and information by
electronic means in forms such as vocal, pictorial, textual, numeric or the like; also
refers to the theoretical and practical applications and processes utilizing such data
and information.
(h) Communications — the process of sending and/or receiving information, data, signals
and/or messages between two (2) or more points by radio, cable, optical wave guides
or other devices and wired or wireless medium.
(i) Telecommunications — any transmission, emission or reception of voice, data, electronic
messages, text, written or printed matter, fixed or moving pictures or images, words,
music or visible or audible signals or sounds, or any information, intelligence and/
or control signals of any design/format and for any purpose, by wire, radio, spectral,
visual/optical/light, or other electronic, electromagnetic and technological means.
(j) Broadcast, Broadcasting — an undertaking the object of which is to transmit audio,
video, text, images or other signals or messages for reception of a broad audience in
a geographical area via wired or wireless means.
(k) Industrial Plant — includes all manufacturing establishments and other business
endeavors where electronic or electronically-controlled machinery or equipment
are installed and/or are being used, sold, maintained, assembled, manufactured or
operated.
(l) Commercial Establishment — shall include but not limited to office buildings, hotels,
motels, hospitals, condominiums, stores, apartments, supermarkets, schools,
studios, stadia, parking areas, memorial chapels/parks, watercraft and aircraft used
for business or profit, and any other building/s or area/s for business purposes,
where electronic or electronically-controlled machinery or equipment are installed
and/or are being used, sold, maintained, assembled, manufactured or operated.
(m) Consulting Services — as used in this Act, shall include services requiring adequate
technical expertise, experience and professional capability in undertaking advisory
and review, pre-investment or feasibility studies, design, planning, construction,

supervision, management and related services, and other technical studies or
special studies in the field of electronics engineering.
(n) Accredited Professional Organization — the integrated and accredited national
organization of Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians.
SECTION 4. Categories of Practice. — The following shall be the engineering and technician
categories covered by this Act:
(a) Professional Electronics Engineer (PECE)
(b) Electronics Engineer (ECE)
(c) Electronics Technician (ECT)
SECTION 5. Nature and Scope of Practice of Electronics Engineering and Electronics Technician
Professions. —
(a) The scope and nature of practice of Electronics Engineer shall embrace and consist of any
work or activity relating to the application of engineering sciences and/or principles
to the investigation, analysis, synthesis, planning, design, specification, research
and development, provision, procurement, marketing and sales, manufacture and
production, construction and installation, tests/measurements/control, operation,
repair, servicing, technical support and maintenance of electronic components,
devices, products, apparatus, instruments, equipment, systems, networks,
operations and processes in the fields of electronics, including communications
and/or telecommunications, information and communications technology (ICT),
computers and their networking and hardware/firmware/software development
and applications, broadcast/broadcasting, cable and wireless television, consumer
and industrial electronics, electro-optics/photonics/opto-electronics, electro-
magnetics, avionics, aerospace, navigational and military applications, medical
electronics, robotics, cybernetics, biometrics and all other related and convergent
fields; it also includes the administration, management, supervision and regulatory
aspects of such works and activities; similarly included are those teaching and training
activities which develop the ability to use electronic engineering fundamentals and
related advanced knowledge in electronics engineering, including lecturing and
teaching of technical and professional subjects given in the electronics engineering
and electronics technician curriculum, and licensure examinations.
(b) The scope and nature of practice of the Professional Electronics Engineer shall embrace
and consist of all of the above plus the sole authority to provide consulting services
as defined in this Act and to sign and seal electronics plans, drawings, permit
applications, specifications, reports and other technical documents prepared by
himself/herself and/or under his direct supervision.
(c) The scope and nature of practice of the Electronics Technician profession shall embrace
and consist of any non-engineering work or activity relating to the installation,
construction, operation, control, test and measurements, diagnosis, repair and
maintenance, manufacture and production, sales and marketing of any electronic
component/s, device/s, products, apparatus, instruments, equipment, system/s,
network/s, operations and processes located on land, watercraft, aircraft, industrial
plants or commercial establishments, including the teaching and training of
technical and professional subjects given in the electronics technician curriculum
and licensure examinations.
ARTICLE II
Professional Regulatory Board of Electronics Engineering
SECTION 6. Composition of the Board. — There is hereby created a Professional Regulatory
Board of Electronics Engineering, hereinafter referred to as the Board, under the administrative
control and supervision of the Professional Regulation Commission, hereinafter referred to as
the Commission, composed of a chairman and two (2) members who shall be appointed by the
President of the Philippines from the three (3) recommendees per position chosen and ranked
by the Commission, which recommendees shall in turn be chosen from the five (5) nominees for
each position submitted by the accredited professional organization, in accordance with rules
and regulations presently in existence or that may be promulgated for such purpose. HaTSDA
SECTION 7. Powers and Functions of the Board. — The Board is vested with the authority to:
(a) Administer/Implement the provisions of this Act;
(b) Administer oaths in connection with the administration of this Act;
(c) Adopt an official seal of the Board;
(d) Issue, suspend or revoke Certificates of Registration and accordingly the Professional
Identification Cards of Professional Electronics Engineers, Electronics Engineers or
Electronics Technicians, or otherwise suspend the holder thereof from the practice
of his/her profession, for any justifiable cause and after due process;
(e) Maintain a roster of Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians;
(f) Issue, suspend and/or cancel special permits to foreign Professional Electronics
Engineers, Electronics Engineers or Electronics Technicians in accordance with the
provisions of this Act;
(g) Prescribe, amend or revise the requirements for licensing of Professional Electronics
Engineers, and prepare, adopt and issue the syllabi of the subjects for the licensure
examination for Electronics Engineers and Electronics Technicians, and prepare the
questions therefore, in strict conformance with the scope of the syllabi;
(h) Adopt a program for the full computerization of the licensure examination;

(i) Grant registration without examination, subject to review and approval by the
Commission, in accordance with the provisions of this Act;
(j) Study, examine and recommend, in coordination with the Commission on Higher
Education (CHED) and the Technical Education and Skills Development Authority
(TESDA), and in consultation with other concerned government entities and the
accredited professional organization, the essential requirements as to curricula and
facilities of schools, colleges or universities, seeking permission to open courses
or programs or already offering courses or programs in electronics engineering,
electronics technician and related courses or programs and to see to it that these
requirements, including employment of qualified faculty members, are properly
complied with: Provided, That within three (3) years after the effectivity of this Act,
the Board shall, in coordination with the CHED, TESDA and in consultation with other
concerned government entities and the accredited professional organization, review
and define/re-define the curricula for electronics engineering, electronics technician
and/or allied courses or programs for the purpose of re-aligning, revising and/or
consolidating the same and/or otherwise defining the minimum requirements by
means of which graduates of related or allied courses or programs can qualify to
take the Electronics Engineer and Electronics Technician licensure examinations;
(k) Inspect educational institutions and based on their findings thereon, recommend to
the CHED and/or the TESDA and/or other government entities concerned with the
granting of school permits or authorization, the opening, improvement/upgrading
or closure of colleges or schools and universities offering electronics engineering
and electronics technician courses or programs;
(l) Adopt and administer a Code of Ethics and a Code of Technical Standards of Practice
for Professional Electronics Engineers, Electronics Engineers and Electronics
Technicians in the Philippines;
(m) Promulgate rules and regulations on the scope of practice of Professional Electronics
Engineers, Electronics Engineers and Electronics Technicians;
(n) Promulgate a program for continuing professional education and/or development
of Professional Electronics Engineers, Electronics Engineers and Electronics
Technicians;
(o) Prescribe the minimum manning and manpower requirements for Professional
Electronics Engineers, Electronics Engineers and Electronics Technicians in industrial
plants and commercial establishments for purposes of ensuring compliance with
the provisions of this Act and all other ordinances, laws, rules and regulations that
may be enacted hereinafter;
(p) Formulate, prescribe and adopt such rules and regulations for electronics installations
in industrial plants, commercial establishments and other buildings or structures

