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SPECIAL LAWS

Punishable acts and circumstances affecting criminal liability of the following:

A. Anti-Arson Law (Secs. 1 to 5, PD 1613, as amended by PD 1744)

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose
to danger the life or property of another.
Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall
be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials
are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social
services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or
property
4. Any building where evidence is kept for use in any legislative, judicial, administrative or other official
proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market,
theater or movie house or any similar place or building.
6. Any building, whether used as a dwelling or not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.
Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be imposed in its
maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more persons.
Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death results, the penalty
of Reclusion Perpetua to death shall be imposed.
B. Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4, and 5, RA 9775)

Section 3. Definition of Terms. -


(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or
who is made to appear to be a child as defined herein.
(b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or
simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral
to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:


(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form
of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child
pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided.
That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence
of the intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not
limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to
engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of
child pornography shall be committed when two (2) or more persons come to an agreement concerning the
commission of any of the said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be
punished under Section 15(a) of this Act.

C. Anti-Fencing Law of 1979 (Secs. 2 and 5, PD 1612)

Section 2. Definition of Terms. The following terms shall mean as follows:


(a) “Fencing” is the act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article,
item, object or anything of value which he knows, or should be known to him, to have been derived from the
proceeds of the crime of robbery or theft.
(b) “Fence” includes any person, firm, association corporation or partnership or other organization who/which
commits the act of fencing.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which
has been the subject of robbery or thievery shall be prima facie evidence of fencing.

D. Anti-Graft and Corrupt Practices Act (Sec. 3, RA 3019, as amended)

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be
unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority or an offense in connection with the official duties of
the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or
for any other person, in connection with any contract or transaction between the Government and any other
part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to
be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions
through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to
officers and employees of offices or government corporations charged with the grant of licenses or permits or
other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any
person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring
his own interest or giving undue advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction
or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion
in such approval, even if he votes against the same or does not participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they
belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy
of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering
or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely
release of the confidential information referred to in subparagraph (k) of this section shall, together with the
offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form with the Government.

E. Anti-Hazing Act of 2018 (Secs. 2 and 3, RA 8049, as amended by RA 11053)

Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall
be allowed without prior written notice to the school authorities or head of organization seven (7) days before the
conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not
exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain
an undertaking that no physical violence be employed by anybody during such initiation rites.
Section 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty
of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or
applicant.

RA 11053
Section 2. Definition of Terms. — As used in this Act:
(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a
recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a prerequisite for admission
or a requirement for continuing membership in a fraternity, sorority, or organization including, but not limited to,
paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any
food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is
likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member. This
shall also include any activity, intentionally made or otherwise, by one person alone or acting with others, that tends
to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to
do menial, silly, or foolish tasks.
(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, whether formal or
informal, that a person must perform or take part in order to be accepted into a fraternity, sorority, or organization
as a full- edged member. It includes ceremonies, practices, rituals, and other acts in all stages of membership in a
fraternity, sorority, or organization.
(c) Organization refers to an organized body of people which includes, but is not limited to, any club,
association, group, fraternity, and sorority. This term shall include the Armed Forces of the Philippines (AFP), the
Philippine National Police (PNP), the Philippine Military Academy (PMA), the Philippine National Police Academy
(PNPA), and other similar uniformed service-learning institutions.
(d) Schools refer to colleges, universities, and all other educational institutions."

Section 3. Prohibition on Hazing. — All forms of hazing shall be prohibited in fraternities, sororities, and
organizations in schools, including citizens' military training and citizens' army training. This prohibition shall likewise
apply to all other fraternities, sororities, and organizations that are not school-based, such as community-based and
other similar fraternities, sororities, and organizations: Provided, That the physical, mental, and psychological testing
and training procedures and practices to determine and enhance the physical, mental, and psychological fitness of
prospective regular members of the AFP and the PNP as approved by the Secretary of National Defense and the
National Police Commission, duly recommended by the Chief of Staff of the AFP and the Director General of the PNP,
shall not be considered as hazing for purposes of this Act: Provided, further, That the exception provided herein shall
likewise apply to similar procedures and practices approved by the respective heads of other uniformed learning
institutions as their prospective members, nor shall this provision apply to any customary athletic events or other
similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective, subject to
prior submission of a medical clearance or certificate.
In no case shall hazing be made a requirement for employment in any business or corporation.

F. Anti-Hijacking Law (Secs. 1 and 3, RA 6235)

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the moment
all its external doors are closed following embarkation until any of such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or
to seize or usurp the control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment of not
less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos but not
more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but not
more than fifty thousand pesos shall be imposed upon any person committing such violation under any of the
following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines, and explosive, flammable, corrosive or poisonous substance or
material.

G. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 [a, b, d, f] and 4, RA 9995)

Section 3. Definition of Terms. - For purposes of this Act, the term:


(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a person
or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means, or
broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing an image of the private area of a person or persons
without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or
video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones
and similar means or device without the written consent of the person/s involved, notwithstanding that consent
to record or take photo or video coverage of same was given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or female
breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she
could disrobe in privacy, without being concerned that an image or a private area of the person was being
captured; or circumstances in which a reasonable person would believe that a private area of the person would
not be visible to the public, regardless of whether that person is in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity
or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public
area, buttocks or female breast without the consent of the person/s involved and under circumstances in which
the person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo
or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.

H. Anti-Plunder Act (Secs. 1 and 2, RA 7080, as amended by RA 7659)


Section 1. Definition of Terms - As used in this Act, the term -
a) Public Officer means any person holding any public office in the Government of the Republic of the Philippines
by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions, agencies or instrumentalities,
including government-owned or -controlled corporations and their subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within
the purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates by any combination or series of the following means or similar
schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form
of pecuniary benefit from any person and/or entity in connection with any government contract or project
or by reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or
any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and
their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of
interest or participation including promise of future employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and
the Republic of the Philippines.
See Section 2 As amended by Section 12 of RA No.7659
Section 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 or criminal acts as described in Section 1(d) hereof, in the aggregate amount or total
value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty of the crime of plunder and shall be
punished by life imprisonment with perpetual absolute disqualification from holding any public office. Any person
who participated with said public officer in the commission of plunder shall likewise be punished. In the imposition
of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances 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 stock derived from the deposit or investment thereof forfeited in
favor of the State.

I. Anti-Sexual Harassment Act of 1995 (Sec. 3, RA 7877)

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-
related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment, demands, requests or otherwise requires
any sexual favor from the other, regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is
committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise
adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under
existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the
sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges, or consideration; or

(4) When the sexual advances
result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who
cooperates in the commission thereof by another without which it would not have been committed, shall also be
held liable under this Act.

J. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4, and 5, RA 9745)

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not include pain or Buffering arising only from, inherent in or
incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent
of a person in authority against a person under his/her custody, which attains a level of severity causing
suffering, gross humiliation or debasement to the latter.
xxxx
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person
in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or
substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until
the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such
as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale,
such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the
belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the
victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading
treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person in
custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter.
The assessment of the level of severity shall depend on all the circumstances of the case, including the duration of
the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age and state of
health of the victim.

K. Anti-Trafficking in Persons Act of 2003 (Secs. 3, 4, and 6, RA 9208, as amended)


Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons
with or without the victim's consent or knowledge, within or across national borders by means of threat or use
of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall
also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the
preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to
fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because
of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for
sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse
of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and individuals
which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement
for tourists. This includes sexual services and practices offered during rest and recreation periods for members
of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic
materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority,
debt bondage, fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a person
under his/her control as security or payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the
debt.
(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under
the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose
of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate
if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).

L. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5, and 26, RA 9262)

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of
violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their
children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force
or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to, the following acts committed with the purpose or
effect of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or
her family, or deliberately providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman
or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited
to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or
her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children
of access to the woman's child/children.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of
the elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the
time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

M. Bouncing Checks Law (Sec. 1, BP 22)

Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on
account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored
by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had
not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by imprisonment
of not less than thirty days but not more than one (1) year or by a fine of not less than but not more than double
the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos, or both such fine and
imprisonment at the discretion of the court. chan robles virtual law library 

The same penalty shall be imposed
upon any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and
issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored
by the drawee bank. 

Where the check is drawn by a corporation, company or entity, the person or persons who
actually signed the check in behalf of such drawer shall be liable under this Act.

N. Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11, 15, and 21, RA 9165, as amended by RA 10640)

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in
such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug
and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the
maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in
any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical
trade, the maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death
of a victim thereof, the maximum penalty provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages
or acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree
of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine
(MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI
of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams
or more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of
dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five
(hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three
hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of
dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs
such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for use of
any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If
apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided
for under Section 11 of this Act, in which case the provisions stated therein shall apply.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment
so confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the
copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative
examination;
(3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic
laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s:
Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals does not allow the completion of testing within the time frame, a partial
laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs
still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on
the completed forensic laboratory examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction
or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall draw up the guidelines on the manner of proper
disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes:
Provided, further, That a representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s
which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court
having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the
above proceedings and his/her presence shall not constitute an admission of guilt. In case the said offender or
accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel
within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the
Secretary of Justice shall appoint a member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was
presented as evidence in court, the trial prosecutor shall inform the Board of the final termination of the case
and, in turn, shall request the court for leave to turn over the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs
defined herein which are presently in possession of law enforcement agencies shall, with leave of court, be
burned or destroyed, in the presence of representatives of the Court, DOJ, Department of Health (DOH) and the
accused/and or his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and
burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be
implemented by the DOH.

