REPUBLIC ACT NO.

7659 Likewise, an alien, residing in the Philippines, who commits acts of treason
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES,
AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED,
OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES
WHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1) thereof,
states "Excessive fines shall not be imposed nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. . .";
WHEREAS, the crimes punishable by death under this Act are heinous for being
grievous, odious and hateful offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of decency and morality in a just,
civilized and ordered society;
as defined in paragraph 1 of this Article shall be punished by reclusion
temporal to death and shall pay a fine not to exceed 100,000 pesos."
Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is
hereby amended to read as follows:
"Section Three. - Piracy and mutiny on the high seas or in the Philippine
waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine
waters. - The penalty of reclusion perpetua shall be inflicted upon any
person who, on the high seas, or in Philippine waters, shall attack or seize a
vessel or, not being a member of its complement nor a passenger, shall
seize the whole or part of the cargo of said vessel, its equipment or
passengers.

WHEREAS, due to the alarming upsurge of such crimes which has resulted not only in
the loss of human lives and wanton destruction of property but also affected the
nation's efforts towards sustainable economic development and prosperity while at
the same time has undermined the people's faith in the Government and the latter's
ability to maintain peace and order in the country;
WHEREAS, the Congress, in the justice, public order and the rule of law, and the
need to rationalize and harmonize the penal sanctions for heinous crimes, finds
compelling reasons to impose the death penalty for said crimes;
The same penalty shall be inflicted in case of mutiny on the high seas or in
Philippine waters."
Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall
be imposed upon those who commit any of the crimes referred to in the
preceding article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon
the same;

Now, therefore,
Section 1. Declaration of Policy. - It is
foster and ensure not only obedience
measures as would effectively promote
protection of life, liberty and property,
which are essential for the enjoyment by
in a just and humane society;
2. Whenever the pirates have abandoned their victims without
means of saving themselves or;
hereby declared the policy of the State to
to its authority, but also to adopt such 3. Whenever the crime is accompanied by murder, homicide,
the maintenance of peace and order, the physical injuries or rape."
and the promotion of the general welfare
all the people of the blessings of democracy
Section 4. There shall be incorporated after Article 211 of the same Code a new
article to read as follows:

Section 2. Article 114 of the Revised Penal Code, as amended, is hereby amended
to read as follows:
"Art. 114. Treason. - Any Filipino citizen who levies war against the
Philippines or adheres to her enemies giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua to death
and shall pay a fine not to exceed 100,000 pesos."
No person shall be convicted of treason unless on the testimony of two
witnesses at least to the same overt act or on confession of the accused in
open court.
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"Art. 211-A. Qualified Bribery. - If any public officer is entrusted with law
enforcement and he refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present, he shall suffer the
penalty for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall
suffer the penalty of death."
Section 5. The penalty of death for parricide under Article 246 of the same Code is
hereby restored, so that it shall read as follows:
 "Art. 246. Parricide. - Any person who shall kill his father, mother, or child,
whether legitimate of illegitimate, or any of his ascendants, or descendants,
or his spouse, shall be guilty of parricide and shall be punished by the
penalty of reclusion perpetua to death."
Section 6. Article 248 of the same Code is hereby amended to read as follows:
"Art. 248. Murder. - Any person who, not falling within the provisions of
Article 246 shall kill another, shall be guilty of murder and shall be punished
by reclusion perpetua, to death if committed with any of the following
attendant circumstances:
1. With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall of
an airship, or by means of motor vehicles, or with the use of any
other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse."
Section 7. Article 255 of the same Code is hereby amended to read as follows:
"Art. 255. Infanticide. - The penalty provided for parricide in Article 246 and
for murder in Article 248 shall be imposed upon any person who shall kill
any child less than three days of age.
If any crime penalized in this Article be committed by the mother of the child
for the purpose of concealing her dishonor, she shall suffer the penalty of
prision mayor in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or either of
them, the penalty shall be reclusion temporal."
Section 8. Article 267 of the same Code is hereby amended to read as follows:
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"Art. 267. Kidnapping and serious illegal detention. - Any private individual
who shall kidnap or detain another, or in any other manner deprive him of
his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than three
days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have
been made.
4. If the person kidnapped or detained shall be a minor, except
when the accused is any of the parents, female or a public officer.
The penalty shall be death penalty where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or any other
person, even if none of the circumstances above-mentioned were present in
the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is
raped, or is subjected to torture or dehumanizing acts, the maximum
penalty shall be imposed."
Section 9. Article 294 of the same Code is hereby amended to read as follows:
"Art. 294. Robbery with violence against or intimidation of persons -
Penalties. - Any person guilty of robbery with the use of violence against or
intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on
occasion of the robbery, the crime of homicide shall have been
committed, or when the robbery shall have been accompanied by
rape or intentional mutilation or arson.
2. The penalty of reclusion temporal in its medium period to
reclusion perpetua, when or if by reason or on occasion of such
robbery, any of the physical injuries penalized in subdivision I of
Article 263 shall have been inflicted.
3. The penalty of reclusion temporal, when by reason or on occasion
of the robbery, any of the physical injuries penalized in subdivision 2
of the article mentioned in the next preceding paragraph, shall have
been inflicted.
 4. The penalty of prision mayor in its maximum period to reclusion
temporal in its medium period, if the violence or intimidation
employed in the commission of the robbery shall have been carried
to a degree clearly unnecessary for the commission of the crime, or
when in the course of its execution, the offender shall have inflicted
upon any person not responsible for its commission any of the
physical injuries covered by subdivisions 3 and 4 of said Article 263.
5. The penalty of prision correccional in its maximum period to
prision mayor in its medium period in other cases."
Section 10. Article 320 of the same Code is hereby amended to read as follows:
"Art. 320. Destructive Arson. - The penalty of reclusion perpetua to death
shall be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single
act of burning, or as a result of simultaneous burnings, committed
on several or different occasions.
2. Any building of public or private ownership, devoted to the public
in general or where people usually gather or congregate for a
definite purpose such as, but not limited to, official governmental
function or business, private transaction, commerce, trade,
workshop, meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels, motels, transient
dwellings, public conveyances or stops or terminals, regardless of
whether the offender had knowledge that there are persons in said
building or edifice at the time it is set on fire and regardless also of
whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or conveyance, or for public use,
entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of public
utilities.
5. Any building the burning of which is for the purpose of concealing
or destroying evidence of another violation of law, or for the
purpose of concealing bankruptcy or defrauding creditors or to
collect from insurance.
Irrespective of the application of the above enumerated qualifying
circumstances, the penalty of reclusion perpetua to death shall likewise be
imposed when the arson is perpetrated or committed by two (2) or more
persons or by a group of persons, regardless of whether their purpose is
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merely to burn or destroy the building or the burning merely constitutes an
overt act in the commission or another violation of law.
The penalty of reclusion perpetua to death shall also be imposed upon any
person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordnance, storehouse, archives or general museum of the
Government.
2. In an inhabited place, any storehouse or factory of inflammable
or explosive materials.
If as a consequence of the commission of any of the acts penalized
under this Article, death results, the mandatory penalty of death
shall be imposed."
Section 11. Article 335 of the same Code is hereby amended to read as follows:
"Art. 335. When and how rape is committed. - Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious;
and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon
or by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion perpetua to
death.
When by reason or on the occasion of the rape, a homicide is committed,
the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed
with any of the following attendant circumstances:
 1. when the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the
common-law-spouse of the parent of the victim.
2. when the victim is under the custody of the police or military
authorities.
3. when the rape is committed in full view of the husband, parent,
any of the children or other relatives within the third degree of
consanguinity.
4. when the victim is a religious or a child below seven (7) years
old.
5. when the offender knows that he is afflicted with Acquired
Immune Deficiency Syndrome (AIDS) disease.
6. when committed by any member of the Armed Forces of the
Philippines or the Philippine National Police or any law enforcement
agency.
7. when by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation."
Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the
Crime of Plunder) is hereby amended to read as follows:
"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer
who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or
series of overt criminal acts as described in Section 1 (d) hereof in the
aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be
punished by reclusion perpetua to death. Any person who participated with
the said public officer in the commission of an offense contributing to the
crime of plunder shall likewise be punished for such offense. In the
imposition of penalties, the degree of participation and the attendance of
mitigating and extenuating circumstances, as provided by the Revised Penal
Code, shall be considered by the court. The court shall declare any and all
ill-gotten wealth and their interests and other incomes and assets including
the properties and shares of stocks derived from the deposit or investment
thereof forfeited in favor of the State."
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act 1972, are hereby amended to read as
follows:
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"Sec. 3. Importation of Prohibited Drugs. - The penalty of reclusion perpetua
to death and a fine ranging from five hundred thousand pesos to ten million
pesos shall be imposed upon any person who, unless authorized by law,
shall import or bring into the Philippines any prohibited drug.
"Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of
Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine
from five hundred thousand pesos to ten million pesos shall be imposed
upon any person who, unless authorized by law, shall sell, administer,
deliver, give away to another, distribute, dispatch in transit or transport any
prohibited drug, or shall act as a broker in any of such transactions.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if
the victim of the offense is a minor, or should a prohibited drug involved in
any offense under this Section be the proximate cause of the death of a
victim thereof, the maximum penalty herein provided shall be imposed.
"Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. -
The penalty of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort where
any prohibited drug is used in any form or where such prohibited drugs in
quantities specified in Section 20, Paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the
maximum of the penalty shall be imposed in every case where a prohibited
drug is administered, delivered or sold to a minor who is allowed to use the
same in such place.
Should a prohibited drug be the proximate cause of the death of a person
using the same in such den, dive or resort, the maximum penalty herein
provided shall be imposed on the maintainer notwithstanding the provisions
of Section 20 of this Act to the contrary.
"Sec. 7. Manufacture of Prohibited Drug. - The penalty of reclusion perpetua
to death and fine ranging from five hundred thousand pesos to ten million
pesos shall be imposed upon any person who, unless authorized by law,
shall engage in the manufacture of any prohibited drug.
"Sec. 8. Possession or Use of Prohibited Drugs. - The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who, unless authorized
by law, shall possess or use any prohibited drug subject to the provisions of
Section 20 hereof.
"Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. - The
penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who
 shall plant, cultivate or culture any medium Indian hemp, opium poppy
(papaver somniferum), or any other plant which is or may hereafter be
classified as dangerous drug or from which any dangerous drug may be
manufactured or derived.
The land or portions hereof, and/or greenhouses on which any of said plants
is cultivated or cultured shall be confiscated and escheated to the State,
unless the owner thereof can prove that he did not know such cultivation or
culture despite the exercise of due diligence on his part.
If the land involved in is part of the public domain, the maximum of the
penalties herein provided shall be imposed upon the offender."
Section 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act of 1972, are hereby amended to read
as follows:
"Sec. 14. Importation of Regulated Drugs. - The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who, unless authorized
by law, shall import or bring any regulated drug in the Philippines.
"Sec. 14-A. Manufacture of Regulated Drugs. - The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who, unless authorized
by law, shall engage in the manufacture of any regulated drug.
"Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and
Distribution of Regulated Drugs. - The penalty of reclusion perpetua to death
and a fine ranging from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who, unless authorized by law, shall sell,
dispense, deliver, transport or distribute any regulated drug.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if
the victim of the offense is a minor, or should a regulated drug involved in
any offense under this Section be the proximate cause of the death of a
victim thereof, the maximum penalty herein provided shall be imposed."
Section 15. There shall be incorporated after Section 15 of Article III of Republic Act
No. 6425, as amended, known as the Dangerous Drug Act of 1972, a new section to
read as follows:
"Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. -
The penalty of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort where
any regulated drugs is used in any form, or where such regulated drugs in
quantities specified in Section 20, paragraph 1 of this Act are found.
5
Notwithstanding the provisions of Section 20 of this Act to the contrary, the
maximum penalty herein provided shall be imposed in every case where a
regulated drug is administered, delivered or sold to a minor who is allowed
to use the same in such place.
Should a regulated drug be the proximate cause of the death of a person
using the same in such den, dive or resort, the maximum penalty herein
provided shall be imposed on the maintainer notwithstanding the provisions
of Section 20 of this Act to the contrary."
Section 16. Section 16 of Article III of Republic Act No. 6425, as amended, known
as the Dangerous Drugs Act of 1972, is amended to read as follows:
"Sec. 16. Possession or Use of Regulated Drugs. - The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who shall possess or use
any regulated drug without the corresponding license or prescription, subject
to the provisions of Section 20 hereof."
Section 17. Section 20, Article IV of Republic Act No. 6425, as amended,
known as the Dangerous Drugs Act of 1972, is hereby amended to read as
follows:
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds
or Instruments of the Crime. - The penalties for offenses under Section 3, 4,
7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this
Act shall be applied if the dangerous drugs involved is in any of the following
quantities :
1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or methylamphetamine
hydrochloride;
4. 40 grams or more of heroin;
5. 750 grams or more of indian hemp or marijuana;
6. 50 grams or more of marijuana resin or marijuana resin oil;
7. 40 grams or more of cocaine or cocaine hydrochloride; or
8. In the case of other dangerous drugs, the quantity of which is far
beyond therapeutic requirements, as determined and promulgated
 by the Dangerous Drugs Board, after public consultations/hearings
conducted for the purpose.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalty shall range from prision correccional to reclusion perpetua
depending upon the quantity.
Every penalty imposed for the unlawful importation, sale, administration,
delivery, transportation or manufacture of dangerous drugs, the cultivation
of plants which are sources of dangerous drugs and the possession of any
opium pipe and other paraphernalia for dangerous drugs shall carry with it
the confiscation and forfeiture, in favor of the Government, of all the
proceeds of the crime including but not limited to money and other obtained
thereby and the instruments or tools with which it was committed, unless
they are the property of a third person not liable for the offense, but those
which are not of lawful commerce shall be ordered destroyed without delay.
Dangerous drugs and plant sources of such drugs as well as the proceeds or
instruments of the crime so confiscated and forfeited in favor of the
Government shall be turned over to the Board for proper disposal without
delay.
Any apprehending or arresting officer who misappropriates or misapplies or
fails to account for seized or confiscated dangerous drugs or plant-sources of
dangerous drugs or proceeds or instruments of the crime as are herein
defined shall after conviction be punished by the penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to
ten million pesos."
Section 18. There shall be incorporated after Section 20 of Republic Act No. 6425,
as amended, known as the Dangerous Drugs Act of 1972, a new section to read as
follows:
"Sec. 20-A. Plea-bargaining Provisions. - Any person charged under any
provision of this Act where the imposable penalty is reclusion perpetua to
death shall not be allowed to avail of the provision on plea bargaining."
Section 19. Section 24 of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, is hereby amended to read as follows :
"Sec. 24. Penalties for Government Official and Employees and Officers and
Members of Police Agencies and the Armed Forces, 'Planting' of Evidence. -
The maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12
and 13 of Article II and Sections 14, 14-A, 15(1), 16 and 19 of Article III
shall be imposed, if those found guilty of any of the said offenses are
government officials, employees or officers, including members of police
agencies and the armed forces.
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Any such above government official, employee or officer who is found guilty
of "planting" any dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13
of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the
person or in the immediate vicinity of another as evidence to implicate the
latter, shall suffer the same penalty as therein provided."
Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-
Carnapping Act of 1972, is hereby amended to read as follows:
"Sec. 14. Penalty for Carnapping. - Any person who is found guilty of
carnapping, as this term is defined in Section Two of this Act, shall,
irrespective of the value of motor vehicle taken, be punished by
imprisonment for not less than fourteen years and eight months and not
more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon things;
and by imprisonment for not less than seventeen years and four months and
not more than thirty years, when the carnapping is committed by means of
violence against or intimidation of any person, or force upon things; and the
penalty of reclusion perpetua to death shall be imposed when the owner,
driver or occupant of the carnapped motor vehicle is killed or raped in the
course of the commission of the carnapping or on the occasion thereof."
Section 21. Article 27 of the Revised Penal Code, as amended, is hereby amended
to read as follows:
"Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be
from twenty years and one day to forty years.
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve
years and one day to twenty years.
Prision mayor and temporary disqualification. - The duration of the penalties
of prision mayor and temporary disqualification shall be from six years and
one day to twelve years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case, it shall be that of the
principal penalty.
Prision correccional, suspension, and destierro. - The duration of the
penalties of prision correccional, suspension, and destierro shall be from six
months and one day to six years, except when the suspension is imposed as
an accessory penalty, in which case, its duration shall be that of the principal
penalty.
Arresto mayor. - The duration of the penalty of arresto mayor shall be from
one month and one day to six months.
Arresto menor. - The duration of the penalty of arresto menor shall be from
one day to thirty days.
 Bond to keep the peace. - The bond to keep the peace shall be required to
cover such period of time as the court may determine."
Section 22. Article 47 of the same Code is hereby amended to read as follows:
Art. 47. In what cases the death penalty shall not be imposed; Automatic
review of the Death Penalty Cases. - The death penalty shall be imposed in
all cases in which it must be imposed under existing laws, except when the
guilty person is below eighteen (18) years of age at the time of the
commission of the crime or is more than seventy years of age or when upon
appeal or automatic review of the case by the Supreme Court, the required
majority vote is not obtained for the imposition of the death penalty, in
which cases the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the trial court, the
records shall be forwarded to the Supreme Court for automatic review and
judgment by the Court en banc, within twenty (20) days but not earlier than
fifteen (15) days after promulgation of the judgment or notice of denial of
any motion for new trial or reconsideration. The transcript shall also be
forwarded within ten (10) days from the filing thereof by the stenographic
reporter."
Section 23. Article 62 of the same Code, as amended, is hereby amended to read as
follows :
"Art. 62. Effects of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. - Mitigating or aggravating
circumstances and habitual delinquency shall be taken into account for the
purpose of diminishing or increasing the penalty in conformity with the
following rules:
1. Aggravating circumstances which in themselves constitute a crime
specially punishable by law or which are included by the law in defining a
crime and prescribing the penalty therefor shall not be taken into account for
the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage was taken by the
offender of his public position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any
group who belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more persons
collaborating, confederating or mutually helping one another for purposes of
gain in the commission of any crime.
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2. The same rule shall apply with respect to any aggravating circumstances
inherent in the crime to such a degree that it must of necessity accompany
the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral
attributes of the offender, or from his private relations with the offended
party, or from any other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and accessories as to
whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in
the means employed to accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had knowledge of them at the time of
the execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects :
(a) Upon a third conviction the culprit shall be sentenced to the
penalty provided by law for the last crime of which he be found
guilty and to the additional penalty of prision correccional in its
medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and
to the additional penalty of prision mayor in its minimum and
medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor in its
maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two
penalties to be imposed upon the offender, in conformity herewith,
shall in no case exceed 30 years.
For purposes of this article, a person shall be deemed to be a
habitual delinquent, if within a period of ten years from the date of
his release or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, he is found
guilty of any of said crimes a third time or oftener.
Section 24. Article 81 of the same Code, as amended, is hereby amended to read as
follows :
"Art. 81. When and how the death penalty is to be executed. - The death
sentence shall be executed with preference to any other and shall consist in
 putting the person under sentence to death by electrocution. The death
sentence shall be executed under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the sufferings of the person under
the sentence during electrocution as well as during the proceedings prior to
the execution.

If the person under sentence so desires, he shall be anaesthetized at the

moment of the execution.

As soon as facilities are provided by the Bureau of Prisons, the method of

carrying out the sentence shall be changed to gas poisoning.

The death sentence shall be carried out not later than one (1) year after the
judgment has become final."

Section 25. Article 83 of the same Code is hereby amended to read as follows:

"Art. 83. Suspension of the execution of the death sentence. - The death
sentence shall not be inflicted upon a woman while she is pregnant or within
one (1) year after delivery, nor upon any person over seventy years of age.
In this last case, the death sentence shall be commuted to the penalty of
reclusion perpetua with the accessory penalties provided in Article 40.

In all cases where the death sentence has become final, the records of the
case shall be forwarded immediately by the Supreme Court to the Office of
the President for possible exercise of the pardoning power."

Section 26.<="" p="">

Section 27. If, for any reason or reasons, any part of the provision of this Act shall
be held to be unconstitutional or invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full force and effect.

