SPECIAL PENAL LAWS

Presidential Decree 1829

Decree Penalizing Obstruction of Apprehension and
Prosecution of Criminal Offenders
Approved: January 16, 1981.
How

committed: By knowingly or willfully obstructing,

impeding, frustrating or delaying the apprehension of
suspects and the investigation and prosecution of criminal
cases by committing any of the following acts:
1. 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;
2. 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;
3. 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
prosecution and conviction;
4. 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;
5. 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;
6. 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;
7. Soliciting, accepting, or agreeing to accept any
benefit in consideration of abstaining from,

discounting, or impeding the prosecution of a criminal

offender;
8. 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;
9. 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 publishing or
disseminating the same to mislead the investigator or
to the court.
Anti-Piracy and Anti-Highway Robbery
Presidential Decree 532
Approved: 8 August 1974
Crime Against National Security
A. Definition of Terms (Sec. 2)
Philippine Waters: 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 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.
Vessel: 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.

Philippine Highway: 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

highway
robbery
brigandage.
How Committed
Piracy

Piracy:
Any attach 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 by any person, including a passenger or member of
the complement of said vessel, in Philippine waters.
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.
Who May Be Liable
Piracy

Highway Robbery/Brigandage

Highway
Robbery/Brigandage

Pirates any person, including

passenger, or member of the
complement of vessel, in
Philippine waters
Any person on any Philippine
Highway
Accomplice (Sec. 4)
Any person who:
1. Knowingly 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.
2. Acquires
or
receives
property taken by such
pirates or brigands or in
any manner derives any
benefit therefrom, or
3. Directly or indirectly abets
the commission of piracy or

Elements

or

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 by any person,
including a passenger or
member of the complement of
said vessel, in Philippine
waters.
Seizure of any person for
ransom, extortion or other
lawful purposes, or the taking
away of the property of
another by means of violence
against or intimidation of
person or force upon things or
other unlawful means.
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 or other unlawful
means,
committed
by
any
person
on
any
Philippine Highway
The robbery must be

directed
not
only
against
specific,
intended
or
preconceived
victims,
but against any and all
prospective
victims.
(Ppl. V. Daniel Cerbito
GR 12697)

Anti-Hijacking Law
An Act Prohibiting Certain Acts Inimical to Civil
Aviation, and for other purposes
Republic Act 6235
Approved: 19 June 1971
Crimes against National Security

B. Acts Punishable and their Penalties (Sec. 3)

Acts Punishable
Penalties
Piracy
Reclusion temporal in Who
its Maybe Liable
medium
and
maximum
How Committed
periods
Piracy with physical injuries or Reclusion perpetua
other crimes
Piracy with rape, murder or Mandatory penalty of death
homicide
(now reclusion perpetua
life imprisonment)
Piracy and other offenders:
1. Abandoned the victims
without means of saving
themselves; or
2. Seized the vessel
by
firing upon OR
boarding it
Highway
robbery/
Brigandage
Highway Robbery/ Brigandage
with physical injuries or other
crimes
Highway Robbery/ Brigandage
with kidnapping for ransom or
extortion,
or
murder
or
homicide, or rape

Reclusion temporal
minimum period
Reclusion temporal- medium
and maximum periods
Death
penalty
reclusion perpetua
imprisonment)

Presumption
Any person who does any of the acts provided herein has
performed them knowingly, unless the contrary is proven

or

(now
life

Any person
1. Compel a change in the
course or destination of
an aircraft of Philippine
registry
2. Seize or usurp the
control thereof, while it
is in flight
3. Compel an aircraft of
foreign registry to land
in Philippine territory; or
4. Seize or usurp the
control thereof while it
is
within
the
said
territory
It shall be unlawful for any
person to commit any of the
acts mentioned in no.1 under
any
of
the
following
circumstances (Sec. 2)
1. Whenever he has fired
upon the pilot, member
of
the
crew
or
passenger
of
the
aircraft;
2. Whenever
he
has
exploded or attempted
to explode any bomb or
explosive to destroy the
aircraft
3. Whenever the crime is

accompanied
by
murder,
homicide,
serious physical injuries
or rape.
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 (Sec. 3)
Aircraft
companies
which
operate as public utilities or
operators of aircraft which are
for hire are authorized to open
and
investigate
suspicious
packages and cargoes in the
presence of the owner or
shipper, or his authorized
representatives if present; in
order to help the authorities in
the
enforcement
of
the
provisions
of
this
Act:
Provided, That if the owner,
shipper or his representative
refuses to have the same
opened and inspected, the
airline
or
air
carrier
is
authorized
to
refuse
the
loading thereof. (Sec. 8)

Human Security Act of 2007

Republic Act 9372
Approved: 9 March 2007

Crimes against National Security, Crimes against the

Fundamental Laws of the State; Crimes committed by Public
Officers; Crimes against persons; Crimes against Person Liberty
and Security, Crimes against Property
Who
Maybe
Liable

Any person who engages in any of the acts specified

below (under how committed) punishable by the RPC
and other special laws

Cons
pirato
r
(Sec.
4)

Acco
mplic
e
(Sec.
5)

Acces

Descriptio
n
2 or more
persons
come to an
agreement
concerning
the
commission
of the crime
of terrorism
and decide
to commit
the same
Any person
who
not
being
a
principal or
a
conspirator,
cooperates
in
the
execution of
either
the
crime
of
terrorism or
conspiracy
to commit
terrorism by
previous or
simultaneou
s acts.
Any person

Penal
ty
40
years
impris
onme
nt

17
yrs, 4
mos,
1 day
to
20 yrs
impris
onme
nt

10 yrs

sory
(Sec.
6)

who having
knowledge
of
the
commission
of the crime
of terrorism
or
conspiracy
to commit
terrorism,
and without
having
participated
therein,
takes
part
subsequent
to
its
commission
in any of
the
following
manner:
a. Profit
ing
hims
elf or
assis
ting
the
offen
der
to
profit
by
the
effec
ts of
the
crim
e;
b. Conc
ealin
g or

and 1
day to
12
years
impris
onme
nt

destr
oying
the
body
of
the
crim
e or
the
effec
ts or
instr
ume
nts
there
of in
order
to
prev
ent
its
disco
very;
or
c. Harb
oring
,
conc
ealin
g or
assis
ting
in
the
esca
pe of
the
princi
pal
or
cons
pirat
or.

Exception
(Not
liable):
Those who
are
such
with respect
to their:
a. Spou
ses
b. Asce
ndan
ts
c. Desc
enda
nts
d. Legiti
mate
,
natur
al
and
adop
ted
broth
ers
and
sister
s, or
e. Relat
ives
by
affini
ty
withi
n the
same
degr
ees
Exception
to
the
Exception

(Liable):
Accessories
falling
within
the
provisions
of
subparagra
ph (a)

How
Commi
t-ted

Under
1.
2.
3.
4.
5.
6.
Under
1.
2.
3.
4.

Note:
Articles 18
and 19 of
the RPC on
accomplices
and
accessories
do
NOT
apply since
the penalty
of
nomenclatu
re in the Act
is not the
same
as
that of the
RPC.
RPC:
Piracy in general and Mutiny in the high seas
or in Philippine waters. (Art. 122)
Rebellion or insurrection (art. 134)
Coup d etat including acts committed by
private persons (Art. 143-a)
Murder (Art. 248)
Kidnapping and Serious Illegal Detention (Art.
267)
Crime involving destruction (Art. 324)
Special Laws:
Law on Arson (P.D. 1613)
Toxic substances and Hazardous Nuclear
Waste Control Act of 1990 (R.A. 6969)
Atomic Energy Regulatory and Liability Act of
1968 (R.A. 5207)
Anti-Hijacking Law (R.A. 6235)

Elemen
ts

5. Anti-Piracy and Anti-Highway Robbery Law of

1974 (P.D. 532)
6. Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in,
Acquisition
or
Disposition
of
Firearms,
Ammunitions or Explosives (P.D. 1866)
1. The act committed sows and creates a
condition of widespread and extraordinary fear
and panic among the populace, and
2. Act was committed in order to coerce the
government to give in to an unlawful demand.

