Batas Pambansa Bilang 22.

thereto, with the reason therefor as aforesaid, shall be prima

THE ANTI-BOUNCING CHECK LAW. BATAS PAMBANSA BLG.
facie evidence of the making or issuance of said check, and
22
the due presentment to the drawee for payment and the
AN ACT PENALIZING THE MAKING OR DRAWING AND dishonor thereof, and that the same was properly dishonored
ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR for the reason written, stamped or attached by the drawee
CREDIT AND FOR OTHER PURPOSES. on such dishonored check.

Section 1. Checks without sufficient funds. - Any person who

Notwithstanding receipt of an order to stop payment, the
makes or draws and issues any check to apply on account or
drawee shall state in the notice that there were no sufficient
for value, knowing at the time of issue that he does not have
funds in or credit with such bank for the payment in full of
sufficient funds in or credit with the drawee bank for the
such check, if such be the fact.
payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for
Sec. 4. Credit construed. - The word "credit" as used herein
insufficiency of funds or credit or would have been
shall be construed to mean an arrangement or understanding
dishonored for the same reason had not the drawer, without
with the bank for the payment of such check.
any valid reason, ordered the bank to stop payment, shall be
punished by imprisonment of not less than thirty days but not
Sec. 5. Liability under the Revised Penal Code. - Prosecution
more than one (1) year or by a fine of not less than but not
under this Act shall be without prejudice to any liability for
more than double the amount of the check which fine shall in
violation of any provision of theRevised Penal Code.
no case exceed Two Hundred Thousand Pesos, or both such
Sec. 6. Separability clause. - If any separable provision of this
fine and imprisonment at the discretion of the court.
Act be declared unconstitutional, the remaining provisions
shall continue to be in force.
The same penalty shall be imposed upon any person who,
Sec. 7. Effectivity. - This Act shall take effect fifteen days after
having sufficient funds in or credit with the drawee bank
publication in the Official Gazette.
when he makes or draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to cover the full
Approved: April 3, 1979
amount of the check if presented within a period of ninety
(90) days from the date appearing thereon, for which reason
it is dishonored by the drawee bank. Batas Pambansa Bilang 179
AN ACT FURTHER AMENDING CERTAIN SECTIONS
OF REPUBLIC ACT NUMBERED SIXTY-FOUR HUNDRED AND
here the check is drawn by a corporation, company or entity, TWENTY-FIVE, OTHERWISE KNOWN AS THE DANGEROUS
the person or persons who actually signed the check in behalf DRUGS ACT OF 1972, APPROPRIATING FUNDS THEREFOR,
of such drawer shall be liable under this Act. AND FOR OTHER PURPOSES.

BATAS PAMBANSA BILANG 179

Sec. 2. Evidence of knowledge of insufficient funds. - The
making, drawing and issuance of a check payment of which is
AN ACT FURTHER AMENDING CERTAIN SECTIONS
refused by the drawee because of insufficient funds in or
OF REPUBLIC ACT NUMBERED SIXTY-FOUR HUNDRED AND
credit with such bank, when presented within ninety (90)
TWENTY-FIVE, OTHERWISE KNOWN AS THE DANGEROUS
days from the date of the check, shall be prima facie evidence
DRUGS ACT OF 1972, APPROPRIATING FUNDS THEREFOR,
of knowledge of such insufficiency of funds or credit unless
AND FOR OTHER PURPOSES.
such maker or drawer pays the holder thereof the amount
Section 1. Subparagraph (1) of paragraph (e) and paragraphs
due thereon, or makes arrangements for payment in full by
(i) and (1) of Section 2 of Republic Act Numbered Sixty-four
the drawee of such check within (5) banking days after
hundred and twenty-five, otherwise known as the Dangerous
receiving notice that such check has not been paid by the
Act of 1972, are hereby amended to read as follows:
drawee.
Sec. 3. Duty of drawee; rules of evidence. - It shall be the duty
"(1) "Prohibited drug," which includes opium and its active
of the drawee of any check, when refusing to pay the same to
components and derivatives, such as heroin and morphine;
the holder thereof upon presentment, to cause to be written,
coca leaf and its derivatives, principally cocaine; alpha and
printed, or stamped in plain language thereon, or attached
beta eucaine; hallucinogenic drugs, such as mescaline,
thereto, the reason for drawee's dishonor or refusal to pay
lysergic acid diethylamide (LSD) and other substances
the same: Provided, That where there are no sufficient funds
producing similar effects; Indian hemp and its derivatives; all
in or credit with such drawee bank, such fact shall always be
preparations made from any of the foregoing; and other
explicitly stated in the notice of dishonor or refusal. In all
drugs and chemical preparations, whether natural or
prosecutions under this Act, the introduction in evidence of
synthetic, with the physiological effects of a narcotic or a
any unpaid and dishonored check, having the drawee's
hallucinogenic drug; or"
refusal to pay stamped or written thereon or attached
1
"(i) "Indian hemp" otherwise known as 'Marijuana',
embraces every kind, class, genus or specie of the plant
cannabis sativa L., including cannabis americana, hashish,
bhang, guaza, churrus and ganjab, and embraces every kind,
class and character thereof, whether dried or fresh and
flowering, flowering or fruiting tops or any parts or portions
of the plant, seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in any form
whatsoever;"
"(l) "Opium" refers to the coagulated juice of the opium
poppy (papaver somniferum) and embraces every kind,
character and class of opium, whether crude or prepared; the
ashes or refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations
in which opium, morphine or any alkaloid of opium enters as
an ingredient; opium poppy; opium seeds; opium poppy
straw; and leaves or wrappings of opium leaves, whether
prepared for use or not;"
Sec. 2. Section 2 of the same Act is further amended by
adding a new paragraph thereto to read as follows:
"(q) "Opium poppy" means any part of the plant of the
species papaver somniferum L., including the seeds thereof."
Sec. 3. Section 8, Article II of the same Act is hereby
amended to read as follows:
"Sec. 8. Possession or Use of Prohibited Drugs. The
penalty of imprisonment ranging from twelve years and one
day to twenty years and a fine ranging from twelve thousand
to twenty thousand pesos shall be imposed upon any person
who, unless authorized by law, shall possess or use any
prohibited drug except Indian hemp in regard to which the
next following paragraph shall apply.
"The penalty of imprisonment ranging from six years and one
day to twelve years and a fine ranging from six thousand to
twelve thousand pesos shall be imposed upon any person
who, unless authorized by law, shall possess or use Indian
hemp."
Sec. 4. Section 9, Article II of the same Act is hereby
amended to read as follows:
"Sec. 9. Cultivation of Plants which are Sources of Prohibited
Drugs. The penalty of imprisonment ranging from fourteen
years and one day to life imprisonment and a fine ranging
from fourteen thousand to thirty thousand pesos shall be
imposed upon any person who shall plant, cultivate or culture
on any medium Indian hemp, opium poppy (papaver
somniferum) or any other plant which is or may hereafter be
classified as dangerous drug or from which any dangerous
drug may be manufactured or derived.
"The land or portions thereof and/or green-houses on which
any of said plants is cultivated or cultured shall be confiscated
2
and escheated to the State, unless the owner thereof can
prove that he did not know of such cultivation or culture
despite the exercise of due diligence on his part.
"If the land involved is part of the public domain, the
maximum of the penalties herein provided shall be imposed
upon the offender."
Sec. 5. Section 16, Article III of the same Act is hereby
amended to read as follows:
"Sec. 16. Possession or Use of Regulated Drugs. The
penalty of imprisonment ranging from six years and one day
to twelve years and a fine ranging from six thousand to
twelve thousand pesos shall be imposed upon any person
who shall possess or use any regulated drug without the
corresponding license or prescription."
Sec. 6. Section 20, Article IV of the same Act is hereby
amended to read as follows:
"Sec. 20. Confiscation and Forfeiture of the Proceeds of
Instruments of the Crime. Every penalty imposed for the
unlawful importation, sale, administration, delivery,
transportation or manufacture of dangerous drugs, the
cultivation of plants which are sources of dangerous drugs
and the possession of any opium pipe and other
paraphernalia for dangerous drugs shall carry with it the
confiscation and forfeiture, in favor of the Government, of all
the proceeds of the crime including but not limited to money
and other assets obtained thereby and the instruments or
tools with which it was committed, unless they are the
property of a third person not liable for the offense, but
those which are not of lawful commerce shall be ordered
destroyed without delay. Dangerous drugs and plant-sources
of such drugs as well as the proceeds or instruments of the
crime so confiscated and forfeited in favor of the
Government shall be turned over to the Board for proper
disposal without delay."
"Any apprehending or arresting officer who misappropriates
or misapplies or fails to account for seized or confiscated
dangerous drugs or plant-sources of dangerous drugs or
proceeds or instruments of the crime as herein defined shall
after conviction be sentenced to imprisonment ranging from
eight years and one day to twelve years and a fine ranging
from ten thousand to twenty thousand pesos in addition to
absolute perpetual disqualification."
Sec. 7. Section 24, Article IV of the same Act is hereby
amended to read as follows:
"Sec. 24. Penalties for Government Officials and Employees
and Officers and Members of Police Agencies and the Armed
Forces. The maximum penalties provided for in Sections 3,
4, 5, 6, 8, 9, 11 and 12 of Article II and Sections 14, 15, 16 and
19 of Article III shall be imposed if those found guilty of any of
the said offenses are government officials, employees or
officers including members of police agencies and the armed
forces, in addition to absolute perpetual disqualification."
Sec. 8. Article IV of the same Act is hereby amended by
adding a new section between Sections 24 and 25 to be
numbered as Section 21-A, which shall read as follows:
"Sec. 24-A. Laboratory examination/test on apprehended
users of dangerous drugs. Any person apprehended or
arrested for violating the provisions of this Act shall,
immediately upon his arrest/apprehension, be subjected to
laboratory examinations/test, if the apprehending/arresting
officer has reasonable ground to believe that the person
arrested/apprehended, on account of physical signs or
symptoms or other visible or outward manifestation, is under
the influence of dangerous drugs, and if found to be positive
of such drugs, the results of the laboratory examination/test
shall be prima facie evidence that such person has used
dangerous drugs. If found negative, the suspect shall
immediately be released, unless there be other evidence
indicative of such violation.
"For this purpose, the Dangerous Drugs Board shall establish,
operate and maintain drug testing centers in each province
and city in order to conduct the laboratory
examinations/tests herein provided and appoint such
technical and other personnel as may be necessary for the
effective implementation of this provision."
Sec. 9. Section 25, Article IV of the same Act is hereby
amended to read as follows:
"Sec. 25. Records Required of Pharmacists, Physicians,
Veterinarians or Dentists Dispensing or Prescribing Dangerous
Drugs, and of Importers, Manufacturers, Wholesalers,
Distributors, Dealers and Retailers of Dangerous Drugs.
"(a) Every pharmacist dealing in dangerous drugs shall
maintain and keep an original record of sales, purchases,
acquisitions and deliveries of dangerous drugs, indicating
therein the license number and address of the pharmacists;
the name, address and license of the manufacturer, importer
or wholesaler from whom dangerous drugs have been
purchased; the quantity and the name of the dangerous
drugs so purchased or acquired; the date of acquisition or
purchase; the name, address and class A residence certificate
number of the buyer; the serial number of the prescription
and the name of the doctor, dentist, veterinarian or
practitioner issuing the same; the quantity and name of the
dangerous drug so sold or delivered; and the date of sale or
delivery.
"A certified true copy of such record covering a period of six
calendar months, duly signed by the pharmacist or the owner
of the drug store or pharmacy, shall be forwarded to the
board within fifteen days following the last day of every June
3
and December of each year, copy furnished the city or
municipal health officer concerned.
"(b) A physician, dentist, veterinarian or practitioner
authorized to prescribe any dangerous drug shall issue the
prescription therefor in one original and two duplicate copies.
The original, after the prescription has been filled, shall be
retained by the pharmacist for a period of one year from the
date of sale or delivery of such drug. One copy shall be
retained by the buyer or by the person to whom the drug is
delivered until such drug is consumed, while the second copy
shall be retained by the person issuing the prescription.
"For purposes of this Act, all prescriptions issued by
physicians, dentists, veterinarians or practitioners shall be
made out on forms exclusively issued by and obtained from
the Board. Such forms shall be made of a special kind of
paper and shall be distributed in such quantities and contain
such information and other data as the Board may, by rules
and regulations, require. Such forms shall not be issued by
the Board or any of its employees except to licensed
physicians, dentists, veterinarians and practitioners in such
quantities as the Board may authorize. In such emergency
cases, however, as the Board may specify in the public
interest, prescriptions need not be accomplished on such
forms. The prescribing physician, dentist, veterinarian or
practitioner shall, within three days after issuing such
prescription, inform the Board of the same in writing. No
prescription once issued may be refilled.
"(c) All manufacturers, wholesalers, distributors, importers,
dealers and retailers of dangerous shall keep a record of all
sales, purchases, acquisitions and deliveries of dangerous
drugs, the names, addresses and licenses of the persons from
whom the dangerous drugs were purchased or acquired or to
whom the drugs were sold or delivered, the name and
quantity of the drugs and the date of the transaction."
Sec. 10. The second paragraph of Section 28, Article V of the
same Act is hereby repealed.
Sec. 11. Section 30, Article VI of the same Act is hereby
further amended to read as follows:
"Sec. 30. Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation by the
Dependent Himself or Through His Parent, Guardian or
Relative. If a drug dependent voluntarily submits himself
for confinement, treatment and rehabilitation in a center and
complies with such conditions therefor as the Board may by
rules and regulations prescribe, he shall not be criminally
liable for any violation of Section 8, Article II and Section 16,
Article III of this Act.
"The above exemption shall be extended to a minor who may
be committed for treatment and rehabilitation in a center
upon sworn petition of his parent, guardian or relative within
the fourth civil degree of consanguinity or affinity, or of the
Minister of Health or the Minister of Social Services and
Development, in that order. Such petition may be filed with
the regional trial court of the province or city where the
minor resides and shall set forth therein his name and
address and the facts relating to his dependency. The court
shall set the petition for hearing and give the drug dependent
concerned an opportunity to be heard. If, after such hearing,
the facts so warrant in its judgment, the court shall order the
drug dependent to be examined by two physicians accredited
by the Board. If both physicians conclude, after examination,
that the minor is not a drug dependent, the court shall enter
an order discharging him. If either physician finds him to be a
dependent, the court shall conduct a hearing and consider all
relevant evidence which may be offered. If the court makes a
finding of drug dependency, it shall issue an order for his
commitment to a center designated by the court for
treatment and rehabilitation under the supervision of the
Board.
"Upon certification of the center that he may be temporarily
discharged from the center, the court shall order his release
therefrom on condition that he shall report to the Board for
after-care and follow-up treatment for a period not
exceeding eighteen months under such terms and conditions
as may be imposed by the Board. If at any time during the
after-care and follow-up period the Board certifies to his
complete rehabilitation, the court shall enter an order of final
discharge. Should the Board find at any time during the after-
care and follow-up period that he requires further treatment
and rehabilitation in the center, it shall make a report to this
effect to the court which shall thereupon order his
recommitment to the center.
"Should the drug dependent having voluntarily submitted
himself for confinement, treatment and rehabilitation in, or
having been committed to a center upon petition of the
proper party, escape therefrom, he may resubmit himself for
confinement within one week from the date of his escape, or
his parent, guardian or relative may, within the same period,
surrender him for recommitment. If, however, the drug
dependent does not resubmit himself for confinement or he
is not surrendered for recommitment, as the case may be,
the Board may apply with the court for the issuance of a
recommitment order. Upon proof of previous commitment or
of his voluntary submission to confinement, treatment and
rehabilitation, the court shall issue an order for
recommitment. If, subsequent to such recommitment, he
should escape again, he shall no longer be exempt from
criminal liability for use or possession of any dangerous
drugs.
"The judicial and medical records pertaining to any drug
dependent's confinement or commitment under this Section
shall be confidential and shall not be used against him for any
purpose except to determine how many times he shall have
voluntarily submitted himself to confinement, treatment and
rehabilitation or been committed to a center."
Sec. 12. Section 32, Article VI of the same Act is hereby
further amended to read as follows:
4
"Sec. 31. Compulsory Submission of a Drug Dependent to
Treatment and Rehabilitation. If a person charged with an
offense is found by the fiscal or by the court, at any stage of
the proceedings, to be a drug dependent, the fiscal or the
court, as the case may be, shall suspend all further
proceedings and transmit copies of the record of the case to
the Board.
"In the event the Board determines, after medical
examination, that public interest requires that such drug
dependent be committed to a center for treatment and
rehabilitation, it shall file a petition for his commitment with
the regional trial court of the province or city were he is being
investigated or tried: Provided, That where a criminal case is
pending in court, such petition shall be filed in the said court.
The court shall take judicial notice of the prior proceedings in
the case and shall proceed to hear the petition. If the court
finds him to be a drug dependent, it shall order his
commitment to a center for treatment and rehabilitation. The
head of said center shall submit to the court every four
months, or as often as the court may require, a written report
on the progress of the treatment. If the dependent is
rehabilitated, as certified by the center and the Board, he
shall be returned to the court which committed him, for his
discharge therefrom.
"Thereafter, his prosecution for any offense punishable by
law shall be instituted or shall continue, as the case may be.
In case of conviction, the judgment shall, if the accused is
certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he shall be given full
credit for the period he was confined in the center: Provided,
however, That when the offense is for violation of Section 8
or Section 16 of this Act and the accused is not a recidivist,
the penalty thereof shall be deemed to have been served in
the center upon his release therefrom after certification by
the center and the Board that he is rehabilitated.
"The period of prescription of the offense charged shall not
run during the time that the respondent or the accused is
under detention or confinement in a center."
Sec. 13. Section 32, Article VI of the same Act is hereby
amended to read as follows:
"Sec. 32. Suspension of Sentence for First Offense of a Minor.
If an accused under eighteen years of age at the time of
the commission of the offense but not more than twenty-one
years at the time when judgment should have been
promulgated, who is found guilty of violating Section 8,
Article II and Section 16, Article III of this Act has not been
previously convicted of violating any provision of this Act or
of the Revised Penal Code or placed on probation as herein
provided, the court may defer sentence and place him on
probation under the supervision of the Board or its agents
and under such conditions as the court may impose for a
period ranging from six months to one year. If the accused
violates any of the conditions of his probation, the court shall
pronounce judgment of conviction and he shall serve
sentence as in any other criminal case. If, however, he does
not violate any condition of his probation, then upon the
expiration of the designated period, the court shall discharge
him and dismiss the proceedings.
"If the court finds that such accused is a drug dependent, it
shall commit him to a center for treatment and rehabilitation
under the supervision of the Board. Upon certification by the
center that he may be temporarily discharged from the
center, the court shall order his release therefrom on
condition that he shall report to the Board for after-care and
follow-up for a period not exceeding eighteen months under
such terms and conditions as may be imposed by the Board. If
at any time during the after-care and follow-up period the
Board certifies to his complete rehabilitation, the court shall
enter an order discharging him. Should the Board find at any
time during the after-care and follow-up that he requires
further treatment and rehabilitation in the center, it shall
make a report to this effect to the court which shall
thereupon order his recommitment to the center.
"A confidential record of the proceedings shall be kept by the
Ministry of Justice and shall not be used for any other
purpose than as a basis for determining whether or not a
person accused under the provisions of this Act is a first
offender.
"Upon completion of the period of after-care and follow-up,
the court shall enter an order to expunge all official records
(other than the confidential record to be retained by the
Ministry of Justice) relating to his case. Such an order, which
shall be kept confidential shall restore the accused to his
status prior to the case. He shall not be held thereafter, under
any provision of law, to be guilty of perjury or of concealment
or misrepresentation by reason of his failure to acknowledge
the case or recite any fact related thereto in response to any
inquiry made of him for any purpose.
"In the case of minors under sixteen years of age at the time
of the commission of any offense penalized under this Act,
the provisions of Article 80 of the Revised Penal Code shall
apply, without prejudice to the application of the provisions
of this Section.
"Should the parents or guardian refuse to cooperate with the
Board, or in any manner, prevent or delay the after-care and
follow-up of the child or ward, as the case may be, they may
be cited for contempt of court."
Sec. 14. Section 35, Article VIII of the same Act is hereby
further amended to read as follows:
"Sec. 35. Creation and Composition of the Board. There is
hereby created a Dangerous Drugs Board which shall be
composed of seven ex officio members, as follows:
(a) the Minister of Health or his representative;
(b) the Minister of Justice or his representative;
(c) the Minister of National Defense or his representative;
5
(d) the Minister of Education and Culture or his
representative;
(e) the Minister of Finance or his representative;
(f) the Minister of Social Services and Development or his
representative;
(g) the Minister of Local Government or his representative.
"The Minister of Health shall be the Chairman of the Board.
"The Director of the National Bureau of Investigation shall be
the permanent consultant of the Board.
"The Chairman and all members of the Board and the
Director of the National Bureau of Investigation shall receive
a per diem of two hundred fifty pesos and the Board
secretary a per diem of one hundred fifty pesos for their
attendance at every meeting of the Board: Provided, That
where the representative of an ex-officio member or the
Director of the National Bureau of Investigation attends a
meeting in behalf of the latter, such representative shall be
entitled to receive the per diem.
"The Board shall meet at the call of the chairman or of any
two other members. The presence of four members shall
constitute a quorum. In the absence of the chairman, a
temporary presiding officer may be designated by the
majority of the quorum.
"The Board may constitute an executive committee, to be
composed of any three members or their representatives or
of any three ranking personnel of the Board, which shall have
the duty of carrying into effect the policies and decisions of
the Board and shall meet as often as necessary, at the
discretion of its chairman to be designated by the
Board. "When public interest so requires, the executive
committee may act for and in behalf of the Board, and its
decision, if approved by the Minister of Health, shall be valid,
unless revoked by the Board at its next regular or special
meeting.
"The Board shall recommend to the President the
appointment of an executive director who shall be the
administrative officer of the Board and shall perform such
other duties as may be assigned to him by it. The executive
director shall possess adequate training and experience in the
field of dangerous drugs, or in law, medicine, criminology,
psychology or social work. He shall receive a salary consistent
with the rate of compensation attached to his position as a
Career Executive Service Officer, (CESO II)."
Sec. 15. Paragraphs (1) and (o) of Section 36, Article VIII of
the same Act are hereby further amended to read as follows:
"(1) Authorize, pursuant to the provisions of this Act, the
importation, distribution, manufacture, production,
compounding, prescription, dispensing and sale of, and other
lawful acts in connection with, dangerous drugs of such kind
and quantity as it may deem necessary according to the
medical and research needs of the country; and to determine
the quantity/quantities to be imported, manufactured and
held in stock at any given time by an authorized importer, Sec. 19. All laws, decrees, rules and regulations inconsistent
manufacturer, distributor of dangerous drugs. herewith are hereby repealed or modified accordingly.
"Every person or drug establishment authorized to import, Sec. 20. Should any provision or provisions of this Act be
distribute, manufacture, produce, compound, prescribe, declared unconstitutional, the remaining provisions shall
dispense, and sell dangerous drugs shall register annually nevertheless remain enforceable.
with the Board and pay such fees as the Board may by rules Sec. 21. This Act shall take effect upon its approval.
and regulations impose in respect to the registration and Approved: March 2, 1982
control of the importation, distribution, manufacture,
production, compounding, prescription, dispensing and sale
REPUBLIC ACT NO. 8353
of dangerous drugs.
"The Chairman of the Board shall, without prejudice to AN ACT EXPANDING THE DEFINITION OF THE CRIME OF
criminal proceedings, order the closure of a drug RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS
establishment or the suspension or revocation of its authority
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
to deal in dangerous drugs when, after investigation, it is CODE, AND FOR OTHER PURPOSES.
found guilty of violating the provisions of this Act.
"The additional penalty of revocation of his license to practice Be it enacted by the Senate and House of Representatives of
shall be recommended in the case of a practitioner who is the Philippines in Congress assembled:
owner, co-owner, lessee, or in the employ of the drug
establishment, or who is a member, partner, president, Section 1. Short Title. - This Act shall be known as "The Anti-
director, or manager of a partnership, corporation, Rape Law of 1997."
association, or any judicial entity owning and/or controlling
the drug establishment, and who knowingly participates in, or Sec. 2. Rape as a Crime Against Persons. - The crime of rape
consents to, tolerates, or abets, the commission of the shall hereafter be classified as a Crime Against Persons under
violation. Title Eight of Act No. 3815, as amended, otherwise known as
"The authority vested in the Food and Drug Administration the Revised Penal Code. Accordingly, there shall be
under Presidential Decree No. 280 to order the closure, or incorporated into Title Eight of the same Code a new chapter
suspension or revocation of the license and permit, of the to be known as Chapter Three on Rape, to read as follows:
drug establishment dealing in dangerous drugs for violation "Chapter Three
of Republic Act No. 6425, as amended, is hereby revoked." "Rape
"(o) Provide, by rules and regulations, appropriate rewards "Article 266-A. Rape: When And How Committed. - Rape is
to informers who are instrumental in the discovery and committed:
seizure of dangerous drugs and in the apprehension of
violators of this Act, except marijuana plantations." "1) By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
Sec. 16. A new paragraph (q) shall be added to Section 36, "a) Through force, threat, or intimidation;
Article VIII of the same Act, to read as follows:
"b) When the offended party is deprived of reason or
"(q) Enter into arrangements with foreign agencies and otherwise unconscious;
instrumentalities for the effective prevention and control of
drug dependency or abuse and the effective implementation "c) By means of fraudulent machination or grave abuse of
of the provisions of this Act." authority; and

