SPECIAL PENAL LAWS

CRIMINAL LAW REVIEW I

BP 22 ANTI BOUNCING CHECK
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on account or
for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid
reason, ordered the bank to stop payment, shall be punished by imprisonment of not less than thirty days but not more than
one (1) year or by a fine of not less than but not more than double the amount of the check which fine shall in no case
exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of the court.
Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf
of such drawer shall be liable under this Act.
Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability for
violation of any provision of the Revised Penal Code.
Supreme Court Administrative Circular No. 12-2000, as clarified by Administrative Circular No. 13-2001, established a rule of
preference in imposing penalties in B.P. 22 cases. Section 1 of B.P. 22 imposes the following alternative penalties for its
violation, to wit: (a) imprisonment of not less than 30 days but not more than one year; or (b) a fine of not less than but not
more than double the amount of the check which fine shall in no case exceed P200,000; or (c) both such fine and
imprisonment at the discretion of the court.
The rationale of Adm. Circular No. 12-2000 is found in our rulings in Eduardo Vaca vs. Court of Appeals30 and Rosa Lim vs.
People of the Philippines.31 We held in those cases that it would best serve the ends of criminal justice if, in fixing the penalty
to be imposed for violation of B.P. 22, the same philosophy underlying the Indeterminate Sentence Law is observed, i.e. that
of redeeming valuable human material and preventing unnecessary deprivation of personal liberty and economic usefulness
with due regard to the protection of the social order.
To be sure, it is not our intention to decriminalize violation of B.P. 22. Neither is it our intention to delete the alternative
penalty of imprisonment. The propriety and wisdom of decriminalizing violation of B.P. 22 is best left to the legislature and not
this Court. As clarified by Administrative Circular 13-2001, the clear tenor and intention of Administrative Circular No. 122000 is not to remove imprisonment as an alternative penalty, but to lay down a rule of preference in the application of the
penalties provided for in B.P. 22. Where the circumstances of the case, for instance, clearly indicate good faith or a clear
mistake of fact without taint of negligence, the imposition of a fine alone may be considered as the more appropriate penalty.
This rule of preference does not foreclose the possibility of imprisonment for violators of B.P. 22. Neither does it defeat the
legislative intent behind the law. Needless to say, the determination of whether the circumstances warrant the imposition of a
fine alone rests solely upon the judge. Should the judge decide that imprisonment is the more appropriate penalty,
Administrative Circular No. 12-2000 ought not to be deemed a hindrance. 32
We are not unaware of the importance of checks in commercial transactions. In commercial parlance, they have been widely
and fittingly known as the substitute of money and have effectively facilitated the smooth flow of commercial transactions.
Thus, the pernicious effects and repercussions of circulating worthless checks are simply unimaginable. It is for this reason
that B.P. 22 was enacted by the legislature, to penalize individuals who would place worthless checks in circulation and
degrade the value and importance of checks in commercial transactions.
Nevertheless, while we recognize the noble objective of B.P.22, we deem it proper to apply the philosophy underlying the
Indeterminate Sentence Law in imposing penalties for its violation. The gist of Administrative Circular No. 12-2000 is to
consider the underlying circumstances of the case such that if the situation calls for the imposition of the alternative penalty
of fine rather than imprisonment, the courts should not hesitate to do so.
In this case, we note that petitioners had exerted efforts to settle their obligations. The fact of returning the unencashed
checks to respondent indicates good faith on the part of petitioners. Absent any showing that petitioners acted in bad faith,
the deletion of the penalty of imprisonment in this case is proper
PD 46 PROHIBITION ON RECEIVING GIFTS INCLUDING CHRISTMAS
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated
September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby make it punishable for any public official
or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give,
or offer to give, any gift, present or other valuable thing to any occasion, including Christmas, when such gift, present or
other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors
or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee
concerned in the discharge of his official functions. Included within the prohibition is the throwing of parties or entertainments
in honor of the official or employees or his immediate relatives.
PD 483 BETTING GAME FIXING
Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder
indicated:
a. Betting money or any object or article of value or representative of value upon the result of any game, races and
other sports contest.

b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or
sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the
players or participants.
c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player
or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to
influence the result thereof in favor of one or other team, player or participant therein.
d. Game-machinations any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of any game, races or sport contest.
PD 532 ANTI PIRACY AND HIGHWAY ROBBERY
Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between
and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or
dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the seabed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.
b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another through
Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing.
c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof, or
railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or
circulation of persons or transportation of goods, articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means
of violence against or intimidation of persons or force upon things, committed by any person, including a passenger
or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall
be considered as pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful purposes, or the
taking away of the property of another by means of violence against or intimidation of person or force upon things of
other unlawful means, committed by any person on any Philippine Highway.
PD 533 ANTI CATTLE RUSTLING
WHEREAS, reports from the law-enforcement agencies reveal that there is a resurgence of thievery of large cattle, commonly
known as "cattle rustling", especially in the rural areas, thereby directly prejudicing the livelihood of the agricultural workers
and adversely affecting our food production program for self-sufficiency in rice, corn and other staple crops, as well as in fresh
meat;
Section 2. Definition of terms. The following terms shall mean and be understood to be as herein defined:
a. Large cattle as herein used shall include the cow, carabao, horse, mule, ass, or other domesticated member of the
bovine family.
b. Owner/raiser shall include the herdsman, caretaker, employee or tenant of any firm or entity engaged in the
raising of large cattle or other persons in lawful possession of such large cattle.
c. Cattle rustling is the taking away by any means, method or scheme, without the consent of the owner/raiser, of
any of the above-mentioned animals whether or not for profit or gain, or whether committed with or without violence
against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat or
hide without the consent of the owner/raiser.
Section 3. Duty of owner/raiser to register. The owner/raiser shall, before the large cattle belonging to him shall attain the
age of six months, register the same with the office of the city/municipal treasurer where such large cattle are raised. The
city/municipality concerned may impose and collect the fees authorized by existing laws for such registration and the issuance
of a certificate of ownership to the owner/raiser.
Section 5. Permit to buy and sell large cattle. No person, partnership, association, corporation or entity shall engage in the
business of buy and sell of large cattle without first securing a permit for the said purpose from the Provincial Commander of
the province where it shall conduct such business and the city/municipal treasurer of the place of residence of such person,
partnership, association, corporation or entity. The permit shall only be valid in such province.
Section 6. Clearance for shipment of large cattle. Any person, partnership, association, corporation or entity desiring to ship
or transport large cattle, its hides, or meat, from one province to another shall secure a permit for such purpose from the
Provincial Commander of the province where the large cattle is registered. Before issuance of the permit herein prescribed,
the Provincial Commander shall require the submission of the certificate of ownership as prescribed in Section 3 hereof, a
certification from the Provincial Veterinarian to the effect that such large cattle, hides or meat are free from any disease; and
such other documents or records as may be necessary. Shipment of large cattle, its hides or meat from one city/municipality
to another within the same province may be done upon securing permit from the city/municipal treasurer of the place of
origin.

