Special Laws

[REPUBLIC ACT NO.
10630]
AN ACT STRENGTHENING THE JUVENILE
JUSTICE SYSTEM IN THE PHILIPPINES,
AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9344, OTHERWISE KNOWN AS THE
JUVENILE JUSTICE AND WELFARE ACT OF
2006 AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled:
SECTION 1. The Title of Republic Act No. 9344 is
hereby amended to read as follows: An Act Establishing
a Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile justice and Welfare Council under
the Department of Social Welfare and Development,
Appropriating Funds Therefor, and for Other Purposes.
SEC. 2. Section 4 of Republic Act No. 9344 is hereby
amended to read as follows:
SEC. 4. Definition of Terms. The following terms as
used in this Act shall be defined as follows:
x
(s) Bahay Pag-asa refers to a 24-hour child-caring

institution established, funded and managed by local
government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing shortterm residential care for children in conflict with the law
who are above fifteen (15) but below eighteen (18) years
of age who are awaiting court disposition of their cases
or transfer to other agencies or jurisdiction.
Part of the features of a Bahay Pag-asa is an intensive
juvenile intervention and support center. This will cater
to children in conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.
A multi-disciplinary team composed of a social worker,
a psychologist/mental health professional, a medical
doctor, an educational/guidance counselor and a
Barangay Council for the Protection of Children (BCPC)
member shall operate the Bahay Pag-asa. The team will
work on the individualized intervention plan with the
child and the childs family.
x
x.

SEC. 6. Minimum Age of Criminal Responsibility. A
child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child is deemed to be fifteen (15) years of age on the
day of the fifteenth anniversary of his/her birthdate.
A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability herein established
does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.
SEC. 8. Juvenile Justice and Welfare Council (JJWC).

A Juvenile Justice and Welfare Council (JJWC) is hereby
created and attached to the Department of Social Welfare
and Development and placed under its administrative
supervision. The JJWC shall be chaired by an
Undersecretary of the Department of Social Welfare and
Development.
It
shall
ensure
the
effective
implementation of this Act and coordination among the
following agencies:
(a) Department of Justice (DOJ);
(b) Council for the Welfare of Children (CWC);
(c) Department of Education (DepED);
(d) Department of the Interior and Local Government
(DILG);
(e) Public Attorneys Office (PAO);
(f) Bureau of Corrections (BUCOR);
(g) Parole and Probation Administration (PPA);
(h) National Bureau of Investigation (NBI);
(i) Philippine National Police (PNP);
(j) Bureau of Jail Management and Penology (BJMP);
(k) Commission on Human Rights (CHR);
(l) Technical Education and Skills Development
Authority (TESDA);
(m) National Youth Commission (NYC); and
(n) Other institutions focused on juvenile justice and
intervention programs.
The JJWC shall be composed of representatives, whose
ranks shall not be lower than director, to be designated
by the concerned heads of the following departments or
agencies and shall receive emoluments as may be
determined by the Council in accordance with existing
budget and accounting rules and regulations:
(1) Department of Justice (DOJ);
(2) Department of Social Welfare and Development
(DSWD);
(3) Council for the Welfare of Children (CWC);
(4) Department of Education (DepED);
(5) Department of the Interior and Local Government
(DILG);
(6) Commission on Human Rights (CHR);
(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs, to be
designated by the Secretary of Social Welfare and
Development, to be selected based on the criteria
established by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the League of
Provinces, League of Cities, League of Municipalities
and League of Barangays.
There shall be a Regional Juvenile Justice and Welfare
Committee (RJJWC) in each region. The RJJWCs will be
under the administration and supervision of the JJWC.
The RJJWC shall be chaired by the director of the
regional office of the DSWD. It shall ensure the effective
implementation of this Act at the regional and LGU
levels and the coordination among its member agencies.

The RJJWC will be composed of permanent
representatives who shall have a rank not lower than an
assistant regional director or its equivalent to be
designated by the concerned department heads from the
following agencies and shall receive emoluments as may
be determined by the Council in accordance with existing
budget and accounting rules and regulations:
(i) Department of Justice (DOJ);
(ii) Department of Social Welfare and Development
(DSWD);
(iii) Department of Education (DepED);
(iv) Department of the Interior and Local Government
(DILG);
(v) Commission on Human Rights (CHR);
(vi) Department of Health (DOH);
(vii) Two (2) representatives from NGOs operating
within the region selected by the RJJWC based on the
criteria established by the JJWC;
(viii) One (1) sectoral representative from the children
or youth sector within the region; and
(ix) One (1) representative from the League of
Provinces/ Cities/ Municipalities/ Barangays of the
Philippines.
The JJWC shall convene within fifteen (15) days from
the effectivity of this Act. The Secretary of Social
Welfare and Development shall determine the
organizational structure and staffing pattern of the JJWC
national secretariat and the RJJWC secretariat.
In the implementation of this Act, the JJWC shall
consult with the various leagues of local government
officials.
The JJWC shall coordinate with the Office of the Court
Administrator and the Philippine Judicial Academy to
ensure the realization of its mandate and the proper
discharge of its duties and functions, as herein provided.
(f) To consult with the various leagues of local

government officials in the formulation and
recommendation of policies and strategies for the
prevention of juvenile delinquency and the promotion of
juvenile justice and welfare;
(g) To formulate and recommend policies and strategies
in consultation with children for the prevention of
juvenile delinquency and the administration of justice, as
well as for the treatment and rehabilitation of the
children in conflict with the law;
(h) To collect relevant information and conduct
continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare,
such as, but not limited to:
(1) The performance and results achieved by juvenile
intervention programs and by activities of the local
government units and other government agencies;
(2) The periodic trends, problems and causes of juvenile
delinquency and crimes; and
(3) The particular needs of children in conflict with the
law in custody.
The data gathered shall be used by the JJWC in the
improvement of the administration of juvenile justice and
welfare system.
The JJWC shall submit an annual report to Congress on
the implementation of the provisions of this Act.
The JJWC shall set up a mechanism to ensure that
children are involved in research and policy
development.
(i) Through duly designated persons and with the
assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and
rehabilitation facilities and to undertake spot inspections
on their own initiative in order to check compliance with
the standards provided herein and to make the necessary
recommendations to appropriate agencies;
SEC.5. Section 9 of Republic Act No. 9344 is hereby

(j) To initiate and coordinate the conduct of trainings for

the personnel of the agencies involved in the
administration of the juvenile justice and welfare system
and the juvenile intervention program;
SEC. 9. Duties and Functions of the JJWC. The JJWC

shall have the following duties and functions:
(k) To submit an annual report to the President on the

implementation of this Act; and
(a) To oversee the implementation of this Act;
(l) To perform such other functions as may be necessary

to implement the provisions of this Act.
(b) To advise the President on all matters and policies

relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and
redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of
this Act;
(d) To periodically develop a comprehensive 3 to 5-year
national juvenile intervention program, with the
participation of government agencies concerned, NGOs
and youth organizations;
(e) To coordinate the implementation of the juvenile
intervention programs and activities by national
government agencies and other activities which may
have an important bearing on the success of the entire
national juvenile intervention program. All programs
relating to juvenile justice and welfare shall be adopted
in consultation with the JJWC;
SEC. 9-A. Duties and Functions of the RJJWC. The

RJJWC shall have the following duties and functions:
(a) To oversee and ensure the effective implementation
of this Act at the regional level and at the level of the
LGUs;
(b) To assist the concerned agencies in the
implementation and in compliance with the JJWCs
adopted policies/regulations or provide substantial inputs
to the JJWC in the formulation of new ones in line with
the provisions of this Act;
(c) To assist in the development of the comprehensive 3
to 5-year local juvenile intervention program, with the
participation of concerned LGUs, NGOs and youth
organizations within the region and monitor its
implementation;
(d) To coordinate the implementation of the juvenile

intervention programs and activities by national
government agencies and other activities within the
region;
(e) To oversee the programs and operation of the
intensive juvenile intervention and support center
established within the region;
(f) To collect relevant regional information and conduct
continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare
within the region, such as, but not limited to:
(1) Performance and results achieved by juvenile
intervention programs and by activities of the LGUs and
other government agencies within the region;
(2) The periodic trends, problems and causes of juvenile
delinquency and crimes from the LGU level to the
regional level; and
(3) The particular needs of children in conflict with the
law in custody within their regional jurisdiction.
The data gathered shall be forwarded by the RJJWC to
the JJWC on an annual basis and as may be deemed
necessary by the JJWC.
(g) Through duly designated persons and with the
assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and
rehabilitation facilities within the region and to undertake
spot inspections on their own initiative in order to check
compliance with the standards provided herein and to
make the necessary reports and recommendations to
appropriate agencies and to the JJWC;
(h) To initiate and coordinate the conduct of trainings
for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system
and the juvenile intervention program within the region;
(i) To submit an annual report to the JJWC on the
implementation of this Act; and
(j) To perform such other functions as may be
determined by the JJWC to implement the provisions of
this Act.
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, in consultation with the local social welfare and
development officer, has the duty to immediately release
the child to the custody of his/her parents or guardian, or
in the absence thereof, the childs nearest relative. The
child shall be subjected to a community-based
intervention program supervised by the local social
welfare and development officer, unless the best interest
of the child requires the referral of the child to a youth
care facility or Bahay Pag-asa managed by LGUs or
licensed and/or accredited NGOs monitored by the
DSWD.
The local social welfare and development officer shall
determine the appropriate programs for the child who has
been released, in consultation with the child and 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) A duly registered nongovernmental or religious
organization;
(b) A barangay official or a member of the Barangay
Council for the Protection of Children (BCPC);
(c) A local social welfare and development officer; or,
when and where appropriate, the DSWD.
If the child has been found by the local social welfare
and development officer to be dependent, abandoned,
neglected or abused by his/her parents and the best
interest of the child requires that he/she be placed in a
youth care facility or Bahay Pag-asa, the childs parents
or guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, That if the
child has no parents or guardians or if they refuse or fail
to execute the written authorization for voluntary
commitment, the proper petition for involuntary
commitment shall be immediately filed by the DSWD or
the Local Social Welfare and Development Office
(LSWDO) pursuant to Presidential Decree No. 603, as
amended, otherwise known as The Child and Youth
Welfare Code and the Supreme Court rule on
commitment of children: Provided, further, That the
minimum age for children committed to a youth care
facility or Bahay Pag-asa shall be twelve (12) years
old.
SEC. 20-A. Serious Crimes Committed by Children
Who Are Exempt From Criminal Responsibility. A
child who is above twelve (12) years of age up to fifteen
(15) years of age and who commits parricide, murder,
infanticide, kidnapping and serious illegal detention
where the victim is killed or raped, robbery, with
homicide or rape, destructive arson, rape, or carnapping
where the driver or occupant is killed or raped or
offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as
amended, and shall be mandatorily placed in a special
facility within the youth care faculty or Bahay Pag-asa
called the Intensive Juvenile Intervention and Support
Center (IJISC).
In accordance with existing laws, rules, procedures and
guidelines, the proper petition for involuntary
commitment and placement under the IJISC shall be filed
by the local social welfare and development officer of the
LGU where the offense was committed, or by the DSWD
social worker in the local social welfare and development
officers absence, within twenty-four (24) hours from the
time of the receipt of a report on the alleged commission
of said child. The court, where the petition for
involuntary commitment has been filed shall decide on
the petition within seventy-two (72) hours from the time
the said petition has been filed by the DSWD/LSWDO.
The court will determine the initial period of placement
of the child within the IJISC which shall not be less than
one (1) year. The multi-disciplinary team of the IJISC
will submit to the court a case study and progress report,
to include a psychiatric evaluation report and recommend
the reintegration of the child to his/her family or the
extension of the placement under the IJISC. The multidisciplinary team will also submit a report to the court on
the services extended to the parents and family of the
child and the compliance of the parents in the
intervention program. The court will decide whether the