Note: Benefit of parole under the Indeterminate Sentence Law

(Act 4103) in NOT applicable to persons convicted under this
Act.
Surveillance of Suspects and Interception and Recording of
Communication (Sec.7)
General Rule: Notwithstanding RA 4200 (Anti-Wire Tapping
Law), a police or law enforcement official and members of his
team may upon written order of the CA, listen to, intercept and
record any communication between members of a judicially
declared and outlawed terrorist organization or group of persons
or any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
Exception: Communications between:
1. Lawyers and clients
2. Doctors and patients
3. Journalists and their sources
4. Confidential business correspondence
Requisites
for
Formal
Application
for
Judicial
Authorization to Intercept and Record Communication:
(Sec.8)
1. There must be an ex parte application by the police of
law enforcement official.
2. The applicant must have been duly authorized in writing
by the Anti-Terrorism Council, and
3. Examination under oath or affirmation of the applicant
and the witnesses he may produce to establish that
a. There is probable cause to believe based on
personal knowledge of facts that the said crime of

terrorism or conspiracy to commit terrorism has

been committed, is being committed or is about to
be committed.
b. There is probable cause to believe based on
personal knowledge of facts that evidence which is
essential to the conviction of any charged or
suspected person, will be obtained, and
c. There is NO other effective means for acquiring
such evidence.
Classified Information (Sec. 9)
1. Written order granted by the authorizing division of the
CA
2. Order by the CA to extend or renew order
3. Original application of the applicant
4. Application to extend or renew order
5. Written authorizations of the Anti-Terrorism council and
6. Sealed envelope or package deposited with the
authorizing division of the CA (Sec. 13)
Provided:
Person under surveillance or whose
communications have been monitored, listened to, bugged
or recorded has the right to be informed of the acts done by
the law enforcement authorities and to challenge the legality
of the interference before the CA which issued the order.
Effectivity (Sec. 10)
The judicial authorization shall be effective for the length of
time specified in the written order of the authorizing division
of the CA, which shall not exceed 30 days from the receipt of
the order by the applicant.
The authorizing division of the CA may extend or renew the
said authorization for another non-extendible period, which
shall not exceed 30 days from the expiration of the original
period, provided that:
1. Authorizing division of the CA is satisfied that such
extension is in public interest.
2. Ex-parte application for extension or renewal is filed by
the original applicant and has been duly authorized in
writing by the Anti-Terrorism Council.
In case of death or physical disability of the original
applicant, the application for extension or renewal shall be

filed by the one next in rank to the original applicant among

the members of his team.
The applicant shall have 30 days after the termination of the
period granted by the CA within which to file the appropriate
case before the Public Prosecutors Office.
If no case is filed within the 30-day period, the applicant
shall immediately notify the person subject of the
surveillance of the termination of such surveillance or
recording.
Custody of Intercepted and Recorded Information (Sec.
11)
All tapes, discs and recordings made pursuant to the
authorization of the CA, (including excerpts, summaries and
written notes made in connection therewith) shall be deposited
in a sealed envelope or package accompanied by a joint
affidavit of the applicant-police officer or law enforcement
officials and the members of his team, with the authorizing CA
division within 48 hours after the expiration of the order.
It is unlawful for any person, police officer, or any custodian of
the tapes, discs and recording, and their excerpts and
summaries, written note or memoranda to copy whatever form,
to remove, delete, expunge, incinerate, shred or destroy in any
manner the items enumerated above in whole or in part under
any pretext whatsoever.
Disposition of Deposited Materials (Sec. 13)
The sealed envelope or package and the contents thereof shall
be deemed classified information and the same shall not be
opened and its contents shall not be divulged or used as
evidence unless authorized by written order of the authorizing
CA division.
The said written order shall be granted upon:
1. A written application of DOJ filed before the authorizing
division of CA.
2. A showing that the DOJ has been duly authorized in
writing by the Anti-Terrorism Council to file such
application; and

3. Proper notice to the person whose communication has

been subjected to surveillance that the sealed envelope
or package shall be opened.
The written application shall clearly state the purpose or
reason: (Sec. 14)
1. For opening the sealed envelope
2. For revealing or disclosing its classified contents
3. For replaying, divulging, and or reading any of the
listened to, intercepted, and recorded communications,
etc; and
4. For using any of the said listened to, intercepted and
recorded communications as evidence.
Evidentiary Value of Deposited Materials (Sec. 15)
Any listened to intercepted and recorded communications, or
any information or fact contained therein, including their
existence, content, substance, purport, effect, or meaning which
have been secured in violation of the pertinent provisions of this
Act, shall be absolutely NOT admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing
Proscription or Terrorist Organizations, Associations or
Group or Persons (Sec. 17)
Upon application by DOJ before a competent RTC with due
notice and opportunity to be heard given to the said group, said
RTC shall declare the following organization, association or
group of persons as a terrorist and outlawed organization,
association or group of persons:
1. Organized for the purpose of engaging in terrorism or
2. although not organized for that purpose, actually uses
the acts to terrorize mentioned in this Act or to sow and
create a condition of widespread and extraordinary fear
and panic among the populace in order to coerce the
government to give in to an unlawful demand
Note: An association of terrorist is not an illegal association
defined under the RPC.
Illegal Associations (RPC, Art. 147)

Associations totally or partially organized for the purpose of

committing any of the crimes punishable under this Code or
some purpose contrary to public morals.
Period of Detention without Judicial Warrant of Arrest
General Rule: Notwithstanding Art. 125 of RPC, any police or
law enforcement personnel who has taken custody of a person
charged or suspected of the crime of terrorism or conspiracy to
commit terrorism shall deliver said charged person to the proper
judicial authority within 3 days counted from the moment of
arrest.
Note: Anti-terrorism law amended Art. 125 of the RPC insofar as
terrorism and conspiracy to commit terrorism are concerned.
Delay in the delivery of detained persons to the proper
judicial authorities (RPC, Art. 125)
The penalties provided in the next preceding article shall be
imposed upon the public officer or employee who shall detain
any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of 12
hours for crimes or offenses punishable by light penalties, or
their equivalent; 18 hours for crimes or offenses punishable by
correctional penalties, or their equivalent and 36 hours for
crimes, or offenses punishable by afflictive or capital penalties,
or their equivalent.
Exception (Sec. 19): In the event of actual or imminent
terrorist attack, suspects may be detained for more than 3 days
upon written approval of
1. Municipal, city, provincial or regional official of Human
Rights Commission
2. Judge of MTC, RTC or Sandiganbayan or
3. Justice of CA nearest the place of arrest
The written approval must be procured within 5 days
after the date of detention; PROVIDED that within 3 days
after detention, suspects whose connection with the
terror attach or threat is not established shall be released
immediately.
If the arrest is made during Saturdays, Sundays, Holidays
or after office hours, the police or law enforcement
personnel shall bring the arrested person to the

residence of any of the officials mentioned above that is

nearest the place where the accused was arrested.
Special Cases (Sec. 18)
Where the arrest resulted from:
1. surveillance or interception of communication; or
2. examination of bank deposits
Before detaining the person suspected of the crime of terrorism
or conspiracy to commit terrorism, the arresting officer shall
present him/her before any judge at the latters residence or
office nearest the place where the arrest took place at any time
of the day or night.
Duties of the Judge:
a. Ascertain the identity of the police or law enforcement
personnel and the person arrested;
b. Inquire on the reason for the arrest;
c. Determine by questioning and personal observation
whether or not the person arrested has been subjected to
any physical, moral or psychological torture, by whom
and why; and
d. Submit a written report of his/her observations within 3
calendar days from the time the suspect was brought
before himl
Failure to Deliver Suspect to Proper Judicial Authority
(Sec. 20)
The penalty of imprisonment for 10 years and 1 day to 12 years
shall be imposed upon any police of law enforcement personnel
who has apprehended or arrested, detained, 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 3 days.
Rights or a Person under Custodial Detention (Sec. 21)
A person charged with or suspected and apprehended or
arrested and detained shall be informed by the arresting police
of law enforcement officers or by the police of law enforcement
officers to whose custody the person concerned is brought of his
rights to wit:
1. Right to be informed of the nature and cause of his arrest