Section 28. This Act shall take effect fifteen (15) days after its publication in two (2)
national newspapers of general circulation. The publication shall not be later than
seven (7) days after the approval hereof.

8
Republic of the Philippines of the President to grant executive clemency under Section 19, Article VII of the
Congress of the Philippines Constitutions.
Metro Manila
SEC. 5. This Act shall take effect immediately after its publication in two national
Thirteenth Congress newspapers of general circulation.
Second Regular Session
Approved,

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand and five.

Republic Act No. 9346 June 24, 2006

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE

PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. The imposition of the penalty of death is hereby prohibited.

Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No.
8177), otherwise known as the Act Designating Death by Lethal Injection is hereby
repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659),
otherwise known as the Death Penalty Law, and all other laws, executive orders and
decrees, insofar as they impose the death penalty are hereby repealed or amended
accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of
the nomenclature of the penalties of the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law violated does not make
use of the nomenclature of the penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose

sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be
eligible for parole under Act No. 4180, otherwise known as the Indeterminate
Sentence Law, as amended.

SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a
week for three consecutive weeks in a newspaper of general circulation of the names
of persons convicted of offenses punished with reclusion perpetua or life
imprisonment by reason of this Act who are being considered or recommend for
commutation or pardon; Provided, however, That nothing herein shall limit the power
9
REPUBLIC ACT NO. 10951, August 29, 2017
AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND
DAMAGE ON WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER
THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815,
OTHERWISE KNOWN AS "THE REVISED PENAL CODE", AS AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 9 of Act No. 3815, otherwise known as "The Revised Penal Code",
is hereby amended to read as follows:
"ART. 9. Grave felonies, less grave felonies and light felonies.- Grave felonies are
those to which the law attaches the capital punishment or penalties which in any of
their periods are afflictive, in accordance with Article 25 of this Code.
"Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the abovementioned article.
"Light felonies are those infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) or both is
provided."
SEC. 2. Article 26 of the same Act is hereby amended to read as follows:
"ART. 26. Fine.- When afflictive, correctional, or light penalty.- A fine, whether
imposed as a single or as an alternative penalty, shall be considered an afflictive
penalty, if it exceeds One million two hundred thousand pesos (P1, 200, 000); a
correctional penalty, if it does not exceed One million two hundred thousand pesos
(P1, 200, 000) but is not less than Forty thousand pesos (P40, 000); and a light
penalty, if be less than Forty thousand pesos (P40, 000)."
SEC. 3. Article 114 of the same Act, as amended by Republic Act No. 7659, is hereby
further amended to read as follows:
"ART. 114. Treason.- Any Filipino citizen who levies war against the Philippines or
adheres to her enemies, giving them aid or comfort within the Philippines or
elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not
to exceed Four million pesos (P4, 000,000).
10
"No person shall be convicted of treason unless on the testimony of two (2)
witnesses at least to the same over act or on confession of the accused in open
court.
"Likewise, an alien, residing in the Philippines, who commits acts of treason as
defined in paragraph 1 of this article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed Four million pesos (P4, 000,000)."
"Light felonies are those infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding Forty thousand pesos (P40,00) or both is
provided."
SEC. 4. Article 115 of the same Act is hereby amended to read as follows:
"ART. 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or
proposal to commit the crime of treason shall be punished respectively, by prision
mayor and a fine not exceeding Two million pesos (P2, 000, 000), and prision
correccional and a fine not exceeding One million pesos (P1, 000, 000)
SEC. 5. Article 129 of the same Act is hereby amended to read as follows:
"ART. 129. Search warrants maliciously obtained and abuse in the service of those
legally obtained. - In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine not exceeding Two
hundred thousand pesos (P200, 000) shall be imposed upon any public officer or
employee who shall procure a search warrant without just cause, or, having legally
procured the same, shall exceed his authority or use unnecessary severity in
executing the same."
SEC. 6. Article 136 of the same Act, as amended by Republic Act No. 6968, is hereby
further amended to read as follows:
"ART. 136. Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection. - The conspiracy and proposal to commit coup d'etat shall be punished
by prision mayor in its minimum period and a fine which shall not exceed One million
pesos (P1, 000, 000).
"The conspiracy and proposal to commit rebellion or insurrection shall be punished
respectively, by prision correccional in its maximum period and a fine which shall not
exceed One million pesos (P1, 000, 000) and by prision correccional in its medium
period and a fine not exceeding Four hundred thousand pesos (P400, 000)."
SEC. 7. Article 140 of the same Act is hereby amended to read as follows:
"ART. 140. Penalty for sedition.- The leader of a sedition shall suffer the penalty
of prision mayor in its minimum period and a fine not exceeding Two million pesos
(P2,000, 000).
"Other persons participating therein shall suffer the penalty of prision correccional in
its maximum period and a fine not exceeding One million pesos (P1, 000, 000)."
SEC. 8. Article 141 of the same Act is hereby amended to read as follows:
"ART. 141. Conspiracy to commit sedition. - Persons conspiring to commit the crime
of sedition shall be punished by prision correccional in its medium period and a fine
not exceeding Four hundred thousand pesos (P400,000)."
SEC. 9. Article 142 of the same Act is hereby amended to read as follows:
"ART. 142. Inciting to sedition.- The penalty of prision correccional in its maximum
period and a fine not exceeding Four hundred thousand pesos (P400, 000) shall be
imposed upon any person who, without taking any direct part in the crime of
sedition, should incite others to the accomplishment of any of the acts which
constitute sedition, by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end, or upon any
person or persons who shall utter seditious words or speeches, write, publish, or
circulate scurrilous libels against the Government, or any of the duly constituted
authorities thereof, or which tend to disturb or obstruct any lawful officer in
executing the functions of his office, or which tend to instigate others to cabal and
meet together for unlawful purposes, or which suggest or incite rebellious
conspiracies or riots, or which lead or tend to stir up the people against the lawful
authorities or to disturb the peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil practices."
SEC. 10. Article 143 of the same Act is hereby amended to read as follows:
"ART. 143. Acts tending to prevent the meeting of Congress and similar bodies. - The
penalty of prision correccional or a fine ranging from Forty thousand pesos (P40,
11
000) to Four hundred thousand pesos (P400, 000), or both, shall be imposed upon
any person who, by force or fraud, prevents the meeting of Congress or of any of its
committees or subcommittees, Constitutional Commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board."
SEC. 11. Article 144 of the same Act is hereby amended to read as follows:
"ART. 144. Disturbance of proceedings.- The penalty of arresto mayor or a fine from
Forty thousand pesos (P40, 000) to Two hundred thousand pesos (P200, 000) shall
be imposed upon any person who disturbs the meetings of Congress or of any of its
committees or subcommittees, Constitutional Commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board, or
in the presence of any such bodies should behave in such manner as to interrupt its
proceedings or to impair the respect due it.'
SEC. 12. Article 147 of the same Act is hereby amended to read as follows:
"ART. 147. Illegal associations.- The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding Two hundred thousand pesos (P200,
000) shall be imposed upon the founders, directors, and presidents of associations
totally or partially organized for the purpose of committing any of the crimes
punishable under this Code or for some purpose contrary to public morals. Mere
members of said associations shall suffer the penalty of arresto mayor."
SEC. 13. Article 148 of the same Act is hereby amended to read as follows:
"ART. 148. Direct assaults.- Any person or person who, without a public uprising,
shall employ force or intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and sedition, or shall attack, employ
force, or seriously intimidate or resist any person in authority or any of his agents,
while engaged in the performance of official duties, or on occasion of such
performance, shall suffer the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding Two hundred thousand pesos (P200,
000), when the assault is committed with a weapon or when the offender lays hand
upon a person in authority. If none of these circumstances be present, the penalty
of prision correcccional in its minimum period and a fine not exceeding One hundred
thousand pesos (P100, 000) shall be imposed."
SEC. 14. Article 149 of the same Act is hereby amended to read as follows:
"ART. 149. Indirect assaults. - The penalty of prsion correccional in its minimum and
medium periods and a fine not exceeding One hundred thousand pesos (P100, 000)
shall be imposed upon any person who shall make use of force or intimidation upon
any person coming to the aid of the authorities of their agents on occasion of the
commission of any of the crimes defined in the next preceding article."
SEC. 15. Article 150 of the same Act is hereby amended to read as follows:
"ART. 150. Disobedience to summons issued by Congress, its committees or
subcommittees, by the Constitutional Commissions, its committees, subcommittees
or divisions.- The penalty of arresto mayoror a fine ranging from Forty thousand
pesos (P40, 000) to Two hundred thousand pesos (P200, 000), or both such fine and
imprisonment, shall be imposed upon any person who, having been duly summoned
to attend as a witness before Congress, its special or standing committees and
subcommittees, the Constitutional Commissions and its committees, subcommittees,
or divisions, or before any commission or committee chairman or member authorized
to summon witnesses, refuses, without legal excuse to obey such summons or being
present before any such legislative or constitutional body or official, refuses to be
sworn or placed under affirmation or to answer any legal inquiry or to produce any
books, papers, documents, or records in his possession, when required by them to
do so in the exercise of their functions. The same penalty shall be imposed upon any
person who shall restrain another from attending as a witness, or who shall induce
disobedience to summons or refusal to be sworn by any such body or official."
SEC. 16. Article 151 of the same Act is hereby amended to read as follows:
"ART. 151. Resistance and disobedience to a person in authority or the agents of
such person. - The penalty of arresto mayor and a fine not exceeding One hundred
thousand pesos (P100, 000) shall be imposed upon any person who not being
included in the provisions of the preceding articles shall resist or seriously disobey
any person in authority or the agents of such person while engaged in the
performance of official duties.
"When the disobedience to an agent of a person in authority is not of a serious
nature, the penalty of arresto menor or a fine ranging from Two thousand pesos (P2,
000) to Twenty thousand pesos (P20, 000) shall be imposed upon the offender."
SEC.17. Article 153 of the same Act is hereby amended to read as follows:
"ART. 153. Tumults and other disturbances of public order; Tumultuous disturbance
or interruption liable to cause disturbance.- The penalty of arresto mayor in its
12
medium period to prision correccional in its minimum period and a fine not exceeding
Two hundred thousand pesos (P200, 000) shall be imposed upon any person who
shall cause any serious disturbance in a public place, office, or establishment, or
shall interrupt or disturb public performances, functions or gatherings, or peaceful
meetings, if the act is not included in the provisions of Articles 131 and 132.
"The penalty next higher in degree shall be imposed upon persons causing any
disturbance or interruption of a tumultuous character.
"The disturbance or iterruption shall be deemed to be tumultuous if caused by more
than three (3) persons who are armed or provided with means of violence.
"The penalty of arresto mayor shall be imposed upon any person who in any
meeting, association, or public place, shall make any outcry tending to incite
rebellion or sedition or in such place shall display placards or emblems which provoke
a disturbance of the public order.
"The penalty of arresto menor and a fine not to exceed Forty thousand pesos (40,
000) shall be imposed upon these persons who in violation of the provisions
contained in the last clause of Article 85, shall bury with pomp the body of a person
who has been legally executed."
SEC. 18. Article 154 of the same Act is hereby amended to read as follows:
"ART. 154. Unlawful use of means of publication and unlawful utterances.- The
penalty of arresto mayor and a fine ranging from Forty thousand pesos (P40, 000) to
Two hundred thousand pesos (P200, 000) shall be imposed upon:
"1. Any person who by means of printing, lithography, or any other means of
publication shall publish or cause to be published as news any false news which may
endanger the public order, or cause damage to the interest or credit of the State;
"2. Any person who by the same means, or by words, utterances or speeches shall
encourage disobedience to the law or to the constituted authorities or praise, justify,
or extol any act punished by law;
"3. Any person who shall maliciously publish or cause to be published any official
resolution or document without proper authority, or before they have been published
officially; or
"4. Any person who shall print, publish, or distribute or cause to be printed,
published, or distributed books, pamphlets, periodicals, or leaflets which do not bear
the real printer's name, or which are classified as anonymous."
SEC. 19. Article 155 of the same Act is hereby amended to read as follows:
"ART. 155. Alarms and scandals.- The penalty of arresto menor or a fine not
exceeding Forty thousand peos (P40, 000) shall be imposed upon:
"1. Any person who within any town or public place, shall discharge any firearm,
rocket, firecracker. or other explosives calculated to cause alarm or danger;
"2. Any person who shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility;
"3. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
"4. Any person who, while intoxicated or otherwise, shall cause any disturbance or
scandal in public places: Provided, That the circumstances of the case shall not make
the provisions of Article 153 applicable."
SEC. 20. Article 163 of the same Act, as amended by Republic Act No. 4202 ; is
hereby further amended to read as follows:
"ART. 163. Making and importing and uttering false coins. - Any person who makes,
imports, or utters false coins, in connivance with counterfeiters, or importers, shall
suffer:
"1, Prision correccional in its minimum and medium periods and a fine not to exceed
Four hundred thousand pesos (P400,000), if the counterfeited coins be any of the
coinage of the Philippines.
"2. Prision correccional in its minimum period and a fine not to exceed Two hundred
thousand pesos (P200,000), if the counterfeited coin be currency of a foreign
country."
SEC. 21. Article 164 of the same Act is hereby amended to read as follows:
"ART. 164. Mutilation of coins; Importation and utterance of mutilated coins. - The
penalty of prision correccional in its minimum period and a fine not to exceed Four
hundred thousand pesos (P400,000) shall be imposed upon any person who shall
mutilate coins of the legal currency of the Philippines or import or utter mutilated
current coins, or in connivance with mutilators or importers."
SEC. 22. Article 166 of the same Act is hereby amended to read as follows:
13
"ART. 166. Forging treasury or bank notes or other documents payable to bearer;
Importing, and uttering such false or forged notes and documents. - The forging or
falsification of treasury or bank notes or certificates or other obligations and
securities payable to bearer and the importation and uttering in connivance with
forgers or importers of such false or forged obligations or notes, shall be punished as
follows:
"1. By reclusion temporal in its minimum period and a fine not to exceed Two million
pesos (P2,000,000), if the document which has been falsified, counterfeited, or
altered is an obligation or security of the Philippines.
"The words obligation or security of the Philippines' shall mean all bonds, certificates
of indebtedness, national bank notes, coupons., Philippine notes, treasury notes,
fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by
or upon authorized officers of the Philippines, and other representatives of value, of
whatever denomination, which have been or may be issued under any act of
Congress.
"2. By prision mayor in its maximum period and a fine not to exceed One million
pesos (P1,000,000), if the falsified or altered document is a circulating note issued
by any banking association duly authorized by law to issue the same.
"3. By prision mayor in its medium period and a fine not to exceed One million pesos
(P1,000,000),if the falsified or counterfeited document was issued by a foreign
government.
"4. By prision mayor in its minimum period and a fine not to exceed Four hundred
thousand pesos (P400,000), when the forged or altered document is a circulating
note or bill issued by a foreign bank duly authorized therefor."
SEC. 23. Article 167 of the same Act is hereby amended to read as follows:
"ART. 167. Counterfeiting, importing and uttering instruments not payable to bearer.
- Any person who shall forge, import or utter, in connivance with the forgers or
importers, any instrument payable to order or other document of credit not payable
to bearer, shall suffer the penalties of prision correccional in its medium and
maximum periods and a fine not exceeding One million two hundred thousand pesos
(P1,200,000)."
SEC. 24. Article 170 of the same Act is hereby amended to read as follows:
"ART. 170. Falsification of legislative documents. — The penalty of prision
correccional in its maximum period and a fine not exceeding One million two hundred
thousand pesos (P1,200,000) shall be imposed upon any person who, without proper
authority therefor alters any bill, resolution or ordinance enacted or approved or
pending approval by either House of Congress or any provincial board or municipal
council."
SEC. 25. Article 171 of the same Act is hereby amended to read as follows:
"ART. 171. Falsification- by public officer, employee or notary or ecclesiastic
minister. - The penalty of prision mayor and a fine not to exceed One million pesos
(P1,000,000) shall be imposed upon any public officer, employee, or notary who,
taking- advantage of his official position, shall falsify a document by committing any
of the following acts:
"1. Counterfeiting or imitating any handwriting, signature or rubric:
"2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate;
"3. Attributing to persons who have participated in an act or proceeding statements
other than those in fact made by them;
"4. Making untruthful statements in a narration of facts;
"5. Altering true dates;
"6. Making any alteration or intercalation in a genuine document which changes its
meaning;
"7. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy a
statement contrary to, or different from, that of the genuine original; or
"8. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book.
"The same penalty shall be imposed upon any ecclesiastical minister who shall
commit any of the offenses enumerated in the preceding paragraphs of this article,
with respect to any record or document, of such character that its falsification may
affect the civil status of persons."
SEC. 26. Article 172 of the same Act is hereby amended to read as follows:
14
"ART. 172. Falsification by private individual and use of falsified documents. - The
penalty of prision correccional in its medium and maximum periods and a fine of not
more than One million pesos (P1,000.000) shall be imposed upon:
"1. Any private individual who shall commit any of the falsifications enumerated in
the next preceding article in any public or official document or letter of exchange or
any other kind of commercial document;
"2. Any person who, to the damage of a third party, or with the intent to cause such
damage, shall in any private document, commit any of the acts of falsification
enumerated in the next preceding article; and
"3. Any person who shall knowingly introduce in evidence in any judicial proceeding
or to the damage of another or who, with the intent to cause such damage, shall use
any of the false documents embraced in the next preceding article, or in any of the
foregoing subdivisions of this article, shall be punished by the penalty next lower in
degree."
SEC 27. Article 174 of the same Act is hereby amended to read as follows:
“ART. 174. False medical certificates, false certificates of merits or service, etc. - The
penalties of arresto mayor in its maximum period to prision correccional in its
minimum period and a fine not to exceed Two hundred thousand pesos (P200.000)
shall be imposed upon:
"1. Any physician or surgeon who, in connection with the practice of his profession,
shall issue a false certificate; and
"2 . Any public officer who shall issue a false certificate of merit of service, good
conduct or similar circumstances,"
"The penalty of arresto mayor shall be imposed upon any private person who shall
falsify a certificate falling within the classes mentioned in the two (2) preceding
subdivisions."
SEC. 28. Article 176 of the same Act is hereby amended to read as follows:
"ART. 176. Manufacturing and possession of instruments or implements for
falsification. - The penalty of prision correccional in its medium and maximum
periods and a fine not to exceed One million pesos (P1,000,000) shall be imposed
upon any person who shall make or introduce into the Philippines any stamps, dies,
marks, or other instruments or implements intended to be used in the commission of
the offenses of counterfeiting or falsification mentioned in the preceding sections of
this Chapter.
"Any person who, with the intention of using them, shall have in his possession any
of the instruments or implements mentioned in the preceding paragraphs, shall
suffer the penalty next lower in degree than that provided therein."
SEC. 29. Article 178 of the same Act is hereby amended to read as follows:
"ART. 178. Using fictitious name and concealing true name, - The penalty
of arresto mayor and a fine not to exceed One hundred thousand pesos (P100,000)
shall be imposed upon any person who shall publicly use a fictitious name for the
purpose of concealing a crime, evading the execution of a judgment or causing
damage.
"Any person who conceals his true name and other personal circumstances shall be
punished by arresto menor or a fine not to exceed Forty thousand pesos (P40,000)."
SEC. 30. Article 180 of the same Act is hereby amended to read as follows:
"ART. 180. False testimony against a defendant. - Any person who shall give false
testimony against the defendant in any criminal case shall suffer:
"1. The penalty of reclusion temporal, if the defendant in said case shall have been
sentenced to death;
“2. The penalty of prision mayor, if the defendant shall have been sentenced
to reclusion temporal or reclusion perpetua:
"3. The penalty of prision correccional, if the defendant shall have been sentenced to
any other afflictive penalty: and
"4. The penalty of arresto mayor, if the defendant shall have been sentenced to a
correctional penalty or a fine, or shall have been acquitted.
"In cases provided in subdivisions 3 and 4 of this article the offender shall further
suffer a fine not to exceed Two hundred thousand pesos (P200,000)."
SEC. 31. Article 181of the same Act is hereby amended to read as follows:
“ART. 181. False testimony favorable to the defendant. - Any person who shall give
false testimony in favor of the defendant in a criminal case, shall suffer the penalties
of arresto mayor in its maximum period to prision correccional in its minimum period
and a fine not to exceed Two hundred thousand pesos (P200,000), if the prosecution
is for a felony punishable by an afflictive penalty, and the penalty of arresto mayorin
any other case."
SEC. 32. Article 182 of the same Act is hereby amended to read as follows:
15
''ART. 182. False testimony in civil cases. - Any person found guilty of false
testimony in a civil case shall suffer the penalty of prision correccional in its
minimum period and a fine not to exceed One million two hundred thousand pesos
(P1,200.000), if the amount in controversy shall exceed One million pesos
(P1,000.000), and the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to exceed Two hundred thousand
pesos (P200.000), if the amount in controversy shall not exceed said amount, or
cannot be estimated."
SEC. 33. Article 187 of the same Act is hereby amended to read as follows;
"ART. 187. Importation and disposition of falsely marked articles or merchandise
made of gold, silver, or other precious metals or their alloys. — The penalty
of prision correccional or a fine ranging from Forty thousand pesos (P40,000) to Two
hundred thousand pesos (P200.000), or both, shall be imposed upon any person who
shall knowingly import or sell or dispose of any article or merchandise made of gold,
silver, or other precious metals, or their alloys, with stamps, brands, or marks which
fail to indicate the actual fineness or quality of said metals or alloys.
"Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual
fineness of the article on which it is engraved, printed, stamped, labeled or attached,
when the test of the article shows that the quality or fineness thereof is less by more
than one-half karat, if made of gold, and less by more than four one-thousandth, if
made of silver, than what is shown by said stamp, brand, label or mark. But in case
of watch cases and flatware made of gold, the actual fineness of such gold shall not