O. Comprehensive Firearms and Ammunition Regulation Act (Secs. 28 and 29, RA 10591)

Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful acquisition, possession
of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully
acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or
Class-A light weapons are unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully
acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess
a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be
imposed upon any person who shall unlawfully possess any firearm under any or combination of the following
conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal
weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully
acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully
acquire or possess ammunition for a small arm or Class-A light weapon. If the violation of this paragraph is
committed by the same person charged with the unlawful acquisition or possession of a small arm, the former
violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully
acquire or possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully
acquire or possess ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the
same person charged with the unlawful acquisition or possession of a Class-A light weapon, the former violation
shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully
acquire or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully
acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the
same person charged with the unlawful acquisition or possession of a Class-B light weapon, the former violation
shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the
law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of
firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged:
Provided, further, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum
penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of
prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the
Revised Penal Code or other special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of
insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of the crime of rebellion or
insurrection, or attempted coup d’ etat.
If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered
as a distinct and separate offense.

P. Cybercrime Prevention Act of 2012 (Secs. 4 to 6, RA 10175)

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this
Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(2) Illegal Interception. – The interception made by technical means without right of any non-public
transmission of computer data to, from, or within a computer system including electromagnetic emissions
from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data message, without right, including the introduction
or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program, electronic document, or electronic data
message, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available,
without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a
computer system is capable of being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said
devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a
personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data
with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as
defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program
or interference in the functioning of a computer system, causing damage thereby with fraudulent intent:
Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another, whether natural or juridical, without
right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any
lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or
consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775
or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the
penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No.
9775.1âwphi1
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication
with the use of computer system which seek to advertise, sell, or offer for sale products and services are
prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative announcements from
the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial electronic messages (opt-out) from the same
source;
(bb) The commercial electronic communication does not purposely disguise the source of the
electronic message; and
(cc) The commercial electronic communication does not purposely include misleading information
in any part of the message in order to induce the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any other similar means which may be devised in the
future.
Section 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the
offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed
by, through and with the use of information and communications technologies shall be covered by the relevant
provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided
for by the Revised Penal Code, as amended, and special laws, as the case may be.
Q. Human Security Act of 2007 (Secs. 3 to 6, RA 9372)

SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following provisions of the Revised
Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall
suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of terrorism shall suffer the
penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of
terrorism as defined in Section 3 hereof and decide to commit the same.
SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or conspiracy
to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four
months one day to twenty (20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of terrorism or conspiracy
to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17
and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (a) by
profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring,
concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the
provisions of subparagraph (a).

R. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, RA 10883)


Section 3. Carnapping; Penalties.— Carnapping is the taking, with intent to gain, of a motor vehicle belonging to
another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force
upon things.
Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished
by imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the
carnapping is committed without violence against or intimidation of persons, or force upon things; and by
imprisonment for not less than thirty (30) years and one (1) day but not more than forty (40) years, when the
carnapping is committed by means of violence against or intimidation of persons, or force upon things; and the
penalty of life imprisonment shall be imposed when the owner, driver, or occupant of the carnapped motor vehicle
is killed or raped in the commission of the carnapping.
Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or
syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when the
owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of the carnapping
shall be denied bail when the evidence of guilt is strong.
Section 4. Concealment of Carnapping.— Any person who conceals carnapping shall be punished with
imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost of the
motor vehicle, motor vehicle engine, or any other part involved in the violation; Provided, That if the person
violating any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its
president, secretary, and/or members of the board of directors or any of its officers and employees who may have
directly participated in the violation.
Any public official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross
negligence of duty or connives with or permits the commission of any of the said unlawful acts shall, in addition to
the penalty prescribed in the preceding paragraph, be dismissed from the service, and his/her benefits forfeited
and shall be permanently disqualified from holding public office.

S. Obstruction of Justice Law (Sec. 1, PD 1829)

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or
both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following
acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any
offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or
threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair
its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official
proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest
prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution
of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing
proceedings in the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with
intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or
impeding the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property
or that of any immediate member or members of his family in order to prevent such person from appearing in
the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or
unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal
cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating information from
the data gathered in confidence by investigating authorities for purposes of background information and not
for publication and publishing or disseminating the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be
imposed.

T. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Secs. 3[a], 5, and 10, RA
7610)

Section 3. Definition of Terms. (a) "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition;
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit,
or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to,
the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other
similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty
for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium
period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where
the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving
as a cover or which engages in prostitution in addition to the activity for which the license has been issued to
said establishment.

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for
other conditions prejudicial to the child's development including those covered by Article 59 of Presidential
Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty
of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That
this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity
or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal
duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium
period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the
perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental
authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor herein described shall be imposed a penalty of
prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of
the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph
2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide,
other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim
is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and
341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness
with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1)
degree higher than that imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.