Section 3. ​Other Cases of Arson.
​The penalty of Reclusion Temporal
SYLLABUS FOR THE 2019 BAR EXAMINATIONS
CRIMINAL LAW
III. SPECIAL LAWS: Punishable acts and circumstances affecting
criminal liability of the following:
A. Presidential Decree No. 1613, s. 1979
PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
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
5. Any building where evidence is kept for use in any legislative,
judicial, administrative or other official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing
tenement, shopping center, public or private market, theater or
movie house or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in a
populated or congested area.
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;
5. Any plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest;
6. Any rice mill, sugar mill, cane mill or mill central; and
7. 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. I​ f by reason of or on
the occasion of the arson death results, the penalty of Reclusion
Perpetua to death shall be imposed.
Presidential Decree No. 1744, s. 1980
PRESIDENTIAL DECREE No. 1744
AMENDING ARTICLE THREE HUNDRED AND TWENTY OF THE
REVISED PENAL CODE PROVISIONS ON ARSON.
Section 1. Article 320 of the Revised Penal Code shall read as
follows:
“Article 320 Destructive Arson. The penalty of reclusion temporal in
its maximum period to death shall be imposed upon any person
who shall burn:
1. One (1) or more buildings or edifices, consequent to one single
act of burning, or as result of simultaneous burnings, or committed
on several or different occasions;
2. Any building of public or private ownership, devoted to the use
of the public in general, or where people usually gather or
congregated for a definite purpose such as but not limited to
official governmental function or business, private transaction,
commerce, trade, worship, meetings and conferences, or merely
incidental to a definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyance or stops or
terminals, regardless of whether the offender had knowledge that
there are persons in said building or edifice at the time it is set on
fire, and regardless also of whether the building is actually
inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or convenience, or public use,
entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of public
utilities.
5. Any building, the burning of which is for the purpose of
concealing or destroying evidence of another violation of law, or for
the purpose of concealing bankruptcy or defrauding creditors or to
collect from insurance.
Irrespective of the application of the above enumerated qualifying
circumstances, the penalty of death shall likewise be imposed when
the arson is perpetrated or committed by two (2) or more persons
or by a group of persons, regardless of whether their purpose is
merely to burn or destroy the building or the edifice, or the burning
merely constitutes an overt act in the commission or another
violation of law.
The penalty of reclusion temporal in its maximum period to death
shall also be imposed upon any person who shall burn:
(a) Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordinance storehouse, archives or general
museum of the government.
(b) In an inhabited place, any storehouse or factory of inflammable
or explosive materials.
If as a consequence of the commission of any of the acts penalized
under this Article, death or injury results, or any valuable
documents, equipment, machineries, apparatus, or other valuable
properties were burned or destroyed, the mandatory penalty of
death shall be imposed.”
Section 2. Provisions of Articles 320, 321 and 322 of the Revised
Penal Code which are or may be inconsistent herewith are hereby
repealed.
B. Republic Act No. 9775
Republic Act No. 9775
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES
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.
Section 15. ​Penalties and Sanctions. – The following penalties and
sanctions are hereby established for offenses enumerated in this
Act:
(a) Any person found guilty of syndicated child pornography as
defined in Section 5 of this Act shall suffer the penalty of ​reclusion
perpetua and a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Five million pesos
(Php5,000,000.00);
C. Presidential Decree No. 1612, s. 1979
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979
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.
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. REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
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. REPUBLIC ACT No. 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION
RITES IN FRATERNITIES, SORORITIES, AND OTHER
ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
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.
REPUBLIC ACT No. 11053
"An Act Prohibiting Hazing and Regulating Other Forms of Initiation
Rites of Fraternities, Sororities, and Other Organizations, and
Providing Penalties for Violations Thereof, Amending for the
Purpose Republic Act No. 8049, Entitled "An Act Regulating Hazing
and Other Forms of Initiation Rites in Fraternities Sororities, and
Organizations and Providing Penalties Therefor."
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
"SECTION 1. ​Short Title. - This Act shall be known as the
"Anti-Hazing Act of 2018".
Section 2. Section 1 of the same Act is hereby amended to read as
follows:
"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 fraternity,
sorority, organization as a full-fledged 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 it 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 other educational
institutions."
Section 3. A new section to be denominated as Section 3 is hereby
inserted in the same Act to read as follows:
Sec. 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: ​Provide, That the physical, mental, 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 National Police
Commission, duly recommended by the Chief of Staff of the AFP
and Director General of the PNP, shall not be considered as hazing
purposes of this Act: ​Provided, further, That the exemption
provided herein shall likewise apply to similar procedures and
practices approved by the respective heads of other uniformed
learning institutions as to 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."
