Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Hazing is an initiation rite or practice as a prerequisite for admission If the person subjected to hazing or other forms of initiation rites suffers any
into membership in a fraternity, sorority or organization by placing the physical injury or dies as a result thereof, the following are punished
recruit neophyte or applicant in some embarrassing or humiliating situations under the law:
such as forcing him to do menial, silly, foolish and similar tasks or activities
or otherwise subjecting him to physical or psychological suffering or injury. AS PRINCIPALS:
(§1)
1. The officer and members of the fraternity, sorority or organization who
The term “organization” shall include any club or the Armed Forces actually participated in the infliction of physical harm
of the Philippines, Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the Citizen's Military Training, or 2. If the hazing is held in the home of one of the officers or members of the
Citizen's Army Training. But the physical, mental and psychological fraternity, group, or organization, the parents shall be held liable as
testing and training procedure and practices to determine and enhance the principals when they have actual knowledge of the hazing conducted
physical, mental and psychological fitness of prospective regular members of therein but failed to take any action to prevent the same from occurring.
the Armed Forces of the Philippines and the Philippine National Police as
approved by the Secretary of National Defense and the National Police 3. The officers, former officers, or alumni of the organization, group,
Commission duly recommended by the Chief of Staff, Armed Forces of the fraternity, or sorority who actually planned the hazing although not
Philippines and the Director General of the Philippine National Police shall present when the acts constituting the hazing were committed
not be considered as hazing for the purpose of this Act. (§1)
4. Officers or members of an organization, group, fraternity, or sorority
who knowingly cooperated in carrying out the hazing by inducing the
Requirements before hazing may be conducted victim to be present thereat
1. No hazing or initiation rites in any form or manner by a fraternity, 5. A fraternity or sorority's adviser who is present when the acts
sorority or organization shall be allowed without prior written notice to constituting the hazing were committed and failed to take any action to
the school authorities or head of organization seven (7) days before the prevent the same from occurring
conduct of such initiation. The written notice shall indicate the ff:
AS ACCOMPLICES:
period of the initiation activities which shall not exceed three (3)
days, 6. The owner of the place where hazing is conducted shall be liable as an
the names of those to be subjected to such activities accomplice, when he has actual knowledge of the hazing conducted
an undertaking that no physical violence be employed by anybody therein but failed to take any action to prevent the same from occurring.
during such initiation rites. (§2)
7. The school authorities including faculty members who consent to the
2. The head of the school or organization or their representatives must hazing or who have actual knowledge thereof but failed to take any
assign at least two (2) representatives of the school or organization as
action to prevent the same from occurring shall be punished as Article 266-A. Rape, When and How Committed
accomplices for the acts of hazing committed by the perpetrators.
Elements under paragraph 1:
The presence of any person during the hazing is prime facie evidence of
participation therein as a principal unless he prevented the commission of the 1. Offender is a man;
acts punishable herein. 2. Offender had carnal knowledge of a woman;
3. Such act is accomplished under any of the following circumstances:
Any person charged under this provision shall not be entitled to the
mitigating circumstance that there was no intention to commit so grave a a. By using force or intimidation;
wrong. b. When the woman is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
This section shall apply to the president, manager, director or other d. When the woman is under 12 years of age or demented.
responsible officer of a corporation engaged in hazing as a requirement for
employment in the manner provided herein. (§4) Elements under paragraph 2:
The penalties imposed shall vary depending on the injury suffered by a. By inserting his penis into another person's mouth or anal orifice; or
the victim. If the victim dies, is raped, sodomized or mutilated, the penalty is b. By inserting any instrument or object into the genital or anal orifice
reclusion perpetua to death. of another person;
The maximum penalty shall be imposed in any of the following instances: 3. The act of sexual assault is accomplished under any of the following
a) when the recruitment is accompanied by force, violence, threat, circumstances:
intimidation or deceit on the person of the recruit who refuses to join;
b) when the recruit, neophyte or applicant initially consents to join but upon a. By using force or intimidation; or
learning that hazing will be committed on his person, is prevented from b. When the woman is deprived of reason or otherwise unconscious; or
quitting. c. By means of fraudulent machination or grave abuse of authority; or
c) when the recruit neophyte or applicant having undergone hazing is d. When the woman is under 12 years of age or demented.
prevented from reporting the unlawful act to his parents or guardians,
to the proper school authorities, or to the police authorities through force, Rape can now be committed by a male or a female.
violence , threat or intimidation; Only one of the four circumstances mentioned is sufficient.
d) when the hazing is committed outside of the school or institution: or Force employed against the victim of the rape need not be of such
e) when the victim is below twelve (12) years of age at the time of the character as could be resisted. It is enough that the force used is
hazing. sufficient to consummate the purpose of copulating with the offended
woman.
