UP LAW BOC SPECIAL PENAL LAWS
COMPILATION OF
RELEVANT
PROVISIONS OF
SPECIAL CRIMINAL
LAWS
2015 Bar Examinations – Criminal Law
Updated for the 2016 Bar Examinations
I. Book I
Preliminary note: All amendatory laws cited
below, whether or not explicitly mentioned in the
bar syllabus, are included in the bar coverage.
A. FUNDAMENTAL PRINCIPLES
A.1. CONSTITUTIONAL LIM ITATIONS
ON THE POW ER OF CONGRESS TO
ENACT PENAL LAW S
(iii) Non-imposition of cruel and unusual
punishment or excessive fines
(a) An Act Prohibiting the Imposition of
Death Penalty in the Philippines (R.A. No.
9346)
SEC. 1. The imposition of the penalty of
death is hereby prohibited. Accordingly,
Republic Act No. Eight Thousand One
Hundred Seventy-Seven (R.A. No. 8177),
otherwise known as the Act Designating
Death by Lethal Injection is hereby repealed.
Republic Act No. Seven Thousand Six
Hundred Fifty-Nine (R.A. No. 7659),
otherwise known as the Death Penalty Law,
and all other laws, executive orders and
decrees, insofar as they impose the death
penalty are hereby repealed or amended
accordingly.
SEC. 2. In lieu of the death penalty, the
following shall be imposed.
(a) the penalty of reclusion perpetua,
when the law violated makes use of
the nomenclature of the penalties of
the Revised Penal Code; or
(b) the penalty of life imprisonment,
when the law violated does not make
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use of the nomenclature of the
penalties of the Revised Penal Code.
3. CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
a) Justifying circumstances
(i) Anti-Violence Against Women and Their
Children Act of 2004 (R.A. No. 9262)
(a) Battered woman syndrome
SECTION 3. Definition of Terms.- As used in
this Act,
(c) "Battered Woman Syndrome" refers to a
scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse.
SECTION 26. Battered Woman Syndrome as
a Defense. – Victim-survivors who are found
by the courts to be suffering from battered
woman syndrome do not incur any criminal
and civil liability notwithstanding the absence
of any of the elements for justifying
circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of
the woman who was suffering from battered
woman syndrome at the time of the
commission of the crime, the courts shall be
assisted by expert psychiatrists/
psychologists.
SECTION 28. Custody of children. – The
woman victim of violence shall be entitled to
the custody and support of her child/children.
Children below seven (7) years old older but
with mental or physical disabilities shall
automatically be given to the mother, with
right to support, unless the court finds
compelling reasons to order otherwise.
A victim who is suffering from battered
woman syndrome shall not be disqualified
from having custody of her children. In no
case shall custody of minor children be given
to the perpetrator of a woman who is
suffering from Battered woman syndrome.
b) Exempting circumstances
(i) Juvenile Justice and Welfare Act of 2006
(R.A. No. 9344); also refer to Child and Youth
Welfare Code (P.D. 603, as amended)
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(a) Definition of child in conflict with the law
R.A. No. 9344, SEC. 4. Definition of
Terms. - The following terms as used in this
Act shall be defined as follows:
(e) "Child in Conflict with the Law"
refers to a child who is alleged as,
accused of, or adjudged as, having
committed an offense under
Philippine laws.
(b) Minim um age of crim inal
responsibility
(c) Determ ination of age
(d) Exem ption from crim inal liability
(e) Treatment of child below age of
responsibility
R.A. No. 9344, SEC. 6. Minimum Age of
Criminal Responsibility. – A child fifteen (15)
years of age or under at the time of the
commission of the offense shall be exempt
from criminal liability. However, the child
shall be subjected to an intervention program
pursuant to Section 20 of this Act.
A child is deemed to be fifteen (15) years of
age on the day of the fifteenth anniversary of
his/her birthdate.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be
exempt from criminal liability and be
subjected to an intervention program, unless
he/she has acted with discernment, in which
case, such child shall be subjected to the
appropriate proceedings in accordance with
this Act.
The exemption from criminal liability herein
established does not include exemption from
civil liability, which shall be enforced in
accordance with existing laws.[As
am ended by R.A. No. 10630]
P.D. 603, Article 189. Youthful Offender
Defined. - A youthful offender is one who is
over nine years but under twenty-one years of
age at the time of the commission of the
offense.
A child nine years of age or under at the time
of the offense shall be exempt from criminal
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liability and shall be committed to the care of
his or her father or mother, or nearest relative
or family friend in the discretion of the court
and subject to its supervision. The same shall
be done for a child over nine years and under
fifteen years of age at the time of the
commission of the offense, unless he acted
with discernment, in which case he shall be
proceeded against in accordance with Article
192.
The provisions of Article 80 of the Revised
Penal Code shall be deemed modified by the
provisions of this Chapter.
(f) Status offenses under Sec. 57 of
R.A. No. 9344
R.A. No. 9344, SEC. 4. Definition of
Terms. - The following terms as used in this
Act shall be defined as follows:
(r) "Status Offenses" refers to
offenses which discriminate only
against a child, while an adult does
not suffer any penalty for committing
similar acts. These shall include
curfew violations; truancy, parental
disobedience and the like.
SEC. 57. Status Offenses. - Any conduct not
considered an offense or not penalized if
committed by an adult shall not be
considered an offense and shall not be
punished if committed by a child.
SEC. 57-A. Violations of Local Ordinances. –
Ordinances enacted by local governments
concerning juvenile status offenses such as,
but not limited to, curfew violations, truancy,
parental disobedience, anti-smoking and
anti-drinking laws, as well as light offenses
and misdemeanors against public order or
safety such as, but not limited to, disorderly
conduct, public scandal, harassment,
drunkenness, public intoxication, criminal
nuisance, vandalism, gambling, mendicancy,
littering, public urination, and trespassing,
shall be for the protection of children. No
penalty shall be imposed on children for said
violations, and they shall instead be brought
to their residence or to any barangay official
at the barangay hall to be released to the
custody of their parents. Appropriate
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intervention programs shall be provided for in
such ordinances. The child shall also be
recorded as a ‘child at risk’ and not as a ‘child
in conflict with the law’. The ordinance shall
also provide for intervention programs, such
as counseling, attendance in group activities
for children, and for the parents, attendance
in parenting education seminars. [As
am ended by R.A. No. 10630]
(g) Offenses not applicable to
children under Sec. 58 of R.A. No.
9344
SEC. 58.Offenses Not Applicable to
Children. - Persons below eighteen (18) years
of age shall be exempt from prosecution for
the crime of vagrancy and prostitution under
Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No.
1563, and sniffing of rugby under Presidential
Decree No. 1619, such prosecution being
inconsistent with the United Nations
Convention on the Rights of the
Child: Provided, That said persons shall
undergo appropriate counseling and
treatment program.
SEC. 59.Exemption from the Application of
Death Penalty. - The provisions of the Revised
Penal Code, as amended, Republic Act No.
9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002, and other
special laws notwithstanding, no death
penalty shall be imposed upon children in
conflict with the law.
d) Aggravating circum stances
(ii) Qualifying
(a) Decree Codifying the Laws on
Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition
or Disposition, of Firearm s,
Ammunition, or Explosives (P.D. 1866,
as am ended by R.A. No. 8294)
R.A. No. 10591, 1 SEC. 3. Definition of
Terms. – As used in this Act:
1
Note: R.A. No. 10591, SEC. 45. “Repealing Clause. –
This Act repeals Sections 1, 2, 5 and 7 of Presidential
Decree No. 1866, as amended, and Section 6 of
Republic Act No. 8294 and all other laws, executive
SPECIAL PENAL LAWS CRIMINAL LAW
(v) Loose firearm refers to an
unregistered firearm, an obliterated
or altered firearm, firearm which has
been lost or stolen, illegally
manufactured firearms, registered
firearms in the possession of an
individual other than the licensee and
those with revoked licenses in
accordance with the rules and
regulations.
SEC. 29. Use of Loose Firearm in the
Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a
crime punishable under the Revised Penal
Code or other special laws, shall be
considered as an aggravating
circumstance: Provided, That if the crime
committed with the use of a loose firearm is
penalized by the law with a maximum
penalty which is lower than that prescribed in
the preceding section for illegal possession of
firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty
for the crime charged:Provided, further, That if
the crime committed with the use of a loose
firearm is penalized by the law with a
maximum penalty which is equal to that
imposed under the preceding section for
illegal possession of firearms, the penalty
of prision mayorin its minimum period shall
be imposed in addition to the penalty for the
crime punishable under the Revised Penal
Code or other special laws of which he/she is
found guilty.
If the violation of this Act is in furtherance of,
or incident to, or in connection with the crime
of rebellion of insurrection, or
attempted coup d’ etat, such violation shall
be absorbed as an element of the crime of
rebellion or insurrection, or attempted coup
d’ etat.
If the crime is committed by the person
without using the loose firearm, the violation
of this Act shall be considered as a distinct
and separate offense.
orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are
inconsistent herewith.”
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(b) The Com prehensive Dangerous
Drugs Act of 2002 (R.A. No. 9165)
(i) As a qualifying aggravating
circum stance
Section 25. Qualifying Aggravating
Circumstances in the Commission of a Crime
by an Offender Under the Influence of
Dangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a
positive finding for the use of dangerous
drugs shall be a qualifying aggravating
circumstance in the commission of a crime by
an offender, and the application of the
penalty provided for in the Revised Penal
Code shall be applicable.
(ii) Im m unity from prosecution and
punishment, coverage
Section 33. Immunity from Prosecution and
Punishment. – Notwithstanding the
provisions of Section 17, Rule 119 of the
Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act
of 1991, any person who has violated Sections
7, 11, 12, 14, 15, and 19, Article II of this Act,
who voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and 16,
Article II of this Act as well as any violation of
the offenses mentioned if committed by a
drug syndicate, or any information leading to
the whereabouts, identities and arrest of all
or any of the members thereof; and who
willingly testifies against such persons as
described above, shall be exempted from
prosecution or punishment for the offense
with reference to which his/her information of
testimony were given, and may plead or
prove the giving of such information and
testimony in bar of such
prosecution: Provided, That the following
conditions concur:
(1) The information and testimony are
necessary for the conviction of the
persons described above;
(2) Such information and testimony
are not yet in the possession of the
State;
(3) Such information and testimony
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can be corroborated on its material
points;
(4) the informant or witness has not
been previously convicted of a crime
involving moral turpitude, except
when there is no other direct evidence
available for the State other than the
information and testimony of said
informant or witness; and
(5) The informant or witness shall
strictly and faithfully comply without
delay, any condition or undertaking,
reduced into writing, lawfully
imposed by the State as further
consideration for the grant of
immunity from prosecution and
punishment.
Provided, further, That this immunity may be
enjoyed by such informant or witness who
does not appear to be most guilty for the
offense with reference to which his/her
information or testimony were
given: Provided, finally, That there is no direct
evidence available for the State except for the
information and testimony of the said
informant or witness.
Section 34. Termination of the Grant of
Immunity. – The immunity granted to the
informant or witness, as prescribed in Section
33 of this Act, shall not attach should it turn
out subsequently that the information and/or
testimony is false, malicious or made only for
the purpose of harassing, molesting or in any
way prejudicing the persons described in the
preceding Section against whom such
information or testimony is directed against.
In such case, the informant or witness shall
be subject to prosecution and the enjoyment
of all rights and benefits previously accorded
him under this Act or any other law, decree or
order shall be deemed terminated.
In case an informant or witness under this Act
fails or refuses to testify without just cause,
and when lawfully obliged to do so, or should
he/she violate any condition accompanying
such immunity as provided above, his/her
immunity shall be removed and he/she shall
likewise be subject to contempt and/or
criminal prosecution, as the case may be, and
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the enjoyment of all rights and benefits
previously accorded him under this Act or in
any other law, decree or order shall be
deemed terminated.
In case the informant or witness referred to
under this Act falls under the applicability of
this Section hereof, such individual cannot
avail of the provisions under Article VIII2 of
this Act.
(iii) Minor offenders
(iv) Application/non-application of
RPC provisions (Sec. 98, R.A. No.
9165)
Section 66. Suspension of Sentence of a
First-Time Minor Offender. – An accused who
is over fifteen (15) years of age at the time of
the commission of the offense mentioned in
Section 11 of this Act, but not more than
eighteen (18) years of age at the time when
judgment should have been promulgated
after having been found guilty of said offense,
may be given the benefits of a suspended
sentence, subject to the following conditions:
(a) He/she has not been previously
convicted of violating any provision of
this Act, or of the Dangerous Drugs
Act of 1972, as amended; or of the
Revised Penal Code; or of any special
penal laws;
(b) He/she has not been previously
committed to a Center or to the care
of a DOH-accredited physician; and
(c) The Board favorably recommends
that his/her sentence be suspended.
While under suspended sentence, he/she
shall be under the supervision and
rehabilitative surveillance of the Board, under
such conditions that the court may impose for
a period ranging from six (6) months to
eighteen (18) months.
Upon recommendation of the Board, the
court may commit the accused under
suspended sentence to a Center, or to the
2 First-Time Minor Offender. – If the accused
Epigraph: “Program for Treatment and Rehabilitation
of Drug Dependents”
SPECIAL PENAL LAWS CRIMINAL LAW
care of a DOH-accredited physician for at
least six (6) months, with after-care and
follow-up program for not more than
eighteen (18) months.
In the case of minors under fifteen (15) years
of age at the time of the commission of any
offense penalized under this Act, Article 192
of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code,
as amended by Presidential Decree No. 1179
shall apply, without prejudice to the
application of the provisions of this Section.
Section 67. Discharge After Compliance with
Conditions of Suspended Sentence of a First-
Time Minor Offender. – If the accused first
time minor offender under suspended
sentence complies with the applicable rules
and regulations of the Board, including
confinement in a Center, the court, upon a
favorable recommendation of the Board for
the final discharge of the accused, shall
discharge the accused and dismiss all
proceedings.
Upon the dismissal of the proceedings
against the accused, the court shall enter an
order to expunge all official records, other
than the confidential record to be retained by
the DOJ relating to the case. Such an order,
which shall be kept confidential, shall restore
the accused to his/her status prior to the
case. He/she shall not be held thereafter to
be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure
to acknowledge the case or recite any fact
related thereto in response to any inquiry
made of him for any purpose.
Section 68. Privilege of Suspended Sentence
to be Availed of Only Once by a First-Time
Minor Offender. – The privilege of suspended
sentence shall be availed of only once by an
accused drug dependent who is a first-time
offender over fifteen (15) years of age at the
time of the commission of the violation of
Section 15 of this Act but not more than
eighteen (18) years of age at the time when
judgment should have been promulgated.
Section 69. Promulgation of Sentence for
first-time minor offender violates any of the
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conditions of his/her suspended sentence,
the applicable rules and regulations of the
Board exercising supervision and
rehabilitative surveillance over him, including
the rules and regulations of the Center
should confinement be required, the court
shall pronounce judgment of conviction and
he/she shall serve sentence as any other
convicted person.
Section 70. Probation or Community Service
for a First-Time Minor Offender in Lieu of
Imprisonment. – Upon promulgation of the
sentence, the court may, in its discretion,
place the accused under probation, even if
the sentence provided under this Act is higher
than that provided under existing law on
probation, or impose community service in
lieu of imprisonment. In case of probation,
the supervision and rehabilitative surveillance
shall be undertaken by the Board through the
DOH in coordination with the Board of
Pardons and Parole and the Probation
Administration. Upon compliance with the
conditions of the probation, the Board shall
submit a written report to the court
recommending termination of probation and
a final discharge of the probationer,
whereupon the court shall issue such an
order.
The community service shall be complied
with under conditions, time and place as may
be determined by the court in its discretion
and upon the recommendation of the Board
and shall apply only to violators of Section 15
of this Act. The completion of the community
service shall be under the supervision and
rehabilitative surveillance of the Board during
the period required by the court. Thereafter,
the Board shall render a report on the
manner of compliance of said community
service. The court in its discretion may require
extension of the community service or order a
final discharge.
In both cases, the judicial records shall be
covered by the provisions of Sections 60 and
64 of this Act.
If the sentence promulgated by the court
requires imprisonment, the period spent in
the Center by the accused during the
suspended sentence period shall be deducted
from the sentence to be served.
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Section 98. Limited Applicability of the
Revised Penal Code. – Notwithstanding any
law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act No.
3814), as amended, shall not apply to the
provisions of this Act, except in the case of
minor offenders. Where the offender is a
minor, the penalty for acts punishable by life
imprisonment to death provided herein shall
be reclusion perpetua to death.
4. PERSONS CRIMINALLY
LIABLE/DEGREE OF PARTICIPATION
a) Decree Penalizing Obstruction of
Apprehension and Prosecution of
Criminal Offenders (P.D. 1829)
(i) Punishable acts
Section 1. The penalty of prision
correccional in its maximum period, or a fine
ranging from 1,000 to 6,000 pesos, or both,
shall be imposed upon any person who
knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of
suspects and the investigation and
prosecution of criminal cases by committing
any of the following acts:
(a) preventing witnesses from
testifying in any criminal proceeding
or from reporting the commission of
any offense or the identity of any
offender/s by means of bribery,
misrepresentation, deceit,
intimidation, force or threats;
(b) altering, destroying, suppressing
or concealing any paper, record,
document, or object, with intent to
impair its verity, authenticity,
legibility, availability, or admissibility
as evidence in any investigation of or
official proceedings in, criminal cases,
or to be used in the investigation of,
or official proceedings in, criminal
cases;
(c) harboring or concealing, or
facilitating the escape of, any person
he knows, or has reasonable ground
to believe or suspect, has committed
any offense under existing penal laws
in order to prevent his arrest
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prosecution and conviction;
(d) publicly using a fictitious name for
the purpose of concealing a crime,
evading prosecution or the execution
of a judgment, or concealing his true
name and other personal
circumstances for the same purpose
or purposes;
(e) delaying the prosecution of
criminal cases by obstructing the
service of process or court orders or
disturbing proceedings in the fiscal's
offices, in Tanodbayan, or in the
courts;
(f) making, presenting or using any
record, document, paper or object
with knowledge of its falsity and with
intent to affect the course or outcome
of the investigation of, or official
proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing
to accept any benefit in consideration
of abstaining from, discounting, or
impeding the prosecution of a
criminal offender;
(h) threatening directly or indirectly
another with the infliction of any
wrong upon his person, honor or
property or that of any immediate
member or members of his family in
order to prevent such person from
appearing in the investigation of, or
official proceedings in, criminal cases,
or imposing a condition, whether
lawful or unlawful, in order to prevent
a person from appearing in the
investigation of or in official
proceedings in, criminal cases;
(i) giving of false or fabricated
information to mislead or prevent the
law enforcement agencies from
apprehending the offender or from
protecting the life or property of the
victim; or fabricating information
from the data gathered in confidence
by investigating authorities for
purposes of background information
and not for publication and
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publishing or disseminating the same
to mislead the investigator or to the
court.
If any of the acts mentioned herein is
penalized by any other law with a higher
penalty, the higher penalty shall be imposed.
Section 2. If any of the foregoing acts is
committed by a public official or employee,
he shall in addition to the penalties provided
thereunder, suffer perpetual disqualification
from holding public office.
5. PENALTIES
a) General principles
(i) Act Prohibiting the Im position of
Death Penalty in the Philippines (R.A.
No. 9346), supra Part c).(3).(a)
e) Application
(i) Indeterm inate Sentence Law ([Act
No.] 3 4103, as am ended)
(a) Application on the im posed
sentence
Section 1. Hereafter, in imposing a prison
sentence for an offense punished by the
Revised Penal Code, or its amendments, the
court shall sentence the accused to an
indeterminate sentence the maximum term
of which shall be that which, in view of the
attending circumstances, could be properly
imposed under the rules of the said Code,
and the minimum which shall be within the
range of the penalty next lower to that
prescribed by the Code for the offense; and if
the offense is punished by any other law, the
court shall sentence the accused to an
indeterminate sentence, the maximum term
of which shall not exceed the maximum fixed
by said law and the minimum shall not be
less than the minimum term prescribed by
the same.
(b) Coverage
Sec. 2. This Act shall not apply to persons
convicted of offenses punished with death
penalty or life-imprisonment; to those
convicted of treason, conspiracy or proposal
to commit treason; to those convicted of
misprision of treason, rebellion, sedition or
3
Typographical error in syllabus refers to “R.A.”
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espionage; to those convicted of piracy; to
those who are habitual delinquents; to those
who have escaped from confinement or
evaded sentence; to those who having been
granted conditional pardon by the Chief
Executive shall have violated the terms
thereof; to those whose maximum term of
imprisonment does not exceed one year, not
to those already sentenced by final judgment
at the time of approval of this Act, except as
provided in Section 5 hereof.
(c) Conditions of parole
Sec. 5. […] Whenever any prisoner shall
have served the minimum penalty imposed
on him, and it shall appear to the Board of
Indeterminate Sentence, from the reports of
the prisoner's work and conduct which may
be received in accordance with the rules and
regulations prescribed, and from the study
and investigation made by the Board itself,
that such prisoner is fitted by his training for
release, that there is a reasonable probability
that such prisoner will live and remain at
liberty without violating the law, and that
such release will not be incompatible with the
welfare of society, said Board of
Indeterminate Sentence may, in its discretion,
and in accordance with the rules and
regulations adopted hereunder, authorize the
release of such prisoner on parole, upon such
terms and conditions as are herein prescribed
and as may be prescribed by the Board. […]
Sec. 6. Every prisoner released from
confinement on parole by virtue of this Act
shall, at such times and in such manner as
may be required by the conditions of his
parole, as may be designated by the said
Board for such purpose, report personally to
such government officials or other parole
officers hereafter appointed by the Board of
Indeterminate Sentence for a period of
surveillance equivalent to the remaining
portion of the maximum sentence imposed
upon him or until final release and discharge
by the Board of Indeterminate Sentence as
herein provided. […] The limits of residence of
such paroled prisoner during his parole may
be fixed and from time to time changed by
the said Board in its discretion. If during the
period of surveillance such paroled prisoner
shall show himself to be a law-abiding citizen
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and shall not violate any of the laws of the
Philippine Islands, the Board of
Indeterminate Sentence may issue a final
certificate of release in his favor, which shall
entitle him to final release and discharge.
Sec. 8. Whenever any prisoner released on
parole by virtue of this Act shall, during the
period of surveillance, violate any of the
conditions of his parole, the Board of
Indeterminate Sentence may issue an order
for his re-arrest which may be served in any
part of the Philippine Islands by any police
officer. In such case the prisoner so re-
arrested shall serve the remaining unexpired
portion of the maximum sentence for which
he was originally committed to prison, unless
the Board of Indeterminate Sentence shall, in
its discretion, grant a new parole to the said
prisoner.
f) Execution and service
(i) Probation Law (P.D. 968, as
am ended by R.A. No. 10707)
(a) Definition of term s
Section 3. Meaning of Terms. As used in this
Decree, the following shall, unless the
context otherwise requires, be construed
thus:
(a) "Probation" is a disposition under
which a defendant, after conviction
and sentence, is released subject to
conditions imposed by the court and
to the supervision of a probation
officer.
(b) "Probationer" means a person
placed on probation.
(c) "Probation Officer" means one
who investigates for the court a
referral for probation or supervises a
probationer or both.
(b) Purpose
Section 2. Purpose. This Decree shall be
interpreted so as to:
(a) promote the correction and
rehabilitation of an offender by
providing him with individualized
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treatment;
(b) provide an opportunity for the
reformation of a penitent offender
which might be less probable if he
were to serve a prison sentence; and
(c) prevent the commission of
offenses.
(c) Grant of probation, m anner and
conditions
[GRANT]
Section 4. Grant of Probation. — Subject to
the provisions of this Decree, the trial court
may, after it shall have convicted and
sentenced a defendant for a probationable
penalty and upon application by said
defendant within the period for perfecting an
appeal, suspend the execution of the
sentence and place the defendant on
probation for such period and upon such
terms and conditions as it may deem best. No
application for probation shall be entertained
or granted if the defendant has perfected the
appeal from the judgment of
conviction: Provided, That when a judgment of
conviction imposing a non-probationable
penalty is appealed or reviewed, and such
judgment is modified through the imposition
of a probationable penalty, the defendant shall
be allowed to apply for probation based on the
modified decision before such decision
becomes final. The application for probation
based on the modified decision shall be filed in
the trial court where the judgment of
conviction imposing a non-probationable
penalty was rendered, or in the trial court
where such case has since been re-raffled. In a
case involving several defendants where some
have taken further appeal, the other
defendants may apply for probation by
submitting a written application and attaching
thereto a certified true copy of the judgment of
conviction.
The trial court shall, upon receipt of the
application filed, suspend the execution of the
sentence imposed in the judgment.
This notwithstanding, the accused shall lose
the benefit of probation should he seek a
PAGE 9 OF 68
CRIMINAL LAW
review of the modified decision which already
imposes a probationable penalty.
Probation may be granted whether the
sentence imposes a term of imprisonment or
a fine only. [An application for probation shall
be filed with the trial court, with notice to the
appellate court if an appeal has been taken
from the sentence of conviction.]The filing of
the application shall be deemed a waiver of
the right to appeal[, or the automatic
withdrawal of a pending appeal].
An order granting or denying probation shall
not be appealable.(As am ended by R.A.
No. 10707 4 )
[MANNER]
Section 5. Post-sentence Investigation. No
person shall be placed on probation except
upon prior investigation by the probation
officer and a determination by the court that
the ends of justice and the best interest of the
public as well as that of the defendant will be
served thereby.
Section 6. Form of Investigation Report. The
investigation report to be submitted by the
probation officer under Section 5 hereof shall
be in the form prescribed by the Probation
Administrator and approved by the Secretary
of Justice.
Section 7. Period for Submission of
Investigation Report. The probation officer
shall submit to the court the investigation
report on a defendant not later than sixty
days from receipt of the order of said court to
conduct the investigation. The court shall
resolve the petition for probation not later
than five days after receipt of said report.
Pending submission of the investigation
report and the resolution of the petition, the
defendant may be allowed on temporary
liberty under his bail filed in the criminal
case; Provided, That, in case where no bail
was filed or that the defendant is incapable of
filing one, the court may allow the release of
4
Portions in italics as added by R.A. No. 10707.
Portions enclosed in brackets and/or with strike-
through were deleted by R.A. No. 10707.
UP LAW BOC SPECIAL PENAL LAWS
the defendant on recognize the custody of a
responsible member of the community who
shall guarantee his appearance whenever
required by the court.
Section 11. Effectivity of Probation Order. A
probation order shall take effect upon its
issuance, at which time the court shall inform
the offender of the consequences thereof and
explain that upon his failure to comply with
any of the conditions prescribed in the said
order or his commission of another offense,
he shall serve the penalty imposed for the
offense under which he was placed on
probation.
Section 12. Modification of Condition of
Probation. During the period of probation, the
court may, upon application of either the
probationer or the probation officer, revise or
modify the conditions or period of probation.
The court shall notify either the probationer
or the probation officer of the filing such an
application so as to give both parties an
opportunity to be heard thereon.
The court shall inform in writing the
probation officer and the probationer of any
change in the period or conditions of
probation.
Section 13. Control and Supervision of
Probationer. The probationer and his
probation program shall be under the control
of the court who placed him on probation
subject to actual supervision and visitation by
a probation officer.
Whenever a probationer is permitted to
reside in a place under the jurisdiction of
another court, control over him shall be
transferred to the Executive Judge of the
Court of First Instance of that place, and in
such a case, a copy of the probation order,
the investigation report and other pertinent
records shall be furnished said Executive
Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is
transferred shall have the power with respect
to him that was previously possessed by the
court which granted the probation.
[CONDITIONS]
PAGE 10 OF 68
CRIMINAL LAW
Section 10. Conditions of Probation. Every
probation order issued by the court shall
contain conditions requiring that the
probationer shall:
(a) present himself to the probation
officer designated to undertake his
supervision at such place as may be
specified in the order within seventy-
two hours from receipt of said order;
(b) report to the probation officer at
least once a month at such time and
place as specified by said officer.
The court may also require the probationer
to:
(a) cooperate with a program of
supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific
employment and not to change said
employment without the prior written
approval of the probation officer;
(d) undergo medical, psychological or
psychiatric examination and
treatment and enter and remain in a
specified institution, when required
for that purpose;
(e) pursue a prescribed secular study
or vocational training;
(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 excess;
(i) permit to probation officer or an
authorized social worker to visit his
home and place or work;
(j) reside at premises approved by it
and not to change his residence
without its prior written approval; or
UP LAW BOC SPECIAL PENAL LAWS
(k) satisfy any other condition related
to the rehabilitation of the defendant
and not unduly restrictive of his
liberty or incompatible with his
freedom of conscience.
(d) Criteria of placing an offender on
probation
Section 8. Criteria for Placing an Offender
on Probation. In determining whether an
offender may be placed on probation, the
court shall consider all information relative,
to the character, antecedents, environment,
mental and physical condition of the
offender, and available institutional and
community resources. Probation shall be
denied if the court finds that:
(a) the offender is in need of
correctional treatment that can be
provided most effectively by his
commitment to an institution; or
(b) there is undue risk that during the
period of probation the offender will
commit another crime; or
(c) probation will depreciate the
seriousness of the offense committed.
(e) Disqualified offenders
SEC. 9. Disqualified Offenders. — The
benefits of this Decree shall not be extended
to those:
a. sentenced to serve a maximum
term of imprisonment of more than
six (6) years;
b. convicted of any crime against the
national security;
c. who have previously been convicted
by final judgment of an offense
punished by imprisonment of more
than six (6) months and one (1) day
and/or a fine of more than one
thousand pesos (P1,000.00);5
5
N.B. Fine was increased from “not less than Two
Hundred Pesos.”
PAGE 11 OF 68
CRIMINAL LAW
d. who have been once on probation
under the provisions of this Decree;
and
e. who are already serving sentence
at the time the substantive provisions
of this Decree became applicable
pursuant to Section 33 hereof. (As
am ended by R.A. No. 10707)
(f) Period of probation
Section 14. Period of Probation.
(a) The period of probation of a
defendant sentenced to a term of
imprisonment of not more than one
year shall not exceed two years, and
in all other cases, said period shall
not exceed six years.
(b) When the sentence imposes a fine
only and the offender is made to
serve subsidiary imprisonment in case
of insolvency, the period of probation
shall not be less than nor to be more
than twice the total number of days
of subsidiary imprisonment as
computed at the rate established, in
Article thirty-nine of the Revised
Penal Code, as amended.
(g) Arrest of probationer
Section 15. Arrest of Probationer;
Subsequent Disposition. At any time during
probation, the court may issue a warrant for
the arrest of a probationer for violation of any
of the conditions of probation. The
probationer, once arrested and detained,
shall immediately be brought before the
court for a hearing, which may be informal
and summary, of the violation charged. The
defendant may be admitted to bail pending
such hearing. In such a case, the provisions
regarding release on bail of persons charged
with a crime shall be applicable to
probationers arrested under this provision. If
the violation is established, the court may
revoke or continue his probation and modify
the conditions thereof. If revoked, the court
shall order the probationer to serve the
sentence originally imposed. An order
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

