Professional Documents
Culture Documents
Approved: June 24, 2006 B. Physical Violence acts that include bodily or
physical harm
In lieu of the death penalty, the following shall be
imposed (Section 2): C. Sexual violence includes, but is not limited to:
1. Rape, sexual harassment, acts of lasciviousness,
A. Reclusion Perpetua when the law violated makes treating a woman or her child as a sex object,
use of the nomenclature of the penalties of the making demeaning and sexually suggestive
Revised Penal Code. remarks, physically attacking the sexual parts of
B. Life imprisonment when the law violated does not the victim's body, forcing her/him to watch obscene
make use of the nomenclature of the penalties of the publications and indecent shows or forcing the
Revised Penal Code. woman or her child to do indecent acts and/or
make films thereof, forcing the wife and
Note: Person convicted of offenses punished with mistress/lover to live in the conjugal home or sleep
reclusion perpetua, or whose sentences will be reduced to together in the same room with the abuser;
reclusion perpetua shall not be eligible for parole under 2. Acts causing or attempting to cause the victim to
Act No. 4180 or Indeterminate Sentence Law (Section 3). engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or
other harm or coercion;
REPUBLIC ACT NO. 9262 3. Prostituting the woman or child.
ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 D. Psychological violence acts or omissions causing
or likely to cause mental or emotional suffering of the
victim such as but not limited to:
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND 1. Intimidation;
THEIR CHILDREN, PROVIDING FOR PROTECTIVE 2. Harassment;
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES 3. Stalking;
THEREFORE, AND FOR OTHER PURPOSES 4. Damage to property;
Approved: March 8, 2004 5. Public ridicule or humiliation;
6. Repeated verbal abuse;
Definition of Terms (Section 3) 7. Mental infidelity;
A. Violence against women and their children any act 8.Causing or allowing the victim to witness the
or a series of acts committed by any person against a physical, sexual or psychological abuse of a
woman who is his: member of the family to which the victim belongs; or
1. Wife; 9. To witness pornography in any form;
2. Former wife; or 10. To witness abusive injury to pets; or
3. Against a woman with whom the person has or had 11. Unlawful or unwanted deprivation of the right to
a sexual or dating relationship; or custody and/or visitation of common children.
4. With whom he has a common child, or against her
child whether legitimate or illegitimate, within or
E. Economic abuse acts that make or attempt to make child has the right to desist from or desist from conduct
a woman financially dependent which includes, but is which the woman or her child has the right to engage
not limited to the following: in, or attempting to restrict or restricting the woman's
1. Withdrawal of financial support or preventing the or her child's freedom of movement or conduct by
victim from engaging in any legitimate profession, force or threat of force, physical or other harm or threat
occupation, business or activity, except in cases of physical or other harm, or intimidation directed
wherein the other spouse/ partner objects on valid, against the woman or child.
serious and moral grounds as defined in Article 73
of the Family Code; This shall include, but not be limited to, the following
2. Deprivation or threat of deprivation of the use of acts committed with the purpose or effect of
financial resources and the right to the use and controlling or restricting the woman's or her child's
enjoyment of property owned in common; movement or conduct:
3. Destroying household property; a.Threatening to deprive or actually depriving the
4. Controlling the victims own money or properties or woman or her child of custody to her/his family;
solely controlling the conjugal money or properties. b.Depriving or threatening to deprive the woman or
her children of financial support legally due her or
F. Battery act of inflicting physical harm upon the her family, or deliberately providing the woman's
woman or her child resulting to the physical and children insufficient financial support;
psychological or emotional distress. c.Depriving or threatening to deprive the woman or
her child of a legal right;
G. Battered Woman Syndrome defined pattern of d.Preventing the woman in engaging in any legitimate
psychological and behavioral symptoms found in profession, occupation, business or activity or
women living in battering relationships as a result of controlling the victim's own money or properties, or
cumulative abuse. solely controlling the conjugal or common money,
or properties;
H. Dating relationship situation wherein the parties live
as husband and wife without the benefit of marriage or 6. Inflicting or threatening to inflict physical harm on
are romantically involved over time and on a oneself for the purpose of controlling her actions or
continuing basis during the course of the relationship. decisions;
Note: A casual acquaintance or ordinary socialization 7. Causing or attempting to cause the woman or her child
between two individuals in a business or social context to engage in any sexual activity which does not
is not a dating relationship. constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
I. Sexual relations refers to a single sexual act which woman or her child or her/his immediate family;
may or may not result in the bearing of a common child. 8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
J. Children refers to those below 18 years of age or substantial emotional or psychological distress to the
older but are incapable of taking care of themselves as woman or her child.
defined under Republic Act No. 7610. The term
includes the biological children of the victim and other This shall include, but not limited to the following acts:
children under her care. a.Stalking or following the woman or her child in
public or private places;
Acts Punishable (Section 5): (C-TAPA- ICE-C) b.Peering in the window or lingering outside the
The crime of violence against women and their children is residence of the woman or her child;
committed through any of the following acts: c.Entering or remaining in the dwelling or on the
1. Causing physical harm to the woman or her child; property of the woman or her child against her/his
2. Threatening to cause the woman or her child physical will;
harm; d.Destroying the property and personal belongings or
3. Attempting to cause the woman or her child physical inflicting harm to animals or pets of the woman or
harm; her child; and
4. Placing the woman or her child in fear of imminent e. Engaging in any form of harassment or violence;
physical harm;
5. Attempting to compel or compelling the woman or her 9. Causing mental or emotional anguish, public ridicule or
child to engage in conduct which the woman or her humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse, automobile and other essential personal effects,
and denial of financial support or custody of minor regardless of ownership, and directing the appropriate
children of access to the woman's child/children. law enforcement officer to accompany the petitioner to
the residence of the parties to ensure that the
Prohibited Defense (Section 27) petitioner is safely restored to the possession of the
Being under the influence of alcohol, any illicit drug, or any automobile and other essential personal effects, or to
other mind-altering substance shall not be a defense supervise the petitioner's or respondent's removal of
under this Act. personal belongings;
6. Granting a temporary or permanent custody of a
Venue (Section 7) child/children to the petitioner;
The Regional Trial Court designated as a Family Court 7. Directing the respondent to provide support to the
shall have original and exclusive jurisdiction over woman and/or her child if entitled to legal support.
cases of violence against women and their children under
this law. Notwithstanding other laws to the contrary, the court
shall order an appropriate percentage of the income or
In the absence of such court in the place where the salary of the respondent to be withheld regularly by the
offense was committed, the case shall be filed in the respondent's employer for the same to be
Regional Trial Court where the crime or any of its automatically remitted directly to the woman. Failure to
elements was committed at the option of the complainant. remit and/or withhold or any delay in the remittance of
support to the woman and/or her child without
Protection Orders (Section 8) justifiable cause shall render the respondent or his
Issued for the purpose of preventing further acts of employer liable for indirect contempt of court;
violence against a woman or her child and other
necessary relief. 8. Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and order
The relief granted under a protection order serve the him to surrender the same to the court for appropriate
purpose of safeguarding the victim from further harm, disposition by the court, including revocation of license
minimizing any disruption in the victim's daily life, and and disqualification to apply for any license to use or
facilitating the opportunity and ability of the victim to possess a firearm.
independently regain control over her life.
If the offender is a law enforcement agent, the court
Other reliefs granted through a protection order: shall order the offender to surrender his firearm and
1. Prohibition of the respondent from threatening to shall direct the appropriate authority to investigate on
commit or committing, personally or through another, the offender and take appropriate action on matter;
any of the acts mentioned in Section 5 of this Act;
2. Prohibition of the respondent from harassing, annoying, 9. Restitution for actual damages including, but not limited
telephoning, contacting or otherwise communicating to, property damage, medical expenses, childcare
with the petitioner, directly or indirectly; expenses and loss of income;
3. Removal and exclusion of the respondent from the 10.Directing the DSWD or any appropriate agency to
residence of the petitioner, regardless of ownership of provide petitioners need; and
the residence, either temporarily or permanently where 11. Provision of such other forms of relief as the court
no property rights are violated. deems necessary, provided petitioner and any
designated family or household member consents to
If respondent must remove personal effects from the such relief.
residence, the court shall direct a law enforcement
agent to escort respondent; Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal
4. Directing the respondent to stay away from petitioner separation or annulment or declaration of absolute nullity
and designated family or household member at a of marriage.
distance specified by the court, and to stay away from
the residence, school, place of employment, or any Who May File Petition for Protection Orders (Section
specified place frequented by the petitioner and any 9): (O-PAO-PPLA)
designated family or household member; 1. Offended party;
5. Directing lawful possession and use by petitioner of an 2. Parents or guardians of the offended party;
3. Ascendants, descendants or collateral relatives within issuance of PPO prior to the date of the expiration of
the fourth civil degree of consanguinity or affinity; the TPO.
4. Officers or social workers of the DSWD or social
workers of LGUs; 3. Permanent Protection Order (PPO) (Section 16)
5. Police officers, preferably those in charge of women issued by the court after notice and hearing.
and childrens desk;
6. Punong Barangay or Barangay Kagawad; Respondents non-appearance despite proper notice,
7. Lawyer, counselor, therapist or healthcare provider of or his lack of lawyer, shall NOT be a ground for
the petitioner; rescheduling the hearing on the merits of the issuance
8. At least 2 concerned responsible citizens of the city or of PPO.
municipality where the violence against women and
their children occurred and who has personal If despite proper notice, respondent fails to appear: the
knowledge of the offense committed. court shall allow ex parte presentation of evidence by
the applicant.
If the applicant is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to: If respondent appears without counsel: the court shall
a. The circumstances of the abuse suffered by the victim; appoint a lawyer for the respondent and proceed with
and the hearing.
b. The circumstances of consent given by the victim for
the filing of the application. General Rule: The hearing for the issuance of the PPO
shall only be conducted in only one day.
When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application. In Where the court is unable to conduct the hearing within
such case, the applicant shall: one day and the TPO is due to expire, the court shall
a. Attest that the victim is residing in the municipality or continuously extend the TPO for a period of 30 days at
city over which court has territorial jurisdiction; and each particular time until final judgment is issued.
b. Shall provide a mailing address for the purpose of
service processing. (Section 11) The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the
Kinds of Protection Order: needs of the applicant.