Section 4. Section 2 of the same Act is hereby amended to read as
follows:
"Sec. 4. ​Regulation of Schoo-Based Initiation Rites. Only initiation
rites or practices that do not constitute hazing shall be allowed:
Provided,​ That:
"(a) A written application to conduct initiation rites shall be made
to the proper authorities of the school not later than seven (7)
days prior to scheduled initiation date;
"(b) The written application shall indicate the place and date of the
initiation rites and the names of the recruits, neophytes, or
applicants to be initiated and the manner by which they will
conduct the initiation rites;
"(d) The initiation rites shall not last more than three (3) days;
"(e) The application shall contain the names of the incumbent
officers of the fraternity, sorority, or organization and any person
or persons who will take charge in the conduct of the initiation
rites;
"(f) The application shall be under oath with a declaration that it
has been posted in the official school bulletin board, the bulletin
board of the office of the fraternity, sorority, or organization, and
two(2) other conspicuous places in the school or in the premises of
the organization; and
"(g) The application shall be posted from the time of submission of
the written notice to the school authorities or head of organization
and shall only be removed from its posting three (3) days after the
conduct of the initiation rites.
"The school, fraternity, sorority, or organization shall provide for
their respective bulletin boards for purposes of this
section.1âwphi1
"Guidelines for the approval or denial of the application to conduct
initiation rites by a registered fraternity, sorority, organization shall
be promulgated by the appropriate school official not later than
sixty (60) days after the approval of this Act. The appropriate
school authorities shall have the obligation to disapproved the
application to conduct initiation rites that do not conform with any
of the requirements of this section, and in unequivocal terms in a
formal advice to the fraternity sorority, or organization concerned,
taking into consideration the safety and security of participants in
the activity.
"School officials shall have the authority to impose after due notice
and summary hearing, disciplinary sanctions, in accordance with
the school's guidelines and regulations on the matter, which shall
include, but shall not be limited to, reprimand, suspension,
exclusion, or expulsion, to the head and all other officers of the
fraternity, sorority and organization which conducts an initiation
without first securing the necessary approval of the school as
required under this section. All members of the fraternity, sorority,
or organization, who participated in the unauthorized initiation
rites, even if no hazing was conducted, shall also be punished
accordingly.
"In case the written application for the conduct of initiation rites
contains false or inaccurate information, appropriate disciplinary
sanctions in accordance with the school's guidelines and
regulations on the matter ranging from reprimand to expulsion
shall be imposed, after due notice and summary hearing, against
the person who prepared the application or supplied the false and
inaccurate information and to the head and other officers of the
fraternity, sorority, or organization concerned."
Section 5. Section 3 of the same Act is hereby amended to read as
follows:
Sec. 5. ​Monitoring of Initiation Rites.-​ The head of the school or an
authorized representative must assign at least two (2)
representatives of the school to be present during the initiation. It
is the duty of the school representatives to see to it that no hazing
is conducted during the initiation rites and to document the entire
proceedings. Thereafter, said representatives who were present
during the initiation shall make a report of the initiation rites to the
appropriate officials of the school regarding the conduct of the said
initiation: ​Provided, That if hazing is still committed despite their
presence, no liability shall attach to them unless it is proven that
they failed to perform an overt act to prevent or stop the
commission thereof."
F. REPUBLIC ACT No. 6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL
AVIATION, AND FOR OTHER PURPOSES.
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 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. REPUBLIC ACT No. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND
VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND
FOR OTHER PURPOSES
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.
(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.
(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. Republic Act No. 7080 July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
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.
REPUBLIC ACT NO. 7659
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS
CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL
LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR
OTHER PURPOSES
Section 12. Section 2 of Republic Act No. 7080 (An Act Defining
and Penalizing the Crime of Plunder) is hereby amended to read as
follows:
"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any
public officer who, by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires
ill-gotten wealth through a combination or series of overt criminal
acts as described in Section 1 (d) hereof in the aggregate amount
or total value of at least Fifty million pesos (P50,000,000.00) shall
be guilty of the crime of plunder and shall be punished by reclusion
perpetua to death. Any person who participated with the said
public officer in the commission of an offense contributing to the
crime of plunder shall likewise be punished for such offense. In the
imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as
provided by the Revised Penal Code, shall be considered by the
court. The court shall declare any and all ill-gotten wealth and their
interests and other incomes and assets including the properties
and shares of stocks derived from the deposit or investment
thereof forfeited in favor of the State."
I. Republic Act 7877
Anti-Sexual Harassment Act of 1995
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES.
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. REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING
PENALTIES THEREFOR
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.
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. Republic Act No. 9208 May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING
THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
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).
Section 6. ​Confidentiality. - At any stage of the investigation,
prosecution and trial of an offense under this Act, law enforcement
officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the
right to privacy of the trafficked person and the accused. Towards
this end, law enforcement officers, prosecutors and judges to
whom the complaint has been referred may, whenever necessary
to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and
personal circumstances of the trafficked person or of the accused,
or any other information tending to establish their identities and
such circumstances or information shall not be disclosed to the
public.
In cases when prosecution or trial is conducted behind
closed-doors, it shall be unlawful for any editor, publisher, and
reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a
film in case of the movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity of any case of
trafficking in persons.