Section 7. Presumption of cattle rustling. Every person having in his possession, control or custody of large cattle shall, upon
demand by competent authorities, exhibit the documents prescribed in the preceding sections. Failure to exhibit the required
documents shall be prima facie evidence that the large cattle in his possession, control or custody are the fruits of the crime
of cattle rustling.
PD 749 IMMUNITY TO GIVER OF BRIBES
WHEREAS, it has heretofore been virtually impossible to secure the conviction and removal of dishonest public servants owing
to the lack of witnesses: the bribe or gift-givers being always reluctant to testify against the corrupt public officials and
employees concerned for fear of being indicted and convicted themselves of bribery and corruption;
Section 1. Any person who voluntarily gives information about any violation of Articles 210, 211, and 212 of the Revised
Penal Code; Republic Act Numbered Three Thousand Nineteen, as amended; Section 345 of the Internal Revenue Code and
Section 3604 of the Tariff and Customs Code and other provisions of the said Codes penalizing abuse or dishonesty on the
part of the public officials concerned; and other laws, rules and regulations punishing acts of graft, corruption and other forms
of official abuse; and who willingly testifies against any public official or employee for such violation shall be exempt from
prosecution or punishment for the offense with reference to which his information and testimony were given, and may plead
or prove the giving of such information and testimony in bar of such prosecution: Provided; that this immunity may be
enjoyed even in cases where the information and testimony are given against a person who is not a public official but who is a
principal, or accomplice, or accessory in the commission of any of the above-mentioned violations: Provided, further, that this
immunity may be enjoyed by such informant or witness notwithstanding that he offered or gave the bribe or gift to the public
official or his accomplice for such gift or bribe-giving; and Provided, finally, that the following conditions concur:
1. The information must refer to consummated violations of any of the above-mentioned provisions of law, rules and
regulations;
2. The information and testimony are necessary for the conviction of the accused public officer;
3. Such information and testimony are not yet in the possession of the State;
4. Such information and testimony can be corroborated on its material points; and
5. The informant or witness has not been previously convicted of a crime involving moral turpitude.
Section 2. The immunity granted hereunder shall not attach should it turn out subsequently that the information and/or
testimony is false and malicious or made only for the purpose of harassing, molesting or in any way prejudicing the public
officer denounced. In such a case, the public officer so denounced shall be entitled to any action, civil or criminal, against said
informant or witness.
PD 1563 Mendicancy Law
WHEREAS, mendicancy breeds crime, creates traffic hazards, endangers health, and exposes mendicants to indignities and
degradation; and
Section 3. Definition Of Terms. As used in this Decree, the following shall, unless the context otherwise requires, be
construed thus:
a. "Mendicant" refers to any person, except those enumerated in Section 4 of this Decree, who has no visible and
legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to
some lawful calling and instead uses begging as a means of living.
b. "Exploited Infant" or "Child" refers to an infant or child 8 years and below who is used in begging or one who
accompanies a habitual vagrant or beggar.
c "Habitual Mendicant" refers to one who has been convicted of mendicancy under this Decree two or more times.
d. "Duly Licensed Child Placement Agency" or "Individual" is an institution or person licensed by the Department of
Social Services and Development to assume the care, custody, protection and maintenance of children for placement
in any child-caring institution or home under the care and custody of any person for purposes of adoption,
guardianship or foster care.
Section 5. Criminal Liability. A mendicant as defined in Paragraph (a) Section 3 hereof, shall, upon conviction, be punished
by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court.
A habitual mendicant shall be punished by a fine not exceeding P1,000.00 or by imprisonment for a period not exceeding 4
years or both at the discretion of the court.
Parents of exploited infants or minors under Section 4 of this Decree shall be proceeded against in accordance with Articles 59
and 60 of Presidential Decree No. 603, unless they are themselves mendicants.
Any person who abets mendicancy by giving alms directly to mendicants, exploited infants and minors on public roads,
sidewalks, parks and bridges shall be punished by a fine nor exceeding P20.00.
RA 1379 FORFEITURE LAW
Section 1. Definitions

(b) "Other legitimately acquired property" means any real or personal property, money or securities which the
respondent has at any time acquired by inheritance and the income thereof, or by gift inter vivos before his
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 respondent's
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 respondent's spouse, ascendants, descendants, relatives, or any other person.
2. Property unlawfully acquired by the respondent, but transferred by him to another person or persons on
or after the effectivity of this Act.
3. Property donated to the respondent during his incumbency, unless he can prove to the satisfaction of the
court that the donation is lawful.
Section 2. Filing of petition. 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, said property shall be presumed prima facie to have been unlawfully
acquired.
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: Provided, however, That the right
to file such petition shall prescribe after four years from the date of the resignation, dismissal or separation or expiration of
the term of the office or employee concerned, except as to those who have ceased to hold office within ten years prior to the
approval of this Act, in which case the proceedings shall prescribe after four years from the approval hereof.
Section 6. Judgment. If the respondent is unable to show to the satisfaction of the court that he has lawfully acquired the
property in question, then the court shall declare such property, forfeited in favor of the State, and by virtue of such judgment
the property aforesaid shall become property of the State: Provided, That no judgment shall be rendered within six months
before any general election or within three months before any special election. The Court may, in addition, refer this case to
the corresponding Executive Department for administrative or criminal action, or both.
Section 11. Laws on prescription. The laws concerning acquisitive prescription and limitation of actions cannot be invoked by,
nor shall they benefit the respondent, in respect of any property unlawfully acquired by him.
RA 3019 ANTI GRAFT
Section 2. Definition of terms.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member
of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the
fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing
law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter,
or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or
for another, from any person for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the help given
or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions
through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to
officers and employees of offices or government corporations charged with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested
in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest
or giving undue advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous
to the same, whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection
with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or
act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not participate in the action of the board, committee, panel or
group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which
they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or
not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who
is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account
of his official position to unauthorized persons, or releasing such information in advance of its authorized release
date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or
giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be
punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court,
from transacting business in any form with the Government.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act or
after assuming office, and within the month of January of every other year thereafter, as well as upon the
expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the
office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent
office, with the Office of the President, or in the case of members of the Congress and the officials and
employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn
statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his
personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That
public officers assuming office less than two months before the end of the calendar year, may file their statements in the
following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered One thousand
three hundred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or
in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his
other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse and
unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means
cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within the original
jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions
of this Act.
In Arias vs. Sandiganbayan, 7 this court, aware of the dire consequences that a different rule could bring, has aptly concluded:
We would be setting a bad precedent if a head of office plagued by all too common problems dishonest or
negligent subordinates, overwork, multiple assignments or positions, or plain incompetence is suddenly
swept into a conspiracy conviction simply because he did not personally examine every single detail,
painstakingly trace every step from inception, and investigate the motives of every person involved in a
transaction before affixing his signature as the final approving authority.
xxx xxx xxx
. . . . All heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of
those who prepare bids, purchase supplies, or enter into negotiations. . . . There has to be some added
reason why he should examine each voucher in such detail. Any executive head of even small government
agencies or commissions can attest to the volume of papers that must be signed. There are hundreds of
documents, letters, memoranda, vouchers, and supporting papers that routinely pass through his hands.
The number in bigger offices or departments is even more appalling.
RA 3060 MTRCB

