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REPUBLIC ACT 9346


AN ACT PROHIBITING THE IMPOSITION B. Physical Violence – acts that include bodily or
OF DEATH physical harm
PENALTY IN THE PHILIPPINES C. Sexual violence includes, but is not limited to:
1. Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
Approved: June 24, 2006 making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
In lieu of the death penalty, the following shall be the victim's body, forcing her/him to watch obscene
imposed (Section 2): publications and indecent shows or forcing the
woman or her child to do indecent acts and/or
A. Reclusion Perpetua – when the law violated makes make films thereof, forcing the wife and
use of the nomenclature of the penalties of the mistress/lover to live in the conjugal home or sleep
Revised Penal Code. together in the same room with the abuser;
B. Life imprisonment – when the law violated does not 2. Acts causing or attempting to cause the victim to
make use of the nomenclature of the penalties of the engage in any sexual activity by force, threat of
Revised Penal Code. force, physical or other harm or threat of physical or
other harm or coercion;
Note: Person convicted of offenses punished with 3. Prostituting the woman or child.
reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua shall not be eligible for parole under D. Psychological violence – acts or omissions causing
Act No. 4180 or Indeterminate Sentence Law (Section 3). or likely to cause mental or emotional suffering of the
victim such as but not limited to:
1. Intimidation;
REPUBLIC ACT NO. 9262 2. Harassment;
ANTI-VIOLENCE AGAINST WOMEN AND 3. Stalking;
THEIR CHILDREN ACT OF 2004 4. Damage to property;
5. Public ridicule or humiliation;
6. Repeated verbal abuse;
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND 7. Mental infidelity;
THEIR CHILDREN, PROVIDING FOR PROTECTIVE 8.Causing or allowing the victim to witness the
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES physical, sexual or psychological abuse of a
THEREFORE, AND FOR OTHER PURPOSES member of the family to which the victim belongs; or
Approved: March 8, 2004 9. To witness pornography in any form;
10. To witness abusive injury to pets; or
Definition of Terms (Section 3) 11. Unlawful or unwanted deprivation of the right to
A. Violence against women and their children – any act custody and/or visitation of common children.
or a series of acts committed by any person against a
woman who is his: E. Economic abuse – acts that make or attempt to make
1. Wife; a woman financially dependent which includes, but is
2. Former wife; or not limited to the following:
3. Against a woman with whom the person has or had 1. Withdrawal of financial support or preventing the
a sexual or dating relationship; or victim from engaging in any legitimate profession,
4. With whom he has a common child, or against her occupation, business or activity, except in cases
child whether legitimate or illegitimate, within or wherein the other spouse/ partner objects on valid,
without the family abode which result in or is likely to serious and moral grounds as defined in Article 73
result in physical, sexual, psychological harm or of the Family Code;
suffering, or economic abuse including threats of 2. Deprivation or threat of deprivation of the use of
such acts, battery, assault, coercion, harassment or financial resources and the right to the use and
arbitrary deprivation of liberty. enjoyment of property owned in common;
3. Destroying household property;
4. Controlling the victim’s own money or properties or

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solely controlling the conjugal money or properties. b.Depriving or threatening to deprive the woman or
her children of financial support legally due her or
F. Battery – act of inflicting physical harm upon the her family, or deliberately providing the woman's
woman or her child resulting to the physical and children insufficient financial support;
psychological or emotional distress. c.Depriving or threatening to deprive the woman or
her child of a legal right;
G. Battered Woman Syndrome – defined pattern of d.Preventing the woman in engaging in any legitimate
psychological and behavioral symptoms found in profession, occupation, business or activity or
women living in battering relationships as a result of controlling the victim's own money or properties, or
cumulative abuse. solely controlling the conjugal or common money,
or properties;
H. Dating relationship – situation wherein the parties live
as husband and wife without the benefit of marriage or 6. Inflicting or threatening to inflict physical harm on
are romantically involved over time and on a oneself for the purpose of controlling her actions or
continuing basis during the course of the relationship. decisions;
Note: A casual acquaintance or ordinary socialization 7. Causing or attempting to cause the woman or her child
between two individuals in a business or social context to engage in any sexual activity which does not
is not a dating relationship. constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
I. Sexual relations – refers to a single sexual act which woman or her child or her/his immediate family;
may or may not result in the bearing of a common child. 8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
J. Children – refers to those below 18 years of age or substantial emotional or psychological distress to the
older but are incapable of taking care of themselves as woman or her child.
defined under Republic Act No. 7610. The term
includes the biological children of the victim and other This shall include, but not limited to the following acts:
children under her care. a.Stalking or following the woman or her child in
public or private places;
Acts Punishable (Section 5): (C-TAPA- ICE-C) b.Peering in the window or lingering outside the
The crime of violence against women and their children is residence of the woman or her child;
committed through any of the following acts: c.Entering or remaining in the dwelling or on the
1. Causing physical harm to the woman or her child; property of the woman or her child against her/his
2. Threatening to cause the woman or her child physical will;
harm; d.Destroying the property and personal belongings or
3. Attempting to cause the woman or her child physical inflicting harm to animals or pets of the woman or
harm; her child; and
4. Placing the woman or her child in fear of imminent e. Engaging in any form of harassment or violence;
physical harm;
5. Attempting to compel or compelling the woman or her 9. Causing mental or emotional anguish, public ridicule or
child to engage in conduct which the woman or her humiliation to the woman or her child, including, but
child has the right to desist from or desist from conduct not limited to, repeated verbal and emotional abuse,
which the woman or her child has the right to engage and denial of financial support or custody of minor
in, or attempting to restrict or restricting the woman's children of access to the woman's child/children.
or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat Prohibited Defense (Section 27)
of physical or other harm, or intimidation directed Being under the influence of alcohol, any illicit drug, or any
against the woman or child. other mind-altering substance shall not be a defense
under this Act.
This shall include, but not be limited to, the following
acts committed with the purpose or effect of Venue (Section 7)
controlling or restricting the woman's or her child's The Regional Trial Court designated as a Family Court
movement or conduct: shall have original and exclusive jurisdiction over
a.Threatening to deprive or actually depriving the cases of violence against women and their children under
woman or her child of custody to her/his family; this law.

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shall order an appropriate percentage of the income or


In the absence of such court in the place where the salary of the respondent to be withheld regularly by the
offense was committed, the case shall be filed in the respondent's employer for the same to be
Regional Trial Court where the crime or any of its automatically remitted directly to the woman. Failure to
elements was committed at the option of the complainant. remit and/or withhold or any delay in the remittance of
support to the woman and/or her child without
Protection Orders (Section 8) justifiable cause shall render the respondent or his
Issued for the purpose of preventing further acts of employer liable for indirect contempt of court;
violence against a woman or her child and other
necessary relief. 8. Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and order
The relief granted under a protection order serve the him to surrender the same to the court for appropriate
purpose of safeguarding the victim from further harm, disposition by the court, including revocation of license
minimizing any disruption in the victim's daily life, and and disqualification to apply for any license to use or
facilitating the opportunity and ability of the victim to possess a firearm.
independently regain control over her life.
If the offender is a law enforcement agent, the court
Other reliefs granted through a protection order: shall order the offender to surrender his firearm and
1. Prohibition of the respondent from threatening to shall direct the appropriate authority to investigate on
commit or committing, personally or through another, the offender and take appropriate action on matter;
any of the acts mentioned in Section 5 of this Act;
2. Prohibition of the respondent from harassing, annoying, 9. Restitution for actual damages including, but not limited
telephoning, contacting or otherwise communicating to, property damage, medical expenses, childcare
with the petitioner, directly or indirectly; expenses and loss of income;
3. Removal and exclusion of the respondent from the 10.Directing the DSWD or any appropriate agency to
residence of the petitioner, regardless of ownership of provide petitioner’s need; and
the residence, either temporarily or permanently where 11. Provision of such other forms of relief as the court
no property rights are violated. deems necessary, provided petitioner and any
designated family or household member consents to
If respondent must remove personal effects from the such relief.
residence, the court shall direct a law enforcement
agent to escort respondent; Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal
4. Directing the respondent to stay away from petitioner separation or annulment or declaration of absolute nullity
and designated family or household member at a of marriage.
distance specified by the court, and to stay away from
the residence, school, place of employment, or any Who May File Petition for Protection Orders (Section
specified place frequented by the petitioner and any 9): (O-PAO-PPLA)
designated family or household member; 1. Offended party;
5. Directing lawful possession and use by petitioner of an 2. Parents or guardians of the offended party;
automobile and other essential personal effects, 3. Ascendants, descendants or collateral relatives within
regardless of ownership, and directing the appropriate the fourth civil degree of consanguinity or affinity;
law enforcement officer to accompany the petitioner to 4. Officers or social workers of the DSWD or social
the residence of the parties to ensure that the workers of LGUs;
petitioner is safely restored to the possession of the 5. Police officers, preferably those in charge of women
automobile and other essential personal effects, or to and children’s desk;
supervise the petitioner's or respondent's removal of 6. Punong Barangay or Barangay Kagawad;
personal belongings; 7. Lawyer, counselor, therapist or healthcare provider of
6. Granting a temporary or permanent custody of a the petitioner;
child/children to the petitioner; 8. At least 2 concerned responsible citizens of the city or
7. Directing the respondent to provide support to the municipality where the violence against women and
woman and/or her child if entitled to legal support. their children occurred and who has personal
knowledge of the offense committed.
Notwithstanding other laws to the contrary, the court

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If the applicant is not the victim, the application must be


accompanied by an affidavit of the applicant attesting to: If respondent appears without counsel: the court shall
a. The circumstances of the abuse suffered by the victim; appoint a lawyer for the respondent and proceed with
and the hearing.
b. The circumstances of consent given by the victim for
the filing of the application. General Rule: The hearing for the issuance of the PPO
shall only be conducted in only one day.
When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application. In Where the court is unable to conduct the hearing within
such case, the applicant shall: one day and the TPO is due to expire, the court shall
a. Attest that the victim is residing in the municipality or continuously extend the TPO for a period of 30 days at
city over which court has territorial jurisdiction; and each particular time until final judgment is issued.
b. Shall provide a mailing address for the purpose of
service processing. (Section 11) The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the
Kinds of Protection Order: needs of the applicant.
1. Barangay Protection Order (BPO) (Section 14) –
issued by a punong barangay to the applicant on the Effectivity of PPO:
date of filing after ex parte determination of the basis PPO shall be effective until revoked by the court upon
of the application. application of the person in whose favor it was issued.

In the absence of punong barangay, any available The court shall not deny the issuance of protection order
barangay kagawad may act on the application. In such on the basis of the lapse of time between the act of
case, the order must be accompanied by an attestation violence and the filing of the application.
that the punong barangay was unavailable at the time
of the issuance of the BPO. Regardless of the conviction or acquittal of the
respondent, the Court must determine whether or not the
BPOs shall be effective for 15 days. PPO shall become final. Even in a dismissal, a PPO shall
be granted as long as there is no clear showing that the
The parties may be accompanied by a non-lawyer act from which the order might arise did not exist.
advocate in any proceeding before the punong
barangay. General Rule: TPO and PPO are filed in the family court
at the place of residence of the petitioner (Section 10).
2. Temporary Protection Order (TPO) (Section 15) –
issued by a court of competent jurisdiction after ex Exception: In the absence of a family court, with the
parte determination that such should be issued. RTC, MeTC, MTC or MCTC with territorial jurisdiction over
the place of residence of the petitioner.
Effective for 30 days.
The issuance of a BPO or the pendency of an application
The said court shall schedule a hearing on the for BPO shall not preclude a petitioner from applying for,
issuance of PPO prior to the date of the expiration of or the court from granting a TPO or PPO.
the TPO.
An application for protection order filed with a court shall
3. Permanent Protection Order (PPO) (Section 16) – be considered an application for both TPO and PPO.
issued by the court after notice and hearing.
Applicability of Protection Orders to Criminal Cases
Respondent’s non-appearance despite proper notice, (Section 22)
or his lack of lawyer, shall NOT be a ground for The provisions on protection orders shall be applicable in
rescheduling the hearing on the merits of the issuance impliedly instituted with the criminal actions involving
of PPO. violence against women and their children.

If despite proper notice, respondent fails to appear: the Prescriptive Period (Section 24)
court shall allow ex parte presentation of evidence by The following acts prescribe in 20 years: (C-TAPAI)
the applicant. 1. Causing physical harm to the woman or her child;

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2. Threatening to cause the woman or her child physical woman suffering from Battered Woman Syndrome at the
harm; time of the commission of the crime.
3. Attempting to cause the woman or her child physical
harm; Custody of children, given to the woman victim
4. Placing the woman or her child in fear of imminent (Section 28)
physical harm; The woman victim of violence shall be entitled to the
5. Attempting to compel or compelling the woman or her custody and support of her child/children. Children below
child to engage in conduct which the woman or her child seven (7) years old older but with mental or physical
has the right to desist from or desist from conduct which disabilities shall automatically be given to the mother, with
the woman or her child has the right to engage in, or right to support, unless the court finds compelling reasons
attempting to restrict or restricting the woman's or her to order otherwise.
child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of A victim who is suffering from Battered Woman Syndrome
physical or other harm, or intimidation directed against shall not be disqualified from having custody of her
the woman or child. children. In no case shall custody of minor children be
6. Inflicting or threatening to inflict physical harm on given to the perpetrator of a woman who is suffering from
oneself for the purpose of controlling her actions or Battered Woman Syndrome.
decisions;
Persons Intervening Exempt from Liability (Section
The following acts prescribe in 10 years: (CEC) 34)
1. Causing or attempting to cause the woman or her child In every case of violence against women and their
to engage in any sexual activity which does not children, any person, police authority or barangay official
constitute rape, by force or threat of force, physical shall not be liable for any criminal, civil or administrative
harm, or through intimidation directed against the liability resulting therefrom provided that such person,
woman or her child or her/his immediate family; police authority or official:
2. Engaging in purposeful, knowing, or reckless conduct, 1. Was acting in accordance with law;
personally or through another that alarms or causes 2. Responds or intervenes; or
substantial emotional or psychological distress to the 3. Without using violence or restraint greater than
woman or her child. necessary to ensure the safety of the victim.
3. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not Any victim under this act shall be entitled to the
limited to, repeated verbal and emotional abuse, and following damages (Section 36) (MAC)
denial of financial support or custody of minor children 1. Moral
of access to the woman's child/children. 2. Actual
3. Compensatory

Violence against Women and their Children as a Cases Exempt from Payment of Docket fees and other
Public Crime (Section 25) Expenses (Section 38)
Such violence are considered a public offense which may 1. Victim is indigent, or
be prosecuted upon the filing of a complaint by any citizen 2. There is an immediate necessity due to imminent
having personal knowledge of the circumstances involving danger to act on an application for protection order.
the commission of the crime.
Entitlement of Woman Victims to Work Leave (Section
Battered Woman Syndrome as a Defense (Section 26) 43)
Those who are found by the courts to be suffering from Woman victims shall be entitled to take a paid leave of
Battered Woman Syndrome do not incur any criminal and absence up to ten (10) days in addition to other paid
civil liability notwithstanding the absence of any of the leaves under the Labor Code and Civil Service Rules and
elements for justifying circumstances of self-defense Regulations, extendible when the necessity arises as
under the RPC. specified in the protection order.