2. Right to remain silent.

3. Right to have competent and independent counsel
preferably of his choice
Note: If the person cannot afford the services of counsel of
his choice, the police or law enforcement officers concerned
shall immediately contact the free legal assistance unit of
the IBP or PAO. These rights cannot be waived except in
writing and in the presence of the counsel of choice.
4. Right to be informed of the cause of his detention in the
presence of his legal counsel;
5. Allowed to communicate freely with his counsel;
6. Allowed to communicate freely and privately with the
members of his family or with his nearest relatives and to
be visited by them; and
7. Allowed freely to avail of the service of a physician of
choice.
Restriction on Travel (Sec. 26)
Requisites:

3. Discretion of the court on motion of the prosecutor or of

the accused.
Examination of Bank Deposits, Accounts and Records
(Sec. 27)
Notwithstanding RA 1405 (Bank Secrecy Law) as amended, the
justices of CA designated to handle anti-terrorism cases may
issue judicial authorization to examine bank deposits, accounts
and records after satisfying themselves of the existence of
probable cause in a hearing called for that purpose that:
1. 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, and
3. A member of such judicially declared and outlawed
organization, association, or group of persons.
It authorizes 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:

1. Evidence of guilt is not strong

2. Person charged with the crime of terrorism or conspiracy
to commit terrorism is entitled to bail and is granted the
same, and
3. Application by prosecutor to the court to limit the right to
travel of the accused.

1. Examine or cause the examination of deposits,

placements, trust accounts, assets and records in a bank
or financial institution and
2. Gather or cause the gathering of any relevant information
about such deposits, placements, trust accounts, assets
and records from a bank or financial institution.

Limitation to the Right of Travel of the Accused

1. Within the municipality or city where he resides or where
the case is pending 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 be then forfeited as provided under the Rules
of Court
2. House arrest at the usual place of residence of the
accused accused 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.

Note: 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.

Modes of Termination of Restrictions:

1. Acquittal of the accused
2. Dismissal of the case filed against the accused

Requisites for Application to Examine Bank Deposits

(Sec. 28)
1. Ex parte application to the CA by the police or law
enforcement official.
2. The police of law enforcement official must be duly
authorized in writing by the Anti-Terrorism Council to file
such application; and
3. 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.
Effectivity if Judicial Authorization (Sec. 30)
Time specified in the written order, which shall not exceed 30
days from the date of the receipt of the written order by the
applicant police or law enforcement official.
It may be extended for another period which shall not exceed
30 days from the expiration of the original period, provided:
1. Authorizing division of the CA is satisfied that such
extension is in the public interest;
2. Application for extension or renewal must have been
authorized in writing by the Anti-Terrorism Council to file
such application; and
3. 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.
Anti-Plunder Law
An Act Declaring Forfeiture in Favor of the State Any
Property Found to Have Been Unlawfully Acquired By
Any Public Officer or Employee And Providing for the
Proceedings Therefor
Republic Act 1379
Who Maybe Liable

Public Officer or Employee

S/he is any person holding any
public office or employment
by virtue of an appointment,
election or contract, and
Any person holding any office
or
employment,
by
appointment or contract, in
any
State-owned
or
controlled corporation, or
enterprise

How Committed

Elements

Any person who accepts the

transfer of unlawfully acquired
property by any public officer
or employee.
1. Transfer of conveyance
of
any
unlawfully
acquired property by
any public officer of
employee; or
2. Acceptance
of
such
transfer or conveyance
by any person
Estrada
v.
Sandiganbayan
(2001)
1. That the offender is a public
officer who acts by himself or
in connivance with members of
his family, relatives by affinity
or
consanguinity,
business
associates, subordinates or
other persons;
2.
That
he
amassed,
accumulated or acquired illgotten
wealth
through
a
combination or series of the
following overt or criminal
acts:
(a) through misappropriation,
conversion,
misuse,
or
malversation of public funds or
raids on the public treasury;
(b) by receiving, directly or
indirectly, any commission,
gift,
share,
percentage,
kickback or any other form of
pecuniary benefits from any

person
and/or
entity
in
connection
with
any
government contract or project
or by reason of the office or
position of the public officer;

himself or themselves at the

expense and to the damage
and prejudice of the Filipino
people and the Republic of the
Philippines; and,

(c) by the illegal or fraudulent

conveyance or disposition of
assets
belonging
to
the
National Government or any of
its subdivisions, agencies or
instrumentalities
of
Government
owned
or
controlled corporations or their
subsidiaries;

3. That the aggregate amount

or total value of the ill-gotten
wealth amassed, accumulated
or
acquired
is
at
least
P50,000,000.00.

(d) by obtaining, receiving or

accepting directly or indirectly
any shares of stock, equity or
any other form of interest or
participation
including
the
promise of future employment
in any business enterprise or
undertaking;
(e) 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
(f) by taking advantage of
official
position,
authority,
relationship,
connection
or
influence to unjustly enrich

[Note: The threshold amount is

originally P75 Million under RA
7080. This was amended by RA
7659 (1993), which is an act
imposing the death penalty on
certain
heinous
crimes
including plunder, decreasing
the threshold amount to P50
Million.
Definition of Terms (Sec. 1)
Other legitimately acquired property
Any real or personal property, money or securities which the
respondent has at any time acquired by inheritance and income
thereof, or by gift inter vivos before becoming a public officer or
employee, or any property (or income thereof) already
pertaining to him when he qualified for public office or
employment, or the fruits and income of the exclusive property
of the respondents spouse. It shall not include:
1. Property unlawfully acquired by the respondent, but its
ownership is concealed by its being recorded in the name
of, or held by, the respondents spouse, ascendants,
descendants, relatives of any other person;
2. Property unlawfully acquired by the respondent, but
transferred by him to another person/s on or before the
effectivity of this Act; and

3. Property donated to the respondent during his

incumbency, unless he can prove to the satisfaction of
the court that the donation is lawful.
Filing of Petition (Sec. 2)
1. Complaint is filed by any taxpayer to the city or provincial
fiscal.
2. The fiscal shall conduct a previous inquiry similar to
preliminary investigations in criminal cases and shall
certify to the Solicitor General that there is reasonable
ground to believe that there has been committed a
violation of this Act and the respondent is probably guilty
thereof.
3. The Solicitor General shall file, in the name and on behalf
of the Republic of the Philippines in the RTC of the city or
province where said public officer or employee resides or
holds office, a petition for a writ commanding said officer
or employee to show cause why the property aforesaid,
or any part thereof, should not be declared property of
the State.
Note: No such petition shall be filed:
1. Within one year before any general election or
2. Within three months before any special election.
The property shall be presumed prima facie to have been
unlawfully acquired whenever any public officer or employee
has acquired during his incumbency an amount of property
which is manifestly out of proportion to his salary as such public
officer or employee and to his other lawful income and the
income from legitimately acquired property.
The resignation, dismissal or separation of the officer or
employee from his office or employment in the
Government or in the Government-owned or controlled
corporation shall not be a bar to the filing of the petition.
Prescription: Right to file petition shall prescribe after 4
years from the date of the resignation, dismissal, or
separation or expiration of the term of the officer or
employee concerned.
Effect of Failure of Respondent to Show that he has
Lawfully Acquired the Subject Property (Sec. 6)

Court shall declare the property forfeited in favor of the State,

by virtue of such judgment the property aforesaid shall become
property of the State.
Note: No judgment shall be rendered:
1. Within 6 months before any special election or
2. Within 3 months before any special election.
In addition, Court may refer the case to the corresponding
Executive Department for administrative or criminal action, or
both.
Anti-Torture Act of 2009
Republic Act 9745
Who May be Liable

Principal
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;
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;
Immediate
Commanding
Officer
of
the
unit
concerned of the AFP or the
immediate senior public
official of the PNP and other

law enforcement agencies, 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 ; and

principal of accomplice, takes

part
subsequent
to
its
commission in any of the
following manner:
a. By
themselves
profiting
from
or
assisting the offender
to profit from the effects
of the act of torture or
other cruel, inhuman
and
degrading
treatment
or
punishment
b. By concealing the act
of torture or other cruel
inhuman and degrading
treatment
or
punishment
and/or
destroying the effects
or instruments thereof
in order to prevent its
discovery; or
c. By
harboring,
concealing
or
assisting
in
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 officials public
function