Sec. 17. The provisions of any law to the contrary
notwithstanding, when a crime is committed by an offender
who is under the influence of dangerous drugs, such state
shall be considered as a qualifying aggravating circumstance
in the definition of a crime and the application of the penalty
provided for in the Revised Penal Code.
Sec. 18. The sum of fifteen million pesos is hereby provided
initially out of the Special Activities Fund appropriated in
Batas Pambansa Blg. 131 to carry out the provisions of this
Act. Thereafter, such sums as may be necessary to carry out
the purposes of this Act shall be provided for in subsequent
annual General Appropriations Act.
"d) When the offended party is under twelve (12) years
of age or is demented, even though none of the
circumstances mentioned above be present.
"2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act
of sexual assault by inserting his penis into another person's
mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the next
preceding article shall be punished by reclusion perpetua.
"Whenever the rape is committed with the use of a deadly

6
weapon or by two or more persons, the penalty shall be "9) When the offender knew of the pregnancy of the
reclusion perpetua to death. offended party at the time of the commission of the crime;
and
"When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall become reclusion "10) When the offender knew of the mental disability,
perpetua to death. emotional disorder and/or physical handicap of the offended
party at the time of the commission of the crime.
"When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be "Rape under paragraph 2 of the next preceding article shall
reclusion perpetua to death. be punished by prision mayor.

"When by reason or on the occasion ofthe rape, homicide is "Whenever the rape is committed with the use of a deadly
committed, the penalty shall be death. weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.
"The death penalty shall also be imposed if the crime of rape
is committed with any of the following aggravating/qualifying "When by reason or on the occasion of the rape, the victim
circumstances: has become insane, the penalty shall be reclusion temporal.

"l) When the victim is under eighteen (18) years of age and "When the rape is attempted and a homicide is committed by
the offender is a parent, ascendant, step-parent, guardian, reason or on the occasion thereof, the penalty shall be
relative by consanguinity or affinity within the third civil reclusion temporal to reclusion perpetua.
degree, or the common-law spouse of the parent of the
victim; "When by reason or on the occasion ofthe rape, homicide is
committed, the penalty shall be reclusion perpetua.
"2) When the victim is under the custody of the police or
military authorities or any law enforcement or penal "Reclusion temporal shall be imposed if the rape is
institution; committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.
"3) When the rape is committed in full view of the spouse,
parent, any of the children or other relatives within the third "Article 266-C. Effect of Pardon. - The subsequent valid
civil degree of consanguinity; marriage between the offended party shall extinguish the
criminal action or the penalty imposed.
"4) When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be "In case it is the legal husband who is the offender, the
such by the offender before or at the time of the commission subsequent forgiveness by the wife as the offended party
of the crime; shall extinguish the criminal action or the penalty: Provided,
That the crime shall not be extinguished or the penalty shall
"5) When the victim is a child below seven (7) years old; not be abated if the marriage is voidab initio.

"6) When the offender knows that he is afflicted with the "Article 266-D. Presumptions. - Any physical overt act
Human Immuno-Deficiency Virus (HIV)/Acquired Immune manifesting resistance against the act of rape in any degree
Deficiency Syndrome (AIDS) or any other sexually from the offended party, or where the offended party is so
transmissible disease and the virus or disease is transmitted situated as to render her/him incapable of giving valid
to the victim; consent, may be accepted as evidence in the prosecution of
the acts punished under Article 266-A."
"7) When committed by any member of the Armed Forces of
the Philippines or para-military units thereof or the Philippine Sec. 3. Separability Clause. - If any part, Sec., or provision of
National Police or any law enforcement agency or penal this Act is declared invalid or unconstitutional, the other parts
institution, when the offender took advantage of his position thereof not affected thereby shall remain valid.
to facilitate the commission of the crime;
Sec. 4. Repealing Clause. - Article 336 of Act No. 3815, as
"8) When by reason or on the occasion of the rape, amended, and all laws, acts, presidential decrees, executive
the victim has suffered permanent physical mutilation or orders, administrative orders, rules and regulations
disability; inconsistent with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.

7
 sexually suggestive remarks, physically attacking the sexual parts
Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days of the victim's body, forcing her/him to watch obscene
after completion of its publication in two (2) newspapers of publications and indecent shows or forcing the woman or her child
general circulation to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the
Approved: September 30, 1997 same room with the abuser;

b) Acts causing or attempting to cause the victim to engage in any

REPUBLIC ACT NO. 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES.
Section 1. Short Title.- This Act shall be known as the "Anti-
Violence Against Women and Their Children Act of 2004."
Sec. 2. Declaration of Policy.- It is hereby declared that the State
values the dignity of women and children and guarantees full
respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and
children, from violence and threats to their personal safety and
security.
Towards this end, the State shall exert efforts to address violence
committed against women and children in keeping with the
fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination
Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is
a party.
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or
likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of
common children.
D. "Economic abuse" refers to acts that make or attempt to make a
woman financially dependent which includes, but is not limited to
the following:
1. Withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects
on valid, serious and moral grounds as defined in Article 73 of
the Family Code;

Sec. 3. Definition of Terms.- As used in this Act: 2. Deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal, community or
(a) "Violence against women and their children" refers to any act property owned in common;
or a series of acts committed by any person against a woman who
is his wife, former wife, or against a woman with whom the person 3. Destroying household property;
has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or 4. Controlling the victims' own money or properties or solely
illegitimate, within or without the family abode, which result in or controlling the conjugal money or properties.
is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, (b) "Battery" refers to an act of inflicting physical harm upon the
battery, assault, coercion, harassment or arbitrary deprivation of woman or her child resulting to the physical and psychological or
liberty. It includes, but is not limited to, the following acts: emotional distress.

A. "Physical Violence" refers to acts that include bodily or physical (c) "Battered Woman Syndrome" refers to a scientifically defined
harm; pattern of psychological and behavioral symptoms found in
women living in battering relationships as a result of cumulative
B. "Sexual violence" refers to an act which is sexual in nature, abuse.
committed against a woman or her child. It includes, but is not
limited to: (d) "Stalking" refers to an intentional act committed by a person
who, knowingly and without lawful justification follows the woman
a) Rape, sexual harassment, acts of lasciviousness, treating a
or her child or places the woman or her child under surveillance
woman or her child as a sex object, making demeaning and
directly or indirectly or a combination thereof.
8
 providing the woman's children insufficient financial support;
(e) "Dating relationship" refers to a situation wherein the parties
live as husband and wife without the benefit of marriage or are (3) Depriving or threatening to deprive the woman or her child of a
romantically involved over time and on a continuing basis during legal right; and
the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social (4) Preventing the woman in engaging in any legitimate profession,
context is not a dating relationship. occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or
(f) "Sexual relations" refers to a single sexual act which may or may common money, or properties.
not result in the bearing of a common child.
(f) Inflicting or threatening to inflict physical harm on oneself for
(g) "Safe place or shelter" refers to any home or institution the purpose of controlling her actions or decisions;
maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary (g) Causing or attempting to cause the woman or her child to
organization accredited by the DSWD for the purposes of this Act engage in any sexual activity which does not constitute rape, by
or any other suitable place the resident of which is willing force or threat of force, physical harm, or through intimidation
temporarily to receive the victim. directed against the woman or her child or her/his immediate
family;
(h) "Children" refers to those below eighteen (18) years of age or
older but are incapable of taking care of themselves as defined (h) Engaging in purposeful, knowing, or reckless conduct,
under Republic Act No. 7610. As used in this Act, it includes the personally or through another, that alarms or causes substantial
biological children of the victim and other children under her care. emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:
Sec. 4. Construction.- This Act shall be liberally construed to
(1) Stalking or following the woman or her child in public or private
promote the protection and safety of victims of violence against
places;
women and their children.