The courts shall be assisted by expert psychiatrists/ Confidentiality of Records in VAWC Cases (Section
psychologists in determining the state of mind of the 44)

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All records pertaining to cases of violence against women inadequate access to basic services needed for a
and their children including those in the barangay shall be good quality of life;
confidential and all public officers and employees and 5. Being a victim of a man-made or natural disaster or
public or private clinics to hospitals shall respect the right calamity; or
to privacy of the victim. 6. Other analogous circumstances which endanger the
life, safety or normal development of children.
Suppletory Application of RPC to VAWC (Section 47)
RPC and other applicable laws shall have suppletory Acts Punishable
application. 1. Child prostitution and other sexual abuse Section 5
(See Art. 340 under Book Two)
Note: Under Section 6, there is an attempt to commit
REPUBLIC ACT NO. 7610 child prostitution.
2. Child trafficking
SPECIAL PROTECTION OF CHILDREN Note: Under Section 8, there is an attempt to commit
AGAINST CHILD ABUSE, child trafficking,
EXPLOITATION AND DISCRIMINATION 3. Engagement of children in obscene publications and
(AS AMENDED) indecent shows
4. Engagement of children in the worst forms of child labor
(Section 12-D)
Approved: June 17, 1992 5. Employment of children as model in advertisement
directly or indirectly promoting alcoholic beverages,
Definition of Terms (Section 3) intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography
Child abuse (Section 14)
It is the maltreatment, whether habitual or not, of the child 6. Discrimination of children of indigenous cultural
which includes any of the following: communities (Section 20)
1. Psychological and physical abuse, neglect, cruelty, 7. Other Acts of Neglect, Abuse, Cruelty or Exploitation
sexual abuse and emotional maltreatment; and Other Conditions Prejudicial to the Child's
2. Any act by deeds or words which debases, degrades or Development (Section 10)
demeans the intrinsic worth and dignity of a child as a
human being; Children Exploited in Prostitution and Other Sexual
3. Unreasonable deprivation of his basic needs for Abuse (Section 5)
survival, such as food and shelter; or Children, whether male or female, who for money, profit or
4. Failure to immediately give medical treatment to an any other consideration or due to the coercion or influence
injured child resulting in serious impairment of his of any adult, syndicate or group, indulge in sexual
growth and development or in his permanent intercourse or lascivious conduct.
incapacity or death.

“Circumstances which gravely threaten or endanger


the survival and normal development of children" Persons Liable:
These include, but are not limited to, the following; 1. Those who engage in or promote, facilitate or induce
1. Being in a community where there is armed conflict or child prostitution which include, but are not limited to,
being affected by armed conflict-related activities; the following:
2. Working under conditions hazardous to life, safety and a. Acting as a procurer of a child prostitute
normal which unduly interfere with their normal b. Inducing a person to be a client of a child prostitute
development; by means of written or oral advertisements or other
3. Living in or fending for themselves in the streets of similar means
urban or rural areas without the care of parents or a c. Taking advantage of influence or relationship to
guardian or basic services needed for a good quality of procure a child as a prostitute
life; d. Threatening or using violence towards a child to
4. Being a member of a indigenous cultural community engage him as a prostitute.
and/or living under conditions of extreme poverty or in e. Giving monetary consideration, goods or other
an area which is underdeveloped and/or lacks or has pecuniary benefit to a child with the intent to
engage such child in prostitution;

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2. Those who commit the act of sexual intercourse or or model in obscene publications or pornographic
lascivious conduct with a child exploited in prostitution materials or to sell or distribute the said materials.
or subjected to other sexual abuse;
3. Those who derive profit on advantage therefrom, Other Acts of Abuse (Section 10)
whether as manager or owner of the establishment 1. Any person who shall commit any other acts of child
where the prostitution takes place or of the sauna, abuse, cruelty or exploitation or to be responsible for
disco, bar, resort, place of entertainment or other conditions prejudicial to the child's development.
establishment serving as a cover or which engages in 2. Any person who shall keep or have in his company a
prostitution in addition to activity for which the license minor, twelve (12) years or under or who in ten (10)
has been issued to said establishment. years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension
Attempt to Commit Child Prostitution (Section 6) house, sauna or massage parlor, beach and/or other
Persons Liable: tourist resort or similar.
1. Any person, who not being a relative of a child, is found Provided, that this provision shall not apply to any
alone with the said child inside the room or cubicle of a person who is related within the fourth degree of
house, an inn, hotel, motel, pension house, apartelle or consanguinity or affinity or any bond recognized by
other similar establishments, vessel, vehicle or any law, local custom and tradition or acts in the
other hidden or secluded area under circumstances performance of a social, moral or legal duty.
which would lead a reasonable person to believe that 3. Any person who shall induce, deliver or offer a minor to
the child is about to be exploited in prostitution and any one prohibited by this Act to keep or have in his
other sexual abuse; company a minor as provided in the preceding
2. Any person is receiving services from a child in a sauna paragraph.
parlor or bath, massage clinic, health club and other 4. Any person, owner, manager or one entrusted with the
similar establishments. operation of any public or private place of
accommodation, whether for occupancy, food, drink or
Child Trafficking (Section 7) otherwise, including residential places, who allows any
Any person who shall engage in trading and dealing with person to take along with him to such place or places
children including, but not limited to, the act of buying and any minor herein described.
selling of a child for money, or for any other consideration, 5. Any person who shall use, coerce, force or intimidate a
or barter. street child or any other child to:
a. Beg or use begging as a means of living;
Attempt to Commit Child Trafficking (Section 8) - b. Act as conduit or middlemen in drug trafficking or
There is an attempt to commit child trafficking: pushing; or
1. When a child travels alone to a foreign country without c. Conduct any illegal activities.
valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or Sanctions for Establishments or Enterprises (Section
written permit or justification from the child's parents or 11)
legal guardian; 1. All establishments and enterprises which promote or
2. When a person, agency, establishment or child-caring facilitate child prostitution and other sexual abuse,
institution recruits women or couples to bear children child trafficking, obscene publications and indecent
for the purpose of child trafficking; or shows, and other acts of abuse shall be immediately
3. When a doctor, hospital or clinic official or employee, closed and their authority or license to operate
nurse, midwife, local civil registrar or any other person cancelled, without prejudice to the owner or manager
simulates birth for the purpose of child trafficking; or thereof being prosecuted under this Act and/or the
4. When a person engages in the act of finding children Revised Penal Code, as amended, or special laws.
among low-income families, hospitals, clinics, 2. An establishment shall be deemed to promote or
nurseries, day-care centers, or other child-during facilitate child prostitution and other sexual abuse,
institutions who can be offered for the purpose of child child trafficking, obscene publications and indecent
trafficking. shows, and other acts of abuse if the acts constituting
the same occur in the premises of said establishment
Obscene Publications and Indecent Shows under this Act or in violation of the Revised Penal
(Section 9) – Any person who shall hire, employ, use, Code, as amended. An enterprise such as a sauna,
persuade, induce or coerce a child to perform in obscene travel agency, or recruitment agency which: promotes
exhibitions and indecent shows, whether live or in video, the aforementioned acts as part of a tour for foreign

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tourists; exhibits children in a lewd or indecent show; i. Employment contract concluded by the child's parent
provides child masseurs for adults of the same or or guardian, with the express agreement of the child
opposite sex and said services include any lascivious concerned, if possible, and the approval of the
conduct with the customers; or solicits children or DOLE and the following requisites are met:
activities constituting the aforementioned acts shall be ii. the employer shall ensure the protection, health,
deemed to have committed the acts penalized herein. safety and morals of the child;
iii. the employer shall institute measures to prevent the
Employment of Children (Section 12) - Children below child's exploitation or discrimination taking into
15 years of age shall not be employed except: account the system and level of remuneration, and
1. Child works directly under the sole responsibility of the duration and arrangement of working time; and
his/her parents or legal guardian and where only iv. the employer shall formulate and implement,
members of his/her family are employed: provided, subject to the approval and supervision of
however, that his/her employment neither endangers competent authorities, a continuing program for
his/her life, safety, health and morals, nor impairs training and skill acquisition of the child.
his/her normal development: provided further that the v.Employment does not involve commercials or
parent or legal guardian shall provide the said minor advertisements promoting alcoholic beverages,
child with the prescribed primary and/or secondary intoxicating drinks, tobacco and its byproducts and
education. violence (Section 14).
2. Child’s employment or participation in public
entertainment or information through cinema, theater, Hours of Work of a Working Child (Section 12-A)
radio or television is essential: provided that Age Provision
employment contract is concluded by the child’s Below 15 May be allowed to work for not more
parents or legal guardian, with the express agreement years of than 20 hours a week: provided that
of the child concerned, if possible, and the approval of age the work shall not be more than 4
the Department of Labor and Employment: provided hours at any given day
further that the following requirements in all instances
are strictly complied with: (PMP) Not allowed to work between 8:00
a. Employer shall ensure the protection, health, safety, PM and 6:00 AM of the following day
morals and normal development of the child; 15 years of Not allowed to work for more than 8
b. Employer institute measures to prevent the child’s age but hours a day and in no case beyond
exploitation or discrimination taking into account below 18 40 hours a week
system and level of remuneration and the duration
and arrangement of working time; Not allowed to work between 10:00
c. Employer shall formulate and implement, subject to PM and 6:00 AM the following day
the approval and supervision of competent
authorities, a continuing program for training and Worst Forms of Child Labor (Section 12-D) (SHIP)
skills acquisition of the child. 1. All forms of slavery or practices similar to slavery;
2. Use, procuring or offering of a child for prostitution, for
General Rule: No child below 15 shall be employed. the production of pornography or for pornographic
performances;
Exceptions: 3. Use, procuring or offering of a child for illegal or illicit
a. When a child works directly under the sole activities;
responsibility of his parents or legal guardian and 4. Work which, by its nature or circumstances in which it is
where only members of the employer's family, carried out, is hazardous or likely to be harmful to the
provided that health, safety or morals of children, such that it:
i. Employment does not endanger child’s life, safety a. Debases, degrades or demeans the intrinsic worth
and health and morals, nor impairs his normal and dignity of a child as a human being; or
development; b. Exposes the child to physical, emotional or sexual
ii. Parent or legal guardian shall provide the said minor abuse, or is found to be highly stressful
child with the prescribed primary and/or secondary psychologically or may prejudice morals; or
education; c.Performed underground, underwater or at dangerous
b. When a child's employment or participation in public & heights; or
entertainment or information through cinema, theater, d.Involves the use of dangerous machinery, equipment
radio or television is essential provided that and tools; or

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e. Exposes the child to physical danger or which the populace;


requires the manual transport of heavy loads; or 2. The act was committed in order to coerce the
f. Performed in an unhealthy environment exposing the government to give in to an unlawful demand.
child to hazardous working conditions, elements,
substances, co-agents or processes involving Note: The benefit of Parole under the Indeterminate
ionizing, radiation, fire, flammable substances, Sentence Law (Act. No. 4103) is not applicable to
noxious components and the like, or to extreme persons convicted under this Act.
temperatures, noise levels or vibrations; or
g. Performed under particularly difficult conditions; or Who may be liable:
h. Exposes the child to biological agents; or Description Penalty
i. Involves the manufacture or handling of explosives Conspirator Two or more 40 years
and other pyrotechnic products. (Section 4) persons come imprisonment
to an
agreement
REPUBLIC ACT NO. 9372 concerning the
HUMAN SECURITY ACT OF 2007 commission of
the crime of
AN ACT TO SECURE AND PROTECT OUR PEOPLE terrorism and
FROM TERRORISM decide to
commit the
Approved: March 9, 2007 same.
Accomplice Any person 17 years, 4
The crime of terrorism is committed by any person who (Section 5) who, not being months, 1 day
engages in any of the following acts punishable under a principal or a to 20 years
RPC and other special laws: conspirator, imprisonment
cooperates in
Under the RPC (PRC-MaKaDa) the execution of
1. Piracy in general and Mutiny in the high seas or in the either the crime
Philippine waters (Art. 122); of terrorism or
2. Rebellion or Insurrection (Art. 134); conspiracy to
3. Coup d’etat including acts committed by private commit
persons (Art. 134-a); terrorism by
4. Murder (Art. 248); previous or
5. Kidnapping and Serious Illegal Detention (Art. 267); simultaneous
6. Crimes involving destruction (Art. 324). acts.
Accessory Any person 10 years and 1
(Section 6) who, having day to 12
Under Special Laws (ATAHAF) knowledge of years
1. Arson (PD No. 1613); the commission imprisonment
2. Toxic substances and Hazardous and Nuclear Waste of the crime of
Control Act of 1990 (RA No. 6969); terrorism or
3. Atomic Energy Regulatory and Liability Act of 1968 (RA conspiracy to
No. 5207); commit
4. Anti-Hijacking Law (RA No. 6235); terrorism, and
5. Anti-Piracy and Anti-Highway Robbery Law of 1974 without having
(PD No. 532); participated
6. Decree Codifying the Laws on Illegal and Unlawful therein, takes
Possession, Manufacture, Dealing in, Acquisition or part subsequent
Disposition of Firearms, Ammunitions or Explosives to its
(PD No. 1866). commission in
any of the
PROVIDED that the following requisites are present: following
1. The act committed sows and creates a condition of manner:
widespread and extraordinary fear and panic among a. Profiting

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himself or 2. The applicant must have been duly authorized in writing


assisting the by the Anti-Terrorism Council;
offender to 3. Examination under oath or affirmation of the applicant
profit by the and the witnesses he may produce to establish that:
effects of the (CEN)
crime; a.There is probable cause to believe based on
b. Concealing personal knowledge of facts that the said crime of
or destroying terrorism or conspiracy to commit terrorism has
the body of been committed, is being committed or is about to
the crime or be committed;
the effects or b.There is probable cause to believe based on
instruments personal knowledge of facts that evidence, which is
thereof in essential to the conviction of any charged or
order to suspected person, will be obtained;
prevent its c. There is no other effective means for acquiring such
discovery; evidence.
c. Harboring,
concealing Classified Information (Section 9)
or assisting 1. Written order granted by the authorizing division of the
in the CA;
escape of 2. Order by CA to extend No.1;
the principal 3. Original application of the applicant;
or 4. Application to renew No. 3;
conspirator. 5. Written authorizations of Anti-Terrorism Council.