covered by the National Building Code of the Philippines, in coordination with the
Department of Public Works and Highways (DPWH), other concerned government
agencies, representatives of industry and the Accredited Professional Organization;
(q) Study the conditions affecting the Professional Electronics Engineering, Electronics
Engineering and Electronics Technician Professions in the Philippines, and
whenever necessary, exercise the powers conferred by this and other Acts,
and adopt such measures as may be deemed proper for the enhancement and
advancement of the professions and/or the maintenance of high professional,
ethical and technical standards, and for this purpose, the Board may personally or
through subordinate employees of the Commission or member/s of the Accredited
Professional Organization, duly authorized by the Board and approved by the
Commission, conduct ocular inspection or visit industrial plants and commercial
establishments where Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians are employed for the purpose of determining compliance
with the provisions of law relative thereto, in accordance with established policies
promulgated by the Commission;
(r) Hear and decide violations of this Act, its implementing rules and regulations, the Code
of Ethics and the Code of Technical Standards of Practice for the profession, and
for this purpose, issue subpoena ad testificandumand/or subpoena duces tecum to
secure attendance of witnesses and the production of documents in connection
with the charges presented to and/or any investigation pending before the Board;
(s) Delegate the hearing or investigation of administrative cases filed before it to authorized
officers of the Commission, except in cases where the issue involved strictly concerns
the practice of the Professional Electronics Engineering, Electronics Engineering and
Electronics Technician Professions, in which case the hearing shall be presided over
by at least one (1) member of the Board assisted by a Legal or Hearing Officer of the
Commission;
(t) Promulgate resolutions, orders and/or decisions on such administrative cases: Provided,
That such resolutions, orders and/or decisions shall be subject to appeal within
fifteen (15) days from receipt thereof with the Commission, which may affirm or
reverse the same, dismiss the case, deny the appeal or remand the case to the Board
for further, action or proceeding: Provided, further, That if after fifteen (15) days from
the receipt of such decision no appeal is taken therefrom to the Commission, the
same shall become final and immediately enforceable;
(u) Submit an annual action plan and corresponding report at the beginning and close of
each fiscal year on the activities, proceedings and accomplishments of the Board for
the year, incorporating therein any recommendation to the Commission; and
(v) Discharge such other powers and functions as the Board and the Commission may
deem necessary for the practice of the profession and the upgrading, enhancement,
development and growth of the Professional Electronics Engineer, Electronics
Engineer and Electronics Technician professions in the Philippines. Except those
in administrative cases, all resolutions embodying rules and regulations and other
policies and measures issued and/or promulgated by the Board shall be subject to
the review and approval by the Commission. TSIDEa
SECTION 8. Qualifications of Board Members. — The chairman and members of the Board
must possess the following qualifications at the time of their appointment:
(a) Be a citizen and a resident of the Philippines for at least five (5) consecutive years prior
to his/her appointment;
(b) Be of good moral character and integrity;
(c) Be a holder of a valid Certificate of Registration and a valid Professional Identification
Card as a Professional Electronics Engineer, duly qualified to practice as a Professional
Engineer in the Philippines;
(d) Be a member of good standing of the Accredited Professional Organization;
(e) Be in active practice of the electronics engineering profession for at least ten (10) years
prior to his appointment, either in self practice, or employment in government
service and/or in the private sector;
(t) Must not have any pecuniary interest, directly or indirectly in any school, academy,
college, university or institution conferring an academic degree and/or certification/
accreditation necessary for admission to the practice of Electronics Engineering and/
or Electronics Technician or where review classes in preparation for the licensure
examination are being offered or conducted nor shall he/she be a member of the
faculty or of the administration thereof prior to taking his/her oath of office; and
(g) Must not have been convicted of an offense involving moral turpitude.
SECTION 9. Term of Office. — The members of the Board shall hold office for a term of
three (3) years from date of appointment or until their successors shall have been appointed and
qualified and may be re-appointed once for another term. Any vacancy occurring within the term
of a member shall be filled for the unexpired portion of the term only: Provided, That the member
appointed to serve the unexpired term may be re-appointed more than once for as long as his/her
continuous tenure shall not exceed six (6) years. Each member of the Board shall take the proper
oath prior to the assumption of office.
SECTION 10. Compensation and Allowances of the Board. — The Chairman and members of
the Board shall receive compensation and allowances comparable to that being received by the
Chairman and members of existing regulatory boards under the Commission as provided for in
the General Appropriations Act.
SECTION 11. Removal of Board Members. — The President of the Philippines, upon
recommendation of the Commission, may suspend or remove any member of the Board for neglect
of duty, incompetence, manipulation or rigging of the licensure examination results, disclosure of
secret information or the examination questions prior to the conduct of the said examination, or
tampering of the grades therein, for unprofessional or unethical conduct, or for any final judgment
or conviction of any criminal offense by the Courts, after having given the member concerned an
opportunity to be heard and/or defend himself/herself in a proper administrative investigation.
SECTION 12. Custodian of Board Records, Secretariat and Support Services. — All records
of the Board, including applications for examination, administrative cases involving Professional
Electronics Engineers, Electronics Engineers and Electronics Technicians shall be kept by the
Commission.
The Commission shall designate the Secretary of the Board and shall provide the secretariat
and other support services to implement the provisions of this Act.
ARTICLE III
Examination, Registration and Licensure
SECTION 13. Licensure Examination. — Except as otherwise specifically provided in this
Act, all applicants seeking to be registered and licensed as Electronics Engineers and Electronics
Technicians, shall undergo the required examinations to be given by the Board in such places and
dates as the Commission may designate in accordance with the provisions of Republic Act No.
8981.
SECTION 14. Qualifications for Examinations. — In order to be allowed to take the examination
for Electronics Engineer or Electronics Technician, an applicant must, at the same time of the
filing of his/her application, establish to the satisfaction of the Board that:
(a) He/She is a citizen of the Philippines or of a foreign country qualified to take the
examination as provided for in Section 33 of this Act;
(b) He/She is of good moral character and had not been convicted by a court of law of a
criminal offense involving moral turpitude;
(c) For the Electronics Engineering examinations, he/she is a holder of a degree of Bachelor of
Science in Electronics and Communications Engineering or Electronics Engineering
or, subject to compliance with minimum requirements to be prescribed by the Board,
such equivalent and/or related engineering course or program from any school,
institute, college, or university recognized by the Government or the State where it
is established, after completing a resident collegiate course equivalent to that of a
full baccalaureate degree;
(d) For the Electronics Technician examinations:
(1) is a graduate of an Associate, Technician, Trade or Vocational course in electronics
or, subject to the evaluation of the Board, such equivalent and/or related
formal or non-formal course or program from any school, college, university
or training institution recognized by the Government or the State where it is
established after completing a resident course or program of not less than
two (2) years, or
(2) has completed at least the minimum third-year equivalent of a Bachelor of Science
program in Electronics and Communications Engineering or Electronics
Engineering program according to the CHED guidelines, or, subject to the
evaluation of the Board such equivalent and/or related engineering course
or program from any school, institute, college or university recognized by the
Government or State where it is established.
SECTION 15. Scope of Examination for Electronics Engineers and Electronics Technicians.
— The examination for Electronics Engineers shall consist of written tests which shall cover
subjects prescribed by the Board but including at least the following: Mathematics, Applied
Sciences, Engineering Economics, Laws and Ethics, Electronics, Communications, Computers,
and Information and Communications Technology.
The examination for Electronics Technician shall consist of written and/or practical tests
covering subjects to be prescribed by the Board and shall cover subjects specific to the practice of
Electronics Technicians.
As urgent and important need arises so as to conform to technological and modern
changes, the Board may re-cluster, rearrange, modify, add to or exclude any subject and prescribe
the number of final examination/s per year after approval by the Commission. The PRC Board
resolution thereon shall be officially published in the Official Gazette or major daily newspapers
of general circulation and also circularized and disseminated to all colleges.
SECTION 16. Ratings. — To pass the licensure examination, a candidate for Electronics
Engineer or Electronics Technician must obtain a passing rating of seventy percent (70%) in each
subject given during the examination: Provided, however, That a candidate who obtains a passing
rating in the majority of the subjects but obtains a rating in the other subject/s below seventy
percent (70%) but not lower than sixty percent (60%), shall be allowed to take one removal
examination on the subjects where he/she failed to obtain the passing rating: Provided, finally,
That should the examinee fail to obtain a passing rating in the removal examination, he/she shall
be considered as having failed the entire licensure examination.
SECTION 17. Release of the Results of Examination. — The Board and the Commission shall
correct and rate the licensure examination papers and shall release the examination results within
fifteen (15) days after the said examination.
SECTION 18. Qualifications and Schedule of Registration for Professional Electronics Engineer.
— For application for registration as a Professional Electronics Engineer, the following shall be
required:
(a) Valid Certificate of Registration and Professional Identification Card as Electronics