Immediate
commanding
officer who 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,
or
has
been
committed
by
his/her
subordinates or by others
within
his/her
area
of
responsibility
and,
despite
such knowledge, did not take
preventive or corrective action
either before or during or
immediately
after
its
commission, when s/he has
the authority to prevent or
investigate
allegations
of
torture
or
other
cruel,
inhuman, degrading treatment
of punishment but failed to
prevent
or
investigate
allegations
of
such
act,
whether deliberately or due to
negligence.
Accessory
if
s/he
has
knowledge that torture or
other cruel, inhuman, and
degrading
treatment
or
punishment
is
being
committed and without having
participated therein, either as

How Committed

Acts of Torture which shall

include, but not limited to the
ff:
1. Physical torture 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:
a. Systematic
beating,
head
banging,
punching,
kicking,
striking with truncheon
or rifle butt or other
similar
objects,
and
jumping
on
the
stomach;
b. Food
deprivation
or
forcible feeding with
spoiled food, animal or
human
excreta
and
other
stuff
or
substances not normally
eaten;
c. Electric shock
d. Cigarette
burning;
burning by electrically
heated rods, hot oil,
acid; by rubbing of
pepper
or
other
chemical substances on
mucous membranes, or
acids or spices directly
on the wounds
e. Submersion of the head
in
water
or
water
polluted
with
excrement,
urine,
vomit,
and/or
blood
until
the
brink
of
suffocation
f. Being tied or forced to
assume
fixed
and
stressful bodily position

g. Rape and sexual abuse,

including the insertion
of foreign objects into
the sex organ or rectum
or electrical torture of
the genitals
h. Mutilation
or
amputation
of
the
essential parts of the
body
such
as
the
genitalia, ear, tongue,
etc.
i. Dental torture or the
forced extraction of the
teeth
j. Pulling out of fingernails
k. Harmful exposure to the
elements
such
as
sunlight and extreme
cold
l. The use of plastic bag
and
other
materials
placed over the head to
the
point
of
asphyxiation
m. Use of psychoactive
drugs to change the
perception,
memory,
alertness, or will of a
person, such as:
a. The
administration of
drugs to induce
confession and/or
reduce
mental
competency or
b. The use of drugs
to
induce
extreme pain or
certain
symptoms of a
disease
n. Other analogous acts of
physical torture

2. Mental or Psychological
Torture - acts committed by a
person in authority or agent of
a person in authority which are
calculated to affect or confuse
the mind and/or undermine a
persons dignity and morale,
such as
a. Blindfolding
b. Threatening a person/s
or his/her relative/s
with bodily harm ,
execution
or
other
wrongful acts
c. Confinement in solitary
cells
or
secret
detention places
d.Prolonged interrogation
e.Preparing a prisoner for
a show trial, public
display
or
public
humiliation
of
a
detainee or prisoner
f. Causing
unscheduled
transfer of a person
deprived
of
liberty
from one place to
another creating the
belief that s/he shall
be
summarily
executed
g.Maltreating
member/s
of persons family
h.Causing
the
torture
sessions
to
be
witnessed
by
the
persons
family,
relatives or any third
party
i. Denial of sleep/rest
j. Shame infliction such as
stripping the person
naked,
parading

Elements

him/her
in
public
places, shaving the
victims
head
or
putting
marks
on
his/her body against
his/her will
k. Deliberately prohibiting
the
victim
to
communicate with any
member
of his/her
family and
l. Other analogous acts
of
mental/psychological
torture
The victim is subjected to
torture or other cruel, inhuman
and degrading treatment or
punishment as defined in Secs.
3 and 4.
Any person who has suffered
harm as a result of any act/s of
torture or other cruel, inhuman
and degrading treatment or
punishment.
Physical torture is inflicted by
a person in authority or his
agent upon another person in
his/her custody that causes
severe
pain,
exhaustion,
disability or dysfunction of one
or more parts of the body.
The one committing mental or
psychological torture is a
person in authority or his
agent

Applicability (Sec. 6)
Torture and other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all circumstances.

State of War nor threat of war not a defense:

State of war or threat or 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
Prohibited Detention (Sec. 7)
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 Phil National Police, the 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, dates of
arrests and incarcerations and the crimes or offenses
committed.
NOTE:
List of detainees and detention facilities shall be
available to the public at all times and submitted to the
Commission on Human Rights within 5 days of every month at
the minimum
Non-Applicability of Exclusionary Rule (Sec. 8)
Any confession, admission or statement obtained as a result of
torture shall be inadmissible in evidence in any proceedings.
Except if the same is used as evidence against a person
or persons accused of committing torture.
Torture as a Separate and Independent Crime (Sec. 15)
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.
Exclusion from the Coverage of Special Amnesty Law
(Sec. 16)
Persons who have committed any act of torture shall not
benefit from any special amnesty law or similar measures

that will have the effect of exempting them from any criminal
proceedings and sanctions. This is in order not to depreciate
the crime of torture.
Applicability of the RPC (Sec. 22)
The RPC is suppletory to this act, insofar as they are applicable.
If the commission of any crime punishable as Crimes Against
Persons and Crimes Against Personal Liberty and
Security of the RPC is attended by any of the acts constituting
torture and other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to imposed shall
be in its maximum period.
Anti-Money Laundering Act of 2001
Republic Act 9160 as Amended by RA 9194
Approved: 29 September 2001
Topic Related to: Crimes against Public Interest
Money Laundering: crime whereby proceeds of an unlawful
activity are transacted and made to appear to have originated
from legitimate source.
Covered institutions are required to report
transactions regardless of amount involved.

suspicious

Salient Points of the Law:

a. Criminalizes money laundering
b. Creates a Financial Intelligence Unit (FIU).
c. Imposes requirements on customer identification, recordkeeping and reporting of covered and suspicious transactions.
d. Relaxes strict bank deposit secrecy laws.
e. Provides for freezing/seizure/forfeiture recovery of dirty
money/property.
f. Provides for international cooperation
Who Maybe Liable

Any
person
who
has
knowledge
that
any
monetary instrument/property
represents
proceeds
from
unlawful activity and
(1)
transacts/attempts
to
transacts said proceeds, (2)

performs or fails to perform

any act which resulted to
his/her
facilitating
the
offense of money laundering
(3)fails to disclose or file with
the AMLC knowing that it had
to be filed and disclose with it.

How Committed

Any person with malice and

bad
faith
who
files
a
completely unwarranted or
false information against any
person relative to money
laundering transaction.
1. Any person knowing
that
any
monetary
instrument or property
represents, involves or
relates to the proceeds
of any unlawful activity,
transacts or attempts to
transact said monetary
instrument of property.
2. Any person knowing
that
any
monetary
instrument or property
involves the proceeds of
any unlawful activity,
performs or fails to
performs any act as a
result of which he
facilitates the offense of
money
laundering
referred to in paragraph
(a) above.
3. Any person knowing
that
any
monetary
instrument or property
is required under this
Act to be disclosed and
filed with the AntiMoney
Laundering
Council (AMLC), fails to

do so.
4. Failure to Keep Records
(Sec 9b). All records of
all transactions covered
5. Malicious
Reporting
(Sec. 14c) Any person
who with malice or in
bad faith, reports or
files
a
completely
unwarranted or false
information relative to
money
laundering
transaction against any
person.
If offender is a juridical
person,
court
may
suspend or revoke its
license.
If offender an alien,
deportation
without
further
proceedings
after
serving
the
penalties prescribed.

