R.A.

8049
An Act Regulating Hazing
and Other Forms of Initiation Rites
in Fraternities, Sororities and other Organizations

the case may be, to be present during the initiation. It is the duty of such
representative to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant. (3)

What is Hazing?

Who are punishable?

Hazing is an initiation rite or practice as a prerequisite for admission

into membership in a fraternity, sorority or organization by placing the recruit
neophyte or applicant in some embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish and similar tasks or activities or
otherwise subjecting him to physical or psychological suffering or injury.
(1)

If the person subjected to hazing or other forms of initiation rites suffers any
physical injury or dies as a result thereof, the following are punished under
the law:

The term organization shall include any club or the Armed Forces
of the Philippines, Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the Citizen's Military Training, or
Citizen's Army Training. But the physical, mental and psychological
testing and training procedure and practices to determine and enhance the
physical, mental and psychological fitness of prospective regular members of
the Armed Forces of the Philippines and the Philippine National Police as
approved by the Secretary of National Defense and the National Police
Commission duly recommended by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National Police shall
not be considered as hazing for the purpose of this Act. (1)

AS PRINCIPALS:
1.

The officer and members of the fraternity, sorority or organization

who actually participated in the infliction of physical harm

2.

If the hazing is held in the home of one of the officers or members of

the fraternity, group, or organization, the parents shall be held liable as
principals when they have actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring.

3.

The officers, former officers, or alumni of the organization,

group, fraternity, or sorority who actually planned the hazing
although not present when the acts constituting the hazing were
committed

4.

Officers or members of an organization, group, fraternity, or

sorority who knowingly cooperated in carrying out the hazing by
inducing the victim to be present thereat

5.

A fraternity or sorority's adviser who is present when the acts

constituting the hazing were committed and failed to take any action to
prevent the same from occurring

Requirements before hazing may be conducted

1.

No hazing or initiation rites in any form or manner by a fraternity,

sorority or organization shall be allowed without prior written notice to
the school authorities or head of organization seven (7) days before the
conduct of such initiation. The written notice shall indicate the ff:

2.

period of the initiation activities which shall not exceed three

(3) days,
the names of those to be subjected to such activities
an undertaking that no physical violence be employed by
anybody during such initiation rites. (2)

The head of the school or organization or their representatives must

assign at least two (2) representatives of the school or organization as

AS ACCOMPLICES:
6.

The owner of the place where hazing is conducted shall be liable

as an accomplice, when he has actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same from
occurring.

7.

The school authorities including faculty members who consent to

the hazing or who have actual knowledge thereof but failed to take any
action to prevent the same from occurring shall be punished as
accomplices for the acts of hazing committed by the perpetrators.

The presence of any person during the hazing is prime facie evidence of
participation therein as a principal unless he prevented the commission of the
acts punishable herein.
Any person charged under this provision shall not be entitled to the
mitigating circumstance that there was no intention to commit so grave a
wrong.

sanctions on the person or persons charged under this law even before their
conviction.

Article 266-A. Rape, When and How Committed

Elements under paragraph 1:
1.
2.
3.
a.
b.

This section shall apply to the president, manager, director or other

responsible officer of a corporation engaged in hazing as a requirement for
employment in the manner provided herein. (4)

a)
b)
c)

d)
e)

The maximum penalty shall be imposed in any of the following instances:

when the recruitment is accompanied by force, violence, threat,
intimidation or deceit on the person of the recruit who refuses to join;
when the recruit, neophyte or applicant initially consents to join but upon
learning that hazing will be committed on his person, is prevented from
quitting.
when the recruit neophyte or applicant having undergone hazing is
prevented from reporting the unlawful act to his parents or guardians,
to the proper school authorities, or to the police authorities through force,
violence , threat or intimidation;
when the hazing is committed outside of the school or institution: or
when the victim is below twelve (12) years of age at the time of the
hazing.
The responsible officials of the school or of the police, military or citizen's
army training organization, may impose the appropriate administrative

By using force or intimidation;

When the woman is deprived of reason or otherwise
unconscious;
By means of fraudulent machination or grave abuse of
authority; or
When the woman is under 12 years of age or demented.

c.
d.

Penalties imposed
The penalties imposed shall vary depending on the injury suffered by
the victim. If the victim dies, is raped, sodomized or mutilated, the penalty is
reclusion perpetua to death.

Offender is a man;
Offender had carnal knowledge of a woman;
Such act is accomplished under any of the following
circumstances:

Elements under paragraph 2:

1.
2.

Offender commits an act of sexual assault;

The act of sexual assault is committed by any of the following
means:
a.

By inserting his penis into another person's mouth or anal

orifice; or
b.
By inserting any instrument or object into the genital or anal
orifice of another person;
3.

The act of sexual assault is accomplished under any of the

following circumstances:
a.
b.

By using force or intimidation; or

When the woman is deprived of reason or otherwise
unconscious; or
c.
By means of fraudulent machination or grave abuse of
authority; or
d.
When the woman is under 12 years of age or demented.
Rape can now be committed by a male or a

female.

Only one of the four circumstances mentioned is

7.

Force employed against the victim of the rape

need not be of such character as could be resisted. It is enough that the
force used is sufficient to consummate the purpose of copulating with the
offended woman.
When the offender in rape has an ascendancy or
influence over the girl, it is not necessary that she put up a determined
resistance.
Rape may be proved by the uncorroborated
testimony of the offended woman.
There is no crime of frustrated rape (see Orita
case).
Character of the offended woman is immaterial in
rape.
When several persons conspired to rape a single
victim, each shall be liable for the rape committed personally by him, as
well as those committed by the others

sufficient.

Where the offender is afflicted with AIDS or other sexually

transmissible diseases, and he is aware thereof when he committed the
rape, and the disease was transmitted;
8.
Where the victim has suffered permanent physical mutilation;
9.
Where the pregnancy of the offended party is known to the rapist
at the time of the rape; or
10.
Where the rapist is aware of the victims mental disability,
emotional disturbance or physical handicap.

Article 266-B. Penalties

When rape is punished by death:
1.

2.
3.
4.
5.
6.

Where the victim is under 18 years of age and the offender is her
ascendant, stepfather, guardian, or relative by affinity or consanguinity
within the 3rd civil degree, or the common law husband of the victims
mother; or
Where the victim was under the custody of the police or military
authorities, or other law enforcement agency;
Where the rape is committed in full view of the victims husband,
the parents, any of the children or relatives by consanguinity within the
3rd civil degree;
Where the victim is a religious, that is, a member of a legitimate
religious vocation and the offender knows the victim as such before or at
the time of the commission of the offense;
Where the victim is a child under 7 yrs of age;
Where the offender is a member of the AFP, its paramilitary arm,
the PNP, or any law enforcement agency and the offender took advantage
of his position;

Rape under the first type is punished by reclusion

perpetua. Rape under the second type is punished by reclusion temporal.
Penalties are increased in these instances:
o
When it is committed with the use of a
deadly weapon or by two or more persons
o
When the victim becomes insane
o
When there is attempted rape and homicide
is committed by reason or on the occasion thereof
o
When homicide is committed by reason or
on the occasion of rape
o
When rape is committed with any of the
enumerated qualifying or aggravating circumstances (death penalty
is imposed)
Rape with homicide is now a special
complex crime, punishable by death (first type) or reclusion perpetua
(second type).