Engineer; EcTIDA
(b) Valid/current membership identification card from the Accredited Professional

Organization;
(c) Certified experience record of active self practice and/or employment either in
government service or in the private sector, in the format to be prescribed by the
Board, indicating the inclusive dates, companies worked for, description of specific
responsibilities, relevant accomplishments and name, position of immediate
supervisors for a period of at least seven (7) years (inclusive and/or aggregate), at
least two (2) years of which are in responsible charge of significant engineering work,
from the date applicant took his/her oath as an Electronics and Communications
Engineer or Electronics Engineer;
(d) Three (3) certifications signed by three (3) Professional Electronics Engineers attesting
that the experience record submitted by the applicant is factual.
Application for registration as Professional Electronics Engineer may be submitted anytime
to the Commission. The Board shall then schedule an en banc oral interview of the applicant
for the purpose of verifying, authenticating and assessing the submittals and establishing the
competency of the applicant according to rules, regulations and competency standards to
be formulated by the Board: Provided, That those who have been registered and licensed as
Electronics and Communications Engineers under Republic Act No. 5734 for at least seven (7)
years upon the effectivity of this Act need only to submit items (a), (b), and (c) above: Provided,
further, That those who have been registered and licensed as Electronics and Communications
Engineers under Republic Act No. 5734 for less than seven (7) years after the effectivity of this
Act shall submit their certified experience record and certifications from three (3) Professional
Electronics Engineers as in items (c) and (d) above, and submit to an en banc oral interview of the
Board for competency assessment, upon passing of which he can be registered as a Professional
Electronics Engineer.
SECTION 19. Issuance of the Certificate of Registration and Professional Identification Card.
— A Certificate of Registration shall be issued to examinees who pass the Electronics Engineer
and Electronics Technician licensure examination, to Electronics Engineers who are registered
as Professional Electronics Engineers and to Electronics Technicians who are registered without
examination, subject to payment of fees prescribed by the Commission. The Certificate of
Registration shall bear the signature of the Chairperson and Members of the Board, stamped
with the official seal of the Commission and the Board, indicating that the person named therein
is entitled to practice the profession with all the privileges appurtenant thereto, subject to
compliance with all applicable requirements. The said certificate shall remain in full force and
effect until withdrawn, suspended or revoked in accordance with this Act.
A Professional Identification Card bearing the registration number, date of registration,
duly signed by the Chairperson of the Commission, shall likewise be issued to every registrant
who has paid the prescribed fee. This identification card will serve as evidence that the holder
thereof is duly registered with the Commission.
SECTION 20. Registration without Examination for Electronics Technicians. — Within five
(5) years after the effectivity of this Act, the Board shall issue Certificates of Registration and
Professional Identification Cards without examination to applicants for registration as Electronics
Technicians who shall present evidence or other proof satisfactory to the Board that:
(a) He/She is a graduate of at least two-year Associate, Technician, Trade or Vocational
course in Electronics as certified by the TESDA, or that he/she has completed at least
the minimum third-year equivalent of a Bachelor’s Degree of Science in Electronics
and Communications Engineering or Electronics Engineering program according to
the CHED guidelines, or, subject to the evaluation of the Board, an equivalent and/or
related formal or non-formal course or program from any school, institute, college,
university or training institution recognized by the Government or the State where it
is established, and
(b) He/She has rendered at least seven (7) years (inclusive or aggregate) of active self-
practice and/or employment either in the Government or private sector, indicating
therein his/her specific duties and responsibilities, relevant accomplishments, the
complete names and addresses of clients and companies or persons worked for, as
well as the names and positions of immediate superiors.
The above submittals shall be accompanied by a certification from at least three (3)
registered Professional Electronics Engineers vouching for the integrity, technical capability and
good moral character of the applicant.
SECTION 21. Non-issuance of a Certificate of Registration and/or Professional Identification
Card for Certain Grounds. — The Board and/or the Commission shall not register and shall not
issue a Certificate of Registration and Professional Identification Card to any person convicted by
a court of competent jurisdiction of any crime involving moral turpitude, to any person of immoral
or dishonorable conduct and to any person of unsound mind, furnishing the party concerned a
written statement containing the reasons for such action, which statement shall be incorporated
in the records of the Board.
SECTION 22. Professional Oath. — All successful examines and all those who have qualified for
registration without examination shall be required to take a professional oath before any member
of the Board or any person authorized by the Commission before he/she can be registered and
issued a Certificate of Registration and Professional Identification Card, and as a prerequisite to
practicing as a Professional Electronics Engineer, Electronics Engineer or Electronics Technician.
SECTION 23. Revocation and Suspension of Certificate of Registration, Professional
Identification Card and Cancellation of Special Permits. — The Board shall, upon proper notice
and hearing, revoke or suspend the validity of a Certificate of Registration and accordingly the
Professional Identification Card, or cancel a Special Permit granted under Section 26 herein, for
any of the causes mentioned in the preceding sections, or for unprofessional or unethical conduct,
malpractice, incompetence, or any violation of this Act and its implementing rules and regulations,
the Code of Ethics and the Code of Technical Standards of Practice, or where fraud, deceit, or
false statement was found to have been employed in obtaining said Certificate of Registration,
Professional Identification Card or Special Permit.
SECTION 24. Reinstatement, Re-issuance or Replacement of Certificate of Registration
and Professional Identification Card. — The Board may, two (2) years after the revocation of a
Certificate of Registration and Professional Identification Card, upon application and for reasons
deemed proper and sufficient, reinstate the validity of a revoked Certificate of Registration and
Professional Identification Card, subject to compliance with the applicable requirements of the
Commission, and the Board: Provided, That he/she did not commit any illegal practice of the
profession or any violation of this Act, its rules, codes and policies during the time that his/her
Certificate of Registration and Professional Identification Card was revoked.
A new Certificate of Registration or Professional Identification Card to replace lost, destroyed,
or mutilated certificate or registration card may be issued, subject to the rules promulgated by
the Board and the Commission, upon payment of the required fees.
SECTION 25. Roster of Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians. — The Board shall prepare and maintain a roster of the names, residence
and/or office address of all registered Professional Electronics Engineers, Electronics Engineers
and Electronics Technicians, which shall be updated annually in cooperation with the Accredited
Professional Organization, indicating therein the status of the Certificate of Registration,
Professional Identification Card and membership in the Accredited Professional Organization of
the professional, whether valid, inactive due to death or other reasons, delinquent, suspended
or revoked. The said roster shall be conspicuously posted within the premises of the Commission
and the information therefrom made available to the public upon inquiry or request.
SECTION 26. Exemptions from Examination and Registration. — No examination and
registration shall be required for foreign Professional Electronics Engineers, Electronics Engineers
or Electronics Technicians who are temporarily employed by the Philippine Government or by
private firms in the Philippines in the following cases:
(a) Where no qualified equivalent Filipino professional is available for the specific item of
work to be rendered, as attested to by the Accredited Professional Organization;
(b) Where the conditions of the scope and funding for the work or project are such that it
stipulates the temporary employment of a foreign professional; TCASIH
(c) As defined in the General Agreement on Trade in Services, the ASEAN and APEC
Engineer Registry programs and other similar international treaties, agreements
and/or covenants to which the Philippine Government is a signatory and has
ratified: Provided, however, That:
(1) The said foreign professional is legally qualified to practice his/her profession in
his/her own country in which the requirements for licensing and registration
are not lower than those specified in this Act;
(2) The work to be performed by said foreign professional shall be limited only to the
particular work or project for which he/she was specifically contracted;
(3) Prior to commencing the work, the foreign professional shall secure a Special
Permit from the Board, which shall be subject to the approval of the
Commission: Provided, That no working visa and/or permit shall be issued
by concerned government agencies unless such Special Permit has been
granted first;
(4) The same foreign professional shall not engage in private practice on his/her own
account;
(5) For every foreign professional contracted for the work or project, at least two (2)
corresponding Filipino professionals who are registered under this Act shall
be employed as counterparts by the Philippine Government or the private
firm utilizing the services of such foreign professional for at least the same
duration of time as the foreigner’s tenure of work; and
(6) The Special Permit herein granted shall be valid only for a period of not more
than six (6) months and renewable every six (6) months thereafter subject to
the discretion of the Board and the approval of the Commission: Provided,
That said permit shall cease to be valid if the foreigner terminates his/her
employment in the work or project for which said permit was originally granted
and thereafter engages in an occupation that requires another Special Permit
or registration under this Act.
ARTICLE IV
Practice of Professional Electronics Engineering, Electronics Engineering and Electronics
Technicians
SECTION 27. Practice of the Profession. — No person shall offer himself/herself in the
Philippines as, or use the title “Professional Electronics Engineer”, “Electronics Engineer” or
“Electronics Technician”, as defined in this Act, or use any word, letter figure, or sign whatsoever,
tending to convey the impression that he/she is a Professional Electronics Engineer, Electronics
Engineer or Electronics Technician, or advertise that he/she is qualified to perform the work of a
Professional Electronics Engineer, Electronics Engineer or Electronics Technician, without holding
a valid Certificate of Registration and a valid Professional Identification Card in accordance with
this Act, except as provided under Section 26 hereof.
SECTION 28. Prohibitions and Limitations on the Practice of Electronics Engineering and
Electronics Technician Profession. — Unless otherwise prescribed by any supervening law, the
practice of electronics engineering and electronics technical shall be a professional service,
admission to which must be determined on the basis of the individual’s personal qualifications.
Hence, no firm, company, partnership, association or corporation may be registered or licensed
as such for the practice of electronics engineering and electronics technician. However, persons
properly registered and licensed as Professional Electronics Engineers, Electronics Engineers or
Electronics Technicians may, among themselves or with any other allied professionals, form a
partnership or association or corporation and collectively render services as such: Provided, That
individual members of such partnerships or associations or corporations shall be responsible for
their own respective acts.
SECTION 29. Seal of the Professional Electronics Engineers. — All licensed Professional
Electronics Engineers shall obtain and use a seal of a design prescribed by the Board bearing
the registrant’s name, registration number and title. Plans, drawings, permit applications,
specifications, reports and other technical documents prepared by and/or executed under the
supervision of, and issued by the Professional Electronics Engineer shall be stamped on every
sheet/page with said seal, indicating therein his/her current Professional Tax Receipt (PTR)
number, date/place of payment and current membership number in the Accredited Professional
Organization, when filed with government authorities or when used professionally.
SECTION 30. Code of Ethics and Code of Technical Standards of Practice. — The Board shall
adopt a Code of Ethics and the Code of Technical Standards of Practice for Electronics Engineers and
Electronics Technicians, which shall be promulgated by the Accredited Professional Organization.
ARTICLE V
Sundry Provisions
SECTION 31. Continuing Professional Education (CPE) and/or Development Programs.
— All registered Professional Electronics Engineers, Electronics Engineers, and Electronics
Technicians, shall comply with pertinent rules and regulations already prescribed by and/or
as may be prescribed and promulgated by the Commission and/or the Board, the Accredited
Professional Organization and other government agencies, pursuant to this Act and other
relevant laws, international treaties, agreements and/or covenants to which the Philippines
is a signatory and has ratified, with respect to continuing professional education and/or
development and/or other similar/related programs.
SECTION 32. Integrated and Accredited Professional Organization. — There shall be one
(1) integrated and Accredited Professional Organization of Professional Electronics Engineers,
Electronics Engineers and Electronics Technicians in the country, which shall be registered
with the Securities and Exchange Commission as a non-stock, non-profit corporation and
recognized by the Board, the Commission and all government agencies as the one and only
integrated and accredited national organization for the said professionals. Every Professional
Electronics Engineer, Electronics Engineer and Electronics Technician, upon registration with
the Commission as such, shall ipso facto become a member of this Accredited Professional
Organization. Those who have been previously registered by the Board but are not members of
this Accredited Professional Organization at the time of effectivity of this Act, shall be allowed
to register as members of this organization within three (3) years after the effectivity of this Act.
Membership in this Accredited Professional Organization shall not be a bar to membership in
other associations of the electronics engineering and electronics technician professions.
The Accredited Professional Organization shall implement the continuing professional
education, accredit other organizations or entities to provide continuing professional education,
and/or development program promulgated by the Board and/or the Commission, compliance
with which shall be one of the requisites for the maintenance of membership in good standing
of the professional in the Accredited Professional Organization. All members of good standing of
this Accredited Professional Organization shall be issued an annual membership card indicating
the membership number and validity period of the membership, which shall be affixed to all
plans, specifications and any document signed by the member in the course of practice of his/
her profession. Failure to maintain membership in good standing in the Accredited Professional
Organization shall be a cause for listing of the individual as delinquent in the roster of
professionals.
SECTION 33. Foreign Reciprocity. — No foreigner shall be admitted for registration as
Professional Electronics Engineer, Electronics Engineer or Electronics Technician with or without
examination under this Act unless he/she proves in the manner as provided by the Board that,
by specific provisions of law, the country, state or province of which he/she is a citizen, subject
or national, or in accordance with international treaties, agreements and/or covenants to which
their country, state or province is a signatory, admits Filipino citizens to practice as Professional
Electronics Engineer, Electronics Engineer or Electronics Technician after an examination
or registration process on terms of strict and absolute equality with the citizens, subjects or
nationals of said country, including the unconditional recognition of professional licenses issued
by the Board and/or the Commission and prerequisite degrees/diplomas issued by institutions
of learning duly recognized by the government of the Philippines. aSTHDc
SECTION 34. Positions in Government Requiring the Services of Registered and Licensed

Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. — Within
three (3) years from the effectivity of this Act, all existing and proposed positions in the local
and national government, whether career, permanent, temporary or contractual and primarily
requiring the services of Professional Electronics Engineers, Electronics Engineers or Electronics
Technicians shall accordingly be filled only by registered and licensed Professional Electronics
Engineers, Electronics Engineers or Electronics Technicians.
ARTICLE VI
Penal Provisions and Assistance of Law Enforcement Agencies
SECTION 35. Penal Provision. — The following shall be punished by a fine of not less than
One hundred thousand pesos (P100,000.00) nor more than One million pesos (P1,000,000.00),
or by imprisonment of not less than six (6) months nor more than six (6) years, or both, in the
discretion of the court:
(a) Any person who shall give any false or fraudulent statement to the Board to obtain a
Certificate of Registration and/or Professional Identification Card as Professional
Electronics Engineer, Electronics Engineer or Electronics Technician;
(b) Any person who shall present or use as his/her own a Certificate of Registration,
Professional Identification Card, membership identification card in the Accredited
Professional Organization and/or seal issued to another and any person who allows
the use of his/her Certificate of Registration, Professional Identification Card,
membership card in the Accredited Professional Organization and/or seal;
(c) Any person who shall present or use a revoked or suspended Certificate of Registration
as Professional Electronics Engineer, Electronics Engineer or Electronics Technician;
(d) Any person who shall assume, use, advertise or otherwise practice as Professional
Electronics Engineer, Electronics Engineer or Electronics Technician, or append to
his/her name, any letter/s or words tending to convey the impression that he/she is
a registered Professional Electronics Engineer, Electronics Engineer or Electronics
Technician, when in fact he/she is not duly registered with the Board as such;
(e) Any Professional Electronics Engineer, or any person on his/her behalf, who shall stamp
or seal any document with his/her seal as such after his/her Certificate of Registration,
Professional Identification Card and membership card in the Accredited Professional
Organization has been revoked or suspended or after he/she has been suspended
from practice or removed from the roster of Professional Electronics Engineers,
Electronics Engineers or Electronics Technicians;
(f) Any Professional Electronics Engineer who shall sign his/her name, affix his/her seal,
or use any other method of signature on plans, technical descriptions or other
documents prepared by or under the supervision of another Professional Electronics
Engineer, unless the same is prepared in such manner as to clearly indicate the part
of such work actually performed by the former;
(g) Any person, except the Professional Electronics Engineer or Electronics Engineer in-
charge, who shall sign for any electronics engineering work, or any function of
electronics engineering practice, not actually performed by him/her;
(h) Any person holding a Certificate of Registration and Professional Identification Card
as Professional Electronics Engineer, Electronics Engineer or Electronics Technician
who shall be involved in illegal wire-tapping, cloning, hacking, cracking, piracy
and/or other forms of unauthorized and malicious electronic eavesdropping and/
or the use of any electronic devices in violation of the privacy of another or in
disregard of the privilege of private communications and/or safety to life, physical
and/or intellectual property of others, or who shall maintain an unlicensed and/or
unregistered communications system or device; and
(i) Any person who shall violate any provision of this Act or any rules, regulations, the Code
of Ethics and the Code of Technical Standards of Practice promulgated under this
Act.
SECTION 36. Assistance of Law Enforcement and Other Government Agencies. — Any law
enforcement agency shall, upon call or request of the Board and/or the Commission, render
assistance in enforcing this Act including the Code of Ethics, the Code of Technical Standards of
Practice and the implementing rules and regulations and measures promulgated hereunder, by
prosecuting violators thereof in accordance with law and the Rules of Court.
Any department, instrumentality, office, bureau, institution or agency of the government
including local governments, upon call or request from the Board and/or the Commission, shall
render such assistance as it may require, cooperate and coordinate with it in carrying out, enforcing
or implementing this Act, the codes, policies, measures, programs or activities of the Board and/
or the Commission that it may undertake pursuant to the provisions of this Act.
ARTICLE VII
SECTION 37. Transitory Provision. — Upon effectivity of this Act, the incumbent Board
of Electronics and Communications Engineering shall complete all pending/unfinished works
within a six (6)-month period, after which it shall cease to exist. The President of the Philippines
shall before then appoint the Chairman and members of the first Board of Electronics
Engineering in accordance with Sections 6 and 8 herein, who shall formulate and thereafter
promulgate the rules and regulations for the implementation of this Act.
SECTION 38. Vested Rights: Electronics and Communications Engineers when this
Law is Passed. — Electronics and Communications Engineers holding a valid Certificate of
Registration and Professional Identification Card at the time of the effectivity of this Act shall
be automatically registered and recognized as Electronics Engineers and shall be issued a new
Certificate of Registration and Professional Identification Card as Electronics Engineers with the
same license number as their original Electronics and Communications Engineer Certificate of
Registration, subject to the payment of prescribed fees and other requirements of the Board
and/or Commission.
ARTICLE VIII
Final Provision
SECTION 39. Implementing Rules and Regulations. — Subject to the approval of the
Commission, the Board, in coordination with the accredited professional organization, shall
adopt and promulgate such rules, regulations, resolutions, the Code of Ethics and the Code of
Technical Standards of Practice for Professional Electronics Engineers, Electronics Engineers
and Electronics Technicians to carry out the provisions of this Act, which shall be published in
the Official Gazette or a newspaper of general circulation and shall be effective fifteen (15) days
after publication therein.
SECTION 40. Appropriations. — The Chairperson of the Professional Regulation

