Article 337. Qualified seduction.
- The seduction of a virgin over twelve years and
(Title 11 - Revised Penal Code) Crimes Against Chastity
Chapter One
 ADULTERY AND CONCUBINAGE
Article 333. Who are guilty of adultery. - Adultery is committed by any married woman
who shall have sexual intercourse with a man not her husband and by the man who has
carnal knowledge of her knowing her to be married, even if the marriage be subsequently
declared void.
Adultery shall be punished by prision correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that provided
in the next preceding paragraph shall be imposed.
Article 334. Concubinage. - Any husband who shall keep a mistress in the conjugal
dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman
who is not his wife, or shall cohabit with her in any other place, shall be punished by
prision correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
Chapter Two
 RAPE AND ACTS OF LASCIVIOUSNESS
Article 335. When and how rape is committed. - Rape is committed by having carnal
knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
 those in government-owned or controlled corporations, he shall also suffer the penalty
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be
present.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty
shall be death.
When rape is attempted or frustrated and a homicide is committed by reason or on the
occasion thereof, the penalty shall be likewise death.
When by reason or on the occasion of the rape, a homicide is committed, the penalty
shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111,
approved June 20, 1964).
Article 336. Acts of lasciviousness. - Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished by prision correccional.
Chapter Three
 SEDUCTION, CORRUPTION OF MINORS AND WHITE
SLAVE TRADE
under eighteen years of age, committed by any person in public authority, priest, home-
servant, domestic, guardian, teacher, or any person who, in any capacity, shall be
entrusted with the education or custody of the woman seduced, shall be punished by
prision correccional in its minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall seduce
his sister or descendant, whether or not she be a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the offender has
carnal knowledge of any of the persons and under the circumstances described herein.
Article 338. Simple seduction. - The seduction of a woman who is single or a widow
of good reputation, over twelve but under eighteen years of age, committed by means of
deceit, shall be punished by arresto mayor.
Article 339. Acts of lasciviousness with the consent of the offended party. - The
penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness
committed by the same persons and the same circumstances as those provided in Articles
337 and 338.
Article 340. Corruption of minors. - Any person who shall promote or facilitate the
prostitution or corruption of persons underage to satisfy the lust of another, shall be
punished by prision mayor, and if the culprit is a pubic officer or employee, including
of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).
Article 341. White slave trade. - The penalty of prision mayor in its medium and
maximum period shall be imposed upon any person who, in any manner, or under any
pretext, shall engage in the business or shall profit by prostitution or shall enlist the
services of any other for the purpose of prostitution (As amended by Batas Pambansa
Blg. 186.)
Chapter Four ABDUCTION
Article 342. Forcible abduction. - The abduction of any woman against her will and
with lewd designs shall be punished by reclusion temporal.
The same penalty shall be imposed in every case, if the female abducted be under twelve
years of age.
Article 343. Consented abduction. - The abduction of a virgin over twelve years and
under eighteen years of age, carried out with her consent and with lewd designs, shall be
punished by the penalty of prision correccional in its minimum and medium periods.
Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE
ELEVEN
Article 344. Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness. - The crimes of adultery and concubinage
shall not be prosecuted except upon a complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution without including both the
guilty parties, if they are both alive, nor, in any case, if he shall have consented or
pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned
by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the
offender with the offended party shall extinguish the criminal action or remit the penalty
already imposed upon him. The provisions of this paragraph shall also be applicable to
the co-principals, accomplices and accessories after the fact of the above- mentioned
crimes.
Article 345. Civil liability of persons guilty of crimes against chastity. - Person guilty
of rape, seduction or abduction, shall also be sentenced:
1. To indemnify the offended woman.
 (5) Giving monetary consideration goods or other pecuniary benefit
2. To acknowledge the offspring, unless the law should prevent him from so
doing.
3. In every case to support the offspring.
The adulterer and the concubine in the case provided for in Articles 333 and 334 may
also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify
for damages caused to the offended spouse.
Article 346. Liability of ascendants, guardians, teachers, or other persons
entrusted with the custody of the offended party. - The ascendants, guardians,
curators, teachers and any person who, by abuse of authority or confidential
relationships, shall cooperate as accomplices in the perpetration of the crimes embraced
in chapters, second, third and fourth, of this title, shall be punished as principals.
Teachers or other persons in any other capacity entrusted with the education and
guidance of youth, shall also suffer the penalty of temporary special disqualification in its
maximum period to perpetual special disqualification.
Any person falling within the terms of this article, and any other person guilty of
corruption of minors for the benefit of another, shall be punished by special
disqualification from filling the office of guardian.
Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (R.A. No. 7610, as amended)
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution
which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child
as prostitute;
(4) Threatening or using violence towards a child to engage him as
a prostitute; or
to a child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with
a child exploited in prostitution or subject to other sexual abuse; Provided,
That when the victims is under twelve (12) years of age, the perpetrators shall
be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or
owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover
or which engages in prostitution in addition to the activity for which the license
has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit
child prostitution under Section 5, paragraph (a) hereof when any person who, not being
a relative of a child, is found alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would
lead a reasonable person to believe that the child is about to be exploited in prostitution
and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar establishments. A penalty lower by two (2)
degrees than that prescribed for the consummated felony under Section 5 hereof shall be
imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.
Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208)
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer
or harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud, deception, abuse of power
or of position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a person
having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for
the purpose of exploitation shall also be considered as "trafficking in persons"
even if it does not involve any of the means set forth in the preceding
paragraph.
(c) Prostitution - refers to any act, transaction, scheme or design involving the
use of a person by another, for sexual intercourse or lascivious conduct in
exchange for money, profit or any other consideration.
(e) Sex Tourism - refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation
periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or
the production of pornographic materials as a result of being subjected to a
threat, deception, coercion, abduction, force, abuse of authority, debt bondage,
fraud or through abuse of a victim's vulnerability.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955,
any Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude
or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or
use of force, fraud, deceit, violence, coercion, or intimidation for the purpose
of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.
Anti-Violence Against Women and Their Children Act of 2004 R.A. No. 9262
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but
is not limited to, the following acts:
B. "Sexual violence" refers to an act which is sexual in nature, committed against
a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman
or her child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the
victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover
to live in the conjugal home or sleep together in the same room with
the abuser;
b) acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
 c) Prostituting the woman or child.
SECTION 5. Acts of Violence Against Women and Their Children. - The crime of
violence against women and their children is committed through any of the following
acts:
(g) Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her child
or her/his immediate family;
(Title 6 - Revised Penal Code) Crimes Against Morals
Title Six
 CRIMES AGAINST PUBLIC MORALS
Chapter One
 GAMBLING AND BETTING
Article 195. What acts are punishable in gambling. - (a) The penalty of arresto mayor
or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of
arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed
upon:
1. Any person other than those referred to in subsections (b) and (c) who, in
any manner shall directly, or indirectly take part in any game of monte, jueteng
or any other form of lottery, policy, banking, or percentage game, dog races,
or any other game of scheme the result of which depends wholly or chiefly
upon chance or hazard; or wherein wagers consisting of money, articles of
value or representative of value are made; or in the exploitation or use of any
other mechanical invention or contrivance to determine by chance the loser or
winner of money or any object or representative of value.
2. Any person who shall knowingly permit any form of gambling referred to
in the preceding subdivision to be carried on in any unhabited or uninhabited
place of any building, vessel or other means of transportation owned or
controlled by him. If the place where gambling is carried on has the reputation
of a gambling place or that prohibited gambling is frequently carried on
therein, the culprit shall be punished by the penalty provided for in this article
in its maximum period.
(b) The penalty of prision correccional in its maximum degree shall be imposed upon the
maintainer, conductor, or banker in a game of jueteng or any similar game.
(c) The penalty of prision correccional in its medium degree shall be imposed upon any
person who shall, knowingly and without lawful purpose, have in his possession and
lottery list, paper or other matter containing letters, figures, signs or symbols which
pertain to or are in any manner used in the game of jueteng or any similar game which
has taken place or about to take place.
Article 196. Importation, sale and possession of lottery tickets or advertisements.
- The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of
the court, shall be imposed upon any person who shall import into the Philippine Islands
from any foreign place or port any lottery ticket or advertisement or, in connivance with
the importer, shall sell or distribute the same.
Any person who shall knowingly and with intent to use them, have in his possession
lottery tickets or advertisements, or shall sell or distribute the same without connivance
with the importer of the same, shall be punished by arresto menor, or a fine not exceeding
200 pesos, or both, in the discretion of the court.
The possession of any lottery ticket or advertisement shall be prima facie evidence of an
intent to sell, distribute or use the same in the Philippine Islands.
Article 197. Betting in sports contests. - The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be imposed upon any person who shall bet money or
any object or article of value or representative of value upon the result of any boxing or
other sports contests.
Article 198. Illegal betting on horse race. - The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be imposed upon any person who except during the
period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine
ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under
the same circumstances, shall maintain or employ a totalizer or other device or scheme
for betting on horse races or realizing any profit therefrom.