revoking the grant of probation or modifying exemption from criminal liability under
the terms and conditions thereof shall not be Section 55 of this Act, may be charged under
appealable. the provisions of this Act, but shall be placed
on probation and undergo a community
(h) Term ination of probation; service in lieu of imprisonment and/or fine in
exception the discretion of the court, without prejudice
to the outcome of any pending case filed in
SEC. 16. Termination of Probation. — After court.
the period of probation and upon
consideration of the report and Such drug dependent shall undergo
recommendation of the probation officer, the community service as part of his/her after-
court may order the final discharge of the care and follow-up program, which may be
probationer upon finding that he has fulfilled done in coordination with nongovernmental
the terms and conditions of his probation and civil organizations accredited by the DSWD,
thereupon the case is deemed terminated. with the recommendation of the Board.

The final discharge of the probationer shall Section 70. Probation or Community Service
operate to restore to him all civil rights lost or for a First-Time Minor Offender in Lieu of
suspended as a result of his conviction and to Imprisonment.[supra]
totally extinguish his criminal liability as to
the offense for which probation was granted. (ii) Juvenile Justice and W elfare Act of
2006 (R.A. No. 9344); also refer to
The probationer and the probation officer Child and Youth W elfare Code (P.D.
shall each be furnished with a copy of such 603, as amended)
order.(As am ended by R.A. No. 10707) 6 (a) Definition of child in conflict with
the law [supra]
see also: The Comprehensive (b) Exem ption from crim inal liability
Dangerous Drugs Act of 2002 (R.A. [supra]
No. 9165) (c) Juvenile justice and welfare system

Section 24. Non-Applicability of the SEC. 20. Children Below the Age of Criminal
Probation Law for Drug Traffickers and Responsibility. – If it has been determined
Pushers. – Any person convicted for drug that the child taken into custody is fifteen (15)
trafficking or pushing under this Act, years old or below, the authority which will
regardless of the penalty imposed by the have an initial contact with the child, in
Court, cannot avail of the privilege granted by consultation with the local social welfare and
the Probation Law or Presidential Decree No. development officer, has the duty to
968, as amended. immediately release the child to the custody
of his/her parents or guardian, or in the
Section 57. Probation and Community absence thereof, the child’s nearest relative.
Service Under the Voluntary Submission The child shall be subjected to a community-
Program. – A drug dependent who is based intervention program supervised by the
discharged as rehabilitated by the DOH- local social welfare and development officer,
accredited Center through the voluntary unless the best interest of the child requires
submission program, but does not qualify for the referral of the child to a youth care facility
or ‘Bahay Pag-asa’ managed by LGUs or
6
licensed and/or accredited NGOs monitored
Exception apparently refers to the fact that under the by the DSWD.
old law, the second paragraph of this section read: “The
final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result The local social welfare and development
of his conviction and to fully discharge his liability for any officer shall determine the appropriate
fine imposed as to the offense for which probation was programs for the child who has been
granted.” (i.e. The civil liability ex delicto, if any was released, in consultation with the child and
rewarded, is not extinguished by the termination of the
probation.) the person having custody over the child. If
PAGE 12 OF 68
UP LAW BOC SPECIAL PENAL LAWS
the parents, guardians or nearest relatives
cannot be located, or if they refuse to take
custody, the child may be released to any of
the following:
(a) A duly registered
nongovernmental or religious organization;
(b) A barangay official or a member of
the Barangay Council for the
Protection of Children (BCPC);
(c) A local social welfare and
development officer; or, when and where
appropriate, the DSWD.
If the child has been found by the local social
welfare and development officer to be
dependent, abandoned, neglected or abused
by his/her parents and the best interest of the
child requires that he/she be placed in a
youth care facility or ‘Bahay Pag-asa’, the
child’s parents or guardians shall execute a
written authorization for the voluntary
commitment of the child: Provided, That if the
child has no parents or guardians or if they
refuse or fail to execute the written
authorization for voluntary commitment, the
proper petition for involuntary commitment
shall be immediately filed by the DSWD or
the Local Social Welfare and Development
Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise
known as ‘The Child and Youth Welfare Code’
and the Supreme Court rule on commitment
of children: Provided, further, That the
minimum age for children committed to a
youth care facility or ‘Bahay Pag-asa’ shall be
twelve (12) years old.”
SEC. 20-A. Serious Crimes Committed by
Children Who Are Exempt From Criminal
Responsibility. – A child who is above twelve
(12) years of age up to fifteen (15) years of age
and who commits parricide, murder,
infanticide, kidnapping and serious illegal
detention where the victim is killed or raped,
robbery, with homicide or rape, destructive
arson, rape, or carnapping where the driver or
occupant is killed or raped or offenses under
Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by
more than twelve (12) years of imprisonment,
shall be deemed a neglected child under
PAGE 13 OF 68
CRIMINAL LAW
Presidential Decree No. 603, as amended,
and shall be mandatorily placed in a special
facility within the youth care faculty or ‘Bahay
Pag-asa’ called the Intensive Juvenile
Intervention and Support Center (IJISC).
In accordance with existing laws, rules,
procedures and guidelines, the proper
petition for involuntary commitment and
placement under the IJISC shall be filed by
the local social welfare and development
officer of the LGU where the offense was
committed, or by the DSWD social worker in
the local social welfare and development
officer’s absence, within twenty-four (24)
hours from the time of the receipt of a report
on the alleged commission of said child. The
court, where the petition for involuntary
commitment has been filed shall decide on
the petition within seventy-two (72) hours
from the time the said petition has been filed
by the DSWD/LSWDO. The court will
determine the initial period of placement of
the child within the IJISC which shall not be
less than one (1) year. The multi-disciplinary
team of the IJISC will submit to the court a
case study and progress report, to include a
psychiatric evaluation report and recommend
the reintegration of the child to his/her family
or the extension of the placement under the
IJISC. The multi-disciplinary team will also
submit a report to the court on the services
extended to the parents and family of the
child and the compliance of the parents in
the intervention program. The court will
decide whether the child has successfully
completed the center-based intervention
program and is already prepared to be
reintegrated with his/her family or if there is
a need for the continuation of the center-
based rehabilitation of the child. The court
will determine the next period of assessment
or hearing on the commitment of the child.
SEC. 20-B. Repetition of Offenses. – A child
who is above twelve (12) years of age up to
fifteen (15) years of age and who commits an
offense for the second time or
oftener: Provided, That the child was
previously subjected to a community-based
intervention program, shall be deemed a
neglected child under Presidential Decree
No. 603, as amended, and shall undergo an
intensive intervention program supervised by
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

the local social welfare and development

officer: Provided, further, That, if the best B. Book II
interest of the child requires that he/she be
placed in a youth care facility or ‘Bahay Pag- Prelim inary note: (a) Penalties for specific
asa’, the child’s parents or guardians shall crimes and (b) special penal laws not
execute a written authorization for the enumerated in the bar syllabus are excluded
voluntary commitment of the child: Provided, from the bar coverage.
finally, That if the child has no parents or
guardians or if they refuse or fail to execute B.1. CRIMES AGAINST NATIONAL
the written authorization for voluntary SECURITY
commitment, the proper petition for
involuntary commitment shall be Include:
immediately filed by the DSWD or the a) Anti-Piracy and Anti-Highway
LSWDO pursuant to Presidential Decree No. Robbery (P.D. 532)
603, as amended. (As am ended by R.A. (i) Definition of Term s
No. 10630)
SEC. 2. Definition of Terms. The following
terms shall mean and be understood, as
follows:

a. Philippine Waters. It shall refer to all

bodies of water, such as but not limited to,
seas, gulfs, bays around, between and
connecting each of the Islands of the
Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all
other waters belonging to the Philippines by
historic or legal title, including territorial sea,
the sea-bed, the insular shelves, and other
submarine areas over which the Philippines
has sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for

transport of passengers and cargo from one
place to another through Philippine Waters. It
shall include all kinds and types of vessels or
boats used in fishing.

c. Philippine Highway. It shall refer to any

road, street, passage, highway and bridges or
other parts thereof, or railway or railroad
within the Philippines used by persons, or
vehicles, or locomotives or trains for the
movement or circulation of persons or
transportation of goods, articles, or property
or both.

d. Piracy. Any 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 violence against or intimidation
of persons or force upon things, committed
PAGE 14 OF 68
UP LAW BOC SPECIAL PENAL LAWS
by any person, including a passenger or
member of the complement of said vessel, in
Philippine waters, shall be considered as
piracy. The offenders shall be considered as
pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure
of any person for ransom, extortion or other
unlawful purposes, or the taking away of the
property of another by means of violence
against or intimidation of person or force
upon things of other unlawful means,
committed by any person on any Philippine
Highway.
(ii) Punishable acts
SEC. 3. Penalties. Any person who commits
piracy or highway robbery/brigandage as
herein defined, shall, upon conviction by
competents court be punished by:
a. Piracy. The penalty of reclusion temporal in
its medium and maximum periods shall be
imposed. If physical injuries or other crimes
are committed as a result or on the occasion
thereof, the penalty of reclusion perpetua
shall be imposed. If rape, murder or homicide
is committed as a result or on the occasion of
piracy, or when the offenders abandoned the
victims without means of saving themselves,
or when the seizure is accomplished by firing
upon or boarding a vessel, the mandatory
penalty of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty
of reclusion temporal in its minimum period
shall be imposed. If physical injuries or other
crimes are committed during or on the
occasion of the commission of robbery or
brigandage, the penalty of reclusion
temporal in its medium and maximum
periods shall be imposed. If kidnapping for
ransom or extortion, or murder or homicide,
or rape is committed as a result or on the
occasion thereof, the penalty of death shall
be imposed.
PAGE 15 OF 68
CRIMINAL LAW
SEC. 4. Aiding pirates or highway
robbers/brigands or abetting piracy or
highway robbery/brigandage. Any person who
knowingly and in any manner aids or protects
pirates or highway robbers/brigands, such as
giving them information about the movement
of police or other peace officers of the
government, or acquires or receives property
taken by such pirates or brigands or in any
manner derives any benefit therefrom; or any
person who directly or indirectly abets the
commission of piracy or highway robbery or
brigandage, shall be considered as an
accomplice of the principal offenders and be
punished in accordance with the Rules
prescribed by the Revised Penal Code.
It shall be presumed that any person who
does any of the acts provided in this Section
has performed knowingly, unless the contrary
is proven.
7
b) Anti-Hijacking Law ([R.A. No.]
6235)
(i) Punishable Acts
SEC. 1. It shall be unlawful for any person to
compel a change in the course or destination
of an aircraft of Philippine registry, or to seize
or usurp the control thereof, while it is in
flight. An aircraft is in flight from the moment
all its external doors are closed following
embarkation until any of such doors is
opened for disembarkation.
It shall likewise be unlawful for any person to
compel an aircraft of foreign registry to land
in Philippine territory or to seize or usurp the
control thereof while it is within the said
territory.
SEC. 3. It shall be unlawful for any person,
natural or juridical, to ship, load or carry in
any passenger aircraft operating as a public
utility within the Philippines, and explosive,
flammable, corrosive or poisonous substance
or material.
c) Hum an Security Act (R.A. No. 9372)
(i) Punishable Acts of Terrorism
7
Typographical error in syllabus refers to “P.D.”
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

SEC. 3. Terrorism.- Any person who commits

an act punishable under any of the following (ii) W ho are liable
provisions of the Revised Penal Code:
SEC. 4. Conspiracy to Commit Terrorism. -
a. Article 122 (Piracy in General and Persons who conspire to commit the crime of
Mutiny in the High Seas or in the terrorism shall suffer the penalty of forty (40)
Philippine Waters); years of imprisonment.
b. Article 134 (Rebellion or
Insurrection); There is conspiracy when two or more
c. Article 134-a (Coup d' Etat), persons come to an agreement concerning
including acts committed by the commission of the crime of terrorism as
private persons; defined in Section 3 hereof and decide to
d. Article 248 (Murder); commit the same.
e. Article 267 (Kidnapping and
Serious Illegal Detention); SEC. 5. Accomplice. - Any person who, not
f. Article 324 (Crimes Involving being a principal under Article 17 of the
Destruction), or under Revised Penal Code or a conspirator as
1. Presidential Decree No. defined in Section 4 hereof, cooperates in the
1613 (The Law on Arson); execution of either the crime of terrorism or
2. Republic Act No. 6969 conspiracy to commit terrorism by previous or
(Toxic Substances and simultaneous acts shall suffer the penalty of
Hazardous and Nuclear from seventeen (17) years, four months one
Waste Control Act of day to twenty (20) years of imprisonment.
1990);
3. Republic Act No. 5207, SEC. 6. Accessory. - Any person who, having
(Atomic Energy knowledge of the commission of the crime of
Regulatory and Liability terrorism or conspiracy to commit terrorism,
Act of 1968); and without having participated therein,
4. Republic Act No. 6235 either as principal or accomplice under
(Anti-Hijacking Law); Articles 17 and 18 of the Revised Penal Code,
5. Presidential Decree No. takes part subsequent to its commission in
532 (Anti-Piracy and any of the following manner: (a) by profiting
Anti-Highway Robbery himself or assisting the offender to profit by
Law of 1974); and, the effects of the crime; (b) by concealing or
6. Presidential Decree No. destroying the body of the crime, or the
1866, as amended effects, or instruments thereof, in order to
(Decree Codifying the prevent its discovery; (c) by harboring,
Laws on Illegal and concealing, or assisting in the escape of the
Unlawful Possession, principal or conspirator of the crime, shall
Manufacture, Dealing in, suffer the penalty of ten (10) years and one
Acquisition or Disposition day to twelve (12) years of imprisonment.
of Firearms, Ammunitions
or Explosives) Notwithstanding the above paragraph, the
penalties prescribed for accessories shall not
thereby sowing and creating a condition of be imposed upon those who are such with
widespread and extraordinary fear and panic respect to their spouses, ascendants,
among the populace, in order to coerce the descendants, legitimate, natural, and
government to give in to an unlawful demand adopted brothers and sisters, or relatives by
shall be guilty of the crime of terrorism and affinity within the same degrees, with the
shall suffer the penalty of forty (40) years of single exception of accessories falling within
imprisonment, without the benefit of parole the provisions of subparagraph (a).
as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, 2. CRIMES AGAINST THE
as amended. FUNDAMENTAL LAW S OF THE STATE
PAGE 16 OF 68
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brought to his/her residence or office.