Note: The provisions of Articles 18 on accomplices and Provided, the person being surveilled or whose
19 on accessories of the RPC do not apply since the communications have been monitored, listened to,
penalty of nomenclature in the Act is not the same as that bugged or recorded, has the right to be informed of the
of the RPC. acts done by the law enforcement authorities and to
challenge the legality of the interference before the CA
Surveillance and Interception of Communication which issued the order.
(Section 7)
The judicial authorization shall be effective for the length
General Rule: Notwithstanding RA No. 4200 (Anti-Wire of time specified in the written order of the authorizing
Tapping Law), a police or law enforcement official and division of the CA, which shall not exceed 30 days from
members of his team may, upon written order of the Court the receipt of the order by the applicant (Section 10).
of Appeals, listen to, intercept and record any
communication between members of a judicially declared The authorizing division of the CA may extend or renew
and outlawed terrorist organization or group of persons or the said authorization for another non-extendible period,
of any person charged with or suspected of the crime of which shall not exceed 30 days from the expiration of the
terrorism or conspiracy to commit terrorism. original period, PROVIDED THAT:
1. The authorizing division of the CA is satisfied that such
Exception: Communications between: extension is in the public interest;
1. Lawyers and clients; 2. The ex parte application for extension or renewal is filed
2. Doctors and patients; by the original applicant and has been duly authorized
3. Journalists and their sources; in writing by the Anti-Terrorism Council.
4. Confidential business correspondence.
In case of death or disability of the original applicant:
Requisites for Formal Application for Judicial the application for extension shall be filed by the one next
Authorization to Intercept and Record in rank to the original applicant among the members of his
Communication: (Section 8) team.
1. There must be an ex parte application by the police or
law enforcement official;

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The applicant shall have 30 days after the termination of Evidentiary Value of Deposited Materials (Section 15)
the period granted by CA within which to file the Any listened to, intercepted, and recorded
appropriate case before the Public Prosecutor’s Office. communications, or any information or fact contained
therein, including their existence, content, substance,
If no case is filed within the 30-day period, the applicant purport, effect, or meaning, which have been secured in
shall notify the person subject of the surveillance of the violation of the pertinent provisions of this Act, shall
termination of such surveillance or recording. absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative,
Custody of Intercepted and Recorded Information or administrative investigation, inquiry, proceeding, or
(Section 11) hearing.
All tapes, discs and recordings made pursuant to the
authorization of the CA (including excerpts, summaries Proscription of Terrorist Organizations, Association
and written notes made in connection therewith) shall be or Group of Persons (Section 17)
deposited in a sealed envelope or package accompanied Any organization, association or group of persons –
by a joint affidavit of the applicant police officer or law 1. Organized for the purpose of engaging in terrorism; or
enforcement officials and the members of his team, with 2. Although not organized for that purpose, actually uses
the authorizing CA division within 48 hours after the the acts to terrorize or to sow and create a condition of
expiration of the order. widespread and extraordinary fear and panic among
the populace in order to coerce the government to give
It is unlawful for any person, police officer or any in to unlawful demand shall, upon application by DOJ
custodian of the tapes, discs and recording, and their before a competent RTC, with due notice and
excerpts and summaries, written notes or memoranda to opportunity to be heard given to the said group, be
copy in whatever form, to remove, delete, expunge, declared as a terrorist and outlawed organization,
incinerate, shred or destroy in any manner the items association, or group of persons by the said RTC.
enumerated above in whole or in part under any pretext
whatsoever. Note: An association of terrorists is not an illegal
association defined under the RPC.
Disposition of Deposited Materials (Section 13)
The sealed envelope or package and the contents thereof Illegal associations (Article 147, RPC)
shall be deemed classified information and the same shall These are associations totally or partially organized for the
not be opened and its contents shall not be divulged or purpose of committing any of the crimes punishable under
used as evidence UNLESS authorized by written order of this Code or for some purpose contrary to public morals.
the authorizing CA division.

The said written order shall be granted upon:


1. A written application of DOJ filed before the authorizing
division of CA; Period of Detention Without Judicial Warrant of Arrest
2. A showing that the DOJ has been duly authorized in (Section 18)
writing by the Anti-Terrorism Council to file such
application; General Rule: Notwithstanding Art. 125 of RPC, any
3. Proper notice to the person whose communication has police or law enforcement personnel who has taken
been subjected to surveillance that the sealed custody of a person charged or suspected of the crime of
envelope or package shall be opened. terrorism or conspiracy to commit terrorism shall deliver
said charged person to the proper judicial authority within
The written application shall clearly state the purpose 3 days counted from the moment of arrest.
or reason:
i. for opening the sealed envelope; Note: Anti-terrorism law amended Art. 125 of the RPC
ii. for revealing or disclosing its classified contents; insofar as terrorism and conspiracy to commit terrorism
iii. for replaying, divulging, and or reading any of the are concerned.
listened to, intercepted, and recorded
communications, etc.; Delay in the delivery of detained persons to the
iv. for using any of the said listened to, intercepted and proper judicial authorities (Article 125, RPC)
recorded communications as evidence (Section 14) The penalties provided in the next preceding article shall
be imposed upon the public officer or employee who shall

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detain any person for some legal ground and shall fail to enforcement personnel who has apprehended or arrested,
deliver such person to the proper judicial authorities within detained and taken custody of a person charged with or
the period of; 12 hours for crimes or offenses punishable suspected of the crime of terrorism or conspiracy to
by light penalties, or their equivalent; 18 hours for crimes commit terrorism and fails to deliver such charged or
or offenses punishable by correctional penalties, or their suspected person to the proper judicial authority within the
equivalent and 36 hours for crimes, or offenses period of 3 days.
punishable by afflictive or capital penalties, or their
equivalent. Rights of a Person under Custodial Detention (Section
21)
Exception (Section 19): In the event of actual or 1.Right to be informed of the nature and cause of his
imminent terrorist attack, suspects may be detained for arrest;
more than 3 days upon written approval of: 2. Right to remain silent;
1. Municipal, city, provincial or regional official of Human 3.Right to have competent and independent counsel
Rights Commission; preferably of his choice.
2. Judge of MTC, RTC or Sandiganbayan; or
3. Justice of CA nearest the place of arrest. The written If the person cannot afford the services of counsel of his
approval must be procured within 5 days after the date choice, the police or law enforcement officers
of detention. concerned shall immediately contact the free legal
assistance unit of the IBP or PAO;
Provided that within 3 days after detention, suspects
whose connection with the terror attack or threat is not 4. Right to be informed of the cause of his detention in the
established, shall be released immediately. presence of his legal counsel;
If the arrest is made during Saturdays, Sundays, 5. Allowed to communicate freely with his counsel;
Holidays or after office hours, the police or law 6. Allowed to communicate freely and privately with the
enforcement personnel shall bring the arrested person members of his family or with his nearest relatives and
to the residence of any of the officials mentioned to be visited by them;
above that is nearest the place where the accused 7. Allowed freely to avail of the service of a physician of
was arrested. choice.

Special Cases Restriction on Travel (Section 26)


Where the arrest resulted from: Requisites
1. Surveillance or interception of communication; OR 1. Evidence of guilt is not strong;
2. Examination of bank deposits. 2. Person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is
Before detaining the person suspected of the crime of granted the same;
terrorism or conspiracy to commit terrorism, the arresting 3. Application by the prosecutor to the court to limit the
officer shall present him/her before any judge at the right of travel of the accused.
latter’s residence or office nearest the place where the
arrest took place at any time of the day or night. The Limitation to the right of travel of the accused
following shall be the duties of the judge in such case: 1. Within the municipality or city where he resides or
1. Ascertain the identity of the police or law enforcement where the case is pending: travel outside of said
personnel and the person arrested; municipality or city, without the authorization of the
2. Inquire on the reason for the arrest; court, shall be deemed a violation of the terms and
3. Determine whether or not the person arrested has been conditions of his bail, which shall be then forfeited as
subjected to any physical, moral or psychological provided under the rules of court.
torture, by whom and why; 2. House arrest at the usual place of residence of the
4. Submit a written report of his/her observations within 3 accused: accused may not use telephones,
calendar days from the time the suspect was brought cellphones, e-mails, computers, the internet or other
before him. means of communications with people outside the
residence until otherwise ordered by the court.
Failure to Deliver Suspect to Proper Judicial Authority
(Section 20) Modes of termination of restrictions
The penalty of 10 years and 1 day to 12 years or 1. Upon the acquittal of the accused;
imprisonment shall be imposed upon any police or law 2. Dismissal of the case filed against the accused;

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3. Upon the discretion of the court on motion of the It may be extended for another period which shall not
prosecutor or of the accused. exceed 30 days from the expiration of the original period,
provided:
Examination of Bank Deposits, Accounts and Records 1. The authorizing division of the CA is satisfied that such
(Section 27) extension is in the public interest;
Notwithstanding RA No. 1405 (Bank Secrecy Law) as 2.The application for extension or renewal must have
amended, judicial authorization to examine bank deposits, been authorized in writing by the Anti-Terrorism
accounts and records may be procured from the justices Council;
of CA designated to handle anti-terrorism cases after 3. Such must be filed by the original applicant.
satisfying themselves of the existence of probable cause
in hearing for that purpose that: In case of death or disability of the original applicant –
1. A person charged with or suspected of the crime of the one next in rank to the original applicant among the
terrorism or, conspiracy to commit terrorism; members of his team shall file the application for
2. Of a judicially declared and outlawed terrorist extension.
organization, association, or group of persons; and
3. Of a member of such judicially declared and outlawed The applicant shall have 30 days after the termination of
organization, association, or group of persons, may the period granted by the CA within which to file the
authorize in writing any police or law enforcement appropriate case before the Public Prosecutor’s Office for
officer and the members of his/her team duly any violation of this Act.
authorized in writing by the anti-terrorism council to:
a. Examine, or cause the examination of, the deposits, If no case is filed within the said period, the applicant shall
placements, trust accounts, assets and records in a immediately notify in writing the person subject of bank
bank or financial institution; and examination and freezing of accounts.
b. Gather or cause the gathering of any relevant
information about such deposits, placements, trust Custody of Bank Data and Information (Section 31)
accounts, assets, and records from a bank or All information, summaries and other documents obtained
financial institution. from the examination of bank deposits shall within 48
hours after the expiration of the period fixed in the written
Note: The bank or financial institution concerned, shall not order be deposited with the authorizing division of CA in a
refuse to allow such examination or to provide the desired sealed envelope or package and shall be accompanied by
information, when so, ordered by and served with the a joint affidavit of the applicant police or law enforcement
written order of the Court of Appeals. official and the persons who actually conducted the
examination of said bank deposits, placements, trust
accounts, assets and records.
Requisites for application to examine bank deposits
(Section 28): Disposition of Bank Materials (Section 33)
1. Ex parte application to the CA by the police or law The sealed envelope or package shall not be opened and
enforcement official; its contents shall not be used as evidence unless
2. The police or law enforcement official must be authorized in a written order of the authorizing division of
authorized in writing by the Anti-Terrorism Council to CA.
file such application;
3. Examination under oath or affirmation of the applicant Requisites in applying for judicial authorization to
and the witnesses he may produce to establish the open the sealed envelope containing records of bank
facts that will justify the need and urgency of account:
examining and freezing the bank deposits, 1. Written application of DOJ filed before the authorizing
placements, trust accounts, assets and records. division of CA;
2. Authorization in writing by the Anti-terrorism Council to
Effective period of court authorization to examine and file such application;
obtain information on bank deposits, accounts and 3. Notice in writing to the party concerned not later than 3
records (Section 30) – time specified in the written order, days before the scheduled opening;
which shall not exceed 30 days from the date of the 4. The application and notice must clearly state the reason
receipt of the written order by the applicant police. for opening or using the information.

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Evidentiary Value of Deposited Bank Materials Infidelity in the Custody of Detained Persons (Section
(Section 35) 44)
Any information secured in violation of this act shall not be
admissible as evidence in any judicial, quasi-judicial, Infidelity
legislative, or administrative investigation, inquiry, It is committed when any public officer who has direct
proceeding, or hearing. custody of a detained person and who by his deliberate
act, misconduct or inexcusable negligence causes or
Seizure and Sequestration (Section 39) allows the escape of such detained person.
The said accounts shall be seized, sequestered, and
frozen in order to prevent their use or transfer for Penalties
purposes that are inimical to the safety and security of the 1. If the detained person has already been convicted and
people or injurious to the state. sentenced in a final judgment: imprisonment for 12
years and 1 day to 20 years.
Note: The accused may withdraw such sums as may be 2. If the detained person has not been convicted and
reasonably needed by the monthly needs of his family sentenced in a final judgment: imprisonment for 6
including the services of his counsel upon approval of the years and 1 day to 12 years.
court.
The acquittal of the accused or the dismissal of the case
The accused may also use any of his property that is shall be a bar to another prosecution for any offense or
under seizure or sequestration or frozen because of his or felony which is necessarily included in the offense
her indictment as a terrorist upon permission of the court charged under this Act (Section 49).
for any legitimate reason.
Requisites:
If the person suspected of or charged with the crime of 1. There must be a valid complaint or information or other
terrorism or conspiracy to commit terrorism is found, after formal charge sufficient in form and substance to
his investigation, to be innocent by the investigating body, sustain conviction; and
or is acquitted, after his arraignment or his case is 2. The accused had pleaded to the charge.
dismissed before his arraignment by a competent court
(Section 41). Upon acquittal, any person accused of terrorism shall be
entitled to the payment of damages in the amount of
Effects: P500,000.00 for every day that he has been detained
1. The seizure, sequestration and freezing of his bank without warrant (Section 50).
deposits, placements, trust accounts, assets and
records shall forthwith be deemed lifted by the The provisions of Book 1 of the RPC shall be applicable to
investigating body or by the competent court, as the this act (Section 52).
case may be, and
2. His bank deposits, placements, trust accounts, assets Extra-territorial Application of This Act (Section 58)
and records shall be deemed released from such Subject to the provision of an existing treaty of which the
seizure, sequestration and freezing, and shall be Philippines is a signatory and to any contrary provision of
restored to him without any delay by the bank or any law of preferential application, the provisions of this
financial institution concerned without any further act shall apply:
action on his part. 1. To individual persons who commit any of the crimes
defined and punished under this act within the
The filing of any appeal on motion for reconsideration terrestrial domain, interior waters, maritime zone, and
shall not state the release of said funds from seizure, airspace of the Philippines;
sequestration and freezing. 2. To those who, although physically outside the territorial
limits of the Philippines, commit, conspire or plot to
If the person charged with the crime of terrorism or commit any of the crimes defined and punished in this
conspiracy to commit terrorism is convicted by a final act inside the territorial limits of the Philippines;
judgment of a competent trial court, his seized, 3. To those who, although physically outside the territorial
sequestered and frozen bank deposits, placements, trust limits of the Philippines, commit any of the said crimes
accounts, assets and records shall be automatically on board Philippine ship or airship;
forfeited in favor of the government. 4. To those who commit any of the said crimes within any
embassy, consulate or diplomatic premises belonging

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to or occupied by the Philippine Government in an


official capacity; 3. Tampering of firearm's serial number (Section 5);
5. To those who, although physically outside the territorial 4. Repacking or altering the composition of lawfully
limits of the Philippines, commit said crimes against manufactured explosives (Section 6);
Philippine citizens or persons of Philippine descent, 5. Unauthorized issuance of authority to carry firearm
where their citizenship or ethnicity was a factor in the and/or ammunition outside of residence (Section 7).
commission of the crime;
6. To those who, although physically outside the territorial Note: Under nos. 1 and 2:
limits of the Philippines, commit said crimes directly a. If homicide or murder (no. 1) or crimes defined in the
against the Philippine Government. RPC or special laws (no. 2) is/are committed with the
use of an unlicensed firearm, such use of an
Note: The provisions of this Act shall be automatically unlicensed firearm shall be considered as an
suspended 1 month before and 2 months after the holding aggravating circumstance.
of any election (Section 62). b. If the violation is in furtherance of or incident to, or in
connection with the crime of rebellion or insurrection,
sedition, or attempted coup d'etat, such violation shall
PRESIDENTIAL DECREE NO. 1866, AS be absorbed as an element of the crime of rebellion, or
AMENDED BY RA 8294 insurrection, sedition, or attempted coup d'etat.