266-C. Effect of pardon

Subsequent valid marriage between the offender

and the offended party shall extinguish the criminal action or the penalty imposed.
In case it is the legal husband who is the offender,
the subsequent forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty, provided that their marriage is not void ab initio.

266-D. Presumptions
Evidence which may be accepted in the prosecution of rape:
1.
2.

any physical overt act manifesting resistance against the act of

rape in any degree from the offended party.
where the offended party is so situated as to render him/her
incapable of giving consent.

Old rape law

Crime against chastity
May be committed by a
man against a woman
ONLY
PRIVATE CRIME
Complaint must be filed
by the woman or her
parents, grandparents or
guardian if the woman
was a minor or
incapacitated
Marriage of the victim
with one of the offenders
benefits not only the
principal but also the
accomplices and
accessories
Marital rape NOT
recognized

New rape law

Crime against persons
Under the second type,
sexual assault may be
committed
by
ANY
PERSON
May be prosecuted even if
the woman does not file a
complaint

Marriage extinguishes the

penal action only as to the
principal (the person who
married the victim)
Marital rape recognized

R.A. 7610
Special Protection of Children against Child Abuse, Exploitation and
Discrimination Act
A. CHILD PROSTITUTION
Who are children exploited in prostitution and other sexual abuse?
Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
Who are punishable?
1. Those who engage in or promote, facilitate or induce child prostitution,
which include, but are not limited to, the following:
a. Acting as a procurer of a child prostitute;
b. Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
c. Taking advantage of influence or relationship to procure a child as
prostitute;

d. Threatening or using violence towards a child to engage him as a

prostitute; or
e. Giving monetary consideration, goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
2. Those who commit the act of sexual intercourse or lascivious conduct
with a child exploited in prostitution or subject to other sexual abuse;
- If the victim is under 12, the perpetrators shall be prosecuted for rape
and or lascivious conduct under the RPC as the case may be
- However, the penalty for lascivious conduct when the victim is under
twelve (12) years of age shall be higher (reclusion temporal in its
medium period)
3. Those who derive profit or advantage therefrom, whether as manager or
owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which
the license has been issued to said establishment.
When is there attempt to commit child prostitution?
A penalty lower by two degrees than that prescribed for the consummated
felony shall be imposed upon the principals of an attempt to commit the
crime of child prostitution, committed as follows:
1. Attempt of (1) above When any person who, not being a relative of a
child, is found alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child
is about to be exploited in prostitution and other sexual abuse; or
2. Attempt of (2) above When any person is receiving services from a
child in a sauna parlor or bath, massage clinic, health club and other similar
establishments.
B. CHILD TRAFFICKING
What is child trafficking?

Child trafficking is committed by a person trading and dealing with children

including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter.
When is there attempt to commit child trafficking?
(An attempt is punishable by a penalty two degrees lower than the penalty for
the consummated offense)
There is an attempt to commit child trafficking:
1. When a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child's parents or
legal guardian;
2. When a person, agency, establishment or child-caring institution recruits
women or couples to bear a children for the purpose of child trafficking;
3. When doctor, hospital or clinic official or employee, nurse, midwife, local
civil registrar or any other person simulates birth for the purpose of child
trafficking;
4. When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.

(criminal liability of parents due to abandonment, neglect etc.), but not

covered by the RPC;
2. Any person who shall keep or have in his company a minor, twelve (12)
years or under or who is ten (10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort or similar places
UNLESS s/he is related to the minor within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.
3. Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as provided in
the preceding paragraph;
4. Any person, owner, manager or one entrusted with the operation of any
public or private place of accommodation, whether for occupancy, food,
drink or otherwise, including residential places, who allows any person to
take along with him to such place or places any minor herein described;
5. Any person who shall use, coerce, force or intimidate a street child or
any other child to;
- Beg or use begging as a means of living;
- Act as conduit or middlemen in drug trafficking or pushing;
- Conduct any illegal activities
E. WORKING CHILDREN

C. OBSCENE PUBLICATIONS AND INDECENT SHOWS

Who are punishable?
Any person who shall hire, employ, use, persuade, induce or coerce a child
to perform in obscene exhibitions and indecent shows, whether live or in
video, or model in obscene publications or pornographic materials or to sell
or distribute the said materials.

Who are punishable?

Any person who shall violate any of the provision of the Act with respect to working
children (conditions for the employment of children under 15, prohibitions on the
employment of children for certain advertisements etc.)
F. CHILDREN OF INDIGENOUS CULTURAL COMMUNITIES
Who are punishable?

D. OTHER PERSONS PUNISHABLE UNDER THE ACT

1. Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the
child's development including those covered by Article 59 of PD 603

Any person who discriminates against children of indigenous cultural communities

COMMON PENAL PROVISIONS
1. The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;

2. When the offender is a corporation, partnership or association, the officer or

employee thereof who is responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;
3. The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within
the second degree of consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license has expired or has been
revoked;

Whenever any motor vehicle is found to have a serial number on its motor
engine, engine block or chassis which is different from that which is listed in
the records of the Bureau of Customs for motor vehicles imported into the
Philippines, that motor vehicle shall be considered to have a defaced or
tampered with serial number.
"Repainting" is changing the color of a motor vehicle by means of painting.
There is repainting whenever the new color of a motor vehicle is different
from its color as registered in the Land Transportation Commission.

4. When the offender is a foreigner, he shall be deported immediately after service of

sentence and forever barred from entry to the country;

"Body-building" is a job undertaken on a motor vehicle in order to replace its

entire body with a new body.

5. The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee, together with the penalty of disqualification
or suspension depending on the penalty imposed;

"Remodelling" is the introduction of some changes in the shape or form of

the body of the motor vehicle.

6. A fine to be determined by the court shall be imposed and administered as a cash

fund by the Department of Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate member of his family if the
latter is the perpetrator of the offense.

"Dismantling" is the tearing apart, piece by piece or part by part, of a motor

vehicle.

R.A. 6539
Anti-Carnapping Act of 1972
SECTION 2. Definition of Terms.
"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging
to another without the latter's consent, or by means of violence against or
intimidation of persons, or by using force upon things.
"Motor vehicle" is any vehicle propelled by any power other than muscular
power using the public highways, but excepting road rollers, trolley cars,
street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public highways, vehicles, which
run only on rails or tracks, and tractors, trailers and traction engines of all
kinds used exclusively for agricultural purposes. Trailers having any number
of wheels, when propelled or intended to be propelled by attachment to a
motor vehicle, shall be classified as separate motor vehicle with no power
rating.
"Defacing or tampering with" a serial number is the erasing, scratching,
altering or changing of the original factory-inscribed serial number on the
motor vehicle engine, engine block or chassis of any motor vehicle.