be less by more than three one-thousandth than the fineness indicated by said
stamp, brand, label, or mark."
SEC. 34. Article 201 of the same Act, as amended by Presidential Decree Nos. 960
and 969. is hereby further amended to read as follows:
"ART. 201. Immoral doctrines, obscene publications and exhibitions and indecent
shows. - The penalty of prision mayor or a fine ranging from Twenty thousand pesos
(P20,000) to Two hundred thousand pesos (P200,000), or both such imprisonment
and fine, shall be imposed upon:
"1. Those who shall publiclyexpound 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, it being understood that the
obscene literature or 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; and
"3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals."
SEC. 35. Article 202 of the same Act. as amended, is hereby further amended to
read as follows:
"ART. 202. Prostitutes; Penalty. - For the purpose 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 Twenty thousand pesos
(P20,000). and in case of recidivism, by arresto mayor in its medium period
to prision correccional in its minimum period or a fine ranging from Twenty thousand
pesos (P20,000) to Two hundred thousand pesos (P200,000), or both, in the
discretion of the court."
SEC. 36. Article 209 of the same Act jb hereby amended to read as follows:
"ART. 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In
addition to the proper administrative action, the penalty of prision correccional in its
minimum period, or a fine ranging from Forty thousand pesos (P40,000) to Two
hundred thousand pesos (P200,000), or both, shall be imposed upon any attorney-
at-law or any person duly authorized to represent and/or assist a party to a case
who, by any malicious breach of professional duty or of inexcusable negligence or
ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned
by him in his professional capacity.
"The same penalty shall be imposed upon an attorney-at4aw or any person duly
authorized to represent and/or assist a party to a case who, having undertaken the
defense of a client or having received confidential information from said client in a
case, shall undertake the defense of the opposing party in the same case, without
the consent of his first client."
SEC. 37. Article 213 of the same Act is hereby amended to read as follows:
“ART. 213. Frauds against the public treasury and similar offenses. - The penalty
of prision correccional in its medium period to prision mayor in its minimum period,
or a fine ranging from Forty thousand pesos (P40.000)to Two million pesos
(P2,000,000), or both, shall be imposed upon any public officer who:
"1. In his official capacity, in dealing with any person with regard to furnishing
supplies, the making of contracts, or the adjustment or settlement of accounts
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relating to public property or funds, shall enter into an agreement with any
interested party or speculator or make use of any other scheme, to defraud the
Government:
''2. Being entrusted with the collection of taxes, licenses, fees and other imposts,
shall be guilty of any of the following acts or omissions:
"(a) Demanding, directly or indirectly, the payment of sums different from or larger
than those authorized by law.
"(b) Failing voluntarily to issue a receipt, as provided by law. for any sum of money
collected by him officially.
"(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise
things or objects of a nature different from that provided by law.
"When the culprit is an officer or employee of the Bureau of Internal Revenue or the
Bureau of Customs, the provisions of the Administrative Code shall be applied."
SEC. 38. Article 215 of the same Act is hereby amended to read as follows:
"ART. 215. Prohibited transactions. - The penalty of prision correccional in its
minimum period or a fine ranging from Forty thousand pesos (P40,000) to Two
hundred thousand pesos (P200,000), or both., shall be imposed upon any appointive
public officer who, during his incumbency, shall directly or indirectly become
interested in any transaction of exchange or speculation within the territory subject
to his jurisdiction."
SEC. 39. Article 216 of the same Act is hereby amended to read as follows:
"ART. 216. Possession of prohibited interest by a public officer. — The penalty
of arresto mayor in its medium period to prision correccional in its minimum period,
or a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand
pesos (P200,000) or both, shall be imposed upon a public officer who directly or
indirectly, shall become interested in any contract or business in which it is his
official duty to intervene.
"This provision is applicable to experts, arbitrators and private accountants who, in
like manner, shall take part in any contract or transaction connected with the estate
or property in appraisal, distribution or adjudication of which they shall have acted,
and to guardians and executors with respect to the property belonging to their wards
or estate.''
SEC. 40. Article 217 of the same Act., as amended by Republic Act No. 1060, is
hereby further amended to read as follows:
"ART. 217. Malversation of public funds or property. - Presumption of malversation. -
Any public officer who, by reason of the duties of his office, is accountable for public
funds or property, shall appropriate the same, or shall take or misappropriate or
shall consent, through abandonment or negligence, shall permit any other person to
take such public funds or property, wholly or partially, or shall otherwise be guilty of
the misappropriation or malversation of such funds or property, shall suffer:
"1. The penalty of prision correccional in its medium and maximum periods, if the
amount involved in the misappropriation or malversation does not exceed Forty
thousand pesos (P40,000).
"2. The penalty of prision mayor in its minimum and medium periods, if the amount
involved is more than Forty thousand pesos (P40,000) but does not exceed One
million two hundred thousand pesos (P1,200,000).
"3. The penalty of prision mayor in its maximum period to reclusion temporal in its
minimum period, if the amount involved is more than One million two hundred
thousand pesos (P1,200,000) but does not exceed Two million four hundred
thousand pesos (P2,400.000).
"4. The penalty of reclusion temporal, in its medium and maximum periods, if the
amount involved is more than Two million four hundred thousand pesos
(P2,400,000) but does not exceed Four million four hundred thousand pesos
(P4,400,000).
"5. The penalty of reclusion temporal in its maximum period, if the amount involved
is more than Four million four hundred thousand pesos (P4,400,000) but does not
exceed Eight million eight hundred thousand pesos (P8,800,000). If the amount
exceeds the latter, the penalty shall be reclusion perpetua.
"In all cases, persons guilty of malversation shall, also suffer the penalty of perpetual
special disqualification and a fine equal to the amount of the funds malversed or
equal to the total value of the property embezzled.
"The failure of a public officer to have duly forthcoming any public funds or property
with which he is chargeable, upon demand by any duly authorized officer, shall
be prima facie evidence that he has put such missing funds or property to personal
uses."
SEC. 41. Article 218 of the same Act is hereby amended to read as follows:
"ART. 218. Failure of accountable officer to render accounts. - Any public officer,
whether in the service or separated therefrom by resignation or any other cause,
who is required by law or regulation to render account to the Commission on Audit,
or to a provincial auditor and who fails to do so for a period of two (2) months after
such accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from Forty thousand pesos (P40,000) to One
million two hundred thousand pesos (Pi,200,000), or both/ 1
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SEC. 42. Article 219 of the same Act is hereby amended to read as follows:
“ ART. 219. Failure of a responsible public officer to render accounts before leaving
the country. - Any public officer who unlawfully leaves or attempts to leave the
Philippines without securing a certificate from the Commission on Audit showing that
his accounts have been finally settled, shall be punished by arresto mayor, or a fine
ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos
(P200,000), or both."
SEC. 43. Article 221 of the same Act is hereby amended to read as follows:
"ART. 221. Failure to make delivery of public funds or property. — Any public officer
under obligation to make payment from Government funds in his possession,, who
shall fail to make such payment, shall be punished by arresto mayor and a fine from
five (5) to twenty-five (25) percent of the sum which he failed to pay.
"This provision shall apply to any public officer who, being ordered by competent
authority to deliver any property in his custody or under his administration, shall
refuse to make such delivery.
"The fine shall be graduated in such ease by the value of the thing: Provided, That it
shall not be less than Ten thousand pesos (P 10,000)."
SEC. 44. Article 226 of the same Act is hereby amended to read as follows:
"ART. 226. Removal, concealment, or destruction of documents. - Any public officer
who shall remove, destroy or conceal documents or papers officially entrusted to
him, shall suffer:
"1. The penalty of prision mayor and a fine not exceeding Two hundred thousand
pesos (P200,000), whenever serious damage shall have been caused thereby to a
third party or to the public interest.
“ 2. The penalty of prision correccional in its minimum and medium period and a fine
not exceeding Two hundred thousand pesos (P200.000). whenever the damage
caused to a third party or to the public interest shall not have been serious.
"In either case, the additional penalty of temporary special disqualification in its
maximum period to perpetual disqualification shall be imposed.'
SEC. 45. Article 227 of the same Act is hereby amended to read as follows:
''ART. 227. Officer breaking seal. - Any public officer charged with the custody of
papers or property sealed by proper authority, who shall break the seals or permit
them to be broken, shall suffer the penalties of prision correccional in its minimum
and medium periods, temporary special disqualification and a fine not exceeding Four
hundred thousand pesos (P400,000)."
SEC. 46. Article 228 of the same Act is hereby amended to read as follows:
"ART. 228. Opening of closed documents. - Any public officer not included in the
provisions of the next preceding article who, without proper authority, shall open or
shall permit to be opened any closed papers, documents or objects entrusted to his
custody, shall suffer the penalties of arresto mayor, temporary special
disqualification and a fine not exceeding Four hundred thousand pesos (P400,000)."
SEC. 47. Article 229 of the same Act is hereby amended to read as follows:
"ART. 229. Revelation of secrets by an officer. - Any public officer who shall reveal
any secret known to him by reason of his official capacity, or shall wrongfully deliver
papers or copies of papers of which he may have charge and which should not. be
published, shall suffer the penalties of prision correccional in its medium and
maximum periods, perpetual special disqualification and a fine not exceeding Four
hundred thousand pesos (P400,000) if the revelation of such secrets or the delivery
of such papers shall have caused serious damage to the public interest: otherwise,
the penalties of prision correccional in its minimum period, temporary special,
disqualification and a fine not exceeding One hundred thousand pesos (P100.000)
shall be imposed."
SEC. 48. Article 230 of the same Act is hereby amended to read as follows:
"ART. 230. Public officer revealing secrets of private individual. - Any public officer to
whom the secrets of any private individual shall become known by reason of his
office who shall reveal such secrets. shall suffer the penalties of arresto mayor and a
fine not exceeding Two hundred thousand pesos (P200,000)."
SEC. 49. Article 231 of the same Act is hereby amended to read as follows:
"ART. 231. Open disobedience. - Any judicial or executive officer who shall openly
refuse to execute the judgment, decision or order of any superior authority made
within the scope of the jurisdiction of the latter and issued with all the legal
formalities, shall suffer the penalties of arresto mayor in its medium period to prision
correccional in its minimum period, temporary special disqualification in its maximum
period and a fine not. exceeding Two hundred thousand pesos (P200,000)."
SEC. 50. Article 233 of the same Act is hereby amended to read as follows:
"ART. 233. 'Refusal of assistance. - The penalties of arresto mayor in its medium
period to prision correccional in its minimum period, perpetual special disqualification
and a fine not exceeding Two hundred thousand pesos (P200,000), shall be imposed
upon a public officer who. upon demand from competent authority, shall fail to lend
his cooperation towards the administration of justice or other public service, if such
failure shall result in serious damage to the public interest, or to a third party:
otherwise, arresto mayor in its medium and maximum periods and a fine not
exceeding One hundred thousand pesos (P 100,000) shall be imposed."
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SEC. 51. Article 234 of the same Act is hereby amended to read as follows:
“ART. 234. Refusal to discharge elective office. - The penalty of arresto mayor or a
fine not exceeding Two hundred thousand pesos (P200,000), or both, shall be
imposed upon any person who. having been elected by popular election to a public
office, shall refuse without legal motive to be sworn in or to discharge the duties of
said office."
SEC. 52. Article 235 of the same Act, as amended by Executive Order No. 62. is
hereby further amended to read as follows:
“ART. 235. Maltreatment of prisoners. - The penalty of prision correccional in its
medium period to prision mayor in its minimum period, in addition to his liability for
the physical injuries or damage caused, shall be imposed upon any public officer or
employee who shall overdo himself in the correction or handling of a prisoner or
detention prisoner under his charge, by the imposition of punishments not authorized
by the regulations, or by inflicting such punishments in a cruel and humiliating
manner.
"If the purpose of the maltreatment is to extort a confession, or to obtain some
information from the prisoner, the offender shall be punished by prision mayor in its
minimum period, temporary special disqualification and a fine not exceeding One
hundred thousand pesos (P100,000), in addition to his liability for the physical
injuries or damage caused."
SEC. 53. Article 236 of the same Act is hereby amended to read as follows:
"ART. 236. Anticipation of duties of a public office. - Any person who shall assume
the performance of the duties and powers of any public officer or employment,
without first, being sworn in or having given the bond required by law. shall be
suspended from such office or employment until he shall have complied with the
respective formalities and shall be fined from Forty thousand pesos (P40,000) to One
hundred thousand pesos (P100,000)."
SEC. 54. Article 237 of the same Act is hereby amended to read as follows:
"ART. 237. Prolonging performance of duties and powers. - Any public officer who
shall continue to exercise the duties and powers of his office, employment or
commission, beyond the period provided by law. regulation or special provisions
applicable to the case, shall suffer the penalties of prision correccional in its
minimum period, special temporary disqualification in its minimum period and a fine
not exceeding One hundred thousand pesos (P100,000)
SEC. 55. Article 239 of the same Act is hereby amended to read as follows:
"ART. 239. Usurpation of legislative powers. - The penalties of prision correccional in
its minimum period, temporary special disqualification and a fine not exceeding Two
hundred thousand pesos (P200,000). shall be imposed upon any public officer who
shall encroach upon the powers of the legislative branch of the Government, either
by making general rules or regulations beyond the scope of his authority, or by
attempting to repeal a law or suspending the execution thereof."
SEC. 56. Article 242 of the same Act is hereby amended to read as follows:
"ART. 242. Disobeying request for disqualification: - Any public officer who, before
the question of jurisdiction is decided, shall continue any proceeding after having
been lawfully required to refrain from so doing, shall be punished
by arresto mayor and a fine not exceeding One hundred thousand pesos
(P100,000)."
SEC. 57. Article 243 of the same Act is hereby amended to read as follows:
"ART. 243. Orders or requests by executive officers to any judicial authority. - Any
executive officer who shall address any order or suggestion to any judicial authority
with respect, to any case or business coming within the exclusive jurisdiction of the
courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding
One hundred thousand pesos (P100,000).”
SEC. 58. Article 244 of the same Act is hereby amended to read as follows:
"ART. 244. Unlawful appointments. - Any public officer who shall knowingly nominate
or appoint to any public office any person lacking the legal qualifications therefor,
shal] suffer the penalty of arresto mayor and a fine not exceeding Two hundred
thousand pesos (P200,000)."
SEC. 59. Article 259 of the same Act is hereby amended to read as follows:
"ART. 259. Abortion practiced by a physician or midwife and dispensing of abortives.
- The penalties provided in Article 256 shall be imposed in its maximum period,
respectively, upon any physician or midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the same."
“ Any pharmacist who, without the proper prescription from a physician, shall
dispense any abortive shall suffer arresto mayor and a fine not exceeding One
hundred thousand pesos (P100,000)."
SEC. 60. Article 265 of the .same Act is hereby amended to read as follows:
"ART. 265. Less serious physical injuries. - Any person who shall inflict upon another
physical injuries not described in the preceding articles, but which shall incapacitate
the offended party for labor for ten (10) days or more, or shall require medical
assistance for the same period, shall be guilty of less serious physical injuries and
shall suffer the penalty of arresto mayor."
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"Whenever less serious physical injuries shall have been inflicted with the manifest
intent to insult or offend the injured person, or under circumstances adding
ignominy to the offense, in addition to the penalty of arresto mayor, a fine not
exceeding Fifty thousand pesos (P50,000) shall be imposed.”
"Any less serious physical injuries inflicted upon the offenders parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be
punished by prision correccional in its minimum and medium periods: Provided, That
in the case of persons in authority, the deed does not constitute the crime of assault
upon such persons.”
SEC. 61. Article 266 of the same Act is hereby amended to read as follows:
"ART. 266. Slight physical injuries and maltreatment. - The crime of slight physical
injuries shall be punished:
"1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one (1) to nine (9) days, or shall
require medical attendance during the same period.
"2. By arresto menor or a fine not exceeding Forty thousand pesos (P40,000) and
censure when the offender has caused physical injuries which do not prevent the
offended party from engaging in his habitual work nor require medical assistance.
“3. By arresto menor in its minimum period or a fine not exceeding Five thousand
pesos (P5,000) when the offender shall ill-treat another by deed without causing any
injury."
SEC. 62. Article 268 of the same Act. as amended by Republic Act No. 18. is hereby
further amended to read as follows:
"ART- 268. Slight illegal detention. - The penalty of reelusion temporal shall be
imposed upon any private individual who shall commit the crimes described in the
nest preceding article without the attendance of any of the circumstances
enumerated therein.
"The same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime.
''If the offender shall voluntarily release the person so kidnapped or detained within
three (3) days from the commencement of the detention, without having attained
the purpose intended., and before the institution of criminal proceeding's against
him. the penalty shall be prision mayor in its minimum and medium periods and a
fine not exceeding One hundred thousand pesos (P100,000)."
SEC. 63. Article 269 of the same Act is hereby amended to read as follows:
“ART. 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding
One hundred thousand pesos (P100,000) shall be imposed upon any person who. in
any case other than those authorized by law, or without reasonable ground therefor,
shall arrest or detain another for the purpose of delivering him to the proper
authorities."
SEC. 64. Article 271 of the same Act, as amended by Republic Act No. 18. is hereby
further amended to read as follows:
“ART. 271. Inducing a minor to abandon his home. - The penalty of prision
correccional and a fine not exceeding One hundred thousand pesos (P100.000) shall
be imposed upon anyone who shall induce a minor to abandon the home of his
parents or guardians or the persons entrusted with his custody.”
"If the person committing any of the crimes covered by the two (2) preceding 1
articles shall be the father or the mother of the minor, the penalty shall be arresto
mayor or a fine not exceeding Forty thousand pesos (P40,000) or both."
SEC. 65. Article 276 of the same Act is hereby amended to read as follows:
“ART, 276. Abandoning a minor. - The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone
who shall abandon a child under seven (7) years of age. the custody of which is
incumbent upon him.
"When the death of the minor shall result from such abandonment, the culprit shall
be punished by prision correccional in its medium and maximum periods: but if the
life of the minor shall have been in danger only, the penalty shall
be prision correccional in its minimum and medium periods.
"The provisions contained in the two (2) preceding paragraphs shall not prevent the
imposition of the penalty provided for the act committed, when the same shall
constitute a more serious offense.''
SEC. 66. Article 277 of the same Act is hereby amended to read as follows:
"ART. 277. Abandonment of minor by person entrusted with his custody; Indifference
of parents. - The penalty of arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed upon anyone who. having charge of the
rearing or education of a minor, shall deliver said minor to a public institution or
other persons, without the consent of the one who entrusted such, child to his care
or in the absence of the latter, without the consent of the proper authorities.”
"The same penalty shall be imposed upon the parents who shall neglect their
children by not giving them the education which their station in life requires and
financial condition permits."'
20
SEC. 67. Article 278 of the same Act is hereby amended to read as follows:
"ART. 278. Exploitation of minors. - The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed upon;
"1. Any person who shall cause any boy or girl under sixteen (16) years of age to
perform any dangerous feat of balancing, physical strength, or contortion.
“2. Any person who. being an acrobat, gymnast, rope-walker, diver, wild-animal
tamer or circus manager or engaged in a similar calling, shall employ in exhibitions
of these kinds children under sixteen (16) years of age who are not his children or
descendants.
"3. Any person engaged in any of the callings enumerated in the next preceding
paragraph who shall employ any descendant of his under twelve (12) years of age in
such dangerous exhibitions.
"4. Any ascendant, guardian, teacher or person entrusted in any capacity with the
care of a child under sixteen (16) years of age who shall deliver such child
gratuitously to any person following any of the callings enumerated in paragraph 2
hereof, or to any habitual vagrant or beggar.
''If the delivery shall have been made in consideration of any price, compensation, or
promise, the penalty shall in every case be imposed in its maximum period.
"In either case, the guardian or curator convicted shall also be removed from office
as guardian or curator; and in the case of the parents of the child, they may be
deprived, temporarily or perpetually, in the discretion of the court, of their parental
authority.
"5. Any person who shall induce any child under sixteen (16) years of age to
abandon the home of its ascendants, guardians, curators or teacher? to follow any
person engaged in any of the callings mentioned in paragraph 2 hereof, or to
accompany any habitual vagrant or beggar."
SEC. 88. Article 280 of the same Act is hereby amended to read as follows:
"ART. 280. Qualified trespass to dwelling. - Any private person who shall enter the
dwelling of another against the latter's will, shall be punished by arresto mayor and
a fine not exceeding Two hundred thousand pesos (P200,000).
"If the offense be committed by means of violence or intimidation, the penalty shall
be prision correccional in its medium and maximum periods and a fine not exceeding
Two hundred thousand pesos (P200,000).
"The provisions of this article shall not be applicable to any person who shall enter
another's dwelling for the purpose of preventing some serious harm to himself, the
occupants of the dwelling or & third person, nor shall it be applicable to any person
who shall enter a dwelling for the purpose of rendering some service to humanity or
justice, nor to anyone who shall enter cafes, taverns, inns and other public houses,
while the same are open."
SEC. 69. Article 283, of the same Act is hereby amended to read as follows:
"ART. 281. Other forms of trespass. - The penalty of arresto menor or a fine not
exceeding- Forty thousand pesos (P40,000), or both, shal] be imposed upon any
person who shall enter the closed premises or the fenced estate of another, while
either oi' both of them are uninhabited, if the prohibition to enter be manifest and
the trespasser has not- secured the permission of the owner or the caretaker
thereof."
SEC. 70. Article 282 of the same Act is hereby amended to read as follows:
"ART. 282. Grave threats. - Any person who shall threaten another with the infliction
upon the person, honor or property of the latter or of his family of any wrong
amounting to a crime, shall suffer:
"1. The penalty next lower in degree than that- prescribed by law for the crime he
threatened to commit, if the offender shall have made the threat demanding money
or imposing any other condition, even though not unlawful, and said offender shall
have attained his purpose. If the offender shall not have attained his purpose, the
penalty lower by two (2) degrees shall be imposed.
“If the threat be made in writing or through a middleman, the penalty shall be
imposed in its maximum period.
"2. The penalty of arresto mayor and a fine not exceeding One hundred thousand
pesos (P100,000) if the threat shall not have been made subject to a condition.'"