Definition of Terms (Section 1 IRR of P.D. 1866)


Codifying the Laws on Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition, of Firearm
Firearms, Ammunition or Explosives or Instruments As herein used, includes rifles, muskets, carbines,
Used in the Manufacture of Firearms, Ammunition or shotguns, revolvers, pistols and all other deadly weapons
Explosives, and Imposing Stiffer Penalties for Certain from which a bullet, ball, shot, shall or other missile may
Violations Thereof and for Relevant Purposes be discharged by means of gunpowder or other
explosives. The term also includes air rifles and air pistols
Approved: June 29, 1983 not classified as toys under the provisions of Executive
Order No. 712 dated July 28, 1981. The barrel of any
Acts Punishable firearm shall be considered a complete firearm.
1. Unlawful manufacture, sale, acquisition, disposition or
possession of firearms or ammunition or instruments Ammunition
used or intended to be used in the manufacture of It refers to loaded shells for rifles, muskets, carbines,
firearms of ammunition (Section 1). shotguns, revolvers, pistols and other firearms from which
a bullet, ball, shot, shall or other missile may be fired by
The possession of any machinery, tool or instrument means of gunpowder of explosives.
used directly in the manufacture of firearms or
ammunition, by any person whose business or Permit To Carry Firearm Outside of Residence
employment does not lawfully deal with the It is a written authority issued to any person by the Chief
manufacture of firearms or ammunition, shall be prima of Constabulary which entitles such person o carry his
facie evidence that such article is intended to be used licensed or lawfully issued firearms outside of residence
in the unlawful/illegal manufacture of firearms or for the duration and purpose specified therein.
ammunition;
Residence
2. Unlawful manufacture, sale, acquisition, disposition or It refers to that place where the firearm and ammunition is
possession of explosives (Section 3). being permanently kept. It includes the office or house
where it is kept and premises of the house enclosed by
The possession of any machinery, tool or instrument walls and gates separating said premises from adjacent
directly used in the manufacture of explosives, by any properties. For firearms covered by a Regular License or
person whose business or employment does not Special Permit their residence shall be that specified in
lawfully deal with the manufacture of explosives shall the license or permit; and those covered by a Certificate of
be prima facie evidence that such article is intended to Registration or a Memorandum Receipt their residence in
be used in the unlawful/illegal manufacture of the office/station to which the grantee belongs.
explosives;

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The term unlicensed firearm shall include: (Section 5 of records (Section not less than P100,000.00 but
RA 8294) 9b) not more than P500,000.00 or
1. Firearms with expired license; or both.
2. Unauthorized use of licensed firearm in the commission 6 months - 4 years
of the crime. imprisonment and fine of not
Malicious less than P100,000.00 but not
reporting more than P500,000.00
REPUBLIC ACT NO. 9160 (AS (Section 14c) –
AMENDED BY R.A. 9194) any person who, Offender is a juridical
ANTI-MONEY LAUNDERING with malice, or in person: court may suspend or
bad faith, reports revoke its license
ACT OF 2001 or files a
completely Offender is an alien:
Money laundering (Section 4) unwarranted or deportation without further
It is a scheme whereby the proceeds of an illegal activity false information proceedings after serving the
are transacted and made to appear to have originated relative to money penalties prescribed
from legitimate sources. laundering Offender is a public
Covered Institutions (Section 3a) transaction official/employee: in addition
1. All those supervised and regulated by BSP; against any to the penalties prescribed,
2. All those supervised and regulated by the SEC; person. perpetual or temporary
3. All those supervised and regulated by the Insurance absolute disqualification from
Commission. office
3-8 years imprisonment and
Money laundering is committed by (Section 4): fine of not less than
1. Any person knowing that a monetary instrument is P500,000.00 but more than
related to the proceeds of an unlawful activity, enters P1,000,000.00
or attempts to enter into a transaction using the said
monetary instrument; Breach of Note: In the case of a breach
2. Any person knowing that a monetary instrument confidentiality of confidentiality that is
involves the proceeds of an unlawful activity, performs (Section 9c) published or reported by
or fails to perform any act as a result of which he media, the responsible
facilitates the offence of money laundering; reporter, writer, president,
3. Any person knowing that a monetary instrument is publisher, manager and editor-
required under the AMLA to be disclosed and filed with in-chief shall be liable under
the Anti-Money Laundering Council, fails to do so. this Act.

Penalty Definition of Terms (Section 3)


Punishable Act
(Section 14)
1. 7-14 years imprisonment Covered Transaction
and fine not less than It is transaction in cash or other equivalent monetary
P3,000,000.00 but not more instrument involving a total amount in excess of
than twice the value of P500,000.00 that is done with the covered institution,
monetary instrument or within 1 banking day.
property involved;
Money 2. 4-7 years imprisonment and Suspicious transaction
laundering fine not less than It is transaction which must be reported by a covered
(Section 4) P1,500,000.00 but not more institution regardless of the amount involved provided that
than P3,000,000.00; the following circumstances are present:
3. 6 months - 4 years 1. The individual making the transaction is not properly
imprisonment or fine not less identified;
than P100,000.00 but not 2. There is no underlying legal or trade obligation, purpose
more than P500,000.00 or or economic justification for that transaction;
both.
Failure to keep 6 months - 1 year or a fine of

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3. The amount involved is not commensurate with the Approved: January 16, 1981
business or financial capacity of the individual making
the transaction; Acts Punishable (Section 1)
4. The transaction is structured in a manner that invites 1. Preventing witnesses from testifying in any criminal
suspicion, that it is trying to avoid the reporting proceeding or from reporting the commission of any
requirement under the AMLA; offense or the identity of any offender/s by means of
5. Any circumstance relating to the transaction which is bribery, misrepresentation, deceit, intimidation, force or
observed to deviate from the client’s past transactions; threats;
6. The transaction is in any way related to an unlawful 2. Altering, destroying, suppressing or concealing any
activity under the AMLA. paper, record, document or object, with intent to impair
its verity, authenticity, legibility, availability, or
Unlawful Activities under AMLA admissibility as evidence in any investigation of or
Any act or omission or series or combination thereof official proceedings in, criminal cases, or to be used in
involving or having relation to the following: the investigation of, or official proceedings in, criminal
1. Kidnapping for Ransom cases;
2. Drug Offenses 3. Harboring or concealing, or facilitating the escape of,
3. Graft and Corrupt Practices any person he knows, or has reasonable ground to
4. Plunder believe or suspect, has committed any offense under
5. Robbery and Extortion existing penal laws in order to prevent his arrest,
6. Jueteng and Masiao prosecution and conviction;
7. Piracy on the High Seas 4. Publicly using a fictitious name for the purpose of
8. Qualified Theft concealing a crime, evading prosecution or the
9. Swindling execution of a judgment, or concealing his true name
10. Smuggling and other personal circumstances for the same
11. Electronic Commerce Crimes purpose or purposes;
12. Hijacking, Destructive Arson and Murder 5. Delaying the prosecution of criminal cases by
13. Securities Fraud obstructing the service of process or court orders or
14. Felonies or offenses of a similar nature punishable disturbing proceedings in the fiscal’s offices, in
under the penal laws of other countries Tanodbayan, or in the courts;
6. Making, presenting or using any record, document,
Note: Under the AMLA, a person can be prosecuted and paper or object with knowledge of its falsity and with
punished for both the underlying unlawful activity and the intent to affect the course or outcome of the
money laundering offense, and the proceeds thereof can investigation of, or official proceedings in, criminal
be confiscated or forfeited in favor of the government. cases;
(Section 6). 7. Soliciting, accepting, or agreeing to accept any benefit
in consideration of abstaining from, discounting or
What is the effect of the bank deposit secrecy laws on impeding the prosecution of a criminal offender;
the implementation of AMLA? 8. Threatening directly or indirectly another with the
When reporting covered or suspicious transactions to the infliction of any wrong upon his person, honor or
Anti-Money Laundering Council, covered institutions and property or that of any immediate member or members
their officers and employees are not deemed to have of his family in order to prevent such person from
violated the bank deposit secrecy laws. However, they are appearing in the investigation of, or official
strictly prohibited from disclosing such transactions to any proceedings in, criminal cases, or imposing a
person in any manner or by any means. The violation of condition, whether lawful or unlawful, in order to
confidentiality makes them criminally liable. (Section 9). prevent a person from appearing in the investigation of
or in official proceedings in, criminal cases;
9. Giving of false or fabricated information to mislead or
PD 1829 prevent the law enforcement agencies from
PENALIZING OBSTRUCTION OF apprehending the offender or from protecting the life or
APPREHENSION AND PROSECUTION OF property of the victim; or fabricating information from
the data gathered in confidence by investigating
CRIMINAL OFFENDERS authorities for purposes of background information and
not for publication and publishing or disseminating the
same to mislead the investigator or to the court.

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ascendants, descendants, relatives, or any other


The fact that the offender is not criminally liable as person.
accessory under Article 20 of the RPC does not absolve 2. Property unlawfully acquired by the respondent, but
him from liability for his acts punishable under PD 1829. transferred by him to another person or persons on or
after the effectivity of this Act.
Note: If any of the foregoing acts are committed by a 3. Property donated to the respondent during his
public official or employee, he shall, in addition to the incumbency, unless he can prove to the satisfaction
penalties provided thereunder, suffer perpetual of the court that the donation is lawful.
disqualification from holding public office. (Section 2)
Filing of Petition (Section 2)
1. A complaint is filed by any taxpayer to the city or
REPUBLIC ACT NO. 1379 provincial fiscal;
2. The fiscal shall conduct a previous inquiry similar to
AN ACT DECLARING FORFEITURE IN preliminary investigations in criminal cases and shall
FAVOR OF THE STATE ANY PROPERTY certify to the Solicitor General that there is reasonable
FOUND TO HAVE BEEN UNLAWFULLY ground to believe that there has been committed a
ACQUIRED BY ANY PUBLIC OFFICER violation of this Act and the respondent is probably
guilty thereof;
OR EMPLOYEE AND PROVIDING FOR 3. The Solicitor General shall file, in the name and on
THE PROCEEDINGS THEREFOR. behalf of the Republic of the Philippines, in the Court
of First Instance (now RTC) of the city or province
where said public officer or employee resides or holds
Approved: June 18, 1955 office, a petition for a writ commanding said officer or
employee to show cause why the property aforesaid,
Acts Punishable or any part thereof, should not be declared property of
1. Transfer or conveyance of any unlawfully acquired the State.
property by any public officer or employee; or
2. Acceptance of such transfer or conveyance by any Note: No such petition shall be filed within one year
person. before any general election or within three months before
any special election.

The property shall be presumed prima facie to have been


Definition of Terms (Section 1) unlawfully acquired whenever any public officer or
employee has acquired during his incumbency an amount
Public officer or employee of property which is manifestly out of proportion to his
Any person holding any public office or employment by salary as such public officer or employee and to his other
virtue of an appointment, election or contract, and any lawful income and the income from legitimately acquired
person holding any office or employment, by appointment property.
or contract, in any State owned or controlled corporation
or enterprise. The resignation, dismissal or separation of the officer or
employee from his office or employment in the
Other legitimately acquired property Government or in the Government-owned or controlled
It means any real or personal property, money or corporation shall not be a bar to the filing of the petition:
securities which the respondent has at any time acquired Provided, however, That the right to file such petition shall
by inheritance and the income thereof, or by gift inter prescribe after four years from the date of the resignation,
vivos before his becoming a public officer or employee, or dismissal or separation or expiration of the term of the
any property (or income thereof) already pertaining to him officer or employee concerned.
when he qualified for public office or employment, or the
fruits and income of the exclusive property of the Effect of failure of respondent to show that he has
respondent's spouse. It shall not include: lawfully acquired the subject property (Section 6)
1. Property unlawfully acquired by the respondent, but The court shall declare such property, forfeited in favor of
its ownership is concealed by its being recorded in the State, and by virtue of such judgment the property
the name of, or held by, the respondent's spouse, aforesaid shall become property of the State

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Note: No judgment shall be rendered within six months freedom, abuse of authority or moral ascendancy, debt-
before any general election or within three months before bondage or deception.
any special election. The Court may, in addition, refer the
case to the corresponding Executive Department for Sex Tourism
administrative or criminal action, or both. It refers to a program organized by travel and tourism-
related establishments and individuals which consists of
tourism packages or activities utilizing and offering escort
REPUBLIC ACT NO. 9208 and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest
ANTI-TRAFFICKING IN PERSONS ACT and recreation periods for members of the military.
OF 2003
Sexual Exploitation
Approved: May 26, 2003 It refers to participation by a person in prostitution or the
Definition of Terms (Section 3) production of pornographic materials as a result of being
subjected to a threat, deception, coercion, abduction,
Trafficking in Persons force, abuse of authority, debt bondage, fraud or through
It refers to the recruitment, transportation, transfer or abuse of a victim's vulnerability.
harboring, or receipt of persons with or without the victim's
consent or knowledge, within or across national borders Debt Bondage
by means of threat or use of force, or other forms of It refers to the pledging by the debtor of his/her personal
coercion, abduction, fraud, deception, abuse of power or services or labor or those of a person under his/her
of position, taking advantage of the vulnerability of the control as security or payment for a debt, when the length
person, or the giving or receiving of payments or benefits and nature of services is not clearly defined or when the
to achieve the consent of a person having control over value of the services as reasonably assessed is not
another person for the purpose of exploitation which applied toward the liquidation of the debt.
includes at a minimum, the exploitation or the prostitution
of others or other forms of sexual exploitation, forced labor Pornography
or services, slavery, servitude or the removal or sale of It refers to any representation, through publication,
organs. exhibition, cinematography, indecent shows, information
technology, or by whatever means, of a person engaged
The recruitment, transportation, transfer, harboring or in real or simulated explicit sexual activities or any
receipt of a child for the purpose of exploitation shall also representation of the sexual parts of a person for primarily
be considered as "trafficking in persons" even if it does sexual purposes.
not involve any of the means set forth in the preceding
paragraph. Acts Punishable
1. Acts of trafficking in persons (Section 4):
Child a. To recruit, transport, transfer, harbor, provide, or
It refers to a person below eighteen (18) years of age or receive a person by any means, including those
one who is over eighteen (18) but is unable to fully take done under the pretext of domestic or overseas
care of or protect himself/herself from abuse, neglect, employment or training or apprenticeship, for the
cruelty, exploitation, or discrimination because of a purpose of prostitution, pornography, sexual
physical or mental disability or condition. exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
Prostitution b. To introduce or match for money, profit, or material,
It refers to any act, transaction, scheme or design economic or other consideration, any person or, as
involving the use of a person by another, for sexual provided for under Republic Act No. 6955, any
intercourse or lascivious conduct in exchange for money, Filipino woman to a foreign national, for marriage for
profit or any other consideration. the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution,
Forced Labor and Slavery pornography, sexual exploitation, forced labor,
It is refer to the extraction of work or services from any slavery, involuntary servitude or debt bondage;
person by means of enticement, violence, intimidation or c. To offer or contract marriage, real or simulated, for
threat, use of force or coercion, including deprivation of the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography,