1. Barangay Protection Order (BPO) (Section 14)
issued by a punong barangay to the applicant on the Effectivity of PPO:
date of filing after ex parte determination of the basis PPO shall be effective until revoked by the court upon
of the application. application of the person in whose favor it was issued.
In the absence of punong barangay, any available The court shall not deny the issuance of protection order
barangay kagawad may act on the application. In such on the basis of the lapse of time between the act of
case, the order must be accompanied by an attestation violence and the filing of the application.
that the punong barangay was unavailable at the time
of the issuance of the BPO. Regardless of the conviction or acquittal of the
respondent, the Court must determine whether or not the
BPOs shall be effective for 15 days. PPO shall become final. Even in a dismissal, a PPO shall
be granted as long as there is no clear showing that the
The parties may be accompanied by a non-lawyer act from which the order might arise did not exist.
advocate in any proceeding before the punong
barangay. General Rule: TPO and PPO are filed in the family court
at the place of residence of the petitioner (Section 10).
2. Temporary Protection Order (TPO) (Section 15)
issued by a court of competent jurisdiction after ex Exception: In the absence of a family court, with the
parte determination that such should be issued. RTC, MeTC, MTC or MCTC with territorial jurisdiction over
the place of residence of the petitioner.
Effective for 30 days.
The issuance of a BPO or the pendency of an application Violence against Women and their Children as a
for BPO shall not preclude a petitioner from applying for, Public Crime (Section 25)
or the court from granting a TPO or PPO. Such violence are considered a public offense which may
be prosecuted upon the filing of a complaint by any citizen
An application for protection order filed with a court shall having personal knowledge of the circumstances involving
be considered an application for both TPO and PPO. the commission of the crime.
Applicability of Protection Orders to Criminal Cases Battered Woman Syndrome as a Defense (Section 26)
(Section 22) Those who are found by the courts to be suffering from
The provisions on protection orders shall be applicable in Battered Woman Syndrome do not incur any criminal and
impliedly instituted with the criminal actions involving civil liability notwithstanding the absence of any of the
violence against women and their children. elements for justifying circumstances of self-defense
under the RPC.
Prescriptive Period (Section 24)
The following acts prescribe in 20 years: (C-TAPAI) The courts shall be assisted by expert psychiatrists/
1. Causing physical harm to the woman or her child; psychologists in determining the state of mind of the
2. Threatening to cause the woman or her child physical woman suffering from Battered Woman Syndrome at the
harm; time of the commission of the crime.
3. Attempting to cause the woman or her child physical
harm; Custody of children, given to the woman victim
4. Placing the woman or her child in fear of imminent (Section 28)
physical harm; The woman victim of violence shall be entitled to the
5. Attempting to compel or compelling the woman or her custody and support of her child/children. Children below
child to engage in conduct which the woman or her child seven (7) years old older but with mental or physical
has the right to desist from or desist from conduct which disabilities shall automatically be given to the mother, with
the woman or her child has the right to engage in, or right to support, unless the court finds compelling reasons
attempting to restrict or restricting the woman's or her to order otherwise.
child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of A victim who is suffering from Battered Woman Syndrome
physical or other harm, or intimidation directed against shall not be disqualified from having custody of her
the woman or child. children. In no case shall custody of minor children be
6. Inflicting or threatening to inflict physical harm on given to the perpetrator of a woman who is suffering from
oneself for the purpose of controlling her actions or Battered Woman Syndrome.
decisions;
Persons Intervening Exempt from Liability (Section
The following acts prescribe in 10 years: (CEC) 34)
1. Causing or attempting to cause the woman or her child In every case of violence against women and their
to engage in any sexual activity which does not children, any person, police authority or barangay official
constitute rape, by force or threat of force, physical shall not be liable for any criminal, civil or administrative
harm, or through intimidation directed against the liability resulting therefrom provided that such person,
woman or her child or her/his immediate family; police authority or official:
2. Engaging in purposeful, knowing, or reckless conduct, 1. Was acting in accordance with law;
personally or through another that alarms or causes 2. Responds or intervenes; or
substantial emotional or psychological distress to the 3. Without using violence or restraint greater than
woman or her child. necessary to ensure the safety of the victim.
3. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not Any victim under this act shall be entitled to the
limited to, repeated verbal and emotional abuse, and following damages (Section 36) (MAC)
denial of financial support or custody of minor children 1. Moral
of access to the woman's child/children. 2. Actual
3. Compensatory
Cases Exempt from Payment of Docket fees and other Circumstances which gravely threaten or endanger
Expenses (Section 38) the survival and normal development of children"
1. Victim is indigent, or These include, but are not limited to, the following;
2. There is an immediate necessity due to imminent 1. Being in a community where there is armed conflict or
danger to act on an application for protection order. being affected by armed conflict-related activities;
2. Working under conditions hazardous to life, safety and
Entitlement of Woman Victims to Work Leave (Section normal which unduly interfere with their normal
43) development;
Woman victims shall be entitled to take a paid leave of 3. Living in or fending for themselves in the streets of
absence up to ten (10) days in addition to other paid urban or rural areas without the care of parents or a
leaves under the Labor Code and Civil Service Rules and guardian or basic services needed for a good quality of
Regulations, extendible when the necessity arises as life;
specified in the protection order. 4. Being a member of a indigenous cultural community
and/or living under conditions of extreme poverty or in
Confidentiality of Records in VAWC Cases (Section an area which is underdeveloped and/or lacks or has
44) inadequate access to basic services needed for a
All records pertaining to cases of violence against women good quality of life;
and their children including those in the barangay shall be 5. Being a victim of a man-made or natural disaster or
confidential and all public officers and employees and calamity; or
public or private clinics to hospitals shall respect the right 6. Other analogous circumstances which endanger the
to privacy of the victim. life, safety or normal development of children.
facilitate child prostitution and other sexual abuse, General Rule: No child below 15 shall be employed.
child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately Exceptions:
closed and their authority or license to operate a. When a child works directly under the sole
cancelled, without prejudice to the owner or manager responsibility of his parents or legal guardian and
thereof being prosecuted under this Act and/or the where only members of the employer's family,
Revised Penal Code, as amended, or special laws. provided that
2. An establishment shall be deemed to promote or i. Employment does not endanger childs life, safety
facilitate child prostitution and other sexual abuse, and health and morals, nor impairs his normal
child trafficking, obscene publications and indecent development;
shows, and other acts of abuse if the acts constituting ii. Parent or legal guardian shall provide the said minor
the same occur in the premises of said establishment child with the prescribed primary and/or secondary
under this Act or in violation of the Revised Penal education;
Code, as amended. An enterprise such as a sauna, b. When a child's employment or participation in public &
travel agency, or recruitment agency which: promotes entertainment or information through cinema, theater,
the aforementioned acts as part of a tour for foreign radio or television is essential provided that
tourists; exhibits children in a lewd or indecent show; i. Employment contract concluded by the child's parent
provides child masseurs for adults of the same or or guardian, with the express agreement of the child
opposite sex and said services include any lascivious concerned, if possible, and the approval of the
conduct with the customers; or solicits children or DOLE and the following requisites are met:
activities constituting the aforementioned acts shall be ii. the employer shall ensure the protection, health,
deemed to have committed the acts penalized herein. safety and morals of the child;
iii. the employer shall institute measures to prevent the
Employment of Children (Section 12) - Children below child's exploitation or discrimination taking into
15 years of age shall not be employed except: account the system and level of remuneration, and
1. Child works directly under the sole responsibility of the duration and arrangement of working time; and
his/her parents or legal guardian and where only iv. the employer shall formulate and implement,
members of his/her family are employed: provided, subject to the approval and supervision of
however, that his/her employment neither endangers competent authorities, a continuing program for
his/her life, safety, health and morals, nor impairs training and skill acquisition of the child.
his/her normal development: provided further that the v.Employment does not involve commercials or
parent or legal guardian shall provide the said minor advertisements promoting alcoholic beverages,
child with the prescribed primary and/or secondary intoxicating drinks, tobacco and its byproducts and
education. violence (Section 14).
2. Childs employment or participation in public
entertainment or information through cinema, theater, Hours of Work of a Working Child (Section 12-A)
radio or television is essential: provided that Age Provision
employment contract is concluded by the childs Below 15 May be allowed to work for not more
parents or legal guardian, with the express agreement years of than 20 hours a week: provided that
of the child concerned, if possible, and the approval of age the work shall not be more than 4
the Department of Labor and Employment: provided hours at any given day
further that the following requirements in all instances
are strictly complied with: (PMP) Not allowed to work between 8:00
a. Employer shall ensure the protection, health, safety, PM and 6:00 AM of the following day
morals and normal development of the child; 15 years of Not allowed to work for more than 8
b. Employer institute measures to prevent the childs age but hours a day and in no case beyond
exploitation or discrimination taking into account below 18 40 hours a week
system and level of remuneration and the duration
and arrangement of working time; Not allowed to work between 10:00
c. Employer shall formulate and implement, subject to PM and 6:00 AM the following day
the approval and supervision of competent
authorities, a continuing program for training and Worst Forms of Child Labor (Section 12-D) (SHIP)
skills acquisition of the child. 1. All forms of slavery or practices similar to slavery;
2. Use, procuring or offering of a child for prostitution, for Under Special Laws (ATAHAF)
the production of pornography or for pornographic 1. Arson (PD No. 1613);
performances; 2. Toxic substances and Hazardous and Nuclear Waste
3. Use, procuring or offering of a child for illegal or illicit Control Act of 1990 (RA No. 6969);
activities; 3. Atomic Energy Regulatory and Liability Act of 1968 (RA
4. Work which, by its nature or circumstances in which it is No. 5207);
carried out, is hazardous or likely to be harmful to the 4. Anti-Hijacking Law (RA No. 6235);
health, safety or morals of children, such that it: 5. Anti-Piracy and Anti-Highway Robbery Law of 1974
a. Debases, degrades or demeans the intrinsic worth (PD No. 532);
and dignity of a child as a human being; or 6. Decree Codifying the Laws on Illegal and Unlawful
b. Exposes the child to physical, emotional or sexual Possession, Manufacture, Dealing in, Acquisition or
abuse, or is found to be highly stressful Disposition of Firearms, Ammunitions or Explosives
psychologically or may prejudice morals; or (PD No. 1866).
c.Performed underground, underwater or at dangerous
heights; or PROVIDED that the following requisites are present:
d.Involves the use of dangerous machinery, equipment 1. The act committed sows and creates a condition of
and tools; or widespread and extraordinary fear and panic among
e. Exposes the child to physical danger or which the populace;
requires the manual transport of heavy loads; or 2. The act was committed in order to coerce the
f. Performed in an unhealthy environment exposing the government to give in to an unlawful demand.
child to hazardous working conditions, elements,
substances, co-agents or processes involving Note: The benefit of Parole under the Indeterminate
ionizing, radiation, fire, flammable substances, Sentence Law (Act. No. 4103) is not applicable to
noxious components and the like, or to extreme persons convicted under this Act.
temperatures, noise levels or vibrations; or
g. Performed under particularly difficult conditions; or Who may be liable:
h. Exposes the child to biological agents; or Description Penalty
i. Involves the manufacture or handling of explosives Conspirator Two or more 40 years
and other pyrotechnic products. (Section 4) persons come imprisonment
to an
agreement
REPUBLIC ACT NO. 9372
concerning the
HUMAN SECURITY ACT OF 2007 commission of
the crime of
AN ACT TO SECURE AND PROTECT OUR PEOPLE terrorism and
FROM TERRORISM decide to
commit the
Approved: March 9, 2007 same.