Section 4. The decision of the Board either approving or disapproving for exhibition in the Philippines a motion picture, stills
and other pictorial advertisements submitted to it for examination and review must be rendered within a period of ten days
which shall be counted from the date of receipt by the Board of an application for that purpose, and actual receipt of the
motion picture, stills or other pictorial advertisements to be reviewed. A decision of the Board disapproving a motion picture
for exhibition in the Philippines must be in writing and shall state the reasons or grounds for such disapproval. No film or
motion picture intended for exhibition at movie houses or theaters or on television shall be disapproved by reason of its topic,
theme or subject-matter, but upon the merits of each picture considered in its entirety.
Section 5. Appeal from the decision of the Board shall be made to a committee composed of the Undersecretaries of Justice,
National Defense, and Education, within fifteen days from receipt of notice of decision appealed from.
Section 7. It shall be unlawful for any person or entity to exhibit or cause to be exhibited in any motion picture theater or
public place, or by television within the Philippines any motion picture, including trailers, stills, and other pictorial
advertisements in connection with motion pictures, not only passed by the Board; or to print or cause to be printed on any
motion picture to be exhibited in any theater, or public place or by television, a label or notice showing the same to have been
officially passed by the said Board when the same has not been previously authorized, except motion pictures imprinted or
exhibited by the Philippine Government and/or its departments and agencies, and newsreels.
Section 9. It shall be unlawful for any person below eighteen years of age to enter, to make use of any misrepresentation or
false evidence about his or her age in order to gain admission into, a movie house or theater or the showing of a motion
picture classified `for adults only' by the Board. And it shall be also unlawful for any employee of a movie house or theater to
sell to, or receive from, another person known to the former to be below eighteen years of age any admission ticket to the
exhibition of motion pictures classified as "for adults only". In case of doubt as to the age of the person seeking admission,
the latter shall be required to exhibit his or her residence certificate or other proof of age.
RA 6235 CIVIL AVIATION
Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine
registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the moment all its external
doors are closed following embarkation until any of such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or
usurp the control thereof while it is within the said territory.
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft operating as
a public utility within the Philippines, and explosive, flammable, corrosive or poisonous substance or material.
Section 5. As used in this Act
(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which by chemical
reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion. The term shall
include but not limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges and
other explosive materials, except bullets for firearm.
(2) "Flammable" is any substance or material that is highly combustible and self-igniting by chemical reaction and
shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds,
ammonium chlorate and other ammonium mixtures and other similar substances or materials.
(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical reaction wears
away, impairs or consumes any object. It shall include but not limited to alkaline battery fluid packed with empty
storage battery, allyl chloroformate, allytrichlorosilane, ammonium dinitro-orthocresolate and other similar materials
and substances.
(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or gaseous, which through
chemical reactions kills, injuries or impairs a living organism or person, and shall include but not limited to allyl
isothiocyanate, ammunition (chemical, non-explosive but containing Class A, B or poison), aniline oil, arsine,
bromobenzyle cyanide, bromoacetone and other similar substances or materials.

RA 6539 ANTI CARNAPPING

Section 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing or tampering with", "repainting", "bodybuilding", "remodeling", "dismantling", and "overhauling", as used in this Act, shall be understood, respectively, to mean
"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent,
or by means of violence against or intimidation of persons, or by using force upon things.
"Motor vehicle" is 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. 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.lawphi1
"Defacing or tampering with" a serial number is the erasing, scratching, altering or changing of the original factoryinscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any

motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from
that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that
motor vehicle shall be considered to have a defaced or tampered with serial number.
"Repainting" is changing the color of a motor vehicle by means of painting. There is repainting whenever the new
color of a motor vehicle is different from its color as registered in the Land Transportation Commission.
"Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a new body.
"Remodeling" is the introduction of some changes in the shape or form of the body of the motor vehicle.lawphi1
"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.
"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and
its parts from the body of the motor vehicle.

RA 6713 Code of Conduct for public officials

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the
following as standards of personal conduct in the discharge and execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest
over and above personal interest. All government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public
funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the
highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with
utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles
as dispensers or peddlers of undue patronage.
(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They
must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts
contrary to law, good morals, good customs, public policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on account of their office to their relatives whether by
consanguinity or affinity except with respect to appointments of such relatives to positions considered
strictly confidential or as members of their personal staff whose terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair
discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise provided by law or when required by the public interest,
public officials and employees shall provide information of their policies and procedures in clear and
understandable language, ensure openness of information, public consultations and hearings whenever
appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape
and develop an understanding and appreciation of the socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.
(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and
to the Filipino people, promote the use of locally produced goods, resources and technology and encourage
appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine
sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic
way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy
of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to
country above loyalty to persons or party.
(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to
their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any
form.
Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public officials and employees are
under obligation to:lawphi1.net
(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working
days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The
reply must contain the action taken on the request.
(b) Submit annual performance reports. - All heads or other responsible officers of offices and agencies of the
government and of government-owned or controlled corporations shall, within forty-five (45) working days from
the end of the year, render a performance report of the agency or office or corporation concerned. Such report
shall be open and available to the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be processed and
completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more
than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in
charge shall sign for and in their behalf.
(d) Act immediately on the public's personal transactions. - All public officials and employees must attend to anyone
who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously.
(e) Make documents accessible to the public. - All public documents must be made accessible to, and readily
available for inspection by, the public within reasonable working hours.
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public
official and employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any financial
or material interest in any transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency
shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless
expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided,
that such practice will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation
from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice
his profession in connection with any matter before the office he used to be with, in which case the one-year
prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge,
confidential or classified information officially known to them by reason of their office and not made available to the
public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or indirectly,
any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their
official duties or in connection with any operation being regulated by, or any transaction which may be affected by
the functions of their office.
As to gifts or grants from foreign governments, the Congress consents to:
(i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and
received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant
or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place
entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal
value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by
the head of office, branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection,
including pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs
subject to national security requirements.