"Overhauling" is the cleaning or repairing of the whole engine of a motor

vehicle by separating the motor engine and its parts from the body of the
motor vehicle.
SECTION 3. Registration of Motor Vehicle Engine, Engine Block and
Chassis. Within one year after the approval of this Act, every owner or
possessor of unregistered motor vehicle or parts thereof in knock down
condition shall register with the Land Transportation Commission the motor
vehicle engine, engine block and chassis in his name or in the name of the
real owner who shall be readily available to answer any claim over the
registered motor vehicle engine, engine block or chassis. Thereafter, all
motor vehicle engines, engine blocks and chassis not registered with the
Land Transportation Commission shall be considered as untaxed importation
or coming from an illegal source or carnapped, and shall be confiscated in
favor of the Government.
All owners of motor vehicles in all cities and municipalities are required to
register their cars with the local police without paying any charges.
SECTION 4. Permanent Registry of Motor Vehicle Engines, Engine Blocks
and Chassis. The Land Transportation Commission shall keep a
permanent registry of motor vehicle engines, engine blocks and chassis of all
motor vehicles, specifying therein their type, make and serial numbers and

stating therein the names and addresses of their present and previous owners.
Copies of the registry and of all entries made thereon shall be furnished the
Philippine Constabulary and all Land Transportation Commission regional,
provincial and city branch offices: Provided, That all Land Transportation
Commission regional, provincial and city branch offices are likewise obliged
to furnish copies of all registration of motor vehicles to the main office and
to the Philippine Constabulary.

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 life imprisonment to death shall be imposed when the owner,
driver or occupant of the carnapped motor vehicle is killed in the commission
of the carnapping.
SECTION 15. Aliens. Aliens convicted under the provisions of this Act
shall be deported immediately after service of sentence without further
proceedings by the Deportation Board.

SECTION 5. Registration of Sale, Transfer, Conveyance, Substitution or

Replacement of a Motor Vehicle Engine, Engine Block or Chassis. Every
sale, transfer, conveyance, substitution or replacement of a motor vehicle
engine, engine block or chassis of a motor vehicle shall be registered with the
Land Transportation Commission. Motor vehicles assembled and rebuilt or
repaired by replacement with motor vehicle engines, engine blocks and
chassis not registered with the Land Transportation Commission shall not be
issued certificates of registration and shall be considered as untaxed imported
motor vehicles or motor vehicles carnapped or proceeding from illegal
sources.
SECTION 6. Original Registration of Motor Vehicles. Any person
seeking the original registration of a motor vehicle, whether that motor
vehicle is newly assembled or rebuilt or acquired from a registered owner,
shall within one week after the completion of the assembly or rebuilding job
or the acquisition thereof from the registered owner, apply to the Philippine
Constabulary for clearance of the motor vehicle for registration with the
Land Transportation Commission. The Philippine Constabulary shall, upon
receipt of the application, verify if the motor vehicle or its numbered parts
are in the list of carnapped motor vehicles or stolen motor vehicle parts. If
the motor vehicle or any of its numbered parts is not in that list, the
Philippine Constabulary shall forthwith issue a certificate of clearance. Upon
presentation of the certificate of clearance from the Philippine Constabulary
and after verification of the registration of the motor vehicle engine, engine
block and chassis in the permanent registry of motor vehicle engines, engine
blocks and chassis, the Land Transportation Commission shall register the
motor vehicle in accordance with existing laws, rules and regulations.

P.D. 532
Anti-Piracy and Anti-Highway Robbery Law of 1974
SECTION 2. Definition of Terms. The following terms shall mean and
be understood, as follows:
a.

b.
c.

SECTION 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

d.

Philippine Waters. It shall refer to all bodies of water, such as but not
limited to, seas, gulfs, bays around, between and connecting each of the
Islands of the Philippine Archipelago, irrespective of its depth, breadth,
length or dimension, and all other waters belonging to the Philippines by
historic or legal title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
Vessel. Any vessel or watercraft used for transport of passengers and
cargo from one place to another through Philippine Waters. It shall
include all kinds and types of vessels or boats used in fishing.
Philippine Highway. It shall refer to any road, street, passage,
highway and bridges or other parts thereof, or railway or railroad within
the Philippines used by persons, or vehicles, or locomotives or trains for
the movement or circulation of persons or transportation of goods,
articles, or property or both.
Piracy. Any attack upon or seizure of any vessel, or the taking away of
the whole or part thereof or its cargo, equipment, or the personal

e.

belongings of its complement or passengers, irrespective of the value

thereof, by means of violence against or intimidation of persons or force
upon things, committed by any person, including a passenger or member
of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and
punished as hereinafter provided.
Highway Robbery/Brigandage. The seizure of any person for ransom,
extortion or other unlawful purposes, or the taking away of the property
of another by means of violence against or intimidation of person or
force upon things of other unlawful means, committed by any person on
any Philippine Highway.

It shall be presumed that any person who does any of the acts provided in this
Section has performed them knowingly, unless the contrary is proven.

SECTION 3. Penalties. Any person who commits piracy or highway

robbery/brigandage as herein defined, shall, upon conviction by competent
court be punished by:
Piracy. The penalty of reclusion temporal in its medium and maximum
periods shall be imposed. If physical injuries or other crimes are
committed as a result or on the occasion thereof, the penalty of reclusion
perpetua shall be imposed. If rape, murder or homicide is committed as a
result or on the occasion of piracy, or when the offenders abandoned the
victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory penalty
of death shall be imposed.
Highway Robbery/Brigandage. The penalty of reclusion temporal in its
minimum period shall be imposed. If physical injuries or other crimes are
committed during or on the occasion of the commission of robbery or
brigandage, the penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If kidnapping for ransom or
extortion, or murder or homicide, or rape is committed as a result or on
the occasion thereof, the penalty of death shall be imposed.
SECTION 4. Aiding pirates or highway robbers/brigands or abetting piracy
or highway robbery/brigandage. Any person who knowingly and in any
manner aids or protects pirates or highway robbers/brigands, such as giving
them information about the movement of police or other peace officers of the
government, or acquires or receives property taken by such pirates or
brigands or in any manner derives any benefit therefrom; or any person who
directly or indirectly abets the commission of piracy or highway robbery or
brigandage, shall be considered as an accomplice of the principal offenders
and be punished in accordance with the Rules prescribed by the Revised
Penal Code.