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sexual exploitation, forced labor or slavery, redress from the government or appropriate
involuntary servitude or debt bondage; agencies; and
d. To undertake or organize tours and travel plans g. To knowingly benefit from, financial or otherwise, or
consisting of tourism packages or activities for the make use of, the labor or services of a person held
purpose of utilizing and offering persons for to a condition of involuntary servitude, forced labor,
prostitution, pornography or sexual exploitation; or slavery.
e. To maintain or hire a person to engage in prostitution
or pornography; 3. Qualified trafficking in persons (Section 6):
f. To adopt or facilitate the adoption of persons for the a. Trafficked person is a child;
purpose of prostitution, pornography, sexual b. Adoption is effected through RA 8043, otherwise
exploitation, forced-labor, slavery, involuntary known as the "Inter-Country Adoption Act of 1995"
servitude or debt bondage; and said adoption is for the purpose of prostitution,
g. To recruit, hire, adopt, transport or abduct a person, pornography, sexual exploitation, forced labor,
by means of threat or use of force, fraud, deceit, slavery, involuntary servitude or debt bondage;
violence, coercion, or intimidation for the purpose of c. Crime is committed by a syndicate, or in large scale.
removal or sale of organs of said person; Trafficking is deemed committed by a syndicate if
h. To recruit, transport or adopt a child to engage in carried out by a group of three (3) or more persons
armed activities in the Philippines or abroad. conspiring or confederating with another. It is
deemed committed in large scale if committed
2. Acts that promote trafficking in persons (Section 5): against three (3) or more persons, individually or as
a. To knowingly lease or sublease, use or allow to be a group;
used any house, building or establishment for the d. Offender is an ascendant, parent, sibling, guardian or
purpose of promoting trafficking in persons; a person who exercises authority over the trafficked
b. To produce, print and issue or distribute unissued, person or when the offense is committed by a public
tampered of fake counseling certificates, registration officer or employee;
stickers and certificates of any government agency e. Trafficked person is recruited to engage in
which issues these certificates and stickers as proof prostitution with any member of the military or law
of compliance with government regulatory and pre- enforcement agencies;
departure requirement for the purpose of promoting f. Offender is a member of the military or law
trafficking in persons; enforcement agencies; and
c. To advertise, publish, print, broadcast or distribute, or g. Act of trafficking in persons, by reason or on
cause the advertisement, publication, printing, occasion, the offended party dies, becomes insane,
broadcasting or distribution by any moans, including suffers mutilation or is afflicted with Human
the use of information technology and the internet, of Immunodeficiency Virus (HIV) or the Acquired
any brochure, flyer, or any propaganda material that Immune Deficiency Syndrome (AIDS).
promotes trafficking in persons;
d. To assist in the conduct of misrepresentation or fraud 4. To buy or engage the services of trafficked persons for
for purposes of facilitating the acquisition of prostitutions (Section 11).
clearances and necessary exit documents from
government agencies that are mandated to provide Who May File Complaint for Trafficking (Section 8):
pre-departure registration and services for departing (CAT-PLSS)
persons for the purpose of promoting trafficking in 1. Children;
persons; 2. Any person who has personal knowledge of the
e. To facilitate, assist or help in the exit and entry of commission of any offense under this Act;
persons from/to the country at international and local 3. Trafficked person;
airports, territorial boundaries and seaports who are 4. Parents;
in possession of unissued, tampered or fraudulent 5. Legal guardian;
travel documents for he purpose of promoting 6. Spouse;
trafficking in persons; 7. Siblings;
f. To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of Prescriptive Period (Section 12) – 10 years
trafficked persons in furtherance of trafficking or to If committed by a syndicate or in a large scale – 20 years
prevent them from leaving the country or seeking

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The period shall commence to run from the day on which more States, including belligerent occupation; or non-
the trafficked person is delivered or released from the international, that is, between governmental authorities
conditions of bondage and shall be interrupted by the and organized armed groups or between such groups
filing of the complaint or information and shall commence within a State. It does not cover internal disturbances or
to run again when such proceedings terminate without the tensions such as riots, isolated and sporadic acts of
accused being convicted or acquitted or are unjustifiably violence or other acts of a similar nature.
stopped for any reason not imputable to the accused.
Armed Forces
Legal Protection to Trafficked Persons (Section 17) It is all organized armed forces, groups and units that
Trafficked persons shall be recognized as victims of the belong to a party to an armed conflict which are under a
act or acts of trafficking and as such shall not be command responsible to that party for the conduct of its
penalized for crimes directly related to the acts of subordinates. Such armed forces shall be subject to an
trafficking enumerated in this Act or in obedience to the internal disciplinary system which enforces compliance
order made by the trafficker in relation thereto. with International Humanitarian Law.

Note: The consent of a trafficked person to the intended Attack Directed Against Any Civilian Population
exploitation set forth in this Act shall be irrelevant. It is 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
REPUBLIC ACT NO. 9851 furtherance of a State or organizational policy to commit
AN ACT DEFINING AND PENALIZING such attack.
CRIMES AGAINST INTERNATIONAL Effective Command and Control or Effective Authority
HUMANITARIAN LAW. GENOCIDE AND and Control
OTHER CRIMES AGAINST HUMANITY, It means having the material ability to prevent and punish
ORGANIZING JURISDICTION, the commission of offences by subordinates.
DESIGNATING SPECIAL COURTS, AND Enforced or Involuntary Disappearance of Persons
FOR RELATED PURPOSES It 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
Definition of Terms (Section 3) acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons,
Apartheid with the intention of removing them from the protection of
It means inhumane acts committed in the context of an the law for a prolonged period of time.
institutionalized regime of systematic oppression and
domination by one racial group or groups and committed Enslavement
with the intention of maintaining that regime. It is the exercise of any or all of the powers attaching to
the right of ownership over a person and includes the
Arbitrary deportation or forcible transfer of population exercise of such power in the course of trafficking in
It means forced displacement of the persons concerned persons, in particular women and children.
by expulsion or other coercive acts from the area in which
they are lawfully present, without grounds permitted under Extermination
domestic or international law. It is the intentional infliction of conditions of life, inter alia,
the deprivation of access to food and medicine, calculated
Armed Conflict to bring about the destruction of a part of a population.
It refers to any use of force or armed violence between
States or a protracted armed violence between Forced Pregnancy
governmental authorities and organized armed groups or It means the unlawful confinement of a woman to be
between such groups within a State: Provided, That such forcibly made pregnant, with the intent of affecting the
force or armed violence gives rise, or may give rise, to a ethnic composition of any population or carrying out other
situation to which the Geneva Conventions of 12 August grave violations of international law.
1949, including their common Article 3, apply. Armed
conflict may be international, that is, between two (2) or Hors de combat

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It means a person who: 2. A prisoner of war or any person deprived of liberty for
1. Is in the power of an adverse party; reasons related to an armed conflict;
2. Has clearly expressed an intention to surrender; or 3. A civilian or any person not taking a direct part or
3. Has been rendered unconscious or otherwise having ceased to take part in the hostilities in the
incapacitated by wounds or sickness and therefore is power of the adverse party;
incapable of defending himself: 4. A person who, before the beginning of hostilities, was
considered a stateless person or refugee under the
Provided, that in any of these cases, the person abstains relevant international instruments accepted by the
from any hostile act and does not attempt to escape. parties to the conflict concerned or under the national
legislation of the state of refuge or state of residence;
Military Necessity 5. A member of the medical personnel assigned
It means the necessity of employing measures which are exclusively to medical purposes or to the
indispensable to achieve a legitimate aim of the conflict administration of medical units or to the operation of or
and are not otherwise prohibited by International administration of medical transports; or
Humanitarian Law. 6. A member of the religious personnel who is exclusively
engaged in the work of their ministry and attached to
Non-defended Locality the armed forces of a party to the conflict, its medical
It refers to a locality that fulfills the following conditions: units or medical transports, or non-denominational,
1. All combatants, as well as mobile weapons and mobile noncombatant military personnel carrying out functions
military equipment, must have been evacuated; similar to religious personnel.
2. No hostile use of fixed military installations or
establishments must have been made; Superior
3. No acts of hostility must have been committed by the 1. A military commander or a person effectively acting as
authorities or by the population; and a· military commander; or
4. No activities in support of military operations must have 2. Any other superior, in as much as the crimes arose
been undertaken. from activities within the effective authority and control
of that superior.
No quarter will be given
It means refusing to spare the life of anybody, even of Torture
persons manifestly unable to defend themselves or who It is the intentional infliction of severe pain or suffering,
clearly express their intention to surrender. whether physical, mental, or psychological, upon a person
in the custody or under the control of the accused; except
Perfidy that torture shall not include pain or suffering arising only
It means acts which invite the confidence of an adversary from, inherent in or incidental to, lawful sanctions.
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 Works and Installations Containing Dangerous Forces
that confidence, including but not limited to: It means works and installations the attack of which may
1. Feigning an intent to negotiate under a flag of truce; cause the release of dangerous forces and consequent
2. Feigning surrender; severe losses among the civilian population, namely:
3. Feigning incapacitation by wounds or sickness; dams, dikes, and nuclear, electrical generation stations.
4. Feigning civilian or noncombatant status; and
5. Feigning protective status by use of signs, emblems or Acts Punishable:
uniforms of the United Nations or of a neutral or other A. War Crimes, which include the following (Section 4):
state not party to the conflict. 1. In case of an international armed conflict, grave
breaches of the Geneva Conventions of August 12,
Persecution 1949, namely, any of the following acts against
It is the intentional and severe deprivation of fundamental persons or property protected under the provisions
right contrary to international law by reason of identity of of the relevant Geneva Convention:
the group or collectivity. a. Willful killing;
b. Torture or inhuman treatment, including biological
Protected Person in an armed conflict means: experiments;
1. A person wounded, sick or shipwrecked, whether c. Willfully causing great suffering, or serious injury
civilian or military; to body or health;

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d. Extensive destruction and appropriation of protection given to civilians or civilian objects


property not justified by military necessity and under the international law of armed conflict;
carried out unlawfully and wantonly; e. Launching an attack with the knowledge that such
e. Willfully depriving a prisoner of war or other attack will cause incidental loss of life or injury to
protected person of the rights of fair and regular civilians or damage to civilian objects or
trial; widespread, long-term and severe damage to the
f. Arbitrary deportation or forcible transfer of natural environment which would be excessive in
population or unlawful confinement; relation to the concrete and direct military
g. Taking of hostages; advantage anticipated;
h. Compelling a prisoner of war or other protected f. Launching an attack against works or installations
person to serve in the forces of a hostile power; will cause excessive loss of life, injury to civilians
and or damage to civilian objects, and causing death
i. Unjustifiable delay in the repatriation of prisoners or serious injury to body or health;
of war or other protected persons. g. Attacking or bombarding, by whatever means,
towns, villages, dwellings or buildings which are
2. In case of a non-international armed conflict, serious undefended and which are not military
violations of common Article 3 to the four (4) Geneva objectives, or making non-defended localities or
Conventions of August 12, 1949, namely, any of the demilitarized zones the object of attack;
following acts committed against persons taking no h. Killing or wounding a person in the knowledge
active part in the hostilities, including members of the that he/she is hors de combat, including a
armed forces who have laid down their arms and combatant who, having laid down his/her arms or
those placed hors de combat by sickness, wounds, no longer having means of defense, has
detention or any other cause: surrendered at discretion;
a. Violence to life and person, in particular, willful i. Making improper use of a flag of truce, of the flag
killings, mutilation, cruel treatment and torture; or the military insignia and uniform of the enemy
b. Committing outrages upon personal dignity, in or of the United Nations, as well as of the
particular, humiliating and degrading treatment; distinctive emblems of the Geneva Conventions
c. Taking of hostages; and or other protective signs under International
d. The passing of sentences and the carrying out of Humanitarian Law, resulting in death, serious
executions without previous judgment pronounced personal injury or capture;
by a regularly constituted court, affording all j. Intentionally directing attacks against buildings
judicial guarantees which are generally dedicated to religion, education, art, science or
recognized as indispensable. charitable purposes, historic monuments,
hospitals and places where the sick and
3. Other serious violations of the laws and customs wounded are collected, provided they are not
applicable in armed conflict, within the established military objectives. In case of doubt whether such
framework of international law, namely: building or place has been used to make an
a. Intentionally directing attacks against the civilian effective contribution to military action, it shall be
population as such or against individual civilians presumed not to be so used;
not taking direct part in hostilities; k. Subjecting persons who are in the power of an
b. Intentionally directing attacks against civilian adverse party to physical mutilation or to medical or
objects, that is, objects which are not military scientific experiments of any kind, or to removal of
objectives; tissue or organs for transplantation, which are
c. Intentionally directing attacks against buildings, neither' justified by the medical, dental or hospital
material, medical units and transport, and treatment of the person concerned nor carried out in
personnel using the distinctive emblems of the his/her interest, and which cause death to or
Geneva Conventions or Additional Protocol III in seriously endanger the health of such person or
conformity with international law; persons;
d. Intentionally directing attacks against personnel, l. Killing, wounding or capturing an adversary by
installations, material, units or vehicles involved resort to perfidy;
in a humanitarian assistance or peacekeeping m. Declaring that no quarter will be given;
mission in accordance with the Charter of the n. Destroying or seizing the enemy's property unless
United Nations, as long as they are entitled to the such destruction or seizure is imperatively
demanded by the necessities of war;