SEC. 71. Article 285 of the same Act is hereby amended to read as follows:
"ART. 285. Other light threats. - The penalty of arresto menor in its minimum period
or a fine not exceeding Forty thousand pesos (P40,000) shall be imposed upon:
"1. Any person who. without being included in the provisions of the next preceding
article, shall threaten another with a weapon, or draw such weapon in a quarrel,
unless it be in lawful self-defense.
"2. Any person who, in the heat of anger, shall orally threaten another with some
harm not constituting a crime, and who by subsequent acts shows that he did not
persist, in the idea involved in his threat: Provided, That the circumstances of the
offense shall not bring it within the provisions of Article 282 of this Code.
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"3. Any person who shall orally threaten to do another any harm not constituting a
felony."
SEC. 72. Article 286 of the same Act as amended by Republic Act No. 7890 is hereby
further amended to read as follows:
"ART. 286. Grave, coercions. - The penalty of prision correccional and a fine not
exceeding One hundred thousand pesos (P100,000) shall be imposed upon any
person who without any authority of law shall, by means of violence, threats, or
intimidation, prevent another from doing something not prohibited by law, or
compel him to do something against his will, whether it be right or wrong.
"If the coercion be committed in violation of the exercise of the right of suffrage, or
for the purpose of compelling another to perform any religious act, or to prevent him
from exercising such right or from so doing such act the penalty next higher in
degree shall be imposed.''
SEC. 73. Article 287 of the same Act is hereby amended to read as follows:
“ART. 287. Light coercions. - Any person who,, by means of violence, shall seize
anything belonging to his debtor for the purpose of applying the same to the
payment of the debt, shall suffer the penalty ofarresto mayor in its minimum period
and a fine equivalent to the value of the thing, but in no case less than Fifteen
thousand pesos (Pl5,000).
''Any other coercions or unjust vexations shall be punished by arresto menor or a
fine ranging from One thousand pesos (P1,000) to not more than Forty thousand
pesos (P40,000) or both."
SEC. 74, Article 288 of the same Act is hereby amended to read as follows:
"ART. 288. Other similar coercions; (Compulsory purchase of merchandise and
payment of wages by means of tokens). - The penalty of arresto mayor or a fine
ranging from Forty thousand pesos (P40.000) to One hundred thousand pesos
(P100,000), or both, shall be imposed upon any person, agent or officer of any
association or corporation who shall force or compel, directly or indirectly, or shall
knowingly permit any laborer or employee employed by him or by such firm or
corporation to be forced or compelled, to purchase merchandise or commodities of
any kind.
"The same penalties shall be imposed upon any person who shall pay the wages due
a laborer or employee employed by him, by means of tokens or objects other than
the legal tender currency of the Philippines, unless expressly requested by the
laborer or employee."
SEC. 75. Article 289 of the same Act is hereby amended to read as follows:
“ ART. 289. Formation, maintenance and prohibition of combination of capital or
labor through violence or threats. — The penalty of arresto mayor and a fine not
exceeding Sixty thousand pesos (P60,000) shall be imposed upon any person who,
for the purpose of organizing, maintaining or preventing coalitions of capital or labor,
strike of laborers or lock-out of employers, shall employ violence or threats in such a
degree as to compel or force the laborers or employees in the free and legal exercise
of their industry or work, if the act shall not constitute a more serious offense in
accordance with the provisions of this Code."
SEC. 76. Article 290 of the same Act is hereby amended to read as follows:
"ART. 290. Discovering secrets through seizure of correspondence. - The penalty
of prision correccional in its minimum and medium periods and a fine not exceeding
One hundredthousand pesos (P100,000) shall be imposed upon any private
individual who in order to discover the secrets of another, shall seize his papers
orletters and reveal the contents thereof.
"If the offender shall not reveal such secrets, the penalty shall be arresto mayor and
a fine not exceeding One hundred thousand pesos (P100,000).
"This 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 custody, nor to spouses with respect to the papers
or letters of either of them."
SEC. 77. Article 291 of the same Act is hereby amended to read as follows:
"ART. 291. Revealing secrets with abuse of office. - The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed
upon any manager, employee or servant who, in such capacity, shall learn the
secrets of his principal or master and shall reveal such secrets."
SEC. 78. Article 292 of the same Act is hereby amended to read as follows:
"ART. 292. Revelation of industrial secrets. - The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed upon the person in charge, employee or
workman of any manufacturing or industrial establishment who. to the prejudice of
the owner thereof, shall reveal the secrets of the industry of the latter.''
SEC. 79. Article 299 of the same Act. as amended by Republic Act No. 18, is hereby
further amended to read as follows:
“ART. 299. Robbery in an inhabited house or public building or edifice devoted to
worship. - Any armed person who shall commit robbery in an inhabited house or
public building or edifice devoted to religious worship, shall be punished
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by reclusion temporal, if the value of the property taken shall exceed Fifty thousand
pesos (P50,000). and if -
"(a) The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means:
"1. Through an opening not intended for entrance or egress.
"2. By breaking any wall, roof, or floor or breaking any door or window.
"3. By using false keys, pick locks or similar tools.
"4. By using any fictitious name or pretending the exercise of public authority.
Or if -
"(b) The robbery be committed under any of the following circumstances:
"1, By the breaking of doors, wardrobes., chests, or any other kind of locked or
sealed furniture or receptacle.
"2. By taking such furniture or objects away to be broken or forced open outside the
place of the robbery.
"When the offenders do not carry arms, and the value of the property taken exceeds
Fifty thousand pesos (P50,000) the penalty next lower in degree shall be imposed.
"The same rule shall be applied when the offenders are armed, but the value of the
property taken does not exceed Fifty thousand pesos (P50,000).
"When said offenders do not carry arms and the value of the property taken does not
exceed Fifty thousand pesos (P50,000), they shall suffer the penalty prescribed in
the two (2) next preceding paragraphs, in its minimum period.
''If the robbery be committed in one of the dependencies of an inhabited house,
public building, or building dedicated to religious worship, the penalties next lower in
degree than those prescribed in this article shall be imposed."
SEC. 80. Article 302 of the same Act, as amended by Commonwealth Act No. 417, is
hereby further amended to read as follows:
“ART. 302. Robbery in an uninhabited place or in a. private building. - Any robbery
committed in an uninhabited place or in a building other than those mentioned in the
first paragraph of Article 299 if the value of the property taken exceeds Fifty
thousand pesos (P50,000), shall be punished by prision correccional in its medium
and maximum periods provided that any of the following circumstances is present:
"1. If the entrance has been effected through any opening not intended for entrance
or egress.
“2. If any wall, root floor or outside door or window has been broken.
"3. If the entrance has been effected through the use of false keys, picklocks or
other similar tools.
"4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has
been broken.
"5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has
been removed, even if the same be broken open elsewhere.
''When the value of the property taken does not exceed Fifty thousand pesos
(P50,000), the penalty next lower in degree shall be imposed.
"In the cases specified in Articles 294. 295, 297. 299, 300, and 302 of this Code,
when the property taken is mail matter or large cattle, the offender shall suffer the
penalties next higher in degree than those provided in said articles."
SEC. 81. Article 309 of the same Act is hereby amended to read as follows:
"ART. 309. Penalties. - Any person guilty of theft shall be punished by:
"1. The penalty of prision mayor in its minimum and medium periods, if the value of
the thing stolen is more than One million two hundred thousand pesos (P1,200,000)
but does not exceed Two million two hundred thousand pesos (P2,200,000); but if
the value of the thing stolen exceeds the latter amount, the penalty shall be the
maximum period of the one prescribed in this paragraph, and one (1) year for each
additional One million pesos (P1,000,000). but the total of the penalty which may be
imposed shall not exceed twenty (20) years. In such cases, and in connection with
the accessory penalties which may be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed prision mayor or reclusion
temporal, as the case may be.
"2. The penalty of prision correccional in its medium and maximum periods, if the
value of the thing stolen is more than Six hundred thousand pesos (P600,000) but
does not exceed One million two hundred thousand pesos (P1,200,000).
"3. The penalty of prision correccional in its minimum and medium periods, if the
value of the property stolen is more than Twenty thousand pesos (P20,000) but does
not exceed Six hundred thousand pesos (P600 ,000).
"4. Arreslo mayor in its medium period to prision correccional in its minimum period,
if the value of the property stolen is over Five thousand pesos (P5,000) but does not
exceed Twenty thousand pesos (P20,000).
23
"5. Arresto mayor to its full extent, if such value is over Five hundred pesos (P500)
but does not exceed Five thousand pesos (P5,000).
"6. Arresto mayor in its minimum and medium periods, if such value does not exceed
Five hundred pesos (P500).
"7. Arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), if the
theft is committed under the circumstances enumerated in paragraph 3 of the next
preceding article and the value of the thing stolen does not exceed Five hundred
pesos (P500). If such value exceeds said amount, the provisions of any of the five
preceding- subdivisions shall be made applicable.
"8. Arresto menor in its minimum period or a fine of not exceeding Five thousand
pesos (P5,000), when the value of the thing stolen is not over Five hundred pesos
(P500), and the offender shall have acted under the impulse of hunger, poverty, or
the difficulty of earning a livelihood for the support of himself or his family."
SEC. 82. Article 31.1 of the same Act is hereby amended to read as follows:
"ART. 311. Theft of the property of the National Library and National Museum. - if
the property stolen be any property of the National Library or the National Museum,
the penalty shall be arresto mayor or a fine ranging from Forty thousand pesos
(P40,000) to One hundred thousand pesos (P100,000), or both, unless a higher
penalty should be provided under other provisions of this Code, in which case, the
offender shall be punished by such higher penalty.”
SEC. 83. Article 312 of the same Act is hereby amended to read as follows:
"ART. 312. Occupation of real property or usurpation of real rights in property. -Any
person who, by means of violence against or intimidation of persons, shall take
possession of any real property or shall usurp any real rights in property belonging to
another, in addition to the penalty incurred for the acts of violence executed by him,
shall be punished by a fine from fifty (50) to one hundred (100) per centum of the
gain which he shall have obtained, but not less than Fifteen thousand pesos
(P15,000).
"If the value of the gain cannot be ascertained, a fine from Forty thousand pesos
(P40,000) to One hundred thousand pesos (P100,000) shall be imposed."
SEC. 84, Article 313 of the same Act is hereby amended to read as follows:
''ART. 313. Altering boundaries or landmarks. - Any person who shall alter the
boundary marks or monuments of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same, shall be punished by arresto
menor or a fine not exceeding Twenty thousand pesos (P20,000), or both."
SEC. 85. Article 315 of the same Act. as amended by Republic Act No. 4885,
Presidential Decree No. 1689, and Presidential Decree No. 818, is hereby further
amended to read as follows:
"ART. 315. Swindling (estafa). - Any person who shall defraud another by any of the
means mentioned herein below shall be punished by:
"1st. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of thefraud is over Two million four hundred
thousand pesos (P2,400,000) but does not exceed Four million four hundred
thousand pesos (P4,400,000), and if such amount exceeds the latter sum, the
penalty provided in this paragraph shall be imposed in its maximum period, adding
one year for each additional Two million pesos (P2,000,000): but the total penalty
which may be imposed shall not exceed twenty years. In such eases, and in
connection with the accessory penalties which may be imposed and for the purpose
of the other provisions of this Code, the penalty shall be termed prision
mayor or reclusion temporal as the case may be.
''2nd. The penalty of prision correccional in its minimum and medium periods, if the
amount of the fraud is over One million two hundred thousand pesos (P1,200,000)
but does not exceed Two million four hundred thousand pesos (P2,400,000).
"'3rd. The penalty of arresto mayor in its maximum period to prision correccional. in
its minimum period, if such amount is over Forty thousand pesos (P40,000) but does
not exceed One million two hundred thousand pesos (P1,200,000).
"4th. By arresto mayor in its medium and maximum periods, if such amount does
not exceed Forty thousand pesos (P40,000): Provided, That in the four cases
mentioned, the fraud be committed by any of the following means.
"1. With unfaithfulness or abuse of confidence, namely:
"(a) By altering the substance, quantity, or quality of anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such obligation
be based on an immoral or illegal consideration.
"(b) By misappropriating or converting, to the prejudice of another, money, goods,
or any other personal property received by the offender in trust or on commission, or
for administration, or under any other obligation involving the duty to make delivery
of or to return the same, even though such obligation be totally or partially
guaranteed by a bond: or by denying having received such money, goods, or other
property.
"(c) By taking undue advantage of the signature of the offended party in blank, and
by writing any document above such signature in blank, to the prejudice of the
offended party or any third person.
24
"2. By means of any of the following false pretenses or fraudulent acts executed prior
to or simultaneously with the commission of the fraud:
"(a) By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or by
means of other similar deceits.
"(b) By altering the quality, fineness or weight of anything pertaining to his art or
business.
"(c) By pretending to have bribed any Government employee, without prejudice to
the action for calumny which the offended party may deem proper to bring against
the offender. In this case, the offender shall be punished by the maximum period of
the penalty.
"(d) By postdating a check, or issuing a check in payment of an obligation when the
offender had no funds in the bank, or his funds deposited therein were not sufficient
to cover the amount of the check. The failure of the drawer of the check to deposit
the amount necessary to cover his check within three (3) days from receipt of notice
from the bank and/or the payee or holder that said check has been dishonored for
lack or insufficiency of funds shall be prima facie evidence of deceit constituting false
pretense or fraudulent act.
"Any person who shall defraud another by means of false pretenses or fraudulent
acts as defined in paragraph 2(d) hereof shall be punished by:
"1st. The penalty of reclusion temporal in its maximum period, if the amount of fraud
is over Four million four hundred thousand pesos (P4,400,000) but does not exceed
Eight million eight hundred thousand pesos (P8,800,000). If the amount exceeds the
latter, the penalty shall be reclusion perpetua.
"2nd. The penalty of reclusion temporal in its minimum and medium periods, if the
amount of the fraud is over Two million four hundred thousand pesos (P2,400.000)
but does not exceed Four million four hundred thousand pesos (P4,400,000).
"3rd. The penalty of prision mayor in its maximum period, if the amount of the fraud
is over One million two hundred thousand pesos (P 1,200,000) but does not exceed
Two million four hundred thousand pesos (P2,400,000).
"4th. The penalty of prision mayor in its medium period, if such amount is over Forty
thousand pesos (P40,000) but does not exceed One million two hundred thousand
pesos (P1,200,000).
"5th. By prision mayor in its minimum period, if such amount does not exceed Forty
thousand pesos (P40.000).
Through any of the following fraudulent means:
"(a) By inducing another, by means of deceit, to sign any document.
"(b) By resorting to some fraudulent, practice to insure success in a gambling game.
"(c) By removing, concealing or destroying, in whole or in part, any court record,
office files, document or any other papers/'
SEC, 86. Article 318 of the same Act is hereby amended to read as follows:
"ART. 318. Other deceits. - The penalty of arresto mayor and a fine of not less than
the amount of the damage caused and not more than twice such amount, shall be
imposed upon any person who shall defraud or damage another by any other deceit
not mentioned in the preceding articles of this Chapter.
“Any person who, for profit or gain, shall interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of the public in any other similar
manner, shall suffer the penalty of arresto mayor or a fine not exceeding Forty
thousand pesos (P40,000)."
SEC. 87. Article 328 of the same Act is hereby amended to read as follows:
"ART. 328. Special cases of malicious mischief. - Any person who shall cause damage
to obstruct the performance of public functions, or using any poisonous or corrosive
substance; or spreading any infection or contagion among cattle; or who causes
damage to the property of the National Museum or National Library, or to any
archive or registry, waterworks, road, promenade, or any other thing used in
common by the public, shall be punished:
"1. By prision correccional in its minimum and medium periods, if the value of the
damage caused exceeds Two hundred thousand pesos (P200,000);
"2. By arresto mayor, if such value does not exceed the abovementioned amount but
is over Forty thousand pesos (P40,000): and
"3. By arresto menor. if such value does not exceed Forty thousand pesos
(P40,000)
SEC. 88. Article 329 of the same Act. as amended by Commonwealth Act No. 3999,
is hereby further amended to read as follows:
"ART. 329. Other mischiefs. - The mischiefs not included in the next preceding article
shall be punished:
"1. By arresto mayor in its medium and maximum periods, if the value of the
damage caused exceeds Two hundred thousand pesos (P200,000);
25
"2. By arresto mayor in its minimum and medium periods, if such value is over Forty
thousand pesos (P40,000) but does not exceed Two hundred thousand pesos
(P200,000); and
"3) By arresto menor or a fine of not less than the value of the damage caused and
not more than Forty thousand pesos (P40,000), if the amount involved does not
exceed Forty thousand pesos (P40,000) or cannot be estimated."
SEC. 89. Article 331 of the same Act is hereby amended to read as follows:
"ART. 331. Destroyingor damaging statues, public monuments or paintings. - Any
person who shall destroy or damage statues or any other useful or ornamental public
monument, shall suffer the penalty of arresto mayor in its medium period to prision
correccional in its minimum period.
"Any person who shall destroy or damage any useful or ornamental painting of a
public nature shall suffer the penalty of arresto menor or a fine not exceeding Forty
thousand pesos (P40,000), or both such fine and imprisonment, in the discretion of
the court."
SEC. 90. Article 347 of the same Act is hereby amended to read as follows:
"ART. 347. Simulation of births, substitution of one child foranother and concealment
or abandonment of a legitimate child. - The simulation of births and the substitution
of one child for another shall be punished by prision mayor and a fine of not
exceeding Two hundred thousand pesos (P200,000).
"The same penalties shall be imposed upon any person who shall conceal or abandon
any legitimate child with intent to cause such child to lose its civil status.
'"Any physician or surgeon or pub he officer who, in violation of the duties of his
profession or office - shall cooperate in the execution of any of the crimes mentioned
in the two (2) next preceding paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary special disqualification."
SEC. 91. Article 355 of the same Act is hereby amended to read as follows:
"ART. 355. Libel by means of writings or similar means. - A libel committed by
means of writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition., cinematographic exhibition, or any similar means, shall be
punished by prision correccional in its minimum and medium periods or a fine
ranging from Forty thousand pesos (P40,000) to One million two hundred thousand
pesos (P1,200,000), or both, in addition to the civil action which may be brought by
the offended party.''
SEC. 92. Article 356 of the same Act is hereby amended to read as follows:
"ART. 356. Threatening to publish and offer to prevent such publication for a
compensation. - The penalty of arresto mayor or a fine from Forty thousand pesos
(P40,000) to Four hundred thousand pesos (P400,000), or both, shall be imposed
upon any person who threatens another to publish a libel concerning him or the
parents, spouse, child, or other member of the family of the latter, or upon anyone
who shall offer to prevent the publication of such, libel for a compensation or money
consideration."
SEC. 93. Article 357 of the same Act is hereby amended to read as follows:
“ ART. 357. Prohibited publication of acts referred to in the course of official
proceedings. - The penalty of arresto mayor or a fine of Forty thousand pesos
(P40,000) to Two hundred thousand pesos (P200,000), or both, shall be imposed
upon any reporter, editor or manager of a newspaper, daily or magazine, who shall
publish facts connected with the private life of another and offensive to the honor,
virtue and reputation of said person, even though said publication be made in
connection with or under the pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such facts have been mentioned."
SEC. 94. Article 358 of the same Act is hereby amended to read as follows:
"ART. 358. Slander. - Oral defamation shall be punished by arresto mayor in its
maximum period to prision correccional in its minimum period if it is of a serious and
insulting nature; otherwise the penalty shall be arresto menor or a fine not
exceeding Twenty thousand pesos (P20,000)."
SEC. 95. Article 359 of the same Act is hereby amended to read as follows:
"ART. 359. Slander by deed. - The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period or a fine ranging from Twenty thousand
pesos (P20,000) to One hundred thousand pesos (P100,000) shall be imposed upon
any person who shall perform any act not included and punished in this title., which
shall cast, dishonor, discredit or contempt upon another person. If said act is not of a
serious nature, the penalty shall be arresto menor or a fine not exceeding Twenty
thousand pesos (P20,000)."
SEC. 96. Article 364 of the same Act is hereby amended to read as follows:
"ART. 364. Intriguing against honor. - The penalty of arresto menor or fine not
exceeding Twenty thousand pesos (P20,000) shall be imposed for any intrigue which
has for its principal purpose to blemish the honor or reputation of a person."
SEC. 97. Article 365 of the same Act, as amended by Republic Act No. 1790, is
hereby further amended to read as follows:
"ART. 365. Imprudence and negligence. - Any person who, by reckless imprudence,
shall commit any act which, had it been intentional, would constitute a grave felony,
26
shall suffer the penalty of arresto mayor in its maximum period
to prision correccional in its medium period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the penalty of arresto menor in
its maximum period shall be imposed.
"Any person who. by simple imprudence or negligence, shall commit an act which
would otherwise constitute a grave felony, shall suffer the penalty of arresto
mayor in its medium and maximum periods; if it would have constituted a less
serious felony, the penalty of arresto mayor in its minimum period shall be imposed.
"When the execution of the act covered by this article shall have only resulted in
damage to the property of another, the offender shall be punished by a fine ranging
from an amount equal to the value of said damages to three (3) times such value,
but which shall in no case be less than Five thousand pesos (P5,000).
"A fine not. exceeding Forty thousand pesos (P40,000) and censure shall be imposed
upon any person, who, by simple imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a light felony.
"In the imposition of these penalties, the court shall exercise their sound discretion,
without regard to the rules prescribed In Article 64.
"The provisions contained in this article shall not be applicable:
"1. When the penalty provided for the offense is equal to or lower than those
provided in the first two (2) paragraphs of this article, in which case the court shall
impose the penalty next lower in degree than that which should be imposed in the
period which they may deem proper to apply.
"2. When, by imprudence or negligence and with violation of the Automobile Law, the
death of a person shall be caused, in which case the defendant shall be punished
by prision correccional in its medium and maximum periods.
''Reckless imprudence consists in voluntarily, but without malice, doing or failing to
do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing or failing to perform such act. taking
into consideration his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and place.
"Simple imprudence consists in the lack of precaution displayed in those cases in
which the damage impending to be caused is not immediate nor the danger clearly
manifest.
''The penalty next higher in degree to those provided for in this article shall be
imposed upon the offender who fails to lend on the spot to the injured parties such
help as may be in his hands to give."
SEC. 98. Separability Clause. - Should any provision of this Act be declared invalid,
the remaining provisions shall continue to be valid and subsisting.