Elements

If offender is a public
official/employee,
perpetual or temporary
absolute disqualification
from office, in addition
to
the
penalties
prescribed.
Covered Transactions
Transaction in case or other
equivalent
monetary
instrument involving a total
amount
in
excess
of
P500,000 that is done with
the covered institution, within
1 banking day.
Suspicious Transactions

Transaction
with
covered
institutions, regardless of the
amount involved, where any of
the following circumstances
exists:
1. There is no underlying
legal
or
trade
obligation, purpose or
economic
justification
for that transaction;
2. The client (individual
making the transaction)
is
not
property
identified;
3. Amount involved is not
commensurate with the
business or financial
capacity of the client
4. Taking into account all
known circumstances, it
may perceived that the
clients 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 clients
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.
Unlawful Activities under
AMLA (Sec. 3i)
Any act or omission or series
or
combination
thereof
involving or having relation to
the following:
1. Kidnapping for ransom
2. Drug offenses
3. Graft
and
corrupt
practices;
4. Plunder;
5. Robbery and extortion
6. Jueteng and masiao
7. Piracy on the high seas
8. Qualified theft
9. Swindling
10. Smuggling
11. Electronic
commerce
crimes
12. Hijacking,
destructive
arson and murder;
13. Securities fraud;
14. Felonies or offenses of a
similar
nature
punishable under the
penal laws of other
countries.
Prosecution (Sec. 6)
Under the AMLA, a person can be prosecuted and punished for
both the underlying unlawful activity and the money laundering
offense, and the proceeds thereof can be confiscated or
forfeited in favor of the government.
Effect
of
Bank
Deposit
Secrecy
Laws
on
the
Implementation of AMLA (Sec. 9)
When reporting covered or suspicious transactions to the AMLC,
covered institutions and their officers and employees are
not deemed to have violated the bank deposit secrecy laws.

However, they are strictly prohibited from disclosing such

transactions to any person in any manner or by any
means. The violation of confidentiality makes them criminally
liable.
Comprehensive Firearms and Ammunition Regulation Act
Republic Act 10591 Amending P.D. 1866 and R.A. 8294
Definition of Terms (R.A 10591, Sec. 3)
Ammunition
Refers to complete unfixed unit consisting of a bullet,
gunpowder, cartridge case and primer or loaded shell for use in
any firearm.
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 projective, which is discharged by means of
expansive forces of gases from burning gunpowder or other
form of combustion or any similar instrument of implement. For
purposes of this Act, the barrel, frame or receiver is considered
a firearm.
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 or
countries.
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 one.
Note: Imitation firearm used in the commission of a crime shall
be considered a real firearm and the person who committed the
crime shall be punished in accordance with this act. However,
injuries caused on the occasion of the conduct of competition,

sports, games or any recreation activities involving imitation

firearms shall not be punishable under this Act (Sec. 35)
Licensed Citizen
S/he is a Filipino who complies with the qualifications set forth in
this Act and duly issued with a license to possess or to carry
firearms outside of the residence in accordance with this Act.
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.
Permit to Carry Firearm Outside of Residence
Written authority issued to licensed citizen by the Chief of the
PNP which entitles such person to carry his/her registered or
lawfully issued firearm outside of the residence for the duration
and purpose specified in the authority.
Permit to Transport Firearm
Written authority issued to licensed citizen or entity by the Chief
of the PNP or by a PNP Regional Director which entitles such
person or entity to transport a particular firearm from and to a
specific location within the duration and purpose in the authority
Residence
Refers to the place or places of abode of the licensed citizen as
indicated in his/her license.
Tampered, Obliterated or Altered Firearm
Refers
to any firearm whose serial number or other
identification or ballistics characteristics have been intentionally
tampered with, obliterated or altered without authority or in
order to conceal its source, identity or ownership.
Who Maybe Liable

Any person who unlawfully

acquired or possessed firearm
or ammunition
Offender used loose firearm in
the commission of crime.
Licensed firearm owner who

carries gun outside of residence

without permit to carry weapon
outside of residence
Any person who unlawfully
manufactures, sells, imports,
acquires, disposes or possesses
firearms or ammunition or
instruments
Any laborer, worker, employee
of a licensed firearm dealer who
unlawfully takes, sells and sells,
or disposes 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.
a. Buyer/possessor
of stolen part or
material, who is
aware that such
part or material
was stolen is also
penalized.
Any
person
who
plants
evidence for the purpose of
implicating or incriminating the
person
or
imputing
the
commission of any violation of
this Acts to said individual.
Any person who fails to notify
lost or stolen firearm or light
weapon to PNPs FEO
Any person who transfers or
registers firearms to one who
has not obtained license or
permit thereof.
Any person who uses imitation

How Committed

firearm in the commission of a

crime.
1.
Unlawful acquisition or
possession of firearms and
ammunition
Aggravating Circumstances:
b. Loaded
with
ammunition
or
inserted with a
loaded magazine;
c. Fitted or mounted
with laser or any
gadget used to
guide the shooter
to hit the target
such as thermal
weapon
sight
(TWS) and the like
d. Fitted or mounted
with
spiner
scopes,
firearm
muffler or firearm
silencer.
e. Accompanied with
an extra barrel;
and
f. Converted to be
capable of firing
full
automatic
bursts.
2. Use of loose firearm in
the commission of a
crime considered as an
aggravating
circumstance
(R.A.
10591, Sec. 29):
Note: If violation is n
furtherance
of,
or
incident
to,
or
in
connection
with
the

crime
of
rebellion,
insurrection,
or
attempted coup d etat,
such violation shall be
absorbed as an element
of the crime of rebellion,
insurrection,
or
attempted coup d etat.
If the crime is committed
by the person without
using the loose firearm,
the violation shall be
considered as a distinct
and separate offense.
3. Carriage of registered
firearm
outside
of
residence by a licensed
person without any legal
authority therefor (R.A.
10591, Sec. 31)
4. Unlawful
manufacture,
sale,
importation,
acquisition,
disposition
or possession of firearms
or
ammunition
or
instruments (R.A 10591,
Sec. 32)
Note:
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 n the
unlawful/illegal manufacture of

firearms, ammunition or parts

thereof.
5. Unlawful taking, sale or
disposition
by
any
laborer,
worker,
employee of a licensed
firearm dealer 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.
Note: Buyer/possessor of such
stolen part or material, who is
aware that such part or
material was stolen is also
penalized.
6. Arms smuggling (Sec.
33)
7. Unlawful
tampering,
obliteration or alteration
of firearms identification
(Sec. 34)
8. Planting evidence or the
willful
and
malicious
insertion, placing and/or
attachment, directly or
indirectly, through any
overt or covert act, of
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 provision
of this Act to said
individual (Sec. 38)
9. Failure to notify lost or
stolen firearm or light
weapon to the Firearms
and Explosives Office
(FEO) of the PNP within
30 days from discovery
Sec. 40)
10. Failure to notify the FEO
of the PNP of a licensed
persons
change
of
residence
or
office
address, other than that
indicated in the license
card, within 30 days
from transfer;
11. Illegal
transfer
or
registration of firearms
to any person who has
not yet obtained or
secured the necessary
license or permit thereof.
Confiscation and Forfeiture (Sec. 37)
The imposition of penalty for any violation of this Act shall carry
with it the accessory penalty of confiscation and forfeiture of the
firearm ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which shall be disposed
of in accordance with law.
Anti-Trafficking in Persons Act of 2003
Republic Act No. 9208
Trafficking in persons
How committed:
1. By recruiting, transporting, transferring; harboring,
providing, or receiving a person by any means, including
those done under the pretext of domestic or overseas

2.

3.

4.

5.
6.

7.

8.

employment or training or apprenticeship, for the

purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt
bondage;
By introducing or matching 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;
By offering or contracting 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;
By undertaking or organizing tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
By maintaining or hiring a person to engage in
prostitution or pornography;
By adopting or facilitating the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt
bondage;
By recruiting, hiring, adopting, transporting or abducting
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
By recruiting, transporting or adopting a child to engage
in armed activities in the Philippines or abroad.

Promoting Trafficking in Persons

How committed:
1. By knowingly leasing or subleasing, using or allowing to
be used any house, building or establishment for the
purpose of promoting trafficking in persons;
2. By producing, printing and issuing or distributing
unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government

3.

4.

5.

6.

7.

agency which issues these certificates and stickers as

proof of compliance with government regulatory and predeparture requirements for the purpose of promoting
trafficking in persons;
By advertising, publishing, printing, broadcasting or
distributing, or causing 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;
By assisting 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;
By facilitating, assisting or helping 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;
By confiscating, concealing, or destroying 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
By knowingly benefiting 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.