(2) Peering in the window or lingering outside the residence of the

Sec. 5. Acts of Violence Against Women and Their Children.- The
woman or her child;
crime of violence against women and their children is committed
through any of the following acts:
(3) Entering or remaining in the dwelling or on the property of the
(a) Causing physical harm to the woman or her child; woman or her child against her/his will;

(b) Threatening to cause the woman or her child physical harm; (4) Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
(c) Attempting to cause the woman or her child physical harm;
(5) Engaging in any form of harassment or violence.
(d) Placing the woman or her child in fear of imminent physical
harm; (i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited
(e) Attempting to compel or compelling the woman or her child to to, repeated verbal and emotional abuse, and denial of financial
engage in conduct which the woman or her child has the right to support or custody of minor children of access to the woman's
desist from or desist from conduct which the woman or her child child/children.
has the right to engage in, or attempting to restrict or restricting
Sec. 6. Penalties.- The crime of violence against women and their
the woman's or her child's freedom of movement or conduct by
children, under Sec. 5 hereof shall be punished according to the
force or threat of force, physical or other harm or threat of
following rules:
physical or other harm, or intimidation directed against the woman
or child. This shall include, but not limited to, the following acts
(a) Acts falling under Sec. 5(a) constituting attempted, frustrated
committed with the purpose or effect of controlling or restricting
or consummated parricide or murder or homicide shall be
the woman's or her child's movement or conduct:
punished in accordance with the provisions of the Revised Penal
Code;
(1) Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;
If these acts resulted in mutilation, it shall be punishable in
accordance with the Revised Penal Code; those constituting
(2) Depriving or threatening to deprive the woman or her children
serious physical injuries shall have the penalty of prison mayor;
of financial support legally due her or her family, or deliberately
9
those constituting less serious physical injuries shall be punished
by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor;
Acts falling under Sec. 5(b) shall be punished by imprisonment of
two degrees lower than the prescribed penalty for the
consummated crime as specified in the preceding paragraph but
shall in no case be lower than arresto mayor;
(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto
mayor;
(c) Acts falling under Sec. 5(e) shall be punished by prision
correccional;
(d) Acts falling under Sec. 5(f) shall be punished by arresto mayor;
(e) Acts falling under Sec. 5(g) shall be punished by prision mayor;
(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by
prision mayor.
If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied
shall be the maximum period of penalty prescribed in the Sec.
In addition to imprisonment, the perpetrator shall (a) pay a fine in
the amount of not less than One hundred thousand pesos
(P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
Sec. 7. Venue.- The Regional Trial Court designated as a Family
Court shall have original and exclusive jurisdiction over cases of
violence against women and their children under this law. In the
absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court where
the crime or any of its elements was committed at the option of
the compliant.
Sec. 8. Protection Orders.- A protection order is an order issued
under this act for the purpose of preventing further acts of
violence against a woman or her child specified in Sec. 5 of this Act
and granting other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim's daily life,
and facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the
protection order shall be enforced by law enforcement agencies.
The protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection
orders that may be issued under this Act shall include any, some or
all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or
10
committing, personally or through another, any of the acts
mentioned in Sec. 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating with the
petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of
the petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if
respondent must remove personal effects from the residence, the
court shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent from
the residence;
(d) Directing the respondent to stay away from petitioner and
designated family or household member at a distance specified by
the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner
and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an
automobile and other essential personal effects, regardless of
ownership, and directing the appropriate law enforcement officer
to accompany the petitioner to the residence of the parties to
ensure that the petitioner is safely restored to the possession of
the automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of personal
belongings;
(f) Granting a temporary or permanent custody of a child/children
to the petitioner;
(g) Directing the respondent to provide support to the woman
and/or her child if entitled to legal support. Notwithstanding other
laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be
withheld regularly by the respondent's employer for the same to
be automatically remitted directly to the woman. Failure to remit
and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of
any firearm or deadly weapon and order him to surrender the
same to the court for appropriate disposition by the court,
including revocation of license and disqualification to apply for any
license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender
his firearm and shall direct the appropriate authority to investigate
on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted,
including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income; a protection order must be in writing, signed and verified under
oath by the applicant. It may be filed as an independent action or
(j) Directing the DSWD or any appropriate agency to provide as incidental relief in any civil or criminal case the subject matter or
petitioner may need; and issues thereof partakes of a violence as described in this Act. A
standard protection order application form, written in English with
(k) Provision of such other forms of relief as the court deems translation to the major local languages, shall be made available to
necessary to protect and provide for the safety of the petitioner facilitate applications for protections order, and shall contain,
and any designated family or household member, provided among other, the following information:
petitioner and any designated family or household member
consents to such relief. (a) names and addresses of petitioner and respondent;

Any of the reliefs provided under this Sec. shall be granted even in (b) description of relationships between petitioner and
the absence of a decree of legal separation or annulment or respondent;
declaration of absolute nullity of marriage.
(c) a statement of the circumstances of the abuse;
The issuance of a BPO or the pendency of an application for BPO
shall not preclude a petitioner from applying for, or the court from (d) description of the reliefs requested by petitioner as specified in
granting a TPO or PPO. Sec. 8 herein;

Sec. 9. Who may file Petition for Protection Orders. A petition for (e) request for counsel and reasons for such;
protection order may be filed by any of the following:
(f) request for waiver of application fees until hearing; and
(a) The offended party;
(g) an attestation that there is no pending application for a
(b) Parents or guardians of the offended party; protection order in another court.

(c) Ascendants, descendants or collateral relatives within the If the applicants is not the victim, the application must be
fourth civil degree of consanguinity or affinity; accompanied by an affidavit of the applicant attesting to (a) the
circumstances of the abuse suffered by the victim and (b) the
(d) Officers or social workers of the DSWD or social workers of circumstances of consent given by the victim for the filling of the
local government units (LGUs); application. When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application. In such a
(e) Police officers, preferably those in charge of women and case, the applicant shall attest that the victim is residing in the
children's desks; municipality or city over which court has territorial jurisdiction, and
shall provide a mailing address for purpose of service processing.
(f) Punong Barangay or Barangay Kagawad;
An application for protection order filed with a court shall be
(g) Lawyer, counselor, therapist or healthcare provider of the considered an application for both a TPO and PPO.
petitioner;
Barangay officials and court personnel shall assist applicants in the
(h) At least two (2) concerned responsible citizens of the city or preparation of the application. Law enforcement agents shall also
municipality where the violence against women and their children extend assistance in the application for protection orders in cases
occurred and who has personal knowledge of the offense brought to their attention.
committed.
Sec. 12. Enforceability of Protection Orders. All TPOs and PPOs
Sec. 10. Where to Apply for a Protection Order. Applications for issued under this Act shall be enforceable anywhere in the
BPOs shall follow the rules on venue under Sec. 409 of the Local Philippines and a violation thereof shall be punishable with a fine
Government Code of 1991 and its implementing rules and ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
regulations. An application for a TPO or PPO may be filed in the Pesos (P50,000.00) and/or imprisonment of six (6) months.
regional trial court, metropolitan trial court, municipal trial court,
municipal circuit trial court with territorial jurisdiction over the Sec. 13. Legal Representation of Petitioners for Protection Order.
place of residence of the petitioner: Provided, however, That if a If the woman or her child requests in the applications for a
family court exists in the place of residence of the petitioner, the protection order for the appointment of counsel because of lack of
application shall be filed with that court. economic means to hire a counsel de parte, the court shall
immediately direct the Public Attorney's Office (PAO) to represent
Sec. 11. How to Apply for a Protection Order. The application for the petitioner in the hearing on the application. If the PAO
11
determines that the applicant can afford to hire the services of a
counsel de parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte. The lack of access to family or
conjugal resources by the applicant, such as when the same are
controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.
However, a private counsel offering free legal service is not barred
from representing the petitioner.
Sec. 14. Barangay Protection Orders (BPOs); Who May Issue and
How. - Barangay Protection Orders (BPOs) refer to the protection
order issued by the Punong Barangay ordering the perpetrator to
desist from committing acts under Sec. 5 (a) and (b) of this Act. A
Punong Barangay who receives applications for a BPO shall issue
the protection order to the applicant on the date of filing after ex
parte determination of the basis of the application. If the Punong
Barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order
must be accompanied by an attestation by the Barangay Kagawad
that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect is
personal service.
The parties may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.
Sec. 15. Temporary Protection Orders. Temporary Protection
Orders (TPOs) refers to the protection order issued by the court on
the date of filing of the application after ex parte determination
that such order should be issued. A court may grant in a TPO any,
some or all of the reliefs mentioned in this Act and shall be
effective for thirty (30) days. The court shall schedule a hearing on
the issuance of a PPO prior to or on the date of the expiration of
the TPO. The court shall order the immediate personal service of
the TPO on the respondent by the court sheriff who may obtain
the assistance of law enforcement agents for the service. The TPO
shall include notice of the date of the hearing on the merits of the
issuance of a PPO.
Sec. 16. Permanent Protection Orders. Permanent Protection
Order (PPO) refers to protection order issued by the court after
notice and hearing.
Respondents non-appearance despite proper notice, or his lack of
a lawyer, or the non-availability of his lawyer shall not be a ground
for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondents appears without counsel on
the date of the hearing on the PPO, the court shall appoint a
lawyer for the respondent and immediately proceed with the
hearing. In case the respondent fails to appear despite proper
12
notice, the court shall allow ex parte presentation of the evidence
by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of
abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is
made.
The court shall, to the extent possible, conduct the hearing on the
merits of the issuance of a PPO in one (1) day. Where the court is
unable to conduct the hearing within one (1) day and the TPO
issued is due to expire, the court shall continuously extend or
renew the TPO for a period of thirty (30) days at each particular
time until final judgment is issued. The extended or renewed TPO
may be modified by the court as may be necessary or applicable to
address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Sec.
8 hereof in a PPO. A PPO shall be effective until revoked by a court
upon application of the person in whose favor the order was
issued. The court shall ensure immediate personal service of the
PPO on respondent.
The court shall not deny the issuance of protection order on the
basis of the lapse of time between the act of violence and the filing
of the application.
Regardless of the conviction or acquittal of the respondent, the
Court must determine whether or not the PPO shall become final.
Even in a dismissal, a PPO shall be granted as long as there is no
clear showing that the act from which the order might arise did not
exist.
Sec. 17. Notice of Sanction in Protection Orders. The following
statement must be printed in bold-faced type or in capital letters
on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
Sec. 18. Mandatory Period For Acting on Applications For
Protection Orders Failure to act on an application for a
protection order within the reglementary period specified in the
previous Sec. without justifiable cause shall render the official or
judge administratively liable.
Sec. 19. Legal Separation Cases. In cases of legal separation,
where violence as specified in this Act is alleged, Article 58 of the
Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The
hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period
specified in this Act.
Sec. 20. Priority of Application for a Protection Order. Ex parte
and adversarial hearings to determine the basis of applications for
a protection order under this Act shall have priority over all other
proceedings. Barangay officials and the courts shall schedule and
conduct hearings on applications for a protection order under this
Act above all other business and, if necessary, suspend other
proceedings in order to hear applications for a protection order.
Sec. 21. Violation of Protection Orders. A complaint for a
violation of a BPO issued under this Act must be filed directly with
any municipal trial court, metropolitan trial court, or municipal
circuit trial court that has territorial jurisdiction over the barangay
that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other
criminal or civil action that the offended party may file for any of
the acts committed.
A judgement of violation of a BPO ma be appealed according to the
Rules of Court. During trial and upon judgment, the trial court may
motu proprio issue a protection order as it deems necessary
without need of an application.
Violation of any provision of a TPO or PPO issued under this Act
shall constitute contempt of court punishable under Rule 71 of the
Rules of Court, without prejudice to any other criminal or civil
action that the offended party may file for any of the acts
committed.
Sec. 22. Applicability of Protection Orders to Criminal Cases. The
foregoing provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions involving violence
against women and their
Sec. 23. Bond to Keep the Peace. The Court may order any
person against whom a protection order is issued to give a bond to
keep the peace, to present two sufficient sureties who shall
undertake that such person will not commit the violence sought to
be prevented.
Should the respondent fail to give the bond as required, he shall be
detained for a period which shall in no case exceed six (6) months,
if he shall have been prosecuted for acts punishable under Sec.
5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable
under Sec. 5(g) to
The protection orders referred to in this Sec. are the TPOs and the
PPOs issued only by the
survivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal
Code.
In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the
commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
Sec. 27. Prohibited Defense. Being under the influence of alcohol,
any illicit drug, or any other mind-altering substance shall not be a
defense under this Act.
Sec. 28. Custody of children. The woman victim of violence shall
be entitled to the custody and support of her child/children.
Children below seven (7) years old older but with mental or
physical disabilities shall automatically be given to the mother,
with right to support, unless the court finds compelling reasons to
order otherwise.
A victim who is suffering from battered woman syndrome shall not
be disqualified from having custody of her children. In no case shall
custody of minor children be given to the perpetrator of a woman
who is suffering from Battered woman syndrome.
children. Sec. 29. Duties of Prosecutors/Court Personnel. Prosecutors and
court personnel should observe the following duties when dealing
with victims under this Act:
a) communicate with the victim in a language understood by the
woman or her child; and
b) inform the victim of her/his rights including legal remedies
available and procedure, and privileges for indigent litigants.
Sec. 30. Duties of Barangay Officials and Law Enforcers. Barangay
officials and law enforcers shall have the following duties:
5(i).
(a) respond immediately to a call for help or request for assistance
or protection of the victim by entering the necessary whether or
not a protection order has been issued and ensure the safety of
courts.
the victim/s;

Sec. 24. Prescriptive Period. Acts falling under Sec.s 5(a) to 5(f)
(b) confiscate any deadly weapon in the possession of the
shall prescribe in twenty (20) years. Acts falling under Sec.s 5(g) to
perpetrator or within plain view;
5(i) shall prescribe in ten (10) years.

(c) transport or escort the victim/s to a safe place of their choice or

Sec. 25. Public Crime. Violence against women and their children
to a clinic or hospital;
shall be considered a public offense which may be prosecuted
upon the filing of a complaint by any citizen having personal
(d) assist the victim in removing personal belongs from the house;
knowledge of the circumstances involving the commission of the
crime.
(e) assist the barangay officials and other government officers and
employees who respond to a call for help;
Sec. 26. Battered Woman Syndrome as a Defense. Victim-

13
(f) ensure the enforcement of the Protection Orders issued by the the Family Courts Act of 1997 and Sec.s 410, 411, 412 and 413 of
Punong Barangy or the courts; the Local Government Code of 1991 shall not apply in proceedings
where relief is sought under this Act.
(g) arrest the suspected perpetrator wiithout a warrant when any
of the acts of violence defined by this Act is occurring, or when Failure to comply with this Sec. shall render the official or judge
he/she has personal knowledge that any act of abuse has just been administratively liable.
committed, and there is imminent danger to the life or limb of the
victim as defined in this Act; and Sec. 34. Persons Intervening Exempt from Liability. In every case
of violence against women and their children as herein defined,
(h) immediately report the call for assessment or assistance of the any person, private individual or police authority or barangay
DSWD, social Welfare Department of LGUs or accredited non- official who, acting in accordance with law, responds or intervenes
government organizations (NGOs). without using violence or restraint greater than necessary to
ensure the safety of the victim, shall not be liable for any criminal,
Any barangay official or law enforcer who fails to report the civil or administrative liability resulting therefrom.
incident shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or Sec. 35. Rights of Victims. In addition to their rights under
administrative liability. existing laws, victims of violence against women and their children
shall have the following rights:
Sec. 31. Healthcare Provider Response to Abuse Any healthcare
provider, including, but not limited to, an attending physician, (a) to be treated with respect and dignity;
nurse, clinician, barangay health worker, therapist or counselor
who suspects abuse or has been informed by the victim of violence (b) to avail of legal assistance form the PAO of the Department of
shall: Justice (DOJ) or any public legal assistance office;

(a) properly document any of the victim's physical, emotional or (c) To be entitled to support services form the DSWD and LGUs'
psychological injuries;
(d) To be entitled to all legal remedies and support as provided for
(b) properly record any of victim's suspicions, observations and under the Family Code; and
circumstances of the examination or visit;
(e) To be informed of their rights and the services available to
(c) automatically provide the victim free of charge a medical them including their right to apply for a protection order.
certificate concerning the examination or visit;
Sec. 36. Damages. Any victim of violence under this Act shall be
(d) safeguard the records and make them available to the victim entitled to actual, compensatory, moral and exemplary damages.
upon request at actual cost; and
Sec. 37. Hold Departure Order. The court shall expedite the
(e) provide the victim immediate and adequate notice of rights and process of issuance of a hold departure order in cases prosecuted
remedies provided under this Act, and services available to them. under this Act.