RA 7080 CRIME OF PLUNDER

Section 1. Definition of Terms - As used in this Act, the term -

d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents,
subordinates and/or business associates by any combination or series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form
of pecuniary benefit 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 concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or
any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and
their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of
interest or participation including promise of future employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
Section 12, RA7659. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is hereby
amended to read as follows:
"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as
described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any
person who participated with the said public officer in the commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered
by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the
State."
Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall be within the original
jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be necessary to prove each and
every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten
wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall
unlawful scheme or conspiracy.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years. However, the
right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees
shall not be barred by prescription, laches, or estoppel.
Jose "Jinggoy" Estrada vs. Sandiganbayan22G.R. No. 148965, February 26, 2002.
THE ISSUE OF WHETHER OR NOT THE INFORMATION CHARGES MORE THAN ONE OFFENSE
According to the accused Estradas and Edward Serapio the information charges more than one offense, namely,
bribery (Article 210 of the Revised Penal Code), malversation of public funds or property (Article 217, Revised Penal
Code) and violations of Sec. 3(e) of Republic Act (RA No. 3019) and Section 7(d) of RA 6713.
This contention is patently unmeritorious. The acts alleged in the information are not charged as separate offenses
but as predicate acts of the crime of plunder.
It should be stressed that the Anti-Plunder law specifically Section 1(d) thereof does not make any express reference
to any specific provision of laws, other than R.A. No. 7080, as amended, which coincidentally may penalize as a
separate crime any of the overt or criminal acts enumerated therein. The said acts which form part of the
combination or series of act are described in their generic sense. Thus, aside from 'malversation' of public funds, the
law also uses the generic terms 'misappropriation', 'conversion' or 'misuse' of said fund. The fact that the acts
involved may likewise be penalized under other laws is incidental. The said acts are mentioned only as predicate acts
of the crime of plunder and the allegations relative thereto are not to be taken or to be understood as allegations
charging separate criminal offenses punished under the Revised Penal Code, the Anti-Graft and Corrupt Practices Act
and Code of Conduct and Ethical Standards for Public Officials and Employees." 25
This Court agrees with the Sandiganbayan. It is clear on the face of the amended Information that petitioner and his coaccused are charged only with one crime of plunder and not with the predicate acts or crimes of plunder. It bears stressing
that the predicate acts merely constitute acts of plunder and are not crimes separate and independent of the crime of plunder.
Resultantly then, the petition is dismissed.

RA 7610 Special Protection of Children Against Abuse

Section 3. Definition of Terms.
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any
other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution under Section
5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person
is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A PENALTY LOWER BY TWO (2) DEGREES than that prescribed for the consummated felony
under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the Revised Penal Code.
Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children including, but not limited
to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve
(12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under Section 7 of this
Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the
Department of Social Welfare and Development or written permit or justification from the child's parents or legal
guardian;
(b) When a pregnant woman executes an affidavit of consent for adoption for consideration;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for
the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.
Section 9. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use, persuade, induce or
coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene
publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its
medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in
its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child
to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section
shall suffer the penalty of prision mayor in its medium period.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603,
as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its
minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person who is RELATED WITHIN
THE FOURTH DEGREE OF CONSANGUINITY OR AFFINITY OR ANY BOND RECOGNIZED BY LAW, LOCAL
CUSTOM AND TRADITION OR ACTS IN THE PERFORMANCE OF A SOCIAL, MORAL OR LEGAL DUTY.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium
period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator
be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the
minor. under RPC Corruption of Minors
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person
to take along with him to such place or places any minor herein described shall be imposed a penalty of prision
mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to
operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and
263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years
of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended,
the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the
victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and
Development.
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal
of children as zones of peace.
Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority during evacuation as a
result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children
during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons
responsible for their safety and well-being.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child who has been arrested for
reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of the community as determined by the court.

RA 7877 ANTI SEXUAL HARASSMENT

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-related sexual
harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation, terms of
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating
or classifying the employee which in any way would discriminate, deprive ordiminish employment

opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors
and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who
cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable
under this Act.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or head of
office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment
committed in the employment, education or training environment if the employer or head of office, educational or training
institution is informed of such acts by the offended party and no immediate action is taken.
SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education or
training-related sexual harassment from instituting a separate and independent action for damages and other affirmative
relief.

RA 8049 ANTI-HAZING LAW

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations
such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or
psychological suffering or injury.
Sec. 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without
prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The
written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the
names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be
employed by anybody during such initiation rites.
Sec. 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result
thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of
physical harm shall be liable as principals.
The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the
hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home
of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when
they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from
occurring.
The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed
to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by
the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing
although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or
sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent
the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented
the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to
commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a
requirement for employment in the manner provided herein.

RA 8294 Illegal Possession of Firearms

Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments
used or intended to be used in the manufacture of firearms or ammunition. The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person
who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire
handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or
instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, That no other
crime was committed.
"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed
if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38
caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful
such as caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and
by burst of two or three: Provided, however, That no other crime was committed by the person arrested.
"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of rebellion or
insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the crime of
rebellion, or insurrection, sedition, or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any
public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms
owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or
firearms without any legal authority to be carried outside of their residence in the course of their employment.
"The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his
residence without legal authority therefor."
In the case of People vs. Cerdado, G.R. Nos. 134072-73, June 10, 2002, 383 SCRA 296, the Supreme Court ruled:

x x x In the case at bar, although the prosecution was able to establish that the crime of
illegal possession of firearm under P.D. No. 1866 had been committed by the accusedappellant, R.A. 8294 merely considers the use of an unlicensed firearm as a special
aggravating circumstance in murder or homicide, and not as a separate offense. Fortunately,
for the accused appellant, the use of an unlicensed firearm in the killing of the victim was
not alleged in the information for murder. Such being the case, the same could not be used
as an aggravating circumstance to warrant the imposition of the death penalty against the
accused-appellant. x x x

It was likewise held that Section 1 of R.A. 8294 further amended Section 1 of P.D. No.1866 which in part,
provides:

If homicide or murder is committed with the use of unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.
Under the above-quoted section, where murder or homicide is committed with the use of an
unlicensed firearm, the separate penalty for illegal possession of firearm shall no longer be meted out
since it becomes merely a special aggravating circumstance. The penalty for illegal possession of
firearms shall be imposed in all other cases where none of the crimes enumerated under R.A. No. 8294
is committed. The intent of the Congress is to treat the offense of illegal possession of firearm and the
commission of homicide or murder with the use of unlicensed firearms as single offense. (Ibid.)

<!--[if !supportLists]-->2.
<!--[endif]-->In another case People of the Philippines vs. Oscar Perez, G.R. No.
134485, October 23, 2003, 414 SCRA 107, the Highest Tribunal held:

x x x The appellants use of a firearm to consummate the crime cannot likewise be

considered as a special aggravating circumstance because there was no allegation in the
information that the appellant had no license to possess the same, as mandated by Section
9, Rule 110 of the Rules of Criminal procedure. The lack of a license to possess firearm is an
essential element of the crime of violation of P.D. No. 1866 as amended by R.A. 8294,
whether as an independent crime or as an aggravating circumstance in murder or homicide.
Hence, such circumstance can not aggravate the crime of murder and the penalty therefore,
otherwise, the appellant would be deprived of his right to be informed of the nature of the
charge against him. Although the crime was committed before the effectivity of the said
Rule, the same should be applied retroactively as it would be favorable to the appellant. x x
x

<!--[if !supportLists]-->3.
<!--[endif]-->Still in one case, People vs. Almeida, G.R. No. 146107-09,
December 11, 2003, 418 SCRA 254, Highest Court of the land pronounced:
x x x The court however, can not sustain appellants conviction for illegal possession of
ammunition. The ammunition was not found in the person of the appellant. They were
among the items seen lying on the floor and Vanessa and Gilbert were in that same room
with the appellant. Clearly, the evidence is insufficient to establish that said ammunition
belongs to appellant as it could have belonged to the other two person.
Furthermore in any event, the court has ruled in previous cases that in view of the
enactment of R.A. 8294, there can be no separate offense of illegal possession of firearms
and ammunition if there is another crime committed such as, in this case, that of illegal
possession of dangerous drug. x x x