Qualified Trafficking in Persons

How committed:
1. When the trafficked person is a child;
2. When the adoption is effected through Republic Act No.
8043, otherwise known as the "Inter-Country Adoption
Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large
scale;

4.

5.
6.
7.

When committed by a syndicate: If carried

out by a group of three (3) or more persons
conspiring or confederating with one
another.
When committed in large scale: If
committed against three (3) or more
persons, individually or as a group.
When the offender is an ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a
public officer or employee;
When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
When the offender is a member of the military or law
enforcement agencies; and
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).

Use of Trafficked Persons

How committed: By buying or engaging the services of
trafficked persons for prostitution.
ANTI-VIOLENCE ACT AGAINST WOMEN AND THEIR
CHILREN ACT OF 2004
REPUBLIC ACT NO. 9262
Violence against women and their children
Any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or
dating relationship or with whom he has a common child,
or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such

acts, battery, assault, coercion, harassment or arbitrary

deprivation of liberty.
Includes:
a. Physical violence;
o Acts that include bodily or physical harm.
b. Sexual violence
o Act which is sexual in nature, committed
against a woman or her child.
o Includes, but is not limited to:
1) Rape, sexual harassment, acts of
lasciviousness, treating a woman or
her child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the
sexual parts of the victim's body,
forcing her/him to watch obscene
publications and indecent shows or
forcing the woman or her child to do
indecent acts and/or make films
thereof, forcing the wife and
mistress/lover to live in the conjugal
home or sleep together in the same
room with the abuser;
2) Acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,
physical or other harm or threat of
physical or other harm or coercion;
3) Prostituting the woman or child.
c. Psychological violence
o Acts or omissions causing or likely to cause
mental or emotional suffering of the victim
such as but not limited to intimidation,
harassment, stalking, damage to property,
public ridicule or humiliation, repeated
verbal abuse and mental infidelity.
o Includes causing or allowing the victim:
1) To witness the physical, sexual or
psychological abuse of a member of
the family to which the victim
belongs, or
2) To witness pornography in any form
or

3) To witness abusive injury to pets or

to unlawful or unwanted deprivation
of the right to custody and/or
visitation of common children.
d. Economic abuse
o Acts that make or attempt to make a
woman
financially
dependent
which
includes, but is not limited to the following:
1) Withdrawal of financial support or
preventing the victim from engaging
in
any
legitimate
profession,
occupation, business or activity,
except in cases wherein the other
spouse/partner objects on valid,
serious and moral grounds as
defined in Article 73 of the Family
Code;
2) Deprivation or threat of deprivation
of financial resources and the right to
the use and enjoyment of the
conjugal, community or property
owned in common;
3) Destroying household property;
4) Controlling the victims' own money
or properties or solely controlling the
conjugal money or properties.
Acts of violence against women and their children:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. 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:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or
her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
c. Depriving or threatening to deprive the woman or
her child of a legal right;
d. Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own money or
properties, or solely controlling the conjugal or
common money, or properties;
6. Inflicting or threatening to inflict physical harm on oneself
for the purpose of controlling her actions or decisions;
7. 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;
8. 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:
a. Stalking or following the woman or her child in
public or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
d. Destroying the property and personal belongings
or inflicting harm to animals or pets of the woman
or her child; and
e. Engaging in any form of harassment or violence;
f. 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.
Anti-Child Pornography Act of 2009
Republic Act 9775
Approved: November 17, 2009
Child
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. A 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.
Child Pornography
Any public or private representation, by whatever means,
of a child engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a
child for primarily sexual purpose.
Child Pornography
Means and methods by which child pornography is
carried out:
1. As to form:
a. Visual depiction
Includes not only images of real
children but also digital image,
computer
image
or
computergenerated
image
that
is
indistinguishable from that of real
children engaging in an explicit
sexual activity.
Includes:
i.
Undeveloped
film
and
videotapes;

ii.

Data and/ or images stored on

a computer disk or by
electronic means capable of
conversion
into
a
visual
image;
iii.
Photograph,
film,
video,
picture, digital image or
picture, computer image or
picture, whether made or
produced
by
electronic,
mechanical or other means;
iv.
Drawings,
cartoons,
sculptures
or
paintings
depicting children; or
v.
Other
analogous
visual
depiction.
b. Audio representation of a person who is or
is represented as being a child and who is
engaged in or is represented as being
engaged in explicit sexual activity, or an
audio
representation
that
advocates,
encourages or counsels any sexual activity
with children.
Includes audio recordings and live
audio
transmission
conveyed
through whatever medium conveyed
whatever medium including real-time
internet communications.
c. Written text or material that advocates or
counsels explicit sexual activity with a child
and whose dominant characteristic is the
description, for a sexual purpose, of an
explicit sexual activity with a child.
2. As to content:
Includes representation of a person who is,
appears to be, or is represented as being a
child, the dominant characteristic of which
is the depiction, for a sexual purpose, of:
a. The sexual organ or the anal region,
or a representation thereof; or
b. The breasts, or a representation of
the breasts, of a female person.

Acts punishable:
1. To hire, employ, use, persuade, induce or coerce a child
to perform in the creation or production of any form of
child pornography;
2. To produce, direct, manufacture or create any form of
child pornography;
3. To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
4. To possess any form of child pornography with the intent
to sell, distribute, publish, or broadcast;
Possession of three (3) or more articles of child
pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
broadcast.
5. To knowingly, willfully and intentionally provide a venue
for the commission of prohibited acts as, but not limited
to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
6. For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
7. 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;
8. To engage in the luring or grooming of a child;
9. To engage in pandering of any form of child pornography;
10. To willfully access any form of child pornography;
11. To conspire to commit any of the prohibited stated;

Conspiracy to commit any form of child

pornography
o 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.
12. To possess any form of child pornography.
Anti-Hazing Law
Republic Act 8049
Approved: June 7, 1995.
Hazing

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.

Allowed Initiation Rites

Those that have prior written notice to the school
authorities or head of organization 7 days before the
conduct of such initiation.
o The written notice shall contain:
1. Period of the initiation activities which shall
not exceed 3 days;
2. Names of those to be subjected to such
activities; and
3. Undertaking that no physical violence be
employed by anybody.
Acts punishable: All acts so long as it caused physical injuries
at the very least.
Who is liable:
1. Officers and members of the fraternity, sorority or
organization who actually participated in the infliction of
physical harm;
Liable as principals if the person subjected to
hazing suffers any physical injury or dies as a
result thereof.
2. Owner of the place where the hazing is conducted, when
he has actual knowledge of the hazing conducted therein
but failed to take any action to prevent the same from
occurring;
Liable as an accomplice.
3. Parents, when they have actual knowledge of the hazing
conducted in the home of one of the officers or members
of the fraternity, sorority or organization, but failed to
prevent the same;
Liable as principals.
4. School authorities and faculty members, when they
consent to the hazing or have actual knowledge thereof,

but failed to take action to prevent the same from

occurring;
Liable as accomplices.
5. Officers, former officers or alumni of the organization,
group, fraternity or sorority, if they actually planned the
hazing, although not present when the acts constituting
the hazing were committed;
Liable as principals
6. Officers or member of the organization, group, fraternity
or sorority, if they knowingly cooperated in carrying out
the hazing by inducing the victim to be present thereat;
Liable as principals.
7. Fraternity or sororitys adviser, if he was present when
the acts constituting the hazing were committed and
failed to take any action to prevent the same.
Liable as principal.
Special Protection of Children Against Child Abuse,
Exploitation and Discrimination
Republic Act 7610, as amended.
Approved: June 17, 1992
Children
Persons who are:
1. Below 18 years of age; or
2. Over 18 years 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.
Child abuse
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.
Circumstances which gravely threaten or endanger the
survival and normal development of children
Include, but are not limited to, the following:
1. Being in a community where there is armed
conflict or being affected by armed conflict-related
activities;
2. Working under conditions hazardous to life, safety
and normal which unduly interfere with their
normal development;
3. Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or
a guardian or basic services needed for a good
quality of life;
4. Being a member of an 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 above stated
which endanger the life, safety or normal
development of children.
Acts punishable
1. Child prostitution and
other sexual abuse;