child has successfully completed the center-based
intervention program and is already prepared to be
reintegrated with his/her family or if there is a need for
the continuation of the center-based rehabilitation of the
child. The court will determine the next period of
assessment or hearing on the commitment of the child.
SEC. 20-B. Repetition of Offenses. A child who is
above twelve (12) years of age up to fifteen (15) years of
age and who commits an offense for the second time or
oftener: Provided, That the child was previously
subjected to a community-based intervention program,
shall be deemed a neglected child under Presidential
Decree No. 603, as amended, and shall undergo an
intensive intervention program supervised by the local
social welfare and development officer: Provided,
further, That, if the best interest of the child requires that
he/she be placed in a youth care facility or Bahay Pagasa, the childs parents or guardians shall execute a
written authorization for the voluntary commitment of
the child: Provided, finally, That if the child has no
parents or guardians or if they refuse or fail to execute
the written authorization for voluntary commitment, the
proper petition for involuntary commitment shall be
immediately filed by the DSWD or the LSWDO pursuant
to Presidential Decree No. 603, as amended.
SEC. 20-C. Exploitation of Children for Commission of
Crimes. Any person who, in the commission of a
crime, makes use, takes advantage of, or profits from the
use of children, including any person who abuses his/her
authority over the child or who, with abuse of
confidence, takes advantage of the vulnerabilities of the
child and shall induce, threaten or instigate the
commission of the crime, shall be imposed the penalty
prescribed by law for the crime committed in its
maximum period.
SEC. 20-D. Joint Parental Responsibility. Based on
the recommendation of the multi-disciplinary team of the
IJISC, the LSWDO or the DSWD, the court may require
the parents of a child in conflict with the law to undergo
counseling or any other intervention that, in the opinion
of the court, would advance the welfare and best interest
of the child.
As used in this Act, parents shall mean any of the
following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the child.
A court exercising jurisdiction over a child in conflict
with the law may require the attendance of one or both
parents of the child at the place where the proceedings
are to be conducted.
The parents shall be liable for damages unless they
prove, to the satisfaction of the court, that they were
exercising reasonable supervision over the child at the
time the child committed the offense and exerted
reasonable effort and utmost diligence to prevent or
discourage the child from committing another offense.
SEC. 20-E. Assistance to Victims of Offenses
Committed by Children. The victim of the offense
committed by a child and the victims family shall be
provided the appropriate assistance and psychological
intervention by the LSWDO, the DSWD and other
concerned agencies.
SEC. 22. Duties During Initial Investigation. The law
enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict
with the law should be referred.
The taking of the statement of the child shall be
conducted in the presence of the following: (1) childs
counsel of choice or in the absence thereof, a lawyer
from the Public Attorneys Office; (2) the childs parents,
guardian, or nearest relative, as the case may be; and (3)
the local social welfare and development officer. In the
absence of the childs parents, guardian, or nearest
relative, and the local social welfare and development
officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group,
or member of the BCPC.
The social worker shall conduct an initial assessment to
determine the appropriate interventions and whether the
child acted with discernment, using the discernment
assessment tools developed by the DSWD. The initial
assessment shall be without prejudice to the preparation
of a more comprehensive case study report. The local
social worker shall do either of the following:
(a) Proceed in accordance with Section 20 if the child is
fifteen (15) years or below or above fifteen (15) but
below eighteen (18) years old, who acted without
discernment; and
(b) If the child is above fifteen (15) years old but below
eighteen (18) and who acted with discernment, proceed
to diversion under the following chapter.
SEC. 33. Preliminary Investigation and Filing of
Information. The prosecutor shall conduct a
preliminary investigation in the following instances: (a)
when the child in conflict with the law does not qualify
for diversion; (b) when the child, his/her parents or
guardian does not agree to diversion as specified in
Sections 27 and 28; and (c) when considering the
assessment and recommendation of the social worker, the
prosecutor determines that diversion is not appropriate
for the child in conflict with the law.
Upon serving the subpoena and the affidavit of
complaint, the prosecutor shall notify the Public
Attorneys Office of such service, as well as the personal
information, and place of detention of the child in
conflict with the law.
Upon determination of probable cause by the
prosecutor, the information against the child shall be
filed before the Family Court within forty-five (45) days
from the start of the preliminary investigation. The
information must allege that the child acted with
discernment.
SEC. 49. Establishment of Bahay Pag-Asa. Each
province and highly-urbanized city (the LGUs) shall be
responsible for building, funding and operating a Bahay
Pag-asa within their jurisdiction following the standards
that will be set by the DSWD and adopted by the JJWC.
Every Bahay Pag-asa will have a special facility called

the IJISC. This Center will be allocated for children in
conflict with the law in accordance with Sections 20, 20A and 20-B hereof. These children will be required to
undergo a more intensive multi-disciplinary intervention
program. The JJWC in partnership with, but not limited
to, the DSWD, the DOH, the DepED and the DILG, will
develop and set the standards for the implementation of
the multi-disciplinary intervention program of the IJISC.
Upon institutionalization of the IJISC program, the JJWC
will continue to monitor and provide technical assistance
to the multi-disciplinary teams operating the said
centers.
SEC. 50. Care and Maintenance of the Child in Conflict
with the Law. x x x
The LGUs expected expenditures on the local juvenile
intervention program for children at risk and children in
conflict with the law shall be included in the LGUs
annual budget. Highly-urbanized cities and provincial
governments should include a separate budget for the
construction and maintenance of the Bahay Pag-asa
including the operation of the IJISC within the Bahay
Pag-asa.
SEC. 57. Status Offenses. Any conduct not considered
an offense or not penalized if committed by an adult shall
not be considered an offense and shall not be punished if
committed by a child.
SEC. 57-A. Violations of Local Ordinances.
Ordinances enacted by local governments concerning
juvenile status offenses such as, but not limited to,
curfew violations, truancy, parental disobedience, antismoking and anti-drinking laws, as well as light offenses
and misdemeanors against public order or safety such as,
but not limited to, disorderly conduct, public scandal,
harassment, drunkenness, public intoxication, criminal
nuisance, vandalism, gambling, mendicancy, littering,
public urination, and trespassing, shall be for the
protection of children. No penalty shall be imposed on
children for said violations, and they shall instead be
brought to their residence or to any barangay official at
the barangay hall to be released to the custody of their
parents. Appropriate intervention programs shall be
provided for in such ordinances. The child shall also be
recorded as a child at risk and not as a child in conflict
with the law. The ordinance shall also provide for
intervention programs, such as counseling, attendance in
group activities for children, and for the parents,
attendance in parenting education seminars.
SEC. 12. Mandatory Registry of Children in Conflict
with the Law. All duty-bearers, including
barangay/BCPC workers, law enforcers, teachers,
guidance counselors, social workers and prosecutors who
will receive report, handle or refer cases of children in
conflict with the law, shall ensure a faithful recordation
of all pertinent information, such as age, residence,
gender, crime committed or accused of and the details of
the intervention or diversion, as the case may be, under
which they will undergo or has undergone, of all children
in conflict with the law to guarantee the correct
application of the provisions of this Act and other laws.
The JJWC shall lead in the establishment of a centralized

information management system on children in conflict
with the law. This provision is however without prejudice
to Section 43 of this Act.
SEC. 63. Appropriations. The amount necessary to
carry out the provisions of this Act shall be charged
against the current years appropriations of the JJWC
under the budget of the Department of Justice.
Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in
the budget of the DSWD under the annual General
Appropriations Act:Provided, That the amount of Four
hundred million pesos (P400,000,000.00) shall be
appropriated for the construction of Bahay Pag-asa
rehabilitation centers in provinces or cities with high
incidence of children in conflict with the law to be
determined and identified by the DSWD and the JJWC
on a priority basis: Provided, further, That the said
amount shall be coursed through the Department of
Public Works and Highways (DPWH) for its proper
implementation.
The LGUs concerned shall make available, from its
own resources or assets, their counterpart share
equivalent to the national government contribution of
Five million pesos (P5,000,000.00) per rehabilitation
center.
In addition, the Council may accept donations, grants
and contributions from various sources, in cash or in
kind, for purposes relevant to its functions, subject to the
usual government accounting and auditing rules and
regulations.
SEC. 14. Implementing Rules and Regulations. The
JJWC shall promulgate the necessary rules and
regulations within sixty (60) days from the effectivity of
this Act.
SEC. 15. Separability Clause. If any provision of this
Act is held unconstitutional, other provisions not affected
thereby shall remain valid and binding.
SEC. 16. Repealing Clause. All laws, decrees,
ordinances and rules inconsistent with the provisions of
this Act are hereby modified or repealed accordingly.
SEC. 17. Effectivity Clause. This Act shall take effect
fifteen (15) days after the completion of its publication in
the Official Gazetteor in at least two (2) national
newspapers of general circulation.
Approved,
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER
CRUEL,
INHUMAN
AND
DEGRADING
TREATMENT
OR
PUNISHMENT
AND
PRESCRIBING PENALTIES THEREFOR
Section 1. Short Title. - This Ad shall be known as
the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the
policy of the State:
(a) To value the dignity of every human person

and guarantee full respect for human rights;
(b) To ensure that the human rights of all
persons, including suspects, detainees and
prisoners are respected at all times; and that no
person placed under investigation or held in
custody of any person in authority or, agent of a
person authority shall be subjected to physical,
psychological or mental harm, force, violence,
threat or intimidation or any act that impairs
his/her free wi11 or in any manner demeans or
degrades human dignity;
(c) To ensure that secret detention places,
solitary, incommunicado or other similar forms
of detention, where torture may be carried out
with impunity, are prohibited; and
(d) To fully adhere to the principles and
standards on the absolute condemnation and
prohibition of torture as provided for in the 1987
Philippine Constitution; various international
instruments to which the Philippines is a State
party such as, but not limited to, the
International Covenant on Civil and Political
Rights (ICCPR), the Convention on the Rights
of the Child (CRC), the Convention on the
Elimination of All Forms of Discrimination
Against Women (CEDA W) and the Convention
Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); and
all other relevant international human rights
instruments to which the Philippines is a
signatory.
Section 3. Definitions. - For purposes of this Act, the
following terms shall mean:
(a) "Torture" refers to an act by which severe
pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such
purposes as obtaining from him/her or a third
person information or a confession; punishing
him/her for an act he/she or a third person has
committed or is suspected of having committed;
or intimidating or coercing him/her or a third
person; or for any reason based on
discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in
authority or agent of a person in authority. It
does not include pain or Buffering arising only
from, inherent in or incidental to lawful
sanctions.
(b) "Other cruel, inhuman and degrading
treatment or punishment" refers to a deliberate
and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted
by a person in authority or agent of a person in
authority against a person under his/her custody,
which attains a level of severity causing
suffering, gross humiliation or debasement to the
latter.
(c) "Victim" refers to the person subjected to
torture or other cruel, inhuman and degrading
treatment or punishment as defined above and
any individual who has suffered harm as a result
of any act(s) of torture, or other cruel, inhuman
and degrading treatment or punishment.
(d) "Order of Battle" refers to any document or
determination made by the military, police or
any law enforcement agency of the government,