When the offender in rape has an ascendancy or influence over the girl, it
The responsible officials of the school or of the police, military or citizen's is not necessary that she put up a determined resistance.
army training organization, may impose the appropriate administrative Rape may be proved by the uncorroborated testimony of the offended
sanctions on the person or persons charged under this law even before their woman.
conviction. There is no crime of frustrated rape (see Orita case).
Character of the offended woman is immaterial in rape.
When several persons conspired to rape a single victim, each shall be o When there is attempted rape and homicide is committed by reason
liable for the rape committed personally by him, as well as those or on the occasion thereof
committed by the others o When homicide is committed by reason or on the occasion of rape
o When rape is committed with any of the enumerated qualifying or
aggravating circumstances (death penalty is imposed)
Article 266-B. Penalties Rape with homicide is now a special complex crime, punishable by death
(first type) or reclusion perpetua (second type).
When rape is punished by death:
1. Where the victim is under 18 years of age and the offender is her 266-C. Effect of pardon
ascendant, stepfather, guardian, or relative by affinity or consanguinity
within the 3rd civil degree, or the common law husband of the victim’s Subsequent valid marriage between the offender and the offended party shall
extinguish the criminal action or the penalty imposed.
mother; or In case it is the legal husband who is the offender, the subsequent forgiveness by the
2. Where the victim was under the custody of the police or military wife as the offended party shall extinguish the criminal action or the penalty,
authorities, or other law enforcement agency; provided that their marriage is not void ab initio.
3. Where the rape is committed in full view of the victim’s husband, the
parents, any of the children or relatives by consanguinity within the 3rd 266-D. Presumptions
civil degree;
Evidence which may be accepted in the prosecution of rape:
4. Where the victim is a religious, that is, a member of a legitimate
religious vocation and the offender knows the victim as such before or at 1. any physical overt act manifesting resistance against the act of rape in any degree
the time of the commission of the offense; from the offended party.
5. Where the victim is a child under 7 yrs of age; 2. where the offended party is so situated as to render him/her incapable of giving
6. Where the offender is a member of the AFP, its paramilitary arm, the consent.
PNP, or any law enforcement agency and the offender took advantage of
Old rape law New rape law
his position;
Crime against chastity Crime against persons
7. Where the offender is afflicted with AIDS or other sexually May be committed by a Under the second type,
transmissible diseases, and he is aware thereof when he committed the man against a woman sexual assault may be
rape, and the disease was transmitted; ONLY committed by ANY
8. Where the victim has suffered permanent physical mutilation; PERSON
9. Where the pregnancy of the offended party is known to the rapist at the PRIVATE CRIME – May be prosecuted even if
time of the rape; or Complaint must be filed the woman does not file a
10. Where the rapist is aware of the victim’s mental disability, emotional by the woman or her complaint
parents, grandparents or
disturbance or physical handicap. guardian if the woman
was a minor or
incapacitated
Rape under the first type is punished by reclusion perpetua. Rape under Marriage of the victim Marriage extinguishes the
the second type is punished by reclusion temporal. Penalties are with one of the offenders penal action only as to the
increased in these instances: benefits not only the principal (the person who
principal but also the married the victim)
o When it is committed with the use of a deadly weapon or by two or
accomplices and
more persons accessories
o When the victim becomes insane Marital rape NOT Marital rape recognized
recognized
R.A. 7610 When is there attempt to commit child prostitution?
Special Protection of Children against Child Abuse, Exploitation and
Discrimination Act A penalty lower by two degrees than that prescribed for the consummated
felony shall be imposed upon the principals of an attempt to commit the
A. CHILD PROSTITUTION crime of child prostitution, committed as follows:
Who are “children exploited in prostitution and other sexual abuse”? 1. Attempt of (1) above When any person who, not being a relative of a
child, is found alone with the said child inside the room or cubicle of a
Children, whether male or female, who for money, profit, or any other house, an inn, hotel, motel, pension house, apartelle or other similar
consideration or due to the coercion or influence of any adult, syndicate or establishments, vessel, vehicle or any other hidden or secluded area under
group, indulge in sexual intercourse or lascivious conduct, are deemed to be circumstances which would lead a reasonable person to believe that the child
children exploited in prostitution and other sexual abuse. is about to be exploited in prostitution and other sexual abuse; or
Who are punishable? 2. Attempt of (2) above When any person is receiving services from a
child in a sauna parlor or bath, massage clinic, health club and other similar
1. Those who engage in or promote, facilitate or induce child prostitution, establishments.
which include, but are not limited to, the following:
a. Acting as a procurer of a child prostitute; B. CHILD TRAFFICKING
b. Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means; What is child trafficking?