Sec. 32. Duties of Other Government Agencies and LGUs Other

Sec. 38. Exemption from Payment of Docket Fee and Other
government agencies and LGUs shall establish programs such as,
Expenses. If the victim is an indigent or there is an immediate
but not limited to, education and information campaign and
necessity due to imminent danger or threat of danger to act on an
seminars or symposia on the nature, causes, incidence and
application for a protection order, the court shall accept the
consequences of such violence particularly towards educating the
application without payment of the filing fee and other fees and of
public on its social impacts.
transcript of stenographic notes.

It shall be the duty of the concerned government agencies and

Sec. 39. Inter-Agency Council on Violence Against Women and
LGU's to ensure the sustained education and training of their
Their Children (IAC-VAWC). In pursuance of the abovementioned
officers and personnel on the prevention of violence against
policy, there is hereby established an Inter-Agency Council on
women and their children under the Act.
Violence Against Women and their children, hereinafter known as
the Council, which shall be composed of the following agencies:
Sec. 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad
or the court hearing an application for a protection order shall not (a) Department of Social Welfare and Development (DSWD);
order, direct, force or in any way unduly influence he applicant for
a protection order to compromise or abandon any of the reliefs (b) National Commission on the Role of Filipino Women (NCRFW);
sought in the application for protection under this Act. Sec. 7 of
14
(c) Civil Service Commission (CSC); against women and their children;

(d) Commission on Human rights (CHR) c. the services and facilities available to victims or survivors;

(e) Council for the Welfare of Children (CWC); d. the legal duties imposed on police officers to make arrest and to
offer protection and assistance; and
(f) Department of Justice (DOJ);
e. techniques for handling incidents of violence against women and
(g) Department of the Interior and Local Government (DILG); their children that minimize the likelihood of injury to the officer
and promote the safety of the victim or survivor.
(h) Philippine National Police (PNP);
The PNP, in coordination with LGU's shall establish an education
(i) Department of Health (DOH); and training program for police officers and barangay officials to
enable them to properly handle cases of violence against women
(j) Department of Education (DepEd); and their children.

(k) Department of Labor and Employment (DOLE); and Sec. 43. Entitled to Leave. Victims under this Act shall be entitled
to take a paid leave of absence up to ten (10) days in addition to
(l) National Bureau of Investigation (NBI). other paid leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as specified in
These agencies are tasked to formulate programs and projects to the protection order.
eliminate VAW based on their mandates as well as develop
capability programs for their employees to become more sensitive Any employer who shall prejudice the right of the person under
to the needs of their clients. The Council will also serve as the this Sec. shall be penalized in accordance with the provisions of the
monitoring body as regards to VAW initiatives. Labor Code and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for assisting a co-
The Council members may designate their duly authorized employee who is a victim under this Act shall likewise be liable for
representative who shall have a rank not lower than an assistant discrimination.
secretary or its equivalent. These representatives shall attend
Council meetings in their behalf, and shall receive emoluments as Sec. 44. Confidentiality. All records pertaining to cases of
may be determined by the Council in accordance with existing violence against women and their children including those in the
budget and accounting rules and regulations. barangay shall be confidential and all public officers and
Sec. 40. Mandatory Programs and Services for Victims. The employees and public or private clinics to hospitals shall respect
DSWD, and LGU's shall provide the victims temporary shelters, the right to privacy of the victim. Whoever publishes or causes to
provide counseling, psycho-social services and /or, recovery, be published, in any format, the name, address, telephone
rehabilitation programs and livelihood assistance. number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without
The DOH shall provide medical assistance to victims. the latter's consent, shall be liable to the contempt power of the
court.
Sec. 41. Counseling and Treatment of Offenders. The DSWD shall
provide rehabilitative counseling and treatment to perpetrators Any person who violates this provision shall suffer the penalty of
towards learning constructive ways of coping with anger and one (1) year imprisonment and a fine of not more than Five
emotional outbursts and reforming their ways. When necessary, Hundred Thousand pesos (P500,000.00).
the offender shall be ordered by the Court to submit to psychiatric
treatment or confinement. Sec. 45. Funding The amount necessary to implement the
provisions of this Act shall be included in the annual General
Sec. 42. Training of Persons Involved in Responding to Violence Appropriations Act (GAA).
Against Women and their Children Cases. All agencies involved in
responding to violence against women and their children cases The Gender and Development (GAD) Budget of the mandated
shall be required to undergo education and training to acquaint agencies and LGU's shall be used to implement services for victim
them with: of violence against women and their children.

a. the nature, extend and causes of violence against women and Sec. 46. Implementing Rules and Regulations. Within six (6)
their children; months from the approval of this Act, the DOJ, the NCRFW, the
DSWD, the DILG, the DOH, and the PNP, and three (3)
b. the legal rights of, and remedies available to, victims of violence
15
representatives from NGOs to be identified by the NCRFW, shall
promulgate the Implementing Rules and Regulations (IRR) of this
Act.
Sec. 47. Suppletory Application For purposes of this Act, the
Revised Penal Code and other applicable laws, shall have
suppletory application.
Sec. 48. Separability Clause. If any Sec. or provision of this Act is
held unconstitutional or invalid, the other Sec.s or provisions shall
not be affected.
Sec. 49. Repealing Clause All laws, Presidential decrees, executive
orders and rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
Sec. 50. Effectivity This Act shall take effect fifteen (15) days from
the date of its complete publication in at least two (2) newspapers
of general circulation.
Approved: March 08, 2004
REPUBLIC ACT NO. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND
WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
TITLE I
GOVERNING PRINCIPLES
CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope. - This Act shall be known as the
"Juvenile Justice and Welfare Act of 2006." It shall cover the
different stages involving children at risk and children in conflict
with the law from prevention to rehabilitation and reintegration.
Sec. 2. Declaration of State Policy. - The following State policies
shall be observed at all times:
(a) The State recognizes the vital role of children and youth in
nation building and shall promote and protect their physical,
moral, spiritual, intellectual and social well-being. It shall inculcate
in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
(b) The State shall protect the best interests of the child through
measures that will ensure the observance of international
standards of child protection, especially those to which the
Philippines is a party. Proceedings before any authority shall be
16
conducted in the best interest of the child and in a manner which
allows the child to participate and to express himself/herself
freely. The participation of children in the program and policy
formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance,
including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty and exploitation, and other
conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the
Rights of the Child, the State recognizes the right of every child
alleged as, accused of, adjudged, or recognized as having infringed
the penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State shall
adopt measures for dealing with such children without resorting to
judicial proceedings, providing that human rights and legal
safeguards are fully respected. It shall ensure that children are
dealt with in a manner appropriate to their well-being by providing
for, among others, a variety of disposition measures such as care,
guidance and supervision orders, counseling, probation, foster
care, education and vocational training programs and other
alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system
shall take into consideration the cultural and religious perspectives
of the Filipino people, particularly the indigenous peoples and the
Muslims, consistent with the protection of the rights of children
belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its
laws, policies and programs applicable to children in conflict with
the law.
Sec. 3. Liberal Construction of this Act. - In case of doubt, the
interpretation of any of the provisions of this Act, including its
implementing rules and regulations (IRRs), shall be construed
liberally in favor of the child in conflict with the law.
Sec. 4. Definition of Terms. - The following terms as used in this Act
shall be defined as follows:
(a) "Bail" refers to the security given for the release of the person
in custody of the law, furnished by him/her or a bondsman, to
guarantee his/her appearance before any court. Bail may be given
in the form of corporate security, property bond, cash deposit, or
recognizance.
(b) "Best Interest of the Child" refers to the totality of the
circumstances and conditions which are most congenial to the
survival, protection and feelings of security of the child and most
encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available
alternative for safeguarding the growth and development of the
child.
(c) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the
risk of committing criminal offenses because of personal, family
and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical,
psychological, mental, economic or any other means and the
parents or guardian refuse, are unwilling, or unable to provide
protection for the child;
(2) being exploited including sexually or economically;
(j) "Diversion Program" refers to the program that the child in
conflict with the law is required to undergo after he/she is found
responsible for an offense without resorting to formal court
proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or
taking into custody of a child in conflict with the law by law
enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict with the law receives a subpoena
under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the
same Rule in cases that do not require preliminary investigation or
where there is no necessity to place the child alleged to be in
conflict with the law under immediate custody.

(3) being abandoned or neglected, and after diligent search and
inquiry, the parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a
parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug
abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense under
Philippine
(I) "Intervention" refers to a series of activities which are designed
to address issues that caused the child to commit an offense. It
may take the form of an individualized treatment program which
may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and
psycho-social well-being.
(m) "Juvenile Justice and Welfare System" refers to a system
dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal growth and
development.
(n) "Law Enforcement Officer" refers to the person in authority or
his/her agent as defined in Article 152 of the Revised Penal Code,
including a barangay tanod.
(o) "Offense" refers to any act or omission whether punishable
laws.
under special laws or the Revised Penal Code, as amended.

(f) "Community-based Programs" refers to the programs provided

(p) "Recognizance" refers to an undertaking in lieu of a bond
in a community setting developed for purposes of intervention and
assumed by a parent or custodian who shall be responsible for the
diversion, as well as rehabilitation of the child in conflict with the
appearance in court of the child in conflict with the law, when
law, for reintegration into his/her family and/or community.
required.

(g) "Court" refers to a family court or, in places where there are no
(q) "Restorative Justice" refers to a principle which requires a
family courts, any regional trial court.
process of resolving conflicts with the maximum involvement of
the victim, the offender and the community. It seeks to obtain
(h) "Deprivation of Liberty" refers to any form of detention or
reparation for the victim; reconciliation of the offender, the
imprisonment, or to the placement of a child in conflict with the
offended and the community; and reassurance to the offender
law in a public or private custodial setting, from which the child in
that he/she can be reintegrated into society. It also enhances
conflict with the law is not permitted to leave at will by order of
public safety by activating the offender, the victim and the
any judicial or administrative authority.
community in prevention strategies.

(i) "Diversion" refers to an alternative, child-appropriate process of

(r) "Status Offenses" refers to offenses which discriminate only
determining the responsibility and treatment of a child in conflict
against a child, while an adult does not suffer any penalty for
with the law on the basis of his/her social, cultural, economic,
committing similar acts. These shall include curfew violations;
psychological or educational background without resorting to
truancy, parental disobedience and the like.
formal court proceedings.
17
 independent and impartial authority, and to a prompt decision on
(s) "Youth Detention Home" refers to a 24-hour child-caring such action;
institution managed by accredited local government units (LGUs)
and licensed and/or accredited nongovernment organizations (f) the right to bail and recognizance, in appropriate cases;
(NGOs) providing short-term residential care for children in conflict
with the law who are awaiting court disposition of their cases or (g) the right to testify as a witness in hid/her own behalf under the
transfer to other agencies or jurisdiction. rule on examination of a child witness;

(t) "Youth Rehabilitation Center" refers to a 24-hour residential (h) the right to have his/her privacy respected fully at all stages of
care facility managed by the Department of Social Welfare and the proceedings;
Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and (i) the right to diversion if he/she is qualified and voluntarily avails
rehabilitation services for children in conflict with the law. of the same;
Rehabilitation services are provided under the guidance of a
trained staff where residents are cared for under a structured (j) the right to be imposed a judgment in proportion to the gravity
therapeutic environment with the end view of reintegrating them of the offense where his/her best interest, the rights of the victim
into their families and communities as socially functioning and the needs of society are all taken into consideration by the
individuals. Physical mobility of residents of said centers may be court, under the principle of restorative justice;
restricted pending court disposition of the charges against them.
(k) the right to have restrictions on his/her personal liberty limited
(u) "Victimless Crimes" refers to offenses where there is no private to the minimum, and where discretion is given by law to the judge
offended party. to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate
CHAPTER 2 penalty;
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE (I) in general, the right to automatic suspension of sentence;

Sec. 5. Rights of the Child in Conflict with the Law. - Every child in (m) the right to probation as an alternative to imprisonment, if
conflict with the law shall have the following rights, including but qualified under the Probation Law;
not limited to:
(n) the right to be free from liability for perjury, concealment or
(a) the right not to be subjected to torture or other cruel, inhuman misrepresentation; and
or degrading treatment or punishment;
(o) other rights as provided for under existing laws, rules and
(b) the right not to be imposed a sentence of capital punishment or regulations.
life imprisonment, without the possibility of release;
The State further adopts the provisions of the United Nations
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her Standard Minimum Rules for the Administration of Juvenile Justice
liberty; detention or imprisonment being a disposition of last or "Beijing Rules", United Nations Guidelines for the Prevention of
resort, and which shall be for the shortest appropriate period of Juvenile Delinquency or the "Riyadh Guidelines", and the United
time; Nations Rules for the Protection of Juveniles Deprived of Liberty.

(d) the right to be treated with humanity and respect, for the
inherent dignity of the person, and in a manner which takes into
account the needs of a person of his/her age. In particular, a child
deprived of liberty shall be separated from adult offenders at all
times. No child shall be detained together with adult offenders.
He/She shall be conveyed separately to or from court. He/She shall
await hearing of his/her own case in a separate holding area. A
child in conflict with the law shall have the right to maintain
contact with his/her family through correspondence and visits,
save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate
assistance, as well as the right to challenge the legality of the
deprivation of his/her liberty before a court or other competent,
18
Sec. 6. Minimum Age of Criminal Responsibility. - A child fifteen
(15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child
shall be subjected to an intervention program pursuant to Section
20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of
age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to
the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not
include exemption from civil liability, which shall be enforced in
accordance with existing laws.
(h) Philippine National Police (PNP);.
Sec. 7. Determination ofAge. - The child in conflict with the law
shall enjoy the presumption of minority. He/She shall enjoy all the (i) Bureau of Jail Management and Penology (BJMP);
rights of a child in conflict with the law until he/she is proven to be
eighteen (18) years old or older. The age of a child may be (i) Commission on Human Rights (CHR);
determined from the child's birth certificate, baptismal certificate
or any other pertinent documents. In the absence of these (k) Technical Education and Skills Development Authority (TESDA);
documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical (l) National Youth Commission (NYC); and
appearance of the child and other relevant evidence. In case of
doubt as to the age of the child, it shall be resolved in his/her (m) Other institutions focused on juvenile justice and intervention
favor. programs.