Include:
a) Hum an Security Act of 2007 (R.A. Immediately after taking custody of a person
No. 9372) charged with or suspected of the crime of
(i) Period of detention terrorism or conspiracy to commit terrorism,
the police or law enforcement personnel shall
SEC. 18. Period of Detention Without Judicial notify in writing the judge of the court nearest
Warrant of Arrest. - The provisions of Article the place of apprehension or arrest:
125 of the Revised Penal Code to the contrary Provided,That where the arrest is made
notwithstanding, any police or law during Saturdays, Sundays, holidays or after
enforcement personnel, who, having been office hours, the written notice shall be
duly authorized in writing by the Anti- served at the residence of the judge nearest
Terrorism Council has taken custody of a the place where the accused was arrested.
person charged with or suspected of the
crime of terrorism or the crime of conspiracy The penalty of ten (10) years and one day to
to commit terrorism shall, without incurring twelve (12) years of imprisonment shall be
any criminal liability for delay in the delivery imposed upon the police or law enforcement
of detained persons to the proper judicial personnel who fails to notify and judge as
authorities, deliver said charged or suspected provided in the preceding paragraph.
person to the proper judicial authority within
a period of three days counted from the • Sections referred to in the aforequoted
moment the said charged or suspected provisions:
person has been apprehended or arrested, o See “SEC. 7. Surveillance of
detained, and taken into custody by the said Suspects and Interception and
police, or law enforcement personnel: Recording of Communications. -
Provided, That the arrest of those suspected The provisions of Republic Act
of the crime of terrorism or conspiracy to No. 4200 (Anti-Wire Tapping
commit terrorism must result from the Law) to the contrary
surveillance under Section 7 and examination notwithstanding, a police or law
of bank deposits under Section 27 of this Act. enforcement official and the
members of his team may, upon a
The police or law enforcement personnel written order of the Court of
concerned shall, before detaining the person Appeals, listen to, intercept and
suspected of the crime of terrorism, present record, with the use of any mode,
him or her before any judge at the latter's form, kind or type of electronic or
residence or office nearest the place where other surveillance equipment or
the arrest took place at any time of the day or intercepting and tracking devices,
night. It shall be the duty of the judge, among or with the use of any other
other things, to ascertain the identity of the suitable ways and means for that
police or law enforcement personnel and the purpose, any communication,
person or persons they have arrested and message, conversation,
presented before him or her, to inquire of discussion, or spoken or written
them the reasons why they have arrested the words between members of a
person and determine by questioning and judicially declared and outlawed
personal observation whether or not the terrorist organization,
suspect has been subjected to any physical, association, or group of persons
moral or psychological torture by whom and or of any person charged with or
why. The judge shall then submit a written suspected of the crime of
report of what he/she had observed when the terrorism or conspiracy to commit
subject was brought before him to the proper terrorism.
court that has jurisdiction over the case of the
person thus arrested. The judge shall Provided, That surveillance,
forthwith submit his/her report within three interception and recording of
calendar days from the time the suspect was communications between lawyers
PAGE 17 OF 68
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and clients, doctors and patients,
journalists and their sources and
confidential business
correspondence shall not be
authorized.”
o See also “SEC. 27. Judicial
Authorization Required to
Examine Bank Deposits, Accounts,
and Records. - The provisions of
Republic Act No. 1405 as
amended, to the contrary
notwithstanding, the justices of
the Court of Appeals designated
as a special court to handle anti-
terrorism cases after satisfying
themselves of the existence of
probable cause in a hearing
called for that purpose that: (1) a
person charged with or suspected
of the crime of terrorism or,
conspiracy to commit terrorism,
(2) of a judicially declared and
outlawed terrorist organization,
association, or group of persons;
and (3) of a member of such
judicially declared and outlawed
organization, association, or
group of persons, may authorize
in writing any police or law
enforcement officer and the
members of his/her team duly
authorized in writing by the anti-
terrorism council to: (a) examine,
or cause the examination of, the
deposits, placements, trust
accounts, assets and records in a
bank or financial institution; and
(b) gather or cause the gathering
of any relevant information about
such deposits, placements, trust
accounts, assets, and records
from a bank or financial
institution. The bank or financial
institution concerned, shall not
refuse to allow such examination
or to provide the desired
information, when so, ordered by
and served with the written order
of the Court of Appeals.”
SEC. 19. Period of Detention in the Event of
an Actual or Imminent Terrorist Attack. - In the
event of an actual or imminent terrorist
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CRIMINAL LAW
attack, suspects may not be detained for
more than three days without the written
approval of a municipal, city, provincial or
regional official of a Human Rights
Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a
justice of the Court of Appeals nearest the
place of the arrest. If the arrest is made
during Saturdays, Sundays, holidays or after
office hours, the arresting police or law
enforcement personnel shall bring the person
thus arrested to the residence of any of the
officials mentioned above that is nearest the
place where the accused was arrested. The
approval in writing of any of the said officials
shall be secured by the police or law
enforcement personnel concerned within five
days after the date of the detention of the
persons concerned:Provided, however, That
within three days after the detention the
suspects, whose connection with the terror
attack or threat is not established, shall be
released immediately.
SEC. 20. Penalty for Failure to Deliver
Suspect to the Proper Judicial Authority within
Three Days. - The penalty of ten (10) years and
one day to twelve (12) years of imprisonment
shall be imposed upon any police or law
enforcement personnel who has
apprehended or arrested, detained and taken
custody of a person charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism and fails to
deliver such charged or suspected person to
the proper judicial authority within the period
of three days.
b) Anti-Torture Act of 2009 (R.A. No.
9745)
(i) Punishable acts
SEC. 4.Acts of Torture. - For purposes of this
Act, torture shall include, but not be limited
to, the following:
(a) Physical torture is a form of
treatment or punishment inflicted by
a person in authority or agent of a
person in authority upon another in
his/her custody that causes severe
pain, exhaustion, disability or
dysfunction of one or more parts of
the body, such as:
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

and extreme cold;

(1) Systematic beating,
headbanging, punching, (12) The use of plastic bag
kicking, striking with and other materials placed
truncheon or rifle butt or over the head to the point of
other similar objects, and asphyxiation;
jumping on the stomach;
(13) The use of psychoactive
(2) Food deprivation or drugs to change the
forcible feeding with spoiled perception, memory.
food, animal or human alertness or will of a person,
excreta and other stuff or such as:
substances not normally
eaten; (i) The administration
or drugs to induce
(3) Electric shock; confession and/or
reduce mental
(4) Cigarette burning; burning competency; or
by electrically heated rods,
hot oil, acid; by the rubbing of (ii) The use of drugs to
pepper or other chemical induce extreme pain
substances on mucous or certain symptoms
membranes, or acids or of a disease; and
spices directly on the
wound(s); (14) Other analogous acts of
physical torture; and
(5) The submersion of the
head in water or water (b) "Mental/Psychological Torture" refers to
polluted with excrement, acts committed by a person in authority or
urine, vomit and/or blood agent of a person in authority which are
until the brink of suffocation; calculated to affect or confuse the mind
and/or undermine a person's dignity and
(6) Being tied or forced to morale, such as:
assume fixed and stressful
bodily position; (1) Blindfolding;

(7) Rape and sexual abuse, (2) Threatening a person(s) or

including the insertion of his/fher relative(s) with bodily harm,
foreign objects into the sex execution or other wrongful acts;
organ or rectum, or electrical
torture of the genitals; (3) Confinement in solitary cells or
secret detention places;
(8) Mutilation or amputation
of the essential parts of the (4) Prolonged interrogation;
body such as the genitalia,
ear, tongue, etc.; (5) Preparing a prisoner for a "show
trial", public display or public
(9) Dental torture or the humiliation of a detainee or prisoner;
forced extraction of the teeth;
(6) Causing unscheduled transfer of a
(10) Pulling out of fingernails; person deprived of liberty from one
place to another, creating the belief
(11) Harmful exposure to the that he/she shall be summarily
elements such as sunlight executed;
PAGE 19 OF 68
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(7) Maltreating a member/s of a
person's family;
(8) Causing the torture sessions to be
witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as
stripping the person naked, parading
him/her in public places, shaving the
victim's head or putting marks on
his/her body against his/her will;
(11) Deliberately prohibiting the victim
to communicate with any member of
his/her family; and
(12) Other analogous acts of
mental/psychological torture.
• N.B. “SEC. 15. Torture as a Separate
and Independent Crime. - Torture as
a crime shall not absorb or shall not
be absorbed by any other crime or
felony committed as a consequence,
or as a means in the conduct or
commission thereof. In which case,
torture shall be treated as a separate
and independent criminal act whose
penalties shall be imposable without
prejudice to any other criminal
liability provided for by domestic and
international laws.”
SEC. 5.Other Cruel, Inhuman and Degrading
Treatment or Punishment. - Other cruel,
inhuman or degrading treatment or
punishment refers to a deliberate and
aggravated treatment or punishment not
enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a
person in authority against another person in
custody, which attains a level of severity
sufficient to cause suffering, gross
humiliation or debasement to the latter. The
assessment of the level of severity shall
depend on all the circumstances of the case,
including the duration of the treatment or
punishment, its physical and mental effects
and, in some cases, the sex, religion, age and
state of health of the victim.
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CRIMINAL LAW
• N.B. “Section 6. Freedom from
Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment,
An Absolute Right. - Torture and
other cruel, inhuman and degrading
treatment or punishment as criminal
acts shall apply to all circumstances.
A state of war or a threat of war,
internal political instability, or any
other public emergency, or a
document or any determination
comprising an "order of battle" shall
not and can never be invoked as a
justification for torture and other
cruel, inhuman and degrading
treatment or punishment.”
SEC. 7. Prohibited Detention. -Secret
detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out
with impunity are hereby prohibited.
In which case, the Philippine National Police
(PNP), the Armed Forces of the Philippines
(AFP) and other law enforcement agencies
concerned shall make an updated list of all
detention centers and facilities under their
respective jurisdictions with the
corresponding data on the prisoners or
detainees incarcerated or detained therein
such as, among others, names, date of arrest
and incarceration, and the crime or offense
committed. This list shall be made available
to the public at all times, with a copy of the
complete list available at the respective
national headquarters of the PNP and AFP. A
copy of the complete list shall likewise be
submitted by the PNP, AFP and all other law
enforcement agencies to the Commission on
Human Rights (CHR), such list to be
periodically updated, by the same agencies,
within the first five (5) days of every month at
the minimum. Every regional office of the
PNP, AFP and other law enforcement
agencies shall also maintain a similar list far
all detainees and detention facilities within
their respective areas, and shall make the
same available to the public at all times at
their respective regional headquarters, and
submit a copy. updated in the same manner
provided above, to the respective regional
offices of the CHR.
UP LAW BOC SPECIAL PENAL LAWS
• Notes on punishable acts:
o For definitions, see “SEC.
3. Definitions. - For purposes of
this Act, the following terms shall
mean:
(a) "Torture" refers to an act by
which severe pain or suffering,
whether physical or mental, is
intentionally inflicted on a person
for such purposes as obtaining
from him/her or a third person
information or a confession;
punishing him/her for an act
he/she or a third person has
committed or is suspected of
having committed; or
intimidating or coercing him/her
or a third person; or for any
reason based on discrimination of
any kind, when such pain or
suffering is inflicted by or at the
instigation of or with the consent
or acquiescence of a person in
authority or agent of a person in
authority. It does not include pain
or suffering arising only from,
inherent in or incidental to lawful
sanctions.
(b) "Other cruel, inhuman and
degrading treatment or
punishment" refers to a committed, is being committed, or has been
deliberate and aggravated
treatment or punishment not
enumerated under Section 4 of
this Act, inflicted by a person in
authority or agent of a person in
authority against a person under
his/her custody, which attains a
level of severity causing suffering,
gross humiliation or debasement
to the latter. […]”
o Torture (Sec. 4) is punished under
Sec. 14(a)-(g). Other Cruel,
Inhuman, and Degrading
Treatment or Punishment (Sec. 5)
is punished under Sec. 14(h). Acts
prohibited under Sec. 7 are
punished under Sec. 14(i)-(j).
(ii) W ho are liable
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CRIMINAL LAW
SEC. 13. Who are Criminally Liable. - Any
person who actually participated or induced
another in the commission of torture or other
cruel, inhuman and degrading treatment or
punishment or who cooperated in the
execution of the act of torture or other cruel,
inhuman and degrading treatment or
punishment by previous or simultaneous acts
shall be liable as principal.
Any superior military, police or law
enforcement officer or senior government
official who issued an order to any lower
ranking personnel to commit torture for
whatever purpose shall be held equally liable
as principals.
The immediate commanding officer of the
unit concerned of the AFP or the immediate
senior public official of the PNP and other law
enforcement agencies shall be held liable as
a principal to the crime of torture or other
cruel or inhuman and degrading treatment or
punishment for any act or omission, or
negligence committed by him/her that shall
have led, assisted, abetted or allowed,
whether directly or indirectly, the commission
thereof by his/her subordinates. If he/she has
knowledge of or, owing to the circumstances
at the time, should have known that acts of
torture or other cruel, inhuman and
degrading treatment or punishment shall be
committed by his/her subordinates or by
others within his/her area of responsibility
and, despite such knowledge, did not take
preventive or corrective action either before,
during or immediately after its commission,
when he/she has the authority to prevent or
investigate allegations of torture or other
cruel, inhuman and degrading treatment or
punishment but failed to prevent or
investigate allegations of such act, whether
deliberately or due to negligence shall also
be liable as principals.
Any public officer or employee shall be liable
as an accessory if he/she has knowledge that
torture or other cruel, inhuman and
degrading treatment or punishment is being
committed and without having participated
therein, either as principal or accomplice,
takes part subsequent to its commission in
UP LAW BOC SPECIAL PENAL LAWS
any of the following manner:
(a) By themselves profiting from or
assisting the offender to profit from
the effects of the act of torture or
other cruel, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or
other cruel, inhuman and degrading
treatment or punishment and/or
destroying the effects or instruments
thereof in order to prevent its
discovery; or(c) By harboring,
concealing or assisting m the escape
of the principal/s in the act of torture
or other cruel, inhuman and
degrading treatment or punishment:
Provided, That the accessory acts are
done with the abuse of the official's
public functions.
3. CRIMES AGAINST PUBLIC ORDER
Include:
a) Decree Codifying the Laws on
Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition
or Disposition of Firearm s,
Ammunition or Explosives (P.D. 1866,
as am ended by R.A. No. 8294), as
further am ended by the
Comprehensive Firearms and
Ammunition Regulation Act (R.A. No.
10591)
• N.B. R.A. No. 10591, “SEC.
45. Repealing Clause. – This Act
repeals Sections 1, 2, 5 and 7 of
Presidential Decree No. 1866, as
amended, and Section 6 of Republic
Act No. 8294 and all other laws,
executive orders, letters of
instruction, issuances, circulars,
administrative orders, rules or
regulations that are inconsistent
herewith.” Aforementioned sections
were epigraphed as follows:
o P.D. No. 1866, Sec. 1 (as amended
by R.A. No. 8294, Sec. 1):
“Unlawful Manufacture, Sale,
Acquisition, Disposition or
Possession of Firearms or
Ammunition or Instruments Used
PAGE 22 OF 68
CRIMINAL LAW
or Intended to be Used in the
Manufacture of Firearms of
Ammunition.”
o P.D. No. 1866, Sec. 2:
“Presumption of Illegal
Manufacture of Firearms or
Ammunition.”
o P.D. No. 1866, Sec. 5 (as
amended by R.A. No. 8294, Sec.
3): “Tampering of firearm's serial
number.”
o P.D. No. 1866, Sec. 7:
“Unauthorized Issuance of
Authority to Carry Firearm and/or
Ammunition Outside of
Residence.”
o R.A. No. 8294, Sec. 6: “Rules and
regulations” [Delegating the
power to issue rules and
regulations to the Dept. of Justice
and the Dept. of Interior and
Local Gov’t; R.A. No. 10591, Sec.
44 transfers this to the Philippine
National Police]
Subsisting Punishable Acts under P.D.
1866
SEC. 3. Unlawful manufacture, sale,
acquisition, disposition or possession of
explosives. – The penalty of prision mayor in
its maximum period to reclusion temporal
and a fine of not less than Fifty thousand
pesos (P50,000) shall be imposed upon any
person who shall unlawfully manufacture,
assemble, deal in, acquire, dispose or possess
hand grenade(s), rifle grenade(s), and other
explosives, including but not limited to
'pillbox,' 'molotov cocktail bombs,' 'fire
bombs,' or other incendiary devices capable
of producing destructive effect on contiguous
objects or causing injury or death to any
person.
When a person commits any of the crimes
defined in the Revised Penal Code or special
laws with the use of the aforementioned
explosives, detonation agents or incendiary
devices, which results in the death of any
person or persons, the use of such explosives,
detonation agents or incendiary devices shall
be considered as an aggravating
circumstance.
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