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o. Pillaging a town or place, even when taken by ii. Asphyxiating, poisonous or other gases, and all
assault; analogous liquids, materials or devices;
p. Ordering the displacement of the civilian iii. Bullets which expand or flatten easily in the
population for reasons related to the conflict, human body, such as bullets with hard envelopes
unless the security of the civilians involved or which do not entirely cover the core or are
imperative military reasons so demand; pierced with incisions; and
q. Transferring, directly or indirectly, by the iv. Weapons, projectiles and material and methods
occupying power of parts of its own civilian of warfare which are of the nature to cause
population into the territory it occupies, or the superfluous injury or unnecessary suffering or
deportation or transfer of all or parts of the which are inherently indiscriminate in violation of
population of the occupied territory within or the international law of armed conflict.
outside this territory;
r. Committing outrages upon personal dignity, in B. Genocide (Section 4):
particular, humiliating and degrading treatment; 1. Any of the following acts with intent to destroy, in
s. Committing rape, sexual slavery, enforced whole or in part, a national, ethnic, racial, religious,
prostitution, forced pregnancy, enforced social or any other similar stable and permanent
sterilization, or any other form of sexual violence group as such:
also constituting a grave breach of the Geneva a. Killing members of the group;
Conventions or a serious violation of common b. Causing serious bodily or mental harm to
Article 3 to the Geneva Conventions; members of the group;
t. Utilizing the presence of a civilian or other c. Deliberately inflicting on the group conditions of
protected person to render certain points, areas life calculated to bring about its physical
or military forces immune from military destruction in whole or in part;
operations; d. Imposing measures intended to prevent births
u. Intentionally using starvation of civilians as a within he group; and
method of warfare by depriving them of objects e. Forcibly transferring children of the group to
indispensable to their survival, including willfully another group.
impeding rebel supplies as provided for under 2. Genocide is likewise committed when a person
the Geneva Conventions and their Additional directly and publicly incites others to commit
Protocols; genocide.
v. In an international armed conflict, compelling the
nationals of the hostile party to take part m the C. Other Crimes against Humanity (Section 6) – means
operations of war directed against their own any of the following acts when committed as part of a
country, even If they were in the belligerent's widespread or systematic attack directed against any
service before the commencement of the war; civilian population, with knowledge of the attack:
w. In an international armed conflict, declaring 1. Willful Killing;
abolished, suspended or inadmissible In a court 2. Extermination;
of law the rights and actions of the nationals of 3. Enslavement;
the hostile party; 4. Arbitrary deportation or forcible transfer of population,
x. Committing any of the following acts: 5. Imprisonment or other severe deprivation of physical
i. Conscripting, enlisting or recruiting children liberty in violation of fundamental rules of
under the age of fifteen (15) years into the International law;
national armed forces; 6. Torture;
ii. Conscripting, enlisting or recruiting children 7. Rape, sexual slavery, enforced prostitution, forced
under the age of eighteen (18) years into an pregnancy, enforced sterilization, or any other form
armed force or group other than the national of sexual violence of comparable gravity;
armed forces; and 8. Persecution against any identifiable group or
iii. Using children under the age of eighteen (18) collectivity on political, racial, national, ethnic,
years to participate actively m hostilities; and cultural, religious, gender, sexual orientation or
other grounds that are universally recognized as
y. Employing means of warfare which are prohibited impermissible under international law, in
under international law, such as: connection with any act referred to this paragraph
i. Poison or poisoned weapons; or any crime defined in this Act;
9. Enforced or involuntary disappearance of persons,

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10. Apartheid; and by electronic means capable of conversion into a


11. Other inhumane acts of a similar character visual image;
intentionally causing great suffering, or serious iii. Photograph, film, video, picture, digital image or
injury to body or to mental or physical health. picture, computer image or picture, whether made
or produced by electronic, mechanical or other
Note: The crimes defined and penalized under this Act, means;
their prosecution, and the execution of sentences iv. Drawings, cartoons, sculptures or paintings
imposed on their account, shall not be subject to any depicting children; or
prescription (Section 11). v. Other analogous visual depiction; or
b. Audio representation of a person who is or is
represented as being a child and who is engaged in
or is represented as being engaged in explicit sexual
REPUBLIC ACT NO. 9775 activity, or an audio representation that advocates,
ANTI-CHILD PORNOGRAPHY encourages or counsels any sexual activity with
ACT OF 2009 children. It shall include audio recordings and live
audio transmission conveyed through whatever
medium including real-time internet communications;
Approved: November 17, 2009 or
c. Written text or material that advocates or counsels
Definition of Terms (Section 3) explicit sexual activity with a child and whose
dominant characteristic is the description, for a
Child sexual purpose, of an explicit sexual activity with a
It refers to persons below eighteen (18) years of age or child.
those over but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty, 1. As to content:
exploitation or discrimination because of a physical or It includes representation of a person who is, appears to
mental disability or condition. be, or is represented as being a child, the dominant
Further, “child” shall also refer to: characteristic of which is the depiction, for a sexual
1. A person, regardless of age, who is presented, depicted purpose, of:
or believed to be a child as defined herein; and a. The sexual organ or the anal region, or a
2. A computer-generated, digitally or manually crafted representation thereof; or
images or graphics of a person who is represented or b. The breasts, or a representation of the breasts, of a
who is made to appear to be a child as defined herein. female person.

Explicit Sexual Activity


It refers to actual or simulated:
Child Pornography 1. Sexual intercourse or lascivious act including, but not
It refers to any public or private representation, by limited to, contact involving genital to genital, oral to
whatever means, of a child engaged in real or simulated genital, anal to genital or oral to anal, whether between
explicit sexual activities or any representation of the persons of the same or opposite sex;
sexual parts of a child for primarily sexual purposes. 2. Bestiality;
3. Masturbation;
Child Pornography Materials 4. Sadistic or masochistic abuse;
It is the means and methods by which child pornography 5. Exhibition of the genitals, buttocks, breast, pubic area
is carried out: and/or anus; or
1. As to form: 6. Use of any object or instrument for lascivious acts.
a. Visual depiction - which includes not only images of
real children but also digital image, computer image Internet Address
or computer-generated image that is It pertains to a website, bulletin board service, internet
indistinguishable from that of real children engaging chat room or news group, or any other internet or shared
in an explicit sexual activity. Visual depiction shall network protocol address.
include:
i. Undeveloped film and videotapes; Internet Café or Kiosk
ii. Data and/ or images stored on a computer disk or

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It refers to an establishment that offers or proposes to 5. To produce, direct, manufacture or create any form of
offer services to the public for the use of its computer/s or child pornography;
computer system for the purpose of accessing the 6. To publish offer, transmit, sell, distribute, broadcast,
Internet, computer games or related services. advertise, promote, export or import any form of child
pornography;
Internet Content Host 7. To possess any form of child pornography with the
It refers to a person who hosts or who proposes to host intent to sell, distribute, publish, or broadcast: Provided.
Internet content in the Philippines. Note: Possession of three (3) or more articles of child
pornography of the same form shall be prima facie
Internet Service Provider (ISP) evidence of the intent to sell, distribute, publish or
It refers to a person or entity that supplies, or proposes to broadcast;
supply, an Internet carriage service to the public. 8. 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
Luring pornography;
It means the act of communicating, by means of a 9. To possess any form of child pornography.
computer system, with a child or someone who the For film distributors, theaters and telecommunication
offender believes to be a child for the purpose of companies, by themselves or in cooperation with other
facilitating the commission of a sexual activity or entities, to distribute any form of child pornography;
production of child pornography. 10. To engage in pandering of any form of child
pornography;
Grooming 11. To knowingly, willfully and intentionally provide a
It refers to the act of preparing a child or someone who venue for the commission of prohibited acts as, but not
the offender believes to be a child for a sexual activity or limited to, dens, private rooms, cubicles, cinemas,
sexual relationship by communicating child pornography. houses or in establishments purporting to be a
It includes online enticement, or enticement through any legitimate business;
other means.
Syndicated Child Pornography (Section 5)
Primarily sexual purposes If carried out by a group of three (3) or more persons
It refers to purposes which will fulfill all the following conspiring or confederating with one another.
conditions:
1. The average person applying contemporary community Who May File a Complaint (Section 6): (O-PABLO-
standards would find the work taken as a whole PALO)
appealing to prurient interest and satisfying only the 1. Offended party
market for gratuitous sex and violence; 2. Parents or guardians
2. The work depicts or describes sexual conduct in a 3. Ascendant or collateral relative within the third degree
patently offensive way; and of consanguinity
3. The work taken as a whole imbued within its context, 4. Barangay chairman
manner or presentation, intention and culture, 5. Local social welfare development officer
lascivious, literary, artistic, political and scientific value. 6. Officer, social worker or representative of a licensed
child-caring institution
Acts Punishable (Section 4): (CHEW-P5 –FEK) 7. Any person who has personal knowledge of the
1. To conspire to commit any of the prohibited acts stated circumstances of the commission of any offense under
in this section. Conspiracy to commit any form of child this Act
pornography shall be committed when two (2) or more 8. At least 3 concerned responsible citizens residing in the
persons come to an agreement concerning the place where the violation occurred
commission of any of the said prohibited acts and 9. Any law enforcement officer
decide to commit it; 10. Officer or social worker of the DSWD
2. To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any form
of child pornography; REPUBLIC ACT. NO. 9745
3. To engage in the luring or grooming of a child; ANTI-TORTURE ACT OF 2009
4. To willfully access any form of child pornography;

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An Act Penalizing Torture and Other Cruel, Inhuman 1. Physical torture – is a form of treatment or
and Degrading Treatment or Punishment and punishment inflicted by a person in authority or
Prescribing Penalties Therefor agent of a person in authority upon another in
Approved: November 10, 2009 his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more
Definition of Terms (Section 3) parts of the body, such as:
Torture a. Systematic beating, head banging, punching,
It is an act by which severe pain or suffering, whether kicking, striking with truncheon or rifle butt or
physical or mental, is intentionally inflicted on a person for other similar objects, and jumping on the
such purposes as obtaining from him/her or a third person stomach;
information or a confession; punishing him/her for an act b. Food deprivation or forcible feeding with spoiled
he/she or a third person has committed or is suspected of food, animal or human excreta and other stuff or
having committed; or intimidating or coercing him/her or a substances not normally eaten;
third person; or for any reason based on discrimination of c. Electric shock;
any kind, when such pain or suffering is inflicted by or at d. Cigarette burning; burning by electrically heated
the instigation of or with the consent or acquiescence of a rods, hot oil, acid; by the rubbing of pepper or
person in authority or agent of a person in authority. It other chemical substances on mucous
does not include pain or Buffering arising only from, membranes, or acids or spices directly on the
inherent in or incidental to lawful sanctions. wound(s);
e. The submersion of the head in water or water
Other cruel, inhuman and degrading treatment or polluted with excrement, urine, vomit, and/or
punishment blood until the brink of suffocation;
It refers to a deliberate and aggravated treatment or f. Being tied or forced to assume fixed and stressful
punishment not enumerated under Section 4 of his Act, bodily position;
inflicted by a person in authority or agent of a person in g. Rape and sexual abuse, including the insertion
authority against a person under his/her custody, which of foreign objects into the sex organ or rectum,
attains a level of severity causing suffering, gross or electrical torture of the genitals;
humiliation or debasement to the latter. h. Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.;
Note: The assessment of the level of severity shall i. Dental torture or the forced extraction of the
depend on all the circumstances of the case, including the teeth;
duration of the treatment or punishment, its physical and j. Pulling out of fingernails;
mental effects and, in some cases, the sex, religion, age k. Harmful exposure to the elements such as
and state of health of the victim. sunlight and extreme cold;
l. The use of plastic bag and other materials placed
Victim over the head to the point of asphyxiation;
It refers to the person subjected to torture or other cruel, m. The use of psychoactive drugs to change the
inhuman and degrading treatment or punishment as perception, memory. alertness or will of a
defined above and any individual who has suffered harm person, such as:
as a result of any act(s) of torture, or other cruel, inhuman i. The administration of drugs to induce confession
and degrading treatment or punishment. and/or reduce mental competency; or
ii. The use of drugs to induce extreme pain or
Order of Battle certain symptoms of a disease; and
It is any document or determination made by the military, n. Other analogous acts of physical torture; and
police or any law enforcement agency of the government,
listing the names of persons and organizations that it 1. Mental or Psychological Torture –refers to acts
perceives to be enemies of the State and that it considers committed by a person in authority or agent of a
as legitimate targets as combatants that it could deal with, person in authority which are calculated to affect or
through the use of means allowed by domestic and confuse the mind and/or undermine a person’s
international law. dignity and morale, such as:
a. Blindfolding;
Acts Punishable b. Threatening a person(s) or his/her relative(s)
A. Acts of Torture, which shall include, but not limited to with bodily harm, execution or other wrongful
the following (Section 4): acts;

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c. Confinement in solitary cells or secret detention against a person or persons accused of committing
places; torture.
d. Prolonged interrogation;
e. Preparing a prisoner for a “show trial”, public Torture as a Separate and Independent Crime (Section
display or public humiliation of a detainee or 15)
prisoner; Torture as a crime shall not absorb or shall not be
f. Causing unscheduled transfer of a person absorbed by any other crime or felony committed as a
deprived of liberty from one place to another, consequence, or as a means in the conduct or
creating the belief that he/she shall be commission thereof. In which case, torture shall be treated
summarily executed; as a separate and independent criminal act whose
g. Maltreating a member/s of a person’s family; penalties shall be imposable without prejudice to any
h. Causing the torture sessions to be witnessed by other criminal liability provided for by domestic and
the person’s family, relatives or any third party; international laws.
i. Denial of sleep/rest;
j. Shame infliction such as stripping the person
naked, parading him/her in public places,
shaving the victim’s head or putting marks on REPUBLIC ACT NO. 9995
his/her body against his/her will; ANTI- PHOTO AND VIDEO VOYEURISM
k. Deliberately prohibiting the victim to ACT OF 2009
communicate with any member of his/her
family; and
l. Other analogous acts of mental/psychological An Act Defining and Penalizing the Crime of Photo
torture. and Video Voyeurism, Prescribing Penalties Therefor,
and for Other Purposes
Note: (Section 6) Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall Approved: February 15, 2010
apply to all circumstances. A state of war or a threat of
war, internal political instability, or any other public Definition of Terms (Section 3)
emergency, or a document or any determination
comprising an order of battle shall not and can never be Broadcast
invoked as a justification for torture and other cruel, It is to make public, by any means, a visual image with the
inhuman and degrading treatment or punishment. intent that it be viewed by a person or persons.
Capture
Prohibited detention (Section 7) With respect to an image, means to videotape,
Secret detention places, solitary confinement, photograph, film, record by any means, or broadcast.
incommunicado or other similar forms of detention, where
torture may be carried out with impunity are hereby Female breast
prohibited. In which case, the Philippine National Police It is any portion of the female breast.
(PNP), the Armed Forces of the Philippines (AFP) and
other law enforcement agencies concerned shall make an Photo or video voyeurism
updated list of all detention centers and facilities under It is the act of taking photo or video coverage of a person
their respective jurisdictions with the corresponding data or group of persons performing sexual act or any similar
on the prisoners or detainees incarcerated or detained activity or of capturing an image of the private area of a
therein such as, among others, names, date of arrest and person or persons without the latter's consent, under
incarceration, and the crime or offense committed. circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling,
Note: The list of detainees and detention facilities shall be copying, reproducing, broadcasting, sharing, showing or
available to the public at all times and submitted to the exhibiting the photo or video coverage or recordings of
CHR. such sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or device
Non-applicability of Exclusionary Rule (Section 8) without the written consent of the person/s involved,
Any confession, admission or statement obtained as a notwithstanding that consent to record or take photo or
result of torture shall be inadmissible in evidence in any video coverage of same was given by such person/s.
proceedings, except if the same is used as evidence

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Private area of a person/s


It is the naked or undergarment clad genitals, pubic area, BAC
buttocks or female breast of an individual. It is the Bids and Awards Committee