Any person contesting the age of the child in conflict with the law
prior to the filing of the information in any appropriate court may
file a case in a summary proceeding for the determination of age
before the Family Court which shall decide the case within twenty-
four (24) hours from receipt of the appropriate pleadings of all
interested parties.
The JJWC shall be composed of representatives, whose ranks shall
not be lower than director, to be designated by the concerned
heads of the following departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);

If a case has been fiied against the child in conflict with the law and
(c) Council for the Welfare of Children (CWC)
is pending in the appropriate court, the person shall file a motion
to determine the age of the child in the same court where the case
(d) Department of Education (DepEd);
is pending. Pending hearing on the said motion, proceedings on
the main case shall be suspended.
(e) Department of the Interior and Local Government (DILG)

In all proceedings, law enforcement officers, prosecutors, judges

(f) Commission on Human Rights (CHR);
and other government officials concerned shall exert all efforts at
determining the age of the child in conflict with the law.
(g) National Youth Commission (NYC); and
TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND (h) Two (2) representatives from NGOs, one to be designated by
WELFARE the Secretary of Justice and the other to be designated by the
Secretary of Social Welfare and Development.
Sec. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile
The JJWC shall convene within fifteen (15) days from the effectivity
Justice and Welfare Council (JJWC) is hereby created and attached
of this Act. The Secretary of Justice and the Secretary of Social
to the Department of Justice and placed under its administrative
Welfare and Development shall determine the organizational
supervision. The JJWC shall be chaired by an undersecretary of the
structure and staffing pattern of the JJWC.
Department of Social Welfare and Development. It shall ensure the
effective implementation of this Act and coordination among the
The JJWC shall coordinate with the Office of the Court
following agencies:
Administrator and the Philippine Judicial Academy to ensure the
(a) Council for the Welfare of Children (CWC); realization of its mandate and the proper discharge of its duties
and functions, as herein provided.
(b) Department of Education (DepEd);
Sec. 9. Duties and Functions of the JJWC. - The JJWC shall have the
(c) Department of the Interior and Local Government (DILG); following duties and functions:

(a) To oversee the implementation of this Act;

(d) Public Attorney's Office (PAO);

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

(e) Bureau of Corrections (BUCOR);
juvenile justice and welfare;

(f) Parole and Probation Administration (PPA)

(c) To assist the concerned agencies in the review and redrafting of
existing policies/regulations or in the formulation of new ones in
(g) National Bureau of Investigation (NBI);
19
line with the provisions of this Act; implement the provisions of this Act.

(d) To periodically develop a comprehensive 3 to 5-year national
juvenile intervention program, with the participation of
government agencies concerned, NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention
programs and activities by national government agencies and
other activities which may have an important bearing on the
success of the entire national juvenile intervention program. All
programs relating to juvenile justice and welfare shall be adopted
in consultation with the JJWC;
(f) To formulate and recommend policies and strategies in
consultation with children for the prevention of juvenile
delinquency and the administration of justice, as well as for the
treatment and rehabilitation of the children in conflict with the
law;
(g) To collect relevant information and conduct continuing
research and support evaluations and studies on all matters
relating to juvenile justice and welfare, such as but not limited to:
(1) the performance and results achieved by juvenile intervention
programs and by activities of the local government units and other
government agencies;
Sec. 10. Policies and Procedures on Juvenile Justice and Welfare. -
All government agencies enumerated in Section 8 shall, with the
assistance of the JJWC and within one (1) year from the effectivity
of this Act, draft policies and procedures consistent with the
standards set in the law. These policies and procedures shall be
modified accordingly in consultation with the JJWC upon the
completion of the national juvenile intervention program as
provided under Section 9 (d).
Sec. 11. Child Rights Center (CRC). - The existing Child Rights Center
of the Commission on Human Rights shall ensure that the status,
rights and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The
CHR shall strengthen the monitoring of government compliance of
all treaty obligations, including the timely and regular submission
of reports before the treaty bodies, as well as the implementation
and dissemination of recommendations and conclusions by
government agencies as well as NGOs and civil society.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS

(2) the periodic trends, problems and causes of juvenile Sec. 12. The Family. - The family shall be responsible for the
delinquency and crimes; and primary nurturing and rearing of children which is critical in
delinquency prevention. As far as practicable and in accordance
(3) the particular needs of children in conflict with the law in with the procedures of this Act, a child in conflict with the law shall
custody. be maintained in his/her family.

The data gathered shall be used by the JJWC in the improvement Sec. 13. The Educational System. - Educational institutions shall
of the administration of juvenile justice and welfare system. work together with families, community organizations and
agencies in the prevention of juvenile delinquency and in the
The JJWC shall set up a mechanism to ensure that children are rehabilitation and reintegration of child in conflict with the law.
involved in research and policy development. Schools shall provide adequate, necessary and individualized
educational schemes for children manifesting difficult behavior
(h) Through duly designated persons and with the assistance of the and children in conflict with the law. In cases where children in
agencies provided in the preceding section, to conduct regular conflict with the law are taken into custody or detained in
inspections in detention and rehabilitation facilities and to rehabilitation centers, they should be provided the opportunity to
undertake spot inspections on their own initiative in order to check continue learning under an alternative learning system with basic
compliance with the standards provided herein and to make the literacy program or non- formal education accreditation
necessary recommendations to appropriate agencies; equivalency system.

(i) To initiate and coordinate the conduct of trainings for the Sec. 14. The Role of the Mass Media. - The mass media shall play
personnel of the agencies involved in the administration of the an active role in the promotion of child rights, and delinquency
juvenile justice and welfare system and the juvenile intervention prevention by relaying consistent messages through a balanced
program; approach. Media practitioners shall, therefore, have the duty to
maintain the highest critical and professional standards in
(j) To submit an annual report to the President on the reporting and covering cases of children in conflict with the law. In
implementation of this Act; and all publicity concerning children, the best interest of the child
should be the primordial and paramount concern. Any undue,
(k) To perform such other functions as may be necessary to inappropriate and sensationalized publicity of any case involving a
child in conflict with the law is hereby declared a violation of the
20
child's rights.
Sec. 15. Establishment and Strengthening of Local Councils for the
Protection of Children. - Local Councils for the Protection of
Children (LCPC) shall be established in all levels of local
government, and where they have already been established, they
shall be strengthened within one (1) year from the effectivity of
this Act. Membership in the LCPC shall be chosen from among the
responsible members of the community, including a representative
from the youth sector, as well as representatives from government
and private agencies concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate
with and assist the LGU concerned for the adoption of a
comprehensive plan on delinquency prevention, and to oversee its
proper implementation.
One percent (1%) of the internal revenue allotment of barangays,
municipalities and cities shall be allocated for the strengthening
and implementation of the programs of the LCPC: Provided, That
the disbursement of the fund shall be made by the LGU concerned.
Sec. 16. Appointment of Local Social Welfare and Development
Officer. - All LGUs shall appoint a duly licensed social worker as its
local social welfare and development officer tasked to assist
children in conflict with the law.
Sec. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan
(SK) shall coordinate with the LCPC in the formulation and
implementation of juvenile intervention and diversion programs in
the community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
Sec. 18. Development of a Comprehensive Juvenile Intervention
Program. - A Comprehensive juvenile intervention program
covering at least a 3-year period shall be instituted in LGUs from
the barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their
respective juvenile intervention programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors
concerned, particularly the child-focused institutions, NGOs,
people's organizations, educational institutions and government
agencies involved in delinquency prevention to participate in the
planning process and implementation of juvenile intervention
programs. Such programs shall be implemented consistent with
the national program formulated and designed by the JJWC. The
implementation of the comprehensive juvenile intervention
program shall be reviewed and assessed annually by the LGUs in
coordination with the LCPC. Results of the assessment shall be
submitted by the provincial and city governments to the JJWC not
later than March 30 of every year.
21
Sec. 19. Community-based Programs on Juvenile Justice and
Welfare. - Community-based programs on juvenile justice and
welfare shall be instituted by the LGUs through the LCPC, school,
youth organizations and other concerned agencies. The LGUs shall
provide community-based services which respond to the special
needs, problems, interests and concerns of children and which
offer appropriate counseling and guidance to them and their
families. These programs shall consist of three levels:
(a) Primary intervention includes general measures to promote
social justice and equal opportunity, which tackle perceived root
causes of offending;
(b) Secondary intervention includes measures to assist children at
risk; and
(c) Tertiary intervention includes measures to avoid unnecessary
contact with the formal justice system and other measures to
prevent re-offending.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL
RESPONSIBILITY
Sec. 20. Children Below the Age of Criminal Responsibility. - If it has
been determined that the child taken into custody is fifteen (15)
years old or below, the authority which will have an initial contact
with the child has the duty to immediately release the child to the
custody of his/her parents or guardian, or in the absence thereof,
the child's nearest relative. Said authority shall give notice to the
local social welfare and development officer who will determine
the appropriate programs in consultation with the child and to the
person having custody over the child. If the parents, guardians or
nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly
registered nongovernmental or religious organization; a barangay
official or a member of the Barangay Council for the Protection of
Children (BCPC); a local social welfare and development officer; or
when and where appropriate, the DSWD. If the child referred to
herein has been found by the Local Social Welfare and
Development Office to be abandoned, neglected or abused by his
parents, or in the event that the parents will not comply with the
prevention program, the proper petition for involuntary
commitment shall be filed by the DSWD or the Local Social Welfare
and Development Office pursuant to Presidential Decree No. 603,
otherwise ,known as "The Child and Youth Welfare Code."
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
Sec. 21. Procedure for Taking the Child into Custody. - From the
moment a child is taken into custody, the law enforcement officer
shall: and

(a) Explain to the child in simple language and in a dialect that 3. The exhaustion of measures to determine the age of a child and
he/she can understand why he/she is being placed under custody the precise details of the physical and medical examination or the
and the offense that he/she allegedly committed; failure to submit a child to such examination; and

(b) Inform the child of the reason for such custody and advise the (m) Ensure that all statements signed by the child during
child of his/her constitutional rights in a language or dialect investigation shall be witnessed by the child's parents or guardian,
understood by him/her; social worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.
(e) Properly identify himself/herself and present proper
identification to the child; A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender and shall not be locked up
(d) Refrain from using vulgar or profane words and from sexually in a detention cell.
harassing or abusing, or making sexual advances on the child in
conflict with the law; Sec. 22. Duties During Initial Investigation. - The law enforcement
officer shall, in his/her investigation, determine where the case
(e) Avoid displaying or using any firearm, weapon, handcuffs or involving the child in conflict with the law should be referred.
other instruments of force or restraint, unless absolutely necessary
and only after all other methods of control have been exhausted The taking of the statement of the child shall be conducted in the
and have failed; presence of the following: (1) child's counsel of choice or in the
absence thereof, a lawyer from the Public Attorney's Office; (2) the
(f) Refrain from subjecting the child in conflict with the law to child's parents, guardian, or nearest relative, as the case may be;
greater restraint than is necessary for his/her apprehension; and (3) the local social welfare and development officer. In the
absence of the child's parents, guardian, or nearest relative, and
(g) Avoid violence or unnecessary force; the local social welfare and development officer, the investigation
shall be conducted in the presence of a representative of an NGO,
(h) Determine the age of the child pursuant to Section 7 of this Act; religious group, or member of the BCPC.

(i) Immediately but not later than eight (8) hours after
apprehension, turn over custody of the child to the Social Welfare
and Development Office or other accredited NGOs, and notify the
child's apprehension. The social welfare and development officer
shall explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and
reparation, if
(j) Take the child immediately to the proper medical and health
officer for a thorough physical and mental examination. The
examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the
same;
(k) Ensure that should detention of the child in conflict with the
law be necessary, the child shall be secured in quarters separate
from that of the opposite sex and
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used,
and if so, the reason
2. That the parents or guardian of a child, the DSWD, and the PA0
have been informed of the apprehension and the details thereof;
22
After the initial investigation, the local social worker conducting
the same may do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15)
years or below or above fifteen (15) but below eighteen (18) years
old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen
appropriate;
(18) and who acted with discernment, proceed to diversion under
the following chapter.
CHAPTER 2
DIVERSION
Sec. 23. System of Diversion. - Children in conflict with the law
shall undergo diversion programs without undergoing court
proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not
adult offenders; more than six (6) years imprisonment, the law enforcement officer
or Punong Barangay with the assistance of the local social welfare
and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and,
where appropriate, adopt indigenous modes of conflict resolution
for such;
in accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family
shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more
than six (6) years imprisonment, the local social welfare and
development officer shall meet with the child and his/her parents
or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds
six (6) years imprisonment, diversion measures may be resorted to
only by the court.
Sec. 24. Stages Where Diversion May be Conducted. - Diversion
may be conducted at the Katarungang Pambarangay, the police
investigation or the inquest or preliminary investigation stage and
at all 1evels and phases of the proceedings including judicial level.
Sec. 25. Conferencing, Mediation and Conciliation. - A child in
conflict with law may undergo conferencing, mediation or
conciliation outside the criminal justice system or prior to his entry
into said system. A contract of diversion may be entered into
during such conferencing, mediation or conciliation proceedings.
Sec. 26. Contract of Diversion. - If during the conferencing,
mediation or conciliation, the child voluntarily admits the
commission of the act, a diversion program shall be developed
when appropriate and desirable as determined under Section 30.
Such admission shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative proceedings.
The diversion program shall be effective and binding if accepted by
the parties concerned. The acceptance shall be in writing and
signed by the parties concerned and the appropriate authorities.
The local social welfare and development officer shall supervise
the implementation of the diversion program. The diversion
proceedings shall be completed within forty-five (45) days. The
period of prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed forty-
five (45) days.
The child shall present himself/herself to the competent
authorities that imposed the diversion program at least once a
month for reporting and evaluation of the effectiveness of the
program.
Failure to comply with the terms and conditions of the contract of
diversion, as certified by the local social welfare and development
officer, shall give the offended party the option to institute the
appropriate legal action.
The period of prescription of the offense shall be suspended during
the effectivity of the diversion program, but not exceeding a period
of two (2) years.
Sec. 27. Duty of the Punong Barangay When There is No Diversion.
- If the offense does not fall under Section 23(a) and (b), or if the
23
child, his/her parents or guardian does not consent to a diversion,
the Punong Barangay handling the case shall, within three (3) days
from determination of the absence of jurisdiction over the case or
termination of the diversion proceedings, as the case may be,
forward the records of the case of the child to the law
enforcement officer, prosecutor or the appropriate court, as the
case may be. Upon the issuance of the corresponding document,
certifying to the fact that no agreement has been reached by the
parties, the case shall be filed according to the regular process.
Sec. 28. Duty of the Law Enforcement Officer When There is No
Diversion. - If the offense does not fall under Section 23(a) and (b),
or if the child, his/her parents or guardian does not consent to a
diversion, the Women and Children Protection Desk of the PNP, or
other law enforcement officer handling the case of the child under
custody, to the prosecutor or judge concerned for the conduct of
inquest and/or preliminary investigation to determine whether or
not the child should remain under custody and correspondingly
charged in court. The document transmitting said records shall
display the word "CHILD" in bold letters.
Sec. 29. Factors in Determining Diversion Program. - In determining
whether diversion is appropriate and desirable, the following
factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence,
etc.);
(d) The influence of the family and environment on the growth of
the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
Sec. 30. Formulation of the Diversion Program. - In formulating a
diversion program, the individual characteristics and the peculiar
circumstances of the child in conflict with the law shall be used to
formulate an individualized treatment.
The following factors shall be considered in formulating a diversion
program for the child:
(a) The child's feelings of remorse for the offense he/she
committed;
(b) The parents' or legal guardians' ability to guide and supervise
the child;
 (2) Written or oral reprimand or citation;
(c) The victim's view about the propriety of the measures to be
imposed; and (3) Fine:

(d) The availability of community-based programs for rehabilitation (4) Payment of the cost of the proceedings; or
and reintegration of the child.
(5) Institutional care and custody.
Sec. 31. Kinds of Diversion Programs. - The diversion program shall
include adequate socio-cultural and psychological responses and
services for the child. At the different stages where diversion may CHAPTER 3
be resorted to, the following diversion programs may be agreed PROSECUTION
upon, such as, but not limited to:
Sec. 32. Duty of the Prosecutor's Office. - There shall be a specially
(a) At the level of the Punong Barangay: trained prosecutor to conduct inquest, preliminary investigation
and prosecution of cases involving a child in conflict with the law. If
(1) Restitution of property;
there is an allegation of torture or ill-treatment of a child in conflict
with the law during arrest or detention, it shall be the duty of the
(2) Reparation of the damage caused;
prosecutor to investigate the same.