Who is liable/ How

committed
a. Those who engage in or
promote, facilitate or
induce child prostitution
which include, but are
not limited to, the
following:
i.
Acting
as
a
procurer
of
a
child prostitute;
ii.
Inducing
a
person to be a
client of a child
prostitute
by

means of written
or
oral
advertisements
or other similar
means;
iii.
Taking advantage
of influence or
relationship
to
procure a child
as prostitute;
iv.
Threatening
or
using
violence
towards a child
to engage him as
a prostitute; or
v.
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 or lascivious
conduct with a child
exploited in prostitution
or subject to other
sexual abuse; 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

2. Attempt to commit child

prostitution;

3. Child trafficking;

4. Attempt to commit child

trafficking;

license has been issued

to said establishment.
a. Any person who, not
being a relative of a
child, is found alone
with the said child
inside the room or
cubicle of a house, an
inn,
hotel,
motel,
pension
house,
apartelle
or
other
similar establishments,
vessel, vehicle or any
other
hidden
or
secluded area under
circumstances
which
would lead a reasonable
person to believe that
the child is about to be
exploited in prostitution
and other sexual abuse;
and
b. Any person who is
receiving services from
a child in a sauna parlor
or bath, massage clinic,
health club and other
similar establishments.
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.
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

b.

c.

d.

5. Engagement of children
in obscene publications
and indecent shows;

a.

Development or written
permit or justification
from the child's parents
or legal guardian;
When a person, agency,
establishment or childcaring
institution
recruits
women
or
couples to bear children
for the purpose of child
trafficking; or
When a doctor, hospital
or clinic official or
employee,
nurse,
midwife,
local
civil
registrar or any other
person simulates birth
for the purpose of child
trafficking; or
When a person engages
in the act of finding
children among lowincome
families,
hospitals,
clinics,
nurseries,
day-care
centers, or other childduring institutions who
can be offered for the
purpose
of
child
trafficking.
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

6. Other acts of neglect,

abuse,
cruelty
or
exploitation and other
conditions prejudicial to
the
childs
development;

b. 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
a. Any person who shall
commit any other acts
of child abuse, cruelty
or exploitation or to be
responsible for other
conditions prejudicial to
the
child's
development;
b. Any person who shall
keep or have in his
company
a
minor,
twelve (12) years or
under or who in ten (10)
years or more his junior
in any public or private
place, hotel, motel, beer
joint,
discotheque,
cabaret, pension house,
sauna
or
massage
parlor, beach and/or
other tourist resort or
similar places;
Does not apply to
any person who
is related within
the fourth degree
of consanguinity
or affinity or any
bond recognized
by
law,
local
custom
and
tradition or acts

c.

d.

e.

7. Engagement of children
in the worst forms of
child labor;

a.
b.

in
the
performance of a
social, moral or
legal duty.
Any person who shall
induce, deliver or offer
a minor to any one
prohibited by this Act to
keep or have in his
company a minor as
provided
in
the
preceding paragraph;
Any
person,
owner,
manager
or
one
entrusted
with
the
operation of any public
or private place of
accommodation,
whether for occupancy,
food, drink or otherwise,
including
residential
places, who allows any
person to take along
with him to such place
or places any minor;
Any person who shall
use, coerce, force or
intimidate a street child
or any other child to:
i.
Beg
or
use
begging
as
a
means of living;
ii.
Act as conduit or
middlemen
in
drug
trafficking
or pushing; or
iii.
Conduct
any
illegal activities.
All forms of slavery or
practices
similar
to
slavery;
Use,
procuring
or
offering of a child for

prostitution,
for
the
production
of
pornography
or
for
pornographic
performances;
c. Use,
procuring
or
offering of a child for
illegal or illicit activities;
or
d. Work which, by its
nature or circumstances
in which it is carried
out, is hazardous or
likely to be harmful to
the health, safety or
morals of children, such
that it:
i.
Debases,
degrades
or
demeans
the
intrinsic
worth
and dignity of a
child as a human
being;
ii.
Exposes the child
to
physical,
emotional
or
sexual abuse, or
is found to be
highly
stressful
psychologically
or may prejudice
morals;
iii.
Is
performed
underground,
underwater or at
dangerous
heights;
iv.
Involves the use
of
dangerous
machinery,
equipment
and
tools;
v.
Exposes the child

vi.

vii.

viii.
ix.

to
physical
danger or which
requires
the
manual transport
of heavy loads;
Is performed in
an
unhealthy
environment
exposing
the
child
to
hazardous
working
conditions,
elements,
substances, coagents
or
processes
involving
ionizing,
radiation,
fire,
flammable
substances,
noxious
components and
the like, or to
extreme
temperatures,
noise levels or
vibrations;
Is
performed
under
particularly
difficult
conditions;
Exposes the child
to
biological
agents; or
Involves
the
manufacturer or
handling
of
explosives
and
other pyrotechnic
products.

8. Employment of children
as
model
in
advertisement directly
or indirectly promoting
alcoholic
beverages,
intoxicating
drinks,
tobacco
and
its
byproducts, gambling or
any form of violence or
pornography; and

General Rule: No child below

15
years
shall
be
employed.
Exceptions:
a. When a child works
directly under the sole
responsibility
of
his
parents
or
legal
guardian and where
only members of the
employer's family are
employed;
Provided
that:
i.
Employment
neither
endangers
his
life, safety and
health
and
morals,
nor
impairs
his
normal
development;
and
ii.
Parent or legal
guardian
shall
provide the said
minor child with
the
prescribed
primary
and/or
secondary
education.
b. When
a
child's
employment
or
participation in public &
entertainment
or
information
through
cinema, theater, radio
or
television
is
essential; provided that:
i.
Employment
contract
concluded by the
child's parent or

ii.

iii.

iv.

guardian,
with
the
express
agreement of the
child concerned,
if possible, and
the approval of
the DOLE.
The
employer
shall ensure the
protection,
health,
safety
and morals of the
child;
Employer
shall
institute
measures
to
prevent
the
child's
exploitation
or
discrimination
taking
into
account
the
system and level
of remuneration,
and the duration
and arrangement
of working time;
and
Employer
shall
formulate
and
implement,
subject to the
approval
and
supervision
of
competent
authorities,
a
continuing
program
for
training and skill
acquisition of the
child.

Hours of Work of a Working

Child

Age
Below
15
years of age

15 years of
age
but
below 18

Hours of
Work
Not
more
than
20
hours
a
week; work
shall not be
more than 4
hours at any
given day.
Not allowed
to
work
between
8:00PM and
6:00AM
of
the following
day.
Not allowed
to work for
more than 8
hours a day
and in no
case beyond
40 hours a
week.
Not allowed
to
work
between
10:00PM and
6:00AM the
following
day.

9. Discrimination
of
children of indigenous
cultural communities.
Juvenile Justice and Welfare Act of 2006
Republic Act 9344, as amended by R.A. 10630

Approved: April 28, 2006

Child in Conflict with the Law
A child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
Rights of a Child in Conflict with the Law:
1. Right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment;
2. Right not to be imposed a sentence of capital punishment
or life imprisonment, without the possibility of release;
3. Right not to be deprived, unlawfully or arbitrarily, of
his/her liberty; detention or imprisonment being a
disposition of last resort, and which shall be for the
shortest appropriate period of time;
4. Right to be treated with humanity and respect, for the
inherent dignity of the person, and in a manner which
takes into account the needs of a person of his/her age;
A child deprived of liberty shall be separated from
adult offenders at all times. No child shall be
detained together with adult offenders. He shall be
conveyed separately to or from court. He shall
await hearing of his own case in a separate
holding area.
A child in conflict with the law shall have the right
to maintain contact with his/her family through
correspondence and visits, save in exceptional
circumstances.
5. Right to prompt access to legal and other appropriate
assistance, as well as the right to challenge the legality
of the deprivation of his/her liberty before a court or
other competent, independent and impartial authority,
and to a prompt decision on such action;
6. Right to bail and recognizance, in appropriate cases;
7. Right to testify as a witness in his/her own behalf under
the rule on examination of a child witness;
8. Right to have his privacy respected fully at all stages of
the proceedings;
9. Right to diversion if he is qualified and voluntarily avails
of the same;
10. Right to be imposed a judgment in proportion to the
gravity of the offense where his/her best interest, the
rights of the victim and the needs of society are all taken

into consideration by the court, under the principle of

restorative justice;
11. Right to have restrictions on his personal liberty limited
to the minimum, and where discretion is given by law to
the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as
the more appropriate penalty;
12. Right to automatic suspension of sentence;
13. Right to probation as an alternative to imprisonment, if
qualified under the Probation Law;
14. Right to be free from liability for perjury, concealment or
misrepresentation; and
15. Other rights as provided for under existing laws, rules
and regulations.
Ages and Corresponding Liability
Age
Criminal Liability
15 years of age and Exempt but shall
under at the time of undergo
the commission of intervention
the offense
program.
Above 15 years but Exempt but shall
below 18 years of undergo
age
without intervention
discernment
program.
Above 15 years but Subject to criminal
below 18 years of liability but shall
age
without undergo diversion
discernment
program.
At least 18 years of Subject to criminal
age
liability.