If the violation of this section is in furtherance (b) The penalty of reclusion temporal
of, or incident to, or in connection with the to reclusion perpetua shall be
crime of rebellion, insurrection, sedition or imposed if three (3) or more small
attempted coup d'etat, such violation shall be arms or Class-A light weapons are
absorbed as an element of the crimes of unlawfully acquired or possessed by
rebellion, insurrection, sedition or attempted any person;
coup d'etat.
(c) The penalty of prision mayor in its
The same penalty shall be imposed upon the maximum period shall be imposed
owner, president, manager, director or other upon any person who shall unlawfully
responsible officer of any public or private acquire or possess a Class-A light
firm, company, corporation or entity, who weapon;
shall willfully or knowingly allow any of the
explosives owned by such firm, company, (d) The penalty of reclusion perpetua
corporation or entity, to be used by any shall be imposed upon any person
person or persons found guilty of violating who shall, unlawfully acquire or
the provisions of the preceding possess a Class-B light weapon;
paragraphs.(as amended by R.A. No. 8294,
Sec. 2) (e) The penalty of one (1) degree
higher than that provided in
• See “SEC. 4. Presumption of paragraphs (a) to (c) in this section
Unlawful Manufacture. - The shall be imposed upon any person
possession of any machinery, tool or who shall unlawfully possess any
instrument directly used in the firearm under any or combination of
manufacture of explosives, by any the following conditions:
person whose business or
employment does not lawfully deal (1) Loaded with ammunition
with the manufacture of explosives or inserted with a loaded magazine;
shall be prima facie evidence that
such article is intended to be used in (2) Fitted or mounted with
the unlawful/illegal manufacture of laser or any gadget used to
explosives.” guide the shooter to hit the
target such as thermal
SEC. 6.Repacking or altering the composition weapon sight (TWS) and the
of lawfully manufactured explosives. – The like;
penalty of prision correccional shall be
imposed upon any person who shall (3) Fitted or mounted with
unlawfully repack, alter or modify the sniper scopes, firearm muffler
composition of any lawfully manufactured or firearm silencer;
explosives. (as amended by R.A. No. 8294,
Sec. 4) (4) Accompanied with an
extra barrel; and
Punishable Acts under R.A. 10591
(5) Converted to be capable
SEC. 28.Unlawful Acquisition, or Possession of firing full automatic bursts.
of Firearms and Ammunition. – The unlawful
acquisition, possession of firearms and (f) The penalty of prision mayor in its
ammunition shall be penalized as follows: minimum period shall be imposed
upon any person who shall unlawfully
(a) The penalty of prision mayor in its acquire or possess a major part of a
medium period shall be imposed small arm;
upon any person who shall unlawfully
acquire or possess a small arm; (g) The penalty of prision mayor in its
minimum period shall be imposed
PAGE 23 OF 68
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upon any person who shall unlawfully
acquire or possess ammunition for a
small arm or Class-A light weapon. If
the violation of this paragraph is
committed by the same person
charged with the unlawful acquisition
or possession of a small arm, the
former violation shall be absorbed by
the latter;
(h) The penalty of prision mayor in its
medium period shall be imposed
upon any person who shall unlawfully
acquire or possess a major part of a
Class-A light weapon;
(i) The penalty of prision mayor in its
medium period shall be imposed
upon any person who shall unlawfully
acquire or possess ammunition for a
Class-A light weapon. If the violation
of this paragraph is committed by the
same person charged with the
unlawful acquisition or possession of
a Class-A light weapon, the former
violation shall be absorbed by the
latter;
(j) The penalty of prision mayor in its
maximum period shall be imposed
upon any person who shall unlawfully
acquire or possess a major part of a
Class-B light weapon; and
(k) The penalty of prision mayor in its
maximum period shall be imposed
upon any person who shall unlawfully
acquire or possess ammunition for a
Class-B light weapon. If the violation
of this paragraph is committed by the
same person charged with the
unlawful acquisition or possession of
a Class-B light weapon, the former
violation shall be absorbed by the
latter.
• N.B. Please note the following
definitions:
o Ammunition “refers to a complete
unfixed unit consisting of a bullet,
gunpowder, cartridge case and
primer or loaded shell for use in
any firearm.” (SEC. 2(b))
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CRIMINAL LAW
o Firearm “refers to any handheld
or portable weapon, whether a
small arm or light weapon, that
expels or is designed to expel a
bullet, shot, slug, missile or any
projectile, which is discharged by
means of expansive force of gases
from burning gunpowder or other
form of combustion or any similar
instrument or implement. For
purposes of this Act, the barrel,
frame or receiver is considered a
firearm.” (SEC. 2(l))
o Major part or components of a
firearm “refers to the barrel, slide,
frame, receiver, cylinder or the
bolt assembly. The term also
includes any part or kit designed
and intended for use in
converting a semi-automatic
burst to a full automatic firearm.”
(SEC. 2(w))
o Minor parts of a firearm “refers to
the parts of the firearm other
than the major parts which are
necessary to effect and complete
the action of expelling a projectile
by way of combustion, except
those classified as accessories.”
(SEC. 2(x))
o Acquisition is regulated by “SEC.
21. Acquisition or Purchase and
Sale of Firearms and
Ammunition. – Firearms and
ammunition may only be
acquired or purchased from
authorized dealers, importers or
local manufacturers and may be
transferred or sold only from a
licensed citizen or licensed
juridical entity to another licensed
citizen or licensed juridical entity:
Provided, That, during election
periods, the sale and registration
of firearms and ammunition and
the issuance of the corresponding
licenses to citizens shall be
allowed on the condition that the
transport or delivery thereof shall
strictly comply with the
issuances, resolutions, rules and
regulations promulgated by the
Commission on Elections.”
UP LAW BOC SPECIAL PENAL LAWS
SEC. 29.Use of Loose Firearm in the
Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a
crime punishable under the Revised Penal
Code or other special laws, shall be
considered as an aggravating circumstance:
Provided, That if the crime committed with
the use of a loose firearm is penalized by the
law with a maximum penalty which is lower
than that prescribed in the preceding section
for illegal possession of firearm, the penalty
for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime
committed with the use of a loose firearm is
penalized by the law with a maximum
penalty which is equal to that imposed under
the preceding section for illegal possession of
firearms, the penalty of prision mayor in its
minimum period shall be imposed in addition
to the penalty for the crime punishable under
the Revised Penal Code or other special laws
of which he/she is found guilty.
If the violation of this Act is in furtherance of,
or incident to, or in connection with the crime
of rebellion of insurrection, or attempted
coup d’ etat, such violation shall be absorbed
as an element of the crime of rebellion or
insurrection, or attempted coup d’ etat.
If the crime is committed by the person
without using the loose firearm, the violation
of this Act shall be considered as a distinct
and separate offense.
• N.B. Loose firearm “refers to an
unregistered firearm, an obliterated
or altered firearm, firearm which has
been lost or stolen, illegally
manufactured firearms, registered
firearms in the possession of an
individual other than the licensee and
those with revoked licenses in
accordance with the rules and
regulations.” (SEC. 2(v))
• See “SEC. 30. Liability of Juridical
Person. – The penalty of prision
mayor in its minimum to prision
mayor in its medium period shall be
imposed upon the owner, president,
manager, director or other
responsible officer of/any public or
private firm, company, corporation or
PAGE 25 OF 68
CRIMINAL LAW
entity who shall willfully or knowingly
allow any of the firearms owned by
such firm, company, corporation or
entity to be used by any person or
persons found guilty of violating the
provisions of the preceding section
[SEC. 29], or willfully or knowingly
allow any of them to use unregistered
firearm or firearms without any legal
authority to be carried outside of their
residence in the course of their
employment.”
SEC. 31. Absence of Permit to Carry Outside
of Residence. – The penalty of prision
correccional and a fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any
person who is licensed to own a firearm but
who shall carry the registered firearm outside
his/her residence without any legal authority
therefor.
SEC. 32. Unlawful Manufacture, Importation,
Sale or Disposition of Firearms or Ammunition
or Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the
Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion
temporal to reclusion perpetua shall be
imposed upon any person who shall
unlawfully engage in the manufacture,
importation, sale or disposition of a firearm or
ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument
used or intended to be used by the same
person in the manufacture of a firearm,
ammunition, or a major part thereof.
The possession of any machinery, tool or
instrument used directly in the manufacture
of firearms, ammunition, or major parts
thereof by any person whose business,
employment or activity does not lawfully deal
with the possession of such article, shall
be prima facie evidence that such article is
intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or
parts thereof.
The penalty of prision mayor in its minimum
period to prision mayor in its medium period
shall be imposed upon any laborer, worker or
employee of a licensed firearms dealer who
shall unlawfully take, sell or otherwise
UP LAW BOC SPECIAL PENAL LAWS
dispose of parts of firearms or ammunition
which the company manufactures and sells,
and other materials used by the company in
the manufacture or sale of firearms or
ammunition. The buyer or possessor of such
stolen part or material, who is aware that
such part or material was stolen, shall suffer
the same penalty as the laborer, worker or
employee.
If the violation or offense is committed by a
corporation, partnership, association or other
juridical entity, the penalty provided for in
this section shall be imposed upon the
directors, officers, employees or other
officials or persons therein who knowingly
and willingly participated in the unlawful act.
SEC. 33. Arms Smuggling. – The penalty
of reclusion perpetua shall be imposed upon
any person who shall engage or participate in
arms smuggling as defined in this Act.
• N.B. Arms smuggling “refers to the
import, export, acquisition, sale,
delivery, movement or transfer of
firearms, their parts and components
and ammunition, from or across the
territory of one country to that of
another country which has not been
authorized in accordance with
domestic law in either or both
country/countries.” (SEC. 2(d))
SEC. 34. Tampering, Obliteration or
Alteration of Firearms Identification. – The
penalty of prision correccional toprision
mayor in its minimum period shall be
imposed upon any person who shall tamper,
obliterate or alter without authority the
barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker,
model, or serial number of any firearm, or
who shall replace without authority the
barrel, slide, frame, receiver, cylinder, or bolt
assembly, including its individual or peculiar
identifying characteristics essential in
forensic examination of a firearm or light
weapon.
The PNP shall place this information,
including its individual or peculiar identifying
characteristics into the database of
integrated firearms identification system of
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CRIMINAL LAW
the PNP Crime Laboratory for future use and
identification of a particular firearm.
SEC. 35. Use of an Imitation Firearm. – An
imitation firearm used in the commission of a
crime shall be considered a real firearm as
defined in this Act and the person who
committed the crime shall be punished in
accordance with this Act: Provided, That
injuries caused on the occasion of the
conduct of competitions, sports, games, or
any recreation activities involving imitation
firearms shall not be punishable under this
Act.
• N.B. Imitation firearm “refers to a
replica of a firearm, or other device
that is so substantially similar in
coloration and overall appearance to
an existing firearm as to lead a
reasonable person to believe that
such imitation firearm is a real
firearm.” (SEC. 2(q))
SEC. 38. Liability for Planting Evidence. –
The penalty of prision mayor in its maximum
period shall be imposed upon any person
who shall willfully and maliciously insert;
place, and/or attach, directly or indirectly,
through any overt or covert act, any firearm,
or ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of
an innocent individual for the purpose of
implicating or incriminating the person, or
imputing the commission of any violation of
the provisions of this Act to said individual. If
the person found guilty under this paragraph
is a public officer or employee, such person
shall suffer the penalty of reclusion perpetua.
SEC. 40. Failure to Notify Lost or Stolen
Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be
imposed upon any licensed firearm holder
who fails to report to the FEO of the PNP that
the subject firearm has been lost or stolen
within a period of thirty (30) days from the
date of discovery.
Likewise, a fine of Five thousand pesos
(P5,000.00) shall be imposed upon any
person holding a valid firearm license who
changes residence or office address other
than that indicated in the license card and
UP LAW BOC SPECIAL PENAL LAWS
fails within a period of thirty (30) days from
said transfer to notify the FEO of the PNP of
such change of address.
SEC. 41. Illegal Transfer/Registration of
Firearms. – It shall be unlawful to transfer
possession of any firearm to any person who
has not yet obtained or secured the necessary
license or permit thereof.
The penalty of prision correccional shall be
imposed upon any person who shall violate
the provision of the preceding paragraph. In
addition, he/she shall be disqualified to apply
for a license to possess other firearms and all
his/her existing firearms licenses whether for
purposes of commerce or possession, shall be
revoked. If government-issued firearms,
ammunition or major parts of firearms or
light weapons are unlawfully disposed, sold
or transferred by any law enforcement agent
or public officer to private individuals, the
penalty of reclusion temporalshall be
imposed.
Any public officer or employee or any person
who shall facilitate the registration of a
firearm through fraud, deceit,
misrepresentation or submission of falsified
documents shall suffer the penalty of prision
correccional.
b) Human Security Act of 2007 (R.A.
No. 9372)
(i) Punishable acts of terrorism , supra
1.(c)(i)
(ii) W ho are liable, supra 1.(c)(ii)
(iii) Absorption principle in relation to
com plex crim es
SEC. 49. Prosecution Under This Act Shall be
a Bar to Another Prosecution under the
Revised Penal Code or any Special Penal
Laws. - When a person has been prosecuted
under a provision of this Act, upon a valid
complaint or information or other formal
charge sufficient in form and substance to
sustain a conviction and after the accused
had pleaded to the charge, the acquittal of
the accused or the dismissal of the case shall
be a bar to another prosecution for any
offense or felony which is necessarily
included in the offense charged under this
Act.
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CRIMINAL LAW
SEC. 52. Applicability of the Revised Penal
Code. - The provisions of Book I of the Revised
Penal Code shall be applicable to this Act.
4. CRIMES AGAINST PUBLIC
INTEREST
Include:
a) Anti-Money Laundering Act (RA No.
9160 as am ended by RA Nos. 9194,
10167, and 10365)
(i) Punishable acts
SEC. 4. Money Laundering Offense. – Money
laundering is committed by any person who,
knowing that any monetary instrument or
property represents, involves, or relates to the
proceeds of any unlawful activity:
(a) transacts said monetary
instrument or property;
(b) converts, transfers, disposes of,
moves, acquires, possesses or uses
said monetary instrument or
property;
(c) conceals or disguises the true
nature, source, location, disposition,
movement or ownership of or rights
with respect to said monetary
instrument or property;
(d) attempts or conspires to commit
money laundering offenses referred
to in paragraphs (a), (b) or (c);
(e) aids, abets, assists in or counsels
the commission of the money
laundering offenses referred to in
paragraphs (a), (b) or (c) above; and
(f) performs or fails to perform any act
as a result of which he facilitates the
offense of money laundering referred
to in paragraphs (a), (b) or (c) above.
Money laundering is also committed by any
covered person who, knowing that a covered
or suspicious transaction is required under
this Act to be reported to the Anti-Money
Laundering Council (AMLC), fails to do so.
(As am ended by R.A. No. 10365)
UP LAW BOC SPECIAL PENAL LAWS
(ii) Covered transactions
SEC. 3(b). 'Covered transaction' is a
transaction in cash or other equivalent
monetary instrument involving a total
amount in excess of Five hundred thousand
pesos (PHP 500,000.00) within one (1)
banking day. (As am ended by R.A. No.
9194)
(iii) Suspicious transactions
SEC. 3(b-1). 'Suspicious transaction' are
transactions with covered institutions,
regardless of the amounts involved, where
any of the following circumstances exist:
1. there is no underlying legal or trade
obligation, purpose or economic
justification;
2. the client is not properly identified;
3. the amount involved is not
commensurate with the business or
financial capacity of the client;
4. taking into account all known
circumstances, it may be perceived
that the client's transaction is
structured in order to avoid being the
subject of reporting requirements
under the Act;
5. any circumstances relating to the
transaction which is observed to
deviate from the profile of the client
and/or the client's past transactions
with the covered institution;
6. the transactions is in a way related
to an unlawful activity or offense
under this Act that is about to be, is
being or has been committed; or
7. any transactions that is similar or
analogous to any of the foregoing.
(As am ended by R.A. No. 9194)
5. CRIMES RELATIVE TO OPIUM AND
OTHER PROHIBITED DRUGS
a) The Com prehensive Dangerous
Drugs Act of 2002 (RA No. 9165)
PAGE 28 OF 68
CRIMINAL LAW
(i) Punishable acts
SEC. 4.Importation of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals.- .The penalty of life imprisonment
to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless
authorized by law, shall import or bring into
the Philippines any dangerous drug,
regardless of the quantity and purity
involved, including any and all species of
opium poppy or any part thereof or
substances derived therefrom even for floral,
decorative and culinary purposes.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who,
unless authorized by law, shall import any
controlled precursor and essential chemical.
The maximum penalty provided for under this
Section shall be imposed upon any person,
who, unless authorized under this Act, shall
import or bring into the Philippines any
dangerous drug and/or controlled precursor
and essential chemical through the use of a
diplomatic passport, diplomatic facilities or
any other means involving his/her official
status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic
passport shall be confiscated and canceled.
The maximum penalty provided for under this
Section shall be imposed upon any person,
who organizes, manages or acts as a
"financier" of any of the illegal activities
prescribed in this Section.
The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and
a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
SEC. 5.Sale, Trading, Administration,
UP LAW BOC SPECIAL PENAL LAWS
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
- The penalty of life imprisonment to death
and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless
authorized by law, shall sell, trade,
administer, dispense, deliver, give away to
another, distribute dispatch in transit or
transport any dangerous drug, including any
and all species of opium poppy regardless of
the quantity and purity involved, or shall act
as a broker in any of such transactions.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who,
unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to
another, distribute, dispatch in transit or
transport any controlled precursor and
essential chemical, or shall act as a broker in
such transactions.
If the sale, trading, administration,
dispensation, delivery, distribution or
transportation of any dangerous drug and/or
controlled precursor and essential chemical
transpires within one hundred (100) meters
from the school, the maximum penalty shall
be imposed in every case.
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers
and messengers, or in any other capacity
directly connected to the dangerous drugs
and/or controlled precursors and essential
chemical trade, the maximum penalty shall
be imposed in every case.
If the victim of the offense is a minor or a
mentally incapacitated individual, or should a
dangerous drug and/or a controlled
precursor and essential chemical involved in
any offense herein provided be the proximate
cause of death of a victim thereof, the
maximum penalty provided for under this
Section shall be imposed.
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CRIMINAL LAW
The maximum penalty provided for under this
Section shall be imposed upon any person
who organizes, manages or acts as a
"financier" of any of the illegal activities
prescribed in this Section.
The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and
a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
SEC. 6.Maintenance of a Den, Dive or Resort.
- The penalty of life imprisonment to death
and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be
imposed upon any person or group of persons
who shall maintain a den, dive or resort
where any dangerous drug is used or sold in
any form.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person or group of
persons who shall maintain a den, dive, or
resort where any controlled precursor and
essential chemical is used or sold in any form.
The maximum penalty provided for under this
Section shall be imposed in every case where
any dangerous drug is administered,
delivered or sold to a minor who is allowed to
use the same in such a place.
Should any dangerous drug be the proximate
cause of the death of a person using the
same in such den, dive or resort, the penalty
of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos
(P500,000.00) shall be imposed on the
maintainer, owner and/or operator.
If such den, dive or resort is owned by a third
person, the same shall be confiscated and
escheated in favor of the government:
Provided, That the criminal complaint shall
specifically allege that such place is
UP LAW BOC SPECIAL PENAL LAWS
intentionally used in the furtherance of the
crime: Provided, further, That the prosecution
shall prove such intent on the part of the
owner to use the property for such purpose:
Provided, finally, That the owner shall be
included as an accused in the criminal
complaint.
The maximum penalty provided for under this
Section shall be imposed upon any person
who organizes, manages or acts as a
"financier" of any of the illegal activities
prescribed in this Section.
The penalty twelve (12) years and one (1) day
to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
SEC. 7.Employees and Visitors of a Den, Dive
or Resort. - The penalty of imprisonment
ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos
(P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or
resort, who is aware of the nature of
the place as such; and
(b) Any person who, not being
included in the provisions of the next
preceding, paragraph, is aware of the
nature of the place as such and shall
knowingly visit the same
SEC. 8.Manufacture of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment
to death and a fine ranging Five hundred
thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless
authorized by law, shall engage in the
manufacture of any dangerous drug.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One
PAGE 30 OF 68
CRIMINAL LAW
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who,
unless authorized by law, shall manufacture
any controlled precursor and essential
chemical.
The presence of any controlled precursor and
essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie
proof of manufacture of any dangerous drug.
It shall be considered an aggravating
circumstance if the clandestine laboratory is
undertaken or established under the
following circumstances:
(a) Any phase of the manufacturing
process was conducted in the
presence or with the help of minor/s:
(b) Any phase or manufacturing
process was established or
undertaken within one hundred (100)
meters of a residential, business,
church or school premises;
(c) Any clandestine laboratory was
secured or protected with booby
traps;
(d) Any clandestine laboratory was
concealed with legitimate business
operations; or
(e) Any employment of a practitioner,
chemical engineer, public official or
foreigner.
The maximum penalty provided for under this
Section shall be imposed upon any person,
who organizes, manages or acts as a
"financier" of any of the illegal activities
prescribed in this Section.
The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and
a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
SEC. 9.Illegal Chemical Diversion of
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