SEC. 99. Repealing Clause. - All laws, executive orders, or administrative orders,
rules and regulations or parts thereof, which are inconsistent with this Act are hereby
amended, repealed or modified accordingly.

SEC. 100. Retroactive Effect. - This Act shall have retroactive effect to the extent
that it is favorable to the accused or person serving sentence by final judgment.

SEC. 101. Transitory Provision; Applicability to Pending Cases. - For cases pending
before the courts upon the effectivity of this Act where trial has already started, the
courts hearing such cases shall not lose jurisdiction over the same by virtue of this
Act.

SEC. 102. Effectivity. - This Act shall take effect within fifteen (15) days after its
publication in at least, two (2) newspapers of general circulation.

27
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eighth Congress
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity
of every human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers.–
(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the commission of
an offense shall inform the latter, in a language known to and understood by
him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel,
he must be provided with a competent and independent counsel by the
investigating officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or
thumbmarked if the person arrested or detained does not know how to read
and write, it shall be read and adequately explained to him by his counsel or
by the assisting counsel provided by the investigating officer in the language
or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.
28
(d) Any extrajudicial confession made by a person arrested, detained or
under custodial investigation shall be in writing and signed by such person in
the presence of his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his
spouse, the municipal mayor, the municipal judge, district school supervisor,
or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of
Article 125 of the Revised Penal Code, or under custodial investigation, shall
be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate family,
or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family"
shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the "inviting"
officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those
directly affected by the case, those charged with conducting preliminary investigation
or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the
following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected
person is chargeable with light felonies;lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected
person is chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected
person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality
where the custodial investigation is conducted, provided that if the
municipality of city cannot pay such fee, the province comprising such
 municipality or city shall pay the fee: Provided, That the Municipal or City
Treasurer must certify that no funds are available to pay the fees of
assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with
the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any
investigating officer, who fails to inform any person arrested, detained or under
custodial investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of Six thousand
pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but
not more than ten (10) years, or both. The penalty of perpetual absolute
disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or

anyone acting upon orders of such investigating officer or in his place, who
fails to provide a competent and independent counsel to a person arrested,
detained or under custodial investigation for the commission of an offense if
the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any
member of the immediate family of a person arrested, detained or under
custodial investigation, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel,
from visiting and conferring privately with him, or from examining and
treating him, or from ministering to his spiritual needs, at any hour of the
day or, in urgent cases, of the night shall suffer the penalty of imprisonment
of not less than four (4) years nor more than six (6) years, and a fine of four
thousand pesos (P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby
repealed. Other laws, presidential decrees, executive orders or rules and regulations,
or parts thereof inconsistent with the provisions of this Act are repealed or modified
accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any daily newspapers of general circulation in
the Philippines.

29
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eighth Congress
Republic Act No. 6968 October 24, 1990
AN ACT PUNISHING THE CRIME OF COUP D′ÉTAT BY AMENDING ARTICLES
134, 135 AND 136 OF CHAPTER ONE, TITLE THREE OF ACT NUMBERED
THIRTY-EIGHT HUNDRED AND FIFTEEN, OTHERWISE KNOWN AS THE
REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. The heading of Chapter One, Title Three of the Revised Penal Code is
hereby amended to read as follows: "REBELLION, COUP D′ÉTAT, SEDITION AND
DISLOYALTY".
Section 2. Article 134 of the Revised Penal Code is hereby amended to read as
follows:
"Article 134. Rebellion or insurrection – How committed. – "he crime of
rebellion or insurrection is committed by rising and taking arms against the
Government for the purpose of removing from the allegiance to said
Government or its laws, the territory of the Republic of the Philippines or any
part thereof, of any body of land, naval or other armed forces, or depriving
the Chief Executive or the Legislature, wholly or partially, of any of their
powers or prerogatives."
Section 3. Chapter One, Title Three of the Revised Penal Code is hereby further
amended by adding a new article as follows:
"Art. 134-A. Coup D′ÉTAT. – How committed. – The crime of coup D′ÉTAT is
a swift attack accompanied by violence, intimidation, threat, strategy or
stealth, directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communications networks,
public utilities or other facilities needed for the exercise and continued
possession of power, singly or simultaneously carried out anywhere in the
Philippines by any person or persons, belonging to the military or police or
holding any public office or employment, with or without civilian support or
participation, for the purpose of seizing or diminishing state power."
30
Section 4. Article 135 of the Revised Penal Code is hereby amended to read as
follows:
"Art. 135. Penalty for rebellion, insurrection or coup D′ÉTAT. – Any person
who promotes, maintains or heads a rebellion or insurrection shall suffer the
penalty of reclusion perpetua.
"Any person merely participating or executing the commands of others in a
rebellion or insurrection shall suffer the penalty of reclusion temporal.
"Any person who leads or in any manner directs or commands others to
undertake a coup D′ÉTAT shall suffer the penalty of reclusion perpetua.
"Any person in the government service who participates, or executes
directions or commands of others in undertaking a coup D′ÉTAT shall suffer
the penalty of reclusion temporal in its maximum period.
"Any person not in the government service who participates, or in any
manner supports, finances, abets or aids in undertaking a coup D′ÉTAT shall
suffer the penalty of prision mayor in its maximum period.
"When the rebellion, insurrection, or coup D′ÉTAT shall be under the
command of unknown leaders, any person who in fact directed the others,
spoke for them, signed receipts and other documents issued in their name,
or performed similar acts, on behalf of the rebels shall be deemed a leader
of such rebellion, insurrection, or coup D′ÉTAT."
Section 5. Article 136 of the Revised Penal Code is hereby amended to read as
follows:
"Art. 136. Conspiracy and proposal to commit coup D′ÉTAT, rebellion or
insurrection. – The conspiracy and proposal to commit coup D′ÉTAT shall be
punished by prision mayor in its minimum period and a fine which shall not
exceed eight thousand pesos (P8,000.00).
"The conspiracy and proposal to commit rebellion or insurrection shall be
punished, respectively, by prision correccional in its maximum period and a
fine which shall not exceed five thousand pesos (P5,000.00), and by prision
correccional in its medium period and a fine not exceeding two thousand
pesos (P2,000.00)."
Section 6. Repealing Clause. – All laws, executive orders, rules and regulations, or
any part thereof inconsistent herewith are deemed repealed or modified accordingly.
Section 7. Separability Clause. – If for any reason, any section or provision of this
Act, or any part thereof, or the application of such section, provision, or portion is
declared invalid or unconstitutional, the remainder thereof shall not be effected by
such declaration.

Section 8. Effectivity. – This Act shall take effect upon its approval and publication
in at least two (2) newspapers of general circulation.

31
BATAS PAMBANSA BLG. 880
AN ACT ENSURING THE FREE EXERCISE BY THE PEOPLE OF THEIR RIGHT
PEACEABLY TO ASSEMBLE AND PETITION THE GOVERNMENT FOR OTHER
PURPOSES
Section 1. Title - This Act shall be known as "The Public Assembly Act of 1985."
Section 2. Declaration of policy - The constitutional right of the people peaceably to
assemble and petition the government for redress of grievances is essential and vital
to the strength and stability of the State. To this end, the State shall ensure the free
exercise of such right without prejudice to the rights of others to life, liberty and
equal protection of the law.
Section 3. Definition of terms - For purposes of this Act:
(a) "Public assembly" means any rally, demonstration, march, parade,
procession or any other form of mass or concerted action held in a public
place for the purpose of presenting a lawful cause; or expressing an opinion
to the general public on any particular issue; or protesting or influencing any
state of affairs whether political, economic or social; or petitioning the
government for redress of grievances.
The processions, rallies, parades, demonstrations, public meetings and
assemblages for religious purposes shall be governed by local ordinances:
Provided, however, That the declaration of policy as provided in Section 2 of
this Act shall be faithfully observed.
The definition herein contained shall not include picketing and other
concerted action in strike areas by workers and employees resulting from a
labor dispute as defined by the Labor Code, its implementing rules and
regulations, and by the Batas Pambansa Bilang 227.
(b) "Public place" shall include any highway, boulevard, avenue, road,
street, bridge or other thoroughfare, park, plaza, square, and/or any open
space of public ownership where the people are allowed access.
(c) "Maximum tolerance" means the highest degree of restraint that the
military, police and other peace keeping authorities shall observe during a
public assembly or in the dispersal of the same.
(d) "Modification of permit" shall include the change of the place and time of
the public assembly, rerouting of the parade or street march, the volume of
loud-speakers or sound system and similar changes.
32
Section 4. Permit when required and when not required - A written permit shall be
required for any person or persons to organize and hold a public assembly in a public
place. However, no permit shall be required if the public assembly shall be done or
made in a freedom park duly established by law or ordinance or in private property,
in which case only the consent of the owner or the one entitled to its legal possession
is required, or in the campus of a government-owned and operated educational
institution which shall be subject to the rules and regulations of said educational
institution. Political meetings or rallies held during any election campaign period as
provided for by law are not covered by this Act.
Section 5. Application requirements - All applications for a permit shall comply with
the following guidelines:
(a) The applications shall be in writing and shall include the names of the
leaders or organizers; the purpose of such public assembly; the date, time
and duration thereof, and place or streets to be used for the intended
activity; and the probable number of persons participating, the transport and
the public address systems to be used.
(b) The application shall incorporate the duty and responsibility of applicant
under Section 8 hereof.
(c) The application shall be filed with the office of the mayor of the city or
municipality in whose jurisdiction the intended activity is to be held, at least
five (5) working days before the scheduled public assembly.
(d) Upon receipt of the application, which must be duly acknowledged in
writing, the office of the city or municipal mayor shall cause the same to
immediately be posted at a conspicuous place in the city or municipal
building.
Section 6. Action to be taken on the application -
(a) It shall be the duty of the mayor or any official acting in his behalf to
issue or grant a permit unless there is clear and convincing evidence that
the public assembly will create a clear and present danger to public order,
public safety, public convenience, public morals or public health.
(b) The mayor or any official acting in his behalf shall act on the application
within two (2) working days from the date the application was filed, failing
which, the permit shall be deemed granted. Should for any reason the
mayor or any official acting in his behalf refuse to accept the application for
a permit, said application shall be posted by the applicant on the premises of
the office of the mayor and shall be deemed to have been filed.
(c) If the mayor is of the view that there is imminent and grave danger of a
substantive evil warranting the denial or modification of the permit, he shall
immediately inform the applicant who must be heard on the matter.
 (d) The action on the permit shall be in writing and served on the application
within twenty-four hours.
(e) If the mayor or any official acting in his behalf denies the application or
modifies the terms thereof in his permit, the applicant may contest the
decision in an appropriate court of law.
(f) In case suit is brought before the Metropolitan Trial Court, the Municipal
Trial Court, the Municipal Circuit Trial Court, the Regional Trial Court, or the
Intermediate Appellate Court, its decisions may be appealed to the
appropriate court within forty-eight (48) hours after receipt of the same. No
appeal bond and record on appeal shall be required. A decision granting such
permit or modifying it in terms satisfactory to the applicant shall, be
immediately executory.
(g) All cases filed in court under this Section shall be decided within twenty-
four (24) hours from date of filing. Cases filed hereunder shall be
immediately endorsed to the executive judge for disposition or, in his
absence, to the next in rank.
(h) In all cases, any decision may be appealed to the Supreme Court.
(i) Telegraphic appeals to be followed by formal appeals are hereby allowed.
Section 7. Use of public thoroughfare - Should the proposed public assembly involve
the use, for an appreciable length of time, of any public highway, boulevard, avenue,
road or street, the mayor or any official acting in his behalf may, to prevent grave
public inconvenience, designate the route thereof which is convenient to the
participants or reroute the vehicular traffic to another direction so that there will be
no serious or undue interference with the free flow of commerce and trade.
Section 8. Responsibility of applicant - It shall be the duty and responsibility of the
leaders and organizers of a public assembly to take all reasonable measures and
steps to the end that the intended public assembly shall be conducted peacefully in
accordance with the terms of the permit. These shall include but not be limited to the
following:
(a) To inform the participants of their responsibility under the permit;
(b) To police the ranks of the demonstrators in order to prevent non-
demonstrators from disrupting the lawful activities of the public assembly;
(c) To confer with local government officials concerned and law enforcers to
the end that the public assembly may be held peacefully;
(d) To see to it that the public assembly undertaken shall not go beyond the
time stated in the permit; and
33
(e) To take positive steps that demonstrators do not molest any person or
do any act unduly interfering with the rights of other persons not
participating in the public assembly.
Section 9. Non-interference by law enforcement authorities - Law enforcement
agencies shall not interfere with the holding of a public assembly. However, to
adequately ensure public safety, a law enforcement contingent under the command
of a responsible police officer may be detailed and stationed in a place at least one
hundred (100) meter away from the area of activity ready to maintain peace and
order at all times.
Section 10. Police assistance when requested - It shall be imperative for law
enforcement agencies, when their assistance is requested by the leaders or
organizers, to perform their duties always mindful that their responsibility to provide
proper protection to those exercising their right peaceably to assemble and the
freedom of expression is primordial. Towards this end, law enforcement agencies
shall observe the following guidelines:
(a) Members of the law enforcement contingent who deal with the
demonstrators shall be in complete uniform with their nameplates and units
to which they belong displayed prominently on the front and dorsal parts of
their uniform and must observe the policy of "maximum tolerance" as herein
defined;
(b) The members of the law enforcement contingent shall not carry any kind
of firearms but may be equipped with baton or riot sticks, shields, crash
helmets with visor, gas masks, boots or ankle high shoes with shin guards;
(c) Tear gas, smoke grenades, water cannons, or any similar anti-riot device
shall not be used unless the public assembly is attended by actual violence
or serious threats of violence, or deliberate destruction of property.
Section 11. Dispersal of public assembly with permit - No public assembly with a
permit shall be dispersed. However, when an assembly becomes violent, the police
may disperse such public assembly as follows:
(a) At the first sign of impending violence, the ranking officer of the law
enforcement contingent shall call the attention of the leaders of the public
assembly and ask the latter to prevent any possible disturbance;
(b) If actual violence starts to a point where rocks or other harmful objects
from the participants are thrown at the police or at the non-participants, or
at any property causing damage to such property, the ranking officer of the
law enforcement contingent shall audibly warn the participants that if the
disturbance persists, the public assembly will be dispersed;
(c) If the violence or disturbances prevailing as stated in the preceding
subparagraph should not stop or abate, the ranking officer of the law
 enforcement contingent shall audibly issue a warning to the participants of
the public assembly, and after allowing a reasonable period of time to lapse,
shall immediately order it to forthwith disperse;
(d) No arrest of any leader, organizer or participant shall also be made
during the public assembly unless he violates during the assembly a law,
statute, ordinance or any provision of this Act. Such arrest shall be governed
by Article 125 of the Revised Penal Code, as amended:
(e) Isolated acts or incidents of disorder or branch of the peace during the
public assembly shall not constitute a group for dispersal.
Section 12. Dispersal of public assembly without permit - When the public assembly
is held without a permit where a permit is required, the said public assembly may be
peacefully dispersed.
Section 13. Prohibited acts - The following shall constitute violations of this Act:
(a) The holding of any public assembly as defined in this Act by any leader
or organizer without having first secured that written permit where a permit
is required from the office concerned, or the use of such permit for such
purposes in any place other than those set out in said permit: Provided,
however, That no person can be punished or held criminally liable for
participating in or attending an otherwise peaceful assembly;
(b) Arbitrary and unjustified denial or modification of a permit in violation of
the provisions of this Act by the mayor or any other official acting in his
behalf.
(c) The unjustified and arbitrary refusal to accept or acknowledge receipt of
the application for a permit by the mayor or any official acting in his behalf;
(d) Obstructing, impeding, disrupting or otherwise denying the exercise of
the right to peaceful assembly;
(e) The unnecessary firing of firearms by a member of any law enforcement
agency or any person to disperse the public assembly;
(f) Acts in violation of Section 10 hereof;
(g) Acts described hereunder if committed within one hundred (100) meters
from the area of activity of the public assembly or on the occasion thereof;
1. the carrying of a deadly or offensive weapon or device such as
firearm, pillbox, bomb, and the like;
34
2. the carrying of a bladed weapon and the like;
3 the malicious burning of any object in the streets or
thoroughfares;
4. the carrying of firearms by members of the law enforcement
unit;
5. the interfering with or intentionally disturbing the holding of a
public assembly by the use of a motor vehicle, its horns and loud
sound systems.
Section 14. Penalties - Any person found guilty and convicted of any of the
prohibited acts defined in the immediately preceding Section shall be punished as
follows:
(a) violation of subparagraph (a) shall be punished by imprisonment of one
month and one day to six months;
(b) violations of subparagraphs (b), (c), (d), (e), (f), and item 4,
subparagraph (g) shall be punished by imprisonment of six months and one
day to six years;
(c) violation of item 1, subparagraph (g) shall be punished by imprisonment
of six months and one day to six years without prejudice to prosecution
under Presidential Decree No. 1866;
(d) violations of item 2, item 3, or item 5 of subparagraph (g) shall be
punished by imprisonment of one day to thirty days.
Section 15. Freedom parks - Every city and municipality in the country shall within
six months after the effectivity of this Act establish or designate at least one suitable
"freedom park" or mall in their respective jurisdictions which, as far as practicable,
shall be centrally located within the poblacion where demonstrations and meetings
may be held at any time without the need of any prior permit.
In the cities and municipalities of Metropolitan Manila, the respective mayors shall
establish the freedom parks within the period of six months from the effectivity of
this Act.
Section 16. Constitutionality - Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be
affected thereby.
Section 17. Repealing clause - All laws, decrees, letters of instructions, resolutions,
orders, ordinances or parts thereof which are inconsistent with the provisions of this
Act are hereby repealed, amended, or modified accordingly.
Section 18. Effectivity - This Act shall take effect upon its approval.