PRESIDENTIAL DECREE NO. 533

THE ANTI-CATTLE RUSTLING LAW OF 1974
What is cattle rustling?
Cattle rustling is the taking away by any means, method or scheme, without
the consent of the owner/raiser, of any of the above-mentioned animals
whether or not for profit or gain, or whether committed with or without
violence against or intimidation of any person or force upon things. It
includes the killing of large cattle, or taking its meat or hide without the
consent of the owner/raiser.
Large cattle - as herein used shall include the cow, carabao, horse, mule, ass,
or other domesticated member of the bovine family.
Owner/raiser- shall include the herdsman, caretaker, employee or tenant of
any firm or entity engaged in the raising of large cattle or other persons in
lawful possession of such large cattle.
Duty of the owner/raiser
before the large cattle belonging to him shall attain the age of six months,
register the same with the office of the city/municipal treasurer where such
large cattle are raised.

Permit to Buy and Sell Large Cattle.

No person, partnership, association, corporation or entity shall engage in the
business of buy and sell of large cattle without first securing a permit for the
said purpose from the Provincial Commander of the province where it shall
conduct such business and the city/municipal treasurer of the place of
residence of such person, partnership, association, corporation or entity. The
permit shall only be valid in such province.
Clearance for Shipment of Large Cattle.
Any person, partnership, association, corporation or entity desiring to ship
or transport large cattle, its hides, or meat, from one province to another
shall secure a permit for such purpose from the Provincial Commander of
the province where the large cattle is registered. Before issuance of the
permit herein prescribed, the Provincial Commander shall require the
submission of the certificate of ownership as prescribed in Section 3 hereof, a
certification from the Provincial Veterinarian to the effect that such large
cattle, hides or meat are free from any disease; and such other documents or
records as may be necessary. Shipment of large cattle, its hides or meat from
one city/municipality to another within the same province may be done upon
securing permit from the city/municipal treasurer of the place of origin.
Presumption of Cattle Rustling. Every person having in his possession,
control or custody of large cattle shall, upon demand by competent
authorities, exhibit the documents prescribed in the preceding sections.
Failure to exhibit the required documents shall be prima facie evidence that
the large cattle in his possession, control or custody are the fruits of the
crime of cattle rustling.
Penalties Imposed
Any person convicted of cattle rustling as herein defined shall, irrespective of
the value of the large cattle involved, be punished by prision mayor in its
maximum period to reclusion temporal in its medium period if the offense is
committed without violence against or intimidation of persons or force upon
things.
If the offense is committed with violence against or intimidation of persons
or force upon things, the penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed.

If a person is seriously injured or killed as a result or on the occasion of the

commission of cattle rustling, the penalty of reclusion perpetua to death shall
be imposed.
When the offender is a government official or employee, he shall, in addition
to the foregoing penalty, be disqualified from voting or being voted upon in
any election/referendum and from holding any public office or employment.
When the offender is an alien, he shall be deported immediately upon the
completion of the service of his sentence without further proceedings.

PRESIDENTIAL DECREE No. 401 March 1, 1974

PENALIZING THE UNAUTHORIZED INSTALLATION OF WATER,
ELECTRICAL OR TELEPHONE CONNECTIONS, THE USE OF
TAMPERED WATER OR ELECTRICAL METERS, AND OTHER
ACTS

Who are punishable? -- any person who:

installs any water, electrical or telephone connection without previous
authority from the Metropolitan Waterworks and Sewerage System,
the Manila Electric Company or the Philippine Long Distance
Telephone Company, as the case may be;
tampers and/or uses tampered water or electrical meters or jumpers or
other devices whereby water or electricity is stolen; steals or pilfers
water and/or electric meters or water, electric and/or telephone wires;

knowingly possesses stolen or pilfered water and/or electrical meters as well

as stolen or pilfered water, electrical and/or telephone wires.

(b)
(c)

(d)
(e)

Tap, make or cause to be made any connection to the existing electric

service facilities of any duly registered consumer without the latter's
or the electric utility's consent or authority;
Tamper, install or use a tampered electrical meter, jumper, current
reversing transformer, shorting or shunting wire, loop connection or
any other device which interferes with the proper or accurate registry
or metering of electric current or otherwise results in its diversion in
a manner whereby electricity is stolen or wasted;
Damage or destroy an electric meter, equipment, wire or conduit or
allow any of them to be so damaged or destroyed as to interfere with
the proper or accurate metering of electric current; and
Knowingly use or receive the direct benefit of electric service
obtained through any of the acts mentioned in subsections (a), (b),
(c), and (d) above.

Theft of Electric Power Transmission Lines and Materials (3)

RA 7832
Anti Electricity and Electric Transmission Lines/ Materials Pilferage Act
of 1994
Acts punishable
Illegal Use of Electricity (2)
(a)

Tap, make or cause to be made any connection with overhead lines,

service drops, or other electric service wires, without previous
authority or consent of the private electric utility or rural electric
cooperative concerned;

Cut, saw, slice, separate, split, severe, smelt, or remove any electric
power transmission line/material or meter from a tower, pole, or any
other installation or place of installation or any other place or site
where it may be rightfully or lawfully stored, deposited, kept,
stocked, inventoried, situated or located, without the consent of the
owner, whether or not the act is done for profit or gain;
Take, carry away or remove or transfer, with or without the use of a
motor vehicle or other means of conveyance, any electric power
transmission line/material or meter from a tower, pole, any other
installation or place of installation, or any place or site where it may
be rightfully or lawfully stored, deposited, kept, stocked, inventoried,
situated or located without the consent of the owner, whether or not
the act is done for profit or gain;
Store, possess or otherwise keep in his premises, custody or control, any
electric power transmission line/material or meter without the
consent of the owner, whether or not the act is done for profit or
gain; and
Load, carry, ship or move from one place to another, whether by land, air
or sea, any electrical power transmission line/material, whether or
not the act is done for profit or gain, without first securing a
clearance/permit for the said purpose from its owner or the National
Power Corporation (NPC) or its regional office concerned, as the
case may be.
Presumptions

For illegal use of electricity:

The presence of any of the following circumstances shall constitute prima
facie evidence of illegal use of electricity by the person benefited thereby,
and shall be the basis for:
the immediate disconnection by the electric utility to such person after
due notice,
the holding of a preliminary investigation by the prosecutor and the
subsequent filing in court of the pertinent information, and
the lifting of any temporary restraining order or injunction which may
have been issued against a private electric utility or rural electric
cooperative

or a duly authorized representative of the Energy Regulatory Board

(ERB).
For theft of electric power transmission lines and materials
The possession or custody of electric power transmission line/material by
any person, natural or juridical, not engaged in the transformation,
transmission or distribution of electric power, or in the manufacture of such
electric power transmission line/material shall be prima facie evidence that
such line/material is the fruit of the offense of theft of electric power
transmission lines and materials, and therefore such line/material may be
confiscated from the person in possession, control or custody thereof.