Controlled Precursors and Essential Chemicals. (P10,000,000.00) shall be imposed upon any
- The penalty of imprisonment ranging from person, who, unless authorized by law, shall
twelve (12) years and one (1) day to twenty possess any dangerous drug in the following
(20) years and a fine ranging from One quantities, regardless of the degree of purity
hundred thousand pesos (P100,000.00) to thereof:
Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who, (1) 10 grams or more of opium;
unless authorized by law, shall illegally divert
any controlled precursor and essential (2) 10 grams or more of morphine;
chemical.
(3) 10 grams or more of heroin;
SEC. 10.Manufacture or Delivery of
Equipment, Instrument, Apparatus, and Other (4) 10 grams or more of cocaine or
Paraphernalia for Dangerous Drugs and/or cocaine hydrochloride;
Controlled Precursors and Essential Chemicals.
- The penalty of imprisonment ranging from (5) 50 grams or more of
twelve (12) years and one (1) day to twenty methamphetamine hydrochloride or
(20) years and a fine ranging from One "shabu";
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) (6) 10 grams or more of marijuana
shall be imposed upon any person who shall resin or marijuana resin oil;
deliver, possess with intent to deliver, or
manufacture with intent to deliver (7) 500 grams or more of marijuana;
equipment, instrument, apparatus and other and
paraphernalia for dangerous drugs, knowing,
or under circumstances where one reasonably (8) 10 grams or more of other
should know, that it will be used to plant, dangerous drugs such as, but not
propagate, cultivate, grow, harvest, limited to,
manufacture, compound, convert, produce, methylenedioxymethamphetamine
process, prepare, test, analyze, pack, repack, (MDA) or "ecstasy",
store, contain or conceal any dangerous drug paramethoxyamphetamine (PMA),
and/or controlled precursor and essential trimethoxyamphetamine (TMA),
chemical in violation of this Act. lysergic acid diethylamine (LSD),
gamma hydroxyamphetamine (GHB),
The penalty of imprisonment ranging from six and those similarly designed or newly
(6) months and one (1) day to four (4) years introduced drugs and their
and a fine ranging from Ten thousand pesos derivatives, without having any
(P10,000.00) to Fifty thousand pesos therapeutic value or if the quantity
(P50,000.00) shall be imposed if it will be possessed is far beyond therapeutic
used to inject, ingest, inhale or otherwise requirements, as determined and
introduce into the human body a dangerous promulgated by the Board in
drug in violation of this Act. accordance to Section 93, Article XI of
this Act.
The maximum penalty provided for under this
Section shall be imposed upon any person, Otherwise, if the quantity involved is less than
who uses a minor or a mentally incapacitated the foregoing quantities, the penalties shall
individual to deliver such equipment, be graduated as follows:
instrument, apparatus and other
paraphernalia for dangerous drugs. (1) Life imprisonment and a fine
ranging from Four hundred thousand
SEC. 11.Possession of Dangerous Drugs. - pesos (P400,000.00) to Five
The penalty of life imprisonment to death and hundred thousand pesos
a fine ranging from Five hundred thousand (P500,000.00), if the quantity of
pesos (P500,000.00) to Ten million pesos methamphetamine hydrochloride or
PAGE 31 OF 68
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"shabu" is ten (10) grams or more but
less than fifty (50) grams;
(2) Imprisonment of twenty (20) years
and one (1) day to life imprisonment
and a fine ranging from Four hundred
thousand pesos (P400,000.00) to
Five hundred thousand pesos
(P500,000.00), if the quantities of
dangerous drugs are five (5) grams or
more but less than ten (10) grams of
opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana
resin or marijuana resin oil,
methamphetamine hydrochloride or
"shabu", or other dangerous drugs
such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly
introduced drugs and their
derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or three hundred (300)
grams or more but less than five
(hundred) 500) grams of marijuana;
and
(3) Imprisonment of twelve (12) years
and one (1) day to twenty (20) years
and a fine ranging from Three
hundred thousand pesos
(P300,000.00) to Four hundred
thousand pesos (P400,000.00), if
the quantities of dangerous drugs are
less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or
marijuana resin oil,
methamphetamine hydrochloride or
"shabu", or other dangerous drugs
such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly
introduced drugs and their
derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or less than three
hundred (300) grams of marijuana.
SEC. 12.Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. - The
PAGE 32 OF 68
CRIMINAL LAW
penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any
person, who, unless authorized by law, shall
possess or have under his/her control any
equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking,
consuming, administering, injecting,
ingesting, or introducing any dangerous drug
into the body: Provided, That in the case of
medical practitioners and various
professionals who are required to carry such
equipment, instrument, apparatus and other
paraphernalia in the practice of their
profession, the Board shall prescribe the
necessary implementing guidelines thereof.
The possession of such equipment,
instrument, apparatus and other
paraphernalia fit or intended for any of the
purposes enumerated in the preceding
paragraph shall be prima facie evidence that
the possessor has smoked, consumed,
administered to himself/herself, injected,
ingested or used a dangerous drug and shall
be presumed to have violated Section 15 of
this Act.
SEC. 13.Possession of Dangerous Drugs
During Parties, Social Gatherings or Meetings.
– Any person found possessing any
dangerous drug during a party, or at a social
gathering or meeting, or in the proximate
company of at least two (2) persons, shall
suffer the maximum penalties provided for in
Section 11 of this Act, regardless of the
quantity and purity of such dangerous drugs.
SEC. 14.Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings. - The
maximum penalty provided for in Section 12
of this Act shall be imposed upon any person,
who shall possess or have under his/her
control any equipment, instrument,
apparatus and other paraphernalia fit or
intended for smoking, consuming,
administering, injecting, ingesting, or
introducing any dangerous drug into the
body, during parties, social gatherings or
meetings, or in the proximate company of at
UP LAW BOC SPECIAL PENAL LAWS
least two (2) persons.
SEC. 15.Use of Dangerous Drugs. – A person
apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty
of a minimum of six (6) months rehabilitation
in a government center for the first offense,
subject to the provisions of Article VIII of this
Act. If apprehended using any dangerous
drug for the second time, he/she shall suffer
the penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years
and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this
Section shall not be applicable where the
person tested is also found to have in his/her
possession such quantity of any dangerous
drug provided for under Section 11 of this Act,
in which case the provisions stated therein
shall apply.
SEC. 16.Cultivation or Culture of Plants
Classified as Dangerous Drugs or are Sources
Thereof. - The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be
imposed upon any person, who shall plant,
cultivate or culture marijuana, opium poppy
or any other plant regardless of quantity,
which is or may hereafter be classified as a
dangerous drug or as a source from which
any dangerous drug may be manufactured or
derived: Provided, That in the case of medical
laboratories and medical research centers
which cultivate or culture marijuana, opium
poppy and other plants, or materials of such
dangerous drugs for medical experiments
and research purposes, or for the creation of
new types of medicine, the Board shall
prescribe the necessary implementing
guidelines for the proper cultivation, culture,
handling, experimentation and disposal of
such plants and materials.
The land or portions thereof and/or
greenhouses on which any of said plants is
cultivated or cultured shall be confiscated
and escheated in favor of the State, unless
the owner thereof can prove lack of
knowledge of such cultivation or culture
despite the exercise of due diligence on
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his/her part. If the land involved is part of the
public domain, the maximum penalty
provided for under this Section shall be
imposed upon the offender.
The maximum penalty provided for under this
Section shall be imposed upon any person,
who organizes, manages or acts as a
"financier" of any of the illegal activities
prescribed in this Section.
The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and
a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
SEC. 17.Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment
ranging from one (1) year and one (1) day to
six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be
imposed upon any practitioner,
manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or
fails to comply with the maintenance and
keeping of the original records of transactions
on any dangerous drug and/or controlled
precursor and essential chemical in
accordance with Section 40 of this Act.
An additional penalty shall be imposed
through the revocation of the license to
practice his/her profession, in case of a
practitioner, or of the business, in case of a
manufacturer, seller, importer, distributor,
dealer or retailer.
SEC. 18.Unnecessary Prescription of
Dangerous Drugs. – The penalty of
imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand
pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to
practice shall be imposed upon the
practitioner, who shall prescribe any
UP LAW BOC SPECIAL PENAL LAWS
dangerous drug to any person whose physical
or physiological condition does not require
the use or in the dosage prescribed therein,
as determined by the Board in consultation
with recognized competent experts who are
authorized representatives of professional
organizations of practitioners, particularly
those who are involved in the care of persons
with severe pain.
SEC. 19.Unlawful Prescription of Dangerous
Drugs. – The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless
authorized by law, shall make or issue a
prescription or any other writing purporting
to be a prescription for any dangerous drug.
(ii) W ho are liable
SEC. 3. Definitions. […]
(p) Employee of Den, Dive or Resort. – The
caretaker, helper, watchman, lookout, and
other persons working in the den, dive or
resort, employed by the maintainer, owner
and/or operator where any dangerous drug
and/or controlled precursor and essential
chemical is administered, delivered,
distributed, sold or used, with or without
compensation, in connection with the
operation thereof.
(q) Financier. – Any person who pays for,
raises or supplies money for, or underwrites
any of the illegal activities prescribed under
this Act.
(dd) Practitioner. – Any person who is a
licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or
pharmacist in the Philippines.
(ee) Protector/Coddler. – Any person who
knowingly and willfully consents to the
unlawful acts provided for in this Act and
uses his/her influence, power or position in
shielding, harboring, screening or facilitating
the escape of any person he/she knows, or
has reasonable grounds to believe on or
suspects, has violated the provisions of this
Act in order to prevent the arrest, prosecution
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and conviction of the violator.
• N.B. “SEC. 98. Limited Applicability
of the Revised Penal Code. –
Notwithstanding any law, rule or
regulation to the contrary, the
provisions of the Revised Penal Code
(Act No. 3814), as amended, shall not
apply to the provisions of this Act,
except in the case of minor offenders.
Where the offender is a minor, the
penalty for acts punishable by life
imprisonment to death provided
herein shall be reclusion perpetua to
death.”
(iii) Attem pt or conspiracy; effect on
liability
SEC. 26. Attempt or Conspiracy. – Any
attempt or conspiracy to commit the
following unlawful acts shall be penalized by
the same penalty prescribed for the
commission of the same as provided under
this Act:
(a) Importation of any dangerous
drug and/or controlled precursor and
essential chemical;
(b) Sale, trading, administration,
dispensation, delivery, distribution
and transportation of any dangerous
drug and/or controlled precursor and
essential chemical;
(c) Maintenance of a den, dive or
resort where any dangerous drug is
used in any form;
(d) Manufacture of any dangerous
drug and/or controlled precursor and
essential chemical; and
(e) Cultivation or culture of plants
which are sources of dangerous
drugs.
(iv) Im m unity from prosecution and
punishm ent
SEC. 33. Immunity from Prosecution and
Punishment. – Notwithstanding the
provisions of Section 17, Rule 119 of the
UP LAW BOC SPECIAL PENAL LAWS
Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act
of 1991, any person who has violated Sections
7, 11, 12, 14, 15, and 19, Article II of this Act,
who voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and 16,
Article II of this Act as well as any violation of
the offenses mentioned if committed by a
drug syndicate, or any information leading to
the whereabouts, identities and arrest of all
or any of the members thereof; and who
willingly testifies against such persons as
described above, shall be exempted from
prosecution or punishment for the offense
with reference to which his/her information of
testimony were given, and may plead or
prove the giving of such information and
testimony in bar of such
prosecution: Provided, That the following
conditions concur:
(1) The information and testimony are
necessary for the conviction of the
persons described above;
(2) Such information and testimony
are not yet in the possession of the
State;
(3) Such information and testimony
can be corroborated on its material
points;
(4) The informant or witness has not
been previously convicted of a crime
involving moral turpitude, except
when there is no other direct evidence
available for the State other than the
information and testimony of said
informant or witness; and
(5) The informant or witness shall
strictly and faithfully comply without
delay, any condition or undertaking,
reduced into writing, lawfully
imposed by the State as further
consideration for the grant of
immunity from prosecution and
punishment.
Provided, further, That this immunity may be
enjoyed by such informant or witness who
does not appear to be most guilty for the
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offense with reference to which his/her
information or testimony were
given: Provided, finally, That there is no direct
evidence available for the State except for the
information and testimony of the said
informant or witness.
SEC. 34. Termination of the Grant of
Immunity. – The immunity granted to the
informant or witness, as prescribed in Section
33 of this Act, shall not attach should it turn
out subsequently that the information and/or
testimony is false, malicious or made only for
the purpose of harassing, molesting or in any
way prejudicing the persons described in the
preceding Section against whom such
information or testimony is directed against.
In such case, the informant or witness shall
be subject to prosecution and the enjoyment
of all rights and benefits previously accorded
him under this Act or any other law, decree or
order shall be deemed terminated.
In case an informant or witness under this Act
fails or refuses to testify without just cause,
and when lawfully obliged to do so, or should
he/she violate any condition accompanying
such immunity as provided above, his/her
immunity shall be removed and he/she shall
likewise be subject to contempt and/or
criminal prosecution, as the case may be, and
the enjoyment of all rights and benefits
previously accorded him under this Act or in
any other law, decree or order shall be
deemed terminated.
In case the informant or witness referred to
under this Act falls under the applicability of
this Section hereof, such individual cannot
avail of the provisions under Article VIII of this
Act.
(v) Custody and disposition of
confiscated, seized and/or
surrendered dangerous drugs (Sec. 21,
RA 9165)
SEC. 21. Custody and Disposition of
Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. – The PDEA shall take
charge and have custody of all dangerous
UP LAW BOC SPECIAL PENAL LAWS
drugs, plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or
surrendered, for proper disposition in the
following manner:
(1) The apprehending team having initial
custody and control of the drugs shall,
immediately after seizure and confiscation,
physically inventory and photograph the
same in the presence of the accused or the
person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, a representative
from the media and the Department of
Justice (DOJ), and any elected public official
who shall be required to sign the copies of
the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well
as instruments/paraphernalia and/or
laboratory equipment, the same shall be
submitted to the PDEA Forensic Laboratory
for a qualitative and quantitative
examination;
(3) A certification of the forensic laboratory
examination results, which shall be done
under oath by the forensic laboratory
examiner, shall be issued within twenty-four
(24) hours after the receipt of the subject
item/s: Provided, That when the volume of
the dangerous drugs, plant sources of
dangerous drugs, and controlled precursors
and essential chemicals does not allow the
completion of testing within the time frame, a
partial laboratory examination report shall be
provisionally issued stating therein the
quantities of dangerous drugs still to be
examined by the forensic
laboratory: Provided, however, That a final
certification shall be issued on the completed
forensic laboratory examination on the same
within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the
Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the
confiscated, seized and/or surrendered
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dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and
essential chemicals, including the
instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall
within twenty-four (24) hours thereafter
proceed with the destruction or burning of
the same, in the presence of the accused or
the person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, a representative
from the media and the DOJ, civil society
groups and any elected public official. The
Board shall draw up the guidelines on the
manner of proper disposition and destruction
of such item/s which shall be borne by the
offender: Provided, That those item/s of
lawful commerce, as determined by the
Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a
representative sample, duly weighed and
recorded is retained;
(5) The Board shall then issue a sworn
certification as to the fact of destruction or
burning of the subject item/s which, together
with the representative sample/s in the
custody of the PDEA, shall be submitted to
the court having jurisdiction over the case. In
all instances, the representative sample/s
shall be kept to a minimum quantity as
determined by the Board;
(6) The alleged offender or his/her
representative or counsel shall be allowed to
personally observe all of the above
proceedings and his/her presence shall not
constitute an admission of guilt. In case the
said offender or accused refuses or fails to
appoint a representative after due notice in
writing to the accused or his/her counsel
within seventy-two (72) hours before the
actual burning or destruction of the evidence
in question, the Secretary of Justice shall
appoint a member of the public attorney's
office to represent the former;
(7) After the promulgation and judgment in
the criminal case wherein the representative
sample/s was presented as evidence in court,
the trial prosecutor shall inform the Board of
the final termination of the case and, in turn,
shall request the court for leave to turn over
the said representative sample/s to the PDEA
UP LAW BOC SPECIAL PENAL LAWS
for proper disposition and destruction within
twenty-four (24) hours from receipt of the
same; and
(8) Transitory Provision: a) Within twenty-four
(24) hours from the effectivity of this Act,
dangerous drugs defined herein which are
presently in possession of law enforcement
agencies shall, with leave of court, be burned
or destroyed, in the presence of
representatives of the Court, DOJ,
Department of Health (DOH) and the
accused/and or his/her counsel, and, b)
Pending the organization of the PDEA, the
custody, disposition, and burning or
destruction of seized/surrendered dangerous
drugs provided under this Section shall be
implemented by the DOH.
b) Implementing Rules and
Regulations (IRR) of R.A. No. 9165
SEC. 3. Definitions. […]
(p) Den, Dive or Resort — a place where any
dangerous drug and/or controlled precursor
and essential chemical is administered,
delivered, stored for illegal purposes,
distributed, sold or used in any form
(t) Drug Syndicate — any organized group of
two (2) or more persons forming or joining
together with the intention of committing any
offense prescribed under the Act
(w) Illegal Trafficking — the illegal
cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading,
transportation, distribution, importation,
exportation and possession of any dangerous
drug and/or controlled precursor and
essential chemical
(ii) Person — any entity, natural or juridical,
including among others, a corporation,
partnership, trust or estate, joint stock
company, association, syndicate; joint
venture or other unincorporated organization
or group capable of acquiring rights or
entering into obligations
6. CRIMES AGAINST PUBLIC MORALS
Include:
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CRIMINAL LAW
a) PD 1602 – Anti-Gambling Act as
am ended by (R.A. 9287) – Illegal
num bers game – which repealed Arts
195-199 of the RPC
(i) Punishable acts
Punishable Acts under R.A. No. 9287
SEC. 3. Punishable Acts. - Any person who
participates in any illegal numbers game
shall suffer the following penalties:
a) The penalty of imprisonment from
thirty (30) days to ninety (90) days, if
such person acts as a bettor;
b) The penalty of imprisonment from
six (6) years and one (1) day to eight
(8) years, if such person acts as a
personnel or staff of an illegal
numbers game operation;
The same penalty shall likewise be
imposed to any person who allows his
vehicle, house, building or land to be
used in the operation of the illegal
numbers games.
c) The penalty of imprisonment from
eight (8) years and one (1) day to ten
(10) years, if such person acts as a
collector or agent;
d) The penalty of imprisonment from
ten (10) years and one (1) day to
twelve (12) years, if such person acts
as a coordinator, controller or
supervisor;
e) The penalty of imprisonment from
twelve (12) years and one (1) day to
ten (10) fourteen (14) years, if such
person acts as a maintainer, manager
or operator; and
f) The penalty of imprisonment from
fourteen (14) years and one (1) day to
sixteen (16) years, if such person acts
as a financier or capitalist;
g) The penalty of imprisonment from
sixteen (16) years and one (1) day to
twenty (20) years, if such person acts
as protector or coddler.
UP LAW BOC SPECIAL PENAL LAWS
SEC. 2.Definition of Terms. - As used in this
Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form
illegal gambling activity which uses
numbers or combinations thereof as
factors in giving out jackpots.
b) Jueteng. - An illegal numbers game
that involves the combination of
thirty-seven (37) numbers against
thirty-seven (37) numbers from
number one (1) to thirty seven (37) or
the combination of thirty-eight (38)
numbers in some areas, serving as a
form of local lottery where bets are
placed and accepted per
combination, and its variants.
c) Masiao. - An illegal numbers game
where the winning combination is
derived from the results of the last
game of Jai Alai or the Special Llave
portion or any result thereof based on
any fictitious Jai Alai game consisting
of ten (10) players pitted against one
another, and its variants.
d) Last Two. - An illegal numbers
game where the winning combination
is derived from the last two (2)
numbers of the first prize of the
winning Sweepstakes ticket which
comes out during the weekly draw of
the Philippine Charity Sweepstakes
Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or
variants thereof). - Any person who
places bets for himself/herself or in
behalf of another person, or any
person, other than the personnel or
staff of any illegal numbers game
operation.
f) Personnel or Staff of Illegal Numbers
Game Operation. - Any person, who
acts in the interest of the maintainer,
manager or operator, such as, but not
limited to, an accountant, cashier,
checker, guard, runner, table
manager, usher, watcher, or any
other personnel performing such
PAGE 38 OF 68
CRIMINAL LAW
similar functions in a building
structure, vessel, vehicle, or any other
place where an illegal numbers game
is operated or conducted.
g) Collector or Agent ("Cabo",
"Cobrador", "Coriador" or variants
thereof). - Any person who collects,
solicits or produces bets in behalf of
his/her principal for any illegal
numbers game who is usually in
possession of gambling
paraphernalia.
h) Coordinator, Controller or
Supervisor ("Encargado" or variants
thereof). - Any person who exercises
control and supervision over the
collector or agent.
i) Maintainer, Manager or Operator. -
Any person who maintains, manages
or operates any illegal number game
in a specific area from whom the
coordinator, controller or supervisor,
and collector or agent take orders.
j) Financiers or Capitalist. - Any person
who finances the operations of any
illegal numbers game.
k) Protector or Coddler. - Any person
who lends or provides protection, or
receives benefits in any manner in the
operation of any illegal numbers
game.
Subsisting punishable acts under P.D.
1602
• N.B.Under R.A. No. 9287, “SEC.
14. Amendatory Clause. - The
pertinent provisions of Presidential
Decree No. 1602, in so far as they are
inconsistent herewith, are hereby
expressly amended or modified
accordingly.”
SEC. 1. Penalties. The following penalties
are hereby imposed:
(a) The penalty of prison correccional in its
medium period of a fine ranging from one
thousand to six thousand pesos, and in case
UP LAW BOC SPECIAL PENAL LAWS
of recidivism, the penalty of prision mayor in
its medium period or a fine ranging from five
thousand to ten thousand pesos shall be
imposed upon:
1. Any person other than those
referred to in the succeeding sub-
sections who in any manner, shall
directly or indirectly take part in any
illegal or unauthorized activities or
games of cockfighting, jueteng, jai
alai or horse racing to include bookie
operations and game fixing,
numbers, bingo and other forms of
lotteries; cara y cruz, pompiang and
the like; 7-11 and any game using
dice; black jack, lucky nine, poker and
its derivatives, monte, baccarat,
cuajao, pangguingue and other card
games; paik que, high and low,
mahjong, domino and other games
using plastic tiles and the likes; slot
machines, roulette, pinball and other
mechanical contraptions and devices;
dog racing, boat racing, car racing
and other forms of races, basketball,
boxing, volleyball, bowling, pingpong
and other forms of individual or team
contests to include game fixing, point
shaving and other machinations;
banking or percentage game, or any
other game scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of value
or representative of value are at stake
or made;
2. Any person who shall knowingly
permit any form of gambling referred
to in the preceding subparagraph to
be carried on in inhabited or
uninhabited place or in any building,
vessel or other means of
transportation owned or controlled by
him. If the place where gambling is
carried on has a reputation of a
gambling place or that prohibited
gambling is frequently carried on
therein, or the place is a public or
government building or barangay
hall, the malfactor shall be punished
by prision correccional in its
maximum period and a fine of six
thousand pesos. […]
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CRIMINAL LAW
• N.B. Under P.D. 1602, higher or
additional penalties are imposed
upon
o “the maintainer or conductor of
the above gambling schemes”
(SEC. 1(b))
o “if the maintainer, conductor or
banker of said gambling schemes
is a government official, or where
such government official is the
player, promoter, referee, umpire,
judge or coach in case of game
fixing, point shaving and
machination.” (SEC. 1(c))
SEC. 1. Penalties. The following penalties
are hereby imposed: […]
(d) The penalty of prision correccional in its
medium period or a fine ranging from four
hundred to two thousand pesos shall be
imposed upon any person who shall,
knowingly and without lawful purpose in any
hour of any day, possess any lottery list,
paper or other matter containing letters,
figures, signs or symbols pertaining to or in
any manner used in the games of jueteng, jai-
alai or horse racing bookies, and similar
games of lotteries and numbers which have
taken place or about to take place.
(e) The penalty of temporary absolute
disqualifications shall be imposed upon any
barangay official who, with knowledge of the
existence of a gambling house or place in his
jurisdiction fails to abate the same or take
action in connection therewith.
(f) The penalty of prision correccional in its
maximum period or a fine ranging from five
hundred pesos to two thousand pesos shall
be imposed upon any security officer, security
guard, watchman, private or house detective
of hotels, villages, buildings, enclosures and
the like which have the reputation of a
gambling place or where gambling activities
are being held.
b) Anti-trafficking in Persons Act of
2003 (RA 9208)
(i) Punishable acts
SEC. 4. Acts of Trafficking in Persons. - It
UP LAW BOC SPECIAL PENAL LAWS
shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer;
harbor, provide, or receive a person
by any means, including those done
under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
(b) To introduce or match for money,
profit, or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a
foreign national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her to
engage in prostitution, pornography,
sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real
or simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in
prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt
bondage;
(d) To undertake or organize tours
and travel plans consisting of tourism
packages or activities for the purpose
of utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
(e) To maintain or hire a person to
engage in prostitution or
pornography;
(f) To adopt or facilitate the adoption
of persons for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
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CRIMINAL LAW
(g) To recruit, hire, adopt, transport or
abduct a person, by means of threat
or use of force, fraud, deceit, violence,
coercion, or intimidation for the
purpose of removal or sale of organs
of said person; and
(h) To recruit, transport or adopt a
child to engage in armed activities in
the Philippines or abroad.
SEC. 5. Acts that Promote Trafficking in
Persons. - The following acts which promote
or facilitate trafficking in persons, shall be
unlawful:
(a) To knowingly lease or sublease,
use or allow to be used any house,
building or establishment for the
purpose of promoting trafficking in
persons;
(b) To produce, print and issue or
distribute unissued, tampered or fake
counseling certificates, registration
stickers and certificates of any
government agency which issues
these certificates and stickers as
proof of compliance with government
regulatory and pre-departure
requirements for the purpose of
promoting trafficking in persons;
(c) To advertise, publish, print,
broadcast or distribute, or cause the
advertisement, publication, printing,
broadcasting or distribution by any
means, including the use of
information technology and the
internet, of any brochure, flyer, or any
propaganda material that promotes
trafficking in persons;
(d) To assist in the conduct of
misrepresentation or fraud for
purposes of facilitating the
acquisition of clearances and
necessary exit documents from
government agencies that are
mandated to provide pre-departure
registration and services for
departing persons for the purpose of
promoting trafficking in persons;
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

(e) To facilitate, assist or help in the
exit and entry of persons from/to the
country at international and local
airports, territorial boundaries and
seaports who are in possession of
unissued, tampered or fraudulent
travel documents for the purpose of
promoting trafficking in persons;
over the trafficked person or when the
offense is committed by a public
officer or employee;
(e) When the trafficked person is
recruited to engage in prostitution
with any member of the military or
law enforcement agencies;

(f) To confiscate, conceal, or destroy (f) When the offender is a member of

the passport, travel documents, or
personal documents or belongings of
trafficked persons in furtherance of
trafficking or to prevent them from
leaving the country or seeking redress
from the government or appropriate
agencies; and
(g) To knowingly benefit from,
financial or otherwise, or make use of,
the labor or services of a person held
to a condition of involuntary
servitude, forced labor, or slavery.
SEC. 6. Qualified Trafficking in Persons. - The
following are considered as qualified
trafficking:
the military or law enforcement
agencies; and
(g) When by reason or on occasion of
the act of trafficking in persons, the
offended party dies, becomes insane,
suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV)
or the Acquired Immune Deficiency
Syndrome (AIDS).
7. CRIMES COMMITTED BY PUBLIC
OFFICERS
Include:
a) Anti-Graft and Corrupt Practices
Act (R.A. No. 3019, as am ended)
(i) Coverage

(a) When the trafficked person is a SEC. 2. Definition of terms. As used in this
child; Act, that term