(3) Indemnification for consequential damages;

Sec. 33. Preliminary Investigation and Filing of Information. - The
prosecutor shall conduct a preliminary investigation in the
(4) Written or oral apology;
following instances: (a) when the child in conflict with the law does
not qualify for diversion: (b) when the child, his/her parents or
(5) Care, guidance and supervision orders;
guardian does not agree to diversion as specified in Sections 27
and 28; and (c) when considering the assessment and
(6) Counseling for the child in conflict with the law and the child's
recommendation of the social worker, the prosecutor determines
family;
that diversion is not appropriate for the child in conflict with the
law.
(7)Attendance in trainings, seminars and lectures on:

Upon serving the subpoena and the affidavit of complaint, the

(i) anger management skills;
prosecutor shall notify the Public Attorney's Office of such service,
as well as the personal information, and place of detention of the
(ii) problem solving and/or conflict resolution skills;
child in conflict with the law.

(iii) values formation; and

Upon determination of probable cause by the prosecutor, the
information against the child shall be filed before the Family Court
(iv) other skills which will aid the child in dealing with situations
within forty-five (45) days from the start of the preliminary
which can lead to repetition of the offense;
investigation.
(8) Participation in available community-based programs, including
CHAPTER 4
community service; or
COURT PROCEEDINGS

(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9)
herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of
the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b)
above;
24
Sec. 34. Bail. - For purposes of recommending the amount of bail,
the privileged mitigating circumstance of minority shall be
considered.
Sec. 35. Release on Recognizance. - Where a child is detained, the
court shall order:
(a) the release of the minor on recognizance to his/her parents and
other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth
rehabilitation center.

The court shall not order the detention of a child in a jail pending
trial or hearing of his/her
Sec. 36. Detention of the Child Pending Trial. - Children detained
pending trial may be released on bail or recognizance as provided
for under Sections 34 and 35 under this Act. In all other cases and
whenever possible, detention pending trial may be replaced by
alternative measures, such as close supervision, intensive care or
placement with a family or in an educational setting or home.
Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for the shortest possible
period of
Whenever detention is necessary, a child will always be detained in
youth detention homes established by local governments,
pursuant to Section 8 of the Family Courts Act, in the city or
municipality where the child
In the absence of a youth detention home, the child in conflict with
the law may be committed to the care of the DSWD or a local
rehabilitation center recognized by the government in the
province, city or municipality within the jurisdiction of the court.
The center or agency concerned shall be responsible for the child's
appearance in court whenever
Sec. 37. Diversion Measures. - Where the maximum penalty
imposed by law for the offense with which the child in conflict with
the law is charged is imprisonment of not more than twelve (12)
years, regardless of the fine or fine alone regardless of the amount,
and before arraignment of the child in conflict with the law, the
court shall determine whether or not diversion is appropriate.
Sec. 38. Automatic Suspension of Sentence. - Once the child who is
under eighteen (18) years of age at the time of the commission of
the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted
from the offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall
still be applied even if the juvenile is already eighteen years (18) of
age or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various
chcumstances of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the
Sec. 39. Discharge of the Child in Conflict with the Law. - Upon the
recommendation of the social worker who has custody of the
child, the court shall dismiss the case against the child whose
sentence has been suspended and against whom disposition
measures have been issued, and shall order the final discharge of
the child if it finds that the objective of the disposition measures
25
have been fulfilled.
case. The discharge of the child in conflict with the law shall not affect
the civil liability resulting from the commission of the offense,
which shall be enforced in accordance with law.
Sec. 40. Return of the Child in Conflict with the Law to Court. - If
the court finds that the objective of the disposition measures
imposed upon the child in conflict with the law have not been
fulfilled, or if the child in conflict with the law has willfully failed to
comply with the conditions of his/her disposition or rehabilitation
program, the child in conflict with the law shall be brought before
time. the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years
of age while under suspended sentence, the court shall determine
whether to discharge the child in accordance with this Act, to
resides. order execution of sentence, or to extend the suspended sentence
for a certain specified period or until the child reaches the
maximum age of twenty-one (21) years.
Sec. 41. Credit in Service of Sentence. - The child in conflict with
the law shall be credited in the services of his/her sentence with
the full time spent in actual commitment and detention under this
required. Act.
Sec. 42. Probation as an Alternative to Imprisonment. - The court
may, after it shall have convicted and sentenced a child in conflict
with the law, and upon application at any time, place the child on
probation in lieu of service of his/her sentence taking into account
the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the "Probation
Law of 1976", is hereby amended accordingly.
CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
Sec. 43. Confedentiality of Records and Proceedings. - All records
and proceedings involving children in conflict with the law from
initial contact until final disposition of the case shall be considered
privileged and confidential. The public shall be excluded during the
proceedings and the records shall not be disclosed directly or
indirectly to anyone by any of the parties or the participants in the
proceedings for any purpose whatsoever, except to determine if
the child in conflict with the law may have his/hes sentence
suspended or if he/she may be granted probation under the
Probation Law, or to enforce the civil liability imposed in the
Law. criminal action.
The component authorities shall undertake all measures to protect
this confidentiality of proceedings, including non-disclosure of
records to the media, maintaining a separate police blotter for
cases involving children in conflict with the law and adopting a
system of coding to conceal material information which will lead to
the child's identity. Records of a child in conflict with the law shall
not be used in subsequent proceedings for cases involving the
same offender as an adult, except when beneficial for the offender
and upon his/her written consent.
A person who has been in conflict with the law as a child shall not
be held under any provision of law, to be guilty of perjury or of
concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in
response to any inquiry made to him/her for any purpose.
TITLE VI
REHABILITATION AND REINTEGRATION
Sec. 44. Objective of Rehabilitation and Reintegration. - The
objective of rehabilitation and reintegration of children in conflict
with the law is to provide them with interventions, approaches and
strategies that will enable them to improve their social functioning
with the end goal of reintegration to their families and as
productive members of their communities.
Sec. 45. Court Order Required. - No child shall be received in any
rehabilitation or training facility without a valid order issued by the
court after a hearing for the purpose. The details of this order shall
be immediately entered in a register exclusively for children in
conflict with the law. No child shall be admitted in any facility
where there is no such register.
Sec. 46, Separate Facilities from Adults. - In all rehabilitation or
training facilities, it shall be mandatory that children shall be
separated from adults unless they are members of the same
family. Under no other circumstance shall a child in conflict with
the law be placed in the same confinement as adults.
The rehabilitation, training or confinement area of children in
conflict with the law shall provide a home environment where
children in conflict with the law can be provided with quality
counseling and treatment.
Sec. 47. Female Children. - Female children in conflict with the law
placed in an institution shall be given special attention as to their
personal needs and problems. They shall be handled by female
doctors, correction officers and social workers, and shall be
accommodated separately from male children in conflict with the
law.
Sec. 48. Gender-Sensitivity Training. - No personnel of
rehabilitation and training facilities shall handle children in conflict
with the law without having undergone gender sensitivity training.
Sec. 49. Establishment of Youth Detention Homes. - The LGUs shall
set aside an amount to build youth detention homes as mandated
by the Family Courts Act. Youth detention homes may also be
established by private and NGOs licensed and accredited by the
DSWD, in consultation with the JJWC.
Sec. 50. Care and Maintenance of the Child in Conflict with the
Law. - The expenses for the care and maintenance of a child in
26
conflict with the law under institutional care shall be borne by
his/her parents or those persons liable to support him/her:
Provided, That in case his/her parents or those persons liable to
support him/her cannot pay all or part of said expenses, the
municipality where the offense was committed shall pay one-third
(1/3) of said expenses or part thereof; the province to which the
municipality belongs shall pay one-third (1/3) and the remaining
one-third (1/3) shall be borne by the national government.
Chartered cities shall pay two-thirds (2/3) of said expenses; and in
case a chartered city cannot pay said expenses, part of the internal
revenue allotments applicable to the unpaid portion shall be
withheld and applied to the settlement of said obligations:
Provided, further, That in the event that the child in conflict with
the law is not a resident of the municipality/city where the offense
was committed, the court, upon its determination, may require the
city/municipality where the child in conflict with the law resides to
shoulder the cost.
All city and provincial governments must exert effort for the
immediate establishment of local detention homes for children in
conflict with the law.
Sec. 51. Confinement of Convicted Children in Agricultural Camps
and other Training Facilities. - A child in conflict with the law may,
after conviction and upon order of the court, be made to serve
his/her sentence, in lieu of confinement in a regular penal
institution, in an agricultural camp and other training facilities that
may be established, maintained, supervised and controlled by the
BUCOR, in coordination with the DSWD.
Sec. 52. Rehabilitation of Children in Conflict with the Law. -
Children in conflict with the law, whose sentences are suspended
may, upon order of the court, undergo any or a combination of
disposition measures best suited to the rehabilitation and welfare
of the child as provided in the Supreme Court Rule on Juveniles in
Conflict with the Law.
If the community-based rehabilitation is availed of by a child in
conflict with the law, he/she shall be released to parents,
guardians, relatives or any other responsible person in the
community. Under the supervision and guidance of the local social
welfare and development officer, and in coordination with his/her
parents/guardian, the child in conflict with the law shall participate
in community-based programs, which shall include, but not limited
to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services;
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the
law shall endeavor to actively participate in the community-based
rehabilitation.
Based on the progress of the youth in the community, a final
report will be forwarded by the local social welfare and
development officer to the court for final disposition of the case.
If the community-based programs are provided as diversion
measures under Chapter II, Title V, the programs enumerated
above shall be made available to the child in conflict with the law.
Sec. 53. Youth Rehabilitation Center. - The youth rehabilitation
center shall provide 24-hour group care, treatment and
rehabilitation services under the guidance of a trained staff where
residents are cared for under a structured therapeutic
environment with the end view of reintegrating them in their
families and communities as socially functioning individuals. A
quarterly report shall be submitted by the center to the proper
court on the progress of the children in conflict with the law. Based
on the progress of the youth in the center, a final report will be
forwarded to the court for final disposition of the case. The DSWD
shall establish youth rehabilitation centers in each region of the
country.
Sec. 54. Objectives of Community Based Programs. - The objectives
of community-based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of
the child in conflict with the law in case he/she is studying, working
or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from
his/her parents/guardians to maintain the support system fostered
by their relationship and to create greater awareness of their
mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in
conflict with the law and encourage community support and
involvement; and
(d) Minimize the stigma that attaches to the child in conflict with
the law by preventing jail detention.
Sec. 55. Criteria of Community-Based Programs. - Every LGU shall
establish community-based programs that will focus on the
rehabilitation and reintegration of the child. All programs shall
meet the criteria to be established by the JJWC which shall take
27
into account the purpose of the program, the need for the consent
of the child and his/her parents or legal guardians, and the
participation of the child-centered agencies whether public or
private.
Sec. 56. After-Care Support Services for Children in Conflict with
the Law. - Children in conflict with the law whose cases have been
dismissed by the proper court because of good behavior as per
recommendation of the DSWD social worker and/or any accredited
NGO youth rehabilitation center shall be provided after-care
services by the local social welfare and development officer for a
period of at least six (6) months. The service includes counseling
and other community-based services designed to facilitate social
reintegration, prevent re-offending and make the children
productive members of the community.
TITLE VII
GENERAL.PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
Sec. 57. Status Offenees. - Any conduct not considered an offense
or not penalized if committed by an adult shall not be considered
an offense and shall not be punished if committed by a child.
Sec. 58. Offenses Not Applicable to Children. - Persons below
eighteen (18) years of age shall be exempt from prosecution for
the crime of vagrancy and prostitution under Section 202 of the
Revised Penal Code, of mendicancy under Presidential Decree No.
1563, and sniffing of rugby under Presidential Decree No. 1619,
such prosecution being inconsistent with the United Nations
Convention on the Rights of the Child: Provided, That said persons
shall undergo appropriate counseling and treatment program.
Sec. 59. Exemption from the Application of Death Penalty. - The
provisions of the Revised Penal Code, as amended, Republic Act
No. 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002, and other special laws notwithstanding, no
death penalty shall be imposed upon children in conflict with the
law.
CHAPTER 2
PROHIBITED ACTS
Sec. 60. Prohibition Against Labeling and Shaming. - In the conduct
of the proceedings beginning from the initial contact with the
child, the competent authorities must refrain from branding or
labeling children as young criminals, juvenile delinquents,
prostitutes or attaching to them in any manner any other
derogatory names. Likewise, no discriminatory remarks and
practices shall be allowed particularly with respect to the child's
class or ethnic origin.
Sec. 61. Other Prohibited Acts. - The following and any other
similar acts shall be considered prejudicial and detrimental to the
psychological, emotional, social, spiritual, moral and physical
health and well-being of the child in conflict with the law and
therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such
as cursing, beating, stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of
punishment such as shaving the heads, pouring irritating, corrosive
or harmful substances over the body of the child in conflict with
the law, or forcing him/her to walk around the community wearing
signs which embarrass, humiliate, and degrade his/her personality
and dignity;
(d) Compelling the child to perform involuntary servitude in any
and all forms under any and all instances.
CHAPTER
PENAL PROVISION
Sec. 62. Violation of the Provisions of this Act or Rules or
Regulations in General. - Any person who violates any provision of
this Act or any rule or regulation promulgated in accordance
thereof shall, upon conviction for each act or omission, be
punished by a fine of not less than Twenty thousand pesos
(P20,000.00) but not more than Fifty thousand pesos (P50,000.00)
or suffer imprisonment of not less than eight (8) years but not
more than ten (10) years, or both such fine and imprisonment at
the discretion of the court, unless a higher penalty is provided for
in the Revised Penal Code or special laws. If the offender is a public
officer or employee, he/she shall, in addition to such fine and/or
imprisonment, be held administratively liable and shall suffer the
penalty of perpetual absolute disqualification.
CHAPTER
APPROPRIATION PROVISION
Sec. 63. Appropriations. - The amount necessary to carry out the
initial implementation of this Act shall be charged to the Office of
the President. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the
succeeding General Appropriations
An initial amount of Fifty million pesos (P50,000,000.00) for the
purpose of setting up the JJWC shall be taken from the proceeds of
the Philippine Charity Sweepstakes Office.
TITLE
TRANSITORY PROVISIONS
Sec. 64. Children in Conflict with the Law Fifteen (15) Years Old and
Below. - Upon effectivity of this Act, cases of children fifteen (15)
years old and below at the time of the commission of the crime
shall immediately be dismissed and the child shall be referred to
28
the appropriate local social welfare and development officer. Such
officer, upon thorough assessment of the child, shall determine
whether to release the child to the custody of his/her parents, or
refer the child to prevention programs as provided under this Act.
Those with suspended sentences and undergoing rehabilitation at
the youth rehabilitation center shall likewise be released, unless it
is contrary to the best interest of the child.
Sec. 65. Children Detained Pending Dial. - If the child is detained
pending trial, the Family Court shall also determine whether or not
continued detention is necessary and, if not, determine
appropriate alternatives for detention.
If detention is necessary and he/she is detained with adults, the
and court shall immediately order the transfer of the child to a youth
detention home.
Sec. 66. Inventory of "Locked-up" and Detained Children in Conflict
with the Law. - The PNP, the BJMP and the BUCOR are hereby
3 directed to submit to the JJWC, within ninety (90) days from the
effectivity of this Act, an inventory of all children in conflict with
the law under their custody.
Sec. 67. Children Who Reach the Age of Eighteen (18) Years
Pending Diversion and Court Proceedings. - If a child reaches the
age of eighteen (18) years pending diversion and court
proceedings, the appropriate diversion authority in consultation
with the local social welfare and development officer or the Family
Court in consultation with the Social Services and Counseling
Division (SSCD) of the Supreme Court, as the case may be, shall
determine the appropriate disposition. In case the appropriate
court executes the judgment of conviction, and unless the child in
conflict the law has already availed of probation under Presidential
Decree No. 603 or other similar laws, the child may apply for
probation if qualified under the provisions of the Probation Law.
4
Sec. 68. Children Who Have Been Convicted and are Serving
Sentence. - Persons who have been convicted and are serving
sentence at the time of the effectivity of this Act, and who were
below the age of eighteen (18) years at the time the commission of
the offense for which they were convicted and are serving
sentence, shall likewise benefit from the retroactive application of
this Act. They shall be entitled to appropriate dispositions provided
Act.
under this Act and their sentences shall be adjusted accordingly.
They shall be immediately released if they are so qualified under
this Act or other applicable law.
TITLE IX
FINAL PROVISIONS
VIII
Sec. 69. Rule Making Power. - The JJWC shall issue the IRRs for the
implementation of the provisions of this act within ninety (90) days
from the effectivity thereof.
Sec. 70. Separability Clause. - If, for any reason, any section or
provision of this Act is declared unconstitutional or invalid by the
Supreme Court, the other sections or provisions hereof not dfected
by such declaration shall remain in force and effect.
Sec. 71. Repealing Clause. - All existing laws, orders, decrees, rules
and regulations or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Sec. 72. Effectivity. - This Act shall take effect after fifteen (15) days
from its publication in at least two (2) national newspapers of
general circulation.
Approved: April 28, 2006
REPUBLIC ACT NO. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO
AND VIDEO VOYEURISM, PRESCRIBING PENALTIES
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of
the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the"Anti-
Photo and Video Voyeurism Act of 2009".
Sec. 2. Declaration of Policy. - The State values the dignity and
privacy of every human person and guarantees full respect
for human rights. Toward this end, the State shall penalize
acts that would destroy the honor, dignity and integrity of a
person.
Sec. 3. Definition of Terms. - For purposes of this Act, the
term:
(a) "Broadcast" means to make public, by any
means, a visual image with the intent that it be
viewed by a person or persons.
(b) "Capture" with respect to an image, means to
videotape, photograph, film, record by any means,
or broadcast.
(c) "Female breast" means any portion of the female
breast.
(d) "Photo or video voyeurism" means the act of
taking photo or video coverage of a person or group
of persons performing sexual act or any similar
activity or of capturing an image of the private area
of a person or persons without the latter's consent,
under circumstances in which such person/s
has/have a reasonable expectation of privacy, or the
act of selling, copying, reproducing, broadcasting,
29
sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones
and similar means or device without the written
consent of the person/s involved, notwithstanding
that consent to record or take photo or video
coverage of same was given by such person's.
(e) "Private area of a person" means the naked or
undergarment clad genitals, public area, buttocks or
female breast of an individual.
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means believe
that he/she could disrobe in privacy, without being
concerned that an image or a private area of the
person was being captured; or circumstances in
which a reasonable person would believe that a
private area of the person would not be visible to
the public, regardless of whether that person is in a
public or private place.
Sec. 4. Prohibited Acts. - It is hereby prohibited and declared
unlawful for any person:
(a) To take photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or to capture an image of the private
area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks or
female breast without the consent of the person/s
involved and under circumstances in which the
person/s has/have a reasonable expectation of
privacy;
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration;
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or
(d) To publish or broadcast, or cause to be published
or broadcast, whether in print or broadcast media,
or show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and
other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s. Any
person who violates this provision shall be liable for photo or
video voyeurism as defined herein.
Sec. 5. Penalties. - The penalty of imprisonment of not less
that three (3) years but not more than seven (7) years and a
fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand
pesos (P500,000.00), or both, at the discretion of the court
shall be imposed upon any person found guilty of violating
Section 4 of this Act.
If the violator is a juridical person, its license or franchise shall
be automatically be deemed revoked and the persons liable
shall be the officers thereof including the editor and reporter
in the case of print media, and the station manager, editor
and broadcaster in the case of a broadcast media.
If the offender is a public officer or employee, or a
professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to
deportation proceedings after serving his/her sentence and
payment of fines.
Sec. 6. Exemption. - Nothing contained in this Act, however,
shall render it unlawful or punishable for any peace officer,
who is authorized by a written order of the court, to use the
record or any copy thereof as evidence in any civil, criminal
investigation or trial of the crime of photo or video
voyeurism: Provided, That such written order shall only be
issued or granted upon written application and the
examination under oath or affirmation of the applicant and
the witnesses he/she may produce, and upon showing that
there are reasonable grounds to believe that photo or video
voyeurism has been committed or is about to be committed,
and that the evidence to be obtained is essential to the
conviction of any person for, or to the solution or prevention
of such, crime.
Sec. 7. Inadmissibility of Evidence. - Any record, photo or
video, or copy thereof, obtained or secured by any person in
violation of the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
Sec. 8. Separability Clause. - If any provision or part hereof is
held invalid or unconstitutional, the remaining provisions not
affected thereby shall remain valid and subsisting.
Sec. 9. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction ,
administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby
repealed, modified or amended accordingly.
Sec. 10. Effectivity Clause. - This Act shall take effect fifteen
(15) days after its complete publication in the Official Gazette
or in two(2) newspapers of general circulation.
Approved
This Act which is a consolidation of Senate Bill No. 2357 and
House Bill No. 6571 was finally passed by the Senate and the
House of Representatives on December 1, 2009 and
November 18, 2009, respectively.
Approved: FEB 15, 2010
Republic Act No. 9516
December 22, 2008
AN ACT FURTHER AMENDING THE PROVISIONS OF
PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
30
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION
OF FIREARMS, AMMUNITION OR EXPLOSIVES OR
INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER
PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR
OTHER RELEVANT PURPOSES"
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
Section 1. Sec. 3 of Presidential Decree No. 1866, as
amended, is hereby further amended to read as follows:
"Sec. 3. Unlawful Manufacture, Sales, Acquisition, Disposition,
Importation or Possession of an Explosive or Incendiary
Device. - The penalty of reclusion perpetua shall be imposed
upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or
possess any explosive or incendiary device, with knowledge
of its existence and its explosive or incendiary character,
where the explosive or incendiary device is capable of
producing destructive effect on contiguous objects or causing
injury or death to any person, including but not limited to,
hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov
cocktail bomb', 'fire bomb', and other similar explosive and
incendiary devices.
"Provided, That mere possession of any explosive or
incendiary device shall be prima facie evidence that the
person had knowledge of the existence and the explosive or
incendiary character of the device.
"Provided, however, That a temporary, incidental, casual,
harmless, or transient possession or control of any explosive
or incendiary device, without the knowledge of its existence
or its explosive or incendiary character, shall not be a
violation of this Sec..
"Provided, Further, That the temporary, incidental, casual,
harmless, or transient possession or control of any explosive
or incendiary device for the sole purpose of surrendering it to
the proper authorities shall not be a violation of this Sec..
"Provided, finally, That in addition to the instances provided
in the two (2) immediately preceeding paragraphs, the court
may determine the absence of the intent to possess,
otherwise referred to as 'animus possidendi", in accordance
with the facts and circumstances of each case and the
application of other pertinent laws, among other things,
Articles 11 and 12 of the Revised Penal Code, as amended."
Sec. 2. Sec. 4 of Presidential Decree No. 1866, as amended, is
hereby further amended to read as follows:chan
roblesvirtullawlibrary
"SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Sec. 3. Insert a new Sec. 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-
Disposition, Importation or Possession of a Part, Ingredient, E, 4-E and 4-F in Presidential Decree No. 1866 to read as
Machinery, Tool or Instrument Used or Intended to be Used follows:
for the Manufacture, Construction, Assembly, Delivery or
Detonation. - The penalty of reclusion perpetua shall be
imposed upon any person who shall willfully and unlawfully
"Sec. 3-B. Penalty for the Owner, President, Manager,
manufacture, assemble, deal in, acquire, dispose, import or
Director or Other Responsible Officer of Any Public or Private
possess any part, ingredient, machinery, tool or instrument of
Firm, Company, Corporation or Entity. - The penalty of
any explosive or incendiary device, whether chemical,
reclusion perpetua shall be imposed upon the owner,
mechanical, electronic, electrical or otherwise, used or
president, manager, director or other responsible officer of
intended to be used by that person for its manufacture,
any public or private firm, company, corporation or entity,
construction, assembly, delivery or detonation, where the
who shall willfully or knowingly allow any explosive or
explosive or incendiary device is capable or is intended to be
incendiary device or parts thereof owned or controlled by
made capable of producing destructive effect on contiguous
such firm, company, corporation or entity to be used by any
objects or causing injury or death to any person.
person or persons found guilty of violating the provisions of
the preceding paragraphs.