Circumstances:
The presence of a bored hole on the glass cover of the electric meter, or at the
back or any other part of said meter;
The presence inside the electric meter of salt, sugar and other elements that
could result in the inaccurate registration of the meter's internal parts to
prevent its accurate registration of consumption of electricity;
The existence of any wiring connection which affects the normal operation or
registration of the electric meter;
The presence of a tampered, broken, or fake seal on the meter, or mutilated,
altered or tampered meter recording chart or graph, or computerized
chart, graph, or log;
The presence in any part of the building or its premises which is subject to
the control of the consumer or on the electric meter, of a current
reversing transformer, jumper, shorting and/or shunting wire, and/or loop
connection or any other similar device;
The mutilation, alteration, reconnection, disconnection, bypassing or
tampering of instruments, transformers, and accessories;
The destruction of, or attempt to destroy, any integral accessory of the
metering device box which encases an electric meter, or its metering
accessories; and
The acceptance of money and/or other valuable consideration by any officer
of employee of the electric utility concerned or the making of such an
offer to any such officer or employee for not reporting the presence of
any of the circumstances enumerated above. The discovery of any of the
foregoing circumstances, in order to constitute prima facie evidence,
must be personally witnessed and attested to by an officer of the law

RA 8041
An Act to Address the National Water Crisis and For Other Purposes
Sec. 8. Anti-Pilferage. - It is hereby declared unlawful for any person to:
Destroy, damage or interfere with any canal, raceway, ditch, lock, pier, inlet,
crib, bulkhead, dam, gate, service, reservoir, aqueduct, water mains,
water distribution pipes, conduit, pipes, wire benchmark, monument, or
other works, appliance, machinery buildings, or property of any water
utility entity, whether public or private;
Do any malicious act which shall injuriously affect the quantity or quality of
the water or sewage flow of any waterworks and/or sewerage system, or
the supply, conveyance, measurement, or regulation thereof, including

the prevention of, or interference with any authorized person engaged in

the discharge of duties connected therewith;
Prevent, obstruct, and interfere with the survey, works, and construction of
access road and water mains and distribution network and any related
works of the utility entity.
Tap, make, or cause to be made any connection with water lines without prior
authority or consent from the water utility concerned;
Tamper, install or use tampered water meters, sticks, magnets, reversing
water meters, shortening of vane wheels and other devices to steal water
or interfere with accurate registry or metering of water usage, or
otherwise result in its diversion in a manner whereby water is stolen or
wasted;
Use or receive the direct benefit of water service with knowledge that
diversion, tampering, or illegal connection existed at the time of that
use, or that the use or receipt was otherwise without the authorization of
the water utility;
Steal or pilfer water meters, main lines, pipes and related or ancillary
facilities;
Steal water for profit or resale;
Knowingly possess stolen or tampered water meters; and
Knowingly or willfully allow the occurrence of any of the above.

installs any water, electrical or telephone connection without previous

authority from the Metropolitan Waterworks and Sewerage System,
the Manila Electric Company or the Philippine Long Distance
Telephone Company, as the case may be;
tampers and/or uses tampered water or electrical meters or jumpers or
other devices whereby water or electricity is stolen; steals or pilfers
water and/or electric meters or water, electric and/or telephone wires;
knowingly possesses stolen or pilfered water and/or electrical meters as well
as stolen or pilfered water, electrical and/or telephone wires.

Penalties:
imprisonment of six (6) months to two (2) years and a fine not exceeding double the
amount of the value of the water stolen or the value of the damaged facilities
If the offender is assisted in the commission of the crime by a plumber, officer or
employee of the water utility concerned, the said employee, officer or plumber
shall be punished by imprisonment of two (2) years to six (6) years
If the water is stolen for profit or resale, the offender shall be punished imprisonment
from six (6) to twelve (12) years.

PRESIDENTIAL DECREE No. 401 March 1, 1974

PENALIZING THE UNAUTHORIZED INSTALLATION OF WATER,
ELECTRICAL OR TELEPHONE CONNECTIONS, THE USE OF
TAMPERED WATER OR ELECTRICAL METERS, AND OTHER
ACTS

Who are punishable? -- any person who:

REPUBLIC ACT NO. 8550

An Act Providing For The Development, Management And Conservation
Of The Fisheries And Aquatic Resources, Integrating All Laws Pertinent
Thereto, And For Other Purposes

educational or scientific purposes only, the use of electricity, poisonous or

noxious substances to catch, take or gather fish or fishery species:
What acts are punishable?
1. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries
Activities
(a) exploiting, breeding fish in Philippine waters without a license
Discovery of any person in an area where he has no permit or registration
papers for a fishing vessel shall constitute a prima facie presumption that the
person and/or vessel is engaged in unauthorized fishing: BUT, fishing for
daily food sustenance or for leisure which is not for commercial, occupation
or livelihood purposes may be allowed.
(b) fishing by commercial fishing vessels in fishery management areas
declared as over exploited
(c) engaging in any commercial fishing activity in municipal waters when not
listed in the registry of municipal fisherfolk

2. Poaching in Philippine Waters

The use of poisonous or noxious substances to eradicate predators in

fishponds in accordance with accepted scientific practices and without
causing adverse environmental impact in neighboring waters and grounds
shall not be construed as illegal fishing.
(b) dealing in fish illegally caught
The discovery of explosives or equipment for electro-fishing in any
fishing vessel or in the possession of any fishworker shall constitute prima
facie evidence, that the same was used for fishing in violation of this Code.
The discovery in any fishing vessel of fish caught or killed with the use of
explosive, noxious or poisonous substances or by electricity shall constitute
prima facie evidence that the fisherfolk, operator, boat official or fishworker
is fishing with the use thereof.
(c) Mere possession of explosive, noxious or poisonous substances or
electrofishing devices for illegal fishing

(a) foreign person fishing or operating a fishing vessel in Philippine waters

(d) Actual use of explosives, noxious or poisonous substances or

electrofishing devices for illegal fishing

The entry of any foreign fishing vessel in Philippine waters shall

constitute a prima facie evidence that the vessel is engaged in fishing in
Philippine waters.

Penalty is without prejudice to the filing of separate criminal cases when

the use of the same result to physical injury or loss of human life.

3. Fishing Through Explosives, Noxious or Poisonous Substance, and/or

Electricity
(a) fishing in Philippine waters with the use of electricity, explosives, noxious
or poisonous substance such as sodium cyanide in the Philippine fishery
areas, which will kill, stupefy, disable or render unconscious fish or fishery
species
The Department, subject to safeguards and conditions deemed necessary
and endorsement from the concerned LGUs, may allow, for research,

4. Use of Fine Mesh Net

(a) fishing using nets with mesh smaller than that which may be fixed by the
Department
Prohibition shall not apply to the gathering of fry and such species which
by their nature are small but already mature to be identified in the
implementing rules and regulations by the Department.

5. Use of Active Gear in the Municipal Waters and Bays and Other Fishery
Management Areas
10. Fishing in Overfished Area and During Closed Season
(a) fishing in municipal waters and in all bays as well as other fishery
management areas using active fishing gears
6. Ban on Coral Exploitation and Exportation
(a) selling or exporting ordinary precious and semi-precious corals, whether
raw or in processed form, except for scientific or research purposes.
The confiscated corals shall either be returned to the sea or donated to
schools and museums for educational or scientific purposes or disposed
through other means.