Civil Liability
Subject
to
civil
liability.
Subject
liability.

to

civil

Subject
liability.

to

civil

Subject
liability.

to

civil

Procedure:
Determination of Age
If 15 18 years old
without
discernment.
Subject to diversion
Subject to
program.
intervention
program.
If 15 18 years old
with discernment.

Juvenile justice and welfare system

If below 15.
Subjected to
intervention
program.

A system dealing with children at risk and children in

conflict with the law, which provides child-appropriate
proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and
aftercare
to
ensure
their
normal
growth
and
development.

Anti-Wiretapping Law
Republic Act 4200
Approved: June 19, 1965
Act punishable:
1. 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;
2. 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;
3. Willfully or knowingly does or who shall aid, permit, or
cause to be done any of the acts declared to be unlawful
or who violates the exceptions or of any order issued
thereunder, or aids, permits, or causes such violation.
Exceptions: Any peace officer, who is authorized by a written
order of the court, to execute any of the acts declared
unlawful in cases involving the crimes of:
1. Treason;
2. Espionage;
3. Provoking war and disloyalty in case of war;
4. Piracy;
5. Mutiny in the high seas;

6. Rebellion, conspiracy and proposal to commit

rebellion, inciting to rebellion;
7. Sedition, conspiracy to commit sedition, inciting to
sedition;
8. Kidnapping; and
9. Violations of CA616, punishing espionage and other
offenses against national security.

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.
Exception: Possession of clearance/ permit to sell/
use second hand articles.
o 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.

Who is liable:
1. 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.
Evidence of knowledge of insufficient funds
o 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 funds or
credit.
o Exceptions: If the maker or drawer:
a. Pays the holder thereof the amount
due thereon within 5 banking days
after receiving notice that such
check has not been paid by the
drawee; or
b. 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.
2. 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.

Bouncing Checks Law

Batas Pambansa 22
Approved: April 3, 1979

Anti-Carnapping Act of 1972

Republic Act of 6539, as amended by RA 7659
Approved: August 26, 1972

Anti-Fencing Law of 1979

Presidential Decree 1612
Approved: June 15, 1979
Fencing
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.

Carnapping
The taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or
by using force upon things.
If the motor vehicle was not taken by the offender but
was delivered by the owner or the possessor to the
offender, who thereafter misappropriated the same, the
crime is:
1. Qualified Theft only If the material or
physical possession was given to the
offender; or
2. Estafa only If the material plus juridical
possession were given to the offender.
Motor vehicle
Any vehicle propelled by any power other than muscular
power using the public highways, but excepting road
rollers, trolley cars, street-sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles,
which run only on rails or tracks, and tractors, trailers
and traction engines of all kinds used exclusively for
agricultural purposes.
o Trailers having any number of wheels, when
propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified
as separate motor vehicle with no power rating.
Registration
Every owner or possessor of unregistered motor vehicle
or parts thereof in knock down condition shall register
with the Land Transportation Commission the motor
vehicle engine, engine block and chassis in his name or
in the name of the real owner who shall be readily
available to answer any claim over the registered motor
vehicle engine, engine block or chassis.
All motor vehicle engines, engine blocks and chassis not
registered with the Land Transportation Commission shall
be considered as untaxed importation or coming from an
illegal source or carnapped, and shall be confiscated in
favor of the Government.

Duty of Collector of Customs

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.
Duty of importers, distributors and sellers of motor
vehicles
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.
Duty of manufacturers of engine blocks, chassis or body
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 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.
Clearance and permit

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.
Anti-Arson Law
Presidential Decree 1613

Kinds of Arson
1. Arson

2. Destructive Arson

How committed
When any person burns or sets
fire to the property of another,
or his own property under
circumstances which expose to
danger the life or property of
another.
Burning of:
a. Any ammunition factory
and other establishment
where
explosives,
inflammable
or
combustible
materials
are stored.
b. Any archive, museum,
whether
public
or
private, or any edifice
devoted
to
culture,
education
or
social
services.
c. Any church or place of

3. Other cases of Arson

worship
or
other
building where people
usually assemble.
d. Any train, airplane or
any aircraft, vessel or
watercraft,
or
conveyance
for
transportation
of
persons or property
e. Any
building
where
evidence is kept for use
in
any
legislative,
judicial, administrative
or
other
official
proceedings.
f. Any
hospital,
hotel,
dormitory,
lodging
house,
housing
tenement,
shopping
center, public or private
market,
theater
or
movie house or any
similar
place
or
building.
g. Any building, whether
used as a dwelling or
not,
situated
in
a
populated or congested
area.
Burning of:
a. Any building used as
offices
of
the
government or any of
its agencies;
b. Any inhabited house or
dwelling;
c. Any
industrial
establishment,
shipyard, oil well or
mine shaft, platform or
tunnel;
d. Any plantation, farm,
pastureland,
growing

crop,
grain
field,
orchard, bamboo grove
or forest;
e. Any rice mill, sugar mill,
cane mill or mill central;
and
f. Any railway or bus
station, airport, wharf or
warehouse.
Special Aggravating Circumstances on Arson:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards
the owner or occupant of the property burned;
4. If committed by a syndicate.
If it is planned or carried out by a group of three
(3) or more persons.
Prima Facie Evidence of Arson:
1. If the fire started simultaneously in more than one part of
the building or establishment.
2. If substantial amount of flammable substances or
materials are stored within the building not necessary in
the business of the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or
containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a
fire, or ashes or traces of any of the foregoing are found
in the ruins or premises of the burned building or
property.
4. If the building or property is insured for substantially
more than its actual value at the time of the issuance of
the policy.
5. If during the lifetime of the corresponding fire insurance
policy more than two fires have occurred in the same or
other premises owned or under the control of the
offender and/or insured.
6. If shortly before the fire, a substantial portion of the
effects insured and stored in a building or property had
been withdrawn from the premises except in the ordinary
course of business.

7. If a demand for money or other valuable consideration

was made before the fire in exchange for the desistance
of the offender or for the safety of the person or property
of the victim.
Anti-Photo and Video Voyeurism Act of 2009
Republic Act 9995
Approved: February 15, 2010
Photo or Video Voyeurism
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.
Acts punishable
1. To take photo or video
coverage of a person or
group
of
persons
performing sexual act or
any similar activity or to
capture an image of the
private
area
of
a
person/s such as the
naked or undergarment
clad genitals, public
area, buttocks or female
breast
without
the
consent of the person/s
involved
and
under
circumstances in which
the person/s has/have a
reasonable expectation

of privacy;
2. To copy or reproduce, or
to cause to be copied or
reproduced, such photo
or video or recording of
sexual act or any similar
activity with or without
consideration;
3. To sell or distribute, or
cause to be sold or
distributed, such photo
or video or recording of
sexual act, whether it
be the original copy or
reproduction thereof;
4. To publish or broadcast,

Prohibition applies even if

consent to record or take
photo or video coverage was
given by such person/s

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.