Accomplice Any person 17 years, 4
The crime of terrorism is committed by any person who (Section 5) who, not being months, 1 day
engages in any of the following acts punishable under a principal or a to 20 years
RPC and other special laws: conspirator, imprisonment
cooperates in
Under the RPC (PRC-MaKaDa) the execution of
1. Piracy in general and Mutiny in the high seas or in the either the crime
Philippine waters (Art. 122); of terrorism or
2. Rebellion or Insurrection (Art. 134); conspiracy to
3. Coup detat including acts committed by private commit
persons (Art. 134-a); terrorism by
4. Murder (Art. 248); previous or
5. Kidnapping and Serious Illegal Detention (Art. 267); simultaneous
6. Crimes involving destruction (Art. 324). acts.
Accessory Any person 10 years and 1
(Section 6) who, having day to 12
The authorizing division of the CA may extend or renew 2. A showing that the DOJ has been duly authorized in
the said authorization for another non-extendible period, writing by the Anti-Terrorism Council to file such
which shall not exceed 30 days from the expiration of the application;
original period, PROVIDED THAT: 3. Proper notice to the person whose communication has
1. The authorizing division of the CA is satisfied that such been subjected to surveillance that the sealed
extension is in the public interest; envelope or package shall be opened.
2. The ex parte application for extension or renewal is filed
by the original applicant and has been duly authorized The written application shall clearly state the purpose
in writing by the Anti-Terrorism Council. or reason:
i. for opening the sealed envelope;
In case of death or disability of the original applicant: ii. for revealing or disclosing its classified contents;
the application for extension shall be filed by the one next iii. for replaying, divulging, and or reading any of the
in rank to the original applicant among the members of his listened to, intercepted, and recorded
team. communications, etc.;
iv. for using any of the said listened to, intercepted and
The applicant shall have 30 days after the termination of recorded communications as evidence (Section 14)
the period granted by CA within which to file the
appropriate case before the Public Prosecutors Office. Evidentiary Value of Deposited Materials (Section 15)
Any listened to, intercepted, and recorded
If no case is filed within the 30-day period, the applicant communications, or any information or fact contained
shall notify the person subject of the surveillance of the therein, including their existence, content, substance,
termination of such surveillance or recording. purport, effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act, shall
Custody of Intercepted and Recorded Information absolutely not be admissible and usable as evidence
(Section 11) against anybody in any judicial, quasi-judicial, legislative,
All tapes, discs and recordings made pursuant to the or administrative investigation, inquiry, proceeding, or
authorization of the CA (including excerpts, summaries hearing.
and written notes made in connection therewith) shall be
deposited in a sealed envelope or package accompanied Proscription of Terrorist Organizations, Association
by a joint affidavit of the applicant police officer or law or Group of Persons (Section 17)
enforcement officials and the members of his team, with Any organization, association or group of persons
the authorizing CA division within 48 hours after the 1. Organized for the purpose of engaging in terrorism; or
expiration of the order. 2. Although not organized for that purpose, actually uses
the acts to terrorize or to sow and create a condition of
It is unlawful for any person, police officer or any widespread and extraordinary fear and panic among
custodian of the tapes, discs and recording, and their the populace in order to coerce the government to give
excerpts and summaries, written notes or memoranda to in to unlawful demand shall, upon application by DOJ
copy in whatever form, to remove, delete, expunge, before a competent RTC, with due notice and
incinerate, shred or destroy in any manner the items opportunity to be heard given to the said group, be
enumerated above in whole or in part under any pretext declared as a terrorist and outlawed organization,
whatsoever. association, or group of persons by the said RTC.
Disposition of Deposited Materials (Section 13) Note: An association of terrorists is not an illegal
The sealed envelope or package and the contents thereof association defined under the RPC.
shall be deemed classified information and the same shall
not be opened and its contents shall not be divulged or Illegal associations (Article 147, RPC)
used as evidence UNLESS authorized by written order of These are associations totally or partially organized for the
the authorizing CA division. purpose of committing any of the crimes punishable under
this Code or for some purpose contrary to public morals.
The said written order shall be granted upon:
1. A written application of DOJ filed before the authorizing
division of CA;
Period of Detention Without Judicial Warrant of Arrest officer shall present him/her before any judge at the
(Section 18) latters residence or office nearest the place where the
arrest took place at any time of the day or night. The
General Rule: Notwithstanding Art. 125 of RPC, any following shall be the duties of the judge in such case:
police or law enforcement personnel who has taken 1. Ascertain the identity of the police or law enforcement
custody of a person charged or suspected of the crime of personnel and the person arrested;
terrorism or conspiracy to commit terrorism shall deliver 2. Inquire on the reason for the arrest;
said charged person to the proper judicial authority within 3. Determine whether or not the person arrested has been
3 days counted from the moment of arrest. subjected to any physical, moral or psychological
torture, by whom and why;
Note: Anti-terrorism law amended Art. 125 of the RPC 4. Submit a written report of his/her observations within 3
insofar as terrorism and conspiracy to commit terrorism calendar days from the time the suspect was brought
are concerned. before him.
Delay in the delivery of detained persons to the Failure to Deliver Suspect to Proper Judicial Authority
proper judicial authorities (Article 125, RPC) (Section 20)
The penalties provided in the next preceding article shall The penalty of 10 years and 1 day to 12 years or
be imposed upon the public officer or employee who shall imprisonment shall be imposed upon any police or law
detain any person for some legal ground and shall fail to enforcement personnel who has apprehended or arrested,
deliver such person to the proper judicial authorities within detained and taken custody of a person charged with or
the period of; 12 hours for crimes or offenses punishable suspected of the crime of terrorism or conspiracy to
by light penalties, or their equivalent; 18 hours for crimes commit terrorism and fails to deliver such charged or
or offenses punishable by correctional penalties, or their suspected person to the proper judicial authority within the
equivalent and 36 hours for crimes, or offenses period of 3 days.
punishable by afflictive or capital penalties, or their
equivalent. Rights of a Person under Custodial Detention (Section
21)
Exception (Section 19): In the event of actual or 1.Right to be informed of the nature and cause of his
imminent terrorist attack, suspects may be detained for arrest;
more than 3 days upon written approval of: 2. Right to remain silent;
1. Municipal, city, provincial or regional official of Human 3.Right to have competent and independent counsel
Rights Commission; preferably of his choice.
2. Judge of MTC, RTC or Sandiganbayan; or
3. Justice of CA nearest the place of arrest. The written If the person cannot afford the services of counsel of his
approval must be procured within 5 days after the date choice, the police or law enforcement officers
of detention. concerned shall immediately contact the free legal
assistance unit of the IBP or PAO;
Provided that within 3 days after detention, suspects
whose connection with the terror attack or threat is not 4. Right to be informed of the cause of his detention in the
established, shall be released immediately. presence of his legal counsel;
If the arrest is made during Saturdays, Sundays, 5. Allowed to communicate freely with his counsel;
Holidays or after office hours, the police or law 6. Allowed to communicate freely and privately with the
enforcement personnel shall bring the arrested person members of his family or with his nearest relatives and
to the residence of any of the officials mentioned to be visited by them;
above that is nearest the place where the accused 7. Allowed freely to avail of the service of a physician of
was arrested. choice.
3. Application by the prosecutor to the court to limit the Requisites for application to examine bank deposits
right of travel of the accused. (Section 28):
1. Ex parte application to the CA by the police or law
Limitation to the right of travel of the accused enforcement official;
1. Within the municipality or city where he resides or 2. The police or law enforcement official must be
where the case is pending: travel outside of said authorized in writing by the Anti-Terrorism Council to
municipality or city, without the authorization of the file such application;
court, shall be deemed a violation of the terms and 3. Examination under oath or affirmation of the applicant
conditions of his bail, which shall be then forfeited as and the witnesses he may produce to establish the
provided under the rules of court. facts that will justify the need and urgency of
2. House arrest at the usual place of residence of the examining and freezing the bank deposits,
accused: accused may not use telephones, placements, trust accounts, assets and records.
cellphones, e-mails, computers, the internet or other
means of communications with people outside the Effective period of court authorization to examine and
residence until otherwise ordered by the court. obtain information on bank deposits, accounts and
records (Section 30) time specified in the written order,
Modes of termination of restrictions which shall not exceed 30 days from the date of the
1. Upon the acquittal of the accused; receipt of the written order by the applicant police.
2. Dismissal of the case filed against the accused;
3. Upon the discretion of the court on motion of the It may be extended for another period which shall not
prosecutor or of the accused. exceed 30 days from the expiration of the original period,
provided:
Examination of Bank Deposits, Accounts and Records 1. The authorizing division of the CA is satisfied that such
(Section 27) extension is in the public interest;
Notwithstanding RA No. 1405 (Bank Secrecy Law) as 2.The application for extension or renewal must have
amended, judicial authorization to examine bank deposits, been authorized in writing by the Anti-Terrorism
accounts and records may be procured from the justices Council;
of CA designated to handle anti-terrorism cases after 3. Such must be filed by the original applicant.