11. Fishing in Fishery Reserves, Refuge and Sanctuaries

12. Fishing or Taking of Rare, Threatened or Endangered Species

7. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs

and Other Marine Habitat

13. Capture of Sabalo and Other Breeders/Spawners

(a) fishing with gear method that destroy coral reefs, seagrass beds, and other
fishery marine life habitat as may be determined by the Department

However, catching of sabalo and other breeders/spawners for local

breeding purposes or scientific or research purposes may be allowed subject
to guidelines to be promulgated by the Department.

(b) using "Muro-Ami" and any of its variation, and such similar gear and
methods that require diving, other physical or mechanical acts to pound the
coral reefs and other habitat to entrap, gather or catch fish and other fishery
species
(c) gathering, selling or exporting white sand, silica, pebbles and other
substances which make up any marine habitat

8. Illegal Use of Superlights

(a) fishing with the use of superlights in municipal waters or in violation of
the rules and regulations which may be promulgated by the Department on
the use of superlights outside municipal waters

9. Conversion of Mangroves
(a) converting mangroves into fishponds or for any other purposes

14. Exportation of Breeders, Spawners, Eggs or Fry

15. Importation or Exportation of Fish or Fishery Species

16. Violation of Catch Ceilings

17. Aquatic Pollution

18. Other violations

Failure to Comply with Minimum Safety Standards

Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish
Cages
Gathering and Marketing of Shell Fish which is sexually mature or below
the minimum size or above the maximum quantities prescribed for
the particular species
Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River,
Lake or Bay
Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish
Cages without a license/permit

19. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk

or Fishworker or Crew

20. Obstruction of Defined Migration Paths of anadromous, catadromous

and other migratory species, in areas including, but not limited to river
mouths and estuaries within a distance determined by the concerned
FARMCs
21. Obstruction to Fishery Law Enforcement Officer

P.D. 330
PenalizingTimber Smuggling or
Illegal Cutting of Logs
SECTION 1. Any person, whether natural or juridical, who directly or
indirectly cuts, gathers, removes, or smuggles timber, or other forest
products, either from any of the public forest, forest reserves and other kinds
of public forests, whether under license or lease, or from any privately owned
forest lands in violation of existing laws, rules and regulation shall be guilty
of the crime of qualified theft as defined and penalized under Articles 308,
309 and 310 of the Revised Penal Code; Provided, That if the offender is a
corporation, firm, partnership or association, the penalty shall be imposed
upon the guilty officer or officers, as the case may be, of the corporation,
firm, partnership or association, and if such guilty officer or officers are
aliens, in addition to the penalty herein prescribed, he or they shall be
deported without further proceedings on the part of the Commissioned of
Immigration and Deportation.

The same penalty plus cancellation of his license agreement, lease, license or
permit and perpetual disqualification from acquiring any such privilege shall
be imposed upon any licensee, lessee, or permittee who cuts timber from the
licensed or leased area of another, without prejudice to whatever civil action
the latter may bring against the offender.

P.D. 705
The Forestry Reform Code (as amended)
SECTION 68. Cutting, gathering and/or collecting timber or other products
without license. Any person who shall cut, gather, collect, or remove
timber or other forest products from any forest land, or timber from alienable
and disposable public lands, or from private lands, without any authority
under a license agreement, lease, license or permit, shall be guilty of
qualified theft as defined and punished under Articles 309 and 310 of the
RPC; Provided, That in the case of partnership, association or corporation,
the officers who ordered the cutting, gathering or collecting shall be liable,
and if such officers are aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of the Commission on
Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of
the timber or forest products to cut, gathered, collected or removed, and the
machinery, equipment, implements and tools used therein, and the forfeiture
of his improvements in the area.

PRESIDENTIAL DECREE NO. 1612

ANTI-FENCING LAW OF 1979
What is fencing?
Fencing" is the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of,
or shall buy and sell, or in any other manner deal in any article, item, object
or anything of value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or theft.
"Fence" includes any person, firm, association corporation or partnership or
other organization who/which commits the act of fencing.
Presumption of Fencing.
Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie
evidence of fencing.

Clearance/Permit to Sell/Used Second Hand Articles is required

All stores, establishments or entities dealing in the buy and sell of any good,
article, item, object of anything of value obtained from an unlicensed dealer
or supplier thereof, shall before offering the same for sale to the public,
secure the necessary clearance or permit from the station commander of the
Integrated National Police in the town or city where such store, establishment
or entity is located.
Penalties imposed
Any person guilty of fencing shall be punished as hereunder indicated:
a.
The penalty of prision mayor, if the value of the property involved is
more than 12,000 pesos but not exceeding 22,000 pesos; if the value of
such property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for
each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, the penalty shall be
termed reclusion temporal and the accessory penalty pertaining thereto
provided in the Revised Penal Code shall also be imposed.
b.

The penalty of prision correccional in its medium and maximum

periods, if the value of the property robbed or stolen is more than 6,000
pesos but not exceeding 12,000 pesos.

c.

The penalty of prision correccional in its minimum and medium

periods, if the value of the property involved is more than 200 pesos but
not exceeding 6,000 pesos.

d.

The penalty of arresto mayor in its medium period to prision

correccional in its minimum period, if the value of the property involved
is over 50 pesos but not exceeding 200 pesos.

e.

The penalty of arresto mayor in its medium period, if such value is

over five (5) pesos but not exceeding 50 pesos.

The penalty of arresto mayor in its minimum period, if such value does not
exceed 5 pesos.

P.D. 2018
Making Illegal Recruitment a Crime of Economic Sabotage
Acts punishable
1.

Any recruitment activities, including the prohibited practices

enumerated under Article 34 of the Labor Code, to be undertaken by
non-licensees or non-holders of authority shall be deemed illegal and
punishable under Article 39 of the Labor Code. The Ministry of Labor
and Employment or any law enforcement officers may initiate
complaints under this Article.

2.

Illegal recruitment when committed by a syndicate or in large scale

shall be considered an offense involving economic sabotage and shall
be penalized in accordance with Article 39 of the Labor Code
Illegal recruitment is deemed committed by a syndicate if carried out
by a group of three (3) or more persons conspiring and/or confederating

with one another in carrying out any unlawful or illegal transaction,

enterprise or scheme.
Illegal recruitment is deemed committed in large scale if committed
against three (3) or more persons individually or as a group.
Powers of Minister of Labor and Employment (now Secretary of DOLE)
The Minister of Labor and Employment or his duly authorized
representatives shall have the power to cause the arrest and detention of
such non-license or non-holder of authority if after investigation it is
determined that his activities constitute a danger to national security and
public order or will lead to further exploitation of job-seekers.
The Minister shall order the search of the office or premises and seizure
of documents paraphernalia, properties and other implements used in illegal
recruitment activities and the closure of companies, establishment and
entities found to be engaged in the recruitment of workers for overseas
employment, without having been licensed or authorized to do so.