c. Taking advantage of influence or relationship to procure a child as
prostitute; Child trafficking is committed by a person trading and dealing with children
d. Threatening or using violence towards a child to engage him as a including, but not limited to, the act of buying and selling of a child for
prostitute; or money, or for any other consideration, or barter.
e. Giving monetary consideration, goods or other pecuniary benefit to a
child with intent to engage such child in prostitution. When is there attempt to commit child trafficking?
2. Those who commit the act of sexual intercourse or lascivious conduct (An attempt is punishable by a penalty two degrees lower than the penalty for
with a child exploited in prostitution or subject to other sexual abuse; the consummated offense)
- If the victim is under 12, the perpetrators shall be prosecuted for rape
and or lascivious conduct under the RPC as the case may be There is an attempt to commit child trafficking:
- However, the penalty for lascivious conduct when the victim is under
twelve (12) years of age shall be higher (reclusion temporal in its 1. When a child travels alone to a foreign country without valid reason
medium period) therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child's parents or
3. Those who derive profit or advantage therefrom, whether as manager or legal guardian;
owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as a 2. When a person, agency, establishment or child-caring institution recruits
cover or which engages in prostitution in addition to the activity for which women or couples to bear a children for the purpose of child trafficking;
the license has been issued to said establishment.
3. When doctor, hospital or clinic official or employee, nurse, midwife, local 5. Any person who shall use, coerce, force or intimidate a street child or
civil registrar or any other person simulates birth for the purpose of child any other child to;
trafficking; - Beg or use begging as a means of living;
- Act as conduit or middlemen in drug trafficking or pushing;
4. When a person engages in the act of finding children among low-income - Conduct any illegal activities
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking. E. WORKING CHILDREN
Any person who shall violate any of the provision of the Act with respect to working
Who are punishable?
children (conditions for the employment of children under 15, prohibitions on the
employment of children for certain advertisements etc.)
Any person who shall hire, employ, use, persuade, induce or coerce a child
to perform in obscene exhibitions and indecent shows, whether live or in F. CHILDREN OF INDIGENOUS CULTURAL COMMUNITIES
video, or model in obscene publications or pornographic materials or to sell
or distribute the said materials. Who are punishable?
D. OTHER PERSONS PUNISHABLE UNDER THE ACT Any person who discriminates against children of indigenous cultural communities
1. Any person who shall commit any other acts of child abuse, cruelty or COMMON PENAL PROVISIONS
exploitation or to be responsible for other conditions prejudicial to the
1. The penalty provided under this Act shall be imposed in its maximum period if the
child's development including those covered by Article 59 of PD 603 offender has been previously convicted under this Act;
(criminal liability of parents due to abandonment, neglect etc.), but not
covered by the RPC; 2. When the offender is a corporation, partnership or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer the
2. Any person who shall keep or have in his company a minor, twelve (12) penalty imposed in its maximum period;
years or under or who is ten (10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque, cabaret, pension house, 3. The penalty provided herein shall be imposed in its maximum period when the
sauna or massage parlor, beach and/or other tourist resort or similar places perpetrator is an ascendant, parent guardian, stepparent or collateral relative within
UNLESS s/he is related to the minor within the fourth degree of the second degree of consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license has expired or has been
consanguinity or affinity or any bond recognized by law, local custom and
revoked;
tradition or acts in the performance of a social, moral or legal duty.
4. When the offender is a foreigner, he shall be deported immediately after service of
3. Any person who shall induce, deliver or offer a minor to any one sentence and forever barred from entry to the country;
prohibited by this Act to keep or have in his company a minor as provided in
the preceding paragraph; 5. The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee, together with the penalty of disqualification
4. Any person, owner, manager or one entrusted with the operation of any or suspension depending on the penalty imposed;
public or private place of accommodation, whether for occupancy, food,
drink or otherwise, including residential places, who allows any person to 6. A fine to be determined by the court shall be imposed and administered as a cash
fund by the Department of Social Welfare and Development and disbursed for the
take along with him to such place or places any minor herein described;
rehabilitation of each child victim, or any immediate member of his family if the
latter is the perpetrator of the offense.