(b) When the adoption is effected (a) "Government" includes the

through Republic Act No. 8043, national government, the local
otherwise known as the "Inter- governments, the government-owned
Country Adoption Act of 1995" and and government-controlled
said adoption is for the purpose of corporations, and all other
prostitution, pornography, sexual instrumentalities or agencies of the
exploitation, forced labor, slavery, Republic of the Philippines and their
involuntary servitude or debt branches.
bondage;
(b) "Public officer" includes elective
(c) When the crime is committed by a and appointive officials and
syndicate, or in large scale. employees, permanent or temporary,
Trafficking is deemed committed by a whether in the classified or
syndicate if carried out by a group of unclassified or exempt service
three (3) or more persons conspiring receiving compensation, even
or confederating with one another. It nominal, from the government as
is deemed committed in large scale if defined in the preceding
committed against three (3) or more subparagraph.
persons, individually or as a group;
(c) "Receiving any gift" includes the
(d) When the offender is an act of accepting directly or indirectly
ascendant, parent, sibling, guardian a gift from a person other than a
or a person who exercises authority member of the public officer's
PAGE 41 OF 68
UP LAW BOC SPECIAL PENAL LAWS
immediate family, in behalf of himself
or of any member of his family or
relative within the fourth civil degree,
either by consanguinity or affinity,
even on the occasion of a family
celebration or national festivity like
Christmas, if the value of the gift is
under the circumstances manifestly
excessive.
(d) "Person" includes natural and
juridical persons, unless the context
indicates otherwise.
(ii) Punishable acts
SEC. 3. Corrupt practices of public officers. In
addition to acts or omissions of public officers
already penalized by existing law, the
following shall constitute corrupt practices of
any public officer and are hereby declared to
be unlawful:
(a) Persuading, inducing or
influencing another public officer to
perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority
or an offense in connection with the
official duties of the latter, or
allowing himself to be persuaded,
induced, or influenced to commit
such violation or offense.
(b) Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit, for himself or
for any other person, in connection
with any contract or transaction
between the Government and any
other part, wherein the public officer
in his official capacity has to intervene
under the law.
(c) Directly or indirectly requesting or
receiving any gift, present or other
pecuniary or material benefit, for
himself or for another, from any
person for whom the public officer, in
any manner or capacity, has secured
or obtained, or will secure or obtain,
any Government permit or license, in
consideration for the help given or to
PAGE 42 OF 68
CRIMINAL LAW
be given, without prejudice to Section
thirteen of this Act.
(d) Accepting or having any member
of his family accept employment in a
private enterprise which has pending
official business with him during the
pendency thereof or within one year
after its termination.
(e) Causing any undue injury to any
party, including the Government, or
giving any private party any
unwarranted benefits, advantage or
preference in the discharge of his
official administrative or judicial
functions through manifest partiality,
evident bad faith or gross inexcusable
negligence. This provision shall apply
to officers and employees of offices or
government corporations charged
with the grant of licenses or permits
or other concessions.
(f) Neglecting or refusing, after due
demand or request, without sufficient
justification, to act within a
reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from
any person interested in the matter
some pecuniary or material benefit or
advantage, or for the purpose of
favoring his own interest or giving
undue advantage in favor of or
discriminating against any other
interested party.
(g) Entering, on behalf of the
Government, into any contract or
transaction manifestly and grossly
disadvantageous to the same,
whether or not the public officer
profited or will profit thereby.
(h) Director or indirectly having
financing or pecuniary interest in any
business, contract or transaction in
connection with which he intervenes
or takes part in his official capacity, or
in which he is prohibited by the
Constitution or by any law from
having any interest.
UP LAW BOC SPECIAL PENAL LAWS
(i) Directly or indirectly becoming
interested, for personal gain, or
having a material interest in any
transaction or act requiring the
approval of a board, panel or group of
which he is a member, and which
exercises discretion in such approval,
even if he votes against the same or
does not participate in the action of
the board, committee, panel or
group.
Interest for personal gain shall be
presumed against those public
officers responsible for the approval
of manifestly unlawful, inequitable,
or irregular transaction or acts by the
board, panel or group to which they
belong.
(j) Knowingly approving or granting
any license, permit, privilege or
benefit in favor of any person not
qualified for or not legally entitled to
such license, permit, privilege or
advantage, or of a mere
representative or dummy of one who
is not so qualified or entitled.
(k) Divulging valuable information of
a confidential character, acquired by
his office or by him on account of his
official position to unauthorized
persons, or releasing such
information in advance of its
authorized release date.
The person giving the gift, present,
share, percentage or benefit referred
to in subparagraphs (b) and (c); or
offering or giving to the public officer
the employment mentioned in
subparagraph (d); or urging the
divulging or untimely release of the
confidential information referred to in
subparagraph (k) of this section shall,
together with the offending public
officer, be punished under Section
nine of this Act and shall be
permanently or temporarily
disqualified in the discretion of the
Court, from transacting business in
any form with the Government.
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SEC. 4. Prohibition on private individuals. (a)
It shall be unlawful for any person having
family or close personal relation with any
public official to capitalize or exploit or take
advantage of such family or close personal
relation by directly or indirectly requesting or
receiving any present, gift or material or
pecuniary advantage from any other person
having some business, transaction,
application, request or contract with the
government, in which such public official has
to intervene. Family relation shall include the
spouse or relatives by consanguinity or
affinity in the third civil degree. The word
"close personal relation" shall include close
personal friendship, social and fraternal
connections, and professional employment
all giving rise to intimacy which assures free
access to such public officer.
(b) It shall be unlawful for any person
knowingly to induce or cause any public
official to commit any of the offenses defined
in Section 3 hereof.
SEC. 5. Prohibition on certain relatives. It
shall be unlawful for the spouse or for any
relative, by consanguinity or affinity, within
the third civil degree, of the President of the
Philippines, the Vice-President of the
Philippines, the President of the Senate, or
the Speaker of the House of Representatives,
to intervene, directly or indirectly, in any
business, transaction, contract or application
with the Government: Provided, That this
section shall not apply to any person who,
prior to the assumption of office of any of the
above officials to whom he is related, has
been already dealing with the Government
along the same line of business, nor to any
transaction, contract or application already
existing or pending at the time of such
assumption of public office, nor to any
application filed by him the approval of which
is not discretionary on the part of the official
or officials concerned but depends upon
compliance with requisites provided by law,
or rules or regulations issued pursuant to law,
nor to any act lawfully performed in an
official capacity or in the exercise of a
profession.
SEC. 6. Prohibition on Members of
Congress. It shall be unlawful hereafter for
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any Member of the Congress during the term Government of the Republic of the
for which he has been elected, to acquire or Philippines by virtue of an
receive any personal pecuniary interest in any appointment, election or contract.
specific business enterprise which will be
directly and particularly favored or benefited b) Government includes the National
by any law or resolution authored by him Government, and any of its
previously approved or adopted by the subdivisions, agencies or
Congress during the same term. instrumentalities, including
government-owned or -controlled
The provision of this section shall apply to corporations and their subsidiaries.
any other public officer who recommended
the initiation in Congress of the enactment or c) Person includes any natural or
adoption of any law or resolution, and juridical person, unless the context
acquires or receives any such interest during indicates otherwise.
his incumbency.
(ii) Ill-gotten wealth
It shall likewise be unlawful for such member
of Congress or other public officer, who, SEC. 1(d). Ill-gotten wealth means any
having such interest prior to the approval of asset, property, business enterprise or
such law or resolution authored or material possession of any person within the
recommended by him, continues for thirty purview of Section Two (2) hereof, acquired
days after such approval to retain such by him directly or indirectly through
interest. dummies, nominees, agents, subordinates
and/or business associates by any
(iii) Exceptions combination or series of the following means
or similar schemes:
SEC. 14. Exception. Unsolicited gifts or
presents of small or insignificant value 1) Through misappropriation,
offered or given as a mere ordinary token of conversion, misuse, or
gratitude or friendship according to local malversation of public funds or
customs or usage, shall be excepted from the raids on the public treasury;
provisions of this Act. 2) By receiving, directly or indirectly,
any commission, gift, share,
Nothing in this Act shall be interpreted to percentage, kickbacks or any
prejudice or prohibit the practice of any other form of pecuniary benefit
profession, lawful trade or occupation by any from any person and/or entity in
private person or by any public officer who connection with any government
under the law may legitimately practice his contract or project or by reason of
profession, trade or occupation, during his the office or position of the public
incumbency, except where the practice of officer concerned;
such profession, trade or occupation involves 3) By the illegal or fraudulent
conspiracy with any other person or public conveyance or disposition of
official to commit any of the violations assets belonging to the National
penalized in this Act. Government or any of its
subdivisions, agencies or
b) Anti-Plunder Act (R.A. No. 7080, instrumentalities or government-
as am ended) owned or -controlled
(i) Definition of term s corporations and their
subsidiaries;
SEC. 1. Definition of Terms - As used in this 4) By obtaining, receiving or
Act, the term - accepting directly or indirectly
any shares of stock, equity or any
a) Public Officer means any person other form of interest or
holding any public office in the participation including promise of
PAGE 44 OF 68
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future employment in any
business enterprise or
undertaking;
5) By establishing agricultural,
industrial or commercial
monopolies or other
combinations and/or
implementation of decrees and
orders intended to benefit
particular persons or special
interests; or
6) By taking undue advantage of
official position, authority,
relationship, connection or
influence to unjustly enrich
himself or themselves at the
expense and to the damage and
prejudice of the Filipino people
and the Republic of the
Philippines.
(iii) Plunder
SEC. 2.Definition of the Crime of Plunder;
Penalties. - Any public officer who, by himself
or in connivance with members of his family,
relatives by affinity or consanguinity, business
associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten
wealth through a combination or series of
overt criminal acts as described in Section 1
(d) hereof in the aggregate amount or total
value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the
crime of plunder and shall be punished by
reclusion perpetua to death. Any person who
participated with the said public officer in the
commission of an offense contributing to the
crime of plunder shall likewise be punished
for such offense. In the imposition of
penalties, the degree of participation and the
attendance of mitigating and extenuating
circumstances, as provided by the Revised
Penal Code, shall be considered by the court.
The court shall declare any and all ill-gotten
wealth and their interests and other incomes
and assets including the properties and
shares of stocks derived from the deposit or
investment thereof forfeited in favor of the
State.(As am ended by R.A. No. 7659,
sec. 12)
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CRIMINAL LAW
(iv) Series/com bination (See Estrada v.
Sandiganbayan, G.R. No. 148560, November
19, 2001)
(v) Pattern (See Estrada v. Sandiganbayan,
G.R. No. 148560, November 19, 2001)
c) Hum an Security Act of 2007 (R.A.
No. 9372)
(i) Failure to deliver suspect to proper
judicial authority
SEC. 20. Penalty for Failure to Deliver
Suspect to the Proper Judicial Authority within
Three Days. - The penalty of ten (10) years and
one day to twelve (12) years of imprisonment
shall be imposed upon any police or law
enforcement personnel who has
apprehended or arrested, detained and taken
custody of a person charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism and fails to
deliver such charged or suspected person to
the proper judicial authority within the period
of three days.
(ii) Infidelity in the custody of
detained persons
SEC. 44. Infidelity in the Custody of Detained
Persons. - Any public officer who has direct
custody of a detained person or under the
provisions of this Act and who by his
deliberate act, misconduct, or inexcusable
negligence causes or allows the escape of
such detained person shall be guilty of an
offense and shall suffer the penalty of: (a)
twelve (12) years and one day to twenty (20)
years of imprisonment, if the detained person
has already been convicted and sentenced in
a final judgment of a competent court; and
(b) six years and one day to twelve (12) years
of imprisonment, if the detained person has
not been convicted and sentenced in a final
judgment of a competent court.
(iii) False prosecution
SEC. 16. Penalty for Unauthorized or
Malicious Interceptions and/or Recordings. -
Any police or law enforcement personnel
who, not being authorized to do so by the
authorizing division of the Court of Appeals,
tracks down, taps, listens to, intercepts, and
records in whatever manner or form any
UP LAW BOC SPECIAL PENAL LAWS
communication, message, conversation,
discussion, or spoken or written word of a
person charged with or suspected of the
crime of terrorism or the crime of conspiracy
to commit terrorism shall be guilty of an
offense and shall suffer the penalty of ten (10)
years and one day to twelve (12) years of
imprisonment.
In addition to the liability attaching to the
offender for the commission of any other
offense, the penalty of ten (10) years and one
day to twelve (12) years of imprisonment and
the accessory penalty of perpetual absolute
disqualification from public office shall be
imposed upon any police or law enforcement
personnel who maliciously obtained an
authority from the Court of Appeals to track
down, tap, listen to, intercept, and record in
whatever manner or form any
communication, message, conversation,
discussion, or spoken or written words of a
person charged with or suspected of the
crime of terrorism or conspiracy to commit
terrorism: Provided, That notwithstanding
Section 13 of this Act, the party aggrieved by
such authorization shall be allowed access to
the sealed envelope or sealed package and
the contents thereof as evidence for the
prosecution of any police or law enforcement
personnel who maliciously procured said
authorization.
SEC. 36. Penalty for Unauthorized or
Malicious Examination of a Bank or a Financial
Institution. - Any person, police or law
enforcement personnel who examines the
deposits, placements, trust accounts, assets,
or records in a bank or financial institution of:
(1) a person charged with or suspected of the
crime of terrorism or the crime of conspiracy
to commit terrorism; (2) a judicially declared
and outlawed terrorist organization,
association, or group of persons; or (3) a
member of such organization, association, or
group of persons, without being authorized to
do so by the Court of Appeals, shall be guilty
of an offense and shall suffer the penalty of
ten (10) years and one day to twelve (12) years
of imprisonment.
In addition to the liability attaching to the
offender for the commission of any other
offense, the penalty of ten (10) years and one
PAGE 46 OF 68
CRIMINAL LAW
day to twelve (12) years of imprisonment shall
be imposed upon any police or law
enforcement personnel, who maliciously
obtained an authority from the Court of
Appeals to examine the deposits,
placements, trust accounts, assets, or records
in a bank or financial institution of: (1) a
person charged with or suspected of the
crime of terrorism or conspiracy to commit
terrorism; (2) a judicially declared and
outlawed terrorist organization, association,
or group of persons; or (3) a member of such
organization, association, or group of
persons: Provided, That notwithstanding
Section 33 of this Act, the party aggrieved by
such authorization shall upon motion duly
filed be allowed access to the sealed
envelope or sealed package and the contents
thereof as evidence for the prosecution of any
police or law enforcement personnel who
maliciously procured said authorization.
SEC. 50. Damages for Unproven Charge of
Terrorism. - Upon acquittal, any person who is
accused of terrorism shall be entitled to the
payment of damages in the amount of Five
hundred thousand pesos (P500,000.00) for
every day that he or she has been detained or
deprived of liberty or arrested without a
warrant as a result of such an accusation. The
amount of damages shall be automatically
charged against the appropriations of the
police agency or the Anti-Terrorism Council
that brought or sanctioned the filing of the
charges against the accused. It shall also be
released within fifteen (15) days from the date
of the acquittal of the accused. The award of
damages mentioned above shall be without
prejudice to the right of the acquitted
accused to file criminal or administrative
charges against those responsible for
charging him with the case of terrorism.
Any officer, employee, personnel, or person
who delays the release or refuses to release
the amounts awarded to the individual
acquitted of the crime of terrorism as directed
in the paragraph immediately preceding shall
suffer the penalty of six months of
imprisonment.
If the deductions are less than the amounts
due to the detained persons, the amount
needed to complete the compensation shall
be taken from the current appropriations for
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

intelligence, emergency, social or other funds victim's body, forcing

of the Office of the President. her/him to watch
obscene publications and
In the event that the amount cannot be indecent shows or forcing
covered by the current budget of the police or the woman or her child to
law enforcement agency concerned, the do indecent acts and/or
amount shall be automatically included in make films thereof,
the appropriations of the said agency for the forcing the wife and
coming year. mistress/lover to live in
the conjugal home or
8. CRIMES AGAINST PERSONS sleep together in the
Include: same room with the
a) Anti-Violence Against W omen and abuser;
their Children Act of 2004 (R.A. No.
9262) b) acts causing or
attempting to cause the
SEC. 3. Definition of Terms.- As used in this victim to engage in any
Act, sexual activity by force,
threat of force, physical or
(a) "Violence against women and their other harm or threat of
children" refers to any act or a series of acts physical or other harm or
committed by any person against a woman coercion;
who is his wife, former wife, or against a
woman with whom the person has or had a c) Prostituting the woman
sexual or dating relationship, or with whom or child.
he has a common child, or against her child
whether legitimate or illegitimate, within or C. "Psychological violence" refers
without the family abode, which result in or is to acts or omissions causing or
likely to result in physical, sexual, likely to cause mental or
psychological harm or suffering, or economic emotional suffering of the victim
abuse including threats of such acts, battery, such as but not limited to
assault, coercion, harassment or arbitrary intimidation, harassment,
deprivation of liberty. It includes, but is not stalking, damage to property,
limited to, the following acts: public ridicule or humiliation,
repeated verbal abuse and
A. "Physical Violence" refers to mental infidelity. It includes
acts that include bodily or causing or allowing the victim to
physical harm; witness the physical, sexual or
psychological abuse of a member
B. "Sexual violence" refers to an of the family to which the victim
act which is sexual in nature, belongs, or to witness
committed against a woman or pornography in any form or to
her child. It includes, but is not witness abusive injury to pets or
limited to: to unlawful or unwanted
deprivation of the right to custody
a) rape, sexual and/or visitation of common
harassment, acts of children.
lasciviousness, treating a
woman or her child as a D. "Economic abuse" refers to
sex object, making acts that make or attempt to
demeaning and sexually make a woman financially
suggestive remarks, dependent which includes, but is
physically attacking the not limited to the following:
sexual parts of the
PAGE 47 OF 68
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1. withdrawal of financial
support or preventing the
victim from engaging in
any legitimate profession,
occupation, business or
activity, except in cases
wherein the other
spouse/partner objects
on valid, serious and
moral grounds as defined
in Article 73 of the Family
Code;
2. deprivation or threat of
deprivation of financial
resources and the right to
the use and enjoyment of
the conjugal, community
or property owned in
common;
3. destroying household
property;
4. controlling the victims'
own money or properties
or solely controlling the
conjugal money or
properties.
(b) "Battery" refers to an act of inflicting
physical harm upon the woman or her child
resulting to the physical and psychological or
emotional distress. […]
(d) "Stalking" refers to an intentional act
committed by a person who, knowingly and
without lawful justification follows the
woman or her child or places the woman or
her child under surveillance directly or
indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation
wherein the parties live as husband and wife
without the benefit of marriage or are
romantically involved over time and on a
continuing basis during the course of the
relationship. A casual acquaintance or
ordinary socialization between two
individuals in a business or social context is
not a dating relationship.
(f) "Sexual relations" refers to a single sexual
act which may or may not result in the
PAGE 48 OF 68
CRIMINAL LAW
bearing of a common child. […]
(h) "Children" refers to those below eighteen
(18) years of age or older but are incapable of
taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim
and other children under her care.
(i) Punishable Acts
SEC. 5. Acts of Violence Against Women and
Their Children.- The crime of violence against
women and their children is committed
through any of the following acts:
(a) Causing physical harm to the
woman or her child;
(b) Threatening to cause the woman
or her child physical harm;
(c) Attempting to cause the woman or
her child physical harm;
(d) Placing the woman or her child in
fear of imminent physical harm;
(e) Attempting to compel or
compelling the woman or her child to
engage in conduct which the woman
or her child has the right to desist
from or desist from conduct which the
woman or her child has the right to
engage in, or attempting to restrict or
restricting the woman's or her child's
freedom of movement or conduct by
force or threat of force, physical or
other harm or threat of physical or
other harm, or intimidation directed
against the woman or child. This shall
include, but not limited to, the
following acts committed with the
purpose or effect of controlling or
restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or
actually depriving the woman
or her child of custody to
her/his family;
(2) Depriving or threatening
to deprive the woman or her
UP LAW BOC SPECIAL PENAL LAWS
children of financial support
legally due her or her family,
or deliberately providing the
woman's children insufficient
financial support;
(3) Depriving or threatening
to deprive the woman or her
child of a legal right;
(4) Preventing the woman in
engaging in any legitimate
profession, occupation,
business or activity or
controlling the victim's own
mon4ey or properties, or
solely controlling the
conjugal or common money,
or properties;
(f) Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause
the woman or her child to engage in
any sexual activity which does not
constitute rape, by force or threat of
force, physical harm, or through
intimidation directed against the
woman or her child or her/his
immediate family;
(h) Engaging in purposeful, knowing,
or reckless conduct, personally or
through another, that alarms or
causes substantial emotional or
psychological distress to the woman
or her child. This shall include, but
not be limited to, the following acts:
(1) Stalking or following the
woman or her child in public
or private places;
(2) Peering in the window or
lingering outside the
residence of the woman or
her child;
(3) Entering or remaining in
the dwelling or on the
property of the woman or her
PAGE 49 OF 68
CRIMINAL LAW
child against her/his will;
(4) Destroying the property
and personal belongings or
inflicting harm to animals or
pets of the woman or her
child; and
(5) Engaging in any form of
harassment or violence;
(i) Causing mental or emotional
anguish, public ridicule or humiliation
to the woman or her child, including,
but not limited to, repeated verbal
and emotional abuse, and denial of
financial support or custody of minor
children of access to the woman's
child/children.
b) Anti-Child Pornography Act of
2009 (R.A. No. 9775)
(i) Definition of Term s
SEC. 3. Definition of Terms. –
(a) "Child" refers to a person below eighteen
(18) years of age or over, but is unable to fully
take care of himself/herself from abuse,
neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition.
For the purpose of this Act, a child shall also
refer to:
(1) a person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and
(2) computer-generated, digitally or
manually crafted images or graphics
of a person who is represented or who
is made to appear to be a child as
defined herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in
real or simulated explicit sexual activities.
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

(c) "Explicit Sexual Activity" includes actual or of facilitating the commission of sexual
simulated – activity or production of any form of child
pornography.
(1) As to form:
(i) sexual intercourse or (j) "Pandering" refers to the act of offering,
lascivious act including, but advertising, promoting, representing or
not limited to, contact distributing through any means any material
involving genital to genital, or purported material that is intended to
oral to genital, anal to cause another to believe that the material or
genital, or oral to anal, purported material contains any form of child
whether between persons of pornography, regardless of the actual
the same or opposite sex; content of the material or purported material.
(2) bestiality;
(3) masturbation; (k) "Person" refers to any natural or juridical
(4) sadistic or masochistic abuse; entity.
(5) lascivious exhibition of the
genitals, buttocks, breasts, pubic (ii) Unlawful or Punishable Acts
area and/or anus; or
(6) use of any object or instrument for SEC. 4. Unlawful or Prohibited Acts. - It shall
lascivious acts be unlawful for any person:

(d) "Internet address" refers to a website, (a) To hire, employ, use, persuade,
bulletin board service, internet chat room or induce or coerce a child to perform in
news group, or any other internet or shared the creation or production of any form
network protocol address. of child pornography;