35
Republic of the Philippines the knowledge of its existence or its explosive or incendiary character, shall
Congress of the Philippines not be a violation of this Section.
Metro Manila
"Provided, Further, That the temporary, incidental, casual, harmless, or
Fourteenth Congress transient possession or control of any explosive or incendiary device for the
Second Regular Session sole purpose of surrendering it to the proper authorities shall not be a
violation of this Section.

"Provided, finally, That in addition to the instances provided in the two (2)
immediately preceeding paragraphs, the court may determine the absence
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two of the intent to possess, otherwise referred to as 'animus possidendi", in
thousand seven. 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."
Republic Act No. 9516 December 22
Amending Section 3 and 4 of PD 1866
Section 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
AN ACT FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE
NO. 1866, AS AMENDED, ENTITLED CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, "SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation
ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR or Possession of a Part, Ingredient, Machinery, Tool or Instrument Used or
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, Intended to be Used for the Manufacture, Construction, Assembly, Delivery
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR or Detonation. - The penalty of reclusion perpetua shall be imposed upon
CERTAIN VIOLATIONS THEREOF, AND FOR OTHER RELEVANT PURPOSES" any person who shall willfully and unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether chemical,
Be it enacted by the Senate and House of Representatives of the Philippines in mechanical, electronic, electrical or otherwise, used or intended to be used
Congress assembled:: by that person for its manufacture, construction, assembly, delivery or
detonation, where the explosive or incendiary device is capable or is
Section 1. Section 3 of Presidential Decree No. 1866, as amended, is hereby further intended to be made capable of producing destructive effect on contiguous
amended to read as follows: objects or causing injury or death to any person.

"Section 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
"Provided, That the mere possession of any part, ingredient, machinery, tool
or instrument directly used in the manufacture, construction, assembly,
delivery or detonation of any explosive or incendiary device, by any person
whose business activity, or employment does not lawfully deal with the
possession of such article shall be prima facie evidence that such article is
intended to be used by that person in the unlawful/illegal manufacture,
construction, assembly, delivery or detonation of an explosive or incendiary
device.
"Provided, however, That a temporary incidental, casual, harmless or
transient possession or control of any part, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device, without the knowledge of
its existence or character as part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device, shall not be a violation of
this Section.

36
 "Provided, Further, That the temporary, incidental, casual, harmless, or
transient possession or control of any part, ingredient, machinery, tool or
instrument directly used in the manufacture, construction, assembly,
delivery or detonation of any explosive or incendiary device for the sole
purpose of surrendering it to the proper authorities shall not be a violation of
this Section.
"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."
Section 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and
4-F in Presidential Decree No. 1866 to read as follows:
"SEC. 3-B. Penalty for the Owner, President, Manager, Director or Other
Responsible Officer of Any Public or Private Firm, Company, Corporation or
Entity. - The penalty of reclusion perpetua shall be imposed upon the owner,
president, manager, director or other responsible officer of any public or
private firm, company, corporation or entity, who shall willfully or knowingly
allow any explosive or incendiary device or parts thereof owned or controlled
by such firm, company, corporation or entity to be used by any person or
persons found guilty of violating the provisions of the preceding paragraphs.
"SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree and
the Penalty Therefor. - When a violation of Section 3, 3-A or 3-B of this
Decree is a necessary means for committing any of the crimes defined in the
Revised Penal Code or special laws, or is in furtherance of, incident to, in
connection with, by reason of, or on occassion of any of the crimes defined
in the Revised Penal Code or special laws, the penalty of 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.
"SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy. - Subject to the
provisions of the Rules of Court on double jeopardy, if the application thereof
is more favorable to the accused, the conviction or acquittal of the accused
or the dismissal of the case for violation of this Decree shall be a bar to
another prosecution of the same accused for any offense where the violation
of this Decree was a necessary means for 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
committed, and vice versa.
"SEC. 4. Responsibility and liability of Law Enforcement Agencies and Other
Government Officials and Employees in Testifying as Prosecution Witnesses.
- Any member of law enforcement agencies or any other government official
and employee who, after due notice, fails or refuses, intentionally or
37
negligently, to appear as a witness for the prosecution of the defense in any
proceeding, involving violations of this Decree, without any valid reason,
shall be punished with reclusion temporal and a fine of Five hundred
Thousand pesos (P500,000.00) in addition to the administrative liability
he/she may be meted out by his/her immediate superior and/or appropriate
body.
"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 Section 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.
 "SEC. 4-B. Continuous Trial. -
the judge shall set the case for
to Friday or other short-term
Such case shall be terminated
the accused.
In cases involving violations of this Decree,
continuous trial on a daily basis from Monday
trial calendar so as to ensure speedy trial.
within ninety (90) days from arraignment of

"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 Section 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

Section 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 Sections 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.

38
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Sixteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two
thousand fourteen.
Republic Act No. 10667
AN ACT PROVIDING FOR A NATIONAL COMPETITION POLICY PROHIBITING
ANTI-COMPETITIVE AGREEMENTS, ABUSE OF DOMINANT POSITION AND
ANTI-COMPETITIVE MERGERS AND ACQUISITIONS, ESTABLISHING THE
PHILIPPINE COMPETITION COMMISSION AND APPROPRIATING FUNDS
THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
CHAPTER
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Philippine Competition Act".
Section 2. Declaration of Policy. – The efficiency of market competition as a
mechanism for allocating goods and services is a generally accepted precept. The
State recognizes that past measures undertaken to liberalize key sectors in the
economy need to be reinforced by measures that safeguard competitive conditions.
The State also recognizes that the provision of equal opportunities to all promotes
entrepreneurial spirit, encourages private investments, facilitates technology
development and transfer and enhances resource productivity. Unencumbered
market competition also serves the interest of consumers by allowing them to
exercise their right of choice over goods and services offered in the market.
Pursuant to the constitutional goals for the national economy to attain a more
equitable distribution of opportunities, income, and wealth; a sustained increase in
the amount of goods and services produced by the nation for the benefit of the
people; and an expanding productivity as the key to raising the quality of life for all,
especially the underprivileged and the constitutional mandate that the State shall
regulate or prohibit monopolies when the public interest so requires and that no
combinations in restraint of trade or unfair competition shall be allowed, the State
shall:
(a) Enhance economic efficiency and promote free and fair competition in
trade, industry and all commercial economic activities, as well as establish a
39
National Competition Policy to be implemented by the Government of the
Republic of the Philippines and all of its political agencies as a whole;
(b) Prevent economic concentration which will control the production,
distribution, trade, or industry that will unduly stifle competition, lessen,
manipulate or constrict the discipline of free markets; and
(c) Penalize all forms of anti-competitive agreements, abuse of dominant
position and anti-competitive mergers and acquisitions, with the objective of
protecting consumer welfare and advancing domestic and international trade
and economic development.
Section 3. Scope and Application. — This Act shall be enforceable against any
person or entity engaged in any trade, industry and commerce in the Republic of the
Philippines. It shall likewise be applicable to international trade having direct,
substantial, and reasonably foreseeable effects in trade, industry, or commerce in
the Republic of the Philippines, including those that result from acts done outside the
Republic of the Philippines.
This Act shall not apply to the combinations or activities of workers or employees nor
to agreements or arrangements with their employers when such combinations,
activities, agreements, or arrangements are designed solely to facilitate collective
I bargaining in respect of conditions of employment.
Section 4. Definition of Terms. – As used in this Act:
(a) Acquisition refers to the purchase of securities or assets, through
contract or other means, for the purpose of obtaining control by:
(1) One (1) entity of the whole or part of another;
(2) Two (2) or more entities over another; or
(3) One (1) or more entities over one (1) or more entities;
(b) Agreement refers to any type or form of contract, arrangement,
understanding, collective recommendation, or concerted action, whether
formal or informal, explicit or tacit, written or oral;
(c) Conduct refers to any type or form of undertaking, collective
recommendation, independent or concerted action or practice, whether
formal or informal;
(d) Commission refers to the Philippine Competition Commission created
under this Act;
 (e) Confidential business information refers to information which concerns or
relates to the operations, production, sales, shipments, purchases, transfers,
identification of customers, inventories, or amount or source of any income,
profits, losses, expenditures;
(f) Control refers to the ability to substantially influence or direct the actions
or decisions of an entity, whether by contract, agency or otherwise;
(g) Dominant position refers to a position of economic strength that an
entity or entities hold which makes it capable of controlling the relevant
market independently from any or a combination of the following:
competitors, customers, suppliers, or consumers;
(h) Entity refers to any person, natural or juridical, sole proprietorship,
partnership, combination or association in any form, whether incorporated or
not, domestic or foreign, including those owned or controlled by the
government, engaged directly or indirectly in any economic activity;
(i) Market refers to the group of goods or services that are sufficiently
interchangeable or substitutable and the object of competition, and the
geographic area where said goods or services are offered;
(j) Merger refers to the joining of two (2) or more entities into an existing
entity or to form a new entity;
(k) Relevant market refers to the market in which a particular good or
service is sold and which is a combination of the relevant product market
and the relevant geographic market, defined as follows:
(1) A relevant product market comprises all those goods and/or
services which are regarded as interchangeable or substitutable by
the consumer or the customer, by reason of the goods and/or
services’ characteristics, their prices and their intended use; and
(2) The relevant geographic market comprises the area in which the
entity concerned is involved in the supply and demand of goods and
services, in which the conditions of competition are sufficiently
homogenous and which can be distinguished from neighboring areas
because the conditions of competition are different in those areas.
CHAPTER
PHILIPPINE COMPETITION COMMISSION
Section 5. Philippine Competition Commission. – To implement the national
competition policy and attain the objectives and purposes of this Act, an independent
quasi-judicial body is hereby created, which shall be known as the Philippine
Competition Commission (PCC), hereinafter referred to as the Commission, and
40
which shall be organized within sixty (60) days after the effectivity of this Act. Upon
establishment of the Commission, Executive Order No. 45 designating the
Department of Justice as the Competition Authority is hereby amended. The Office
for Competition (OFC) under the Office of the Secretary of Justice shall however be
retained, with its powers and functions modified pursuant to Section 13 of this
Chapter.
The Commission shall be an attached agency to the Office of the President.
Section 6. Composition of the Commission. – The Commission shall be composed of
a Chairperson and four (4) Commissioners. The Chairperson and the Commissioners
shall be citizens and residents of the Philippines, of good moral character, of
recognized probity and independence and must have distinguished themselves
professionally in public, civic or academic service in any of the following fields:
economics, law, finance, commerce or engineering. They must have been in the
active practice of their professions for at least ten (10) years, and must not have
been candidates for any elective national or local office in the immediately preceding
elections, whether regular or special: Provided, That at least one (1) shall be a
member of the Philippine Bar with at least ten (10) years of experience in the active
practice of law, and at least one (1) shall be an economist. The Chairperson and the
Commissioners who shall have the rank equivalent of cabinet secretary and
undersecretary, respectively, shall be appointed by the President.
Section 7. Term of Office. – The term of office of the Chairperson and the
Commissioners shall be seven (7) years without reappointment. Of the first set of
appointees, the Chairperson shall hold office for seven (7) years and of the first four
(4) Commissioners, two (2) shall hold office for a term of seven (7) years and two
(2) for a term of five (5) years. In case a vacancy occurs before the expiration of the
term of office, the appointment to such vacancy shall only be for the unexpired term
of the predecessor.
The Chairperson and the Commissioners shall enjoy security of tenure and shall not
be suspended or removed from office except for just cause as provided by law.
Section 8. Prohibitions and Disqualifications. – The Commissioners shall not, during
their tenure, hold any other office or employment. They shall not, during their
tenure, directly or indirectly practice any profession, except in a teaching capacity,
participate in any business, or be financially interested in any contract with, or any
franchise, or special privileges granted by the government or any subdivision,
agency, or instrumentality thereof, including government-owned and -controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the
conduct of their office. They shall not be qualified to run for any office in the election
II
immediately succeeding their cessation from office: Provided, That the election
mentioned hereof is not a Barangay election or a Sangguniang Kabataan election.
Provided, they shall not be allowed to personally appear or practice as counsel or
agent on any matter pending before the Commission for two (2) years following their
cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degree of any
of the Commissioners, the Chairperson and the Executive Director of the Commission
may appear as counsel nor agent on any matter pending before the Commission or
transact business directly or indirectly therein during incumbency and within two (2)
years from cessation of office.
Section 9. Compensation and Other Emoluments for Members and Personnel of the
Commission.— Thecompensation and other emoluments for the members and
personnel of the Commission shall be exempted from the coverage of Republic Act
No. 6758, otherwise known as the "Salary Standardization Act". For this purpose, the
salaries and other emoluments of the Chairperson, the Commissioners, and
personnel of the Commission shall be set based on an objective classification system,
taking into consideration the importance and responsibilities attached to the
respective positions, and shall be submitted to the President of the Philippines for his
approval.
Section 10. Quorum. – Three (3) members of the Commission shall constitute a
quorum and the affirmative vote of three (3) members shall be necessary for the
adoption of any rule, ruling, order, resolution, decision or other acts of the
Commission.
Section 11. Staff. – The Commission shall appoint, fix the compensation, and
determine the status, qualifications, and duties of an adequate staff, which shall
include an Executive Director of the Commission. The Executive Director shall be
appointed by the Commission and shall have relevant experience in any of the fields
of law, economics, commerce, management, finance or engineering for at least ten
(10) years. The members of the technical staff, except those performing purely
clerical functions, shall possess at least a Bachelor’s Degree in any of the following
lines of specialization: economics, law, finance, commerce, engineering, accounting,
or management.
Section 12. Powers and Functions. — The Commission shall have original and
primary jurisdiction over the enforcement and implementation of the provisions of
this Act, and its implementing rules and regulations. The Commission shall exercise
the following powers and functions:
(a) Conduct inquiry, investigate, and hear and decide on cases involving any
violation of this Act and other existing competition laws motu proprio or
upon receipt of a verified complaint from an interested party or upon referral
by the concerned regulatory agency, and institute the appropriate civil or
criminal proceedings;
(b) Review proposed mergers and acquisitions, determine thresholds for
notification, determine the requirements and procedures for notification, and
upon exercise of its powers to review, prohibit mergers and acquisitions that
will substantially prevent, restrict, or lessen competition in the relevant
market;
41
(c) Monitor and undertake consultation with stakeholders and affected
agencies for the purpose of understanding market behavior;
(d) Upon finding, based on substantial evidence, that an entity has entered
into an anti-competitive agreement or has abused its dominant position after
due notice and hearing, stop or redress the same, by applying remedies,
such as, but not limited to, issuance of injunctions, requirement of
divestment, and disgorgement of excess profits under such reasonable
parameters that shall be prescribed by the rules and regulations
implementing this Act;
(e) Conduct administrative proceedings, impose sanctions, fines or penalties
for any noncompliance with or breach of this Act and its implementing rules
and regulations (IRR) and punish for contempt;
(f) Issue subpoena duces tecum and subpoena ad testificandum to require
the production of books, records, or other documents or data which relate to
any matter relevant to the investigation and personal appearance before the
Commission, summon witnesses, administer oaths, and issue interim orders
such as show cause orders and cease and desist orders after due notice and
hearing in accordance with the rules and regulations implementing this Act;
(g) Upon order of the court, undertake inspections of business premises and
other offices, land and vehicles, as used by the entity, where it reasonably
suspects that relevant books, tax records, or other documents which relate
to any matter relevant to the investigation are kept, in order to prevent the
removal, concealment, tampering with, or destruction of the books, records,
or other documents;
(h) Issue adjustment or divestiture orders including orders for corporate
reorganization or divestment in the manner and under such terms and
conditions as may be prescribed in the rules and regulations implementing
this Act. Adjustment or divestiture orders, which are structural remedies,
should only be imposed:
(1) Where there is no equally effective behavioral remedy; or
(2) Where any equally effective behavioral remedy would be more
burdensome for the enterprise concerned than the structural
remedy. Changes to the structure of an enterprise as it existed
before the infringement was committed would only be proportionate
to the substantial risk of a lasting or repeated infringement that
derives from the very structure of the enterprise;
(i) Deputize any and all enforcement agencies of the government or enlist
the aid and support of any private institution, corporation, entity or
association, in the implementation of its powers and functions;
 (j) Monitor compliance by the person or entities concerned with the cease
and desist order or consent judgment;
(k) Issue advisory opinions and guidelines on competition matters for the
effective enforcement of this Act and submit annual and special reports to
Congress, including proposed legislation for the regulation of commerce,
trade, or industry;
(l) Monitor and analyze the practice of competition in markets that affect the
Philippine economy; implement and oversee measures to promote
transparency and accountability; and ensure that prohibitions and
requirements of competition laws are adhered to;
(m) Conduct, publish, and disseminate studies and reports on anti-
competitive conduct and agreements to inform and guide the industry and
consumers;
(n) Intervene or participate in administrative and regulatory proceedings
requiring consideration of the provisions of this Act that are initiated by
government agencies such as the Securities and Exchange Commission, the
Energy Regulatory Commission and the National Telecommunications
Commission;
(o) Assist the National Economic and Development Authority, in consultation
with relevant agencies and sectors, in the preparation and formulation of a
national competition policy;
(p) Act as the official representative of the Philippine government in
international competition matters;
(q) Promote capacity building and the sharing of best practices with other
competition-related bodies;
(r) Advocate pro-competitive policies of the government by:
(1) Reviewing economic and administrative regulations, motu
proprio or upon request, as to whether or not they adversely affect
relevant market competition, and advising the concerned agencies
against such regulations; and
(2) Advising the Executive Branch on the competitive implications of
government actions, policies and programs; and
(s) Charging reasonable fees to defray the administrative cost of the
services rendered.
42
Section 13. Office for Competition (OFC), Powers and Functions. — The OFC under
the Department of Justice (DOJ-OFC) shall only conduct preliminary investigation
and undertake prosecution of all criminal offenses arising under this Act and other
competition-related laws in accordance with Section 31 of Chapter VI of this Act. The
OFC shall be reorganized and allocated resources as may be required therefor to
effectively pursue such mandate.
CHAPTER III
PROHIBITED ACTS
Section 14. Anti-Competitive Agreements. –
(a) The following agreements, between or among competitors, are per
se prohibited:
(1) Restricting competition as to price, or components thereof, or
other terms of trade;
(2) Fixing price at an auction or in any form of bidding including
cover bidding, bid suppression, bid rotation and market allocation
and other analogous practices of bid manipulation;
(b) The following agreements, between or among competitors which have
the object or effect of substantially preventing, restricting or lessening
competition shall be prohibited:
(1) Setting, Kmiting, or controlling production, markets, technical
development, or investment;
(2) Dividing or sharing the market, whether by volume of sales or
purchases, territory, type of goods or services, buyers or sellers or
any other means;
(c) Agreements other than those specified in (a) and (b) of this section
which have the object or effect of substantially preventing, restricting or
lessening competition shall also be prohibited: Provided, Those which
contribute to improving the production or distribution of goods and services
or to promoting technical or economic progress, while allowing consumers a
fair share of the resulting benefits, may not necessarily be deemed a
violation of this Act.
An entity that controls, is controlled by, or is under common control with another
entity or entities, have common economic interests, and are not otherwise able to
decide or act independently of each other, shall not be considered competitors for
purposes of this section.
Section 15. Abuse of Dominant Position. – It shall be prohibited for one or more
entities to abuse their dominant position by engaging in conduct that would
substantially prevent, restrict or lessen competition:
(a) Selling goods or services below cost with the object of driving
competition out of the relevant market: Provided, That in the Commission’s
evaluation of this fact, it shall consider whether the entity or entities have no
such object and the price established was in good faith to meet or compete
with the lower price of a competitor in the same market selling the same or
comparable product or service of like quality;
(b) Imposing barriers to entry or committing acts that prevent competitors
from growing within the market in an anti-competitive manner except those
that develop in the market as a result of or arising from a superior product
or process, business acumen, or legal rights or laws;
(c) Making a transaction subject to acceptance by the other parties of other
obligations which, by their nature or according to commercial usage, have
no connection with the transaction;
(d) Setting prices or other terms or conditions that discriminate
unreasonably between customers or sellers of the same goods or services,
where such customers or sellers are contemporaneously trading on similar
terms and conditions, where the effect may be to lessen competition
substantially: Provided, That the following shall be considered permissible
price differentials:
(1) Socialized pricing for the less fortunate sector of the economy;
(2) Price differential which reasonably or approximately reflect
differences in the cost of manufacture, sale, or delivery resulting
from differing methods, technical conditions, or quantities in which
the goods or services are sold or delivered to the buyers or sellers;
(3) Price differential or terms of sale offered in response to the
competitive price of payments, services or changes in the facilities
furnished by a competitor; and
(4) Price changes in response to changing market conditions,
marketability of goods or services, or volume;
(e) Imposing restrictions on the lease or contract for sale or trade of goods
or services concerning where, to whom, or in what forms goods or services
may be sold or traded, such as fixing prices, giving preferential discounts or
rebate upon such price, or imposing conditions not to deal with competing
entities, where the object or effect of the restrictions is to prevent, restrict
or lessen competition substantially: Provided, That nothing contained in this
Act shall prohibit or render unlawful:
43
(1) Permissible franchising, licensing, exclusive merchandising or
exclusive distributorship agreements such as those which give each
party the right to unilaterally terminate the agreement; or
(2) Agreements protecting intellectual property rights, confidential
information, or trade secrets;
(f) Making supply of particular goods or services dependent upon the
purchase of other goods or services from the supplier which have no direct
connection with the main goods or services to be supplied;
(g) Directly or indirectly imposing unfairly low purchase prices for the goods
or services of, among others, marginalized agricultural producers, fisherfolk,
micro-, small-, medium-scale enterprises, and other marginalized service
providers and producers;
(h) Directly or indirectly imposing unfair purchase or selling price on their
competitors, customers, suppliers or consumers, provided that prices that
develop in the market as a result of or due to a superior product or process,
business acumen or legal rights or laws shall not be considered unfair prices;
and
(i) Limiting production, markets or technical development to the prejudice of
consumers, provided that limitations that develop in the market as a result
of or due to a superior product or process, business acumen or legal rights
or laws shall not be a violation of this Act:
Provided, That nothing in this Act shall be construed or interpreted as a prohibition
on having a dominant position in a relevant market or on acquiring, maintaining and
increasing market share through legitimate means that do not substantially prevent,
restrict or lessen competition:
Provided, further, That any conduct which contributes to improving production or
distribution of goods or services within the relevant market, or promoting technical
and economic progress while allowing consumers a fair share of the resulting benefit
may not necessarily be considered an abuse of dominant position:
Provided, finally, That the foregoing shall not constrain the Commission or the
relevant regulator from pursuing measures that would promote fair competition or
more competition as provided in this Act.
CHAPTER IV
MERGERS AND ACQUISITIONS
Section 16. Review of Mergers and Acquisitions. — The Commission shall have the
power to review mergers and acquisitions based on factors deemed relevant by the
Commission.
Section 17. Compulsory Notification. – Parties to the merger or acquisition under Section 20 and does not qualify for exemption under Section 21 of this
agreement referred to in the preceding section wherein the value of the transaction Chapter, the Commission may:
exceeds one billion pesos (P1,000,000,000.00) are prohibited from consummating
their agreement until thirty (30) days after providing notification to the Commission (a) Prohibit the implementation of the agreement;
in the form and containing the information specified in the regulations issued by the
Commission: Provided, That the Commission shall promulgate other criteria, such as
increased market share in the relevant market in excess of minimum thresholds, that (b) Prohibit the implementation of the agreement unless and until it is
may be applied specifically to a sector, or across some or all sectors, in determining modified by changes specified by the Commission.
whether parties to a merger or acquisition shall notify the Commission under this
Chapter. (c) Prohibit the implementation of the agreement unless and until the
pertinent party or parties enter into legally enforceable agreements specified
An agreement consummated in violation of this requirement to notify the by the Commission.
Commission shall be considered void and subject the parties to an administrative fine
of one percent (1%) to five percent (5%) of the value of the transaction. Section 19. Notification Threshold. – The Commission shall, from time to time,
adopt and publish regulations stipulating:
Should the Commission deem it necessary, it may request further information that
are reasonably necessary and directly relevant to the prohibition under Section 20 (a) The transaction value threshold and such other criteria subject to the
hereof from the parties to the agreement before the expiration of the thirty (30)-day notification requirement of Section 17 of this Act;
period referred. The issuance of such a request has the effect of extending the period
within which the agreement may not be consummated for an additional sixty (60) (b) The information that must be supplied for notified merger or acquisition;
days, beginning on the day after the request for information is received by the
parties: Provided, That, in no case shall the total period for review by the
Commission of the subject agreement exceed ninety (90) days from initial (c) Exceptions or exemptions from the notification requirement; and
notification by the parties.
(d) Other rules relating to the notification procedures.
When the above periods have expired and no decision has been promulgated for
whatever reason, the merger or acquisition shall be deemed approved and the Section 20. Prohibited. Mergers and Acquisitions. – Merger or acquisition
parties may proceed to implement or consummate it. All notices, documents and agreements that substantially prevent, restrict or lessen competition in the relevant
information provided to or emanating from the Commission under this section shall market or in the market for goods or services as may be determined by the
be subject to confidentiality rule under Section 34 of this Act except when the Commission shall be prohibited.
release of information contained therein is with the consent of the notifying entity or
is mandatorily required to be disclosed by law or by a valid order of a court of
Section 21. Exemptions from Prohibited. Mergers and Acquisitions. – Merger or
competent jurisdiction, or of a government or regulatory agency, including an
acquisition agreement prohibited under Section 20 of this Chapter may, nonetheless,
exchange.
be exempt from prohibition by the Commission when the parties establish either of
the following:
In the case of the merger or acquisition of banks, banking institutions, building and
loan associations, trust companies, insurance companies, public utilities, educational
(a) The concentration has brought about or is likely to bring about gains in
institutions and other special corporations governed by special laws, a favorable or
efficiencies that are greater than the effects of any limitation on competition
no-objection ruling by the Commission shall not be construed as dispensing of the
that result or likely to result from the merger or acquisition agreement; or
requirement for a favorable recommendation by the appropriate government agency
under Section 79 of the Corporation Code of the Philippines.
(b) A party to the merger or acquisition agreement is faced with actual or
imminent financial failure, and the agreement represents the least anti-
A favorable recommendation by a governmental agency with a competition mandate
competitive arrangement among the known alternative uses for the failing
shall give rise to a disputable presumption that the proposed merger or acquisition is
entity’s assets:
not violative of this Act.