R.A. 6539 "Overhauling" is the cleaning or repairing of the whole engine of a motor
Anti-Carnapping Act of 1972 vehicle by separating the motor engine and its parts from the body of the
motor vehicle.
SECTION 2. Definition of Terms. —
SECTION 3. Registration of Motor Vehicle Engine, Engine Block and
"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging Chassis. — Within one year after the approval of this Act, every owner or
to another without the latter's consent, or by means of violence against or possessor of unregistered motor vehicle or parts thereof in knock down
intimidation of persons, or by using force upon things. condition shall register with the Land Transportation Commission the motor
vehicle engine, engine block and chassis in his name or in the name of the
"Motor vehicle" is any vehicle propelled by any power other than muscular real owner who shall be readily available to answer any claim over the
power using the public highways, but excepting road rollers, trolley cars, registered motor vehicle engine, engine block or chassis. Thereafter, all
street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, motor vehicle engines, engine blocks and chassis not registered with the
amphibian trucks, and cranes if not used on public highways, vehicles, which Land Transportation Commission shall be considered as untaxed importation
run only on rails or tracks, and tractors, trailers and traction engines of all or coming from an illegal source or carnapped, and shall be confiscated in
kinds used exclusively for agricultural purposes. Trailers having any number favor of the Government.
of wheels, when propelled or intended to be propelled by attachment to a
motor vehicle, shall be classified as separate motor vehicle with no power All owners of motor vehicles in all cities and municipalities are required to
rating. register their cars with the local police without paying any charges.
"Defacing or tampering with" a serial number is the erasing, scratching, SECTION 4. Permanent Registry of Motor Vehicle Engines, Engine Blocks
altering or changing of the original factory-inscribed serial number on the and Chassis. — The Land Transportation Commission shall keep a
motor vehicle engine, engine block or chassis of any motor vehicle. permanent registry of motor vehicle engines, engine blocks and chassis of all
Whenever any motor vehicle is found to have a serial number on its motor motor vehicles, specifying therein their type, make and serial numbers and
engine, engine block or chassis which is different from that which is listed in stating therein the names and addresses of their present and previous owners.
the records of the Bureau of Customs for motor vehicles imported into the Copies of the registry and of all entries made thereon shall be furnished the
Philippines, that motor vehicle shall be considered to have a defaced or Philippine Constabulary and all Land Transportation Commission regional,
tampered with serial number. provincial and city branch offices: Provided, That all Land Transportation
Commission regional, provincial and city branch offices are likewise obliged
"Repainting" is changing the color of a motor vehicle by means of painting. to furnish copies of all registration of motor vehicles to the main office and
There is repainting whenever the new color of a motor vehicle is different to the Philippine Constabulary.
from its color as registered in the Land Transportation Commission.
SECTION 5. Registration of Sale, Transfer, Conveyance, Substitution or
"Body-building" is a job undertaken on a motor vehicle in order to replace its Replacement of a Motor Vehicle Engine, Engine Block or Chassis. — Every
entire body with a new body. sale, transfer, conveyance, substitution or replacement of a motor vehicle
engine, engine block or chassis of a motor vehicle shall be registered with the
"Remodelling" is the introduction of some changes in the shape or form of Land Transportation Commission. Motor vehicles assembled and rebuilt or
the body of the motor vehicle. repaired by replacement with motor vehicle engines, engine blocks and
chassis not registered with the Land Transportation Commission shall not be
"Dismantling" is the tearing apart, piece by piece or part by part, of a motor issued certificates of registration and shall be considered as untaxed imported
vehicle. motor vehicles or motor vehicles carnapped or proceeding from illegal
sources.