satisfying themselves of the existence of probable cause
in hearing for that purpose that: In case of death or disability of the original applicant
1. A person charged with or suspected of the crime of the one next in rank to the original applicant among the
terrorism or, conspiracy to commit terrorism; members of his team shall file the application for
2. Of a judicially declared and outlawed terrorist extension.
organization, association, or group of persons; and
3. Of a member of such judicially declared and outlawed The applicant shall have 30 days after the termination of
organization, association, or group of persons, may the period granted by the CA within which to file the
authorize in writing any police or law enforcement appropriate case before the Public Prosecutors Office for
officer and the members of his/her team duly any violation of this Act.
authorized in writing by the anti-terrorism council to:
a. Examine, or cause the examination of, the deposits, If no case is filed within the said period, the applicant shall
placements, trust accounts, assets and records in a immediately notify in writing the person subject of bank
bank or financial institution; and examination and freezing of accounts.
b. Gather or cause the gathering of any relevant
information about such deposits, placements, trust Custody of Bank Data and Information (Section 31)
accounts, assets, and records from a bank or All information, summaries and other documents obtained
financial institution. from the examination of bank deposits shall within 48
hours after the expiration of the period fixed in the written
Note: The bank or financial institution concerned, shall not order be deposited with the authorizing division of CA in a
refuse to allow such examination or to provide the desired sealed envelope or package and shall be accompanied by
information, when so, ordered by and served with the a joint affidavit of the applicant police or law enforcement
written order of the Court of Appeals. official and the persons who actually conducted the
examination of said bank deposits, placements, trust
accounts, assets and records.
Disposition of Bank Materials (Section 33) 2. His bank deposits, placements, trust accounts, assets
The sealed envelope or package shall not be opened and and records shall be deemed released from such
its contents shall not be used as evidence unless seizure, sequestration and freezing, and shall be
authorized in a written order of the authorizing division of restored to him without any delay by the bank or
CA. financial institution concerned without any further
action on his part.
Requisites in applying for judicial authorization to
open the sealed envelope containing records of bank The filing of any appeal on motion for reconsideration
account: shall not state the release of said funds from seizure,
1. Written application of DOJ filed before the authorizing sequestration and freezing.
division of CA;
2. Authorization in writing by the Anti-terrorism Council to If the person charged with the crime of terrorism or
file such application; conspiracy to commit terrorism is convicted by a final
3. Notice in writing to the party concerned not later than 3 judgment of a competent trial court, his seized,
days before the scheduled opening; sequestered and frozen bank deposits, placements, trust
4. The application and notice must clearly state the reason accounts, assets and records shall be automatically
for opening or using the information. forfeited in favor of the government.
Evidentiary Value of Deposited Bank Materials Infidelity in the Custody of Detained Persons (Section
(Section 35) 44)
Any information secured in violation of this act shall not be
admissible as evidence in any judicial, quasi-judicial, Infidelity
legislative, or administrative investigation, inquiry, It is committed when any public officer who has direct
proceeding, or hearing. custody of a detained person and who by his deliberate
act, misconduct or inexcusable negligence causes or
Seizure and Sequestration (Section 39) allows the escape of such detained person.
The said accounts shall be seized, sequestered, and
frozen in order to prevent their use or transfer for Penalties
purposes that are inimical to the safety and security of the 1. If the detained person has already been convicted and
people or injurious to the state. sentenced in a final judgment: imprisonment for 12
years and 1 day to 20 years.
Note: The accused may withdraw such sums as may be 2. If the detained person has not been convicted and
reasonably needed by the monthly needs of his family sentenced in a final judgment: imprisonment for 6
including the services of his counsel upon approval of the years and 1 day to 12 years.
court.
The acquittal of the accused or the dismissal of the case
The accused may also use any of his property that is shall be a bar to another prosecution for any offense or
under seizure or sequestration or frozen because of his or felony which is necessarily included in the offense
her indictment as a terrorist upon permission of the court charged under this Act (Section 49).
for any legitimate reason.
Requisites:
If the person suspected of or charged with the crime of 1. There must be a valid complaint or information or other
terrorism or conspiracy to commit terrorism is found, after formal charge sufficient in form and substance to
his investigation, to be innocent by the investigating body, sustain conviction; and
or is acquitted, after his arraignment or his case is 2. The accused had pleaded to the charge.
dismissed before his arraignment by a competent court
(Section 41). Upon acquittal, any person accused of terrorism shall be
entitled to the payment of damages in the amount of
Effects: P500,000.00 for every day that he has been detained
1. The seizure, sequestration and freezing of his bank without warrant (Section 50).
deposits, placements, trust accounts, assets and
records shall forthwith be deemed lifted by the The provisions of Book 1 of the RPC shall be applicable to
investigating body or by the competent court, as the this act (Section 52).
case may be, and
Extra-territorial Application of This Act (Section 58) The possession of any machinery, tool or instrument
Subject to the provision of an existing treaty of which the used directly in the manufacture of firearms or
Philippines is a signatory and to any contrary provision of ammunition, by any person whose business or
any law of preferential application, the provisions of this employment does not lawfully deal with the
act shall apply: manufacture of firearms or ammunition, shall be prima
1. To individual persons who commit any of the crimes facie evidence that such article is intended to be used
defined and punished under this act within the in the unlawful/illegal manufacture of firearms or
terrestrial domain, interior waters, maritime zone, and ammunition;
airspace of the Philippines;
2. To those who, although physically outside the territorial 2. Unlawful manufacture, sale, acquisition, disposition or
limits of the Philippines, commit, conspire or plot to possession of explosives (Section 3).
commit any of the crimes defined and punished in this
act inside the territorial limits of the Philippines; The possession of any machinery, tool or instrument
3. To those who, although physically outside the territorial directly used in the manufacture of explosives, by any
limits of the Philippines, commit any of the said crimes person whose business or employment does not
on board Philippine ship or airship; lawfully deal with the manufacture of explosives shall
4. To those who commit any of the said crimes within any be prima facie evidence that such article is intended to
embassy, consulate or diplomatic premises belonging be used in the unlawful/illegal manufacture of
to or occupied by the Philippine Government in an explosives;
official capacity;
5. To those who, although physically outside the territorial 3. Tampering of firearm's serial number (Section 5);
limits of the Philippines, commit said crimes against 4. Repacking or altering the composition of lawfully
Philippine citizens or persons of Philippine descent, manufactured explosives (Section 6);
where their citizenship or ethnicity was a factor in the 5. Unauthorized issuance of authority to carry firearm
commission of the crime; and/or ammunition outside of residence (Section 7).
6. To those who, although physically outside the territorial
limits of the Philippines, commit said crimes directly Note: Under nos. 1 and 2:
against the Philippine Government. a. If homicide or murder (no. 1) or crimes defined in the
RPC or special laws (no. 2) is/are committed with the
Note: The provisions of this Act shall be automatically use of an unlicensed firearm, such use of an
suspended 1 month before and 2 months after the holding unlicensed firearm shall be considered as an
of any election (Section 62). aggravating circumstance.
b. If the violation is in furtherance of or incident to, or in
connection with the crime of rebellion or insurrection,
PRESIDENTIAL DECREE NO. 1866, AS sedition, or attempted coup d'etat, such violation shall
AMENDED BY RA 8294 be absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.
Codifying the Laws on Illegal/Unlawful Possession, Definition of Terms (Section 1 IRR of P.D. 1866)
Manufacture, Dealing in, Acquisition or Disposition, of
Firearms, Ammunition or Explosives or Instruments Firearm
Used in the Manufacture of Firearms, Ammunition or As herein used, includes rifles, muskets, carbines,
Explosives, and Imposing Stiffer Penalties for Certain shotguns, revolvers, pistols and all other deadly weapons
Violations Thereof and for Relevant Purposes from which a bullet, ball, shot, shall or other missile may
be discharged by means of gunpowder or other
Approved: June 29, 1983 explosives. The term also includes air rifles and air pistols
not classified as toys under the provisions of Executive
Acts Punishable Order No. 712 dated July 28, 1981. The barrel of any
1. Unlawful manufacture, sale, acquisition, disposition or firearm shall be considered a complete firearm.
possession of firearms or ammunition or instruments
used or intended to be used in the manufacture of Ammunition
firearms of ammunition (Section 1). It refers to loaded shells for rifles, muskets, carbines,
shotguns, revolvers, pistols and other firearms from which
a bullet, ball, shot, shall or other missile may be fired by 3. Any person knowing that a monetary instrument is
means of gunpowder of explosives. required under the AMLA to be disclosed and filed with
the Anti-Money Laundering Council, fails to do so.
Permit To Carry Firearm Outside of Residence
It is a written authority issued to any person by the Chief Penalty
Punishable Act
of Constabulary which entitles such person o carry his (Section 14)
licensed or lawfully issued firearms outside of residence 1. 7-14 years imprisonment
for the duration and purpose specified therein. and fine not less than
P3,000,000.00 but not more
Residence than twice the value of
It refers to that place where the firearm and ammunition is monetary instrument or
being permanently kept. It includes the office or house property involved;
where it is kept and premises of the house enclosed by Money 2. 4-7 years imprisonment and
walls and gates separating said premises from adjacent laundering fine not less than
properties. For firearms covered by a Regular License or (Section 4) P1,500,000.00 but not more
Special Permit their residence shall be that specified in than P3,000,000.00;
the license or permit; and those covered by a Certificate of 3. 6 months - 4 years
Registration or a Memorandum Receipt their residence in imprisonment or fine not less
the office/station to which the grantee belongs. than P100,000.00 but not
more than P500,000.00 or
The term unlicensed firearm shall include: (Section 5 of both.
RA 8294) 6 months - 1 year or a fine of
1. Firearms with expired license; or Failure to keep
not less than P100,000.00 but
2. Unauthorized use of licensed firearm in the commission records (Section
not more than P500,000.00 or
of the crime. 9b)
both.