Commission shall include in the Commission’s program the implementation of this Act, the
funding of which shall be included in the annual General Appropriations Act.
SECTION 41. Separability Clause. — If any provision of this Act or any portion hereof is
declared unconstitutional by any competent court, the other provisions hereof shall not be
affected thereby.
SECTION 42. Repealing Clause. — Republic Act No. 5734 is hereby repealed. All other laws,
executive orders, rules and regulations or parts thereof in conflict with the provisions of this Act
are hereby repealed or amended accordingly.
SECTION 43. Effectivity. — This Act shall take effect fifteen (15) days following its full
publication in the Official Gazette or any newspaper of general circulation. acEHCD

||| (Electronics Engineering Law of 2004, Republic Act No. 9292, [April 17, 2004])
[GENERAL APPROPRIATIONS ACT FOR 2015]
SECTION 26. Open Government Data. — Departments, bureaus, and offices of the National
Government, including Constitutional Offices enjoying fiscal autonomy, SUCs, and GOCCs shall
adopt a policy of openness for all datasets created, collected, processed, disseminated, or
disposed through the use of public funds to the extent permitted by applicable laws and subject
to individual privacy, confidentiality, national security, or other legally-mandated restrictions.
Openness means that datasets published by agencies shall be machine-readable, in open formats,
and released with open licenses.
Implementation of this section shall be subject to guidelines to be issued by the Open Data
Philippines Task Force comprised of the Office of the Presidential Spokesperson, DBM, and the
Presidential Communications Development and Strategic Planning Office.
||| (General Appropriations Act of 2015, Republic Act No. 10651, [December 15, 2014])
[GENERAL APPROPRIATIONS ACT FOR 2016]
SECTION 27. Open Government Data. — Departments, bureaus, offices, and instrumentalities

of the National Government, including Constitutional Offices enjoying fiscal autonomy, SUCs, and
GOCCs shall adopt a policy of openness for all datasets created, collected, processed, disseminated,
or disposed through the use of public funds to the extent permitted by applicable laws and subject
to individual privacy, confidentiality, national security, or other legally-mandated restrictions.
Openness means that datasets should be publicly available and accessible by default in open and
machine-readable formats, and released with open license.
||| (General Appropriations Act of 2016, Republic Act No. 10717, [December 22, 2015])
[LOCAL GOVERNMENT CODE]
SECTION 414. Proceedings Open to the Public; Exception. — All proceedings for settlement shall be
public and informal: Provided, however, That the lupon chairman or the pangkat chairman, as the
case may be, may motu proprio or upon request of a party, exclude the public from the proceedings
in the interest of privacy, decency, or public morals. (Local Government Code of 1991, REPUBLIC ACT
|||
NO. 7160, [October 10, 1991])

October 31, 2008
AN ACT ESTABLISHING THE CREDIT INFORMATION SYSTEM, AND FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as the «Credit Information System Act».

SECTION 2. Declaration of Policy. — The State recognizes the need to establish a
comprehensive and centralized credit information system for the collection and dissemination
of fair and accurate information relevant to, or arising from, credit and credit-related activities
of all entities participating in the financial system. A credit information system will directly
address the need for reliable credit information concerning the credit standing and track record
of borrowers.
The operations and services of a credit information system can be expected to:
greatly improve the overall availability of credit especially to micro, small and medium-scale
enterprises; provide mechanisms to make credit more cost-effective; and reduce the excessive
dependence on collateral to secure credit facilities.
The State shall endeavor to have credit information provided at the least cost to all
participants and shall ensure the protection of consumer rights and the existence of fair
competition in the industry at all times.
An efficient credit information system will also enable financial institutions to reduce
their over-all credit risk, contributing to a healthier and more stable financial system.
SECTION 3. Definition of Terms. — For purposes of this Act
(a) “Accessing Entity” refers to any submitting entity or any other entity authorized by the
Corporation to access basic credit data from the Corporation. ASEcHI
(b) “Basic Credit Data” refers to positive and negative credit information provided by a
borrower to a submitting entity in connection with the application for and availment
of a credit facility and any information on the borrower’s creditworthiness in the
possession of the submitting entity and other factual and objective information related
or relevant thereto in the submitting entity’s data files or that of other sources
ofinformation: Provided, That in the absence of a written waiver duly accomplished
by the borrower, basic credit data shall exclude confidential information on bank
deposits and/or clients funds under Republic Act No. 1405 (Law on Secrecy of Bank
Deposits), Republic Act No. 6426 (The Foreign Currency Deposit Act), Republic Act
No. 8791 (The General Banking Law of 2000) and their amendatory laws. DTAHSI
(c) “Borrower” refers to a natural or juridical person, including any local government unit