SECTION 6. Original Registration of Motor Vehicles. — Any person P.D. 532
seeking the original registration of a motor vehicle, whether that motor Anti-Piracy and Anti-Highway Robbery Law of 1974
vehicle is newly assembled or rebuilt or acquired from a registered owner,
shall within one week after the completion of the assembly or rebuilding job SECTION 2. Definition of Terms. — The following terms shall mean and
or the acquisition thereof from the registered owner, apply to the Philippine be understood, as follows:
Constabulary for clearance of the motor vehicle for registration with the
Land Transportation Commission. The Philippine Constabulary shall, upon a. Philippine Waters. — It shall refer to all bodies of water, such as but not
receipt of the application, verify if the motor vehicle or its numbered parts limited to, seas, gulfs, bays around, between and connecting each of the
are in the list of carnapped motor vehicles or stolen motor vehicle parts. If Islands of the Philippine Archipelago, irrespective of its depth, breadth,
the motor vehicle or any of its numbered parts is not in that list, the length or dimension, and all other waters belonging to the Philippines by
Philippine Constabulary shall forthwith issue a certificate of clearance. Upon historic or legal title, including territorial sea, the sea-bed, the insular
presentation of the certificate of clearance from the Philippine Constabulary shelves, and other submarine areas over which the Philippines has
and after verification of the registration of the motor vehicle engine, engine sovereignty or jurisdiction.
block and chassis in the permanent registry of motor vehicle engines, engine b. Vessel. — Any vessel or watercraft used for transport of passengers and
blocks and chassis, the Land Transportation Commission shall register the cargo from one place to another through Philippine Waters. It shall
motor vehicle in accordance with existing laws, rules and regulations. include all kinds and types of vessels or boats used in fishing.
c. Philippine Highway. — It shall refer to any road, street, passage,
SECTION 14. Penalty for Carnapping. — Any person who is found guilty highway and bridges or other parts thereof, or railway or railroad within
of carnapping, as this term is defined in Section two of this Act, shall, the Philippines used by persons, or vehicles, or locomotives or trains for
irrespective of the value of motor vehicle taken, be punished by the movement or circulation of persons or transportation of goods,
imprisonment for not less than fourteen years and eight months and not more articles, or property or both.
than seventeen years and four months, when the carnapping is committed d. Piracy. — Any attack upon or seizure of any vessel, or the taking away
without violence or intimidation of persons, or force upon things; and by of the whole or part thereof or its cargo, equipment, or the personal
imprisonment for not less than seventeen years and four months and not belongings of its complement or passengers, irrespective of the value
more than thirty years, when the carnapping is committed by means of thereof, by means of violence against or intimidation of persons or force
violence against or intimidation of any person, or force upon things; and the upon things, committed by any person, including a passenger or member
penalty of life imprisonment to death shall be imposed when the owner, of the complement of said vessel, in Philippine waters, shall be
driver or occupant of the carnapped motor vehicle is killed in the commission considered as piracy. The offenders shall be considered as pirates and
of the carnapping. punished as hereinafter provided.
e. Highway Robbery/Brigandage. — The seizure of any person for ransom,
SECTION 15. Aliens. — Aliens convicted under the provisions of this Act extortion or other unlawful purposes, or the taking away of the property
shall be deported immediately after service of sentence without further of another by means of violence against or intimidation of person or
proceedings by the Deportation Board. force upon things of other unlawful means, committed by any person on
any Philippine Highway.
It shall be presumed that any person who does any of the acts provided in this Permit to Buy and Sell Large Cattle.
Section has performed them knowingly, unless the contrary is proven. No person, partnership, association, corporation or entity shall engage in the
business of buy and sell of large cattle without first securing a permit for the
said purpose from the Provincial Commander of the province where it shall
conduct such business and the city/municipal treasurer of the place of
residence of such person, partnership, association, corporation or entity. The
permit shall only be valid in such province.