6 months - 4 years
imprisonment and fine of not
REPUBLIC ACT NO. 9160 (AS Malicious less than P100,000.00 but not
AMENDED BY R.A. 9194) reporting more than P500,000.00
ANTI-MONEY LAUNDERING (Section 14c)
any person who, Offender is a juridical
ACT OF 2001 with malice, or in person: court may suspend or
bad faith, reports revoke its license
Money laundering (Section 4) or files a
It is a scheme whereby the proceeds of an illegal activity completely Offender is an alien:
are transacted and made to appear to have originated unwarranted or deportation without further
from legitimate sources. false information proceedings after serving the
Covered Institutions (Section 3a) relative to money penalties prescribed
1. All those supervised and regulated by BSP; laundering Offender is a public
2. All those supervised and regulated by the SEC; transaction official/employee: in addition
3. All those supervised and regulated by the Insurance against any to the penalties prescribed,
Commission. person. perpetual or temporary
absolute disqualification from
Money laundering is committed by (Section 4): office
1. Any person knowing that a monetary instrument is 3-8 years imprisonment and
related to the proceeds of an unlawful activity, enters fine of not less than
or attempts to enter into a transaction using the said P500,000.00 but more than
monetary instrument; P1,000,000.00
2. Any person knowing that a monetary instrument Breach of
involves the proceeds of an unlawful activity, performs confidentiality
Note: In the case of a breach
or fails to perform any act as a result of which he (Section 9c)
of confidentiality that is
facilitates the offence of money laundering; published or reported by
media, the responsible
reporter, writer, president,
employee has acquired during his incumbency an amount not involve any of the means set forth in the preceding
of property which is manifestly out of proportion to his paragraph.
salary as such public officer or employee and to his other
lawful income and the income from legitimately acquired Child
property. It refers to a person below eighteen (18) years of age or
one who is over eighteen (18) but is unable to fully take
The resignation, dismissal or separation of the officer or care of or protect himself/herself from abuse, neglect,
employee from his office or employment in the cruelty, exploitation, or discrimination because of a
Government or in the Government-owned or controlled physical or mental disability or condition.
corporation shall not be a bar to the filing of the petition:
Provided, however, That the right to file such petition shall Prostitution
prescribe after four years from the date of the resignation, It refers to any act, transaction, scheme or design
dismissal or separation or expiration of the term of the involving the use of a person by another, for sexual
officer or employee concerned. intercourse or lascivious conduct in exchange for money,
profit or any other consideration.
Effect of failure of respondent to show that he has
lawfully acquired the subject property (Section 6) Forced Labor and Slavery
The court shall declare such property, forfeited in favor of It is refer to the extraction of work or services from any
the State, and by virtue of such judgment the property person by means of enticement, violence, intimidation or
aforesaid shall become property of the State threat, use of force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-
Note: No judgment shall be rendered within six months bondage or deception.
before any general election or within three months before
any special election. The Court may, in addition, refer the Sex Tourism
case to the corresponding Executive Department for It refers to a program organized by travel and tourism-
administrative or criminal action, or both. related establishments and individuals which consists of
tourism packages or activities utilizing and offering escort
and sexual services as enticement for tourists. This
REPUBLIC ACT NO. 9208 includes sexual services and practices offered during rest
and recreation periods for members of the military.
ANTI-TRAFFICKING IN PERSONS ACT
OF 2003 Sexual Exploitation
It refers to participation by a person in prostitution or the
Approved: May 26, 2003 production of pornographic materials as a result of being
Definition of Terms (Section 3) subjected to a threat, deception, coercion, abduction,
force, abuse of authority, debt bondage, fraud or through
Trafficking in Persons abuse of a victim's vulnerability.
It refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's Debt Bondage
consent or knowledge, within or across national borders It refers to the pledging by the debtor of his/her personal
by means of threat or use of force, or other forms of services or labor or those of a person under his/her
coercion, abduction, fraud, deception, abuse of power or control as security or payment for a debt, when the length
of position, taking advantage of the vulnerability of the and nature of services is not clearly defined or when the
person, or the giving or receiving of payments or benefits value of the services as reasonably assessed is not
to achieve the consent of a person having control over applied toward the liquidation of the debt.
another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution Pornography
of others or other forms of sexual exploitation, forced labor It refers to any representation, through publication,
or services, slavery, servitude or the removal or sale of exhibition, cinematography, indecent shows, information
organs. technology, or by whatever means, of a person engaged
in real or simulated explicit sexual activities or any
The recruitment, transportation, transfer, harboring or representation of the sexual parts of a person for primarily
receipt of a child for the purpose of exploitation shall also sexual purposes.
be considered as "trafficking in persons" even if it does
Note: The consent of a trafficked person to the intended Attack Directed Against Any Civilian Population
exploitation set forth in this Act shall be irrelevant. It is a course of conduct involving the multiple
commission of acts referred to in Section 6 of this Act
against any civilian population, pursuant to or in
REPUBLIC ACT NO. 9851 furtherance of a State or organizational policy to commit
AN ACT DEFINING AND PENALIZING such attack.
CRIMES AGAINST INTERNATIONAL Effective Command and Control or Effective Authority
HUMANITARIAN LAW. GENOCIDE AND and Control
OTHER CRIMES AGAINST HUMANITY, It means having the material ability to prevent and punish
ORGANIZING JURISDICTION, the commission of offences by subordinates.
DESIGNATING SPECIAL COURTS, AND Enforced or Involuntary Disappearance of Persons
FOR RELATED PURPOSES It means the arrest, detention, or abduction of persons by,
or with the authorization, support or acquiescence of, a
State or a political organization followed by a refusal to
Definition of Terms (Section 3) acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons,
Apartheid with the intention of removing them from the protection of
It means inhumane acts committed in the context of an the law for a prolonged period of time.
institutionalized regime of systematic oppression and
Works and Installations Containing Dangerous Forces 3. Other serious violations of the laws and customs
It means works and installations the attack of which may applicable in armed conflict, within the established
cause the release of dangerous forces and consequent framework of international law, namely:
severe losses among the civilian population, namely: a. Intentionally directing attacks against the civilian
dams, dikes, and nuclear, electrical generation stations. population as such or against individual civilians
not taking direct part in hostilities;
Acts Punishable: b. Intentionally directing attacks against civilian
A. War Crimes, which include the following (Section 4): objects, that is, objects which are not military
1. In case of an international armed conflict, grave objectives;
breaches of the Geneva Conventions of August 12, c. Intentionally directing attacks against buildings,
1949, namely, any of the following acts against material, medical units and transport, and
persons or property protected under the provisions personnel using the distinctive emblems of the
of the relevant Geneva Convention: Geneva Conventions or Additional Protocol III in
a. Willful killing; conformity with international law;
b. Torture or inhuman treatment, including biological d. Intentionally directing attacks against personnel,
experiments; installations, material, units or vehicles involved
c. Willfully causing great suffering, or serious injury in a humanitarian assistance or peacekeeping
to body or health; mission in accordance with the Charter of the
d. Extensive destruction and appropriation of United Nations, as long as they are entitled to the
property not justified by military necessity and protection given to civilians or civilian objects
carried out unlawfully and wantonly; under the international law of armed conflict;
e. Willfully depriving a prisoner of war or other e. Launching an attack with the knowledge that such
protected person of the rights of fair and regular attack will cause incidental loss of life or injury to
trial; civilians or damage to civilian objects or
f. Arbitrary deportation or forcible transfer of widespread, long-term and severe damage to the
population or unlawful confinement; natural environment which would be excessive in
g. Taking of hostages; relation to the concrete and direct military
h. Compelling a prisoner of war or other protected advantage anticipated;
person to serve in the forces of a hostile power; f. Launching an attack against works or installations
and will cause excessive loss of life, injury to civilians
i. Unjustifiable delay in the repatriation of prisoners or damage to civilian objects, and causing death
of war or other protected persons. or serious injury to body or health;
g. Attacking or bombarding, by whatever means,
2. In case of a non-international armed conflict, serious towns, villages, dwellings or buildings which are
violations of common Article 3 to the four (4) Geneva undefended and which are not military
Conventions of August 12, 1949, namely, any of the objectives, or making non-defended localities or
following acts committed against persons taking no demilitarized zones the object of attack;
active part in the hostilities, including members of the h. Killing or wounding a person in the knowledge
armed forces who have laid down their arms and that he/she is hors de combat, including a
those placed hors de combat by sickness, wounds, combatant who, having laid down his/her arms or
detention or any other cause: no longer having means of defense, has
a. Violence to life and person, in particular, willful surrendered at discretion;
killings, mutilation, cruel treatment and torture; i. Making improper use of a flag of truce, of the flag
b. Committing outrages upon personal dignity, in or the military insignia and uniform of the enemy
particular, humiliating and degrading treatment; or of the United Nations, as well as of the
c. Taking of hostages; and distinctive emblems of the Geneva Conventions
d. The passing of sentences and the carrying out of or other protective signs under International
executions without previous judgment pronounced Humanitarian Law, resulting in death, serious
by a regularly constituted court, affording all personal injury or capture;
judicial guarantees which are generally j. Intentionally directing attacks against buildings
recognized as indispensable. dedicated to religion, education, art, science or
charitable purposes, historic monuments,
hospitals and places where the sick and
wounded are collected, provided they are not
military objectives. In case of doubt whether such w. In an international armed conflict, declaring
building or place has been used to make an abolished, suspended or inadmissible In a court
effective contribution to military action, it shall be of law the rights and actions of the nationals of
presumed not to be so used; the hostile party;
k. Subjecting persons who are in the power of an x. Committing any of the following acts:
adverse party to physical mutilation or to medical or i. Conscripting, enlisting or recruiting children
scientific experiments of any kind, or to removal of under the age of fifteen (15) years into the
tissue or organs for transplantation, which are national armed forces;
neither' justified by the medical, dental or hospital ii. Conscripting, enlisting or recruiting children
treatment of the person concerned nor carried out in under the age of eighteen (18) years into an
his/her interest, and which cause death to or armed force or group other than the national
seriously endanger the health of such person or armed forces; and
persons; iii. Using children under the age of eighteen (18)
l. Killing, wounding or capturing an adversary by years to participate actively m hostilities; and
resort to perfidy;
m. Declaring that no quarter will be given; y. Employing means of warfare which are prohibited
n. Destroying or seizing the enemy's property unless under international law, such as:
such destruction or seizure is imperatively i. Poison or poisoned weapons;
demanded by the necessities of war; ii. Asphyxiating, poisonous or other gases, and all
o. Pillaging a town or place, even when taken by analogous liquids, materials or devices;
assault; iii. Bullets which expand or flatten easily in the
p. Ordering the displacement of the civilian human body, such as bullets with hard envelopes
population for reasons related to the conflict, which do not entirely cover the core or are
unless the security of the civilians involved or pierced with incisions; and
imperative military reasons so demand; iv. Weapons, projectiles and material and methods
q. Transferring, directly or indirectly, by the of warfare which are of the nature to cause
occupying power of parts of its own civilian superfluous injury or unnecessary suffering or
population into the territory it occupies, or the which are inherently indiscriminate in violation of
deportation or transfer of all or parts of the the international law of armed conflict.