A trust receipt transaction is any transaction by and between a person

referred to as the entruster, and another person referred to as entrustee,
whereby the entruster, who owns or holds absolute title or security interests
over certain specified goods, documents or instruments, releases the same to
the possession of the entrustee upon the latter's execution and delivery to the
entruster of a signed document called a "trust receipt" wherein the entrustee
binds himself to hold the designated goods, documents or instruments in trust
for the entruster and to sell or otherwise dispose of the goods, documents or
instruments with the obligation to turn over to the entruster the proceeds
thereof to the extent of the amount owing to the entruster or as appears in the
trust receipt or the goods, documents or instruments themselves if they are
unsold or not otherwise disposed of, in accordance with the terms and
conditions specified in the trust receipt, or for other purposes substantially
equivalent to any of the following:

1. In the case of goods or documents,

a) to sell the goods or procure their sale; or
b)

to manufacture or process the goods with the purpose of ultimate

sale: Provided, That, in the case of goods delivered under trust
receipt for the purpose of manufacturing or processing before its
ultimate sale, the entruster shall retain its title over the goods
whether in its original or processed form until the entrustee has
complied fully with his obligation under the trust receipt; or

c)

to load, unload, ship or tranship or otherwise deal with them in a

manner preliminary or necessary to their sale; or

PRESIDENTIAL DECREE No. 115 January 29, 1973

PROVIDING FOR THE REGULATION OF TRUST RECEIPTS
TRANSACTIONS

"Trust Receipt" -- shall refer to the written or printed document signed by

the entrustee in favor of the entruster containing terms and conditions
substantially complying with the provisions of this Decree. No further
formality of execution or authentication shall be necessary to the validity of a
trust receipt.

2. In the case of instruments,

a)

to sell or procure their sale or exchange; or

b)

to deliver them to a principal; or

c)
What constitutes a trust receipt transaction?

d)

to effect the consummation of some transactions involving

delivery to a depository or register; or
to effect their presentation, collection or renewal

NOTE: The sale of goods, documents or instruments by a person in the

business of selling goods, documents or instruments for profit who, at the
outset of the transaction, has, as against the buyer, general property rights in
such goods, documents or instruments, or who sells the same to the buyer on
credit, retaining title or other interest as security for the payment of the
purchase price, does not constitute a trust receipt transaction.

BP 22
An Act Penalizing the Making or Drawing and Issuance of a Check
Without Sufficient Funds or Credit and For Other Purposes
Section 1
BP 22 may be violated in TWO ways
Elements of the offense defined in the first paragraph of Section 1:
1. That a person makes or draws and issues any check
2. That the check is made or drawn and issued to apply on account or for
value
3. That the person who makes or draws and issues the check knows at the
time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment
4. That the check
a. is subsequently dishonored by the drawee bank for insufficiency of
funds or credit, or
b. would have been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment
Elements of the offense defined in the second paragraph of Section 1:
1. That a person has sufficient funds in or credit with the drawee bank when
he makes or draws and issues a check
2. That he fails to keep sufficient funds or to maintain a credit to cover the
full amount of the check if presented within a period of 90 days from the
date appearing thereon
3. That the check is dishonored by the drawee bank

Gravamen of BP 22: issuance of the check, not the payment of the

obligation. The law has made the mere act of issuing a bum check a
malum prohibitum

BP 22 vs. Estafa under Article 315 par 2 (d):

1. Unlike estafa, element of DAMAGE is NOT REQUIRED in BP 22
2. Article 315 par 2 (d) of estafa has DECEIT as an element. BP 22
does NOT require such element.
3. Also, the mere fact of postdating or issuing a check when the drawer
had no or insufficient funds in the bank makes someone liable under

Article 315 par 2(d) of estafa. BP 22, 1st paragraph requires

knowledge of insufficient funds.

The check may be drawn and issued to "apply on account of for value":
BP 22 does not make a distinction as to whether the bad check is issued
in payment of an obligation or to merely guarantee an obligation

Illustration for Section 1, par 1, element 4:

There was a mistake in naming the payee of the check; so the drawer
ordered the bank to stop payment; and it appeared that the drawer knew at
the time that the check was issued that he had no sufficient funds in the bank.
In this case, NO VIOLATION OF BP 22!
Even if the check would have been dishonored for insufficiency of funds
had he not ordered the bank to stop payment, there was a VALID reason
(wrong payee) for ordering the bank to stop payment.

BP 22: person liable when the check is drawn by a corporation, company,

or entity: the person/s who ACTUALLY SIGNED the check in behalf of
such drawer

Section 2
Section establishes a prima facie evidence of "knowledge of insufficiency ":
when payment of the check is refused by the drawee because of insufficient
funds / credit when the check is presented within 90 days from the date of
such check
Exception:
a. when the maker or drawer pays the holder thereof of the amount due
thereon or
b. makes arrangements for payment in full by the drawee of such check
within 5 banking days after receiving notice that such check has not been
paid by the drawee
Section 3
Section 3 requires the drawee
1. in case where drawee refuses to pay the check to the holder:
Write, print, or stamp on the check or to be attached thereto the reason for
dishonoring.

2. in case drawee bank received an order to stop payment, it should state in

the notice that there were no sufficient funds in or credit with it for the
payment in full of the check, if such be the fact.
Introduction in evidence of any unpaid and dishonored check with the
drawer's refusal to pay indicated thereon or attached thereto is prima facie
evidence of:
1. the making or issuance of the check
2. the due presentment to the drawee for payment and the dishonor thereof;
and the fact that the check was properly dishonored for the reason
indicated thereto

P.D. 1613
Amending the Law on Arson

PRESIDENTIAL DECREE NO. 1689

SECTION 1. Arson. Any person who burns or sets fire to the property of another
shall be punished by Prision Mayor.
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.

Increasing The Penalty For Certain Forms Of Swindling Or Estafa

Any person or persons who shall commit estafa or other forms of swindling
as defined RPC 315 and 316 shall be punished by life imprisonment to death
if the swindling (estafa) is committed by a syndicate consisting of five or
more persons formed with the intention of carrying out the unlawful or
illegal act, transaction, enterprise or scheme, and the defraudation results in
the misappropriation of money contributed by stockholders, or members of
rural banks, cooperative, "samahang nayon(s)", or farmers association, or of
funds solicited by corporations/associations from the general public.
When not committed by a syndicate as above defined, the penalty imposable
shall be reclusion temporal to reclusion perpetua if the amount of the fraud
exceeds 100,000 pesos.

1.
2.
3.
4.
5.
6.
7.

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

1.
2.
3.
4.