Cut, saw, slice, separate, split, severe, smelt, or remove any electric The presence of a bored hole on the glass cover of the electric meter, or at the
power transmission line/material or meter from a tower, pole, or any back or any other part of said meter;
other installation or place of installation or any other place or site The presence inside the electric meter of salt, sugar and other elements that
where it may be rightfully or lawfully stored, deposited, kept, could result in the inaccurate registration of the meter's internal parts to
stocked, inventoried, situated or located, without the consent of the prevent its accurate registration of consumption of electricity;
owner, whether or not the act is done for profit or gain; The existence of any wiring connection which affects the normal operation or
Take, carry away or remove or transfer, with or without the use of a registration of the electric meter;
motor vehicle or other means of conveyance, any electric power The presence of a tampered, broken, or fake seal on the meter, or mutilated,
transmission line/material or meter from a tower, pole, any other altered or tampered meter recording chart or graph, or computerized
installation or place of installation, or any place or site where it may chart, graph, or log;
be rightfully or lawfully stored, deposited, kept, stocked, inventoried, The presence in any part of the building or its premises which is subject to
the control of the consumer or on the electric meter, of a current
reversing transformer, jumper, shorting and/or shunting wire, and/or loop RA 8041
connection or any other similar device; An Act to Address the National Water Crisis and For Other Purposes
The mutilation, alteration, reconnection, disconnection, bypassing or
tampering of instruments, transformers, and accessories; Sec. 8. Anti-Pilferage. - It is hereby declared unlawful for any person to:
The destruction of, or attempt to destroy, any integral accessory of the Destroy, damage or interfere with any canal, raceway, ditch, lock, pier, inlet,
metering device box which encases an electric meter, or its metering crib, bulkhead, dam, gate, service, reservoir, aqueduct, water mains,
accessories; and water distribution pipes, conduit, pipes, wire benchmark, monument, or
The acceptance of money and/or other valuable consideration by any officer other works, appliance, machinery buildings, or property of any water
of employee of the electric utility concerned or the making of such an utility entity, whether public or private;
offer to any such officer or employee for not reporting the presence of Do any malicious act which shall injuriously affect the quantity or quality of
any of the circumstances enumerated above. The discovery of any of the the water or sewage flow of any waterworks and/or sewerage system, or
foregoing circumstances, in order to constitute prima facie evidence, the supply, conveyance, measurement, or regulation thereof, including
must be personally witnessed and attested to by an officer of the law the prevention of, or interference with any authorized person engaged in
or a duly authorized representative of the Energy Regulatory Board the discharge of duties connected therewith;
(ERB). Prevent, obstruct, and interfere with the survey, works, and construction of
access road and water mains and distribution network and any related
For theft of electric power transmission lines and materials works of the utility entity.
Tap, make, or cause to be made any connection with water lines without
The possession or custody of electric power transmission line/material by prior authority or consent from the water utility concerned;
any person, natural or juridical, not engaged in the transformation, Tamper, install or use tampered water meters, sticks, magnets, reversing
transmission or distribution of electric power, or in the manufacture of such water meters, shortening of vane wheels and other devices to steal water
electric power transmission line/material shall be prima facie evidence that or interfere with accurate registry or metering of water usage, or
such line/material is the fruit of the offense of theft of electric power otherwise result in its diversion in a manner whereby water is stolen or
transmission lines and materials, and therefore such line/material may be wasted;
confiscated from the person in possession, control or custody thereof. Use or receive the direct benefit of water service with knowledge that
diversion, tampering, or illegal connection existed at the time of that
use, or that the use or receipt was otherwise without the authorization of
the water utility;
Steal or pilfer water meters, main lines, pipes and related or ancillary
facilities;
Steal water for profit or resale;
Knowingly possess stolen or tampered water meters; and
Knowingly or willfully allow the occurrence of any of the above.
Penalties:
imprisonment of six (6) months to two (2) years and a fine not exceeding double the
amount of the value of the water stolen or the value of the damaged facilities
If the offender is assisted in the commission of the crime by a plumber, officer or
employee of the water utility concerned, the said employee, officer or plumber
shall be punished by imprisonment of two (2) years to six (6) years
If the water is stolen for profit or resale, the offender shall be punished imprisonment
from six (6) to twelve (12) years.
PRESIDENTIAL DECREE No. 401 March 1, 1974
PENALIZING THE UNAUTHORIZED INSTALLATION OF WATER, REPUBLIC ACT NO. 8550
ELECTRICAL OR TELEPHONE CONNECTIONS, THE USE OF An Act Providing For The Development, Management And
TAMPERED WATER OR ELECTRICAL METERS, AND OTHER Conservation Of The Fisheries And Aquatic Resources, Integrating All
ACTS Laws Pertinent Thereto, And For Other Purposes
4. Use of Fine Mesh Net 12. Fishing or Taking of Rare, Threatened or Endangered Species
(a) fishing using nets with mesh smaller than that which may be fixed by the
Department 13. Capture of Sabalo and Other Breeders/Spawners
Prohibition shall not apply to the gathering of fry and such species which However, catching of sabalo and other breeders/spawners for local
by their nature are small but already mature to be identified in the breeding purposes or scientific or research purposes may be allowed subject
implementing rules and regulations by the Department. to guidelines to be promulgated by the Department.
5. Use of Active Gear in the Municipal Waters and Bays and Other Fishery 14. Exportation of Breeders, Spawners, Eggs or Fry
Management Areas
(a) fishing in municipal waters and in all bays as well as other fishery 15. Importation or Exportation of Fish or Fishery Species
management areas using active fishing gears
16. Violation of Catch Ceilings
6. Ban on Coral Exploitation and Exportation
(a) selling or exporting ordinary precious and semi-precious corals, whether 17. Aquatic Pollution
raw or in processed form, except for scientific or research purposes.