population of the occupied territory within or
outside this territory; B. Genocide (Section 4):
r. Committing outrages upon personal dignity, in 1. Any of the following acts with intent to destroy, in
particular, humiliating and degrading treatment; whole or in part, a national, ethnic, racial, religious,
s. Committing rape, sexual slavery, enforced social or any other similar stable and permanent
prostitution, forced pregnancy, enforced group as such:
sterilization, or any other form of sexual violence a. Killing members of the group;
also constituting a grave breach of the Geneva b. Causing serious bodily or mental harm to
Conventions or a serious violation of common members of the group;
Article 3 to the Geneva Conventions; c. Deliberately inflicting on the group conditions of
t. Utilizing the presence of a civilian or other life calculated to bring about its physical
protected person to render certain points, areas destruction in whole or in part;
or military forces immune from military d. Imposing measures intended to prevent births
operations; within he group; and
u. Intentionally using starvation of civilians as a e. Forcibly transferring children of the group to
method of warfare by depriving them of objects another group.
indispensable to their survival, including willfully 2. Genocide is likewise committed when a person
impeding rebel supplies as provided for under directly and publicly incites others to commit
the Geneva Conventions and their Additional genocide.
Protocols;
v. In an international armed conflict, compelling the C. Other Crimes against Humanity (Section 6) means
nationals of the hostile party to take part m the any of the following acts when committed as part of a
operations of war directed against their own widespread or systematic attack directed against any
country, even If they were in the belligerent's civilian population, with knowledge of the attack:
service before the commencement of the war; 1. Willful Killing;
1. Sexual intercourse or lascivious act including, but not 3. The work taken as a whole imbued within its context,
limited to, contact involving genital to genital, oral to manner or presentation, intention and culture,
genital, anal to genital or oral to anal, whether between lascivious, literary, artistic, political and scientific value.
persons of the same or opposite sex;
2. Bestiality; Acts Punishable (Section 4): (CHEW-P5 FEK)
3. Masturbation; 1. To conspire to commit any of the prohibited acts stated
4. Sadistic or masochistic abuse; in this section. Conspiracy to commit any form of child
5. Exhibition of the genitals, buttocks, breast, pubic area pornography shall be committed when two (2) or more
and/or anus; or persons come to an agreement concerning the
6. Use of any object or instrument for lascivious acts. commission of any of the said prohibited acts and
decide to commit it;
Internet Address 2. To hire, employ, use, persuade, induce or coerce a
It pertains to a website, bulletin board service, internet child to perform in the creation or production of any form
chat room or news group, or any other internet or shared of child pornography;
network protocol address. 3. To engage in the luring or grooming of a child;
4. To willfully access any form of child pornography;
Internet Caf or Kiosk 5. To produce, direct, manufacture or create any form of
It refers to an establishment that offers or proposes to child pornography;
offer services to the public for the use of its computer/s or 6. To publish offer, transmit, sell, distribute, broadcast,
computer system for the purpose of accessing the advertise, promote, export or import any form of child
Internet, computer games or related services. pornography;
7. To possess any form of child pornography with the
Internet Content Host intent to sell, distribute, publish, or broadcast: Provided.
It refers to a person who hosts or who proposes to host Note: Possession of three (3) or more articles of child
Internet content in the Philippines. pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
Internet Service Provider (ISP) broadcast;
It refers to a person or entity that supplies, or proposes to 8. For a parent, legal guardian or person having custody
supply, an Internet carriage service to the public. or control of a child to knowingly permit the child to
engage, participate or assist in any form of child
pornography;
Luring 9. To possess any form of child pornography.
It means the act of communicating, by means of a For film distributors, theaters and telecommunication
computer system, with a child or someone who the companies, by themselves or in cooperation with other
offender believes to be a child for the purpose of entities, to distribute any form of child pornography;
facilitating the commission of a sexual activity or 10. To engage in pandering of any form of child
production of child pornography. pornography;
11. To knowingly, willfully and intentionally provide a
Grooming venue for the commission of prohibited acts as, but not
It refers to the act of preparing a child or someone who limited to, dens, private rooms, cubicles, cinemas,
the offender believes to be a child for a sexual activity or houses or in establishments purporting to be a
sexual relationship by communicating child pornography. legitimate business;
It includes online enticement, or enticement through any
other means. Syndicated Child Pornography (Section 5)
If carried out by a group of three (3) or more persons
Primarily sexual purposes conspiring or confederating with one another.
It refers to purposes which will fulfill all the following
conditions: Who May File a Complaint (Section 6): (O-PABLO-
1. The average person applying contemporary community PALO)
standards would find the work taken as a whole 1. Offended party
appealing to prurient interest and satisfying only the 2. Parents or guardians
market for gratuitous sex and violence; 3. Ascendant or collateral relative within the third degree
2. The work depicts or describes sexual conduct in a of consanguinity
patently offensive way; and 4. Barangay chairman
5. Local social welfare development officer defined above and any individual who has suffered harm
6. Officer, social worker or representative of a licensed as a result of any act(s) of torture, or other cruel, inhuman
child-caring institution and degrading treatment or punishment.
7. Any person who has personal knowledge of the
circumstances of the commission of any offense under Order of Battle
this Act It is any document or determination made by the military,
8. At least 3 concerned responsible citizens residing in the police or any law enforcement agency of the government,
place where the violation occurred listing the names of persons and organizations that it
9. Any law enforcement officer perceives to be enemies of the State and that it considers
10. Officer or social worker of the DSWD as legitimate targets as combatants that it could deal with,
through the use of means allowed by domestic and
international law.
REPUBLIC ACT. NO. 9745
ANTI-TORTURE ACT OF 2009 Acts Punishable
A. Acts of Torture, which shall include, but not limited to
the following (Section 4):
An Act Penalizing Torture and Other Cruel, Inhuman 1. Physical torture is a form of treatment or
and Degrading Treatment or Punishment and punishment inflicted by a person in authority or
Prescribing Penalties Therefor agent of a person in authority upon another in
Approved: November 10, 2009 his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more
Definition of Terms (Section 3) parts of the body, such as:
Torture a. Systematic beating, head banging, punching,
It is an act by which severe pain or suffering, whether kicking, striking with truncheon or rifle butt or
physical or mental, is intentionally inflicted on a person for other similar objects, and jumping on the
such purposes as obtaining from him/her or a third person stomach;
information or a confession; punishing him/her for an act b. Food deprivation or forcible feeding with spoiled
he/she or a third person has committed or is suspected of food, animal or human excreta and other stuff or
having committed; or intimidating or coercing him/her or a substances not normally eaten;
third person; or for any reason based on discrimination of c. Electric shock;
any kind, when such pain or suffering is inflicted by or at d. Cigarette burning; burning by electrically heated
the instigation of or with the consent or acquiescence of a rods, hot oil, acid; by the rubbing of pepper or
person in authority or agent of a person in authority. It other chemical substances on mucous
does not include pain or Buffering arising only from, membranes, or acids or spices directly on the
inherent in or incidental to lawful sanctions. wound(s);
e. The submersion of the head in water or water
Other cruel, inhuman and degrading treatment or polluted with excrement, urine, vomit, and/or
punishment blood until the brink of suffocation;
It refers to a deliberate and aggravated treatment or f. Being tied or forced to assume fixed and stressful
punishment not enumerated under Section 4 of his Act, bodily position;
inflicted by a person in authority or agent of a person in g. Rape and sexual abuse, including the insertion
authority against a person under his/her custody, which of foreign objects into the sex organ or rectum,
attains a level of severity causing suffering, gross or electrical torture of the genitals;
humiliation or debasement to the latter. h. Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.;
Note: The assessment of the level of severity shall i. Dental torture or the forced extraction of the
depend on all the circumstances of the case, including the teeth;
duration of the treatment or punishment, its physical and j. Pulling out of fingernails;
mental effects and, in some cases, the sex, religion, age k. Harmful exposure to the elements such as
and state of health of the victim. sunlight and extreme cold;
l. The use of plastic bag and other materials placed
Victim over the head to the point of asphyxiation;
It refers to the person subjected to torture or other cruel, m. The use of psychoactive drugs to change the
inhuman and degrading treatment or punishment as perception, memory. alertness or will of a
person, such as: (PNP), the Armed Forces of the Philippines (AFP) and
i. The administration of drugs to induce confession other law enforcement agencies concerned shall make an
and/or reduce mental competency; or updated list of all detention centers and facilities under
ii. The use of drugs to induce extreme pain or their respective jurisdictions with the corresponding data
certain symptoms of a disease; and on the prisoners or detainees incarcerated or detained
n. Other analogous acts of physical torture; and therein such as, among others, names, date of arrest and
incarceration, and the crime or offense committed.