<!--[if !supportLists]-->4.
<!--[endif]-->Still in another case, People vs. Ignas, G.R. Nos. 14051415, September 30, 2003, 412 SCRA 311, it was held:
x x x We find merit in the appellants contentions. It is not enough that the special
aggravating circumstance of use of unlicensed firearm be alleged in the information, the
matter must be proven with the same quantum of proof as the killing itself. Thus, the
prosecutor must prove: (1) the existence of the subject firearm; and (2) the fact the
accused who owned or possessed it does not have the corresponding license or permit to
own or possess the same. The records do not show that the prosecution presented any
evidence to prove that appellant is not a licensed holder of a caliber .38 firearm. The
prosecution failed to offer in evidence a certification from the Philippine National Police
Firearms and Explosive Division to show that appellant had no permit or license to own or
possess a .38 caliber handgun. Nor did it present the responsible police officer on the matter
of licensing as a prosecution witness. Absent the proper evidentiary proof, this court cannot
validly declare that the special aggravating circumstance of use of unlicensed firearm was
satisfactorily established by the prosecution. Hence, such special circumstance cannot be
considered for purposes of imposing the penalty in its maximum period. x x x
<!--[if !supportLists]-->5.
<!--[endif]-->The case of People vs. Balleras, G.R. No. 134564, June 26,
2002, 383 SCRA 429, revealed that:
x x x There is no basis for considering the use of an unlicensed firearm as an aggravating
circumstance. First, the subject firearm was not recovered. Second, R.A. No. 8294 cited by
the trial court which provides that if homicide or murder is committed with the use of an
unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating
circumstance has no application to this case. The said law took effect on July 6, 1997, after
the instant, crime was committed.
<!--[if !supportLists]-->6.
<!--[endif]-->People vs. Feloteo, G.R. No. 124212, September 17, 1998,
295 SCRA 607, reiterated the doctrine in People vs. Moliva, supra, which reads:
x x x In case homicide or murder is committed with the use of unlicensed firearm, such
use shall be considered merely as an aggravating circumstance. Clearly, the penalty for
illegal possession of high powered firearm is prision mayor in its minimum period and a fine
of P30,000.00.
The Supreme Court further rendered judgment to wit:
x x x The enactment of R.A. No. 8294 can be given retroactive effect as it favors the
appellant. x x x

RA 8505 RAPE VICTIM ASSISTANCE AND PROTECTION

Section 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof or of
his/her reputation shall not be admitted unless, and only to the extent that the court finds, that such evidence is material and
relevant to the case.

RA 8792 e commerce law

Section 5. Definition of Terms- For the purposes of this Act, the following terms are defined, as follows:
(e) "Electronic document" refers to information or the representation of information, data, figures, symbols or other
modes of written expression, described or however represented, by which a right is established or an obligation
extinguished, or by which a fact may be prove and affirmed, which is receive, recorded, transmitted, stored,
processed, retrieved or produced electronically.

RA 9165 SHABU
buy-and-bust operation - an undercover operation by narcotics detectives to catch unsuspecting drug dealers
Section 3. Definitions
(a) Administer. Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge,
by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in
administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of
medication.
(e) Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor
and essential chemical.
(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug
and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or
indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a
view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution
of that offense.
(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
(n) Drug Dependence. As based on the World Health Organization definition, it is a cluster of physiological, behavioral and
cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving,
among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination, or levels of use.
(o) Drug Syndicate. Any organized group of two (2) or more persons forming or joining together with the intention of
committing any offense prescribed under this Act.

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The penalty of life
imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines
any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part
thereof or substances derived therefrom even for floral, decorative and culinary purposes.
Section 18. Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to practice shall be imposed
upon the practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological
condition does not require the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized representatives of professional organizations of
practitioners, particularly those who are involved in the care of persons with severe pain.
Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act regardless of the imposable
penalty shall not be allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person convicted for
drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege
granted by the Probation Law or Presidential Decree No. 968, as amended.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to Section 15 of this Act,
any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory
examination or test within twenty-four (24) hours, if the apprehending or arresting officer has reasonable ground to
believe that the person apprehended or arrested, on account of physical signs or symptoms or other visible or outward
manifestation, is under the influence of dangerous drugs. If found to be positive, the results of the screening laboratory
examination or test shall be challenged within fifteen (15) days after receipt of the result through a confirmatory
test conducted in any accredited analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or
some such modern and accepted method, if confirmed the same shall be prima facie evidence that such person has
used dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of
this Act: Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court of law.
Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing the provisions of Article II of this
Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are hereby
empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of the
said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they
are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in
attendance at any school or class function in their official capacity as school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable
for violating any of said provisions, shall have the duty to report the same to the school head or immediate superior who
shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing,
constitute sufficient cause for disciplinary action by the school authorities.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program.
The period of prescription of the offense charged against a drug dependent under the compulsory submission
program shall not run during the time that the drug dependent is under confinement in a Center or otherwise
under the treatment and rehabilitation program approved by the Board.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over fifteen (15) years of
age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18)
years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may
be given the benefits of a suspended sentence
Section 90. Jurisdiction. The Supreme Court shall designate special courts from among the existing Regional Trial
Courts in each judicial region to exclusively try and hear cases involving violations of this Act. The number of courts
designated in each judicial region shall be based on the population and the number of cases pending in their respective
jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days
from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding
information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary
investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by
the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of
the information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of
the case for resolution.
RA 9208 ANTI-TRAFFICKING LAW
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with
or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or
the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be
considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding
paragraph.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of enticement,
violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and individuals which
consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists.
This includes sexual services and practices offered during rest and recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic materials
as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage,
fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a person
under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined
or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or
any representation of the sexual parts of a person for primarily sexual purposes.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the
following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the
pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided
for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or
debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of
utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was committed, or
where any of its elements occurred, or where the trafficked person actually resides at the time of the commission of the
offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other
courts.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for prostitution
shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty
thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand pesos
(P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided, however, That
trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released
from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall
commence to run again when such proceedings terminate without the accused being convicted or acquitted or
are unjustifiably stopped for any reason not imputable to the accused.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council Against
Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary of the
Department of Social Welfare and Development as Co-Chairperson
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate agencies, shall
have the primary responsibility for the repatriation of trafficked persons, regardless of whether they are documented or
undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make
representation with the host government for the extension of appropriate residency permits and protection, as may be legally
permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in persons
among extraditable offenses.

RA 9231 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE

Section 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections 12A, 12-B, 12-C, and 12-D to read as follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act, as amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week:
Provided, That the work shall not be more than four (4) hours at any given day;

"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8)
hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six
o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be
allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages, salaries, earnings and
other income of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her
support, education or skills acquisition and secondarily to the collective needs of the family: Provided, That not more
than twenty percent (20%) of the child's income may be used for the collective needs of the family.
Section 5. Section 14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be employed as a
model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts, gambling or any form of violence or pornography."
Section 8. Section 27 of the same Act is hereby amended to read as follows:
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against children as
enumerated herein may be filed by the following:
"(a) Offended party;
"(b) Parents or guardians;
"(c) Ascendant or collateral relative within the third degree of consanguinity;
"(d) Officer, social worker or representative of a licensed child-caring institution;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the violation occurred, where the child is residing or employed;
or
"(g) At least three (3) concerned, responsible citizens where the violation occurred."