The confiscated corals shall either be returned to the sea or donated to 18. Other violations
schools and museums for educational or scientific purposes or disposed Failure to Comply with Minimum Safety Standards
through other means. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish
Cages
7. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs Gathering and Marketing of Shell Fish which is sexually mature or below
and Other Marine Habitat the minimum size or above the maximum quantities prescribed for
(a) fishing with gear method that destroy coral reefs, seagrass beds, and other the particular species
fishery marine life habitat as may be determined by the Department Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River,
(b) using "Muro-Ami" and any of its variation, and such similar gear and Lake or Bay
methods that require diving, other physical or mechanical acts to pound the Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish
coral reefs and other habitat to entrap, gather or catch fish and other fishery Cages without a license/permit
species
19. Commercial Fishing Vessel Operators Employing Unlicensed P.D. 330
Fisherfolk or Fishworker or Crew PenalizingTimber Smuggling or
Illegal Cutting of Logs
20. Obstruction of Defined Migration Paths of anadromous, catadromous
and other migratory species, in areas including, but not limited to river SECTION 1. Any person, whether natural or juridical, who directly or
mouths and estuaries within a distance determined by the concerned indirectly cuts, gathers, removes, or smuggles timber, or other forest
FARMCs products, either from any of the public forest, forest reserves and other kinds
of public forests, whether under license or lease, or from any privately owned
21. Obstruction to Fishery Law Enforcement Officer forest lands in violation of existing laws, rules and regulation shall be guilty
of the crime of qualified theft as defined and penalized under Articles 308,
309 and 310 of the Revised Penal Code; Provided, That if the offender is a
corporation, firm, partnership or association, the penalty shall be imposed
upon the guilty officer or officers, as the case may be, of the corporation,
firm, partnership or association, and if such guilty officer or officers are
aliens, in addition to the penalty herein prescribed, he or they shall be
deported without further proceedings on the part of the Commissioned of
Immigration and Deportation.
P.D. 705
The Forestry Reform Code (as amended) PRESIDENTIAL DECREE NO. 1612
ANTI-FENCING LAW OF 1979
SECTION 68. Cutting, gathering and/or collecting timber or other products
without license. — Any person who shall cut, gather, collect, or remove What is fencing?
timber or other forest products from any forest land, or timber from alienable
and disposable public lands, or from private lands, without any authority “Fencing" is the act of any person who, with intent to gain for himself or for
under a license agreement, lease, license or permit, shall be guilty of another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of,
qualified theft as defined and punished under Articles 309 and 310 of the or shall buy and sell, or in any other manner deal in any article, item, object
RPC; Provided, That in the case of partnership, association or corporation, or anything of value which he knows, or should be known to him, to have
the officers who ordered the cutting, gathering or collecting shall be liable, been derived from the proceeds of the crime of robbery or theft.
and if such officers are aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of the Commission on "Fence" includes any person, firm, association corporation or partnership or
Immigration and Deportation. other organization who/which commits the act of fencing.
The Court shall further order the confiscation in favor of the government of Presumption of Fencing.
the timber or forest products to cut, gathered, collected or removed, and the Mere possession of any good, article, item, object, or anything of value
machinery, equipment, implements and tools used therein, and the forfeiture which has been the subject of robbery or thievery shall be prima facie
of his improvements in the area. evidence of fencing.
The same penalty plus cancellation of his license agreement, lease, license or Clearance/Permit to Sell/Used Second Hand Articles is required
permit and perpetual disqualification from acquiring any such privilege shall All stores, establishments or entities dealing in the buy and sell of any good,
be imposed upon any licensee, lessee, or permittee who cuts timber from the article, item, object of anything of value obtained from an unlicensed dealer
licensed or leased area of another, without prejudice to whatever civil action or supplier thereof, shall before offering the same for sale to the public,
the latter may bring against the offender. secure the necessary clearance or permit from the station commander of the
Integrated National Police in the town or city where such store, establishment
or entity is located.