"Provided, That the mere possession of any part, ingredient,

machinery, tool or instrument directly used in the
"Sec. 3-C. Relationship of Other Crimes with a Violation of this
manufacture, construction, assembly, delivery or detonation
Decree and the Penalty Therefor. - When a violation of Sec. 3,
of any explosive or incendiary device, by any person whose
3-A or 3-B of this Decree is a necessary means for committing
business activity, or employment does not lawfully deal with
any of the crimes defined in the Revised Penal Code or special
the possession of such article shall be prima facie evidence
laws, or is in furtherance of, incident to, in connection with,
that such article is intended to be used by that person in the
by reason of, or on occassion of any of the crimes defined in
unlawful/illegal manufacture, construction, assembly,
the Revised Penal Code or special laws, the penalty of
delivery or detonation of an explosive or incendiary device.
reclusion perpetua and a fine ranging from One hundred
Thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00) shall be imposed.
"Provided, however, That a temporary incidental, casual,
harmless or transient possession or control of any part,
machinery, tool or instrument directly used in the
"Sec. 3-D. Former Conviction or Acquittal; Double Jeopardy. -
manufacture, construction, assembly, delivery or detonation
Subject to the provisions of the Rules of Court on double
of any explosive or incendiary device, without the knowledge
jeopardy, if the application thereof is more favorable to the
of its existence or character as part, ingredient, machinery,
accused, the conviction or acquittal of the accused or the
tool or instrument directly used in the manufacture,
dismissal of the case for violation of this Decree shall be a bar
construction, assembly, delivery or detonation of any
to another prosecution of the same accused for any offense
explosive or incendiary device, shall not be a violation of this
where the violation of this Decree was a necessary means for
Sec..
committing the offense or in furtherance of which, incident
to which, in connection with which, by reason of which, or on
occasion of which, the violation of this Decree was
"Provided, Further, That the temporary, incidental, casual, committed, and vice versa.
harmless, or transient possession or control of any part,
ingredient, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation
"Sec. 4. Responsibility and liability of Law Enforcement
of any explosive or incendiary device for the sole purpose of
Agencies and Other Government Officials and Employees in
surrendering it to the proper authorities shall not be a
Testifying as Prosecution Witnesses. - Any member of law
violation of this Sec..
enforcement agencies or any other government official and
employee who, after due notice, fails or refuses, intentionally
or negligently, to appear as a witness for the prosecution of
"Provided, finally, That in addition to the instances provided the defense in any proceeding, involving violations of this
in the two (2) immediately preceeding paragraphs, the court Decree, without any valid reason, shall be punished with
may determine the absence of the intent to possess, reclusion temporal and a fine of Five hundred Thousand
otherwise referred to as 'animus possidendi', in accordance pesos (P500,000.00) in addition to the administrative liability
with the facts and circumstances of each case and the he/she may be meted out by his/her immediate superior
application of other pertinent laws, among other things, and/or appropriate body.
Articles 11 and 12 of the Revised Penal Code, as amended."
31