listing the names of persons and organizations
that it perceives to be enemies of the State and
that it considers as legitimate targets as
combatants that it could deal with, through the
use of means allowed by domestic and
international law.
Section 4. Acts of Torture. - For purposes of this Act,
torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or
punishment inflicted by a person in authority or
agent of a person in authority upon another in
his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or
more parts of the body, such as:
(1) Systematic beating, headbanging,
punching, kicking, striking with
truncheon or rifle butt or other similar
objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding
with spoiled food, animal or human
excreta and other stuff or substances not
normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by
electrically heated rods, hot oil, acid; by
the rubbing of pepper or other chemical
substances on mucous membranes, or
acids or spices directly on the wound(s);
(5) The submersion of the head in water
or water polluted with excrement, urine,
vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed
and stressful bodily position;
(7) Rape and sexual abuse, including the
insertion of foreign objects into the sex
organ or rectum, or electrical torture of
the genitals;
(8) Mutilation or amputation of the
essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced
extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements
such as sunlight and extreme cold;
(12) The use of plastic bag and other
materials placed over the head to the
point of asphyxiation;
(13) The use of psychoactive drugs to
change the perception, memory.
alertness or will of a person, such as:
(i) The administration or drugs to induce
confession and/or reduce mental
competency; or
(ii) The use of drugs to induce extreme
pain or certain symptoms of a disease;
and
(14) Other analogous acts of physical
torture; and
(b) "Mental/Psychological Torture" refers to acts
committed by a person in authority or agent of a
person in authority which are calculated to affect
or confuse the mind and/or undermine a person's
dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher

relative(s) with bodily harm, execution
or other wrongful acts;
(3) Confinement in solitary cells or
secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show
trial", public display or public
humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a
person deprived of liberty from one
place to another, creating the belief that
he/she shall be summarily executed;
(7) Maltreating a member/s of a person's
family;
(8) Causing the torture sessions to be
witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping
the person naked, parading him/her in
public places, shaving the victim's head
or putting marks on his/her body against
his/her will;
(11) Deliberately prohibiting the victim
to communicate with any member of
his/her family; and
(12) Other analogous acts of
mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading
Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate
and aggravated treatment or punishment not enumerated
under Section 4 of this Act, inflicted by a person in
authority or agent of a person in authority against another
person in custody, which attains a level of severity
sufficient to cause suffering, gross humiliation or
debasement to the latter. The assessment of the level of
severity shall depend on all the circumstances of the
case, including the duration of the treatment or
punishment, its physical and mental effects and, in some
cases, the sex, religion, age and state of health of the
victim.
Section 6. Freedom from Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment, An
Absolute Bight. - Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of
war, internal political instability, or any other public
emergency, or a document or any determination
comprising an "order of battle" shall not and can never
be invoked as a justification for torture and other cruel,
inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention
places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried
out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the
Armed Forces of the Philippines (AFP) and other law
enforcement. agencies concerned shall make an updated
list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on
the prisoners or detainees incarcerated or detained therein
such as, among others, names, date of arrest and
incarceration, and the crime or offense committed. This
list shall be made available to the public at all times, with
a copy of the complete list available at the respective

national headquarters of the PNP and AFP. A copy of the
complete list shall likewise be submitted by the PNP,
AFP and all other law enforcement agencies to the
Commission on Human Rights (CHR), such list to be
periodically updated, by the same agencies, within the
first five (5) days of every month at the minimum. Every
regional office of the PNP, AFP and other law
enforcement agencies shall also maintain a similar list far
all detainees and detention facilities within their
respective areas, and shall make the same available to the
public at all times at their respective regional
headquarters, and submit a copy. updated in the same
manner provided above, to the respective regional offices
of the CHR.
Section 8. Applicability of the Exclusionary Rule;
Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in
evidence in any proceedings, except if the same is used
as evidence against a person or persons accused of
committing torture.
Section 9. Institutional Protection of Torture Victims and
Other Persons Involved. - A victim of torture shall have
the following rights in the institution of a criminal
complaint for torture:
(a) To have a prompt and an impartial
investigation by the CHR and by agencies of
government concerned such as the Department
of Justice (DOJ), the Public Attorney's Office
(PAO), the PNP, the National Bureau of
Investigation (NBI) and the AFP. A prompt
investigation shall mean a maximum period of
sixty (60) working days from the time a
complaint for torture is filed within which an
investigation report and/or resolution shall be
completed and made available. An appeal
whenever available shall be resolved within the
same period prescribed herein,
(b) To have sufficient government protection
against all forms of harassment; threat and/or
intimidation as a consequence of the filing of
said complaint or the presentation of evidence
therefor. In which case, the State through its
appropriate agencies shall afford security in
order to ensure his/her safety and all other
persons involved in the investigation and
prosecution such as, but not limited to, his/her
lawyer, witnesses and relatives; and
(c) To be accorded sufficient protection in the
manner by which he/she testifies and presents
evidence in any fora in order to avoid further
trauma.
Section 10. Disposition of Writs of Habeas Corpus,
Amparo and Habeas Data Proceedings and Compliance
with a Judicial 07'der. - A writ of habeas corpus or writ of
amparo or writ of habeas data proceeding, if any, filed on
behalf of the victim of torture or other cruel, degrading
and inhuman treatment or punishment shall be disposed
of expeditiously and any order of release by virtue
thereof, or other appropriate order of a court relative
thereto, shall be executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR
and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the
complaint for a person who suffers torture and other
cruel, inhuman and degrading treatment or punishment,
or for any interested party thereto.

The victim or interested party may also seek legal
assistance from the Barangay Human Rights Action
Center (BRRAC) nearest him/her as well as from human
rights nongovernment organizations (NGOs).
Section 12. Right to' Physical, Medical and
Psychological Examination. - Before and after
interrogation, every person arrested, detained or under
custodial investigation shall have the right to he informed
of his/her right to demand physical examination by an
independent and competent doctor of his/her own choice.
If such person cannot afford the services of his/her own
doctor, he/she shall he provided by the State with a
competent and independent doctor to conduct physical
examination. The State shall endeavor to provide the
victim with psychological evaluation if available under
the circumstances. If the person arrested is a female, she
shall be attended to preferably by a female doctor.
Furthermore, any person arrested, detained or under
custodial investigation, including his/her immediate
family, shall have the right to immediate access to proper
and adequate medical treatment. The physical
examination and/or psychological evaluation of the
victim shall be contained in a medical report, duly signed
by the attending physician, which shall include in detail
his/her medical history and findings, and which shall he
attached to the custodial investigation report. Such report
shall be considered a public document.
Following applicable protocol agreed upon by agencies
tasked to conduct physical, psychological and mental
examinations, the medical reports shall, among others,
include:
(a) The name, age and address of the patient or
victim;
(b) The name and address of the nearest kin of
the patient or victim;
(c) The name and address of the person who
brought the patient or victim for physical,
psychological and mental examination, and/or
medical treatment;
(d) The nature and probable cause of the patient
or victim's injury, pain and disease and/or
trauma;
(e) The approximate time and date when the
injury, pain, disease and/or trauma was/were
sustained;
(f) The place where the injury, pain, disease
and/or trauma was/were sustained;
(g) The time, date and nature of treatment
necessary; and
(h) The diagnosis, the prognosis and/or
disposition of the patient.
Any person who does not wish to avail of the rights
under this pr<;lvision may knowingly and voluntarily
waive such rights in writing, executed in the presence
and assistance of his/her counsel.
Section 13. Who are Criminally Liable. - Any person
who actually participated Or induced another in the
commission of torture or other cruel, inhuman and
degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman
and degrading treatment or punishment by previous or
simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer
or senior government official who issued an order to any
lower ranking personnel to commit torture for whatever

purpose shall be held equally liable as principals.
The immediate commanding officer of the unit
concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies
shall be held liable as a principal to the crime of torture
or other cruel or inhuman and degrading treatment or
punishment for any act or omission, or negligence
committed by him/her that shall have led, assisted,
abetted or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If he/she has
knowledge of or, owing to the circumstances at the time,
should have known that acts of torture or other cruel,
inhuman and degrading treatment or punishment shall be
committed, is being committed, or has been committed
by his/her subordinates or by others within his/her area
of responsibility and, despite such knowledge, did not
take preventive or corrective action either before, during
or immediately after its commission, when he/she has the
authority to prevent or investigate allegations of torture
or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate
allegations of such act, whether deliberately or due to
negligence shall also be liable as principals.
Any public officer or employee shall be liable as an
accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is
being committed and without having participated therein,
either as principal or accomplice, takes part subsequent
to its commission in any of the following manner:
(a) By themselves profiting from or assisting the
offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or other
cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or
instruments thereof in order to prevent its
discovery; or(c) By harboring, concealing or
assisting m the escape of the principal/s in the
act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided,
That the accessory acts are done with the abuse
of the official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion
perpetua shall be imposed upon the perpetrators of the
following acts:
(1) Torture resulting in the death of any
person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual
abuse and, in consequence of torture, the
victim shall have become insane,
imbecile, impotent, blind or maimed for
life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be
imposed on those who commit any act of
mental/psychological torture resulting in
insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the
victim due to guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be
imposed on those who commit any act of torture
resulting in psychological, mental and emotional
harm other than those described 1n paragraph (b)

of this section. '
(d) The penalty of prision mayor in its medium
and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost
the power of speech or the power to hear or to
smell; or shall have lost an eye, a hand, a foot,
an arm or a leg; or shall have lost the use of any
such member; Or shall have become
permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum
and medium periods shall be imposed if, in
consequence of torture, the victim shall have
become deformed or shall have lost any part of
his/her body other than those aforecited, or shall
have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than
ninety (90) days.
(f) The penalty of prision correccional in its
maximum period to prision mayor in its
minimum period shall be imposed if, in
consequence of torture, the victim shall have
been ill or incapacitated for labor for mare than
thirty (30) days but not more than ninety (90)
days.
(g) The penalty of prision correccional in its
minimum and medium period shall be imposed
if, in consequence of torture, the victim shall
have been ill or incapacitated for labor for thirty
(30) days or less.
(h) The penalty of arresto mayor shall be
imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in
Section 5 of this Act.
(i) The penalty of prision correccional shall be
imposed upon those who establish, operate and
maintain secret detention places and/or effect or
cause to effect solitary confinement,
incommunicado or other similar forms of
prohibited detention as provided in Section 7 of
this Act where torture may be carried out with
impunity.
(j) The penalty of arresto mayor shall be
imposed upon the responsible officers or
personnel of the AFP, the PNP and other law
enforcement agencies for failure to perform
his/her duty to maintain, submit or make
available to the public an updated list of
detention centers and facilities with the
corresponding data on the prisoners or detainees
incarcerated or detained therein, pursuant to
Section 7 of this Act.
Section 15. Torture as a Separate and Independent
Crime. - Torture as a crime shall not absorb or shall not
be absorbed by any other crime or felony committed as a
consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be
treated as a separate and independent criminal act whose
penalties shall be imposable without prejudice to any
other criminal liability provided for by domestic and
international laws.
Section 16. Exclusion from the Coverage of Special
Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture
shall not benefit from any special amnesty law or similar
measures that will have the effect of exempting them
from any criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall

be expelled, returned or extradited to another State where
there are substantial grounds to believe that such person
shall be in danger of being subjected to torture. For the
purposes of determining whether such grounds exist, the
Secretary of the Department of Foreign Affairs (DFA)
and the Secretary of the DOJ, in coordination with the
Chairperson of the CHR, shall take into account all
relevant considerations including, where applicable and
not limited to, the existence in the requesting State of a
consistent pattern of gross, flagrant or mass violations of
human rights.
Section 18. Compensation to Victims of Torture. - Any
person who has suffered torture shall have the right to
claim for compensation as provided for under Republic
Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos
(P10,000.00). Victims of torture shall also have the right
to claim for compensation from such other financial
relief programs that may be made available to him/her
under existing law and rules and regulations.
Section 19. Formulation of a Rehabilitation Program. Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development
(DSWD), the DOJ and the Department of Health (DOH)
and such other concerned government agencies, and
human rights organizations shall formulate a
comprehensive rehabilitation program for victims of
torture and their families. The DSWD, the DOJ and thc
DOH shall also call on human rights nongovernment
organizations duly recognized by the government to
actively participate in the formulation of such program
that shall provide for the physical, mental, social,
psychological healing and development of victims of
torture and their families. Toward the attainment of
restorative justice, a parallel rehabilitation program for
persons who have committed torture and other cruel,
inhuman and degrading punishment shall likewise be
formulated by the same agencies.
Section 20. Monitoring of Compliance with this Act. An Oversight Committee is hereby created to
periodically oversee the implementation of this Act. The
Committee shall be headed by a Commissioner of the
CRR, with the following as members: the Chairperson of
the Senate Committee on Justice and Human Rights, the
respective Chairpersons of the House of Representatives'
Committees on Justice and Human Rights, and the
Minority Leaders of both houses or their respective
representatives in the minority.
Section 21. Education and Information Campaign. - The
CHR, the DOJ, the Department of National Defense
(DND), the Department of the Interior and Local
Government (DILG) and such other concerned parties in
both the public and private sectors shall ensure that
education and information regarding prohibition against
torture and other cruel, inhuman and degrading treatment
or punishment shall be fully included in the training of
law enforcement personnel, civil or military, medical
personnel, public officials and other persons who may be
involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED)
and the Commission on Higher Education (CHED) shall
also ensure the integration of human rights education
courses in all primary, secondary and tertiary level
academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. The provisions of the Revised Penal Code insofar as they
are applicable shall be suppletory to this Act. Moreover,
if the commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine (Crimes
Against Personal Liberty and Security) of the Revised
Penal Code is attended by any of the acts constituting
torture and other cruel, inhuman and degrading treatment
or punishment as defined herein, the penalty to be
imposed shall be in its maximum period.
Section 23. Appropriations. - The amount of Five million
pesos (Php5,000,000.00) is hereby appropriated to the
CHR for the initial implementation of tills Act.
Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in
the annual General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The
DOJ and the CHR, with the active participation of human
rights nongovernmental organizations, shall promulgate
the rules and regulations for the effective implementation
of tills Act. They shall also ensure the full dissemination
of such rules and regulations to all officers and members
of various law enforcement agencies.
Section 25. Separability Clause. - If any provision of this
Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in
full force and effect.
Section 26. Repealing Clause. - All laws, decrees,
executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in
at least two (2) newspapers of general circulation.
Approved,
Republic Act No. 9775
AN ACT DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING PENALTIES
THEREFOR AND FOR OTHER PURPOSES
Section 1. Short Title. - This Act shall be known as
the "Anti-Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State recognizes
the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual,
intellectual, emotional, psychological and social wellbeing. Towards this end, the State shall:
(a) Guarantee the fundamental rights of every
child from all forms of neglect, cruelty and other
conditions prejudicial to his/her development;
(b) Protect every child from all forms of
exploitation and abuse including, but not limited
to:
(1) the use of a child in pornographic
performances and materials; and
(2) the inducement or coercion of a
child to engage or be involved in
pornography through whatever means;
and
(c) Comply with international treaties to which
the Philippines is a signatory or a State party

concerning the rights of children which include,
but not limited to, the Convention on the Rights
of the Child, the Optional Protocol to the
Convention on the Rights of the Child of the
Child on the Sale of Children, Child Prostitution
and Child Pornography, the International Labor
Organization (ILO) Convention No.182 on the
Elimination of the Worst Forms of Child Labor
and the Convention Against Transnational
Organized Crime.
Section 3. Definition of Terms. (a) "Child" refers to a person below eighteen
(18) years of age or over, but is unable to fully
take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of
a physical or mental disability or condition.
For the purpose of this Act, a child shall also
refer to:
(1) a person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and
(2) computer-generated, digitally or
manually crafted images or graphics of a
person who is represented or who is
made to appear to be a child as defined
herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or written
combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of
child engaged or involved in real or simulated
explicit sexual activities.
(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
(d) "Internet address" refers to a website, bulletin
board service, internet chat room or news group,
or any other internet or shared network protocol
address.
(e) "Internet cafe or kiosk" refers to an
establishment that offers or proposes to offer
services to the public for the use of its
computer/s or computer system for the purpose
of accessing the internet, computer games or
related services.
(f) "Internet content host" refers to a person who
hosts or who proposes to host internet content in
the Philippines.
(g) "Internet service provider (ISP)" refers to a
person or entity that supplies or proposes to
supply, an internet carriage service to the public.
(h) "Grooming" refers to the act of preparing a
child or someone who the offender believes to be

a child for sexual activity or sexual relationship
by communicating any form of child
pornography. It includes online enticement or
enticement through any other means.
(i) "Luring" refers to the act of communicating,
by means of a computer system, with a child or
someone who the offender believes to be a child
for the purpose of facilitating the commission of
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.
(k) "Person" refers to any natural or juridical
entity.
Section 4. Unlawful or Prohibited Acts. - It shall be
unlawful for any person:
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any
form of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography;
(d) To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3)
or more articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and
telecommunication companies, by themselves or
in cooperation with other entities, to distribute
(g) For a parent, legal guardian or person having
custody or control of a child to knowingly
permit the child to engage, participate or assist in
(h) To engage in the luring or grooming of a
child;
(i) To engage in pandering of any form of child
pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to commit
any form of child pornography shall be
committed when two (2) or more persons come
to an agreement concerning the commission of
any of the said prohibited acts and decide to
commit it; and
(l) To possess any form of child pornography.
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 7. Appointment of Special Prosecutors. - The
Department of Justice (DOJ) shall appoint or designate
special prosecutors to prosecute cases for the violation of
this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the
violation of this Act shall be vested in the Family Court
which has territorial jurisdiction over the place where the
offense or any of its essential elements was committed
pursuant to Republic Act No. 8369, otherwise known as
"Family Courts Act of 1997".
Section 9. Duties of an Internet Service Provider (ISP). All internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National Bureau
of Investigation (NBI) within seven (7) days from
obtaining facts and circumstances that any form of child
pornography is being committed using its server or
facility. Nothing in this section may be construed to
require an ISP to engage in the monitoring of any user,
subscriber or customer, or the content of any
communication of any such person: Provided, That no
ISP shall be held civilly liable for damages on account of
any notice given in good faith in compliance with this
section.
Furthermore, an ISP shall preserve such evidence for
purpose of investigation and prosecution by relevant
authorities.
An ISP shall, upon the request of proper authorities,
furnish the particulars of users who gained or attempted
to gain access to an internet address which contains any
form of child pornography.
All ISPs shall install available technology, program or
software to ensure that access to or transmittal of any
form of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally
violate this provision shall be subject to the penalty
provided under Section 15(k) of this Act.
The National Telecommunications Commission (NTC)
shall promulgate within ninety (90) days from the
effectivity of this Act the necessary rules and regulations
for the implementation of this provision which shall

include, among others, the installation of filtering
software that will block access to or transmission of any
form of the child pornography.
Section 10. Responsibility of Mall Owners/Operators and
Owners or Lessors of Other Business Establishments. All mall owners/operators and owners or lessors of other
business establishments shall notify the PNP or the NBI
within seven (7) days from obtaining facts and
circumstances that child pornography is being committed
in their premises. Provided, That public display of any
form of child pornography within their premises is a
conclusive presumption of the knowledge of the mall
owners/operators and owners or lessors of other business
establishments of the violation of this Act: Provided,
further, That a disputable presumption of knowledge by
mall owners/operators and owners or lessors of other
business establishments should know or reasonably know
that a violation of this Act is being committed in their
premises.
Photo developers, information technology professionals,
credit card companies and banks and any person who has
direct knowledge of any form of child pornography
activities shall have the duty to report any suspected
child pornography materials or transactions to the proper
authorities within seven (7) days from discovery thereof.
Any willful and intentional violation of this provision
shall be subject to the penalty provided under Section
15(l) of this Act.
Section 11. Duties of an Internet Content Host. - An
internet content host shall:
(a) Not host any form of child pornography on
its internet address;
(b) Within seven (7) days, report the presence of
any form of child pornography, as well as the
particulars of the person maintaining, hosting,
distributing or in any manner contributing to
such internet address, to the proper authorities;
and
(c) Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.
An internet content host shall, upon the request of proper
authorities, furnish the particulars of users who gained or
attempted to gain access to an internet address that
contains any form of child pornography.
An internet content host who shall knowingly, willfully
and intentionally violate this provision shall be subject to
the penalty provided under Section 15(j) of this Act:
Provided, That the failure of the internet content host to
remove any form of child pornography within forty-eight
(48) hours from receiving the notice that any form of
child pornography is hitting its server shall be conclusive
evidence of willful and intentional violation thereof.
Section 12. Authority to Regulate Internet Caf or
Kiosk. - The local government unit (LGU) of the city or
municipality where an internet caf or kiosk is located
shall have the authority to monitor and regulate the
establishment and operation of the same or similar
establishments in order to prevent violation of the
provisions of this Act.
Section 13. Confidentiality. - The right to privacy of the
child shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act.
Towards this end, the following rules shall be observed:

(a) The judge, prosecutor or any officer of the
law to whom the complaint has been referred to
may, whenever necessary to ensure a fair and
impartial proceeding and after considering all
circumstances for the best interest of the child
conduct a closed-door investigation, prosecution
or trial;
(b) The name and personal circumstances of the
child, including the child's immediate family, or
any other information tending to establish
his/her identity shall not be disclosed to the
public;
(c) Any record regarding a child shall be
confidential and kept under seal. Except upon
written request and order of the court, a record
shall be released only to the following:
(1) Members of the court staff for
administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law
enforcement agencies and
(6) Other persons as determined by the
court.
(d) Any form of child pornography that is part of
the court records shall be subject to a protective
order that provides as follows:
(1) Any form of child pornography may
be viewed only by the parties, their
counsel, their expert witness and
guardian ad litem;
(2) Neither form of child pornography
nor any portion thereof shall be divulged
to any other person, except as necessary
for investigation, prosecution or trial;
and
(3) No person shall be granted access to
any form of child pornography or any
part thereof unless he/she signs a written
affirmation that he/she has received and
read a copy of the protection order; that
he/she submits to the jurisdiction of the
court with respect to the protective
order; and that, in case of violation
thereof, he/she will be subject to the
contempt power of the court; and
(e) In cases when prosecution or trial is
conducted behind closed doors, it shall be
unlawful for any editor, publisher and reporter or
columnist in case of printed materials, announcer
or producer in case of television and radio,
producer and director of a film in case of the
movie industry, or any person utilizing the trimedia facilities or information technology to
publish or broadcast the names of the victims of
any case of child pornography.
Any violation of this provision shall be subject to the
penalty provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child
Victim. - The DSWD shall ensure that the child who is a
victim of any form of child pornography is provided
appropriate care, custody and support for their recovery
and reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as
well as to the rights and benefits of witnesses

underRepublic Act No. 6981, otherwise known as "The
Witness Protection, Security and Benefit Act".
The child shall also be considered as a victim of a violent
crime defined under Section 3(d) of Republic Act No.
7309, otherwise known as "An Act Creating a Board of
Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of
Violent Crimes and for Other Purposes", so that the child
may claim compensation therein.
Section 15. Penalties and Sanctions. - The following
penalties and sanctions are hereby established for
offenses enumerated in this Act:
(a) Any person found guilty of syndicated child
pornography as defined in Section 5 of this Act
shall suffer the penalty of reclusion perpetua and
a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Five
million pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section
4(a), (b) and (c) of this Act shall suffer the
penalty ofreclusion temporal in its maximum
period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two
million (Php2,000,000.00);
(c) Any person found guilty of violating Section
4(d), (e) and (f) of this Act shall suffer the
penalty ofreclusion temporal in its medium
period and a fine of not less than Seven hundred
fifty thousand pesos (Php750,000.00) but not
more than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section
4(g) of this Act shall suffer the penalty
of reclusion temporalin its minimum period and
a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Seven
hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section
4(h) of this Act shall suffer the penalty of prision
mayor in its maximum period and a fine of not
less than Three hundred thousand pesos
(Php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section
4(I) of this Act shall suffer the penalty of prision
mayor in its minimum period and a fine of not
less than Three hundred thousand pesos
(php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section
4(j) of this Act shall suffer the penalty of prision
correccionalin its maximum period and a fine of
not less than Two hundred thousand pesos
(Php200,000.00) but not more than Three
hundred thousand pesos (Php300,000.00);
(h) Any person found guilty of violating Section
4(k) of this Act shall suffer the penalty of prision
correccionalin its medium period and a fine of
not less than One hundred thousand pesos
(php100,000.00) but not more than Two hundred
fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section
4(l) of this Act shall suffer the penalty of arresto
less than Fifty thousand pesos (Php50,000.00)
but not more than One hundred thousand pesos
(Php100,000.00);
(j) Any person found guilty of violating Section
11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of
not less than One million pesos
(Php1,000,000.00) but not more than Two
million pesos (Php2,000,000.00) for the first
offense. In the case of a subsequent offense, the
penalty shall be a fine not less than Two million
pesos (Php2,000,000.00) but not more than
Three million pesos (Php3,000,000.00) and
revocation of its license to operate and
immediate closure of the establishment;
(k) Any ISP found guilty of willfully and
knowingly failing to comply with the notice and
installation requirements under Section 9 of this
Act shall suffer the penalty of a fine of not less
than Five hundred thousand pesos
(Php500,000.00) but not more than One million
pesos (Php1,000,000.00) for the first offense. In
case of subsequent offense, the penalty shall be a
fine of not less than One million pesos
million pesos (Php2,000,000.00) and revocation
of its license to operate;
(l) Any mall owner-operator and owner or lessor
of other business establishments including photo
developers, information technology
professionals, credit card companies and banks,
found guilty of willfully and knowingly failing
to comply with the notice requirements under
Section 10 of this Act shall suffer the penalty of
a fine of not less than One million pesos
million pesos (Php2,000,000.00) for the first
offense. In the case of a subsequent offense, the
penalty shall be a fine of not less than Two
million pesos (Php2,000,000.00) but not more
than Three million pesos (Php3,000,000.00) and
revocation of its license to operate and
immediate closure of the establishment; and
(m) Any person found guilty of violating Section
13 of this Act shall suffer the penalty of arresto
less than One hundred thousand pesos
(Php100,000.00) but not more than Three
hundred thousand pesos (Php300,000.00).
Section 16. Common Penal Provisions. (a) If the offender is a parent, ascendant,
guardian, step-parent or collateral relative within
the third degree of consanguinity or affinity or
any person having control or moral ascendancy
over the child, the penalty provided herein shall
be in its maximum duration; Provided, That this
provision shall not apply to Section 4(g) of this
Act;
(b) If the offender is a juridical person, the
penalty shall be imposed upon the owner,
manager, partner, member of the board of
directors and/or any responsible officer who
participated in the commission of the crime or
shall have knowingly permitted or failed to
prevent its commissions;
(c) If the offender is a foreigner, he/she shall be
immediately deported after the complete service
of his/her sentence and shall forever be barred
from entering the country; and
(d) The penalty provided for in this Act shall be

imposed in its maximum duration if the offender
is a public officer or employee.
Section 17. Confiscation and Forfeiture of the Proceeds,
Tools and Instruments Used in Child Pornography. - In
addition to the penalty imposed for the violation of this
Act, the court shall order the confiscation and forfeiture
in favor of the government of all the proceeds, tools and
instruments used in the commission of the crime, unless
they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for
damages shall be taken from the personal and separate
properties of the offender; Provided, further, That if such
properties are insufficient, the deficiency shall be taken
from the confiscated and forfeited proceeds, tools and
instruments.
All proceeds derived from the sale of properties used for
the commission of any form of child pornography shall
accrue to the special account of the DSWD which shall
be used exclusively for the implementation of this Act.
When the proceeds, tools and instruments used in the
commission of the offense have been destroyed
diminished in value or otherwise rendered worthless by
any act or omission, directly or indirectly, of the
offender, or it has been concealed, removed, converted or
transferred to prevent the same from being found or to
avoid forfeiture or confiscation, the offender shall be
ordered to pay the amount equal to the value of the
proceeds, tools and instruments used in the commission
of the offense.1avvphi1
Section 18. Mandatory Services to Victims of Child
Pornography. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society concerned
government agencies and the LGUs shall make available
the following services to victims of any form of child
pornography:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services, which shall include
information about the victim's rights and the
procedure for filing of complaints, claims for
compensation and such other legal remedies
available to them in a language understood by
the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
Sustained supervision and follow through mechanism
that will track the progress of recovery, rehabilitation and
reintegration of the child victims shall adopted and
carried out.
Section 19. Programs for Victims of Child
Pornography. The Inter-Agency Council Against Child
Pornography created under Section 20 of this Act shall
develop and implement the necessary programs that will
prevent any form of child pornography, as well as
protect, heal and reintegrate the child into the mainstream
of society. Such programs shall include beat but not
limited to the following:
(a) Provision of mandatory services including
counseling free legal services, medical or
psychological services, livelihood and skills
training and educational assistance to the child
pursuant to Section 18 of this Act;
(b) Sponsorship of a national research program
on any form of child pornography and other acts

covered by the law and the establishment of a
data collection system for monitoring and
evaluation purposes;
(c) Provision of necessary technical and material
support services to appropriate government
agencies and nongovernmental organizations:
(d) Sponsorship of conferences and seminars to
provide venue for consensus building amongst
the public, the academe , government,
nongovernmental and international organizations
and
(e) Promotion of information and education
campaign.
Section 20. Inter - Agency Council against Child
Pornography. - There is hereby established an InterAgency Council against Child Pornography to be
composed of the Secretary of the DSWD as chairperson
and the following as members:
(a) Secretary of the Department of Justice:
(b) Secretary of the Department of Labor and
Employment
(c) Secretary of the Department of Science and
Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on
Information and Communications Technology;
(g) Commissioner of the National
Telecommunications Commission;
(h) Executive Director of the Council for the
Welfare of Children;
(i) Executive Director of the Philippine Center
for Transnational Crimes;
(j) Executive Director of the Optical Media
Board;
(k) Director of the National Bureau of
Investigation; and
(l) Three (3) representatives from children's
nongovernmental organizations. These
representatives shall be nominated by the
government agency representatives of the
Council for appointment by the President for a
term of three (3) years and may be renewed upon
renomination and reappointment by the Council
and the President respectively.
The members of the Council mat designate their
permanent representatives, who shall have a rank not
lower than assistant secretary or its equivalent, to
meetings and shall receive emoluments as may be
determined by the Council in accordance with existing
budget and accounting rules and regulations.
The DSWD shall establish the necessary Secretariat for
the Council.
Section 21. Functions of the Council. - The Council shall
have the following powers and functions:
(a) Formulate comprehensive and integrated
plans and programs to prevent and suppress any
form of child pornography;
(b) Promulgate rules and regulations as may be
necessary for the effective implementation of
this Act;
(c) Monitor and oversee the strict
implementation of this Act;
(d) Coordinate the programs and projects of the
various members agencies effectively address
the issues and problems attendant to child
pornography;
(e) Conduct and coordinate massive information
disseminations and campaign on the existence of
the law and the various issues and problems
attendant to child pornography;
(f) Direct other agencies to immediately respond
to the problems brought to their attention and
report to the Council on the action taken;
(g) Assist in the filling of cases against
individuals, agencies, institutions or
establishments that violate the provisions of this
Act;
(h) Formulate a program for the reintegration of
victims of child pornography;
(i) Secure from any department, bureau, office,
agency or instrumentality of the government or
from NGOs and other civic organizations such
assistance as may be needed to effectively
implement this Act;
(j) Complement the shared government
information system relative to child abuse and
exploitation and ensure that the proper agencies
conduct a continuing research and study on the
patterns and schemes of any form of child
pornography which form basis for policy
formulation and program direction;
(k) develop the mechanism to ensure the timely,
coordinated and effective response to cases of
child pornography;
(l) Recommend measures to enhance cooperative
efforts and mutual assistance among foreign
countries through bilateral and/or multilateral
arrangements to prevent and suppress any form
of child pornography;
(m) Adopt measures and policies to protect the
rights and needs of the victims of child
pornography who are foreign nationals in the
Philippines;
(n) maintain a database of cases of child
pornography;
(o) Initiate training programs in identifying and
providing the necessary intervention or
assistance to victims of child pornography.
(p) Submit to the President and the
Congressional Oversight committee credited
herein the annual report on the policies, plans,
programs and activities of the Council relative to
the implementation of this Act; and
(q) Exercise all the powers and perform such
other functions necessary to attain the purposes
and objectives of this Act.
Section 22. Child Pornography as a Transnational
Crime. - Pursuant to the Convention on transnational
Organized Crime, the DOJ may execute the request of a
foreign state for assistance in the investigation or
prosecution of any form of child pornography by: (1)
conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary charges
in court; (2) giving information needed by the foreign
state; and (3) to apply for an order of forfeiture of any
proceeds or monetary instrument or 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.
Section 24. Congressional Oversight Committee. -There
is hereby created a Congressional Oversight Committee
composed of five (5) members from the Senate and five
(5) members from the House of Representatives. The
members from the Senate shall be appointed by the
Senate President based on proportional representation of
the parties or coalition therein with at least one (1)
member representing the Minority. The members from
the House of Representative shall be appointed by the
Speaker, also based on proportional representation of the
parties or coalitions therein with the Chair of the House
of Committee on Welfare of Children and at least one (1)
member representing the Minority
The Committee shall be headed by the respective Chairs
of the Senate Committee on Youth, Women and Family
relations and the House of Representatives Committee on
Justice. The Secretariat of the Congressional Oversight
Committee shall come from the existing Secretariat
personnel of the Committees of the Senate and the House
of Representatives concerned.
The Committee shall monitor and ensure the effective
implementation of this Act, determine inherent weakness
and loopholes in the law. Recommend the necessary
remedial legislator or administrative measures and
perform such other duties and functions as may be
necessary to attain the objectives of this Act.
Section 25. Appropriations. - The amount necessary to
implement the provisions of the Anti-Child Pornography
Act and the operationalization of the Inter-Agency
Council Against Child Pornography shall be included in
the annual General Appropriations Act.
Section 26. Implementing Rules and Regulations. - The
Inter- Agency Council Against Child pornography shall
promulgate the necessary implementing rules and
regulations within ninety (90) days from the effectivity
of this Act.
Section 27. Suppletory Application of the Revised Penal
Code. - The Revised penal Code shall be suppletorily
applicable to this Act.
Section 28. Separability Clause. - If any part of this Act
is declared unconstitutional or invalid, the other
provisions not affected thereby shall continue to be in
full force and effect.
Section 29. Repealing Clause. - All laws, presidential
decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified or
repealed accordingly.
Section 30. Effectivity. - This Act shall effect after fifteen
(15) days following its complete publication in the
Official Gazette or in at least two (2) newspapers of
general circulation.
Approved,
REPUBLIC ACT NO. 7659