1. Mental or Psychological Torture refers to acts
committed by a person in authority or agent of a Note: The list of detainees and detention facilities shall be
person in authority which are calculated to affect or available to the public at all times and submitted to the
confuse the mind and/or undermine a persons CHR.
dignity and morale, such as:
a. Blindfolding; Non-applicability of Exclusionary Rule (Section 8)
b. Threatening a person(s) or his/her relative(s) Any confession, admission or statement obtained as a
with bodily harm, execution or other wrongful result of torture shall be inadmissible in evidence in any
acts; proceedings, except if the same is used as evidence
c. Confinement in solitary cells or secret detention against a person or persons accused of committing
places; torture.
d. Prolonged interrogation;
e. Preparing a prisoner for a show trial, public Torture as a Separate and Independent Crime (Section
display or public humiliation of a detainee or 15)
prisoner; Torture as a crime shall not absorb or shall not be
f. Causing unscheduled transfer of a person absorbed by any other crime or felony committed as a
deprived of liberty from one place to another, consequence, or as a means in the conduct or
creating the belief that he/she shall be commission thereof. In which case, torture shall be treated
summarily executed; as a separate and independent criminal act whose
g. Maltreating a member/s of a persons family; penalties shall be imposable without prejudice to any
h. Causing the torture sessions to be witnessed by other criminal liability provided for by domestic and
the persons family, relatives or any third party; international laws.
i. Denial of sleep/rest;
j. Shame infliction such as stripping the person
naked, parading him/her in public places,
shaving the victims head or putting marks on REPUBLIC ACT NO. 9995
his/her body against his/her will; ANTI- PHOTO AND VIDEO VOYEURISM
k. Deliberately prohibiting the victim to ACT OF 2009
communicate with any member of his/her
family; and
l. Other analogous acts of mental/psychological An Act Defining and Penalizing the Crime of Photo
torture. and Video Voyeurism, Prescribing Penalties Therefor,
and for Other Purposes
Note: (Section 6) Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall Approved: February 15, 2010
apply to all circumstances. A state of war or a threat of
war, internal political instability, or any other public Definition of Terms (Section 3)
emergency, or a document or any determination
comprising an order of battle shall not and can never be Broadcast
invoked as a justification for torture and other cruel, It is to make public, by any means, a visual image with the
inhuman and degrading treatment or punishment. intent that it be viewed by a person or persons.
Capture
Prohibited detention (Section 7) With respect to an image, means to videotape,
Secret detention places, solitary confinement, photograph, film, record by any means, or broadcast.
incommunicado or other similar forms of detention, where
torture may be carried out with impunity are hereby Female breast
prohibited. In which case, the Philippine National Police It is any portion of the female breast.
3. When two or more bidders enter into an agreement 2. provide an opportunity for the reformation of a
which call upon one to refrain from bidding for penitent offender; and
Procurement contracts, or which call for withdrawal 3. prevent the commission of offenses.
of bids already submitted, or which are otherwise
intended to secure as undue advantage to any one Definition of Terms (Section 3):
of them;
4. When a bidder, by himself or in connivance with Probation
others, employ schemes which tend to restrain the It is a disposition under which a defendant, after
natural rivalry of the parties or operates to stifle or conviction and sentence, is released subject to conditions
suppress competition and thus produce a result imposed by the court and to the supervision of a probation
disadvantageous to the public; officer.
5. Withdraw a Bid, after it shall have qualified as the
Lowest Calculated Bid/Highest Rated Bid, or to Probationer
accept and award, without just cause or for the It is a person placed on probation.
purpose of forcing the Procuring Entity to award the
contract to another bidder. This shall include the Probation Officer
non-submission of requirements such as, but not He is one who investigates for the court a referral for
limited to, performance security, preparatory to the probation or supervises a probationer or both.
final award of the contract;
6. Participate in a public bidding using the name of Grant of Probation (Section 4):
another or allow another to use one's name for the
purpose of participating in a public bidding; Application
7. Submit eligibility requirements of whatever kind and An application for probation shall be filed with the trial
nature that contain false information or falsified court, with notice to the appellate court if an appeal has
documents calculated to influence the outcome of been taken from the sentence of conviction. The filing of
the eligibility screening process or conceal such the application shall be deemed:
information in the eligibility requirements when the 1. a waiver of the right to appeal, or
information will lead to a declaration of ineligibility 2. the automatic withdrawal of a pending appeal.
from participating in public bidding;
8. Submit Bidding Documents of whatever kind and Note: Probation may be granted whether the sentence
nature than contain false information or falsified imposes a term of imprisonment or fine only
documents or conceal such information in the
Bidding Documents, in order to influence the Order
outcome of the public bidding. The court may, after conviction and upon application of
the defendant:
Civil Liability in Case of Conviction (Section 67) 1. suspend the execution of the sentence; and
Without prejudice to administrative sanctions that may be 2. place the defendant on probation upon such period and
imposed in proper cases, a conviction under this Act or terms as it may deem best.
RA 3019 shall carry with it civil liability, which may either
consist of restitution for the damage done or the forfeiture Note: An order granting or denying probation shall not be
in favor of the government of any unwarranted benefit appealable.
derived from the act or acts in question or both, at the
discretion of the courts. Criteria for Placing an Offender on Probation (Section
8):
1. the offender is in need of correctional treatment that liberty or incompatible with his freedom of
can be provided most effectively by his commitment to conscience.
an institution;
2. there is undue risk that during the period of probation Period (Section 14)
the offender will commit another crime; or If the sentence imposes:
3. probation will depreciate the seriousness of the offense 1. imprisonment of not more than one year- period shall
committed. not exceed two years
2. imprisonment of more than one year- period shall not
Disqualified Offenders (Section 9): (SS- SPF) exceed six years.
1. those sentenced to serve a maximum term of 3. Fine only and the offender is made to serve subsidiary
imprisonment of more than six years; imprisonment- period shall not be less than nor to be
2. those convicted of any offense against the security of more than twice the total number of days of subsidiary
the State; imprisonment
3. those who are already serving sentence at the time the
substantive provisions of this Decree became Arrest of Probationer (Section 15)
applicable. If the probationer violated any of the conditions of
probation:
4. those who have been once on probation; 1. the court shall issue a warrant of arrest
5. those who have previously been convicted by final 2. he shall be brought before the court for informal and
judgment of an offense punished by imprisonment of summary hearing
not less than one month and one day and/or a fine of 3. the court may grant bail; and
not less than P200; 4. the court may revoke or continue his probation or
modify the conditions.
Conditions (Section 10)
Termination of Probation (Section 16)
1. Mandatory Conditions: After the period of probation and upon consideration of
The probationer shall: the report and recommendation of the probation officer,
a. Present himself to the probation officer within 72 the court may order the final discharge of the probationer
hours from receipt of probation order. upon finding that he has fulfilled the terms and conditions
b. Report himself to the probation officer at least once a of his probation
month during the period of probation.
depth, breadth, length or dimension, and all other waters Acts Punishable and Their Penalties
belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves, PUNISHABLE ACTS PENALTIES
and other submarine areas over which the Philippines has
Piracy reclusion temporal in its
sovereignty or jurisdiction.
medium and maximum
periods
Vessel
Piracy with rape, mandatory penalty of
It is any vessel or watercraft used for transport of
murder or homicide death
passengers and cargo from one place to another through
Philippine Waters. It shall include all kinds and types of
Piracy and the
vessels or boats used in fishing.
offenders:
1. abandoned the
Philippine Highway
victims without means
It refers to any road, street, passage, highway and bridges
of saving themselves
or other parts thereof, or railway or railroad within the
seized the vessel by
Philippines used by persons, or vehicles, or locomotives
firing upon or boarding
or trains for the movement or circulation of persons or
it
transportation of goods, articles, or property or both.
Highway reclusion temporal in its
Piracy
Robbery/Brigandage minimum period
It is ny attack upon or seizure of any vessel, or the taking
away of the whole or part thereof or its cargo, equipment, Highway reclusion temporal in its
or the personal belongings of its complement or Robbery/Brigandage medium and maximum
passengers, irrespective of the value thereof, by means of with physical injuries or periods
violence against or intimidation of persons or force upon other crimes
things, committed by any person, including a passenger or Highway death penalty
member of the complement of said vessel, in Philippine Robbery/Brigandage
waters. with kidnapping for
ransom or extortion, or
Pirates murder or homicide, or
It refers to the offenders rape
of not less than twenty thousand (20,000) pesos but not other person or persons; or to communicate the
more than forty thousand (40,000) pesos. contents thereof, either verbally or in writing, or to
furnish transcriptions thereof, whether complete or
Note: An aircraft is in flight from the moment all its partial, to any other person: Provided, That the use of
external doors are closed following embarkation until such record or any copies thereof as evidence in
any of such doors is opened for disembarkation (id.) any civil, criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be covered
2. It shall be unlawful for any person to commit any of the by this prohibition (Sec.1 par.2).
acts mentioned in no. (1) under any of the following
circumstances (Section 2): Exception: Nothing contained in this Act, however, shall
a. whenever he has fired upon the pilot, member of the render it unlawful or punishable for any peace officer, who
crew or passenger of the aircraft; is authorized by a written order of the Court, to execute
b. whenever he has exploded or attempted to explode any of the acts declared to be unlawful in the two
any bomb or explosive to destroy the aircraft; preceding sections in cases involving the crimes of:
c. Whenever the crime is accompanied by murder, 1. treason,
homicide, serious physical injuries or rape. 2. espionage,
3. provoking war and disloyalty in case of war,
Penalty: Imprisonment of fifteen years to death, or a 4. piracy,
fine of not less than twenty-five thousand pesos but 5. mutiny in the high seas,
not more than fifty thousand pesos 6. rebellion,
7. conspiracy and proposal to commit rebellion,
3. It shall be unlawful for any person, natural or juridical, to 8. inciting to rebellion, sedition,
ship, load or carry in any passenger aircraft operating as a 9. conspiracy to commit sedition,
public utility within the Philippines, and explosive, 10. inciting to sedition,
flammable, corrosive or poisonous substance or material 11. kidnapping as defined by the Revised Penal Code,
(Section 3). and
12. violations of Commonwealth Act No. 616, punishing
Penalty: Imprisonment of at least five years but not more espionage and other offenses against national
than ten years or by a fine of not less than ten thousand security (Sec.3 par.1)
pesos but not more than twenty thousand pesos.