(e) "Internet cafe or kiosk" refers to an (b) To produce, direct, manufacture or

establishment that offers or proposes to offer create any form of child pornography;
services to the public for the use of its
computer/s or computer system for the (c) To publish offer, transmit, sell,
purpose of accessing the internet, computer distribute, broadcast, advertise,
games or related services. promote, export or import any form of
child pornography;
(f) "Internet content host" refers to a person
who hosts or who proposes to host internet (d) To possess any form of child
content in the Philippines. pornography with the intent to sell,
distribute, publish, or broadcast:
(g) "Internet service provider (ISP)" refers to a Provided That possession of three (3)
person or entity that supplies or proposes to or more articles of child pornography
supply, an internet carriage service to the of the same form shall be prima facie
public. evidence of the intent to sell,
distribute, publish or broadcast;
(h) "Grooming" refers to the act of preparing
a child or someone who the offender believes (e) To knowingly, willfully and
to be a child for sexual activity or sexual intentionally provide a venue for the
relationship by communicating any form of commission of prohibited acts as, but
child pornography. It includes online not limited to, dens, private rooms,
enticement or enticement through any other cubicles, cinemas, houses or in
means. establishments purporting to be a
legitimate business;
(i) "Luring" refers to the act of
communicating, by means of a computer (f) For film distributors, theaters and
system, with a child or someone who the telecommunication companies, by
offender believes to be a child for the purpose themselves or in cooperation with
PAGE 50 OF 68
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other entities, to distribute any form
of child pornography;
(g) For a parent, legal guardian or
person having custody or control of a
child to knowingly permit the child to
engage, participate or assist in any
form of child pornography;
(h) To engage in the luring or
grooming of a child;
(i) To engage in pandering of any
form of child pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of
child pornography shall be
committed when two (2) or more
persons come to an agreement
concerning the commission of any of
the said prohibited acts and decide to
commit it; and
(l) To possess any form of child
pornography.
SEC. 5. Syndicated Child Pornography - The
crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring
or confederating with one another and shall
be punished under Section 15(a) of this Act.
c) Anti-Hazing Law (R.A. No. 8049)
(i) Hazing
(a) Definition
SEC. 1. Hazing, as used in this Act, is an
initiation rite or practice as a prerequisite for
admission into membership in a fraternity,
sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing
or humiliating situations such as forcing him
to do menial, silly, foolish and other similar
tasks or activities or otherwise subjecting him
to physical or psychological suffering or
injury.
The term "organization" shall include any
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club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army
Training. The physical, mental and
psychological testing and training procedure
and practices to determine and enhance the
physical, mental and psychological fitness of
prospective regular members of the Armed
Forces of the Philippines and the Philippine
National Police as approved ny the Secretary
of National Defense and the National Police
Commission duly recommended by the Chief
of Staff, Armed Forces of the Philippines and
the Director General of the Philippine
National Police shall not be considered as
hazing for the purposes of this Act.
(b) Allowed initiation rites
SEC. 2. No hazing or initiation rites in any
form or manner by a fraternity, sorority or
organization shall be allowed without prior
written notice to the school authorities or
head of organization seven (7) days before
the conduct of such initiation. The written
notice shall indicate the period of the
initiation activities which shall not exceed
three (3) days, shall include the names of
those to be subjected to such activities, and
shall further contain an undertaking that no
physical violence be employed by anybody
during such initiation rites.
SEC. 3. The head of the school or
organization or their representatives must
assign at least two (2) representatives of the
school or organization, as the case may be, to
be present during the initiation. It is the duty
of such representative to see to it that no
physical harm of any kind shall be inflicted
upon a recruit, neophyte or applicant.
(ii) W ho are liable
SEC. 4. If the person subjected to hazing or
other forms of initiation rites suffers any
physical injury or dies as a result thereof, the
officers and members of the fraternity,
sorority or organization who actually
participated in the infliction of physical harm
shall be liable as principals. […]
The owner of the place where hazing is
UP LAW BOC SPECIAL PENAL LAWS
conducted shall be liable as an accomplice,
when he has actual knowledge of the hazing
conducted therein but failed to take any
action to prevent the same from occurring. If
the hazing is held in the home of one of the
officers or members of the fraternity, group,
or organization, the parents shall be held
liable as principals when they have actual
knowledge of the hazing conducted therein
but failed to take any action to prevent the
same from occurring.
The school authorities including faculty
members who consent to the hazing or who
have actual knowledge thereof, but failed to
take any action to prevent the same from
occurring shall be punished as accomplices
for the acts of hazing committed by the
perpetrators.
The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
actually planned the hazing although not
present when the acts constituting the hazing
were committed shall be liable as principals.
A fraternity or sorority's adviser who is
present when the acts constituting the hazing
were committed and failed to take action to
prevent the same from occurring shall be
liable as principal.
The presence of any person during the hazing
is prima facie evidence of participation
therein as principal unless he prevented the
commission of the acts punishable herein.
Any person charged under this provision shall
not be entitled to the mitigating
circumstance that there was no intention to
commit so grave a wrong.
This section shall apply to the president,
manager, director or other responsible officer
of a corporation engaged in hazing as a
requirement for employment in the manner
provided herein.
(iii) Punishable acts
SEC. 4. If the person subjected to hazing or
other forms of initiation rites suffers any
physical injury or dies as a result thereof, the
officers and members of the fraternity,
sorority or organization who actually
participated in the infliction of physical harm
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shall be liable as principals. The person or
persons who participated in the hazing shall
suffer:
1. The penalty of reclusion perpetua
(life imprisonment) if death, rape,
sodomy or mutilation results there
from.
2. The penalty of reclusion temporal
in its maximum period (17 years, 4
months and 1 day to 20 years) if in
consequence of the hazing the victim
shall become insane, imbecile,
impotent or blind.
3. The penalty of reclusion temporal
in its medium period (14 years, 8
months and one day to 17 years and 4
months) if in consequence of the
hazing the victim shall have lost the
use of speech or the power to hear or
to smell, or shall have lost an eye, a
hand, a foot, an arm or a leg or shall
have lost the use of any such member
shall have become incapacitated for
the activity or work in which he was
habitually engaged.
4. The penalty of reclusion temporal
in its minimum period (12 years and
one day to 14 years and 8 months) if
in consequence of the hazing the
victim shall become deformed or
shall have lost any other part of his
body, or shall have lost the use
thereof, or shall have been ill or
incapacitated for the performance on
the activity or work in which he was
habitually engaged for a period of
more than ninety (90) days.
5. The penalty of prison mayor in its
maximum period (10 years and one
day to 12 years) if in consequence of
the hazing the victim shall have been
ill or incapacitated for the
performance on the activity or work in
which he was habitually engaged for
a period of more than thirty (30) days.
6. The penalty of prison mayor in its
medium period (8 years and one day
to 10 years) if in consequence of the
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hazing the victim shall have been ill
or incapacitated for the performance
on the activity or work in which he
was habitually engaged for a period
of ten (10) days or more, or that the
injury sustained shall require medical
assistance for the same period.
7. The penalty of prison mayor in its
minimum period (6 years and one day
to 8 years) if in consequence of the
hazing the victim shall have been ill
or incapacitated for the performance
on the activity or work in which he
was habitually engaged from one (1)
to nine (9) days, or that the injury
sustained shall require medical
assistance for the same period.
8. The penalty of prison correccional
in its maximum period (4 years, 2
months and one day to 6 years) if in
consequence of the hazing the victim
sustained physical injuries which do
not prevent him from engaging in his
habitual activity or work nor require
medical attendance.
The responsible officials of the school or of
the police, military or citizen's army training
organization, may impose the appropriate
administrative sanctions on the person or the
persons charged under this provision even
before their conviction. The maximum
penalty herein provided shall be imposed in
any of the following instances:
(a) when the recruitment is
accompanied by force, violence,
threat, intimidation or deceit on the
person of the recruit who refuses to
join;
(b) when the recruit, neophyte or
applicant initially consents to join but
upon learning that hazing will be
committed on his person, is
prevented from quitting;
(c) when the recruit, neophyte or
applicant having undergone hazing is
prevented from reporting the
unlawful act to his parents or
guardians, to the proper school
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authorities, or to the police
authorities, through force, violence,
threat or intimidation;
(d) when the hazing is committed
outside of the school or institution; or
(e) when the victim is below twelve
(12) years of age at the time of the
hazing. […]
d) Special Protection of Children
Against Child Abuse, Exploitation and
Discrim ination Act (R.A. No. 7610,as
am ended byR.A. 9231)
(i) Coverage
SEC. 3. Definition of Terms. –
(a) "Children" refers to person below eighteen
(18) years of age or those over but are unable
to fully take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment,
whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse,
neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which
debases, degrades or demeans the
intrinsic worth and dignity of a child
as a human being;
(3) Unreasonable deprivation of his
basic needs for survival, such as food
and shelter; or
(4) Failure to immediately give
medical treatment to an injured child
resulting in serious impairment of his
growth and development or in his
permanent incapacity or death.
(c) "Circumstances which gravely threaten or
endanger the survival and normal
development of children" include, but are not
limited to, the following;
(1) Being in a community where there
is armed conflict or being affected by
armed conflict-related activities;
(2) Working under conditions
hazardous to life, safety and normal
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which unduly interfere with their
normal development;
(3) Living in or fending for themselves
in the streets of urban or rural areas
without the care of parents or a
guardian or basic services needed for
a good quality of life;
(4) Being a member of a indigenous
cultural community and/or living
under conditions of extreme poverty
or in an area which is underdeveloped
and/or lacks or has inadequate
access to basic services needed for a
good quality of life;
(5) Being a victim of a man-made or
natural disaster or calamity; or
(6) Circumstances analogous to those
abovestated which endanger the life,
safety or normal development of
children.
(d) "Comprehensive program against child
abuse, exploitation and discrimination" refers
to the coordinated program of services and
facilities to protected children against:
(1) Child Prostitution and other sexual
abuse;
(2) Child trafficking;
(3) Obscene publications and
indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or
endanger the survival and normal
development of children.
(ii) Child prostitution, punishable acts
SEC. 5. Child Prostitution and Other Sexual
Abuse. – Children, whether male or female,
who for money, profit, or any other
consideration or due to the coercion or
influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited
in prostitution and other sexual abuse.
The penalty of reclusion temporal in its
medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote,
facilitate or induce child prostitution
which include, but are not limited to,
the following:
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(1) Acting as a procurer of a
child prostitute;
(2) Inducing a person to be a
client of a child prostitute by
means of written or oral
advertisements or other
similar means;
(3) Taking advantage of
influence or relationship to
procure a child as prostitute;
(4) Threatening or using
violence towards a child to
engage him as a prostitute; or
(5) Giving monetary
consideration goods or other
pecuniary benefit to a child
with intent to engage such
child in prostitution.
(b) Those who commit the act of
sexual intercourse of lascivious
conduct with a child exploited in
prostitution or subject to other sexual
abuse; Provided, That when the
victims is under twelve (12) years of
age, the perpetrators shall be
prosecuted under Article 335,
paragraph 3, for rape and Article 336
of Act No. 3815, as amended, the
Revised Penal Code, for rape or
lascivious conduct, as the case may
be: Provided, That the penalty for
lascivious conduct when the victim is
under twelve (12) years of age shall be
reclusion temporal in its medium
period; and
(c) Those who derive profit or
advantage therefrom, whether as
manager or owner of the
establishment where the prostitution
takes place, or of the sauna, disco,
bar, resort, place of entertainment or
establishment serving as a cover or
which engages in prostitution in
addition to the activity for which the
license has been issued to said
establishment.
SEC. 6. Attempt To Commit Child
Prostitution. – There is an attempt to commit
child prostitution under Section 5, paragraph
(a) hereof when any person who, not being a
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relative of a child, is found alone with the said
child inside the room or cubicle of a house, an
inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle
or any other hidden or secluded area under
circumstances which would lead a
reasonable person to believe that the child is
about to be exploited in prostitution and
other sexual abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services
from a child in a sauna parlor or bath,
massage clinic, health club and other similar
establishments. A penalty lower by two (2)
degrees than that prescribed for the
consummated felony under Section 5 hereof
shall be imposed upon the principals of the
attempt to commit the crime of child
prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
(iii) Child Trafficking, punishable acts
SEC. 7. Child Trafficking. – Any person who
shall engage in trading and dealing with
children including, but not limited to, the act
of buying and selling of a child for money, or
for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be
imposed in its maximum period when the
victim is under twelve (12) years of age.
SEC. 8. Attempt to Commit Child
Trafficking. – There is an attempt to commit
child trafficking under Section 7 of this Act:
(a) When a child travels alone to a
foreign country without valid reason
therefor and without clearance issued
by the Department of Social Welfare
and Development or written permit or
justification from the child's parents
or legal guardian;
(c) When a person, agency,
establishment or child-caring
institution recruits women or couples
to bear children for the purpose of
child trafficking; or
(d) When a doctor, hospital or clinic
official or employee, nurse, midwife,
PAGE 55 OF 68
CRIMINAL LAW
local civil registrar or any other
person simulates birth for the
purpose of child trafficking; or
(e) When a person engages in the act
of finding children among low-
income families, hospitals, clinics,
nurseries, day-care centers, or other
child-during institutions who can be
offered for the purpose of child
trafficking.
A penalty lower two (2) degrees than that
prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the
principals of the attempt to commit child
trafficking under this Act.
e) Juvenile Justice and W elfare Act of
2006 (R.A. No. 9344), as further
am ended by the Act Strengthening
the Juvenile Justice in the Philippines
(R.A. No. 10630). Read in relation
with the Child and Youth W elfare
Code (P.D. 603, as amended)
R.A. No. 9344 (2006), as am ended by
R.A. 10630 (2013), SEC. 4(c).[…]“Child”
refers to a person under the age of eighteen
(18) years.
(i) Punishable Acts
SEC. 20-C. Exploitation of Children for
Commission of Crimes. – Any person who, in
the commission of a crime, makes use, takes
advantage of, or profits from the use of
children, including any person who abuses
his/her authority over the child or who, with
abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,
threaten or instigate the commission of the
crime, shall be imposed the penalty
prescribed by law for the crime committed in
its maximum period.
SEC. 60.Prohibition Against Labeling and
Shaming. – In the conduct of the proceedings
beginning from the initial contact with the
child, the competent authorities must refrain
from branding or labeling children as young
criminals, juvenile delinquents, prostitutes or
attaching to them in any manner any other
derogatory names. Likewise, no
discriminatory remarks and practices shall be
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allowed particularly with respect to the
child’s class or ethnic origin.
SEC. 61.Other Prohibited Acts. – The
following and any other similar acts shall be
considered prejudicial and detrimental to the
psychological, emotional, social, spiritual,
moral and physical health and well-being of
the child in conflict with the law and
therefore, prohibited:
(a) Employment of threats of
whatever kind and nature;
(b) Employment of abusive, coercive
and punitive measures such as
cursing, beating, stripping, and
solitary confinement;
(c) Employment of degrading,
inhuman end cruel forms of
punishment such as shaving the
heads, pouring irritating, corrosive or
harmful substances over the body of
the child in conflict with the law, or
forcing him/her to walk around the
community wearing signs which
embarrass, humiliate, and degrade
his/her personality and dignity; and
(d) Compelling the child to perform
involuntary servitude in any and all
forms under any and all instances.
• N.B. Sections 60 and 61 are punished
under “SEC. 60. Violation of the
Provisions of this Act or Rules or
Regulations in General.”
f) Hum an Security Act of 2007 (R.A.
No. 9372)
(i) Punishable acts of terrorism , supra
1.(c)(i)
(ii) W ho are liable, supra 1.(c)(ii)
9. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
Include:
a) Anti-W ire Tapping Act (R.A. No.
4200)
(i) Punishable Acts
SEC. 1. It shall be unlawful for any person,
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CRIMINAL LAW
not being authorized by all the parties to any
private communication or spoken word, to
tap any wire or cable, or by using any other
device or arrangement, to secretly overhear,
intercept, or record such communication or
spoken word by using a device commonly
known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder,
or however otherwise described.
It shall also be unlawful for any person, be he
a participant or not in the act or acts
penalized in the next preceding sentence, to
knowingly possess any tape record, wire
record, disc record, or any other such record,
or copies thereof, of any communication or
spoken word secured either before or after
the effective date of this Act in the manner
prohibited by this law; or to replay the same
for any other person or persons; or to
communicate the contents thereof, either
verbally or in writing, or to furnish
transcriptions thereof, whether complete or
partial, to any other person: Provided, That
the use of such record or any copies thereof
as evidence in any civil, criminal investigation
or trial of offenses mentioned in section 3
hereof, shall not be covered by this
prohibition.
(ii) Exceptions
SEC. 3. Nothing contained in this Act,
however, shall render it unlawful or
punishable for any peace officer, who is
authorized by a written order of the Court, to
execute any of the acts declared to be
unlawful in the two preceding sections in
cases involving the crimes of treason,
espionage, provoking war and disloyalty in
case of war, piracy, mutiny in the high seas,
rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to
sedition, kidnapping as defined by the
Revised Penal Code, and violations of
Commonwealth Act No. 616, punishing
espionage and other offenses against
national security: Provided, That such written
order shall only be issued or granted upon
written application and the examination
under oath or affirmation of the applicant
and the witnesses he may produce and a
showing: (1) that there are reasonable
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grounds to believe that any of the crimes
enumerated hereinabove has been
committed or is being committed or is about
to be committed: Provided, however, That in
cases involving the offenses of rebellion,
conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to
commit sedition, and inciting to sedition,
such authority shall be granted only upon
prior proof that a rebellion or acts of sedition,
as the case may be, have actually been or are
being committed; (2) that there are
reasonable grounds to believe that evidence
will be obtained essential to the conviction of
any person for, or to the solution of, or to the
prevention of, any of such crimes; and (3) that
there are no other means readily available for
obtaining such evidence.
The order granted or issued shall specify: (1)
the identity of the person or persons whose
communications, conversations, discussions,
or spoken words are to be overheard,
intercepted, or recorded and, in the case of
telegraphic or telephonic communications,
the telegraph line or the telephone number
involved and its location; (2) the identity of
the peace officer authorized to overhear,
intercept, or record the communications,
conversations, discussions, or spoken words;
(3) the offense or offenses committed or
sought to be prevented; and (4) the period of
the authorization. The authorization shall be
effective for the period specified in the order
which shall not exceed sixty (60) days from
the date of issuance of the order, unless
extended or renewed by the court upon being
satisfied that such extension or renewal is in
the public interest.
All recordings made under court
authorization shall, within forty-eight hours
after the expiration of the period fixed in the
order, be deposited with the court in a sealed
envelope or sealed package, and shall be
accompanied by an affidavit of the peace
officer granted such authority stating the
number of recordings made, the dates and
times covered by each recording, the number
of tapes, discs, or records included in the
deposit, and certifying that no duplicates or
copies of the whole or any part thereof have
been made, or if made, that all such
duplicates or copies are included in the
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envelope or package deposited with the
court. The envelope or package so deposited
shall not be opened, or the recordings
replayed, or used in evidence, or their
contents revealed, except upon order of the
court, which shall not be granted except upon
motion, with due notice and opportunity to be
heard to the person or persons whose
conversation or communications have been
recorded.
The court referred to in this section shall be
understood to mean the Court of First
Instance within whose territorial jurisdiction
the acts for which authority is applied for are
to be executed.
b) Human Security Act of 2007 (R.A.
No. 9372)
(i) Surveillance of suspects and
interception and recording of
com m unications
SEC. 7. Surveillance of Suspects and
Interception and Recording of
Communications. -The provisions of Republic
Act No. 4200 (Anti-Wire Tapping Law) to the
contrary notwithstanding, a police or law
enforcement official and the members of his
team may, upon a written order of the Court
of Appeals, listen to, intercept and record,
with the use of any mode, form, kind or type
of electronic or other surveillance equipment
or intercepting and tracking devices, or with
the use of any other suitable ways and means
for that purpose, any communication,
message, conversation, discussion, or spoken
or written words between members of a
judicially declared and outlawed terrorist
organization, association, or group of persons
or of any person charged with or suspected of
the crime of terrorism or conspiracy to
commit terrorism.
Provided, That surveillance, interception and
recording of communications between
lawyers and clients, doctors and patients,
journalists and their sources and confidential
business correspondence shall not be
authorized.
SEC. 8. Formal Application for Judicial
Authorization. - The written order of the
authorizing division of the Court of Appeals to
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track down, tap, listen to, intercept, and
record communications, messages,
conversations, discussions, or spoken or
written words of any person suspected of the
crime of terrorism or the crime of conspiracy
to commit terrorism shall only be granted by
the authorizing division of the Court of
Appeals upon an ex parte written application
of a police or of a law enforcement official
who has been duly authorized in writing by
the Anti-Terrorism Council created in Section
53 of this Act to file such ex parte application,
and upon examination under oath or
affirmation of the applicant and the
witnesses he may produce to establish: (a)
that there is probable cause to believe based
on personal knowledge of facts or
circumstances that the said crime of
terrorism or conspiracy to commit terrorism
has been committed, or is being committed,
or is about to be committed; (b) that there is
probable cause to believe based on personal
knowledge of facts or circumstances that
evidence, which is essential to the conviction
of any charged or suspected person for, or to
the solution or prevention of, any such
crimes, will be obtained; and, (c) that there is
no other effective means readily available for
acquiring such evidence.
(ii) Restriction on travel
SEC. 26. Restriction on Travel. - In cases
where evidence of guilt is not strong, and the
person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to
bail and is granted the same, the court, upon
application by the prosecutor, shall limit the
right of travel of the accused to within the
municipality or city where he resides or where
the case is pending, in the interest of national
security and public safety, consistent with
Article III, Section 6 of the Constitution.
Travel outside of said municipality or city,
without the authorization of the court, shall
be deemed a violation of the terms and
conditions of his bail, which shall then be
forfeited as provided under the Rules of
Court.
He/she may also be placed under house
arrest by order of the court at his or her usual
place of residence.
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While under house arrest, he or she may not
use telephones, cellphones, e-mails,
computers, the internet or other means of
communications with people outside the
residence until otherwise ordered by the
court.
The restrictions abovementioned shall be
terminated upon the acquittal of the accused
or of the dismissal of the case filed against
him or earlier upon the discretion of the court
on motion of the prosecutor or of the
accused.
(iii) Exam ination of Bank deposits and
documents
(a) Judicial Authorization
SEC. 27. Judicial Authorization Required to
Examine Bank Deposits, Accounts, and
Records. - The provisions of Republic Act No.
1405 as amended, to the contrary
notwithstanding, the justices of the Court of
Appeals designated as a special court to
handle anti-terrorism cases after satisfying
themselves of the existence of probable
cause in a hearing called for that purpose
that: (1) a person charged with or suspected
of the crime of terrorism or, conspiracy to
commit terrorism, (2) of a judicially declared
and outlawed terrorist organization,
association, or group of persons; and (3) of a
member of such judicially declared and
outlawed organization, association, or group
of persons, may authorize in writing any
police or law enforcement officer and the
members of his/her team duly authorized in
writing by the anti-terrorism council to: (a)
examine, or cause the examination of, the
deposits, placements, trust accounts, assets
and records in a bank or financial institution;
and (b) gather or cause the gathering of any
relevant information about such deposits,
placements, trust accounts, assets, and
records from a bank or financial institution.
The bank or financial institution concerned,
shall not refuse to allow such examination or
to provide the desired information, when so,
ordered by and served with the written order
of the Court of Appeals.
(b) Application
SEC. 28. Application to Examine Bank
UP LAW BOC SPECIAL PENAL LAWS
Deposits, Accounts, and Records. - The
written order of the Court of Appeals
authorizing the examination of bank
deposits, placements, trust accounts, assets,
and records: (1) of a person charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) of any
judicially declared and outlawed terrorist
organization, association, or group of
persons, or (3) of any member of such
organization, association, or group of persons
in a bank or financial institution, and the
gathering of any relevant information about
the same from said bank or financial
institution, shall only be granted by the
authorizing division of the Court of Appeals
upon an ex parte application to that effect of
a police or of a law enforcement official who
has been duly authorized in writing to file
such ex parte application by the Anti-
Terrorism Council created in Section 53 of
this Act to file such ex parte application, and
upon examination under oath or affirmation
of the applicant and, the witnesses he may
produce to establish the facts that will justify
the need and urgency of examining and
freezing the bank deposits, placements, trust
accounts, assets, and records: (1) of the
person charged with or suspected of the
crime of terrorism or conspiracy to commit
terrorism; (2) of a judicially declared and
outlawed terrorist organization, association
or group of persons; or (3) of any member of
such organization, association, or group of
persons.
(iv) Unauthorized revelation of
classified m aterials
SEC. 46. Penalty for Unauthorized
Revelation of Classified Materials. - The
penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be
imposed upon any person, police or law
enforcement agent, judicial officer or civil
servant who, not being authorized by the
Court of Appeals to do so, reveals in any
manner or form any classified information
under this Act.
c) Anti-Trafficking in Persons Act of
2003 (R.A. No. 9208), supra6.(b)(i)
10. CRIMES AGAINST PROPERTY
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Include:
a) Anti-Fencing Law and its
Implementing Rules and Regulations
(P.D. No. 1612)
(i) Fencing
(a) Definition
SEC. 2. Definition of Terms. The following
terms shall mean as follows:
(a) "Fencing" is the act of any person who,
with intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any
article, item, object or anything of value
which he knows, or should be known to him,
to have been derived from the proceeds of the
crime of robbery or theft.
(b) "Fence" includes any person, firm,
association corporation or partnership or
other organization who/which commits the
act of fencing.
(b) Presum ption of Fencing
SEC. 5. Presumption of Fencing. Mere
possession of any good, article, item, object,
or anything of value which has been the
subject of robbery or thievery shall be prima
facie evidence of fencing.
(ii) Exception
(a) W ith Clearance or Permit to Sell
SEC. 6. Clearance/Permit to Sell/Used
Second Hand Articles. For purposes of this
Act, all stores, establishments or entities
dealing in the buy and sell of any good,
article item, object of anything of value
obtained from an unlicensed dealer or
supplier thereof, shall before offering the
same for sale to the public, secure the
necessary clearance or permit from the
station commander of the Integrated
National Police in the town or city where such
store, establishment or entity is located. The
Chief of Constabulary/Director General,
Integrated National Police shall promulgate
such rules and regulations to carry out the
provisions of this section. Any person who
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fails to secure the clearance or permit
required by this section or who violates any of
the provisions of the rules and regulations
promulgated thereunder shall upon
conviction be punished as a fence.
RULES AND REGULATIONS TO CARRY
OUT THE PROVISIONS OF SECTION 6
OF PRESIDENTIAL DECREE NO. 1612,
KNOW N AS THE ANTI-FENCING LAW .
II. Duty to Procure Clearance or
Permit
1. No person shall sell or offer to sell to the
public any used secondhand article as
defined herein without first securing a
clearance or permit for the purpose from the
proper Station Commander of the Integrated
National Police.
2. If the person seeking the clearance or
permit is a partnership, firm, corporation, or
association or group of individuals, the
clearance or permit shall be obtained by or in
the name of the president, manager or other
responsible officer-in-charge thereof.
3. If a store, firm, corporation, partnership,
association or other establishment or entity
has a branch or subsidiary and the used
secondhand article is acquired by such
branch or subsidiary for sale to the public, the
said branch or subsidiary shall secure the
required clearance or permit.
4. Any goods, article, item, or object or
anything of value acquired from any source
for which no receipt or equivalent document
evidencing the legality of its acquisition could
be presented by the present possessor or
holder thereof, or the covering receipt, or
equivalent document, of which is fake,
falsified or irregularly obtained, shall be
presumed as having been acquired from an
unlicensed dealer or supplier and the
possessor or holder thereof must secure the
required clearance or permit before the same
can be sold or offered for sale to the public.
b) Bouncing Checks Law (B.P. Blg.
22), plus Administrative Circular No.
12-2000 Re: Penalty for Violation of
B.P. 22 and Adm inistrative Circular
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No. 13-2001Re: Clarification of Admin
Circular No. 12-2000; and P.D. No
1689 (Increasing the Penalty for
Certain Forms of Swindling or Estafa)
(i) Punishable Acts
B.P. Blg. 22, SEC. 1. Checks without
sufficient funds. - Any person who makes or
draws and issues any check to apply on
account or for value, knowing at the time of
issue that he does not have sufficient funds in
or credit with the drawee bank for the
payment of such check in full upon its
presentment, which check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit or would have
been dishonored for the same reason had not
the drawer, without any valid reason, ordered
the bank to stop payment, shall be punished
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 the
discretion of the court.
The same penalty shall be imposed upon any
person who, having sufficient funds in or
credit with the drawee bank when he makes
or draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to
cover the full amount of the check if
presented within a period of ninety (90) days
from the date appearing thereon, for which
reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation,
company or entity, the person or persons who
actually signed the check in behalf of such
drawer shall be liable under this Act.
(ii) Evidence of knowledge of
insufficient funds
B.P. Blg. 22, SEC. 2. Evidence of
knowledge of insufficient funds. - The making,
drawing and issuance of a check payment of
which is refused by the drawee because of
insufficient funds in or credit with such bank,
when presented within ninety (90) days from
the date of the check, shall be prima facie
evidence of knowledge of such insufficiency of
UP LAW BOC SPECIAL PENAL LAWS
funds or credit unless such maker or drawer
pays the holder thereof the amount due
thereon, or makes arrangements for payment
in full by the drawee of such check within (5)
banking days after receiving notice that such
check has not been paid by the drawee.
(iii) Preference of im position of fine
ADMINISTRATIVE CIRCULAR NO. 12-
2000 (RE: PENALTY FOR VIOLATION
OF B. P. BLG. 22)
Section 1 of B.P. Blg. 22 (An Act Penalizing
the Making or Drawing and Issuance of a
Check Without Sufficient Funds for Credit and
for Other Purposes) imposes the penalty of
imprisonment of not less than thirty (30) days
but not more than one (1) year or a fine of not
less than but not more than double the
amount of the check, which fine shall in no
case exceed P200,000, or both such fine and
imprisonment at the discretion of the court.
In its decision in Eduardo Vaca, v. Court of
Appeals (G.R. No. 131714, 16 November 1998;
298 SCRA 656, 664) the Supreme Court
(Second Division) per Mr. Justice V. Mendoza,
modified the sentence imposed for violation
of B.P. Blg. 22 by deleting the penalty of
imprisonment and imposing only the penalty
of fine in an amount double the amount of
the check. In justification thereof, the Court
said:
Petitioners are first-time offenders. They are
Filipino entrepreneurs who presumably
contribute to the national economy.
Apparently, they brought this appeal,
believing in all good faith, although
mistakenly that they had not committed a
violation of B.P. Blg. 22. Otherwise, they
could simply have accepted the judgment of
the trial court and applied for probation to
evade a prison term. It would best serve the
ends of criminal justice if in fixing the penalty
within the range of discretion allowed by
Section 1, par. 1, the same philosophy
underlying the Indeterminate Sentence Law
is observed, namely, that of redeeming
valuable human material and preventing
unnecessary deprivation of personal liberty
and economic usefulness with due regard to
the protection of the social order. In this case,
we believe that a fine in an amount equal to
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double the amount of the check involved is an
appropriate penalty to impose on each of the
petitioners.
In the recent case of Rosa Lim v. People of the
Philippines (G. R. No. 130038, 18 September
2000), the Supreme Court en banc, applying
Vaca also deleted the penalty of
imprisonment and sentenced the drawer of
the bounced check to the maximum of the
fine allowed by B.P. Blg. 22, i.e., P200,000,
and concluded that “such would best serve
the ends of criminal justice.”
All courts and judges concerned should
henceforth take note of the foregoing policy
of the Supreme Court on the matter of the
imposition of penalties for violations of B.P.
Blg. 22.
ADMINISTRATIVE CIRCULAR NO. 13-
2001 February 14, 2001
TO: ALL JUDGES
SUBJECT: CLARIFICATION OF
ADMINISTRATIVE CIRCULAR
NO. 12-2000 ON THE
PENALTY FOR VIOLATION
OF BATAS PAMBANSA BLG.
22, OTHERWISE KNOWN AS
THE BOUNCING CHECK
LAW.
The clear tenor and intention
of Administrative Circular No. 12-2000 is not
to remove imprisonment as an alternative
penalty, but to lay down a rule of preference
in the application of the penalties provided
for in B.P. Blg. 22.
The pursuit of this purpose clearly does not
foreclose the possibility of imprisonment for
violations of B.P. Blg. 22. Neither does it
defeat the legislative intent behind the law.
Thus, Administrative Circular No. 12-
2000 establishes a rule of preference in the
application of the penal provisions of B.P. Blg.
22 such that where the circumstances of both
the offense and the offender clearly indicate
good faith or a clear mistake of fact without
taint of negligence, the imposition of a fine
alone should be considered as the more
appropriate penalty. Needless to say, the
determination of whether the circumstances
UP LAW BOC SPECIAL PENAL LAWS
warrant the imposition of a fine alone rests
solely upon the Judge. Should the Judge
decide that imprisonment is the more
appropriate penalty, Administrative Circular
No. 12-2000 ought not be deemed a
hindrance.
It is, therefore, understood that:
1. Administrative Circular 12-2000 does
not remove imprisonment as an
alternative penalty for violations
of B.P. Blg. 22;
2. The Judges concerned may, in the
exercise of sound discretion, and
taking into consideration the peculiar
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
would depreciate the seriousness of
the offense, work violence on the
social order, or otherwise be contrary
to the imperatives of justice;
3. Should only a fine be imposed and
the accused be unable to pay the fine,
there is no legal obstacle to the
application of the Revised Penal
Code provisions on subsidiary
imprisonment.
P.D. No. 1689 (1980) (INCREASING
THE PENALTY FOR CERTAIN FORMS
OF SW INDLING OR ESTAFA)
SEC. 1. Any person or persons who shall
commit estafa or other forms of swindling as
defined in Article 315 and 316 of the Revised
Penal Code, as amended, shall be punished
by life imprisonment to death if the swindling
(estafa) is committed by a syndicate
consisting of five or more persons formed
with the intention of carrying out the unlawful
or illegal act, transaction, enterprise or
scheme, and the defraudation results in the
misappropriation of money contributed by
stockholders, or members of rural banks,
cooperative, “samahang nayon(s)”, or
farmers association, or of funds solicited by
corporations/associations from the general
public.
When not committed by a syndicate as above
defined, the penalty imposable shall be
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reclusion temporal to reclusion perpetua if
the amount of the fraud exceeds 100,000
pesos.
c) Anti-Carnapping Act of 1972 (R.A.
No. 6539), as amended by R.A. No.
7659
(i) Registration
SEC. 5. Registration of sale, transfer,
conveyance, substitution or replacement of a
motor vehicle engine, engine block or
chassis.Every sale, transfer, conveyance,
substitution or replacement of a motor
vehicle engine, engine block or chassis of a
motor vehicle shall be registered with the
Land Transportation Commission. Motor
vehicles assembled and rebuilt or repaired by
replacement with motor vehicle engines,
engine blocks and chassis not registered with
the Land Transportation Commission shall
not be issued certificates of registration and
shall be considered as untaxed imported
motor vehicles or motor vehicles carnapped
or proceeding from illegal sources.
SEC. 6. Original Registration of motor
vehicles. Any person seeking the original
registration of a motor vehicle, whether that
motor vehicle is newly assembled or rebuilt or
acquired from a registered owner, shall
within one week after the completion of the
assembly or rebuilding job or the acquisition
thereof from the registered owner, apply to
the Philippine Constabulary for clearance of
the motor vehicle for registration with the
Land Transportation Commission. The
Philippine Constabulary shall, upon receipt of
the application, verify if the motor vehicle or
its numbered parts are in the list of
carnapped motor vehicles or stolen motor
vehicle parts. If the motor vehicle or any of its
numbered parts is not in that list, the
Philippine Constabulary shall forthwith issue
a certificate of clearance. Upon presentation
of the certificate of clearance from the
Philippine Constabulary and after verification
of the registration of the motor vehicle
engine, engine block and chassis in the
permanent registry of motor vehicle engines,
engine blocks and chassis, the Land
Transportation Commission shall register the
motor vehicle in accordance with existing
laws, rules and regulations.
UP LAW BOC SPECIAL PENAL LAWS
(ii)W ho are liable
(a) Duty of Collector of Custom s
SEC. 7. Duty of Collector of Customs to report
arrival of imported motor vehicle, etc.The
Collector of Customs of a principal port of
entry where an imported motor vehicle,
motor vehicle engine, engine block chassis or
body is unloaded, shall, within seven days
after the arrival of the imported motor vehicle
or any of its parts enumerated herein, make a
report of the shipment to the Land
Transportation Commission, specifying the
make, type and serial numbers, if any, of the
motor vehicle engine, engine block and
chassis or body, and stating the names and
addresses of the owner or consignee thereof.
If the motor vehicle engine, engine block,
chassis or body does not bear any serial
number, the Collector of Customs concerned
shall hold the motor vehicle engine, engine
block, chassis or body until it is numbered by
the Land Transportation Commission.
(b) Duty of im porters, distributors and
sellers
SEC. 8. Duty of importers, distributors and
sellers of motor vehicles to keep record of
stocks. Any person engaged in the
importation, distribution, and buying and
selling of motor vehicles, motor vehicle
engines, engine blocks, chassis or body, shall
keep a permanent record of his stocks,
stating therein their type, make and serial
numbers, and the names and addresses of
the persons from whom they were acquired
and the names and addresses of the persons
to whom they were sold, and shall render an
accurate monthly report of his transactions in
motor vehicles to the Land Transportation
Commission.
SEC. 9. Duty of manufacturers of engine
blocks, chassis or body to cause numbering of
engine blocks, chassis or body manufactured.
Any person engaged in the manufacture of
engine blocks, chassis or body shall cause the
numbering of every engine block, chassis or
body manufactured in a convenient and
conspicuous part thereof which the Land
Transportation Commission may direct for
the purpose of uniformity and identification
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CRIMINAL LAW
of the factory and shall submit to the Land
Transportation Commission a monthly report
of the manufacture and sale of engine blocks,
chassis or body.
(c) Clearance and perm it
SEC. 10. Clearance and permit required for
assembly or rebuilding of motor vehicles. Any
person who shall undertake to assemble or
rebuild or cause the assembly or rebuilding of
a motor vehicle shall first secure a certificate
of clearance from the Philippine
Constabulary: Provided, That no such permit
shall be issued unless the applicant shall
present a statement under oath containing
the type, make and serial numbers of the
engine, chassis and body, if any, and the
complete list of the spare parts of the motor
vehicle to be assembled or rebuilt together
with the names and addresses of the sources
thereof.
In the case of motor vehicle engines to be
mounted on motor boats, motor bancas and
other light water vessels, the applicant shall
secure a permit from the Philippine Coast
Guard, which office shall in turn furnish the
Land Transportation Commission the
pertinent data concerning the motor vehicle
engines including their type, make and serial
numbers.
SEC. 11. Clearance required for shipment of
motor vehicles, motor vehicle engines, engine
blocks, chassis or body. Any person who owns
or operates inter-island shipping or any water
transportation with launches, boats, vessels
or ships shall within seven days submit a
report to the Philippine Constabulary on all
motor vehicle, motor vehicle engines, engine
blocks, chassis or bodies transported by it for
the motor vehicle, motor vehicle engine,
engine block, chassis or body to be loaded on
board the launch, boat vessel or ship.
(iv) Punishable acts
SEC. 12. Defacing or tampering with serial
numbers of motor vehicle engines, engine
blocks and chassis. It shall be unlawful for any
person to deface or otherwise tamper with
the original or registered serial number of
motor vehicle engines, engine blocks and
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