RA 9262 VAWC LAW

SEC. 3. Definition of Terms.- As used in this Act, (a) "Violence against women and their children" refers to any act or a series
of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion, harrasment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:
A.
B.

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

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

rap, 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
victims body, forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

b.

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

c.

Prostituting the woman or child.

C.

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

D.

"Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:
1.

withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;

2.

deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3.

destroying household property;

4.

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

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the
purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.
SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is
committed through any of the following acts:
a.
b.

Causing physical harm to the woman or her child;

Threatening to cause the woman or her child physical harm;

c.

Attempting to cause the woman or her child physical harm;

d.

Placing the woman or her child in fear of imminent physical harm;

e.

Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the womans or her childs 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 womans or her childs movement or
conduct:
1.

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

2.

Depriving or threatening to deprive the woman or her children of financial support legally due her
or her family, or deliberately providing the womans children insufficient financial support;

3.

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

4.

Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victims own mon4ey or properties, or solely controlling the conjugal or common
money, or properties;

f.

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

g.

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

h.

Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be
limited to, the following acts:
1.

Stalking or following the woman or her child in public or private places;

2.

Peering in the window or lingering outside the residence of the woman or her child;

3.

Entering or remaining in the dwelling or on the property of the woman or her child against her/his
will;

i.

4.

Destroying the property and personal belongingness or inflicting harm to animals or pets of the
woman or her child; and

5.

Engaging in any form of harassment or violence;

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 womans child/children.

SEC. 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases
of violence against women and their children under this law. In the absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the
option of the compliant.
SEC. 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victims daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life. The provisions of the protection order shall be enforced
by law enforcement agencies. The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO).
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying
for, or the court from granting a TPO or PPO.
SEC. 9. Who may file Petition for Protection Orders. A petition for protection order may be filed by any of the following:
a.
b.

the offended party;

parents or guardians of the offended party;

c.

ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

d.

officers or social workers of the DSWD or social workers of local government units (LGUs);

e.

police officers, preferably those in charge of women and childrens desks;

f.

Punong Barangay or Barangay Kagawad;

g.

lawyer, counselor, therapist or healthcare provider of the petitioner;

h.

At least two (2) concerned responsible citizens of the city or municipality where the violence against women and
their children occurred and who has personal knowledge of the offense committed.

SEC. 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this Act shall be enforceable anywhere in the
Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty
Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
SEC. 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the
protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a)
and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on
the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on
the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a
Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay
was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the
issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the
respondent, or direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
SEC. 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the protection order issued by the
court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant
in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a
PPO.
SEC. 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to protection order issued by the court
after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall
not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the
respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice,
the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the

evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if
the same was not directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the
court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously
extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended
or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until
revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate
personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the
filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become
final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the
order might arise did not exist.
Sec. 20. Priority of Application for a Protection Order. Ex parte and adversarial hearings to determine the basis of
applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the
courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and,
if necessary, suspend other proceedings in order to hear applications for a protection order.
Sec. 21. Violation of Protection Orders. A complaint for a violation of a BPO issued under this Act must be filed directly with
any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the
barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial
court may motu proprio issue a protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute CONTEMPT OF COURT punishable
under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed.
Sect. 24. Prescription Period. Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts
falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
Sec. 25. Public Crime. Violence against women and their children shall be considered a public offense which may be
prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the
commission of the crime.
Sec. 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incure any criminal and civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the
commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
Sec. 27. Prohibited Defense. Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall
not be a defense under this Act.
Sec. 28. Custody of children. The woman victim of violence shall be entitled to the custody and support of her
child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to
the mother, with right to support, unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from
Battered woman syndrome.
SEC. 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order
to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of
the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall
not apply in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SEC. 36. Damages. Any victim of violence under this Act shall be entitled to actual, compensatory, moral and
exemplary damages.
SEC. 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days
in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when
the necessity arises as specified in the protection order.

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

RA 9344 JUVENILE JUSTICE ACT

SEC. 4. Definition of Terms.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to
the survival, protection and feelings of security of the child and most encouraging to the child's physical,
psychological and emotional development. It also means the least detrimental available alternative for safeguarding
the growth and development of the child.
(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation
of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated
into society. It also enhances public safety by activating the offender, the victim and the community in prevention
strategies.
(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer any
penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the
like.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention
program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced
in accordance with existing laws.
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody
is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately
release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said
authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in
consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered
nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of
Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child
referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused
by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for
involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be
considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on bail or recognizance
as provided for under Sections 34 and 35 under this Act. In all other cases and whenever possible, detention pending trial
may be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an
educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last
resort and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments,
pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.

In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a
local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the
court. The center or agency concerned shall be responsible for the child's appearance in court whenever required.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability
which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of
the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various chcumstances of the child, the court shall impose the
appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an adult shall not be
considered an offense and shall not be punished if committed by a child.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt from
prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent
with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate
counseling and treatment program.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal Code, as amended,
Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and other special laws
notwithstanding, no death penalty shall be imposed upon children in conflict with the law.
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning from the initial
contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile
delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks
and practices shall be allowed particularly with respect to the child's class or ethnic origin.

RA 9372 HUMAN SECURITY ACT

SEC. 3. Terrorism. Any person who commits an act punishable under any of the following provisions of the Revised Penal
Code:
1.
2.
3.
4.
5.
6.

Article
Article
Article
Article
Article
Article

122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
134 (Rebellion or Insurrection);
134-a (Coup dEtat), including acts committed by private persons;
248 (Murder);
267 (Kidnapping and Serious Illegal Detention);
324 (Crimes Involving Destruction,

or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty
of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.
SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. The provisions of Republic Act No.
4200 (Anti-wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his
team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind
or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other
suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written
words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of
any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients,
journalists and their sources and confidential business correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. The written order of the authorizing division of the Court of Appeals
to track down, tap, listen to, intercept, and record communications, messages, conversations, discussions, or spoken or
written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall only be
granted by the authorizing division of the Court of Appeals upon an ex parte written application of a police or of a law
enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to
file such ex parte application, and upon examination under oath or affirmation of the applicant and the witnesses he may