(LGU), its subsidiaries and affiliates, that applies for and/or avails of a Credit Facility.
(d) “BSP” refers to the Bangko Sentral ng Pilipinas, created under Republic Act No. 7653.
(e) “Corporation” refers to the Credit Information Corporation established under Section 5
of this Act.
(f) “Credit Facility” refers to any loan, credit line, guarantee or any other form of financial
accommodation from a submitting entity: Provided, That for purposes of this Act,
deposits in banks shall not be considered a credit facility extended by the depositor
in favor of the bank.
(g) “Credit Rating” refers to an opinion regarding the creditworthiness of a borrower or of
an issuer of debt security, using an established and defined ranking system.
(h) “Credit Report” refers to a summary of consolidated and evaluated information on
creditworthiness, credit standing, credit capacity, character and general reputation
of a borrower.
(i) “Government Lending Institutions” refers to existing and future government financial
institutions (GFIs), government-owned and -controlled corporations (GOCCs)
primarily engaged in lending activities.
(j) “Negative Credit Information” refers to information/data concerning the poor credit
performance of borrowers, such as, but not limited to, defaults on loans, adverse
court judgments relating to debts and reports on bankruptcy, insolvency, petitions
or orders on suspension of payments and corporate rehabilitation.
(k) “Non-Accessing Entity” refers to an entity other than a Submitting Entity, Special
Accessing Entity or Borrower that is authorized by the Corporation to access
credit information from a Special Accessing Entity.
(l) “Outsource Entity” refers to any accredited third-party provider to whom the Corporation
may outsource the processing and consolidation of basic credit data pertaining to
a borrower or issuer of debt or convertible securities under such qualifications,
criteria and strict confidentiality guidelines that the Corporation shall prescribe and
duly publish. cIaCTS
(m) “Positive Credit Information” refers to information/data concerning the credit
performance of a borrower, such as, but not limited to, information on timely
repayments or non-delinquency.
(n) “Relevant Government Agencies” refers to the Department of Finance, Department of
Trade and Industry, Bangko Sentral ng Pilipinas, Insurance Commission and the
Cooperative Development Authority.
(o) “SEC” refers to the Securities and Exchange Commission.

(p) “Special Accessing Entity” refers to a duly accredited private corporation engaged
primarily in the business of providing credit reports, ratings and other similar
credit information products and services.
(q) “Submitting Entity” refers to an entity which provides credit facilities such as, but
not limited to, banks, quasi-banks, trust entities, investment houses, financing
companies, cooperatives, non-governmental, micro-financing organizations, credit
card companies, insurance companies and government lending institutions. IEDHAT
SECTION 4. Establishment of the Credit Information System. — In furtherance of the policy

set forth in Section 2 of this Act, a credit information system is hereby established:
(a) Banks, quasi-banks, their subsidiaries and affiliates, life insurance companies, credit
card companies and other entities that provide credit facilities, are required to
submit basic credit data and updates thereon on a regular basis to the Corporation.
(b) The Corporation may include other credit providers to be subject to compulsory
participation: Provided, That all other entities qualified to be submitting entities may
participate subject to their acceptance by the Corporation: Provided, further, That in
all cases, participation under the system shall be in accordance with such standards
and rules that the SEC in coordination with the relevant government agencies, may
prescribe. CHEIcS
(c) Participating submitting entities are required to regularly submit to the Corporation
any negative and positive credit information that tends to update and/or correct
the credit status of borrowers. The Corporation shall fix the time interval for such
submission: Provided, That such interval shall not be less than fifteen (15) working
days but not more than thirty (30) working days.
(d) The Corporation should regularly collect basic credit data of borrowers at least on a
quarterly basis to correct/update the basic credit data of said borrowers.
(e) The Corporation may also access credit and other relevant information from government
offices, judicial and administrative tribunals, prosecutorial agencies and other
related offices, as well as pension plans administered by the government.
(f) Each submitting entity shall notify its borrowers of the former’s obligation to submit
the latter’s basic credit data to the Corporation and the disclosure thereof to the
Corporation, subject to the provisions of this Act and the implementing rules and
regulations. HIDCTA
(g) The Corporation is in turn authorized to release consolidated basic credit data on the
borrower, subject to the provisions of Section 6 of this Act.
(h) The negative information on a borrower as contained in the credit history files of borrowers
should stay in the database of the Corporation unless sooner corrected, for not more
than three (3) years from and after the date when the negative credit information was
rectified through payment or liquidation of the debt, or through settlement of debts
through compromise agreements or court decisions that exculpate the borrower
from liability. Negative information shall be corrected and updated within fifteen
(15) days from the time of payment, liquidation or settlement or debts.
(i) Special Accessing Entities shall be accredited by the Corporation in accordance with
such standards and rules as the SEC in coordination with the relevant government
agencies, may prescribe.
(j) Special Accessing Entities shall be entitled access to the Corporation’s pool of consolidated
basic credit data, subject to the provisions of Sections 6 and 7 of this Act and related
implementing rules and regulations.
(k) Special Accessing Entities are prohibited from releasing basic credit data received from
the Corporation or credit reports and credit ratings derived from the basic credit
data received from the Corporation, to non-accessing entities unless written consent
or authorization has been obtained from the Borrower: Provided, however, That in
case the borrower is a local government unit (LGU) or its subsidiary or affiliate, the
special accessing entity may release credit information on the LGU, its subsidiary or
affiliate upon written request and payment of reasonable fees by a constituent of
the concerned LGU.
(l) Outsource Entities, which may process and consolidate basic credit data, are absolutely
prohibited from releasing such data received from the Corporation other than to the
Corporation itself.
(m) Accessing Entities shall hold strictly confidential any credit information they receive
from the Corporation.
(n) The borrower has the right to know the causes of refusal of the application for credit
facilities or services from a financial institution that uses basic credit data as basis
or ground for such refusal. ADaSEH
(o) The borrower, for a reasonable fee, shall have, as a matter of right, ready and
immediate access to the credit information pertinent to the borrower. In case of
erroneous, incomplete or misleading creditinformation, the subject borrower
shall have the right to dispute the erroneous, incomplete, outdated or misleading
credit information before the Corporation. The Corporation shall investigate
and verify the disputed information within five (5) working days from receipt
of the complaint. If its accuracy cannot be verified and cannot be proven, the
disputed information shall be deleted. The borrower and the accessing entities and
special accessing entities who have received such information shall be informed
of the corresponding correction or removal within five (5) working days. The
Corporation should use a simplified dispute resolution process to fast track the
settlement/resolution of disputed credit information. Denial of these borrowers’
rights, without justifiable reason, shall entitle the borrower to indemnity.

SECTION 5. Establishment of the Central Credit Information Corporation. — There is
hereby created a Corporation which shall be known as the Credit Information Corporation,
whose primary purpose shall be to receive and consolidate basic credit data, to act as a
central registry or central repository of credit information, and to provide access to reliable,
standardized information on credit history and financial condition of borrowers.
(a) The Corporation is hereby authorized to adopt, alter, and use a corporate seal which
shall be judicially noticed; to enter into contracts; to incur liabilities; to lease or own
real or personal property, and to sell or otherwise dispose of the same; to sue and
be sued; to compromise, condone or release any liability and otherwise to do and
perform any and all things that may be necessary or proper to carry out the purposes
of this Act.
(b) The authorized capital stock of the Corporation shall be Five hundred million pesos
(Php500,000,000.00) which shall be divided into common and preferred shares which
shall be non-voting. The National Government shall own and hold sixty percent
(60%) of the common shares while the balance of forty percent (40%) shall be owned
by and held by qualified investors which shall be limited to industry associations
of banks, quasi-banks and other credit-related associations including associations
of consumers. The amount of Seventy-five million pesos (Php75,000,000.00) shall
be appropriated in the General Appropriations Act for the subscription of common
shares by the National Government to represent its sixty percent (60%) equity share
and the amount of Fifty million pesos (Php50,000,000.00) shall be subscribed and
paid up by such qualified investors in accordance with Section 5 (d) hereof. TAaCED
(c) The National Government may subscribe or purchase securities or financial instruments