"The immediate superior of the member of the law
enforcement agency or any other government employee
mentioned in the preceding paragraph shall be penalized with
prision correccional and a fine of not less than Ten Thousand
pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute
disqualification from public office if despite due notice to
them and to the witness concerned, the former does not
exert reasonable effort to present the latter to the court.
"The member of the law enforcement agency or any other
government employee mentioned in the preceding
paragraphs shall not be transferred or reassigned to any
other government office located in another territorial
jurisdiction during the pendency of the case in court.
However, the concerned member of the law enforcement
agency or government employee may be transferred or
reassigned for compelling reasons: Provided, That his/her
immediate superior shall notify the court where the case is
pending of the order to transfer or reassign, within twenty-
four (24) hours from its approval: Provided, further, That
his/her immediate superior shall be penalized with prision
correccional and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute
disqualification from public office, should he/she fail to notify
the court of such order to transfer or reassign.
"Prosecution and punishment under this Sec. shall be without
prejudice to any liability for violation of any existing law.
"SEC 4-A. Criminal Liability for Planting of Evidence. - Any
person who is found guilty of 'planting' any explosive or
incendiary device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether
chemical, mechanical, electronic, electrical or otherwise, shall
suffer the penalty of reclusion perpetua.
"Planting of evidence shall mean the willful act by any person
of maliciously and surreptitiously inserting, placing, adding or
attaching, directly or indirectly, through any overt or covert
act, whatever quantity of any explosive or incendiary device
or any part, ingredient, machinery, tool or instrument of any
explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise in the person,
house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating incriminating or
imputing the commission of any violation of this Decree.
32
"Sec. 4-B. Continuous Trial. - In cases involving violations of
this Decree, the judge shall set the case for continuous trial
on a daily basis from Monday to Friday or other short-term
trial calendar so as to ensure speedy trial. Such case shall be
terminated within ninety (90) days from arraignment of the
accused.
"Sec. 4-C. Authority to Import, Sell or Possess Chemicals or
Accessories for Explosives. - Only persons or entities issued a
manufacturer's license, dealer's license or purchaser's license
by the Philippine National Police (PNP)-Firearms and
Explosives Division may import any of the chemical or
accessories that can be used in the manufacture of explosives
or explosive ingredients from foreign suppliers, or possess or
sell them to licensed dealers or end users, as the case may
be.
"Sec. 4-D. Types of Chemicals/Accessories Covered. - The
chemicals and accessories mentioned in the preceding Sec.
shall exclusively refer to chlorates, nitrates, nitric acid and
such other chemicals and accessories that can be used for the
manufacture of explosives and explosive ingredients.
"Sec. 4-E. Record of Transactions. - Any person or entity who
intends to import, sell or possess the aforecited chemicals or
accessories shall file an application with the chief of the PNP,
stating therein the purpose for which the license and/or
permit is sought and such other information as may be
required by the said official. The concerned person or entity
shall maintain a permanent record of all transactions entered
into in relation with the aforecited chemicals or accessories,
which documents shall be open to inspection by the
appropriate authorities.
"Sec. 4-F. Cancellation of License. - Failure to comply with the
provision of Sec. 4-C, 4-D and 4-E shall be sufficient cause for
the cancellation of the license and the confiscation of all such
chemicals or accessories, whether or not lawfully imported,
purchased or possessed by the subject person or entity."
Sec. 4. Separability Clause. - If, for any reason, any provision
of this Act is declared to be unconstitutional or invalid, the
other Sec.s or provisions thereof which are not affected
thereby shall continue to be in full force and effect.
Sec. 5. Repealing Clause. - All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed, amended, or modified
accordingly.
Sec. 6. Effecfivity. - This Act shall take effect after fifteen (15)
days following its publication in the Official Gazette or in two
(2) newspapers of general circulation.
This Act which is a consolidation of Senate Bill No. 2230 and
House Bill No. 3242 was finally passed by the Senate and the
House of Representative on October 8, 2008 and November
24, 2008, respectively.
Approved: December 22, 2008
Republic Act No. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
CHAPTER
PRELIMINARY PROVISIONS
SECTION 1. Title. This Act shall be known as the
Cybercrime Prevention Act of 2012.
SEC. 2. Declaration of Policy. The State recognizes the vital
role of information and communications industries such as
content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nations
overall social and economic development. The State also
recognizes the importance of providing an environment
conducive to the development, acceleration, and rational
application and exploitation of information and
communications technology (ICT) to attain free, easy, and
intelligible access to exchange and/or delivery of information;
and the need to protect and safeguard the integrity of
computer, computer and communications systems, networks,
and databases, and the confidentiality, integrity, and
availability of information and data stored therein, from all
forms of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts. In this
light, the State shall adopt sufficient powers to effectively
prevent and combat such offenses by facilitating their
detection, investigation, and prosecution at both the
domestic and international levels, and by providing
arrangements for fast and reliable international cooperation.
SEC. 3. Definition of Terms. For purposes of this Act, the
following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with,
storing data in, retrieving data from, or otherwise making use
of any resources of a computer system or communication
network.
(b) Alteration refers to the modification or change, in form or
substance, of an existing computer data or program.
(c) Communication refers to the transmission of information
through ICT media, including voice, video and other forms of
data.
33
(d) Computer refers to an electronic, magnetic, optical,
electrochemical, or other data processing or communications
device, or grouping of such devices, capable of performing
logical, arithmetic, routing, or storage functions and which
includes any storage facility or equipment or communications
facility or equipment directly related to or operating in
conjunction with such device. It covers any type of computer
device including devices with data processing capabilities like
mobile phones, smart phones, computer networks and other
devices connected to the internet.
(e) Computer data refers to any representation of facts,
information, or concepts in a form suitable for processing in a
computer system including a program suitable to cause a
computer system to perform a function and includes
electronic documents and/or electronic data messages
whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed
by the computer to achieve intended results.
(g) Computer system refers to any device or group of
interconnected or related devices, one or more of which,
pursuant to a program, performs automated processing of
I data. It covers any type of device with data processing
capabilities including, but not limited to, computers and
mobile phones. The device consisting of hardware and
software may include input, output and storage components
which may stand alone or be connected in a network or other
similar devices. It also includes computer data storage
devices or media.
(h) Without right refers to either: (i) conduct undertaken
without or in excess of authority; or (ii) conduct not covered
by established legal defenses, excuses, court orders,
justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the
electronic medium in which online communication takes
place.
(j) Critical infrastructure refers to the computer systems,
and/or networks, whether physical or virtual, and/or the
computer programs, computer data and/or traffic data so
vital to this country that the incapacity or destruction of or
interference with such system and assets would have a
debilitating impact on security, national or economic security,
national public health and safety, or any combination of
those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk
management approaches, actions, training, best practices,
assurance and technologies that can be used to protect the
cyber environment and organization and users assets.
(l) Database refers to a representation of information,
knowledge, facts, concepts, or instructions which are being
prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are
intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring
or surveillance of the content of communications, including
procuring of the content of data, either directly, through
access and use of a computer system or indirectly, through
the use of electronic eavesdropping or tapping devices, at the
same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its
service the ability to communicate by means of a computer
system; and
(2) Any other entity that processes or stores computer data
on behalf of such communication service or users of such
service.
(o) Subscribers information refers to any information
contained in the form of computer data or any other form
that is held by a service provider, relating to subscribers of its
services other than traffic or content data and by which
identity can be established:
(1) The type of communication service used, the technical
provisions taken thereto and the period of service;
(2) The subscribers identity, postal or geographic address,
telephone and other access numbers, any assigned network
address, billing and payment information, available on the
basis of the service agreement or arrangement; and
(3) Any other available information on the site of the
installation of communication equipment, available on the
basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer
data other than the content of the communication including,
but not limited to, the communications origin, destination,
route, time, date, size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses. The following acts constitute
the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and
availability of computer data and systems:
(1) Illegal Access. The access to the whole or any part of a
computer system without right.
(2) Illegal Interception. The interception made by technical
means without right of any non-public transmission of
computer data to, from, or within a computer system
including electromagnetic emissions from a computer system
carrying such computer data.
(3) Data Interference. The intentional or reckless
alteration, damaging, deletion or deterioration of computer
data, electronic document, or electronic data message,
without right, including the introduction or transmission of
viruses.
(4) System Interference. The intentional alteration or
reckless hindering or interference with the functioning of a
computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing
computer data or program, electronic document, or
electronic data message, without right or authority, including
the introduction or transmission of viruses.
(5) Misuse of Devices.
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(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or
adapted primarily for the purpose of committing any of the
offenses under this Act; or
(bb) A computer password, access code, or similar data by
which the whole or any part of a computer system is capable
of being accessed with intent that it be used for the purpose
of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs
5(i)(aa) or (bb) above with intent to use said devices for the
purpose of committing any of the offenses under this section.
(6) Cyber-squatting. The acquisition of a domain name over
the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same, if
such a domain name is:
(i) Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate government
agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person
other than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property
interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery.
(i) The input, alteration, or deletion of any computer data
without right resulting in inauthentic data with the intent that
it be considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly
readable and intelligible; or
(ii) The act of knowingly using computer data which is the
product of computer-related forgery as defined herein, for
the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. The unauthorized input,
alteration, or deletion of computer data or program or
interference in the functioning of a computer system, causing
damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be
one (1) degree lower.
(3) Computer-related Identity Theft. The intentional
acquisition, use, misuse, transfer, possession, alteration or
deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if
no damage has yet been caused, the penalty imposable shall
be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. The willful engagement, maintenance,
control, or operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.
(2) Child Pornography. The unlawful or prohibited acts
defined and punishable by Republic Act No. 9775 or the Anti-
Child Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to be imposed
shall be (1) one degree higher than that provided for in
Republic Act No. 9775.
(3) Unsolicited Commercial Communications. The
transmission of commercial electronic communication with
the use of computer system which seek to advertise, sell, or
offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service
and/or administrative announcements from the sender to its
existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a
simple, valid, and reliable way for the recipient to reject.
receipt of further commercial electronic messages (opt-out)
from the same source;
(bb) The commercial electronic communication does not
purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not
purposely include misleading information in any part of the
message in order to induce the recipients to read the
message.
(4) Libel. The unlawful or prohibited acts of libel as defined
in Article 355 of the Revised Penal Code, as amended,
committed through a computer system or any other similar
means which may be devised in the future.
SEC. 5. Other Offenses. The following acts shall also
constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. Any
person who willfully abets or aids in the commission of any of
the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. Any person
who willfully attempts to commit any of the offenses
enumerated in this Act shall be held liable.
SEC. 6. All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through
and with the use of information and communications
technologies shall be covered by the relevant provisions of
this Act: Provided, That the penalty to be imposed shall be
one (1) degree higher than that provided for by the Revised
Penal Code, as amended, and special laws, as the case may
be.
SEC. 7. Liability under Other Laws. A prosecution under this
Act shall be without prejudice to any liability for violation of
any provision of the Revised Penal Code, as amended, or
special laws.
CHAPTER III
PENALTIES
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SEC. 8. Penalties. Any person found guilty of any of the
punishable acts enumerated in Sections 4(a) and 4(b) of this
Act shall be punished with imprisonment of prision mayor or
a fine of at least Two hundred thousand pesos
(PhP200,000.00) up to a maximum amount commensurate to
the damage incurred or both.
Any person found guilty of the punishable act under Section
4(a)(5) shall be punished with imprisonment of prision
mayor or a fine of not more than Five hundred thousand
pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against
critical infrastructure, the penalty of reclusion temporal or a
fine of at least Five hundred thousand pesos (PhP500,000.00)
up to maximum amount commensurate to the damage
incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts
enumerated in Section 4(c)(1) of this Act shall be punished
with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but not exceeding
One million pesos (PhP1,000,000.00) or both.
Any person found guilty of any of the punishable acts
enumerated in Section 4(c)(2) of this Act shall be punished
with the penalties as enumerated in Republic Act No. 9775 or
the Anti-Child Pornography Act of 2009: Provided, That the
penalty to be imposed shall be one (1) degree higher than
that provided for in Republic Act No. 9775, if committed
through a computer system.
Any person found guilty of any of the punishable acts
enumerated in Section 4(c)(3) shall be punished with
imprisonment of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts
enumerated in Section 5 shall be punished with
imprisonment one (1) degree lower than that of the
prescribed penalty for the offense or a fine of at least One
hundred thousand pesos (PhP100,000.00) but not exceeding
Five hundred thousand pesos (PhP500,000.00) or both.
SEC. 9. Corporate Liability. When any of the punishable
acts herein defined are knowingly committed on behalf of or
for the benefit of a juridical person, by a natural person
acting either individually or as part of an organ of the juridical
person, who has a leading position within, based on: (a) a
power of representation of the juridical person provided the
act committed falls within the scope of such authority; (b) an
authority to take decisions on behalf of the juridical
person: Provided, That the act committed falls within the
scope of such authority; or (c) an authority to exercise control
within the juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Ten million pesos
(PhP10,000,000.00).
If the commission of any of the punishable acts herein
defined was made possible due to the lack of supervision or
control by a natural person referred to and described in the
preceding paragraph, for the benefit of that juridical person
by a natural person acting under its authority, the juridical
person shall be held liable for a fine equivalent to at least
double the fines imposable in Section 7 up to a maximum of
Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without
prejudice to the criminal liability of the natural person who
has committed the offense.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
SEC. 10. Law Enforcement Authorities. The National Bureau
of Investigation (NBI) and the Philippine National Police (PNP)
shall be responsible for the efficient and effective law
enforcement of the provisions of this Act. The NBI and the
PNP shall organize a cybercrime unit or center manned by
special investigators to exclusively handle cases involving
violations of this Act.
SEC. 11. Duties of Law Enforcement Authorities. To ensure
that the technical nature of cybercrime and its prevention is
given focus and considering the procedures involved for
international cooperation, law enforcement authorities
specifically the computer or technology crime divisions or
units responsible for the investigation of cybercrimes are
required to submit timely and regular reports including pre-
operation, post-operation and investigation results and such
other documents as may be required to the Department of
Justice (DOJ) for review and monitoring.
SEC. 12. Real-Time Collection of Traffic Data. Law
enforcement authorities, with due cause, shall be authorized
to collect or record by technical or electronic means traffic
data in real-time associated with specified communications
transmitted by means of a computer system.
Traffic data refer only to the communications origin,
destination, route, time, date, size, duration, or type of
underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will
require a court warrant.
Service providers are required to cooperate and assist law
enforcement authorities in the collection or recording of the
above-stated information.
The court warrant required under this section shall only be
issued or granted upon written application and the
examination under oath or affirmation of the applicant and
the witnesses he may produce and the showing: (1) that
there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed, or is
being committed, or is about to be committed: (2) that there
are reasonable grounds to believe that evidence that will be
obtained is essential to the conviction of any person for, or to
the solution of, or to the prevention of, any such crimes; and
(3) that there are no other means readily available for
obtaining such evidence.
SEC. 13. Preservation of Computer Data. The integrity of
traffic data and subscriber information relating to
communication services provided by a service provider shall
be preserved for a minimum period of six (6) months from
the date of the transaction. Content data shall be similarly
preserved for six (6) months from the date of receipt of the
order from law enforcement authorities requiring its
preservation.
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Law enforcement authorities may order a one-time extension
for another six (6) months: Provided, That once computer
data preserved, transmitted or stored by a service provider is
used as evidence in a case, the mere furnishing to such
service provider of the transmittal document to the Office of
the Prosecutor shall be deemed a notification to preserve the
computer data until the termination of the case.
The service provider ordered to preserve computer data shall
keep confidential the order and its compliance.
SEC. 14. Disclosure of Computer Data. Law enforcement
authorities, upon securing a court warrant, shall issue an
order requiring any person or service provider to disclose or
submit subscribers information, traffic data or relevant data
in his/its possession or control within seventy-two (72) hours
from receipt of the order in relation to a valid complaint
officially docketed and assigned for investigation and the
disclosure is necessary and relevant for the purpose of
investigation.
SEC. 15. Search, Seizure and Examination of Computer
Data. Where a search and seizure warrant is properly
issued, the law enforcement authorities shall likewise have
the following powers and duties.
Within the time period specified in the warrant, to conduct
interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage
medium;
(b) To make and retain a copy of those computer data
secured;
(c) To maintain the integrity of the relevant stored computer
data;
(d) To conduct forensic analysis or examination of the
computer data storage medium; and
(e) To render inaccessible or remove those computer data in
the accessed computer or computer and communications
network.
Pursuant thereof, the law enforcement authorities may order
any person who has knowledge about the functioning of the
computer system and the measures to protect and preserve
the computer data therein to provide, as is reasonable, the
necessary information, to enable the undertaking of the
search, seizure and examination.
Law enforcement authorities may request for an extension of
time to complete the examination of the computer data
storage medium and to make a return thereon but in no case
for a period longer than thirty (30) days from date of approval
by the court.
SEC. 16. Custody of Computer Data. All computer data,
including content and traffic data, examined under a proper
warrant shall, within forty-eight (48) hours after the
expiration of the period fixed therein, be deposited with the
court in a sealed package, and shall be accompanied by an
affidavit of the law enforcement authority executing it stating
the dates and times covered by the examination, and the law
enforcement authority who may access the deposit, among
other relevant data. The law enforcement authority shall also
certify that no duplicates or copies of the whole or any part
thereof have been made, or if made, that all such duplicates
or copies are included in the package deposited with the
court. The package so deposited shall not be opened, or the
recordings replayed, or used in evidence, or then contents
revealed, except upon order of the court, which shall not be
granted except upon motion, with due notice and
opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
SEC. 17. Destruction of Computer Data. Upon expiration of
the periods as provided in Sections 13 and 15, service
providers and law enforcement authorities, as the case may
be, shall immediately and completely destroy the computer
data subject of a preservation and examination.
SEC. 18. Exclusionary Rule. Any evidence procured without
a valid warrant or beyond the authority of the same shall be
inadmissible for any proceeding before any court or tribunal.
SEC. 19. Restricting or Blocking Access to Computer Data.
When a computer data is prima facie found to be in violation
of the provisions of this Act, the DOJ shall issue an order to
restrict or block access to such computer data.
SEC. 20. Noncompliance. Failure to comply with the
provisions of Chapter IV hereof specifically the orders from
law enforcement authorities shall be punished as a violation
of Presidential Decree No. 1829 with imprisonment of prision
correctional in its maximum period or a fine of One hundred
thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement
authorities.
CHAPTER V
JURISDICTION
SEC. 21. Jurisdiction. The Regional Trial Court shall have
jurisdiction over any violation of the provisions of this Act.
including any violation committed by a Filipino national
regardless of the place of commission. Jurisdiction shall lie if
any of the elements was committed within the Philippines or
committed with the use of any computer system wholly or
partly situated in the country, or when by such commission
any damage is caused to a natural or juridical person who, at
the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned
by specially trained judges to handle cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Sec. 22. General Principles Relating to International
Cooperation All relevant international instruments on
international cooperation in criminal matters, arrangements
agreed on the basis of uniform or reciprocal legislation, and
domestic laws, to the widest extent possible for the purposes
of investigations or proceedings concerning criminal offenses
related to computer systems and data, or for the collection of
evidence in electronic form of a criminal, offense shall be
given full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
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SEC 23. Department of Justice (DOJ). There is hereby
created an Office of Cybercrime within the DOJ designated as
the central authority in all matters related to international
mutual assistance and extradition.
SEC. 24. Cybercrime Investigation and Coordinating Center.
There is hereby created, within thirty (30) days from the
effectivity of this Act, an inter-agency body to be known as
the Cybercrime Investigation and Coordinating Center (CICC),
under the administrative supervision of the Office of the
President, for policy coordination among concerned agencies
and for the formulation and enforcement of the national
cybersecurity plan.
SEC. 25. Composition. The CICC shall be headed by the
Executive Director of the Information and Communications
Technology Office under the Department of Science and
Technology (ICTO-DOST) as Chairperson with the Director of
the NBI as Vice Chairperson; the Chief of the PNP; Head of the
DOJ Office of Cybercrime; and one (1) representative from
the private sector and academe, as members. The CICC shall
be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies.
SEC. 26. Powers and Functions. The CICC shall have the
following powers and functions:
(a) To formulate a national cybersecurity plan and extend
immediate assistance for the suppression of real-time
commission of cybercrime offenses through a computer
emergency response team (CERT);
(b) To coordinate the preparation of appropriate and
effective measures to prevent and suppress cybercrime
activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by
participating law enforcement and prosecution agencies;
(d) To facilitate international cooperation on intelligence,
investigations, training and capacity building related to
cybercrime prevention, suppression and prosecution;
(e) To coordinate the support and participation of the
business sector, local government units and nongovernment
organizations in cybercrime prevention programs and other
related projects;
(f) To recommend the enactment of appropriate laws,
issuances, measures and policies;
(g) To call upon any government agency to render assistance
in the accomplishment of the CICCs mandated tasks and
functions; and
(h) To perform all other matters related to cybercrime
prevention and suppression, including capacity building and
such other functions and duties as may be necessary for the
proper implementation of this Act.
CHAPTER VIII
FINAL PROVISIONS
SEC. 27. Appropriations. The amount of Fifty million pesos
(PhP50,000,000.00) shall be appropriated annually for the
implementation of this Act.

SEC. 28. Implementing Rules and Regulations. The ICTO-

DOST, the DOJ and the Department of the Interior and Local
Government (DILG) shall jointly formulate the necessary rules
and regulations within ninety (90) days from approval of this
Act, for its effective implementation.

SEC. 29. Separability Clause If any provision of this Act is

held invalid, the other provisions not affected shall remain in
full force and effect.

SEC. 30. Repealing Clause. All laws, decrees or rules

inconsistent with this Act are hereby repealed or modified
accordingly. Section 33(a) of Republic Act No. 8792 or the
Electronic Commerce Act is hereby modified accordingly.

SEC. 31. Effectivity. This Act shall take effect fifteen (15)
days after the completion of its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation.

Approved: SEP 12 2012

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