AN ACT TO IMPOSE THE DEATH PENALTY ON
CERTAIN HEINOUS CRIMES, AMENDING FOR
THAT PURPOSE THE REVISED PENAL LAWS,

AS AMENDED, OTHER SPECIAL PENAL LAWS,
AND FOR OTHER PURPOSES
WHEREAS, the Constitution, specifically Article III,
Section 19 paragraph (1) thereof, states "Excessive fines
shall not be imposed nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for
it. . .";
WHEREAS, the crimes punishable by death under this
Act are heinous for being grievous, odious and hateful
offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common standards
and norms of decency and morality in a just, civilized
and ordered society;
WHEREAS, due to the alarming upsurge of such crimes
which has resulted not only in the loss of human lives
and wanton destruction of property but also affected the
nation's efforts towards sustainable economic
development and prosperity while at the same time has
undermined the people's faith in the Government and the
latter's ability to maintain peace and order in the country;
WHEREAS, the Congress, in the justice, public order
and the rule of law, and the need to rationalize and
harmonize the penal sanctions for heinous crimes, finds
compelling reasons to impose the death penalty for said
crimes;
Now, therefore,
Section 1. Declaration of Policy. - It is hereby declared
the policy of the State to foster and ensure not only
obedience to its authority, but also to adopt such
measures as would effectively promote the maintenance
of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare which
are essential for the enjoyment by all the people of the
blessings of democracy in a just and humane society;
Section 2. Article 114 of the Revised Penal Code, as
amended, is hereby amended to read as follows:
"Art. 114. Treason. - Any Filipino citizen who
levies war against the Philippines or adheres to
her enemies giving them aid or comfort within
the Philippines or elsewhere, shall be punished
by reclusion perpetua to death and shall pay a
fine not to exceed 100,000 pesos."
No person shall be convicted of treason unless
on the testimony of two witnesses at least to the
same overt act or on confession of the accused in
open court.
Likewise, an alien, residing in the Philippines,
who commits acts of treason as defined in
paragraph 1 of this Article shall be punished by
reclusion temporal to death and shall pay a fine
not to exceed 100,000 pesos."
Section 3. Section Three, Chapter One, Title One of
Book Two of the same Code is hereby amended to read
as follows:
"Section Three. - Piracy and mutiny on the high
seas or in the Philippine waters
Art. 122. Piracy in general and mutiny on the
high seas or in Philippine waters. - The penalty
of reclusion perpetua shall be inflicted upon any
person who, on the high seas, or in Philippine

waters, shall attack or seize a vessel or, not being
a member of its complement nor a passenger,
shall seize the whole or part of the cargo of said
vessel, its equipment or passengers.
The same penalty shall be inflicted in case of
mutiny on the high seas or in Philippine waters."
Art. 123. Qualified piracy. - The penalty of
reclusion perpetua to death shall be imposed
upon those who commit any of the crimes
referred to in the preceding article, under any of
the following circumstances:
1. Whenever they have seized a vessel
by boarding or firing upon the same;
2. Whenever the pirates have abandoned
their victims without means of saving
themselves or;
3. Whenever the crime is accompanied
by murder, homicide, physical injuries
or rape."
Section 4. There shall be incorporated after Article 211 of
the same Code a new article to read as follows:
"Art. 211-A. Qualified Bribery. - If any public
officer is entrusted with law enforcement and he
refrains from arresting or prosecuting an
offender who has committed a crime punishable
by reclusion perpetua and/or death in
consideration of any offer, promise, gift or
present, he shall suffer the penalty for the
offense which was not prosecuted.
If it is the public officer who asks or demands
such gift or present, he shall suffer the penalty of
death."
Section 5. The penalty of death for parricide under
Article 246 of the same Code is hereby restored, so that it
shall read as follows:
"Art. 246. Parricide. - Any person who shall kill
his father, mother, or child, whether legitimate of
illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty of
reclusion perpetua to death."
Section 6. Article 248 of the same Code is hereby
"Art. 248. Murder. - Any person who, not falling
within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be
punished by reclusion perpetua, to death if
committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure
or afford impunity.
2. In consideration of a price, reward or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, or by means
of motor vehicles, or with the use of any
other means involving great waste and
ruin.
4. On occasion of any of the calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic
or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at
his person or corpse."
"Art. 255. Infanticide. - The penalty provided for
parricide in Article 246 and for murder in Article
248 shall be imposed upon any person who shall
kill any child less than three days of age.
If any crime penalized in this Article be
committed by the mother of the child for the
purpose of concealing her dishonor, she shall
suffer the penalty of prision mayor in its medium
and maximum periods, and if said crime be
committed for the same purpose by the maternal
grandparents or either of them, the penalty shall
be reclusion temporal."
"Art. 267. Kidnapping and serious illegal
detention. - Any private individual who shall
kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the
penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall
have lasted more than three days.
2. If it shall have been committed
simulating public authority.
3. If any serious physical injuries shall
have been inflicted upon the person
kidnapped or detained; or if threats to
kill him shall have been made.
4. If the person kidnapped or detained
shall be a minor, except when the
accused is any of the parents, female or
a public officer.
The penalty shall be death penalty where the
kidnapping or detention was committed for the
purpose of extorting ransom from the victim or
any other person, even if none of the
circumstances above-mentioned were present in
the commission of the offense.
When the victim is killed or dies as a
consequence of the detention or is raped, or is
subjected to torture or dehumanizing acts, the
maximum penalty shall be imposed."
"Art. 294. Robbery with violence against or
intimidation of persons - Penalties. - Any person
guilty of robbery with the use of violence against
or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to
death, when by reason or on occasion of
the robbery, the crime of homicide shall
have been committed, or when the
robbery shall have been accompanied by
rape or intentional mutilation or arson.
2. The penalty of reclusion temporal in
its medium period to reclusion perpetua,
when or if by reason or on occasion of
such robbery, any of the physical

injuries penalized in subdivision I of
Article 263 shall have been inflicted.
3. The penalty of reclusion temporal,
when by reason or on occasion of the
robbery, any of the physical injuries
penalized in subdivision 2 of the article
mentioned in the next preceding
paragraph, shall have been inflicted.
4. The penalty of prision mayor in its
maximum period to reclusion temporal
in its medium period, if the violence or
intimidation employed in the
commission of the robbery shall have
been carried to a degree clearly
unnecessary for the commission of the
crime, or when in the course of its
execution, the offender shall have
inflicted upon any person not
responsible for its commission any of
the physical injuries covered by
subdivisions 3 and 4 of said Article 263.
5. The penalty of prision correccional in
its maximum period to prision mayor in
its medium period in other cases."
"Art. 320. Destructive Arson. - The penalty of
upon any person who shall burn:
1. One (1) or more buildings or edifices,
consequent to one single act of burning,
or as a result of simultaneous burnings,
committed on several or different
occasions.
2. Any building of public or private
ownership, devoted to the public in
general or where people usually gather
or congregate for a definite purpose
such as, but not limited to, official
governmental function or business,
private transaction, commerce, trade,
workshop, meetings and conferences, or
merely incidental to a definite purpose
such as but not limited to hotels, motels,
transient dwellings, public conveyances
or stops or terminals, regardless of
whether the offender had knowledge
that there are persons in said building or
edifice at the time it is set on fire and
regardless also of whether the building
is actually inhabited or not.
3. Any train or locomotive, ship or
vessel, airship or airplane, devoted to
transportation or conveyance, or for
public use, entertainment or leisure.
4. Any building, factory, warehouse
installation and any appurtenances
thereto, which are devoted to the service
of public utilities.
5. Any building the burning of which is
for the purpose of concealing or
destroying evidence of another violation
of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to
collect from insurance.
Irrespective of the application of the above
enumerated qualifying circumstances, the

penalty of reclusion perpetua to death shall
likewise be imposed when the arson is
perpetrated or committed by two (2) or more
persons or by a group of persons, regardless of
whether their purpose is merely to burn or
destroy the building or the burning merely
constitutes an overt act in the commission or
another violation of law.
The penalty of reclusion perpetua to death shall
also be imposed upon any person who shall
burn:
1. Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or
general museum of the Government.
2. In an inhabited place, any storehouse
or factory of inflammable or explosive
materials.
If as a consequence of the commission
of any of the acts penalized under this
Article, death results, the mandatory
penalty of death shall be imposed."
"Art. 335. When and how rape is committed. Rape is committed by having carnal knowledge
of a woman under any of the following
circumstances:
1. By using force or intimidation;
2. When the woman is deprived of
reason or otherwise unconscious; and
3. When the woman is under twelve
years of age or is demented.
The crime of rape shall be punished by reclusion
perpetua.
Whenever the crime of rape is committed with
the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua
to death.
When by reason or on the occasion of the rape,
the victim has become insane, the penalty shall
be death.
When the rape is attempted or frustrated and a
homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion
perpetua to death.
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be
death.
The death penalty shall also be imposed if the
crime of rape is committed with any of the
following attendant circumstances:
1. when the victim is under eighteen
(18) years of age and the offender is a
parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity
within the third civil degree, or the
common-law-spouse of the parent of the
victim.
2. when the victim is under the custody
of the police or military authorities.
3. when the rape is committed in full
view of the husband, parent, any of the
children or other relatives within the
third degree of consanguinity.
4. when the victim is a religious or a
child below seven (7) years old.