Under circumstances in which a person has a Bid


reasonable expectation of privacy- belief that he/she It is signed offer or proposal submitted by a supplier,
could disrobe in privacy, without being concerned that an manufacturer, distributor, contractor or consultant in
image or a private area of the person was being captured; response to the Bidding Documents.
or circumstances in which a reasonable person would
believe that a private area of the person would not be Competitive Bidding
visible to the public, regardless of whether that person is It is a method of procurement which is open to
in a public or private place. participation by any interested party and which consist of
the following processes: advertisement, pre-bid
Acts Punished (Section 4) conference, eligibility screening of bids, evaluations of
1. To take photo or video coverage of a person or group bids, post - qualification, and award of contract, the
of persons performing sexual act or any similar activity specific requirements and mechanics of which shall be
or to capture an image of the private area of a defined in the IRR to be promulgated under this Act.
person/s such as the naked or undergarment clad
genitals, pubic area, buttocks or female breast without Consulting Services
the consent of the person/s involved and under It is services for Infrastructure Projects and other types of
circumstances in which the person/s has/have a projects or activities of the Government requiring
reasonable expectation of privacy; adequate external technical and professional experts that
2. To copy or reproduce, or to cause to be copied or are beyond the capability and/or capacity of the
reproduced, such photo or video or recording of sexual government to undertake such as, but not limited to:
act or any similar activity with or without consideration; 1. advisory and review services
3. To sell or distribute, or cause to be sold or distributed, 2. pre investment or feasibility studies
such photo or video or recording of sexual act, whether 3. design
it be the original copy or reproduction thereof; or 4. construction supervision
4. To publish or broadcast, or cause to be published or 5. management and related services
broadcast, whether in print or broadcast media, or 6. other technical services or special studies.
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity Goods
through VCD/DVD, internet, cellular phones and other All items, supplies, materials and general support
similar means or device. services, except consulting services and infrastructure
projects, which may be needed in the transaction of the
Note: The prohibition under Nos. 2, 3 & 4 shall apply public businesses or in the pursuit of any government
notwithstanding that consent to record or take photo or undertaking, project or activity, whether in the nature of
video coverage of the same was given by such person/s. equipment, furniture, stationery, materials for construction,
Any person who violates this provision shall be liable for or personal property of any kind, including non - personal
photo or video voyeurism as defined herein. or contractual services such as the repair and
maintenance of equipment and furniture, as well as
trucking, hauling, janitorial, security, and related or
REPUBLIC ACT. NO. 9184 analogous services, as well as procurement of materials
GOVERNMENT PROCUREMENT and supplies provided by the procuring entity or such
REFORM ACT services.

Head of the Procuring Entity


An Act Providing for the Modernization, It refers to:
Standarization and Regulation of the Procurement 1. the head of the agency or his duly authorized official,
Activities of the Government and for Other Purposes for national government agencies;
2. the governing board or its duly authorized official, for
Approved: January 10, 2003 government-owned and/or-controlled corporation; or
3. the local chief executive, for local government units.
Definition of Terms (Section 5)

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Note: In a department, office or agency where the prior to the appointed time for the public opening of
procurement is decentralized, the Head of each Bids or other documents;
decentralized unit shall be considered as the Head of the 3. Unduly influencing or exerting undue pressure on
Procuring Entity subject to the limitations and authority any member of the BAC or any officer or employee
delegated by the head of the department, office or of the procuring entity to take a particular bidder;
agency. 4. Splitting of contracts which exceed procedural
purchase limits and competitive bidding;
Infrastructure Projects 5. When the head of the agency abuses the exercise
It includes the construction, improvement, rehabilitation, of his power to reject any and all bids as mentioned
demolition, repair, restoration or maintenance of roads under Section 41 of this Act with manifest
and bridges, railways, airports, seaports, communication preference to any bidder who is closely related to
facilities, civil works components of information technology him in accordance with Section 47 of this Act.
projects, irrigation, flood control and drainage, water
supply, sanitation, sewerage and solid waste Note: In addition to the proposed contents of the Invitation
management systems, shore protection, energy/power to Bid as mentioned under Section 21, all bidding
and electrification facilities, national buildings, school documents shall be accompanied by a sworn affidavit of
buildings and other related construction projects of the the bidder that he or she or any officer of their corporation
government. in not related to the Head of the Procuring Entity by
consanguinity or affinity up to the third civil degree
Procurement (Section 47)
It is the acquisition of Goods, Consulting Services, and the
contracting for Infrastructure Projects by the Procuring Note: When done in collusion with private individuals, the
Entity. Procurement shall also include the lease of goods private individuals shall likewise be liable for the offense.
and real estate. With respect to real property, its
procurement shall be governed by the provisions of B. Private individuals who, including any public officer,
Republic Act No.8974, entitled "An Act to Facilitate the who conspires with them (MARR- WUFF):
Acquisition of Right-of -Way Site or Location of National 1. When a bidder maliciously submits different Bids
Government Infrastructure Projects and for Other through two or more persons, corporations,
Purposes" and other applicable laws, rules and partnerships or any other business entity in which
regulations. he has interest of create the appearance of
competition that does not in fact exist so as to be
Procuring Entity adjudged as the winning bidder;
It is any branch, department, office, agency, or 2. When two or more bidders agree and submit
instrumentality of the government, including state different Bids as if they were bona fide, when they
universities and colleges, government-owned and/or - knew that one or more of them was so much higher
controlled corporations, government financial institutions, than the other that it could not be honestly
and local government units procuring Goods, Consulting accepted and that the contract will surely be
Services and Infrastructure Projects. awarded to the pre-arranged lowest Bid;
3. When two or more bidders enter into an agreement
Acts Punished (Section 65) which call upon one to refrain from bidding for
Procurement contracts, or which call for withdrawal
A. Public officers who (DO-USA): of bids already submitted, or which are otherwise
Note: The liability and punishment for public officers intended to secure as undue advantage to any one
are without prejudice to the provisions of RA 3019 and of them;
other penal laws. 4. When a bidder, by himself or in connivance with
1. Delaying, without justifiable cause, the screening for others, employ schemes which tend to restrain the
eligibility, opening of bids, evaluation and post natural rivalry of the parties or operates to stifle or
evaluation of bids, and awarding of contracts suppress competition and thus produce a result
beyond the prescribed periods of Bids or other disadvantageous to the public;
documents; 5. Withdraw a Bid, after it shall have qualified as the
2. Open any sealed Bid including but not limited to Lowest Calculated Bid/Highest Rated Bid, or to
Bids that may have been submitted through the accept and award, without just cause or for the
electronic system and any and all documents purpose of forcing the Procuring Entity to award the
required to be sealed or divulging their contents, contract to another bidder. This shall include the

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non-submission of requirements such as, but not He is one who investigates for the court a referral for
limited to, performance security, preparatory to the probation or supervises a probationer or both.
final award of the contract;
6. Participate in a public bidding using the name of Grant of Probation (Section 4):
another or allow another to use one's name for the
purpose of participating in a public bidding; Application
7. Submit eligibility requirements of whatever kind and An application for probation shall be filed with the trial
nature that contain false information or falsified court, with notice to the appellate court if an appeal has
documents calculated to influence the outcome of been taken from the sentence of conviction. The filing of
the eligibility screening process or conceal such the application shall be deemed:
information in the eligibility requirements when the 1. a waiver of the right to appeal, or
information will lead to a declaration of ineligibility 2. the automatic withdrawal of a pending appeal.
from participating in public bidding;
8. Submit Bidding Documents of whatever kind and Note: Probation may be granted whether the sentence
nature than contain false information or falsified imposes a term of imprisonment or fine only
documents or conceal such information in the
Bidding Documents, in order to influence the Order
outcome of the public bidding. The court may, after conviction and upon application of
the defendant:
Civil Liability in Case of Conviction (Section 67) 1. suspend the execution of the sentence; and
Without prejudice to administrative sanctions that may be 2. place the defendant on probation upon such period and
imposed in proper cases, a conviction under this Act or terms as it may deem best.
RA 3019 shall carry with it civil liability, which may either
consist of restitution for the damage done or the forfeiture Note: An order granting or denying probation shall not be
in favor of the government of any unwarranted benefit appealable.
derived from the act or acts in question or both, at the
discretion of the courts. Criteria for Placing an Offender on Probation (Section
8):

The court shall consider all information relative to the:


P.D. NO. 968 1. character;
PROBATION LAW OF 1976 2. antecedents;
3. environment;
Approved: July 24, 1976 4. mental and physical condition of the offender;
5. and available institutional and community resources.
Purpose (Section 2):
1. promote the correction and rehabilitation of an Probation shall be denied if the court finds that (CUD):
offender by providing him with individualized treatment; 1. the offender is in need of correctional treatment that
2. provide an opportunity for the reformation of a can be provided most effectively by his commitment to
penitent offender; and an institution;
3. prevent the commission of offenses. 2. there is undue risk that during the period of probation
the offender will commit another crime; or
Definition of Terms (Section 3): 3. probation will depreciate the seriousness of the offense
committed.
Probation
It is a disposition under which a defendant, after Disqualified Offenders (Section 9): (SS- SPF)
conviction and sentence, is released subject to conditions 1. those sentenced to serve a maximum term of
imposed by the court and to the supervision of a probation imprisonment of more than six years;
officer. 2. those convicted of any offense against the security of
the State;
Probationer 3. those who are already serving sentence at the time the
It is a person placed on probation. substantive provisions of this Decree became
applicable.
Probation Officer

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4. those who have been once on probation; 1. the court shall issue a warrant of arrest
5. those who have previously been convicted by final 2. he shall be brought before the court for informal and
judgment of an offense punished by imprisonment of summary hearing
not less than one month and one day and/or a fine of 3. the court may grant bail; and
not less than P200; 4. the court may revoke or continue his probation or
modify the conditions.
Conditions (Section 10)
Termination of Probation (Section 16)
1. Mandatory Conditions: After the period of probation and upon consideration of
The probationer shall: the report and recommendation of the probation officer,
a. Present himself to the probation officer within 72 the court may order the final discharge of the probationer
hours from receipt of probation order. upon finding that he has fulfilled the terms and conditions
b. Report himself to the probation officer at least once a of his probation
month during the period of probation.

2. Discretionary Conditions: Effects of Termination (id.)


a. cooperate with a program of supervision 1. The case is deemed terminated;
b. meet his family responsibilities; 2. Restore to him all civil rights lost or suspend as a result
c. devote himself to a specific employment and not to of his conviction; and
change said employment without the prior written 3. To fully discharge his liability for any fine
approval of the probation officer;
d. undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a
PD NO. 532
specified institution, when required for that purpose; ANTI-PIRACY AND ANTI-HIGHWAY
e. pursue a prescribed secular study or vocational ROBBERY LAW OF 1974
training; PENALTY IN THE PHILIPPINES
f. attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
g. refrain from visiting houses of ill-repute;
h. abstain from drinking intoxicating beverages to Approved: August 8, 1974
excess;
i. permit to probation officer or an authorized social Definition of Terms (Section 2):
worker to visit his home and place or work;
j. reside at premises approved by it and not to change Philippine Waters
his residence without its prior written approval; or It refer to all bodies of water, such as but not limited to,
k. satisfy any other condition related to the rehabilitation seas, gulfs, bays around, between and connecting each of
of the defendant and not unduly restrictive of his the Islands of the Philippine Archipelago, irrespective of its
liberty or incompatible with his freedom of depth, breadth, length or dimension, and all other waters
conscience. belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves,
Period (Section 14) and other submarine areas over which the Philippines has
If the sentence imposes: sovereignty or jurisdiction.
1. imprisonment of not more than one year- period shall
not exceed two years Vessel
2. imprisonment of more than one year- period shall not It is any vessel or watercraft used for transport of
exceed six years. passengers and cargo from one place to another through
3. Fine only and the offender is made to serve subsidiary Philippine Waters. It shall include all kinds and types of
imprisonment- period shall not be less than nor to be vessels or boats used in fishing.
more than twice the total number of days of subsidiary
imprisonment Philippine Highway
It refers to any road, street, passage, highway and bridges
Arrest of Probationer (Section 15) or other parts thereof, or railway or railroad within the
If the probationer violated any of the conditions of Philippines used by persons, or vehicles, or locomotives
probation:

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or trains for the movement or circulation of persons or it


transportation of goods, articles, or property or both.

Piracy
It is ny attack upon or seizure of any vessel, or the taking
away of the whole or part thereof or its cargo, equipment,
or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of Highway reclusion temporal in its
violence against or intimidation of persons or force upon Robbery/Brigandage minimum period
things, committed by any person, including a passenger or Highway reclusion temporal in its
member of the complement of said vessel, in Philippine Robbery/Brigandage medium and maximum
waters. with physical injuries or periods
other crimes
Pirates Highway death penalty
It refers to the offenders Robbery/Brigandage
with kidnapping for
Highway Robbery/Brigandage- the seizure of any ransom or extortion, or
person for ransom, extortion or other unlawful purposes, murder or homicide, or
or the taking away of the property of another by means of rape
violence against or intimidation of person or force upon
things of other unlawful means, committed by any person
on any Philippine Highway.
REPUBLIC ACT NO. 6235
Accomplice
Any person who: ANTI- HIJACKING LAW
1. knowingly or protects pirates or highway
robbers/brigands, such as giving them information
about the movement of police or other peace officers of
Approved: June 19, 1971
the government;
2. acquires or receives property taken by such pirates or
Acts Punishable
brigands or in any manner derives any benefit
1. It shall be unlawful for any person to (Section 1):
therefrom;
a. compel a change in the course or destination of an
3. directly or indirectly abets the commission of piracy or
aircraft of Philippine registry
highway robbery or brigandage, shall be considered as
b. seize or usurp the control thereof, while it is in flight.
an accomplice of the principal offenders and be
c. compel an aircraft of foreign registry to land in
punished in accordance with the Rules prescribed by
Philippine territory
the Revised Penal Code.
d. seize or usurp the control thereof while it is within the
said territory.
Acts Punishable and Their Penalties
Penalty: Imprisonment of not less than twelve (12)
PUNISHABLE ACTS PENALTIES years but not more than twenty (20) years, or by a fine
Piracy reclusion temporal in its of not less than twenty thousand (20,000) pesos but not
medium and maximum more than forty thousand (40,000) pesos.
periods
Piracy with rape, mandatory penalty of Note: An aircraft is in flight from the moment all its
murder or homicide death external doors are closed following embarkation until
any of such doors is opened for disembarkation (id.)
Piracy and the
offenders: 2. It shall be unlawful for any person to commit any of the
1. abandoned the acts mentioned in no. (1) under any of the following
victims without means circumstances (Section 2):
of saving themselves a. whenever he has fired upon the pilot, member of the
seized the vessel by crew or passenger of the aircraft;
firing upon or boarding