L. Republic Act No. 9262 March 08, 2004
 AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES
SECTION 3. ​Definition of Terms​.- As used in this Act,
(a) "​Violence against women and their children"​ refers to any act or
a series of acts committed by any person against a woman who is
his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering,
or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes,
but is not limited to, the following acts:
A. "​Physical Violence"​ refers to acts that include bodily or physical
harm;
B. "​Sexual violence"​ refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not
limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual parts
of the victim's body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "​Psychological violence​" refers to acts or omissions causing or
likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of
common children.
D. "​Economic abuse​" refers to acts that make or attempt to make a
woman financially dependent which includes, but is not limited to
the following:
1. withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects
on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal, community or
property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely
controlling the conjugal money or properties.
(b) "​Battery"​ refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and psychological or
emotional distress.
(c) "​Battered Woman Syndrome​" refers to a scientifically defined
pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
(d) "​Stalking"​ refers to an intentional act committed by a person
who, knowingly and without lawful justification follows the woman
or her child or places the woman or her child under surveillance
directly or indirectly or a combination thereof.
(e) "​Dating relationship​" refers to a situation wherein the parties
live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context
is not a dating relationship.
(f) "​Sexual relations​" refers to a single sexual act which may or
may not result in the bearing of a common child.
(g) "​Safe place or shelter"​ refers to any home or institution
maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act
or any other suitable place the resident of which is willing
temporarily to receive the victim.
(h) "​Children"​ refers to those below eighteen (18) years of age or
older but are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
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. BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE
OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR
OTHER PURPOSES.
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.
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. REPUBLIC ACT NO. 9165 June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE
KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
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.
[REPUBLIC ACT NO. 10640]
AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF
THE GOVERNMENT, AMENDING FOR THE PURPOSE SECTION 21 OF
REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002″
SECTION 1. Section 21 of Republic Act No. 9165, otherwise known
as the “Comprehensive Dangerous Drugs Act of 2002″, is hereby
amended to read as follows:
“SEC. 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 dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory equipment
shall, immediately after seizure and confiscation, conduct a
physical inventory of the seized items 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, with an elected public official and a representative of the
National Prosecution Service or the media who shall be required to
sign the copies of the inventory and be given a copy thereof:
Provided, That the physical inventory and photograph shall be
conducted at the place where the search warrant is served; or at
the nearest police station or at the nearest office of the
apprehending officer/team, whichever is practicable, in case of
warrantless seizures: Provided, finally, That noncompliance of
these requirements under justifiable grounds, as long as the
integrity and the evidentiary value of the seized items are properly
preserved by the apprehending officer/team, shall not render void
and invalid such seizures and custody over said items.
“x x x
“(3) A certification of the forensic laboratory examination results,
which shall be done by the forensic laboratory examiner, shall be
issued immediately upon the receipt of the subject item/s:
Provided, That when the volume of 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 immediately upon completion of
the said examination and certification;
“x x x.”
O. REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS
AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
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 i​ n 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 i​ n 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 i​ n 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 i​ n 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 i​ n 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, T​ hat 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. Republic Act No. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
CHAPTER II
PUNISHABLE ACTS
SEC. 4. ​Cybercrime Offenses. — The following acts constitute the
offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of
computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a
computer system without right.
(2) Illegal Interception. – The interception made by technical
means without right of any non-public transmission of computer
data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such
computer data.
(3) Data Interference. — The intentional or reckless alteration,
damaging, deletion or deterioration of computer data, electronic
document, or electronic data message, without right, including the
introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless
hindering or interference with the functioning of a computer or
computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(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, T​ hat if no
damage has yet been caused, the penalty imposable shall be one
(1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition,
use, misuse, transfer, possession, alteration or deletion of
identifying information belonging to another, whether natural or
juridical, without right: ​Provided, ​That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid of a computer
system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined
and punishable by ​Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed through a computer system:
Provided, ​That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission
of commercial electronic communication with the use of computer
system which seek to advertise, sell, or offer for sale products and
services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing
users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple,
valid, and reliable way for the recipient to reject. receipt of further
commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely
disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely
include misleading information in any part of the message in order
to induce the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in
Article 355 of the Revised Penal Code, as amended, committed
through a computer system or any other similar means which may
be devised in the future.
SEC. 5. ​Other Offenses. — T​ he following acts shall also constitute
an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any
person who willfully abets or aids in the commission of any of the
offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who
willfully attempts to commit any of the offenses enumerated in this
Act shall be held liable.
SEC. 6. All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and
with the use of information and communications technologies shall
be covered by the relevant provisions of this Act: ​Provided, T
​ hat
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. REPUBLIC ACT No. 9372 March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM
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. REPUBLIC ACT NO. 10883, July 17, 2016
AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE
PHILIPPINES
Sec. 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.
Sec. 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 theamount 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. PRESIDENTIAL DECREE No. 1829
PENALIZING OBSTRUCTION OF APPREHENSION AND
PROSECUTION OF CRIMINAL OFFENDERS
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. Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES
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.