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:
Any ammunition factory and other establishment where explosives, inflammable
or combustible materials are stored.
Any archive, museum, whether public or private, or any edifice devoted to
culture, education or social services.
Any church or place of worship or other building where people usually
assemble.
Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property.
Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
Any hospital, hotel, dormitory, lodging house, housing tenement, shopping
center, public or private market, theater or movie house or any similar place or
building.
Any building, whether used as a dwelling or not, situated in a populated or
congested area.
(NOTE: SECTION 2 IS REPEALED BY R.A. 7659 AMENDING ART. 320)
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:
Any building used as offices of the government or any of its agencies;
Any inhabited house or dwelling;
Any industrial establishment, shipyard, oil well or mine shaft, platform
or tunnel;
Any plantation, farm, pastureland, growing crop, grain field, orchard,
bamboo grove or forest;
Any rice mill, sugar mill, cane mill or mill central; and
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;
If committed with intent to gain;
If committed for the benefit of another;
If the offender is motivated by spite or hatred towards the owner or
occupant of the property burned;
If committed by a syndicate.

Article 320 as amended by R.A. 7659

The offense is committed by a syndicate if its is planned or carried out by a group of

three (3) or more persons.

1.
2.
3.

4.
5.
6.
7.

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.

1.

SECTION 6. Prima Facie Evidence of Arson. Any of the following

circumstances shall constitute prima facie evidence of arson:
If the fire started simultaneously in more than one part of the building or
establishment.
If substantial amount of flammable substances or materials are stored within the
building not necessary in the business of the offender nor for household use.
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.
If the building or property is insured for substantially more than its actual value
at the time of the issuance of the policy.
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.
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.
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.

2.

3.
4.
5.

Irrespective of the application of the above enumerated qualifying

circumstances, the penalty of 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 edifice, or the burning merely constitutes
an overt act in the commission or another violation of law.

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 on his part.

Article 320. Destructive Arson. The penalty of reclusion temporal in its

maximum period to death shall be imposed upon any person who shall burn:
One (1) or more buildings or edifices, consequent to one single act of
burning, or as result of simultaneous burnings, or committed on several
or different occasions.
Any building of public or private ownership, devoted to the use of 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, worship, meetings and
conferences, or merely incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public conveyance 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.
Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or convenience, or public use, entertainment or leisure.
Any building, factory, warehouse installation and any appurtenances
thereto, which are devoted to the service of public utilities.
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.

1.
2.

The penalty of reclusion temporal in its maximum period to death shall also be
imposed upon any person who shall burn:
Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordnance storehouse, archives or general museum of the government.
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 or injury results, or any valuable documents, equipment, machineries,
apparatus, or other valuable properties were burned or destroyed, the mandatory
penalty of death shall be imposed.

RA 7877
ANTI-SEXUAL HARASSMENT ACT OF 1995
SECTION 3. Work, Education or Training-related Sexual Harassment
Defined. Work, education or training-related sexual harassment is
committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person
who, having authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of said act.
(a) In a work-related or employment environment, sexual harassment is
committed when:
(1)
The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said
employee;
(2)
The above acts would impair the employee's rights or privileges
under existing labor laws; or
(3)
The above acts would result in an intimidating, hostile, or offensive
environment for the employee.
(b) In an education or training environment, sexual
harassment
is
committed:
(1)
Against one who is under the care, custody or
supervision of the offender;
(2)
Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
(3)
When the sexual favor is made a condition to the giving
of a passing grade, or the granting of honors and scholarships or the
payment of a stipend, allowance or other benefits, privileges, or
considerations; or
(4)
When the sexual advances result in an intimidating,
hostile or offensive environment for the student, trainee or
apprentice.

Any person who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another without
which it would not have been committed, shall also be held liable under this Act.

RA 7610
Special protection of Children Against Child Abuse, Exploitation and
Discrimination Act
ARTICLE III
Child Prostitution and Other Sexual Abuse
SECTION 5. Child Prostitution and Other Sexual Abuse. Children,
whether male or female, who for money, profit, or any other consideration or
due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited
in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua
shall be imposed upon the following:
a)
Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the following:
1. Acting as a procurer of a child prostitute;
2. Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
3. Taking advantage of influence or relationship to procure a child as
prostitute; NPcBCo
4. Threatening or using violence towards a child to engage him as a
prostitute; or
5. Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
(b)
Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other sexual
abuse; Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape
or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and

(c)
Those who derive profit or advantage therefrom, whether as manager
or owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which
the license has been issued to said establishment.
SECTION 6. Attempt To Commit Child Prostitution. There is an attempt
to commit child prostitution under Section 5, paragraph (a) hereof when any
person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden
or secluded area under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution and other
sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a
sauna parlor or bath, massage clinic, health club and other similar
establishments.
A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the
attempt to commit the crime of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.

REPUBLIC ACT No. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND

OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES

It shall be unlawful:

d) for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by

using any other device or arrangement, to secretly overhear,

intercept, or record such communication or spoken word by using a
device commonly known as a dictaphone or dictagraph or dictaphone
or walkie-talkie or tape recorder, or however otherwise described;
e) for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, (1) to knowingly possess any tape
record, wire record, disc record, or any other such record, or copies
thereof, of any communication or spoken word secured either before
or after the effective date of this Act in the manner prohibited by this
law; or (2) to replay the same for any other person or persons; or (3)
to communicate the contents thereof, either verbally or in writing, or
(4) to furnish transcriptions thereof, whether complete or partial, to
any other person. Provided, That the use of such record or any
copies thereof as evidence in any civil, criminal investigation or
trial of offenses, shall not be covered by this prohibition;
f) for any person who willfully or knowingly does or who shall aid,
permit, or cause to be done any of the acts declared to be unlawful or
who violates the provisions of the following section or of any order
issued thereunder, or aids, permits, or causes such violation.

It is not unlawful:

a) for any peace officer, who is authorized by a written order of the

Court, to execute any of the acts declared to be unlawful in cases
involving the crimes of treason, espionage, provoking war and
disloyalty in case of war, piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion, inciting to rebellion,

sedition, conspiracy to commit sedition, inciting to sedition,

kidnapping as defined by the Revised Penal Code, and violations of
Commonwealth Act No. 616, punishing espionage and other offenses
against national security: Provided, That such written order shall
only be issued or granted upon written application and the
examination under oath or affirmation of the applicant and the
witnesses he may produce and a showing: (1) that there are
reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed or is being committed or is about to
be committed: Provided, however, That in cases involving the
offenses of rebellion, conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be granted only upon prior
proof that a rebellion or acts of sedition, as the case may be, have
actually been or are being committed; (2) that there are reasonable
grounds to believe that evidence will be obtained essential to the
conviction of any person for, or to the solution of, or to the
prevention of, any of such crimes; and (3) that there are no other
means readily available for obtaining such evidence.

Effect of violation of the law: Any communication or spoken word, or the

existence, contents, substance, purport, effect, or meaning of the same or any
part thereof, or any information therein contained obtained or secured by any
person in violation of this Act shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or administrative hearing or
investigation