that may be issued by the Corporation as a supplement to capital.
(d) Equal equity participation in the Corporation shall be offered and held by qualified private
sector investors but in no case shall each of the qualified investor represented by an
association of banks, quasi-banks and other credit-related associations including
the associations of consumers have more than ten percent (10%) each of the total
common shares issued by the Corporation.
(e) The SEC in coordination with relevant government agencies, shall prescribe
additional requirements for the establishment of the Corporation, such as industry
representation, capital structure, number of independent directors, and the
process for nominating directors, and such other requirements to ensure consumer
protection and free, fair and healthy competition in the industry. CITcSH
(f) The Chairman of the SEC shall be the Chairman of the board of directors of the
Corporation. Whenever the Chairman of the SEC is unable to attend a meeting of the
board, he/she shall designate an Associate Commissioner of the SEC to act as his/
her alternate.
The powers and functions of the Corporation shall be exercised by a board of directors
composed of fifteen (15) members. The directors representing the government
shares shall be appointed by the President of the Philippines.
(g) The directors and principal officers of the Corporation, shall be qualified by the “fit and
proper” rule for bank directors and officers. To maintain the quality of management of
the Corporation and afford better protection to the system and the public in general,
the SEC in coordination with the relevant government agencies, shall prescribe,
pass upon and review the qualifications and disqualifications of individuals elected
or appointed directors of the Corporation and disqualify those found unfit. After due
notice to the board of directors of the Corporation, the SEC may disqualify, suspend
or remove any director who commits or omits an act which render him unfit for the
position. In determining whether an individual is fit and proper to hold the position
of a director of the Corporation, due regard shall be given to his integrity, experience,
education, training, and competence. CaHAcT
The members of the board of directors must be Filipino citizens and at least thirty (30) years
of age. In addition, they shall be persons of good moral character, of unquestionable
integrity, of known probity, and have attained competence in the fields of law,
finance, economics, computer science or information technology. In addition to the
disqualifications imposed by the Corporation Code, as amended, no person shall
be nominated by the National Government if he has been connected directly with
a banking or financial institution as a director or officer, or has substantial interest
therein within three (3) years prior to his appointment. DcaECT
(h) The board of directors shall appoint such officers and employees as are not otherwise
provided for in this Act, define their duties, fix their compensation and impose
disciplinary sanctions upon such officers and employees, for cause. The salaries
and other compensation of the officers and employees of the Corporation shall be
exempt from the Salary Standardization Law. Appointments in the Corporation,
except to those which are policy-determining, primarily confidential or highly
technical in nature, shall be made only according to the Civil Service Law.
(i) The Corporation shall acquire and use state-of-the-art technology and facilities in its
operations to ensure its continuing competence and capability to provide up to
date negative and positive credit information; to enable the Corporation to relay
credit information electronically as well as in writing to those authorized to have
access to the credit information system; and to insure accuracy of collected, stored
and disseminated credit information. The Corporation shall implement a borrower’s
identification system for the purpose of consolidating credit information.
(j) The provisions of any general or special law to the contrary notwithstanding, the
importation by the Corporation of all equipment, hardware or software, as well as
all other equipment needed for its operations shall be fully exempt from all customs
duties and from all other taxes, assessments and charges related to such importation.
(k) The Corporation shall have its principal place of business in Metro Manila, but may
maintain branches in such other places as the proper conduct of its business may
require.
(l) Any and all acquisition of goods and services by the Corporation shall be subject to
Procurement Laws.
(m) The National Government shall continue to hold sixty percent (60%) of the common
shares for a period not to exceed five (5) years from the date of commencement of
operations of the Corporation. After the said period, the National Government shall
dispose of at least twenty percent (20%) of its stockholdings in the Corporation to
qualified investors which shall be limited to industry associations of banks, quasi-
banks and other credit-related associations, including associations of consumers.
The National Government shall offer equal equity participation in the Corporation
to all qualified investors. When the ownership of the majority of the common voting
shares of the Corporation passes to private investors, the stockholders shall cause
the adoption and registration with the SEC of the amended articles of incorporation
within three (3) months from such transfer of ownership. IDTSaC
SECTION 6. Confidentiality of Credit Information. — The Corporation, the submitting

entities, the accessing entities, the outsource entities, the special accessing entities and the duly
authorized non-accessing entities shall hold the credit information under strict confidentiality
and shall use the same only for the declared purpose of establishing the creditworthiness of
the borrower. Outsource entities, which may process and consolidate basic credit data, are
absolutely prohibited from releasing such data received from the Corporation other than to the
Corporation.
The accreditation of an accessing entity, a special accessing entity and/or an outsource
entity which violates the confidentiality of, or which misuse, the credit information accessed
from the Corporation, may be suspended or revoked. Any entity which violates this Section may
be barred access to the credit information system and penalized pursuant to Section 11 of this
Act.
The Corporation shall be authorized to release and disclose consolidated basic credit
data only to the Accessing Entities, the Special Accessing Entities, the Outsource Entities and
Borrowers. Basic credit data released to Accessing Entities shall be limited to those pertaining to
existing Borrowers or Borrowers with pending credit applications. Credit information shall not
be released to entities other than those enumerated under this Section except upon order of the
court.
SECTION 7. Educational Campaign. — A continuing nationwide educational campaign

shall be developed and undertaken by the Corporation to promote the benefits of a
credit information system to the economy; to create awareness on the rights of consumers/
borrowers to access their credit reports collected, stored and disseminated by the
Corporation; to disseminate the rights of the borrowers to dispute any incorrect/inaccurate
creditinformation in the database file of the Corporation; to familiarize consumers of the
procedure in collecting, storing and disseminating credit information of borrowers by the
Corporation; and to brief consumers of other relatedinformation.
SECTION 8. Rules and Regulations. — For purposes of creating a healthy balance between
the need for reliable credit information and safeguarding consumer protection, ensuring free
and healthy competition in the industry, the SEC in coordination with relevant government
agencies and existing industry stakeholders, shall issue the implementing rules and regulations
(IRRs), which shall be reviewed, revised and approved by the Oversight Committee to ensure
consistency and compliance with the provisions of this Act, embodying among others:

(a) The basic credit data shall be limited or confined in form and content to an objective
and factual information and shall exclude any subjective information or opinion; DCAEcS
(b) Restrictions on the use and transfer of credit information;

(c) Rights of the borrowers to access their respective credit information and to dispute the
factual accuracy of such credit information;
(d) Requirements and standards for the establishment of the Corporation including, but not
limited to, ownership, industry representation, independent directors and process
of nomination of directors;
(e) Accreditation standards for submitting and special accessing entities and non-
accessing entities;
(f) Sanctions to be imposed by the Corporation on:
(i) The submitting entities for non-submission of reports and for delayed and/or
erroneous reporting;
(ii) Accessing entities, special accessing entities, outsource entities and duly
authorized non-accessing entities, for breaches of the confidentiality of,
misuse of, the credit information obtained from the creditinformation system;
and
(iii) Violations of other applicable rules and regulations: Provided, That these
administrative sanctions shall be in the form of fines in amounts as may be
determined by the Corporation but in no case to exceed Thirty thousand
pesos (Php30,000.00) a day for each violation, taking into consideration the
attendant circumstances, such as the nature and gravity of the violation or

irregularity. Imposition of administrative sanctions shall be without prejudice
to any criminal and other sanctions as may be applicable under this Act and
relevant laws;
(g) Suspension or cancellation of the rights of any Accessing Entity or Special Accessing
Entity to access Credit Information from the Corporation: Provided, That the SEC in
coordination with relevant government agencies and existing industry stakeholders,
may issue subsequent regulations consistent with the IRR as approved by the
Congressional Oversight Committee.
In addition, the SEC may regulate access to the credit information system as well as the
fees that shall be collected by the Corporation from the Accessing and Special
Accessing Entities, taking into consideration the policy of lowering the cost of credit,
promoting fair competition, and the need of the Corporation to employ state-of-the-
art technology; and acHDTA
(h) The basic credit data about a borrower shall be limited to credit information existing on