The written order shall only be issued or granted:
(Sec. 3 par.1)
REPUBLIC ACT NO. 4200 1. upon written application and the examination under
ANTI-WIRETAPPING LAW oath or affirmation of the applicant and the witnesses
he may produce,
Approved: Jun 19, 1965 2. that there are reasonable grounds to believe that any of
the crimes enumerated hereinabove has been
Acts Punishable committed or is being committed or is about to be
It shall be unlawful for any person: committed,
1. not being authorized by all the parties to any private Provided, however, That in cases involving the
communication or spoken word, to tap any wire or offenses of rebellion, conspiracy and proposal to
cable, or by using any other device or arrangement, to commit rebellion, inciting to rebellion, sedition,
secretly overhear, intercept, or record such conspiracy to commit sedition, and inciting to sedition,
communication or spoken word by using a device such authority shall be granted only upon prior proof
commonly known as a dictaphone or dictagraph or that a rebellion or acts of sedition, as the case may be,
dictaphone or walkie-talkie or tape recorder, or have actually been or are being committed;
however otherwise described (Sec. 1 par.1); 3. that there are reasonable grounds to believe that
2. be he a participant or not in the act or acts penalized in evidence will be obtained essential to the conviction of
the next preceding sentence, to knowingly possess any person for, or to the solution of, or to the
any tape record, wire record, disc record, or any prevention of, any of such crimes; and
other such record, or copies thereof, of any 4. that there are no other means readily available for
communication or spoken word secured either before obtaining such evidence.
or after the effective date of this Act in the manner
prohibited by this law; or to replay the same for any
The written order of the Court shall specify: (Sec.3 not less than but not more than double the amount of the
par.2) check which fine shall in no case exceed Two Hundred
1.the identity of the person or persons whose Thousand Pesos, or both such fine and imprisonment at
communications, conversations, discussions, or spoken the discretion of the court.
words are to be overheard, intercepted, or recorded
and, in the case of telegraphic or telephonic Note: Under Administrative Circular 12-2000 issued on
communications, the telegraph line or the telephone 21 November 2000, the Supreme Court (Second
number involved and its location; Division), in its decision in Eduardo Vaca v. Court of
2.the identity of the peace officer authorized to overhear, Appeals (G.R. No. 131714, 16 November 1998; 298
intercept, or record the communications, conversations, SCRA 656, 664), per Mr. Justice V. Mendoza, modified
discussions, or spoken words; the sentence imposed for violation of B.P. Blg. 22 by
3. the offense or offenses committed or sought to be deleting the penalty of imprisonment and imposing only
prevented; and the penalty of fine in an amount double the amount of the
4. the period of the authorization. check.
Note: The authorization shall be effective for the period Administrative Circular No. 13-2001 further clarified
specified in the order which shall not exceed sixty (60) that:
days from the date of issuance of the order, unless 1.Administrative Circular 12-2000 does not remove
extended or renewed by the court upon being satisfied imprisonment as an alternative penalty for violations
that such extension or renewal is in the public interest. of B.P. Blg. 22;
2. The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
BATAS PAMBANSA BLG. 22 circumstances of each case, determine whether the
BOUNCING CHECKS LAW imposition of a fine alone would best serve the interests
of justice or whether forbearing to impose imprisonment
would depreciate the seriousness of the offense, work
Approved: April 3. 1979 violence on the social order, or otherwise be contrary to
the imperatives of justice
Acts Punishable 3. Should only a fine be imposed and the accused be
1. Any person who makes or draws and issues any check unable to pay the fine, there is no legal obstacle to the
to apply on account or for value, knowing at the time of application of the Revised Penal Code provisions on
issue that he does not have sufficient funds in or credit subsidiary imprisonment.
with the drawee bank for the payment of such check in
full upon its presentment, which check is subsequently Prima Facie Evidence of Knowledge of Insufficient
dishonored by the drawee bank for insufficiency of Funds:
funds or credit or would have been dishonored for the The making, drawing and issuance of a check payment of
same reason had not the drawer, without any valid which is refused by the drawee because of insufficient
reason, ordered the bank to stop payment (Sec. 1 par. funds in or credit with such bank, when presented within
1). ninety (90) days from the date of the check, shall be prima
2. any person who, having sufficient funds in or credit with facie evidence of knowledge of such insufficiency of funds
the drawee bank when he makes or draws and issues a or credit
check, shall fail to keep sufficient funds or to maintain a
credit to cover the full amount of the check if presented Exceptions:
within a period of ninety (90) days from the date 1. When the maker or drawer pays the holder thereof the
appearing thereon, for which reason it is dishonored by amount due thereon, or
the drawee bank (Sec. 1 par. 2). 2. makes arrangements for payment in full by the drawee
of such check within (5) banking days after receiving
Note: Where the check is drawn by a corporation, notice that such check has not been paid by the drawee.
company or entity, the person or persons who actually
signed the check in behalf of such drawer shall be liable
under this Act (Sec. 1 par. 3).
PROCEDURE Procedure for Taking the Child into Custody (Sec. 21)
From the moment a child is taken into custody, the law
Determination of Age enforcement officer shall:
1. Explain to the child in simple language and in a dialect
that he/she can understand why he/she is being
placed under custody and the offense that he/she
If 15-18 year old
allegedly committed;
If 15-18 year old
w/o discernment
If below 15
2. Inform the child of the reason for such custody and
with discernment
advise the child of his/her constitutional rights in a
language or dialect understood by him/her;
3. Properly identify himself/herself and present proper
identification to the child;
Subjected to Subjected to
intervention diversion Subjected to 4. Refrain from using vulgar or profane words and
program program intervention from sexually harassing or abusing, or making sexual
program
advances on the child in conflict with the law;
5. Avoid displaying or using any firearm, weapon,
Step 1: Determination of Age (sec. 7) handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other
Presumption: The child in conflict with the law shall enjoy methods of control have been exhausted and have
the presumption of minority. failed;
6. Refrain from subjecting the child in conflict with the
Construction: In case of doubt as to the age of the child, law to greater restraint than is necessary.
it shall be resolved in his/her favor. 7. Avoid violence or unnecessary force;
Evidence of age: 8. Determine the age of the child.
1. Documents: 9. Immediately but not later than eight (8) hours after
a. childs birth certificate, apprehension, turn over custody of the child to the
b. Baptismal certificate Social Welfare and Development Office or other
c. Any other pertinent documents. accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall explain
2. In the absence of the above documents, information to the child and the child's parents/guardians the
from: (cta) consequences of the child's act with a view towards
a. the child himself/herself, counseling and rehabilitation, diversion from the
b. testimonies of other persons, criminal justice system, and reparation, if appropriate;
c. the physical appearance of the child and other 10. Take the child immediately to the proper medical
relevant evidence. and health officer for a thorough physical and mental
examination. The examination results shall be kept
Step 2: Ascertainment of Criminal Liability based on confidential unless otherwise ordered by the Family
Age and Discernment Court.
1. Child 15 years of age or under at the time of the 11. Ensure that should detention of the child in conflict
commission of the offense- shall be exempt from with the law be necessary, the child shall be secured in
criminal liability. However, the child shall be quarters separate from that of the opposite sex and
subjected to an intervention program. adult offenders;
2. If the child is 15 years of age or below - the authority 12. Record the following in the initial investigation:
has the duty to release the child to the custody of: a.Whether handcuffs or other instruments of restraint
a. his/her parents or guardian or in the absence were used, and if so, the reason for such;
thereof, the childs nearest relative; b. That the parents or guardian of a child, the DSWD,
b. duly registered nongovernmental or religious and the PA0 have been informed of the apprehension
organization, a barangay official or a member of and the details thereof; and
the Barangay Council for the Protection of Children c.The exhaustion of measures to determine the age of a
(BCPC), a local social welfare and development child and the precise details of the physical and
officer upon refusal of the above-mentioned; or medical examination or the failure to submit a child to
c. when and where appropriate, the DSWD. such examination; and
13. Ensure that all statements signed by the child
during investigation shall be witnessed by the
Note: A child in conflict with the law shall only be Child under 18 years of age at the time of commission of
searched by a law enforcement officer of the same gender the offense, if found guilty of the offense charged, civil
and shall not be locked up in a detention cell. liability shall be determined and ascertained. However,
instead of pronouncing the judgment of conviction, the
Child above 15 years but below 18 years of age who court shall place the child in conflict with the law
acted WITHOUT discernment-exempt from criminal under suspended sentence, without need of application.
liability and be subjected to an intervention program. Suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at
Child above 15 years but below 18 years of age who the time of the pronouncement of his/her guilt (Section
acted WITH discernment- subjected to the appropriate 38).
proceedings in accordance with this Act.
Step 3: Discharge of the Child in Conflict with the Law
Discernment (SEC. 39)Upon the recommendation of the social worker
It is the mental capacity to understand the difference who has custody of the child, the court shall dismiss the
between right and wrong and its consequences. case against the child whose sentence has been
suspended and against whom disposition measures have
SEC. 23. System of Diversion. - Children in conflict with been issued, and shall order the final discharge of the
the law shall undergo diversion programs without child if it finds that the objective of the disposition
undergoing court proceedings subject to the conditions measures have been fulfilled.
herein provided:
1. Where the imposable penalty for the crime committee is The discharge of the child in conflict with the law shall
not more than six (6) years imprisonment, the law not affect the civil liability resulting from the commission
enforcement officer or Punong Barangay with the of the offense, which shall be enforced in accordance with
assistance of the local social welfare and development law.
officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, Return of the Child in Conflict with the Law to Court
where appropriate, adopt indigenous modes of conflict (Sec. 40)
resolution in accordance with the best interest of the If the court finds that the objective of the disposition
child with a view to accomplishing the objectives of measures imposed upon the child in conflict with the law
restorative justice and the formulation of a diversion have not been fulfilled, or if the child in conflict with the
program. The child and his/her family shall be present in law has willfully failed to comply with the conditions of
these activities. his/her disposition or rehabilitation program, the child
2. In victimless crimes where the imposable penalty is not in conflict with the law shall be brought before the court
more than six (6) years imprisonment, the local social for execution of judgment.
welfare and development officer shall meet with the If said child in conflict with the law has reached eighteen
child and his/her parents or guardians for the (18) years of age while under suspended sentence, the
development of the appropriate diversion and court shall determine whether to discharge the child in
rehabilitation program, in coordination with the BCPC; accordance with this Act, to order execution of sentence,
3. Where the imposable penalty for the crime committed or to extend the suspended sentence for a certain
exceeds six (6) years imprisonment, diversion specified period or until the child reaches the maximum
measures may be resorted to only by the court. age of twenty-one (21) years.