chassis. (i) Punishable acts of terrorism , supra

1.(c)(i)
[cf. SECS. 6-12] SEC. 13. Penal (ii) W ho are liable, supra 1.(c)(ii)
Provisions. Any person who violates any
provisions of this Act shall be punished with e) Anti-Arson Law (P.D. 1613)
imprisonment for not less than two years nor (i) Punishable acts
more than six years and a fine equal in
amount to the acquisition cost of the motor SEC. 1. Arson. Any person who burns or sets
vehicle, motor vehicle engine or any other fire to the property of another shall be
part involved in the violation: Provided, That if punished by Prision Mayor.
the person violating any provision of this Act
is a juridical person, the penalty herein The same penalty shall be imposed when a
provided shall be imposed on its president or person sets fire to his own property under
secretary and/or members of the board of circumstances which expose to danger the
directors or any of its officers and employees life or property of another.
who may have directly participated in the
violation. SEC. 2. Destructive Arson. The penalty of
Reclusion Temporal in its maximum period to
Any government official or employee who Reclusion Perpetua shall be imposed if the
directly commits the unlawful acts defined in property burned is any of the following:
this Act or is guilty of gross negligence of
duty or connives with or permits the 1. Any ammunition factory and
commission of any of the said unlawful act other establishment where
shall, in addition to the penalty prescribed in explosives, inflammable or
the preceding paragraph, be dismissed from combustible materials are stored.
the service with prejudice to his 2. Any archive, museum, whether
reinstatement and with disqualification from public or private, or any edifice
voting or being voted for in any election and devoted to culture, education or
from appointment to any public office. social services.
3. Any church or place of worship or
SEC. 14. Penalty for Carnapping. Any person other building where people
who is found guilty of carnapping, as this usually assemble.
term is defined in Section two of this Act, 4. Any train, airplane or any aircraft,
shall, irrespective of the value of motor vessel or watercraft, or
vehicle taken, be punished by imprisonment conveyance for transportation of
for not less than fourteen years and eight persons or property
months and not more than seventeen years 5. Any building where evidence is
and four months, when the carnapping is kept for use in any legislative,
committed without violence or intimidation of judicial, administrative or other
persons, or force upon things; and by official proceedings.
imprisonment for not less than seventeen 6. Any hospital, hotel, dormitory,
years and four months and not more than lodging house, housing
thirty years, when the carnapping is tenement, shopping center,
committed by means of violence against or public or private market, theater
intimidation of any person, or force upon or movie house or any similar
things; and the penalty of life imprisonment place or building.
to death shall be imposed when the owner, 7. Any building, whether used as a
driver or occupant of the carnapped motor dwelling or not, situated in a
vehicle is killed in the commission of the populated or congested area.
carnapping.
SEC. 3. Other Cases of Arson. The penalty of
d) Hum an Security Act of 2007 (R.A. Reclusion Temporal to Reclusion Perpetua
No. 9372) shall be imposed if the property burned is any
of the following:
PAGE 64 OF 68
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than its actual value at the

1. Any building used as offices of time of the issuance of the
the government or any of its policy.
agencies; 5. If during the lifetime of the
2. Any inhabited house or dwelling; corresponding fire insurance
3. Any industrial establishment, policy more than two fires
shipyard, oil well or mine shaft, have occurred in the same or
platform or tunnel; other premises owned or
4. Any plantation, farm, under the control of the
pastureland, growing crop, grain offender and/or insured.
field, orchard, bamboo grove or 6. If shortly before the fire, a
forest; substantial portion of the
5. Any rice mill, sugar mill, cane mill effects insured and stored in
or mill central; and a building or property had
6. Any railway or bus station, been withdrawn from the
airport, wharf or warehouse. premises except in the
ordinary course of business.
SEC. 7. Conspiracy to commit 7. If a demand for money or
Arson. Conspiracy to commit arson shall be other valuable consideration
punished by Prision Mayor in its minimum was made before the fire in
period. exchange for the desistance
of the offender or for the
• N.B. “SEC. 6. Prima Facie safety of the person or
evidence of Arson. Any of the property of the victim.
following circumstances shall
constitute prima facie evidence of 11. CRIMES AGAINST CHASTITY
arson: Include:
a) Anti-Photo and Video Voyeurism
1. If the fire started Act of 2009 (R.A. No. 9995)
simultaneously in more than (i) Punishable acts
one part of the building or
establishment. SEC. 4. Prohibited Acts. - It is hereby
2. If substantial amount of prohibited and declared unlawful for any
flammable substances or person:
materials are stored within
the building note necessary in (a) To take photo or video coverage of
the business of the offender a person or group of persons
nor for household us. performing sexual act or any similar
3. If gasoline, kerosene, activity or to capture an image of the
petroleum or other private area of a person/s such as the
flammable or combustible naked or undergarment clad genitals,
substances or materials public area, buttocks or female breast
soaked therewith or without the consent of the person/s
containers thereof, or any involved and under circumstances in
mechanical, electrical, which the person/s has/have a
chemical, or electronic reasonable expectation of privacy;
contrivance designed to start
a fire, or ashes or traces of (b) To copy or reproduce, or to cause
any of the foregoing are to be copied or reproduced, such
found in the ruins or premises photo or video or recording of sexual
of the burned building or act or any similar activity with or
property. without consideration;
4. If the building or property is
insured for substantially more (c) To sell or distribute, or cause to be
PAGE 65 OF 68
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sold or distributed, such photo or
video or recording of sexual act,
whether it be the original copy or
reproduction thereof; or
(d) To publish or broadcast, or cause
to be published or broadcast,
whether in print or broadcast media,
or show or exhibit the photo or video
coverage or recordings of such sexual
act or any similar activity through
VCD/DVD, internet, cellular phones
and other similar means or device.
The prohibition under paragraphs (b), (c) and
(d) shall apply notwithstanding that consent
to record or take photo or video coverage of
the same was given by such person/s. Any
person who violates this provision shall be
liable for photo or video voyeurism as defined
herein.
• N.B. SEC.6. Exemption. -
Nothing contained in this Act,
however, shall render it unlawful
or punishable for any peace
officer, who is authorized by a
written order of the court, to use
the record or any copy thereof as
evidence in any civil, criminal
investigation or trial of the crime
of photo or video voyeurism:
Provided, That such written order
shall only be issued or granted
upon written application and the
examination under oath or
affirmation of the applicant and
the witnesses he/she may
produce, and upon showing that
there are reasonable grounds to
believe that photo or video
voyeurism has been committed or
is about to be committed, and
that the evidence to be obtained
is essential to the conviction of
any person for, or to the solution
or prevention of such, crime.
SEC. 3. Definition of Terms. - For purposes of
this Act, the term:
(a) "Broadcast" means to make
public, by any means, a visual image
with the intent that it be viewed by a
PAGE 66 OF 68
CRIMINAL LAW
person or persons.
(b) "Capture" with respect to an
image, means to videotape,
photograph, film, record by any
means, or broadcast.
(c) "Female breast" means any
portion of the female breast.
(d) "Photo or video voyeurism" means
the act of taking photo or video
coverage of a person or group of
persons performing sexual act or any
similar activity or of capturing an
image of the private area of a person
or persons without the latter's
consent, under circumstances in
which such person/s has/have a
reasonable expectation of privacy, or
the act of selling, copying,
reproducing, broadcasting, sharing,
showing or exhibiting the photo or
video coverage or recordings of such
sexual act or similar activity through
VCD/DVD, internet, cellular phones
and similar means or device without
the written consent of the person/s
involved, notwithstanding that
consent to record or take photo or
video coverage of same was given by
such person's.
(e) "Private area of a person" means
the naked or undergarment clad
genitals, public area, buttocks or
female breast of an individual.
(f) "Under circumstances in which a
person has a reasonable expectation
of privacy" means believe that he/she
could disrobe in privacy, without
being concerned that an image or a
private area of the person was being
captured; or circumstances in which a
reasonable person would believe that
a private area of the person would not
be visible to the public, regardless of
whether that person is in a public or
private place.
b) Special Protection of Children
Against Child Abuse, Exploitation and
UP LAW BOC SPECIAL PENAL LAWS
Discrim ination Act (R.A. No. 7610, as
am ended byR.A. 9231)
(i) Child prostitution and other acts of
abuse, supra 8.d)(ii)
(ii) Obscene publications and
indecent shows
(a) Punishable acts
SEC. 9. Obscene Publications and Indecent
Shows. – Any person who shall hire, employ,
use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent
shows, whether live or in video, or model in
obscene publications or pornographic
materials or to sell or distribute the said
materials shall suffer the penalty of prision
mayor in its medium period.
If the child used as a performer, subject or
seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted
in any capacity with the care of a child who
shall cause and/or allow such child to be
employed or to participate in an obscene
play, scene, act, movie or show or in any other
acts covered by this section shall suffer the
penalty of prision mayor in its medium
period.
c) Anti-Trafficking in Persons Act of
2003 (R.A. No. 9208)
(i) Punishable acts, supra 9.c)(i)
d) Anti-Violence Against W om en and
Their Children Act of 2004 (R.A. No.
9262)
(i) Punishable acts, supra 8.a)(i)
12. CRIMES AGAINST CIVIL STATUS
13. CRIMES AGAINST HONOR
Include:
a) Adm inistrative Circular 08-2008
Re: Guidelines in the Observance of a
Rule of Preference in the Im position
of Penalties in Libel Cases
(i) Preference of im position of fine
ADMINISTRATIVE CIRCULAR No. 08-
2008
PAGE 67 OF 68
CRIMINAL LAW
TO: ALL JUDGES
SUBJECT: GUIDELINES IN THE
OBSERVANCE OF A RULE OF
PREFERENCE IN THE
IMPOSITION OF PENALTIES
IN LIBEL CASES.
Article 355 of the Revised Penal Code
penalizes libel, committed by means of
writing, printing, lithography, engraving,
radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any
similar means, withprision correctional in its
minimum and medium periods or fine
ranging from 200 to 6,000 pesos, or both,
in addition to the civil action which may be
brought by the offended party.
In the following cases, the Court opted to
impose only a fine on the person convicted of
the crime of libel:
In Fernando Sazon v. Court of Appeals and
People of the Philippines, the Court modified
the penalty imposed upon petitioner, an
officer of a homeowners’ association, for the
crime of libel from imprisonment and fine in
the amount of P200.00, to fine only of
P3,000.00, with subsidiary imprisonment in
case of insolvency, for the reason that he
wrote the libelous article merely to defend his
honor against the malicious messages that
earlier circulated around the subdivision,
which he thought was the handiwork of the
private complainant.
In Quirico Mari v. Court of Appeals and People
of the Philippines, where the crime involved is
slander by deed, the Court modified the
penalty imposed on the petitioner, an
ordinary government employee, from
imprisonment to fine of P1,000.00, with
subsidiary imprisonment in case of
insolvency, on the ground that the latter
committed the offense in the heat of anger
and in reaction to a perceived provocation.
In Roberto Brillante v. Court of Appeals and
People of the Philippines, the Court deleted
the penalty of imprisonment imposed upon
petitioner, a local politician, but maintained
the penalty of fine of P4,0000.00, with
subsidiary imprisonment in case of
insolvency, in each of the (5) cases of libel, on
UP LAW BOC SPECIAL PENAL LAWS CRIMINAL LAW

the ground that the intensely feverish application of the Revised Penal
passions evoked during the election period in Code provision on subsidiary
1988 must have agitated petitioner into imprisonment.
writing his open letter; and that incomplete
privileged communication should be Book II compiled by:Paolo Tamase,Denis Flores,
appreciated in favor of petitioner, especially Irene Pua (for UP Law Bar Operations Commission
2015)
considering the wide latitude traditionally
given to defamatory utterances against
public officials in connection with or relevant
to their performance of official duties or
against public figures in relation to matters of
public interest involving them.

In Jose Alemania Buatis, Jr. v. People of the

Philippines and Atty. Jose Pieraz, the Court
opted to impose upon petitioner, a lawyer,
the penalty of fine only for the crime of libel
considering that it was his first offense and he
was motivated purely by his belief that he
was merely exercising a civic or moral duty to
his client when wrote the defamatory letter to
private complainant.
The foregoing cases indicate an emergent
rule of preference for the imposition of fine
only rather than imprisonment in libel cases
under the circumstances therein specified.

All courts and judges concerned should

henceforth take note of the foregoing rule of
preference set by the Supreme Court on the
matter of the imposition of penalties for the
crime of libel bearing in mind the following
principles:

1. This Administrative Circular does not

remove imprisonment as an
alternative penalty for the crime libel
under Article 355 of the Revised
Penal Code;
2. The Judges concerned may, in the
exercise of sound discretion, and
taking into consideration the peculiar
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
would depreciate the seriousness of
the offense, work violence on the
social order, or otherwise be contrary
to the imperative of justice;
3. Should only a fine be imposed and
the accused be unable to pay the fine,
there is no legal obstacle to the
PAGE 68 OF 68