For the purposes of this article, any race held in the same day at the same place shall be
held punishable as a separate offense, and if the same be committed by any partnership,
corporation or association, the president and the directors or managers thereof shall be
deemed to be principals in the offense if they have consented to or knowingly tolerated
its commission.
Article 199. Illegal cockfighting. - The penalty of arresto menor or a fine not exceeding
200 pesos, or both, in the discretion of the court, shall be imposed upon:
1. Any person who directly or indirectly participates in cockfights, by betting
money or other valuable things, or who organizes cockfights at which bets are
made, on a day other than those permitted by law.
2. Any person who directly or indirectly participates in cockfights, at a place
other than a licensed cockpit.
Chapter Two
 OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Article 200. Grave scandal. - The penalties of arresto mayor and public censure shall be
imposed upon any person who shall offend against decency or good customs by any
highly scandalous conduct not expressly falling within any other article of this Code.
Article 201. Immoral doctrines, obscene publications and exhibitions and
indecent shows. - The penalty of prision mayor or a fine ranging from six thousand to
twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon:
(1) Those who shall publicly expound or proclaim doctrines openly contrary
to public morals;
(2) (a) the authors of obscene literature, published with their knowledge in any
form; the editors publishing such literature; and the owners/operators of the
establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those which (1) glorify criminals
or condone crimes; (2) serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or religion; (4) tend to abet
traffic in and use of prohibited drugs; and (5) are contrary to law, public order,
morals, and good customs, established policies, lawful orders, decrees and
edicts;
(3) Those who shall sell, give away or exhibit films, prints, engravings,
sculpture or literature which are offensive to morals. (As amended by PD Nos.
960 and 969).
Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants:
 at stake or made;
1. Any person having no apparent means of subsistence, who has the physical
ability to work and who
neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places
or trampling or wandering about the country or the streets without visible
means of support;
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or
pimps and those who habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of
this Code, shall be found loitering in any inhabited or uninhabited place
belonging to another without any lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished
by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto
mayor in its medium period to prision correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the court.
P.D. 1602 – Anti-Gambling Act as amended by R.A. 928;
Section 1. Penalties. The following penalties are hereby imposed:
(a) The penalty of prison correccional in its medium period of a fine ranging
from one thousand to six thousand pesos, and in case of recidivism, the penalty
of prision mayor in its medium period or a fine ranging from five thousand to
ten thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-
sections who in any manner, shall directly or indirectly take part in
any illegal or unauthorized activities or games of cockfighting,
jueteng, jai alai or horse racing to include bookie operations and
game fixing, numbers, bingo and other forms of lotteries; cara y
cruz, pompiang and the like; 7-11 and any game using dice; black
jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao,
pangguingue and other card games; paik que, high and low,
mahjong, domino and other games using plastic tiles and the likes;
slot machines, roulette, pinball and other mechanical contraptions
and devices; dog racing, boat racing, car racing and other forms of
races, basketball, boxing, volleyball, bowling, pingpong and other
forms of individual or team contests to include game fixing, point
shaving and other machinations; banking or percentage game, or any
other game scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative of value are
2. Any person who shall knowingly permit any form of gambling
referred to in the preceding subparagraph to be carried on in
inhabited or uninhabited place or in any building, vessel or other
means of transportation owned or controlled by him. If the place
where gambling is carried on has a reputation of a gambling place
or that prohibited gambling is frequently carried on therein, or the
place is a public or government building or barangay hall, the
malfactor shall be punished by prision correccional in its maximum
period and a fine of six thousand pesos.
(b) The penalty of prision correccional in its maximum period or a fine of six
thousand pesos shall be imposed upon the maintainer or conductor of the
above gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute
disqualification or a fine of six thousand pesos shall be imposed if the
maintainer, conductor or banker of said gambling schemes is a government
official, or where such government official is the player, promoter, referee,
umpire, judge or coach in case of game fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging
from four hundred to two thousand pesos shall be imposed upon any person
who shall, knowingly and without lawful purpose in any hour of any day,
possess any lottery list, paper or other matter containing letters, figures, signs
or symbols pertaining to or in any manner used in the games of jueteng, jai-
alai or horse racing bookies, and similar games of lotteries and numbers which
have taken place or about to take place.
 (e) The penalty of temporary absolute disqualifications shall be imposed upon
any barangay official who, with knowledge of the existence of a gambling
house or place in his jurisdiction fails to abate the same or take action in
connection therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging
from five hundred pesos to two thousand pesos shall be imposed upon any
security officer, security guard, watchman, private or house detective of hotels,
villages, buildings, enclosures and the like which have the reputation of a
gambling place or where gambling activities are being held.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as
amended, Republic Act No. 3063, Presidential Decrees Numbered 483, 449, 510 and
1306, letters of instructions, laws, executive orders, rules and regulations, city and
municipal ordinances which are inconsistent with this Decree are hereby repealed.
Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995);
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons
performing sexual act or any similar activity or to capture an image of the
private area of a person/s such as the naked or undergarment clad genitals,
public area, buttocks or female breast without the consent of the person/s
involved and under circumstances in which the person/s has/have a
reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo
or video or recording of sexual act or any similar activity with or without
consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video
or recording of sexual act, whether it be the original copy or reproduction
thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in
print or broadcast media, or show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that
consent to record or take photo or video coverage of the same was given by such
person/s. Any person who violates this provision shall be liable for photo or video
voyeurism as defined herein.
R.A. 10158, March 27, 2012;
Section 1. Article 202 of the Revised Penal Code is hereby, amended to read as follows:
"Article 202. Prostitutes; Penalty. – For the purposes of this article, women who, for
money or profit, habitually indulge in sexual intercourse or lascivious conduct, are
deemed to be prostitutes.
"Any person found guilty of any of the offenses covered by this article shall be punished
by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto
mayor in its medium period to prision correctional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the court."
Section 2. Effect on Pending Cases. – All pending cases under the provisions of
Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this Act
shall be dismissed upon effectivity of this Act.
Section 3. Immediate Release of Convicted Persons. – All persons serving sentence
for violation of the provisions of Article 202 of the Revised Penal Code on Vagrancy
prior to its amendment by this Act shall be immediately released upon effectivity of this
Act: Provided, That they are not serving sentence or detained for any other offense or
felony.
Creation of the MTRCB P.D. No. 1986
Section 3. Powers and Functions. - The BOARD shall have the following functions,
powers and duties:
c) To approve or disapprove, delete objectionable portions from and/or
prohibit the importation, exportation, production, copying, distribution, sale,
lease, exhibition and/or television broadcast of the motion pictures, television
programs and publicity materials subject of the preceding paragraph, which, in
the judgment of the board applying contemporary Filipino cultural values as
standard, are objectionable for being immoral, indecent, contrary to law
and/or good customs, injurious to the prestige of the Republic of the
Philippines or its people, or with a dangerous tendency to encourage the
commission of violence or of wrong or crime, such as but not limited to:
i) Those which tend to incite subversion, insurrection, rebellion or
sedition against the State, or otherwise threaten the economic
and/or political stability of the State;
ii) Those which tend to undermine the faith and confidence of the
people in their government and/or the duly constituted
authorities;lawphil.net
iii) Those which glorify criminals or condone crimes;
iv) Those which serve no other purpose but to satisfy the market for
violence or pornography;
v) Those which tend to abet the traffic in and use of prohibited
drugs;
vi) Those which are libelous or defamatory to the good name and
reputation of any person, whether living or dead; and
vii) Those which may constitute contempt of court or of any quasi-
judicial tribunal, or pertain to matter which are sub-judice in nature.

Article 290 of the Revised Penal Code specifically punishes the discovery of secrets
through seizure of correspondence. Under this, the penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 500 pesos shall be imposed
against any person who: (1) is a private individual or even a public officer not in the
exercise of his official function; (2) seizes papers or letters of another; (3) has the purpose
of discovering the secrets of such another person; and (4) is informed of the contents of
the papers or letters seized.
The provision shall not be applicable to parents, guardians, or persons entrusted with the
custody of minors with respect to the papers or letters of the children or minors placed
under their care or study, nor to spouses with respect to the papers or letters of either of
them.
Similarly, Article 230 of the same Code also punishes revelations of secrets. Under this
article, the penalty of arresto mayor and a fine not exceeding 1,000 pesos shall be imposed
against any person who: (1) is a public officer; (2) knows of a secret of private individual
by reason of his office; and (3) he reveals such secrets without authority or justifiable
reason.
The distinction is that in Article 230, the public officer comes to know the secret of any
private individual by reason of his office, whereas in Article 290, the offender who is a
private individual seizes papers or letters of another to discover the secrets of the latter.
It is important to note that in Article 230, it is not necessary the secrets are contained in
letters or papers.
B. Article 291
Article 291 of the Revised Penal Code specifically punishes the revelation of secrets with
the abuse of office. Under this, the penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed against any person who: (1) is a manager, employee, or servant;
(2) learns the secrets of his principal; and (3) reveals such secrets.
Paragraph 1 of Article 229 of the same Code likewise punishes revelations of secrets.