produce to establish: (a) that there is probable cause to believe based on personal knowledge of facts or circumstances that
the said crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or is about to be
committed; (b) that there is probable cause to believe based on personal knowledge of facts or circumstances that evidence,
which is essential to the conviction of any charged or suspected person for, or to the solution or prevention of, any such
crimes, will be obtained; and, (c) that there is no other effective means readily available for acquiring such evidence.
SEC. 10. Effective Period of Judicial Authorization. Any authorization granted by the authorizing division of the Court of
Appeals, pursuant to Sec. 9 (d) of this Act, shall only be effective for the length of time specified in the written order of the
authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the
written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-extendible
period, which shall not exceed thirty (30) days from the expiration of the original period: Provided, That the authorizing
division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and Provided, further, That
the ex parte application for extension or renewal, which must be filed by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal,
the one next in rank to the original applicant among the members of the team named in the original written order of the
authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Section 20 hereof, the applicant police or law
enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided
in the preceding paragraphs within which to file the appropriate case before the Public Prosecutors Office for any violation
of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify the
person subject of the surveillance, interception and recording of the termination of the said surveillance, interception and
recording. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify the person subject of the surveillance, monitoring, interception
and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. All tapes, discs, and recordings made pursuant to the
authorization of the authorizing division of the Court of Appeals, including all excerpts and summaries thereof as well as all
written notes or memoranda made in connection therewith, shall, within forty-eight (48) hours after the expiration of the
period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the
expiration of any extension or renewal granted by the authorizing division of the Court of Appeals,
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. The provisions of Article 125 of the Revised Penal Code
to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the
Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to
the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of
three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested, detained,
and taken into custody by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of the
crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of
bank deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism,
present him or her before any judge at the latters residence or office nearest the place where the arrest took place at any
time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law
enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the
reasons why they have arrested the person and determine by questioning and personal observation whether or not the
suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a
written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction
over the case of the person thus arrested. the judge shall forthwith submit his/her report within three (3) calendar days from
the time the suspect was brought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of
apprehension or arrest: Provided, That where the arrest is made during saturdays, sundays, holidays or after office hours, the
written notice shall be served at the residence of the judge nearest the place where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law
enforcement personnel who fails to notify any judge as provided in the preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. In the event of an actual or
imminent terrorist attack, suspects may not be detained for more than three (3) days without the written approval of a
municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the
Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays,
Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested
to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The
approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within
five (5) days after the date of the detention of the persons concerned: Provided, however, That within three (3) days after the
detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately.
SEC. 26. Restriction on Travel. In cases where evidence of guilt is not strong, and the person charged with the crime of
terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the
prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is
pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel

outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and
conditions of his bail, which shall then be forfeited as provided under the Rules of Court.
He or she may also be placed under house arrest by order of the court at his or her usual place of residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other means of
communications with people outside the residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed
against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused.
SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on Bank Deposits, Accounts, and
Records. The authorization issued or granted by the authorizing division of the Court of Appeals to examine or cause the
examination of and to freeze bank deposits, placements, trust accounts, assets, and records, or to gather information about
the same, shall be effective for the length of time specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing
division of the Court of Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for another period, which shall
not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the original period, provided that the
authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest, and provided
further that the application for extension or renewal, which must be filed by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.
SEC. 33. Disposition of Bank Materials. The sealed envelope or sealed package and the contents thereof, which are
deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared classified
information, and the sealed envelope or sealed package shall not be opened and its contents shall not be divulged, revealed,
read, or used as evidence unless authorized in a written order of the authorizing division of the Court of Appeals, which
written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division
of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application, with notice in writing to the party concerned not later than three (3) days before
the scheduled opening, to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer
the penalty of six (6) years and one day to eight (8) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. Any public officer who has direct custody of a detained person
under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the
escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day
to twenty (20) years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of
a competent court; and (b) six (6) years and one day to twelve (12) years of imprisonment, if the detained person has not
been convicted and sentenced in a final judgment of a competent court.
SEC. 48. Continuous Trial. In cases of terrorism or conspiracy to commit terrorism, the judge shall set the case for
continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall Be a Bar to Another Prosecution Under the Revised Penal Code or Any Special
Penal Laws. When a person has been prosecuted under a provision of this Act, upon a valid complaint or information or
other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge,
the acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or felony which
is necessarily included in the offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. Upon acquittal, any person who is accused of terrorism shall be
entitled to the payment of damages in the amount of Five Hundred Thousand Pesos (P500,000.00) for every day that he or
she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The amount of
damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that
brought or sanctioned the filing of the charges against the accused. It shall also be released within fifteen (15) days from the
date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the right of the
acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of
terrorism.
Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the
individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall suffer the penalty of six
(6) months of imprisonment.
If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation
shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned,
the amount shall be automatically included in the appropriations of the said agency for the coming year.
SEC. 53. Anti-Terrorism Council. An Anti-Terrorism Council, hereinafter referred to, for brevity, as the Council, is
hereby created. The members of the Council are: (1) the Executive Secretary, who shall be its chairperson; (2) the Secretary
of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense;
(5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor,
as its other members.

The Council shall implement this Act and assume the responsibility for the proper and effective implementation of the antiterrorism policy of the country. The Council shall keep records of its proceedings and decisions. All records of the Council shall
be subject to such security classifications as the Council may, in its judgment and discretion, decide to adopt to safeguard the
safety of the people, the security of the Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall define the powers,
duties, and functions of the National Intelligence Coordinating Agency as Secretariat of the Council. The National Bureau of
Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces of the
Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational Crime, and the Philippine National
Police intelligence and investigative elements shall serve as support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs, and
counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism.
Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or
authority.
SEC. 55. Role of the Commission on Human Rights. The Commission on Human Rights shall give the highest priority to the
investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this Act;
and for this purpose, the Commission shall have the concurrent jurisdiction to prosecute public officials, law enforcers, and
other persons who may have violated the civil and political rights of persons suspected of, accused of, or detained for the
crime of terrorism or conspiracy to commit terrorism.

RA 9775 ANTI CHILD PORNOGRAPHY

Section 3. Definition of Terms. (b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or
simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or simulated (1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral
to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the
offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any
form of child pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any means
any material or purported material that is intended to cause another to believe that the material or purported
material contains any form of child pornography, regardless of the actual content of the material or purported
material.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if carried out
by a group of three (3) or more persons conspiring or confederating with one another and shall be punished under Section
15(a) of this Act.
Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses punishable
under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court which has
territorial jurisdiction over the place where the offense or any of its essential elements was committed pursuant to Republic
Act No. 8369, otherwise known as "Family Courts Act of 1997".
Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational Organized Crime, the
DOJ may execute the request of a foreign state for assistance in the investigation or prosecution of any form of child
pornography by: (1) conducting a preliminary investigation against the offender and, if appropriate, to file the necessary
charges in court; (2) giving information needed by the foreign state; and (3) to apply for an order of forfeiture of any
proceeds or monetary instrument or properly located in the Philippines used in connection with child pornography in the
court; Provided, That if the DOJ refuses to act on the request of for delaying the execution thereof: Provided, further, That the
principles of mutuality and reciprocity shall, for this purpose, be at all times recognized.
Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor to include
child pornography among extraditable offenses in future treaties.