5. when the offender knows that he is
afflicted with Acquired Immune
Deficiency Syndrome (AIDS) disease.
6. when committed by any member of
the Armed Forces of the Philippines or
the Philippine National Police or any
law enforcement agency.
7. when by reason or on the occasion of
the rape, the victim has suffered
permanent physical mutilation."
Section 12. Section 2 of Republic Act No. 7080 (An Act
Defining and Penalizing the Crime of Plunder) is hereby
"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 illgotten 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 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of
Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act 1972, are hereby amended to read
as follows:
"Sec. 3. Importation of Prohibited Drugs. - The
penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person
who, unless authorized by law, shall import or
bring into the Philippines any prohibited drug.
"Sec. 4. Sale, Administration, Delivery,
Distribution and Transportation of Prohibited
Drugs. - The penalty of reclusion perpetua to
death and a fine from five hundred thousand
pesos to ten million pesos shall be imposed upon
any person who, unless authorized by law, shall
sell, administer, deliver, give away to another,
distribute, dispatch in transit or transport any
prohibited drug, or shall act as a broker in any of
such transactions.
Notwithstanding the provisions of Section 20 of
this Act to the contrary, if the victim of the
offense is a minor, or should a prohibited drug
involved in any offense under this Section be the
proximate cause of the death of a victim thereof,
the maximum penalty herein provided shall be
imposed.
"Sec. 5. Maintenance of a Den, Dive or Resort
for Prohibited Drug Users. - The penalty of
reclusion perpetua to death and a fine ranging
from five hundred thousand pesos to ten million
pesos shall be imposed upon any person or
group of persons who shall maintain a den, dive
or resort where any prohibited drug is used in
any form or where such prohibited drugs in
quantities specified in Section 20, Paragraph 1 of
this Act are found.
this Act to the contrary, the maximum of the
penalty shall be imposed in every case where a
prohibited drug is administered, delivered or
sold to a minor who is allowed to use the same
in such place.
Should a prohibited drug be the proximate cause
of the death of a person using the same in such
den, dive or resort, the maximum penalty herein
provided shall be imposed on the maintainer
notwithstanding the provisions of Section 20 of
this Act to the contrary.
"Sec. 7. Manufacture of Prohibited Drug. - The
penalty of reclusion perpetua to death and fine
who, unless authorized by law, shall engage in
the manufacture of any prohibited drug.
"Sec. 8. Possession or Use of Prohibited Drugs. The penalty of reclusion perpetua to death and a
fine ranging from five hundred thousand pesos
to ten million pesos shall be imposed upon any
person who, unless authorized by law, shall
possess or use any prohibited drug subject to the
provisions of Section 20 hereof.
"Sec. 9. Cultivation of Plants which are Sources
of Prohibited Drugs. - The penalty of reclusion
perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos
shall be imposed upon any person who shall
plant, cultivate or culture any medium Indian
hemp, opium poppy (papaver somniferum), or
any other plant which is or may hereafter be
classified as dangerous drug or from which any
dangerous drug may be manufactured or derived.
The land or portions hereof, and/or greenhouses
on which any of said plants is cultivated or
cultured shall be confiscated and escheated to
the State, unless the owner thereof can prove that
he did not know such cultivation or culture
despite the exercise of due diligence on his part.
If the land involved in is part of the public
domain, the maximum of the penalties herein
provided shall be imposed upon the offender."
Section 14. Sections 14, 14-A, and 15 of Article III of
Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, are hereby amended to
read as follows:
"Sec. 14. Importation of Regulated Drugs. - The
penalty of reclusion perpetua to death and a fine
who, unless authorized by law, shall import or
bring any regulated drug in the Philippines.
"Sec. 14-A. Manufacture of Regulated Drugs. The penalty of reclusion perpetua to death and a
fine ranging from five hundred thousand pesos

person who, unless authorized by law, shall
engage in the manufacture of any regulated drug.
"Sec. 15. Sale, Administration, Dispensation,
Delivery, Transportation and Distribution of
Regulated Drugs. - The penalty of reclusion
perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos
shall be imposed upon any person who, unless
authorized by law, shall sell, dispense, deliver,
transport or distribute any regulated drug.
this Act to the contrary, if the victim of the
offense is a minor, or should a regulated drug
involved in any offense under this Section be the
proximate cause of the death of a victim thereof,
the maximum penalty herein provided shall be
imposed."
Section 15. There shall be incorporated after Section 15
of Article III of Republic Act No. 6425, as amended,
known as the Dangerous Drug Act of 1972, a new
section to read as follows:
"Sec. 15-a. Maintenance of a den, dive or resort
for regulated drug users. - The penalty of
reclusion perpetua to death and a fine ranging
pesos shall be imposed upon any person or
group of persons who shall maintain a den, dive
or resort where any regulated drugs is used in
any form, or where such regulated drugs in
quantities specified in Section 20, paragraph 1 of
this Act are found.
this Act to the contrary, the maximum penalty
herein provided shall be imposed in every case
where a regulated drug is administered,
delivered or sold to a minor who is allowed to
use the same in such place.
Should a regulated drug be the proximate cause
of the death of a person using the same in such
den, dive or resort, the maximum penalty herein
provided shall be imposed on the maintainer
notwithstanding the provisions of Section 20 of
this Act to the contrary."
Section 16. Section 16 of Article III of Republic Act No.
6425, as amended, known as the Dangerous Drugs Act of
1972, is amended to read as follows:
"Sec. 16. Possession or Use of Regulated Drugs.
- The penalty of reclusion perpetua to death and
a fine ranging from five hundred thousand pesos
person who shall possess or use any regulated
drug without the corresponding license or
prescription, subject to the provisions of Section
20 hereof."
Section 17. Section 20, Article IV of Republic
Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, is hereby
Sec. 20. Application of Penalties, Confiscation
and Forfeiture of the Proceeds or Instruments of
the Crime. - The penalties for offenses under
Section 3, 4, 7, 8 and 9 of Article II and Sections
14, 14-A, 15 and 16 of Article III of this Act
shall be applied if the dangerous drugs involved
is in any of the following quantities :

1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or
methylamphetamine hydrochloride;
4. 40 grams or more of heroin;
5. 750 grams or more of indian hemp or
marijuana;
6. 50 grams or more of marijuana resin
or marijuana resin oil;
7. 40 grams or more of cocaine or
cocaine hydrochloride; or
8. In the case of other dangerous drugs,
the quantity of which is far beyond
therapeutic requirements, as determined
and promulgated by the Dangerous
Drugs Board, after public
consultations/hearings conducted for the
purpose.
Otherwise, if the quantity involved is less than
the foregoing quantities, the penalty shall range
from prision correccional to reclusion perpetua
depending upon the quantity.
Every penalty imposed for the unlawful
importation, sale, administration, delivery,
transportation or manufacture of dangerous
drugs, the cultivation of plants which are sources
of dangerous drugs and the possession of any
opium pipe and other paraphernalia for
dangerous drugs shall carry with it the
confiscation and forfeiture, in favor of the
Government, of all the proceeds of the crime
including but not limited to money and other
obtained thereby and the instruments or tools
with which it was committed, unless they are the
property of a third person not liable for the
offense, but those which are not of lawful
commerce shall be ordered destroyed without
delay. Dangerous drugs and plant sources of
such drugs as well as the proceeds or
instruments of the crime so confiscated and
forfeited in favor of the Government shall be
turned over to the Board for proper disposal
without delay.
Any apprehending or arresting officer who
misappropriates or misapplies or fails to account
for seized or confiscated dangerous drugs or
plant-sources of dangerous drugs or proceeds or
instruments of the crime as are herein defined
shall after conviction be punished by the penalty
of reclusion perpetua to death and a fine ranging
pesos."
Section 18. There shall be incorporated after Section 20
of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, a new section to read as
follows:
"Sec. 20-A. Plea-bargaining Provisions. - Any
person charged under any provision of this Act
where the imposable penalty is reclusion
perpetua to death shall not be allowed to avail of
the provision on plea bargaining."
Section 19. Section 24 of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act of 1972, is
hereby amended to read as follows :
"Sec. 24. Penalties for Government Official and
Employees and Officers and Members of Police

Agencies and the Armed Forces, 'Planting' of
Evidence. - The maximum penalties provided for
Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of
Article II and Sections 14, 14-A, 15(1), 16 and
19 of Article III shall be imposed, if those found
guilty of any of the said offenses are government
officials, employees or officers, including
members of police agencies and the armed
forces.
Any such above government official, employee
or officer who is found guilty of "planting" any
dangerous drugs punished in Sections 3, 4, 7, 8,
9 and 13 of Article II and Sections 14, 14-A, 15
and 16 of Article III of this Act in the person or
in the immediate vicinity of another as evidence
to implicate the latter, shall suffer the same
penalty as therein provided."
Section 20. Sec. 14 of Republic Act No. 6539, as
amended, known as the Anti-Carnapping Act of 1972, is
hereby amended to read as follows:
"Sec. 14. Penalty for Carnapping. - Any person
who is found guilty of carnapping, as this term is
defined in Section Two of this Act, shall,
irrespective of the value of motor vehicle taken,
be punished by imprisonment for not less than
fourteen years and eight months and not more
than seventeen years and four months, when the
carnapping is committed without violence or
intimidation of persons, or force upon things;
and by imprisonment for not less than seventeen
years and four months and not more than thirty
years, when the carnapping is committed by
means of violence against or intimidation of any
person, or force upon things; and the penalty of
when the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the
course of the commission of the carnapping or
on the occasion thereof."
Section 21. Article 27 of the Revised Penal Code, as
amended, is hereby amended to read as follows:
"Art. 27. Reclusion perpetua. - The penalty of
reclusion perpetua shall be from twenty years
and one day to forty years.
Reclusion temporal. - The penalty of reclusion
temporal shall be from twelve years and one day
to twenty years.
Prision mayor and temporary disqualification. The duration of the penalties of prision mayor
and temporary disqualification shall be from six
years and one day to twelve years, except when
the penalty of disqualification is imposed as an
accessory penalty, in which case, it shall be that
of the principal penalty.
Prision correccional, suspension, and destierro. The duration of the penalties of prision
correccional, suspension, and destierro shall be
from six months and one day to six years, except
when the suspension is imposed as an accessory
penalty, in which case, its duration shall be that
of the principal penalty.
Arresto mayor. - The duration of the penalty of
arresto mayor shall be from one month and one
day to six months.
Arresto menor. - The duration of the penalty of
arresto menor shall be from one day to thirty

days.
Bond to keep the peace. - The bond to keep the
peace shall be required to cover such period of
time as the court may determine."
Art. 47. In what cases the death penalty shall not
be imposed; Automatic review of the Death
Penalty Cases. - The death penalty shall be
imposed in all cases in which it must be imposed
under existing laws, except when the guilty
person is below eighteen (18) years of age at the
time of the commission of the crime or is more
than seventy years of age or when upon appeal
or automatic review of the case by the Supreme
Court, the required majority vote is not obtained
for the imposition of the death penalty, in which
cases the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed
by the trial court, the records shall be forwarded
to the Supreme Court for automatic review and
judgment by the Court en banc, within twenty
(20) days but not earlier than fifteen (15) days
after promulgation of the judgment or notice of
denial of any motion for new trial or
reconsideration. The transcript shall also be
forwarded within ten (10) days from the filing
thereof by the stenographic reporter."
Section 23. Article 62 of the same Code, as amended, is
"Art. 62. Effects of the attendance of mitigating
or aggravating circumstances and of habitual
delinquency. - Mitigating or aggravating
circumstances and habitual delinquency shall be
taken into account for the purpose of
diminishing or increasing the penalty in
conformity with the following rules:
1. Aggravating circumstances which in
themselves constitute a crime specially
punishable by law or which are included by the
law in defining a crime and prescribing the
penalty therefor shall not be taken into account
for the purpose of increasing the penalty.
1(a). When in the commission of the crime,
advantage was taken by the offender of his
public position, the penalty to be imposed shall
be in its maximum regardless of mitigating
circumstances.
The maximum penalty shall be imposed if the
offense was committed by any group who
belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a
group of two or more persons collaborating,
confederating or mutually helping one another
for purposes of gain in the commission of any
crime.
2. The same rule shall apply with respect to any
aggravating circumstances inherent in the crime
to such a degree that it must of necessity
accompany the commission thereof.
3. Aggravating or mitigating circumstances
which arise from the moral attributes of the
offender, or from his private relations with the
offended party, or from any other personal cause,
shall only serve to aggravate or mitigate the
liability of the principals, accomplices and