Under this article, the penalty of prision correccional in its medium and maximum
periods, perpetual disqualification and a fine not exceeding 2,000 pesos shall be imposed
against any person who, by reason of his official capacity: (1) knows a secret, (2) reveals
such secret without authority or justifiable reason, (3) causes serious damage to the public
interest.
The difference is that in Article 229, the secrets of a private individual is not included and
such revelation must cause serious damage to the public interest, whereas in Article 291,
what is contemplated is the secret of offender’s principal or master and that damage is
not necessary.
Note: Article 229 and Article 230 are found in Title Seven of the Code or Crimes
Committed by Public Officers because the what is penalized under these articles is the
fact that such public officer does an unlawful conduct. On the other hand, Article 230
and Article 290 are found in Title Nine or Crimes Against Personal Security or Liberty
because the act penalized is the revelation of secrets done by a private individual.
C. Article 292
Article 292 of the Revised Penal Code specifically punishes the revelation of industrial
secrets. Under this, the penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be imposed against any person: (1) who
is a person in charge, employee or workman of a manufacturing or industrial
establishment; (2) who reveals secret of the industry which has learned through the
manufacturing or industrial establishment; and (3) whose revelation caused prejudice to
the owner.
Republic Act No. 9745 also punishes acts that are violative of the confidentiality of
secrets. The striking difference is the time or period when the act is committed. In R.A.
9745, the offender still has no access to the information. What the law contemplates are
those violative acts committed prior to the offender’s knowledge of the information —
obtaining such information or secrets by inflicting torture. Whereas in Article 292, the
offender, through the manufacturing or industrial establishment, already learned or had
access or knowledge of the information and decided to reveal it.
As held in the case of Air Philippines Corporation v. Pennswell Inc., the detailed list of
ingredients or composition of the subject lubricant products which Air Philippines
Corporation seeks to be disclosed are trade secrets of respondent Pennswell, hence,
privileged against compulsory disclosure. The court ruled that the alleged trade secrets
comprises of the ingredients and formulation of Pennswell’s lubricant products which
are unknown to the public and peculiar only to penswell. It would therefore constitute as
a violation of Article 292 of the Revised Penal Code to disclose and reveal such trade
secrets.[46]
Article 292 and R.A. No. 9745 are found in the Revised Penal Code and a Special law,
respectively, because the former serves only as suppletory to the latter, insofar as the
provisions are applicable. This contemplates cases wherein the commission of any crime
punishable under Title Nine (Crimes Against Personal Security and Liberty) of the
Revised Penal Code is attended by any of the acts constituting torture and other cruel,
inhuman and degrading treatment or punishment.
D. Anti-Wire Tapping Act (R.A. No. 4200)
Under the Anti-Wire Tapping Act, the penalty of imprisonment for not less than six
months or more than six years shall be imposed against any person who: (1) not being
authorized by all the parties to any private communication or spoken word (a) taps any
wire of cable or (b) uses any other device or arrangement, to secretly overhear, intercept,
or record such communication or spoken word by using a device commonly known as a
dictaphone or dictagraph or walkie talkie or tape recorder; and (2) regardless of his
participation in the above-mentioned acts (a) knowingly possesses any tape record, wire
record, disc record, or any other such record or copies thereof of any communication or
spoken word, (b) replays the same for any other person, or (c) communicates the contents
thereof, whether complete or partial, to any other person.
The difference between Discovery and Revelations of Secrets under Articles 290-292 and
Anti-Wire Tapping Act is that in the latter, it penalizes the act of secretly overhearing,
intercepting or recording private communications by means of devices, whereas in the
former, the act punishable is the revelation of secrets that are already known to the
offender by reason his employment or office.
Surveillance of Suspects and Interception and Recording Communication (Sec 7 of the Human Security
Act) and R.A No. 4200 (Anti-Wiretapping Law).
In the Anti- Wiretapping Law, it is unlawful for any person, not being authorized by all
the parties to any private communication or spoken word, to tap any wire or cable, or by
using any other device or arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as a dictaphone or
dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise
described. However, shall render it unlawful or punishable for any peace officer, who is
authorized by a written order of the Court, to execute any of the acts declared to be
unlawful in the two preceding sections in cases involving the crimes of treason,
espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas,
rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised
Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and
other offenses against national security…[54]

Sec. 7 of the Human Security Act, likewise, provides authority to a police or law
enforcement official and members of his team, upon written order of the CA, to listen
to, intercept, and record any communication between members or a judicially declared
and outlawed terrorist organization or group of persons or of any person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism except
communications between: lawyers and clients; doctors and patients; journalists and their
sources; and confidential business correspondence.