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b. whenever he has exploded or attempted to explode any of the acts declared to be unlawful in the two
any bomb or explosive to destroy the aircraft; preceding sections in cases involving the crimes of:
c. Whenever the crime is accompanied by murder, 1. treason,
homicide, serious physical injuries or rape. 2. espionage,
3. provoking war and disloyalty in case of war,
Penalty: Imprisonment of fifteen years to death, or a 4. piracy,
fine of not less than twenty-five thousand pesos but 5. mutiny in the high seas,
not more than fifty thousand pesos 6. rebellion,
7. conspiracy and proposal to commit rebellion,
3. It shall be unlawful for any person, natural or juridical, to 8. inciting to rebellion, sedition,
ship, load or carry in any passenger aircraft operating as a 9. conspiracy to commit sedition,
public utility within the Philippines, and explosive, 10. inciting to sedition,
flammable, corrosive or poisonous substance or material 11. kidnapping as defined by the Revised Penal Code,
(Section 3). and
12. violations of Commonwealth Act No. 616, punishing
Penalty: Imprisonment of at least five years but not more espionage and other offenses against national
than ten years or by a fine of not less than ten thousand security (Sec.3 par.1)
pesos but not more than twenty thousand pesos.
The written order shall only be issued or granted:
(Sec. 3 par.1)
REPUBLIC ACT NO. 4200 1. upon written application and the examination under
ANTI-WIRETAPPING LAW oath or affirmation of the applicant and the witnesses
he may produce,
Approved: Jun 19, 1965 2. that there are reasonable grounds to believe that any of
the crimes enumerated hereinabove has been
Acts Punishable committed or is being committed or is about to be
It shall be unlawful for any person: committed,
1. not being authorized by all the parties to any private Provided, however, That in cases involving the
communication or spoken word, to tap any wire or offenses of rebellion, conspiracy and proposal to
cable, or by using any other device or arrangement, to commit rebellion, inciting to rebellion, sedition,
secretly overhear, intercept, or record such conspiracy to commit sedition, and inciting to sedition,
communication or spoken word by using a device such authority shall be granted only upon prior proof
commonly known as a dictaphone or dictagraph or that a rebellion or acts of sedition, as the case may be,
dictaphone or walkie-talkie or tape recorder, or have actually been or are being committed;
however otherwise described (Sec. 1 par.1); 3. that there are reasonable grounds to believe that
2. be he a participant or not in the act or acts penalized in evidence will be obtained essential to the conviction of
the next preceding sentence, to knowingly possess any person for, or to the solution of, or to the
any tape record, wire record, disc record, or any prevention of, any of such crimes; and
other such record, or copies thereof, of any 4. that there are no other means readily available for
communication or spoken word secured either before obtaining such evidence.
or after the effective date of this Act in the manner
prohibited by this law; or to replay the same for any The written order of the Court shall specify: (Sec.3
other person or persons; or to communicate the par.2)
contents thereof, either verbally or in writing, or to 1.the identity of the person or persons whose
furnish transcriptions thereof, whether complete or communications, conversations, discussions, or spoken
partial, to any other person: Provided, That the use of words are to be overheard, intercepted, or recorded
such record or any copies thereof as evidence in and, in the case of telegraphic or telephonic
any civil, criminal investigation or trial of offenses communications, the telegraph line or the telephone
mentioned in section 3 hereof, shall not be covered number involved and its location;
by this prohibition (Sec.1 par.2). 2.the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations,
Exception: Nothing contained in this Act, however, shall discussions, or spoken words;
render it unlawful or punishable for any peace officer, who 3. the offense or offenses committed or sought to be
is authorized by a written order of the Court, to execute prevented; and

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4. the period of the authorization. the penalty of fine in an amount double the amount of the
check.
Note: The authorization shall be effective for the period
specified in the order which shall not exceed sixty (60) Administrative Circular No. 13-2001 further clarified
days from the date of issuance of the order, unless that:
extended or renewed by the court upon being satisfied 1.Administrative Circular 12-2000 does not remove
that such extension or renewal is in the public interest. imprisonment as an alternative penalty for violations
of B.P. Blg. 22;
2. The Judges concerned may, in the exercise of sound
BATAS PAMBANSA BLG. 22 discretion, and taking into consideration the peculiar
BOUNCING CHECKS LAW circumstances of each case, determine whether the
imposition of a fine alone would best serve the interests
of justice or whether forbearing to impose imprisonment
Approved: April 3. 1979 would depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to
Acts Punishable the imperatives of justice
1. Any person who makes or draws and issues any check 3. Should only a fine be imposed and the accused be
to apply on account or for value, knowing at the time of unable to pay the fine, there is no legal obstacle to the
issue that he does not have sufficient funds in or credit application of the Revised Penal Code provisions on
with the drawee bank for the payment of such check in subsidiary imprisonment.
full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of Prima Facie Evidence of Knowledge of Insufficient
funds or credit or would have been dishonored for the Funds:
same reason had not the drawer, without any valid The making, drawing and issuance of a check payment of
reason, ordered the bank to stop payment (Sec. 1 par. which is refused by the drawee because of insufficient
1). funds in or credit with such bank, when presented within
2. any person who, having sufficient funds in or credit with ninety (90) days from the date of the check, shall be prima
the drawee bank when he makes or draws and issues a facie evidence of knowledge of such insufficiency of funds
check, shall fail to keep sufficient funds or to maintain a or credit
credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date Exceptions:
appearing thereon, for which reason it is dishonored by 1. When the maker or drawer pays the holder thereof the
the drawee bank (Sec. 1 par. 2). amount due thereon, or
2. makes arrangements for payment in full by the drawee
Note: Where the check is drawn by a corporation, of such check within (5) banking days after receiving
company or entity, the person or persons who actually notice that such check has not been paid by the drawee.
signed the check in behalf of such drawer shall be liable
under this Act (Sec. 1 par. 3).

Penalty: punishable by imprisonment of not less than


thirty days but not more than one (1) year or by a fine of
not less than but not more than double the amount of the
check which fine shall in no case exceed Two Hundred
Thousand Pesos, or both such fine and imprisonment at PRESIDENTIAL DECREE NO. 1612
the discretion of the court. ANTI-FENCING LAW OF 1979
Note: Under Administrative Circular 12-2000 issued on
21 November 2000, the Supreme Court (Second Approved: June 15, 1979
Division), in its decision in Eduardo Vaca v. Court of
Appeals (G.R. No. 131714, 16 November 1998; 298 Definition of Terms
SCRA 656, 664), per Mr. Justice V. Mendoza, modified
the sentence imposed for violation of B.P. Blg. 22 by Fencing
deleting the penalty of imprisonment and imposing only It is the act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess, keep,

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acquire, conceal, sell or dispose of, or shall buy and sell, "Child at Risk"
or in any other manner deal in any article, item, object or It refers to a child who is vulnerable to and at the risk of
anything of value which he knows, or should be known to committing criminal offenses because of personal, family
him, to have been derived from the proceeds of the crime and social circumstances
of robbery or theft. (Sec. 2, par 1)
"Child in Conflict with the Law"
Fence It refers to a child who is alleged as, accused of, or
It includes any person, firm, association, corporation or adjudged as, having committed an offense under
partnership or other organization who/which commits the Philippine laws.
act of fencing. (Sec. 2, par 2)
Minimum Age of Criminal Responsibility (Sec 6)
Note: If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer Age and Corresponding Liability
thereof who knows or should have known the commission Age Criminal Civil
of the offense shall be liable. (Sec. 4) Liability Liability
15 years of age or Exempt Subject to
Presumption of Fencing (Sec. 5) under at the time civil liability
General Rule: Mere possession of any good, article, item, of the commission
object, or anything of value which has been the subject of of the offense
robbery or thievery shall be prima facie evidence of Above 15 years Exempt Subject to
fencing. but below 18 years civil liability
of age without
Exception: Possession of Clearance/Permit to discernment
Sell/Used Second Hand Articles. Above 15 years Subject to Subject to
All stores, establishments or entities dealing in the buy but below 18 years criminal liability civil liability
and sell of any good, article item, object of anything of of age with but shall
value obtained from an unlicensed dealer or supplier discernment undergo
thereof, shall before offering the same for sale to the diversion
public, secure the necessary clearance or permit from the program
station commander of the Integrated National Police in the At least 18 years Subject to Subject to
town or city where such store, establishment or entity is of age criminal liability civil liability
located.

Any person who fails to secure the clearance or permit


required by this section or who violates any of the
provisions of the rules and regulations promulgated there
under shall upon conviction be punished as a fence.

PROCEDURE
REPUBLIC ACT NO. 9344
JUVENILE JUSTICE AND WELFARE Determination of Age
ACT OF 2006

Approved: April 28, 2006


If 15-18 year old If 15-18 year old If below 15
w/o discernment
Definition of terms (Section 4): with discernment
"Child"
It refers to a person under the age of eighteen (18) years.

Subjected to Subjected to
intervention diversion Subjected to
program intervention
program
program
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4. 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;
5. Avoid displaying or using any firearm, weapon,
Step 1: Determination of Age (sec. 7) handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other
Presumption: The child in conflict with the law shall enjoy methods of control have been exhausted and have
the presumption of minority. failed;
6. Refrain from subjecting the child in conflict with the
Construction: In case of doubt as to the age of the child, law to greater restraint than is necessary.
it shall be resolved in his/her favor. 7. Avoid violence or unnecessary force;
Evidence of age: 8. Determine the age of the child.
1. Documents: 9. Immediately but not later than eight (8) hours after
a. child’s birth certificate, apprehension, turn over custody of the child to the
b. Baptismal certificate Social Welfare and Development Office or other
c. Any other pertinent documents. accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall explain
2. In the absence of the above documents, information to the child and the child's parents/guardians the
from: (cta) consequences of the child's act with a view towards
a. the child himself/herself, counseling and rehabilitation, diversion from the
b. testimonies of other persons, criminal justice system, and reparation, if appropriate;
c. the physical appearance of the child and other 10. Take the child immediately to the proper medical
relevant evidence. and health officer for a thorough physical and mental
examination. The examination results shall be kept
Step 2: Ascertainment of Criminal Liability based on confidential unless otherwise ordered by the Family
Age and Discernment Court.
1. Child 15 years of age or under at the time of the 11. Ensure that should detention of the child in conflict
commission of the offense- shall be exempt from with the law be necessary, the child shall be secured in
criminal liability. However, the child shall be quarters separate from that of the opposite sex and
subjected to an intervention program. adult offenders;
2. If the child is 15 years of age or below - the authority 12. Record the following in the initial investigation:
has the duty to release the child to the custody of: a.Whether handcuffs or other instruments of restraint
a. his/her parents or guardian or in the absence were used, and if so, the reason for such;
thereof, the child’s nearest relative; b. That the parents or guardian of a child, the DSWD,
b. duly registered nongovernmental or religious and the PA0 have been informed of the apprehension
organization, a barangay official or a member of and the details thereof; and
the Barangay Council for the Protection of Children c.The exhaustion of measures to determine the age of a
(BCPC), a local social welfare and development child and the precise details of the physical and
officer upon refusal of the above-mentioned; or medical examination or the failure to submit a child to
c. when and where appropriate, the DSWD. such examination; and
13. Ensure that all statements signed by the child
during investigation shall be witnessed by the
Procedure for Taking the Child into Custody (Sec. 21) child's parents or guardian, social worker, or legal
From the moment a child is taken into custody, the law counsel in attendance who shall affix his/her
enforcement officer shall: signature to the said statement.
1. Explain to the child in simple language and in a dialect
that he/she can understand why he/she is being Note: A child in conflict with the law shall only be
placed under custody and the offense that he/she searched by a law enforcement officer of the same gender
allegedly committed; and shall not be locked up in a detention cell.
2. Inform the child of the reason for such custody and
advise the child of his/her constitutional rights in a Child above 15 years but below 18 years of age who
language or dialect understood by him/her; acted WITHOUT discernment-exempt from criminal
3. Properly identify himself/herself and present proper liability and be subjected to an intervention program.
identification to the child;

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Child above 15 years but below 18 years of age who the time of the pronouncement of his/her guilt (Section
acted WITH discernment- subjected to the appropriate 38).
proceedings in accordance with this Act.
Step 3: Discharge of the Child in Conflict with the Law
Discernment (SEC. 39)Upon the recommendation of the social worker
It is the mental capacity to understand the difference who has custody of the child, the court shall dismiss the
between right and wrong and its consequences. case against the child whose sentence has been
suspended and against whom disposition measures have
SEC. 23. System of Diversion. - Children in conflict with been issued, and shall order the final discharge of the
the law shall undergo diversion programs without child if it finds that the objective of the disposition
undergoing court proceedings subject to the conditions measures have been fulfilled.
herein provided:
1. Where the imposable penalty for the crime committee is The discharge of the child in conflict with the law shall
not more than six (6) years imprisonment, the law not affect the civil liability resulting from the commission
enforcement officer or Punong Barangay with the of the offense, which shall be enforced in accordance with
assistance of the local social welfare and development law.
officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, Return of the Child in Conflict with the Law to Court
where appropriate, adopt indigenous modes of conflict (Sec. 40)
resolution in accordance with the best interest of the If the court finds that the objective of the disposition
child with a view to accomplishing the objectives of measures imposed upon the child in conflict with the law
restorative justice and the formulation of a diversion have not been fulfilled, or if the child in conflict with the
program. The child and his/her family shall be present in law has willfully failed to comply with the conditions of
these activities. his/her disposition or rehabilitation program, the child
2. In victimless crimes where the imposable penalty is not in conflict with the law shall be brought before the court
more than six (6) years imprisonment, the local social for execution of judgment.
welfare and development officer shall meet with the If said child in conflict with the law has reached eighteen
child and his/her parents or guardians for the (18) years of age while under suspended sentence, the
development of the appropriate diversion and court shall determine whether to discharge the child in
rehabilitation program, in coordination with the BCPC; accordance with this Act, to order execution of sentence,
3. Where the imposable penalty for the crime committed or to extend the suspended sentence for a certain
exceeds six (6) years imprisonment, diversion specified period or until the child reaches the maximum
measures may be resorted to only by the court. age of twenty-one (21) years.

Diversion Measures (Sec. 37) Credit in Service of Sentence (Sec. 41)


Where the maximum penalty imposed by law for the The child in conflict with the law shall be credited in the
offense with which the child in conflict with the law is services of his/her sentence with the full time spent in
charged is imprisonment of not more than twelve (12) actual commitment and detention under this Act.
years, regardless of the fine or fine alone regardless of the
amount, and before arraignment of the child in conflict Probation as an Alternative to Imprisonment (Sec. 42)
with the law, the court shall determine whether or not The court may, after it shall have convicted and sentenced
diversion is appropriate. a child in conflict with the law, and upon application at any
time, place the child on probation in lieu of service of
Note: The exemption from criminal liability herein his/her sentence taking into account the best interest of
established does not include exemption from civil liability. the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the "Probation Law
Child under 18 years of age at the time of commission of of 1976", is hereby amended accordingly.
the offense, if found guilty of the offense charged, civil
liability shall be determined and ascertained. However, Status Offenses (sec. 57)
instead of pronouncing the judgment of conviction, the Any conduct not considered an offense or not penalized if
court shall place the child in conflict with the law committed by an adult shall not be considered an offense
under suspended sentence, without need of application. and shall not be punished if committed by a child.
Suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at Offenses Not Applicable to Children (Sec. 58)

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Persons below eighteen (18) years of age shall be


exempt from prosecution for the crime of
1. vagrancy and prostitution under Section 202 of the
Revised Penal Code,
2. mendicancy under Presidential Decree No. 1563, and
3. sniffing of rugby under Presidential Decree No. 1619.

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