accessories as to whom such circumstances are
attendant.
4. The circumstances which consist in the
material execution of the act, or in the means
employed to accomplish it, shall serve to
aggravate or mitigate the liability of those
persons only who had knowledge of them at the
time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the following
effects :
(a) Upon a third conviction the culprit
shall be sentenced to the penalty
provided by law for the last crime of
which he be found guilty and to the
additional penalty of prision
correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the culprit
shall be sentenced to the penalty
provided for the last crime of which he
be found guilty and to the additional
penalty of prision mayor in its minimum
and medium periods; and
(c) Upon a fifth or additional conviction,
the culprit shall be sentenced to the
penalty provided for the last crime of
which he be found guilty and to the
additional penalty of prision mayor in its
maximum period to reclusion temporal
in its minimum period.
Notwithstanding the provisions of this
article, the total of the two penalties to
be imposed upon the offender, in
conformity herewith, shall in no case
exceed 30 years.
For purposes of this article, a person
shall be deemed to be a habitual
delinquent, if within a period of ten
years from the date of his release or last
conviction of the crimes of serious or
less serious physical injuries, robo,
hurto, estafa or falsification, he is found
guilty of any of said crimes a third time
or oftener.
Section 24. Article 81 of the same Code, as amended, is
"Art. 81. When and how the death penalty is to
be executed. - The death sentence shall be
executed with preference to any other and shall
consist in putting the person under sentence to
death by electrocution. The death sentence shall
be executed under the authority of the Director
of Prisons, endeavoring so far as possible to
mitigate the sufferings of the person under the
sentence during electrocution as well as during
the proceedings prior to the execution.
If the person under sentence so desires, he shall
be anaesthetized at the moment of the execution.
As soon as facilities are provided by the Bureau
of Prisons, the method of carrying out the
sentence shall be changed to gas poisoning.
The death sentence shall be carried out not later
than one (1) year after the judgment has become
final."

"Art. 83. Suspension of the execution of the
death sentence. - The death sentence shall not be
inflicted upon a woman while she is pregnant or
within one (1) year after delivery, nor upon any
person over seventy years of age. In this last
case, the death sentence shall be commuted to
the penalty of reclusion perpetua with the
accessory penalties provided in Article 40.
In all cases where the death sentence has become
final, the records of the case shall be forwarded
immediately by the Supreme Court to the Office
of the President for possible exercise of the
pardoning power."
Section 26.
Section 27. If, for any reason or reasons, any part of the
provision of this Act shall be held to be unconstitutional
or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and
effect.
Section 28. This Act shall take effect fifteen (15) days
after its publication in two (2) national newspapers of
general circulation. The publication shall not be later
than seven (7) days after the approval hereof.
Approved: December 13, 1993
Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE
CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative
Section 1. Short Title. - This Act shall be known as
the "Anti-Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the
dignity and privacy of every human person and
guarantees full respect for human rights. Toward this end,
the State shall penalize acts that would destroy the honor,
dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this
Act, the term:
(a) "Broadcast" means to make public, by any
means, a visual image with the intent that it be
viewed by a person or persons.
(b) "Capture" with respect to an image, means to
videotape, photograph, film, record by any
means, or broadcast.
(c) "Female breast" means any portion of the
female breast.
(d) "Photo or video voyeurism" means the act of
taking photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or of capturing an image of the
private area of a person or persons without the
latter's consent, under circumstances in which
such person/s has/have a reasonable expectation
of privacy, or the act of selling, copying,
reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or
recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones

and similar means or device without the written
consent of the person/s involved,
notwithstanding that consent to record or take
photo or video coverage of same was given by
such person's.
(e) "Private area of a person" means the naked or
undergarment clad genitals, public area, buttocks
or female breast of an individual.
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means
believe that he/she could disrobe in privacy,
without being concerned that an image or a
private area of the person was being captured; or
circumstances in which a reasonable person
would believe that a private area of the person
would not be visible to the public, regardless of
whether that person is in a public or private
place.
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 5. Penalties. - The penalty of imprisonment of
not less that three (3) years but not more than seven (7)
years and a fine of not less than One hundred thousand
pesos (P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00), or both, at the discretion
of the court shall be imposed upon any person found
guilty of violating Section 4 of this Act.
If the violator is a juridical person, its license or
franchise shall be automatically be deemed revoked and
the persons liable shall be the officers thereof including
the editor and reporter in the case of print media, and the
station manager, editor and broadcaster in the case of a
broadcast media.
If the offender is a public officer or employee, or a
professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to

deportation proceedings after serving his/her sentence
and payment of fines.
The same penalty shall be imposed when a person sets

fire to his own property under circumstances which
expose to danger the life or property of another.
Section 6. Exemption. - Nothing contained in this Act,

however, shall render it unlawful or punishable for any
peace officer, who is authorized by a written order of the
court, to use the record or any copy thereof as evidence
in any civil, criminal investigation or trial of the crime of
photo or video voyeurism: Provided, That such written
order shall only be issued or granted upon written
application and the examination under oath or
affirmation of the applicant and the witnesses he/she may
produce, and upon showing that there are reasonable
grounds to believe that photo or video voyeurism has
been committed or is about to be committed, and that the
evidence to be obtained is essential to the conviction of
any person for, or to the solution or prevention of such,
crime.
Section 2. Destructive Arson. The penalty of Reclusion

Temporal in its maximum period to Reclusion Perpetua
shall be imposed if the property burned is any of the
following:
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, quasijudicial, legislative or administrative hearing or
investigation.1avvphi1
Section 8. Separability Clause. - If any provision or part
hereof is held invalid or unconstitutional, the remaining
provisions not affected thereby shall remain valid and
subsisting.
Section 9. Repealing Clause. - Any law, presidential
decree or issuance, executive order, letter of instruction ,
administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby
repealed, modified or amended accordingly.
Section 10. Effectivity Clause. - This Act shall take effect
fifteen (15) days after its complete publication in the
Official Gazette or in two(2) newspapers of general
circulation.
PRESIDENTIAL DECREE No. 1613

AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence
agencies of the government reveal that fires and other
crimes involving destruction in Metro Manila and other
urban centers in the country are being perpetrated by
criminal syndicates, some of which have foreign
connections;
WHEREAS, the current law on arson suffers from
certain inadequacies that impede the successful
enforcement and prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of
fires and other crimes involving destruction be prevented
to protect the national economy and preserve the social,
economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and
decree as part of the law of the land, the following:
Section 1. Arson. Any person who burns or sets fire to
the property of another shall be punished by Prision
Mayor.
1. Any ammunition factory and other

establishment where explosives, inflammable or
combustible materials are stored.
2. Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3. Any church or place of worship or other
building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
4. Any building where evidence is kept for use in
any legislative, judicial, administrative or other
official proceedings.
5. Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building.
6. Any building, whether used as a dwelling or
not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of
Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
4. Any rice mill, sugar mill, cane mill or mill
central; and
5. Any railway or bus station, airport, wharf or
warehouse.
Section 4. Special Aggravating Circumstances in
Arson. The penalty in any case of arson shall be imposed
in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned
or carried out by a group of three (3) or more persons.
Section 5. Where Death Results from Arson. If by reason
of or on the occasion of the arson death results, the
penalty of Reclusion Perpetua to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the
following circumstances shall constitute prima facie
evidence of arson:
1. If the fire started simultaneously in more than
one part of the building or establishment.
2. If substantial amount of flammable substances
or materials are stored within the building note
necessary in the business of the offender nor for
household us.
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers thereof,
or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or
ashes or traces of any of the foregoing are found
in the ruins or premises of the burned building or
property.
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy.
4. If during the lifetime of the corresponding fire
insurance policy more than two fires have
occurred in the same or other premises owned or
under the control of the offender and/or insured.
5. If shortly before the fire, a substantial portion
of the effects insured and stored in a building or
property had been withdrawn from the premises
except in the ordinary course of business.
6. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender or for
the safety of the person or property of the victim.

Section 7. Conspiracy to commit Arson. Conspiracy to
commit arson shall be punished by Prision Mayor in its
minimum period.
Section 8. Confiscation of Object of Arson. The building
which is the object of arson including the land on which
it is situated shall be confiscated and escheated to the
State, unless the owner thereof can prove that he has no
participation in nor knowledge of such arson despite the
exercise of due diligence on his part.
Section 9. Repealing Clause. The provisions of Articles
320 to 326-B of the Revised Penal Code and all laws,
executive orders, rules and regulations, or parts thereof,
inconsistent with the provisions of this Decree are hereby
repealed or amended accordingly.
Section 10. Effectivity. This Decree shall take effect
immediately upon publication thereof at least once in a
newspaper of general circulation.
Done in the City of Manila, this 7th day of March, in the
year of Our Lord, nineteen hundred and seventy-nine.

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[REPUBLIC ACT NO.

(s) Bahay Pag-asa refers to a 24-hour child-caring

SEC. 3. Section 6 of Republic Act No. 9344 is hereby

SEC. 8. Juvenile Justice and Welfare Council (JJWC).

levels and the coordination among its member agencies.

(f) To consult with the various leagues of local

SEC.5. Section 9 of Republic Act No. 9344 is hereby

(j) To initiate and coordinate the conduct of trainings for

SEC. 9. Duties and Functions of the JJWC. The JJWC

(k) To submit an annual report to the President on the

(a) To oversee the implementation of this Act;

(l) To perform such other functions as may be necessary

(b) To advise the President on all matters and policies

SEC. 9-A. Duties and Functions of the RJJWC. The

(d) To coordinate the implementation of the juvenile

they refuse to take custody, the child may be released to

intervention program. The court will decide whether the

Every Bahay Pag-asa will have a special facility called

The JJWC shall lead in the establishment of a centralized

(a) To value the dignity of every human person

any law enforcement agency of the government,

(2) Threatening a person(s) or his/fher

a copy of the complete list available at the respective

or for any interested party thereto.

lower ranking personnel to commit torture for whatever

harm other than those described 1n paragraph (b)

Section 17. Applicability of Refouler. - No person shall

the Philippines is a signatory or a State party

child or someone who the offender believes to be

carried out by a group of three (3) or more persons

for the implementation of this provision which shall

Towards this end, the following rules shall be observed:

well as to the rights and benefits of witnesses

(d) The penalty provided for in this Act shall be

on any form of child pornography and other acts

Section 23. Extradition. - The DOJ, in consultation with

REPUBLIC ACT NO. 7659

THAT PURPOSE THE REVISED PENAL LAWS,

person who, on the high seas, or in Philippine

such robbery, any of the physical

enumerated qualifying circumstances, the

child below seven (7) years old.

fine ranging from five hundred thousand pesos

is in any of the following quantities :

Employees and Officers and Members of Police

arresto menor shall be from one day to thirty

liability of the principals, accomplices and

amended to read as follows:

Republic Act No. 9995

through VCD/DVD, internet, cellular phones

If the offender is an alien, he/she shall be subject to

The same penalty shall be imposed when a person sets

Section 6. Exemption. - Nothing contained in this Act,

Section 2. Destructive Arson. The penalty of Reclusion

Section 7. Inadmissibility of Evidence. - Any record,

PRESIDENTIAL DECREE No. 1613

1. Any ammunition factory and other

the safety of the person or property of the victim.

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