the date of the enactment of this Act and thereafter.
SECTION 9. Congressional Oversight Committee. — There is hereby created a congressional
oversight committee, composed of seven (7) members from the Senate and seven (7) members
from the House of Representatives. The Members from the Senate shall be appointed by the
Senate President with at least three (3) Senators representing the minority. The Members from
the House of Representatives shall be appointed by the Speaker with at least three (3) members
representing the minority.
After the Oversight Committee approved the implementing rules and regulations, it shall
thereafter become functus officio, and therefore cease to exist: Provided, That the Congress may
revive the Congressional Oversight Committee in case of a need for any major revision/s in the
implementing rules and regulations.
SECTION 10. Indemnity in Favor of the Corporation, its Officers and Employees. — Unless
the Corporation or any of its officers and employees is found liable for any willful violation of
this Act, bad faith, malice and/or gross negligence, the Submitting Entities, Accessing Entities,
Special Accessing Entities, Outsource Entities and duly authorized non-accessing entities shall
hold the Corporation, its directors, officers and employees free and harmless to the fullest extent
permitted by law and shall indemnify them for any and all liabilities, losses, claims, demands,
damages, deficiencies, costs and expenses of whatsoever kind and nature that may arise in
connection with the performance of their functions without prejudice to any criminal liability
under existing laws.
SECTION 11. Penalties. — Any person who willfully violates any of the provisions of
this Act or the rules and regulations promulgated by SEC in coordination with the relevant
government agencies shall, upon conviction, suffer a fine of not less than Fifty thousand pesos
(Php50,000.00) nor more than One million pesos (Php1,000,000.00) or imprisonment of not less
than one (1) year nor more than five (5) years, or both, at the discretion of the court.
SECTION 12. Inviolable Nature of the Secrecy of Bank Deposits and/or Client Funds. —
Pursuant to Republic Act No. 1405 (Law on Secrecy of Bank Deposits), Republic Act No.
6426 (The Foreign Currency Deposit Act),Republic Act No. 8791 (The General Banking Law of
2000), Republic Act No. 9160 (Anti-Money Laundering Law) and their amendatory laws, nothing
in this Act shall impair the secrecy of bank deposits and/or client funds and investments in
government securities or funds.
SECTION 13. Annual Report. — The SEC shall submit an annual report to Congress on the
status of the implementation of this Act.
SECTION 14. Principal Government Agency. — The SEC shall be the lead government
agency to implement and enforce this Act. As lead agency, the SEC shall consult and coordinate
with other relevant government agencies in the adoption of all rules and regulations for the
full and effective implementation and enforcement of this Act, taking into account the policy
objectives contained in Section 2 hereof. IHCDAS
SECTION 15. Separability Clause. — Should any provision of this Act or the application
thereof to any person or circumstance be held invalid, the other provisions or sections of this Act
shall not be affected thereby.
SECTION 16. Repealing Clause. — This Act repeals Presidential Decree No. 1941 in its
entirety. All laws, decrees, executive orders, rules and regulations or parts thereof which are
inconsistent with this Act are hereby repealed, amended or modified accordingly.
SECTION 17. Effectivity Clause. — This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) national newspapers of general circulation.
Approved,
(SGD.) PROSPERO C. NOGRALES

Speaker of the House
of Representatives
(SGD.) MANNY VILLAR

President of the Senate
This Act which is a consolidation of Senate Bill No. 1881 and House Bill No. 4260 was
finally passed by the Senate and the House of Representatives on September 1, 2008.
Approved: October 31, 2008
Published in Malaya on November 11, 2008.

||| (Credit Information System Act, Republic Act No. 9510, [October 31, 2008])
September 9, 1955
AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY BANKING

INSTITUTION AND PROVIDING PENALTY THEREFOR
SECTION 1. It is hereby declared to be the policy of the Government to give

encouragement to the people to deposit their money in banking institutions and to discourage
private hoarding so that the same may be properly utilized by banks in authorized loans to assist
in the economic development of the country. cd i
SECTION 2. All deposits of whatever nature with banks or banking institutions in the
Philippines including investments in bonds issued by the Government of the Philippines,
its political subdivisions and its instrumentalities, are hereby considered as of an
absolutely confidential nature and may not be examined, inquired or looked into by any person,
government official, bureau or office, except upon written permission of the depositor, or in
cases of impeachment, or upon order of a competent court in cases of bribery or dereliction of
duty of public officials, or in cases where the money deposited or invested is the subject matter
of the litigation.
SECTION 3. It shall be unlawful for any official or employee of a banking
institution to disclose to any person other than those mentioned in Section two hereof
any information concerning said deposits.
SECTION 4. All Acts or parts of Acts, Special Charters, Executive Orders, Rules and
Regulations which are inconsistent with the provisions of this Act are hereby repealed.
SECTION 5. Any violation of this law will subject offender upon conviction, to an
imprisonment of not more than five years or a fine of not more than twenty thousand pesos or
both, in the discretion of the court.
cd i
SECTION 6. This Act shall take effect upon its approval.

Approved, September 9, 1955.
Published in the Official Gazette, Vol. 51, No. 10, p. 4976 in October 1955

||| (Secrecy of Bank Deposits Act, REPUBLIC ACT NO. 1405, [September 9, 1955])
DISINI&DISINI
LAW OFFICE
Unit 320 Philippine Social Science Center,

Commonwealth Avenue, Diliman, Quezon City, 1101 PHILIPPINES
Phone: +632 454-5442 · +63 2 426-0486

Fax: +63 2 454-5442 ext. 102
Email: info@disini.ph

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DATA PRIVACY:

OTHER RELATED LAWS

Laws with Provisions Concerning Privacy

February 15, 2010

REPUBLIC ACT NO. 9995

SECTION 3. Definition of Terms. — For purposes of this Act, the term:

(b) “Capture” with respect to an image, means to videotape, photograph, film, record by

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

(f) “Under circumstances in which a person has a reasonable expectation of privacy” means

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or

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

Approved: February 15, 2010

February 13, 1998

REPUBLIC ACT NO. 8505

Approved: February 13, 1998

Published in Malaya and Manila Times on February 21, 1998.

May 23, 2016

REPUBLIC ACT NO. 10844

AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY,

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State:

(a) To recognize the vital role of information and communication in nation-building;

(b) To ensure the provision of a strategic, reliable, cost-efficient and citizen-centric

(a) Information and Communications Technology or ICT shall mean the totality of electronic

(c) Electronic Government or E-Government shall mean the use of ICT by the government

(f) Chief Information Officer or CIO shall mean a senior officer in all national government

SECTION 4. Creation of the Department of Information and Communications Technology

I. Policy and Planning

(a) Formulate, recommend and implement national policies, plans, programs

(b) Formulate policies and initiatives, in coordination with the Department of

(c) Provide an integrated framework in order to optimize all government ICT resources

II. Improved Public Access

III. Resource-Sharing and Capacity-Building

(g) Ensure the development and protection of integrated government ICT

(h) Assist and provide technical expertise to government agencies in the development

(j) Prescribe the personnel qualifications and other qualification standards essential

(k) Develop programs that would enhance the career advancement opportunities of

(l) Assist in the dissemination of vital information essential to disaster risk reduction

(m) Represent and negotiate for Philippine interest on matters pertaining to ICT in

IV. Consumer Protection and Industry Development

(p) Establish guidelines for public-private partnerships in the implementation of ICT

projects for government agencies; and

SECTION 7. Composition. — The Department shall be headed by a Secretary. The Department

SECTION 8. Secretary of Information and Communications Technology. — The Secretary shall

(h) Serve as a member of the Government Procurement Policy Board (GPPB) as established

SECTION 9. Undersecretaries. — The Secretary shall be assisted by three (3) undersecretaries,

SECTION 11. Qualifications. — No person shall be appointed Secretary, Undersecretary, or

(b) Provide efficient and effective service to the people;

(c) Coordinate with regional offices of other departments, offices, and agencies;

(d) Coordinate with the LGUs; and

SECTION 15. Transfer of Agencies and Personnel. —

(1) Information and Communications Technology Office (ICTO);

(2) National Computer Center (NCC);

(3) National Computer Institute (NCI);

(4) Telecommunications Office (TELOF);

(5) National Telecommunications Training Institute (NITI); and

(6) All operating units of the Department of Transportation and Communications (DOTC)

(1) National Telecommunications Commission;

(3) Cybercrime Investigation and Coordination Center (CICC).

National Computer Emergency Response Team (CERT), and the facilitation of

(ii) The CICC shall be chaired by the DICT Secretary.

Approved: May 23, 2016.

Published in The Philippine Star on May 25, 2016.