Provided, That an entity shall not be prohibited from continuing to own and hold the
Section 18. Effect of Notification. — If within the relevant periods stipulated in the
stock or other share capital or assets of another corporation which it acquired prior
preceding section, the Commission determines that such agreement is prohibited

44
to the approval of this Act or acquiring or maintaining its market share in a relevant
market through such means without violating the provisions of this Act:
Provided, further, That the acquisition of the stock or other share capital of one or
more corporations solely for investment and not used for voting or exercising control
and not to otherwise bring about, or attempt to bring about the prevention,
restriction, or lessening of competition in the relevant market shall not be prohibited.
Section 22. Burden of Proof. – The burden of proof under Section 21 lies with the
parties seeking the exemption. A party seeking to rely on the exemption specified in
Section 21(a) must demonstrate that if the agreement were not implemented,
significant efficiency gains would not be realized.
Section 23. Finality of Ridings on Mergers and Acquisitions. – Merger or acquisition
agreements that have received a favorable ruling from the Commission, except when
such ruling was obtained on the basis of fraud or false material information, may not
be challenged under this Act.
CHAPTER V (e) There exists ownership over or the right to use all or a significant part of
DISPOSITION OF CASES
Section 24. Relevant Market. – For purposes of determining the relevant market,
the following factors, among others, affecting the substitutability among goods or
services constituting such market and the geographic area delineating the
boundaries of the market shall be considered:
(a) The possibilities of substituting the goods or services in question, with
others of domestic or foreign origin, considering the technological
possibilities, extent to which substitutes are available to consumers and time
required for such substitution;
(b) The cost of distribution of the good or service, its raw materials, its
supplements and substitutes from other areas and abroad, considering
freight, insurance, import duties and non-tariff restrictions; the restrictions
imposed by economic agents or by their associations; and the time required
to supply the market from those areas;
(c) The cost and probability of users or consumers seeking other markets;
and
(d) National, local or international restrictions which limit access by users or
consumers to alternate sources of supply or the access of suppliers to
alternate consumers.
Section 25. Control of an Entity. – In determining the control of an entity, the
Commission may consider the following:
45
Control is presumed to exist when the parent owns directly or indirectly, through
subsidiaries, more than one half (1/2) of the voting power of an entity, unless in
exceptional circumstances, it can clearly be demonstrated that such ownership does
not constitute control. Control also exists even when an entity owns one half (1/2) or
less of the voting power of another entity when:
(a) There is power over more than one half (1/2) of the voting rights by
virtue of an agreement with investors;
(b) There is power to direct or govern the financial and operating policies of
the entity under a statute or agreement;
(c) There is power to appoint or remove the majority of the members of the
board of directors or equivalent governing body;
(d) There is power to cast the majority votes at meetings of the board of
directors or equivalent governing body;
the assets of the entity;
(f) There exist rights or contracts which confer decisive influence on the
decisions of the entity.
Section 26. Determination of Anti-Competitive Agreement or Conduct. – In
determining whether anti-competitive agreement or conduct has been committed,
the Commission shall:
(a) Define the relevant market allegedly affected by the anti-competitive
agreement or conduct, following the principles laid out in Section 24 of this
Chapter;
(b) Determine if there is actual or potential adverse impact on competition in
the relevant market caused by the alleged agreement or conduct, and if
such impact is substantial and outweighs the actual or potential efficiency
gains that result from the agreement or conduct;
(c) Adopt a broad and forward-looking perspective, recognizing future
market developments, any overriding need to make the goods or services
available to consumers, the requirements of large investments in
infrastructure, the requirements of law, and the need of our economy to
respond to international competition, but also taking account of past
behavior of the parties involved and prevailing market conditions;
(d) Balance the need to ensure that competition is not prevented or
substantially restricted and the risk that competition efficiency, productivity,
innovation, or development of priority areas or industries in the general
 interest of the country may be deterred by overzealous or undue
intervention; and
(e) Assess the totality of evidence on whether it is more likely than not that
the entity has engaged in anti-competitive agreement or conduct including
whether the entity’s conduct was done with a reasonable commercial
purpose such as but not limited to phasing out of a product or closure of a
business, or as a reasonable commercial response to the market entry or
conduct of a competitor.
Section 27. Market Dominant Position. – In determining whether an entity has
market dominant position for purposes of this Act, the Commission shall consider the
following:
(a) The share of the entity in the relevant market and whether it is able to
fix prices unilaterally or to restrict supply in the relevant market;
(b) The existence of barriers to entry and the elements which could
foreseeably alter both said barriers and the supply from competitors;
(c) The existence and power of its competitors;
(d) The possibility of access by its competitors or other entities to its sources
of inputs;
(e) The power of its customers to switch to other goods or services;
(f) Its recent conducts; and
(g) Other criteria established by the regulations of this Act.
There shall be a rebuttable presumption of market dominant position if the market
share of an entity in the relevant market is at least fifty percent (50%), unless a new
market share threshold is determined by the Commission for that particular sector.
The Commission shall from time to time determine and publish the threshold for
dominant position or minimum level of share in the relevant market that could give
rise to a presumption of dominant position. In such determination, the Commission
would consider the structure of the relevant market, degree of integration, access to
end-users, technology and financial resources, and other factors affecting the control
of a market, as provided in subsections (a) to (g) of this section.
The Commission shall not consider the acquiring, maintaining and increasing of
market share through legitimate means not substantially preventing, restricting, or
lessening competition in the market such as but not limited to having superior skills,
rendering superior service, producing or distributing quality products, having
46
business acumen, and the enjoyment and use of protected intellectual property
rights as violative of this Act.
Section 28. Forbearance. – The Commission may forbear from applying the
provisions of this Act, for a limited time, in whole or in part, in all or specific cases,
on an entity or group of entities, if in its determination:
(a) Enforcement is not necessary to the attainment of the policy objectives
of this Act;
(b) Forbearance will neither impede competition in the market where the
entity or group of entities seeking exemption operates nor in related
markets; and
(c) Forbearance is consistent with public interest and the benefit and welfare
of the consumers.
A public hearing shall be held to assist the Commission in making this determination.
The Commission’s order exempting the relevant entity or group of entities under this
section shall be made public. Conditions may be attached to the forbearance if the
Commission deems it appropriate to ensure the long-term interest of consumers.
In the event that the basis for the issuance of the exemption order ceases to be
valid, the order may be withdrawn by the Commission.
CHAPTER VI
FINES AND PENALTIES
Section 29. Administrative Penalties. –
(a) Administrative Fines. – In any investigation under Chapter III, Sections
14 and 15, and Chapter IV, Sections 17 and 20 of this Act, after due notice
and hearing, the Commission may impose the following schedule of
administrative fines on any entity found to have violated the said sections:
First offense: Fine of up to one hundred million pesos
(P100,000,000.00);
Second offense: Fine of not less than one hundred million pesos
(P100,000,000.00) but not more than two hundred fifty million
pesos (P250,000,000.00).
In fixing the amount of the fine, the Commission shall have regard to both
the gravity and the duration of the violation.
 (b) Failure to Comply With an Order of the Commission. – An entity which
fails or refuses to comply with a ruling, order or decision issued by the
Commission shall pay a penalty of not less than fifty thousand pesos
(P50,000.00) up to two million pesos (P2,000,000.00) for each violation and
a similar amount of penalty for each day thereafter until the said entity fully
complies. Provided that these fines shall only accrue daily beginning forty-
five (45) days from the time that the said decision, order or ruling was
received.
(c) Supply of Incorrect or Misleading Information. – The Commission may
likewise impose upon any entity fines of up to one million pesos
(PI,000,000.00) where, intentionally or negligently, they supply incorrect or
misleading information in any document, application or other paper filed
with or submitted to the Commission or supply incorrect or misleading
information in an application for a binding ruling, a proposal for a consent
judgment, proceedings relating to a show cause order, or application for
modification of the Commission’s ruling, order or approval, as the case may
be.
(d) Any other violations not specifically penalized under the relevant
provisions of this Act shall be penalized by a fine of not less than fifty
thousand pesos (P50,000.00) up to two million pesos (P2,000,000.00).
Provided that the schedule of fines indicated in this section shall be increased by the
Commission every five (5) years to maintain their real value from the time it was
set.
Section 30. Criminal Penalties. – An entity that enters into any anti-competitive
agreement as covered by Chapter III, Section 14(a) and 14(b) under this Act shall,
for each and every violation, be penalized by imprisonment from two (2) to seven
(7) years, and a fine of not less than fifty million pesos (P50,000,000.00) but not
more than two hundred fifty million pesos (P250,000,000.00). The penalty of
imprisonment shall be imposed upon the responsible officers, and directors of the
entity.
When the entities involved are juridical persons, the penalty of. imprisonment shall
be imposed on its officers, directors, or employees holding managerial positions, who
are knowingly and willfully responsible for such violation.
CHAPTER VII
ENFORCEMENT
Section 31. Fact Finding; Preliminary Inquiry. – The Commission, motu proprio, or
upon the filing of a verified complaint by an interested party or upon referral by a
regulatory agency, shall have the sole and exclusive authority to initiate and conduct
a fact-finding or preliminary inquiry for the enforcement of this Act based on
reasonable grounds.
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The Commission, after considering the statements made, or documents or articles
produced in the course of the fact-finding or preliminary inquiry, shall terminate the
same by:
(a) Issuing a resolution ordering its closure if no violation or infringement of
this Act is found; or
(b) Issuing a resolution to proceed, on the basis of reasonable grounds, to
the conduct of a full administrative investigation.
The Commission, after due notice and hearing, and on the basis of facts and
evidence presented, may issue an order for the temporary cessation or desistance
from the performance of certain acts by the respondent entity, the continued
performance of which would result in a material and adverse effect on consumers or
competition in the relevant market.
If the evidence so warrants, the Commission may file before the DOJ criminal
complaints for violations of this Act or relevant laws for preliminary investigation and
prosecution before the proper court. The DOJ shall conduct such preliminary
investigation in accordance with the Revised Rules of Criminal Procedure.
The preliminary inquiry shall, in all cases, be completed by the Commission within
ninety (90) days from submission of the verified complaint, referral, or date of
initiation by the Commission, motu proprio, of the same.
Except as provided in Section 12(i) of Chapter II of this Act, no law enforcement
agency shall conduct any kind of fact-finding, inquiry or investigation into any
competition-related matters.
Section 32. Relationship With Sector Regulators. – The Commission shall have
original and primary jurisdiction in the enforcement and regulation of all competition-
related issues.
The Commission shall still have jurisdiction if the issue involves both competition and
noncompetition issues, but the concerned sector regulator shall be consulted and
afforded reasonable opportunity to submit its own opinion and recommendation on
the matter before the Commission makes a decision on any case.
Where appropriate, the Commission and the sector regulators shall work together to
issue rules and regulations to promote competition, protect consumers, and prevent
abuse of market power by dominant players within their respective sectors.
Section 33. Power to Investigate and Enforce Orders and Resolutions. – The
Commission shall conduct inquiries by administering oaths, issuing subpoena duces
tecum and summoning witnesses, and commissioning consultants or experts. It shall
determine if any provision of this Act has been violated, enforce its orders and carry
out its resolutions by making use of any available means, provisional or otherwise,
under existing laws and procedures including the power to punish for contempt and
to impose fines.
Section 34. Confidentiality of Information. – Confidential business information
submitted by entities, relevant to any inquiry or investigation being conducted
pursuant to this Act as well as any deliberation in relation thereto, shall not, in any
manner, be directly or indirectly disclosed, published, transferred, copied, or
disseminated. Likewise, the Commission shall, to the extent possible, subject such
information to the confidentiality rule provided under this section when it issues
notices, bulletins, rulings and other documents: Pi’ovided., That the confidentiality
rule shall not apply if the notifying entity consents to the disclosure, or the document
or information is mandatorily required to be disclosed by law or by a valid order of a
court of competent jurisdiction or of a government or regulatory agency, including an
exchange. The identity of the persons who provide information to the Commission
under condition of anonymity, shall remain confidential, unless such confidentiality is
expressly waived by these persons.
Any violation of this provision shall be imposed a fine of not less than one million
pesos (PI,000,000.00) but not more than five million pesos (P5,000,000.00).
Section 35. Leniency Program. – The Commission shall develop a Leniency Program
to be granted to any entity in the form of immunity from suit or reduction of any fine
which would otherwise be imposed on a participant in an anti-competitive agreement
as provided in Section 14(a) and 14(b) of this Act in exchange for the voluntary
disclosure of information regarding such an agreement which satisfies specific criteria
prior to or during the fact-finding or preliminary inquiry stage of the case.
Immunity from suit will be granted to an entity reporting illegal anti-competitive
activity before a fact-finding or preliminary inquiry has begun if the following
conditions are met:
(a) At the time the entity comes forward, the Commission has not received
information about the activity from any other source;
(b) Upon the entity’s discovery of illegal activity, it took prompt and effective
action to terminate its participation therein;
(c) The entity reports the wrongdoing with candor and completeness and
provides full, continuing, and complete cooperation throughout the
investigation; and
(d) The entity did not coerce another party to participate in the activity and
clearly was not the leader in, or the originator of, the activity.
Even after the Commission has received information about the illegal activity after a
fact-finding or preliminary inquiry has commenced, the reporting entity will be
granted leniency, provided preceding conditions (b) and (c) and the following
additional requirements are complied with:
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(1) The entity is the first to come forward and qualify for leniency;
(2) At the time the entity comes forward, the Commission does not have
evidence against the entity that is likely to result in a sustainable conviction;
and
(3) The Commission determines that granting leniency would not be unfair
to others.
Such program shall include the immunity from any suit or charge of affected parties
and third parties, exemption, waiver, or gradation of fines and/or penalties giving
precedence to the entity submitting such evidence. An entity cooperating or
furnishing information, document or data to the Commission in connection to an
investigation being conducted shall not be subjected to any form of reprisal or
discrimination. Such reprisal or discrimination shall be considered a violation of this
Act subject to the sanctions provided in this Act.
Nothing in this section shall preclude prosecution for entities that report to the
Commission false, misleading, or malicious information, data or documents
damaging to the business or integrity of the entities under inquiry as a violation of
said section. An entity found to have reported false, misleading or malicious
information, data, or document may be penalized by a fine not less than the penalty
imposed in the section reported to have been violated by the entity complained of.
The DOJ-OFC may likewise grant leniency or immunity as provided in this section in
the event that there is already a preliminary investigation pending before it.
Section 36. Nolo Contendere. – An entity charged in a criminal proceeding pursuant
to Section 14(a) and 14(b) of this Act may enter a plea of Nolo Contendere, in which
he does not accept nor deny responsibility for the charges but agrees to accept
punishment as if he had pleaded guilty. The plea cannot be used against the
defendant entity to prove liability in a civil suit arising from the criminal action nor in
another cause of action: Provided, That a plea of Nolo Contendere may be entered
only up to arraignment and subsequently, only with the permission of the court
which shall accept it only after weighing its effect on the parties, the public and the
administration of justice.
Section 37. Non-Adversarial Remedies. — As an implementing and enforcement
policy, the Commission shall, under such rules and regulations it may prescribe,
encourage voluntary compliance with this Act and other competition laws by making
available to the parties concerned the following and other analogous non-adversarial
administrative remedies, before the institution of administrative, civil or criminal
action:
(a) Binding Ruling. — Where no prior complaint or investigation has been
initiated, any entity that is in doubt as to whether a contemplated act,
course of conduct, agreement, or decision, is in compliance with, is exempt
from, or is in violation of any of the provisions of this Act, other competition
 laws, or implementing rules and regulations thereof, may request the
Commission, in writing, to render a binding ruling thereon: Provided,That
the ruling is for a specified period, subject to extension as may be
determined by the Commission, and based on substantial evidence.
In the event of an adverse binding ruling on an act, course or conduct,
agreement, or decision, the applicant shall be provided with a reasonable
period, which in no case shall be more than ninety (90) days, to abide by
the ruling of the Commission and shall not be subject to administrative, civil,
or criminal action unless the applicant fails to comply with the provisions of
this Act;
(b) Show Cause Order. — Upon preliminary findings motu proprio or on
written complaint under oath by an interested party that any entity is
conducting its business, in whole or in part in a manner that may not be in
accord with the provisions of this Act or other competition laws, and it finds
that the issuance of a show cause order would be in the interest of the
public, the Commission shall issue and serve upon such entity or entities a
written description of its business conduct complained of, a statement of the
facts, data, and information together with a summary of the evidence
thereof, with an order requiring the said entity or entities to show cause,
within the period therein fixed, why no order shall issue requiring such
person or persons to cease and desist from continuing with its identified
business conduct, or pay the administrative fine therein specified, or
readjust its business conduct or practices;
(c) Consent Order. – At any time prior to the conclusion by the Commission
of its inquiry, any entity under inquiry may, without in any manner admitting
a violation of this Act or any other competition laws, submit to the
Commission a written proposal for the entry of a consent order, specifying
therein the terms and conditions of the proposed consent order which shall
include among others the following:
(1) The payment of an amount within the range of fines provided for
under this Act;
(2) The required compliance report as well as an entity to submit
regular compliance reports;
(3) Payment of damages to any private party/parties who may have
suffered injury; and
(4) Other terms and conditions that the Commission deems
appropriate and necessary for the effective enforcement of this Act
or other Competition Laws:
Provided, That a consent order shall not bar any inquiry for the same or
similar acts if continued or repeated;
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(d) Monitoring of Compliance. – The Commission shall monitor the
compliance by the entity or entities concerned, their officers, and
employees, with the final and executory binding ruling, cease and desist
order, or approval of a consent judgment. Upon motion of an interested
party/parties, the Commission shall issue a certification or resolution to the
effect that the entity or entities concerned have, or have not, as the case
may be, complied with a final and executory ruling, order, or approval.
(e) Inadmissibility of Evidence in Criminal Proceedings. – The request for a
binding ruling, the show cause order, or the proposal for consent order; the
facts, data, and information therein contained or subsequently supplied by
the entity or entities concerned; admissions, oral or written, made by them
against their interest; all other documents filed by them, including their
evidence presented in the proceedings before the Commission; and the
judgment or order rendered thereon; shall not be admissible as evidence in
any criminal proceedings arising from the same act subject of the binding
ruling, show cause order or consent order against such entity or entities,
their officers, employees, and agents.
Section 38. Contempt. — The Commission may summarily punish for contempt by
imprisonment not exceeding thirty (30) days or by a fine not exceeding one hundred
thousand pesos (P 100,000.00), or both, any entity guilty of such misconduct in the
presence of the Commission in its vicinity as to seriously interrupt any hearing,
session or any proceeding before it, including cases in which an entity willfully fails or
refuses, without just cause, to comply with a summons, subpoena or
subpoena duces tecum legally issued by the Commission being present at a hearing,
proceeding, session or investigation, refused to be sworn as a witness or to answer
questions or to furnish information when lawfully required to do so.
Section 39. Appeals of the Decisions of the Commission. – Decisions of the
Commission shall be appealable to the Court of Appeals in accordance with the Rules
of Court. The appeal shall not stay the order, ruling or decision sought to be
reviewed, unless the Court of Appeals shall direct otherwise upon such terms and
conditions it may deem just. In the appeal, the Commission shall be included as a
party respondent to the case.
Section 40. ‘Writ of Execution. – Upon the finality of its binding ruling, order,
resolution, decision, judgment, or rule or regulation, collectively, the Commission
may issue a writ of execution to enforce its decision and the payment of the
administrative fines provided in the preceding sections.
Section 41. Basic Necessities and Prime Commodities. – If the violation involves the
trade or movement of basic necessities and prime commodities as defined by
Republic Act No. 7581, as amended, the fine imposed by the Commission or the
courts, as the case may be, shall be tripled.
Section 42. Immunity from Suit. – The Chairperson,the Commissioners, officers,
employees and agents of the Commission shall not be subject to any action, claim or
demand in connection with any act done or omitted by them in the performance of
their duties and exercise of their powers except for those actions and omissions done
in evident bad faith or gross negligence.
Section 43. Indemnity. – Unless the actions of the Commission or its Chairperson,
any of its Commissioners, officers, employees and agents are found to be in willful
violation of this Act, performed with evident bad faith or gross negligence, the
Commission, its Chairperson, Commissioners, officers, employees and agents are
held free and harmless to the fullest extent permitted by law from any liability, and
they shall be indemnified for any and all liabilities, losses, claims, demands,
damages, deficiencies, costs and expenses of whatsoever kind and nature that may
arise in connection with the exercise of their powers and performance of their duties
and functions.
The Commission shall underwrite or advance litigation costs and expenses, including
legal fees and other expenses of external counsel, or provide legal assistance to its
Chairperson, Commissioners, officers, employees, or agents in connection with any
civil, criminal, administrative or any other action or proceeding, to which they are
made a party by reason of, or in connection with, the exercise of authority or
performance of duties and functions under this Act: Provided, That such legal
protection shall not apply to any civil, criminal, administrative, or any action or
proceeding that may be initiated by the Commission, against such Chairperson,
Commissioners, officers, employees, or agents: Provided, further, That the
Chairperson, Commissioners, officers, employees, or agents, who shall resign, retire,
transfer to another agency or be separated from the service, shall continue to be
provided with such legal protection in connection with any act done or omitted to be
done by them in good faith during their tenure or employment with the
Commission: Provided, finally, That in the event of a settlement or compromise,
indemnification shall be provided only in connection with such matters covered by
the settlement as to which the Commission is advised by counsel that the persons to
be indemnified did not commit any negligence or misconduct.
The costs and expenses incurred in defending the aforementioned action, suit or
proceeding may be paid by the Commission in advance of the final disposition of
such action, suit or proceeding upon receipt of an undertaking by or on behalf of the
Chairperson, Commissioner, officer, employee, or agent to repay the amount
advanced should it ultimately be determined by the Commission that one is not
entitled to be indemnified as provided in this section.
Section 44. Jurisdiction of the Regional Trial Court. – The Regional Trial Court of the
city or province where the entity or any of the entities whose business act or conduct
Constitutes the subject matter of a case, conducts its principal place of business,
shall have original and exclusive jurisdiction, regardless of the penalties and fines
herein imposed, of all criminal and civil cases involving violations of this Act and
other competition-related laws. If the defendant or anyone is charged in the capacity
of a director, officer, shareholder, employee, or agent of a corporation or other
juridical entity who knowingly and willfully authorized the commission of the offense
charged, the Regional Trial Court of the city or province where such corporation or
juridical entity conducts its principal place of business, shall have jurisdiction.
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Section 45. Private Action. – Any person who suffers direct injury by reason of any
violation of this Act may institute a separate and independent civil action after the
Commission has completed the preliminary inquiry provided under Section 31.
CHAPTER VIII
OTHER PROVISIONS
Section 46. Statute of Limitations. — Any action arising from a violation of any
provision of this Act shall be forever barred unless commenced within five (5) years
from:
 For criminal actions, the time the violation is discovered by the offended
party, the authorities, or their agents; and
 For administrative and civil actions, the time the cause of action accrues.
Section 47. Prohibition on the Issuance of Temporary Restraining Orders,
Preliminary Injunctions and Preliminary Mandatory Injunctions. — Except for the
Court of Appeals and the Supreme Court, no other court shall issue any temporary
restraining order, preliminary injunction or preliminary mandatory injunction against
the Commission in the exercise of its duties or functions: Provided, That, this
prohibition shall apply in all cases, disputes or controversies instituted by a private
party, including, but not limited to, cases filed by entities or those claiming to have
rights through such entities: Provided, however, That, this prohibition shall not apply
when the matter is of extreme urgency involving a constitutional issue, such that the
non-issuance of a temporary restraining order will result in grave injustice and
irreparable injury to the public: Provided, further, That, the applicant shall file a
bond, in an amount to be fixed by the Court, but in no case shall it exceed twenty
percent (20%) of the imposable fines provided for under Chapter VI, Section 29 of
this Act: Provided, finally, That in the event that the court finally decides that the
applicant was not entitled to the relief applied for, the bond shall accrue in favor of
the Commission.
Any temporary restraining order, preliminary injunction or preliminary mandatory
injunction issued in violation of this section is void and of no force and effect. Any
judge who violates this section shall be penalized by suspension of at least one (1)
year without pay in addition to other criminal, civil or administrative penalties.
Section 48. Trade Associations. – Nothing contained in this Act shall be construed to
prohibit the existence and operation of trade associations organized to promote
quality standards and safety issues: Pi’ovided, That, these associations shall not in
any way be used to justify any violation of this Act: Provided, however, That it shall
not be illegal to use the association as a forum to discuss or promote quality
standards, efficiency, safety, security, productivity, competitiveness and other
matters of common interest involving the industry: Provided, further, That such is
done without any anti-competitive intent or effect.
Section 49. Congressional Oversight Committee. – To oversee the implementation
of this Act, there shall be created a Congressional Oversight Committee on
Competition (COCC) to be composed of the Chairpersons of the Senate Committees
on Trade and Commerce, Economic Affairs, and Finance, the Chairpersons of the
House of Representatives Committees on Economic Affairs, Trade and Industry, and
Appropriations and two (2) members each from the Senate and the House of
Representatives who shall be designated by the Senate President and the Speaker of
the House of Representatives: Provided, That one (1) of the two (2) Senators and
one (1) of the two (2) House Members shall be nominated by the respective Minority
Leaders of the Senate and the House of Representatives. The Congressional
Oversight Committee shall be jointly chaired by the Chairpersons of the Senate
Committee on Trade and Commerce and the House of Representatives Committee on
Economic Affairs. The Vice Chairperson of the Congressional Oversight Committee
shall be jointly held by the Chairpersons of the Senate Committee on Economic
Affairs and the House of Representatives Committee on Trade and Industry.
The Secretariat of the COCC shall be drawn from the existing personnel of the
Senate and House of Representatives committees comprising the Congressional
Oversight Committee.
CHAPTER IX
FINAL PROVISIONS
Section 50. Implementing Rules and Regulations. — Within one hundred eighty
(180) days from the effectivity of this Act, the Commission, in consultation with the
DOJ-OFC and concerned sector regulators shall promulgate the necessary
implementing rules and regulations for the implementation of this
Act: Provided, That, the Commission may revise such implementing rules and
regulations as it deems necessary: Provided, however, That such revised
implementing rules and regulations shall only take effect fifteen (15) days following
its publication in two (2) newspapers of general circulation.
Section 51. Appropriations and Use of Fees, Charges and Penalties. – The initial
budgetary requirements of the Commission of three hundred million pesos
(P300,000,000.00) is hereby appropriated.
All fees, fines, penalties collected by the Commission shall not be retained by the
Commission, but will be remitted to the National Treasury and shall accrue to the
general funds.
Such funds necessary for the continuous and effective operation of the Commission
shall be included in the annual General Appropriations Act.
Section 52. Transparency Clause. — Final decisions, orders and rulings of the
Commission shall be published on the official website subject to Section 34 of this
Act.
Records of public proceedings shall be made available to the public subject to Section
34 of this Act.1âwphi1
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Section 53. Transitional Clause. — In order to allow affected parties time to
renegotiate agreements or restructure their business to comply with the provisions of
this Act, an existing business structure, conduct, practice or any act that may be in
violation of this Act shall be subject to the administrative, civil and criminal penalties
prescribed herein only if it is not cured or is continuing upon the expiration of two (2)
years after the effectivity of this Act: Provided, That this section shall not apply to
administrative, civil and criminal proceedings against anticompetitive agreement or
conduct, abuse of dominant position, and anti-competitive mergers and acquisitions,
initiated prior to the entry into force of this Act: Provided, further, That during the
said two (2)-year period, the government shall undertake an advocac program to
inform the general public of the provisions of this Act.
Section 54. Separability Clause. – If any clause, sentence, section or part of this Act
shall be adjudged by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this Act, but shall be confined
in its operation to the clause, sentence, paragraph, section, or part thereof directly
involved in the controversy.
Section 55. Repealing Clause. – The following laws, and all other laws, decrees,
executive orders and regulations, or part or parts thereof inconsistent with any
provision of this Act, are hereby repealed, amended or otherwise modified
accordingly:
(a) Article 186 of Act No. 3815, otherwise known as the Revised Penal
Code: Provided, That violations of Article 186 of the Revised Penal Code
committed before the effectivity of this Act may continue to be prosecuted
unless the same have been barred by prescription, and subject to the
procedure under Section 31 of this Act;
(b) Section 4 of Commonwealth Act No. 138;
(c) Section 43(u) on Functions of the ERC of Republic Act No. 9136, entitled
"An Act Ordaining Reforms in the Electric Power Industry, Amending for the
Purpose Certain Laws and for Other Purposes", otherwise known as the
"Electric Power Industry Reform Act of2001", insofar as the provision thereof
is inconsistent with this Act;
(d) Section 24 on Illegal Acts of Price Manipulation and Section 25 on
Penalty for Illegal Acts of Price Manipulation of Republic Act No. 9502,
entitled "An Act Providing for Cheaper and Quality Medicines, Amending for
the Purpose Republic Act No. 8293 or the Intellectual Property Code,
Republic Act No. 6675 or the Generics Act of 1988, and Republic Act No.
5921 or the Pharmacy Law, and for Other Purposes", otherwise known as
the "Universally Accessible Cheaper and Quabrty Medicines Act of 2008".
insofar as the provisions thereof are inconsistent with this Act; and
(e) Executive Order No. 45, Series of 2011, Designating the Department of
Justice as the Competition Authority, Department of Justice Circular 005
 Series of 2015, and other related issuances, insofar as they are inconsistent
with the provisions of this Act.

Section 56.Effectivity Clause. – This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or at least two (2) national newspapers of
general circulation. Notwithstanding any provision herein, this Act shall have no
retroactive effect.

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