RA 9851 Crimes against IHL

Children as a Zone of Peace (CZOP) is a strategy that aims to provide humanitarian aid during conflict by prioritising the
rights of children
Section 3. For purposes of this Act, the term:
(a) "Apartheid' means inhumane acts committed in the context of an institutionalized regime of systematic
oppression and domination by one racial group or groups and committed with the intention of maintaining that
regime
(b) "Arbitrary deportation or forcible transfer of population" means forced displacement of the persons concerned by
expultion by expulsion or other coercive acts from the area in which they are lawfully present, without grounds
permitted under domestic or international law.
(c) "Armed conflict" means any use of force or armed violence between States or a protracted armed violence
between governmental authorities and organized armed groups or between such groups within that State: Provided,
That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12
August 1949, including their common Article 3, apply. Armed conflict may be international, that is, between two (2)
or more States, including belligerent occupation; or non-international, that is, between governmental authorities and
organized armed groups or between such groups within a state. It does not cover internal disturbances or tensions
such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(d) "Armed forces" means all organized armed forces, groups and units that belong to a party to an armed conflict
which are under a command responsible to that party for the conduct of its subordinates. Such armed forces shall be
subject to an internal disciplinary system which enforces compliance with International Humanitarian Law
(e) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of
acts referred to in Section 6 of this Act against any civilian population, pursuant to or in furtherance of a State or
organizational policy to commit such attack.
(f) "Effective command and control" or " effective authority and control" means having the material ability to prevent
and punish the commission of offenses by subordinates.
(g) "Enforced or involuntary disappearance of persons" means the arrest, detention, or abduction of persons by, or
with the authorization support or acquiescence of, a State or a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with
the intention of removing from the protection of the law for a prolonged period of time
(h) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person
and includes the exercise of such power in the course of trafficking in persons, in particular women and children.
(i) "Extermination" means the international infliction of conditions of life, inter alia, the deprivation of access to food
and medicine, calculated to bring about the destruction of a part of a population.
(j) " Forced pregnancy" means the unlawful confinement of a women to be forcibly made pregnant, with the intent of
affecting the ethnic composition of any population carrying out other grave violations of international law.

(k) "Hors de Combat" means a person who:

(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is
incapable of defending himself: Provided, that in any of these cases, the person form any hostile act and
does not attempt to escape.
(l) "Military necessity" means the necessity of employing measures which are indispensable to achieve a legitimate
aim of the conflict and are not otherwise prohibited by International Humanitarian Law
(m) "Non-defended locality" means a locality that fulfills the following conditions:
(1) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
(2) no hostile use of fixed military installations or establishments must have been made;
(3) no acts of hostility must have been committed by the authorities or by the population; and
(4) no activities in support of military operations, must have been undertaken.
(n) "No quarter will be given' means refusing to spare the life of anybody, even of persons manifestly unable to
defend themselves or who clearly express their intention to surrender.
(o) "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled to,
or is obliged to accord, protection under the rules of International Humanitarian Law, with the intent to betray that
confidence, including but not limited to: - also known as treachery
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and nigawas ni sa bar
(5) feigning protective status by use of signs, emblems or uniforms of the United Nations or of a neutral or
other State not party to the conflict.
(p) "Persecution" means the international and severe deprivation of fundamental rights contrary to international law
by reason of identity of the group or collectivity.
(q) "Protect person" in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether civilian or military;
(2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the
power of the adverse party;
(4) a person who, before the beginning of hostilities, was considered a stateless person or refugee under
the relevant international instruments accepted by the parties to the conflict concerned or under the
national legislation of the state of refuge or state of residence;
(5) a member of the medical personnel assigned exclusively to medical purposes or to the administration of
medical units or to the operation of or administration of medical transports; or
(6) a member of the religious personnel who is exclusively engaged in the work of their ministry and
attached to the armed forces of a party to the conflict, its medical units or medical transports, or nondenominational, noncombatant military personnel carrying out functions similar to religious personnel.
(r) " Superior" means:
(1) a military commander or a person effectively acting as a military commander; or
(2) any other superior, in as much as the crimes arose from activities within the effective authority and
control of that superior.

(s) "Torture" means the intentional infliction of severe pain or suffering, whether physical, mental, or psychological,
upon a person in the custody or under the control of the accused; except that torture shall not include pain or
suffering arising only from, inherent in or incidental to, lawful sanctions.
(t) "Works and installations containing dangerous forces" means works and installations the attack of which may
cause the release of dangerous forces and consequent severe losses among the civilian population, namely: dams,
dikes, and nuclear, electrical generation stations.
Section 9. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without any distinction based on
official capacity. In particular, official capacity as a head of state or government, a member of a government or parliament, an
elected representative or a government official shall in no case exempt a person from criminal responsibility under this Act,
nor shall it, in and of itself, constitute a ground for reduction of sentence. However:
(a) Immunities or special procedural rules that may be attached to the official capacity of a person under Philippine
law other than the established constitutional immunity from suit of the Philippine President during his/her tenure,
shall not bar the court from exercising jurisdiction over such a person; and
(b) Immunities that may be attached to the official capacity of a person under international law may limit the
application of this Act, nut only within the bounds established under international law.
Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for crimes defined and
penalized under this Act, a superior shall be criminally responsible as a principal for such crimes committed by subordinates
under his/her effective command and control, or effective authority and control as the case may be, as a result of his/her
failure to properly exercise control over such subordinates, where:
(a) That superior either knew or, owing to the circumstances at the time, should have known that the subordinates
were committing or about to commit such crimes;
(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress
their commission or to submit the matter to the competent authorities for investigation and prosecution.
Section 11. Non-prescription. - The crimes defined and penalized under this Act, their prosecution, and the execution of
sentences imposed on their account, shall not be subject to any prescription.
Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this Act has been committed by a
person pursuant to an order of a government or a superior, whether military or civilian, shall not relieve that person of
criminal responsibility unless all of the following elements occur:
(a) The person was under a legal obligation to obey orders of the government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly unlawful.
Section 17. Jurisdiction.- The State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused
of a crime defined and penalized in this Act, regardless of where the crime is committed, provided, any one of the following
conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime
punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the
prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines
to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes
defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the same
offense and acquitted, or having been convicted, already served their sentence.
Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of the Philippines shall have original
and exclusive jurisdiction over the crimes punishable under this Act. Their judgments may be appealed or elevated to the
Court of Appeals and to the Supreme Court as provided by law.
RA 9995 PHOTO AND VIDEO VOYEURISM
Section 3. Definition of Terms.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing an image of the private area of a person or persons

without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar
means or device without the written consent of the person/s involved, notwithstanding that consent to record or take
photo or video coverage of same was given by such person's.
(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she could
disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or
circumstances in which a reasonable person would believe that a private area of the person would not be visible to
the public, regardless of whether that person is in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or
to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or
any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video
coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video
voyeurism as defined herein.
Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by any person in
violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.1avvphi1

Art. 202. Vagrants and prostitutes; penalty. The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to
apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the
country or the streets without visible means of support;
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate
with prostitutes;
4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any
inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not
exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum
period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.

Neutral reportage is a common law defense against libel and defamation law suits usually involving the media republishing
unproven accusations about public figures.[1] It is a limited exception to the common law rule that one who repeats a
defamatory statement is just as guilty as the first person who published it. [2]
Using this defense a defendant can claim that they are not implying the offending statement is true but simply reporting in a
neutral manner that the potentially libelous statements were made even if they doubt the accuracy of the statement. For the
defence to succeed, it is almost always required that the reporting is unbiased and in the public interest. [
Fair comment is defined as a "common law defense [that] guarantees the freedom of the press to express statements on
matters of public interest, as long as the statements are not made with ill will, spite, or with the intent to harm the plaintiff