Penalties imposed
Any person guilty of fencing shall be punished as hereunder indicated:
a. The penalty of prision mayor, if the value of the property involved is
more than 12,000 pesos but not exceeding 22,000 pesos; if the value of
such property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for
each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, the penalty shall be
termed reclusion temporal and the accessory penalty pertaining thereto
provided in the Revised Penal Code shall also be imposed.
d. The penalty of arresto mayor in its medium period to prision correccional 1. Any recruitment activities, including the prohibited practices enumerated
in its minimum period, if the value of the property involved is over 50 under Article 34 of the Labor Code, to be undertaken by non-licensees
pesos but not exceeding 200 pesos. or non-holders of authority shall be deemed illegal and punishable
under Article 39 of the Labor Code. The Ministry of Labor and
e. The penalty of arresto mayor in its medium period, if such value is over Employment or any law enforcement officers may initiate complaints
five (5) pesos but not exceeding 50 pesos. under this Article.
The penalty of arresto mayor in its minimum period, if such value does not 2. Illegal recruitment when committed by a syndicate or in large scale
exceed 5 pesos. shall be considered an offense involving economic sabotage and shall
be penalized in accordance with Article 39 of the Labor Code
The Minister shall order the search of the office or premises and seizure
of documents paraphernalia, properties and other implements used in illegal
recruitment activities and the closure of companies, establishment and
entities found to be engaged in the recruitment of workers for overseas
employment, without having been licensed or authorized to do so.
PRESIDENTIAL DECREE No. 115 January 29, 1973
PROVIDING FOR THE REGULATION OF TRUST RECEIPTS NOTE: The sale of goods, documents or instruments by a person in the
TRANSACTIONS business of selling goods, documents or instruments for profit who, at the
outset of the transaction, has, as against the buyer, general property rights in
"Trust Receipt" -- shall refer to the written or printed document signed by such goods, documents or instruments, or who sells the same to the buyer on
the entrustee in favor of the entruster containing terms and conditions credit, retaining title or other interest as security for the payment of the
substantially complying with the provisions of this Decree. No further purchase price, does not constitute a trust receipt transaction.
formality of execution or authentication shall be necessary to the validity of a
trust receipt.
SECTION 2. Destructive Arson. — The penalty of Reclusion Temporal in its SECTION 6. Prima Facie Evidence of Arson. — Any of the following
maximum period to Reclusion Perpetua shall be imposed if the property burned is circumstances shall constitute prima facie evidence of arson:
any of the following: 1. If the fire started simultaneously in more than one part of the building or
1. Any ammunition factory and other establishment where explosives, inflammable establishment.
or combustible materials are stored. 2. If substantial amount of flammable substances or materials are stored within the
2. Any archive, museum, whether public or private, or any edifice devoted to building not necessary in the business of the offender nor for household use.
culture, education or social services. 3. If gasoline, kerosene, petroleum or other flammable or combustible substances
3. Any church or place of worship or other building where people usually or materials soaked therewith or containers thereof, or any mechanical,
assemble. electrical, chemical, or electronic contrivance designed to start a fire, or ashes or
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for traces of any of the foregoing are found in the ruins or premises of the burned
transportation of persons or property. building or property.
5. Any building where evidence is kept for use in any legislative, judicial, 4. If the building or property is insured for substantially more than its actual value
administrative or other official proceedings. at the time of the issuance of the policy.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping 5. If during the lifetime of the corresponding fire insurance policy more than two
center, public or private market, theater or movie house or any similar place or fires have occurred in the same or other premises owned or under the control of
building. the offender and/or insured.
7. Any building, whether used as a dwelling or not, situated in a populated or 6. If shortly before the fire, a substantial portion of the effects insured and stored in
congested area. a building or property had been withdrawn from the premises except in the
(NOTE: SECTION 2 IS REPEALED BY R.A. 7659 AMENDING ART. 320) ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire
SECTION 3. Other Cases of Arson. — The penalty of Reclusion Temporal to in exchange for the desistance of the offender or for the safety of the person or
Reclusion Perpetua shall be imposed if the property burned is any of the following: property of the victim.
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling; SECTION 7. Conspiracy to Commit Arson. — Conspiracy to commit arson shall be
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or punished by Prision Mayor in its minimum period.
tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo SECTION 8. Confiscation of Object of Arson. - The building which is the object
grove or forest; of arson including the land on which it is situated shall be confiscated and escheated
5. Any rice mill, sugar mill, cane mill or mill central; and to the State, unless the owner thereof can prove that he has no participation in nor
6. Any railway or bus station, airport, wharf or warehouse. knowledge of such arson despite the exercise of due on his part.
It is not unlawful: