Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress
Third Regular Session

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

Republic Act No. 9287 April 2, 2004

AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES,

AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO.
1602, AND FOR OTHER PURPOSES

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

Congress assembled:

Section 1. Declaration of Policy. - It is the policy of the State to promote a just and
dynamic social order that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved
quality of life for all. It is likewise the policy of the State that the promotion of social
justice shall include the commitment to create economic opportunities based on
freedom of initiative and self-reliance.

Hence, the State hereby condemns the existence of illegal gambling activities such
as illegal numbers games as this has become an influential factor in an individual's
disregard for the value of dignified work, perseverance and thrift since instant
monetary gains from it are being equated to success, thereby becoming a
widespread social menace and a source of corruption.

Towards this end, the State shall therefore adopt more stringent measures to stop
and eradicate the existence of illegal numbers games in any part of the country.

Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:

a) Illegal Numbers Game. - Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots.

b) Jueteng. - An illegal numbers game that involves the combination of thirty-

seven (37) numbers against thirty-seven (37) numbers from number one (1)
to thirty seven (37) or the combination of thirty-eight (38) numbers in some
areas, serving as a form of local lottery where bets are placed and accepted
per combination, and its variants.

c) Masiao. - An illegal numbers game where the winning combination is

derived from the results of the last game of Jai Alai or the Special Llave
portion or any result thereof based on any fictitious Jai Alai game consisting
of ten (10) players pitted against one another, and its variants.
 d) Last Two. - An illegal numbers game where the winning combination is
derived from the last two (2) numbers of the first prize of the winning
Sweepstakes ticket which comes out during the weekly draw of the Philippine
Charity Sweepstakes Office (PCSO), and its variants.

e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who

places bets for himself/herself or in behalf of another person, or any person,
other than the personnel or staff of any illegal numbers game operation.

f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who

acts in the interest of the maintainer, manager or operator, such as, but not
limited to, an accountant, cashier, checker, guard, runner, table manager,
usher, watcher, or any other personnel performing such similar functions in a
building structure, vessel, vehicle, or any other place where an illegal
numbers game is operated or conducted.

g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). -

Any person who collects, solicits or produces bets in behalf of his/her principal
for any illegal numbers game who is usually in possession of gambling
paraphernalia.

h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). -

Any person who exercises control and supervision over the collector or agent.

i) Maintainer, Manager or Operator. - Any person who maintains, manages or

operates any illegal number game in a specific area from whom the
coordinator, controller or supervisor, and collector or agent take orders.

j) Financiers or Capitalist. - Any person who finances the operations of any

illegal numbers game.

k) Protector or Coddler. - Any person who lends or provides protection, or

receives benefits in any manner in the operation of any illegal numbers game.

Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers
game shall suffer the following penalties:

a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if
such person acts as a bettor;

b) The penalty of imprisonment from six (6) years and one (1) day to eight (8)
years, if such person acts as a personnel or staff of an illegal numbers game
operation;

The same penalty shall likewise be imposed to any person who allows his
vehicle, house, building or land to be used in the operation of the illegal
numbers games.

c) The penalty of imprisonment from eight (8) years and one (1) day to ten
(10) years, if such person acts as a collector or agent;
 d) The penalty of imprisonment from ten (10) years and one (1) day to twelve
(12) years, if such person acts as a coordinator, controller or supervisor;

e) The penalty of imprisonment from twelve (12) years and one (1) day to ten
(10) fourteen (14) years, if such person acts as a maintainer, manager or
operator; and

f) The penalty of imprisonment from fourteen (14) years and one (1) day to
sixteen (16) years, if such person acts as a financier or capitalist;

g) The penalty of imprisonment from sixteen (16) years and one (1) day to
twenty (20) years, if such person acts as protector or coddler.

Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of

any gambling paraphernalia and other materials used in the illegal numbers game
operation shall be deemed prima facie evidence of any offense covered by this
Act.

Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the

collector, agent, coordinator, controller, supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers game is a government employee
and/or public official, whether elected or appointed shall suffer the penalty of twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from Three
million pesos (P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual
absolute disqualification from public office.

In addition to the penalty provided in the immediately preceding section, the

accessory penalty of perpetual disqualification from public office shall be imposed
upon any local government official who, having knowledge of the existence of the
operation of any illegal numbers game in his/her jurisdiction, fails to abate or to
take action, or tolerates the same in connection therewith.

b) In the case of failure to apprehend perpetrators of any illegal numbers game,

any law enforcer shall suffer an administrative penalty of suspension or dismissal,
as the case may be, to be imposed by the appropriate authority.

Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from six (6)

months and one (1) day to one (1) year or fine ranging from One hundred thousand
pesos (P100,000.00) to Four hundred thousand pesos (P400,000.00) shall be
imposed upon any parent, guardian or person exercising moral authority or
ascendancy over a minor, ward or incapacitated person, and not otherwise falling
under any of the foregoing subsections, who induces or causes such minor, ward
or incapacitated person to commit any of the offenses punishable in this Act. Upon
conviction, the parent, guardian or person exercising moral authority or
ascendancy over the minor, ward or incapacitated person shall be deprived of
his/her authority over such person in addition to the penalty imposed.

Sec. 7. Recidivism. - The penalty next higher in degree as provided for under
Section 3 hereof shall be imposed upon a recidivist who commits any of the
offenses punishable in this Act.
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the
government or provides evidence in a criminal case involving any violation of this
Act, or who voluntarily or by virtue of a subpoena testificandum or duces tecum,
produces, identifies, or gives testimony shall be immune from any criminal
prosecution, subject to the compliance with the provisions of Presidential Decree
No. 1732, otherwise known as Decree Providing Immunity from Criminal
Prosecution to Government Witnesses and the pertinent provisions of the Rules of
Court.

Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person may be

charged with or convicted of the offenses covered by this Act without prejudice to
the prosecution of any act or acts penalized under the Revised Penal Code or
existing laws.

During the pendency of the case, no property or income used or derived therefrom
which may be confiscated and forfeited shall be disposed, alienated or transferred
and the same shall be in custodia legis and no bond shall be admitted for the
release of the same.

The trial prosecutors shall avail of provisional remedies provided for under the
Revised Rules on Criminal Procedure.

Upon conviction, all proceeds, gambling paraphernalia and other instruments of

the crime including any real or personal property used in any illegal numbers game
operation shall be confiscated and forfeited in favor of the State. All assets and
properties of the accused either owned or held by him/her in his/her name or in the
name of another person found to be manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be proceeds of the offense and shall
likewise be confiscated and forfeited in favor of the State.

Sec. 10. Witness Protection. - Any person who provides material information,
whether testimonial or documentary, necessary for the investigation or prosecution
of individuals committing any of the offenses under Sections 3, 4, 5 and 6 herein
shall be placed under the Witness Protection Program pursuant to Republic Act.
No. 6981.

Sec. 11. Informer's Reward. - Any person who, having knowledge or information
of any offense committed under this Act and who shall disclose the same which
may lead to the arrest and final conviction of the offender, may be rewarded a
certain percentage of the cash money or articles of value confiscated or forfeited
in favor of the government, which shall be determined through a policy guideline
promulgated by the Department of Justice (DOJ) in coordination with the
Department of Interior and Local Government (DILG) and the National Police
Commission (NAPOLCOM).

The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards
and incentives for law enforcement officers and for local government official for the
effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the DILG, DOJ, NAPOLCOM, and other concerned
government agencies shall jointly promulgate the implementing rules and
regulations, as may be necessary to ensure the efficient and effective
implementation of the provisions of this Act.

Sec. 13. Separability Clause. - If for any reason any section or provision of this
Act, or any portion thereof, or the application of such section, provision or portion
thereof to any person, group or circumstance is declared invalid or
unconstitutional, the remaining provisions of this Act shall not be affected by such
declaration and shall remain in force and effect.

Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential Decree No.
1602, in so far as they are inconsistent herewith, are hereby expressly amended
or modified accordingly.

Sec. 15. Repealing Clause. - The provisions of other laws, decrees, executive
orders, rules and regulations inconsistent with this Act are hereby repealed,
amended or modified accordingly.

Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.
 Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fifteenth Congress
Third Regular Session

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

REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO

ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN
THEIR INSTITUTIONS

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-Bullying Act of 2013".

Section 2. Acts of Bullying. – For purposes of this Act, "bullying" shall refer to any
severe or repeated use by one or more students of a written, verbal or electronic
expression, or a physical act or gesture, or any combination thereof, directed at
another student that has the effect of actually causing or placing the latter in
reasonable fear of physical or emotional harm or damage to his property; creating
a hostile environment at school for the other student; infringing on the rights of the
other student at school; or materially and substantially disrupting the education
process or the orderly operation of a school; such as, but not limited to, the
following:

a. Any unwanted physical contact between the bully and the victim like
punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting
school pranks, teasing, fighting and the use of available objects as weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-
being;

c. Any slanderous statement or accusation that causes the victim undue

emotional distress like directing foul language or profanity at the target, name-
calling, tormenting and commenting negatively on victim’s looks, clothes and
body; and

d. Cyber-bullying or any bullying done through the use of technology or any

electronic means.

Section 3. Adoption of Anti-Bullying Policies. – All elementary and secondary

schools are hereby directed to adopt policies to address the existence of bullying
in their respective institutions. Such policies shall be regularly updated and, at a
minimum, shall include provisions which:

(a) Prohibit the following acts:

 (1) Bullying on school grounds; property immediately adjacent to school
grounds; at school-sponsored or school-related activities, functions or
programs whether on or off school grounds; at school bus stops; on
school buses or other vehicles owned, leased or used by a school; or
through the use of technology or an electronic device owned, leased or
used by a school;

(2) Bullying at a location, activity, function or program that is not school-

related and through the use of technology or an electronic device that is
not owned, leased or used by a school if the act or acts in question
create a hostile environment at school for the victim, infringe on the
rights of the victim at school, or materially and substantially disrupt the
education process or the orderly operation of a school; and

(3) Retaliation against a person who reports bullying, who provides

information during an investigation of bullying, or who is a witness to or
has reliable information about bullying;

(b) Identify the range of disciplinary administrative actions that may be taken
against a perpetrator for bullying or retaliation which shall be commensurate
with the nature and gravity of the offense: Provided, That, in addition to the
disciplinary sanctions imposed upon a perpetrator of bullying or retaliation,
he/she shall also be required to undergo a rehabilitation program which shall
be administered by the institution concerned. The parents of the said
perpetrator shall be encouraged by the said institution to join the rehabilitation
program;

(c) Establish clear procedures and strategies for:

(1) Reporting acts of bullying or retaliation;

(2) Responding promptly to and investigating reports of bullying or

retaliation;

(3) Restoring a sense of safety for a victim and assessing the student’s
need for protection;

(4) Protecting from bullying or retaliation of a person who reports acts of

bullying, provides information during an investigation of bullying, or is
witness to or has reliable information about an act of bullying; and

(5) Providing counseling or referral to appropriate services for

perpetrators, victims and appropriate family members of said students;

(d) Enable students to anonymously report bullying or retaliation: Provided,

however, That no disciplinary administrative action shall be taken against a
perpetrator solely on the basis of an anonymous report;

(e) Subject a student who knowingly makes a false accusation of bullying to

disciplinary administrative action;
 (f) Educate students on the dynamics of bullying, the anti-bullying policies of
the school as well as the mechanisms of such school for the anonymous
reporting of acts of bullying or retaliation;

(g) Educate parents and guardians about the dynamics of bullying, the anti-
bullying policies of the school and how parents and guardians can provide
support and reinforce such policies at home; and

(h) Maintain a public record of relevant information and statistics on acts of

bullying or retaliation in school: Provided, That the names of students who
committed acts of bullying or retaliation shall be strictly confidential and only
made available to the school administration, teachers directly responsible for
the said students and parents or guardians of students who are or have been
victims of acts of bullying or retaliation.

All elementary and secondary schools shall provide students and their parents or
guardians a copy of the anti-bullying policies being adopted by the school. Such
policies shall likewise be included in the school’s student and/or employee
handbook and shall be conspicuously posted on the school walls and website, if
there is any.

The Department of Education (DepED) shall include in its training programs,

courses or activities which shall provide opportunities for school administrators,
teachers and other employees to develop their knowledge and skills in preventing
or responding to any bullying act.

Section 4. Mechanisms to Address Bullying. – The school principal or any person

who holds a comparable role shall be responsible for the implementation and
oversight of policies intended to address bullying.

Any member of the school administration, student, parent or volunteer shall

immediately report any instance of bullying or act of retaliation witnessed, or that
has come to one’s attention, to the school principal or school officer or person so
designated by the principal to handle such issues, or both. Upon receipt of such a
report, the school principal or the designated school officer or person shall
promptly investigate. If it is determined that bullying or retaliation has occurred, the
school principal or the designated school officer or person shall:

(a) Notify the law enforcement agency if the school principal or designee
believes that criminal charges under the Revised Penal Code may be
pursued against the perpetrator;

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim regarding the action taken to
prevent any further acts of bullying or retaliation.

If an incident of bullying or retaliation involves students from more than one school,
the school first informed of the bullying or retaliation shall promptly notify the
appropriate administrator of the other school so that both may take appropriate
action.

Section 5. Reporting Requirement. – All schools shall inform their respective

schools division superintendents in writing about the anti-bullying policies
formulated within six (6) months from the effectivity of this Act. Such notification
shall likewise be an administrative requirement prior to the operation of new
schools.

Beginning with the school year after the effectivity of this Act, and every first week
of the start of the school year thereafter, schools shall submit a report to their
respective schools division superintendents all relevant information and statistics
on acts of bullying or retaliation. The schools division superintendents shall
compile these data and report the same to the Secretary of the DepED who shall
likewise formally transmit a comprehensive report to the Committee on Basic
Education of both the House of Representatives and the Senate.

Section 6. Sanction for Noncompliance. – In the rules and regulations to be

implemented pursuant to this Act, the Secretary of the DepED shall prescribe the
appropriate administrative sanctions on school administrators who shall fail to
comply with the requirements under this Act. In addition thereto, erring private
schools shall likewise suffer the penalty of suspension of their permits to
operate.1âwphi1

Section 7. Implementing Rules and Regulations. – Within ninety (90) days from
the effectivity of this Act, the DepED shall promulgate the necessary rules and
regulations to implement the provisions of this Act.

Section 8. Separability Clause. – If, for any reason, any provision of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof
which are not affected thereby shall continue to be in full force or effect.

Section 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or
parts thereof which are inconsistent with or contrary to the provisions of this Act
are hereby repealed, amended or modified accordingly.

Section 10. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.
 Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fourteenth Congress
Third Regular Session

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

Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO

VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER
PURPOSES

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

Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video
Voyeurism Act of 2009".

Section 2. Declaration of Policy. - The State values the dignity and privacy of
every human person and guarantees full respect for human rights. Toward this
end, the State shall penalize acts that would destroy the honor, dignity and integrity
of a person.

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

(a) "Broadcast" means to make public, by any means, a visual image with the
intent that it be viewed by a person or persons.

(b) "Capture" with respect to an image, means to videotape, photograph, film,

record by any means, or broadcast.

(c) "Female breast" means any portion of the female breast.

(d) "Photo or video voyeurism" means the act of taking photo or video
coverage of a person or group of persons performing sexual act or any similar
activity or of capturing an image of the private area of a person or persons
without the latter's consent, under circumstances in which such person/s
has/have a reasonable expectation of privacy, or the act of selling, copying,
reproducing, broadcasting, sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device without the
written consent of the person/s involved, notwithstanding that consent to
record or take photo or video coverage of same was given by such person's.

(e) "Private area of a person" means the naked or undergarment clad

genitals, public area, buttocks or female breast of an individual.
 (f) "Under circumstances in which a person has a reasonable expectation of
privacy" means believe that he/she could disrobe in privacy, without being
concerned that an image or a private area of the person was being captured;
or circumstances in which a reasonable person would believe that a private
area of the person would not be visible to the public, regardless of whether
that person is in a public or private place.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any
person:

(a) To take photo or video coverage of a person or group of persons

performing sexual act or any similar activity or to capture an image of the
private area of a person/s such as the naked or undergarment clad genitals,
public area, buttocks or female breast without the consent of the person/s
involved and under circumstances in which the person/s has/have a
reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo

or video or recording of sexual act or any similar activity with or without
consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video

or recording of sexual act, whether it be the original copy or reproduction
thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether

in print or broadcast media, or show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that
consent to record or take photo or video coverage of the same was given by such
person/s. Any person who violates this provision shall be liable for photo or video
voyeurism as defined herein.

Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years
but not more than seven (7) years and a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than Five hundred thousand pesos
(P500,000.00), or both, at the discretion of the court shall be imposed upon any
person found guilty of violating Section 4 of this Act.

If the violator is a juridical person, its license or franchise shall be automatically be

deemed revoked and the persons liable shall be the officers thereof including the
editor and reporter in the case of print media, and the station manager, editor and
broadcaster in the case of a broadcast media.

If the offender is a public officer or employee, or a professional, he/she shall be

administratively liable.

If the offender is an alien, he/she shall be subject to deportation proceedings after

serving his/her sentence and payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is authorized by a written order
of the court, to use the record or any copy thereof as evidence in any civil, criminal
investigation or trial of the crime of photo or video voyeurism: Provided, That such
written order shall only be issued or granted upon written application and the
examination under oath or affirmation of the applicant and the witnesses he/she
may produce, and upon showing that there are reasonable grounds to believe that
photo or video voyeurism has been committed or is about to be committed, and
that the evidence to be obtained is essential to the conviction of any person for, or
to the solution or prevention of such, crime.

Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy

thereof, obtained or secured by any person in violation of the preceding sections
shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.1avvphi1

Section 8. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remaining provisions not affected thereby shall remain valid
and subsisting.

Section 9. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction , administrative order, rule or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two(2) newspapers of general
circulation.
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Eighth Congress

Republic Act No. 7080 July 12, 1991

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

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

Congress assembled::

Section 1. Definition of Terms - As used in this Act, the term -

a) Public Officer means any person holding any public office in the Government
of the Republic of the Philippines by virtue of an appointment, election or
contract.

b) Government includes the National Government, and any of its subdivisions,

agencies or instrumentalities, including government-owned or -controlled
corporations and their subsidiaries.

c) Person includes any natural or juridical person, unless the context indicates
otherwise.

d) Ill-gotten wealth means any asset, property, business enterprise or material

possession of any person within the purview of Section Two (2) hereof, acquired
by him directly or indirectly through dummies, nominees, agents, subordinates
and/or business associates by any combination or series of the following means
or similar schemes:

1) Through misappropriation, conversion, misuse, or malversation of public

funds or raids on the public treasury;

2) By receiving, directly or indirectly, any commission, gift, share, percentage,

kickbacks or any other form of pecuniary benefit from any person and/or entity
in connection with any government contract or project or by reason of the
office or position of the public officer concerned;

3) By the illegal or fraudulent conveyance or disposition of assets belonging

to the National Government or any of its subdivisions, agencies or
instrumentalities or government-owned or -controlled corporations and their
subsidiaries;

4) By obtaining, receiving or accepting directly or indirectly any shares of

stock, equity or any other form of interest or participation including promise of
future employment in any business enterprise or undertaking;

5) By establishing agricultural, industrial or commercial monopolies or other

combinations and/or implementation of decrees and orders intended to
benefit particular persons or special interests; or
 6) By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.

See Section 2 As amended by Section 12 of RA No.7659

Section 2. Definition of the Crime of Plunder; Penalties - Any public officer
who, by himself or in connivance with members of his family, relatives by affinity
or consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt
or criminal acts as described in Section 1(d) hereof, in the aggregate amount or
total value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty
of the crime of plunder and shall be punished by life imprisonment with perpetual
absolute disqualification from holding any public office. Any person who
participated with said public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances shall be considered by the
court. The court shall declare any and all ill-gotten wealth and their interests and
other incomes and assets including the properties and shares of stock derived from
the deposit or investment thereof forfeited in favor of the State.

Section 3. Competent Court - Until otherwise provided by law, all prosecutions

under this Act shall be within the original jurisdiction of the Sandiganbayan.

Section 4. Rule of Evidence - For purposes of establishing the crime of plunder,

it shall not be necessary to prove each and every criminal act done by the accused
in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-
gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the overall unlawful scheme or conspiracy.

Section 5. Suspension and Loss of Benefits - Any public officer against whom
any criminal prosecution under a valid information under this Act in whatever stage
of execution and mode of participation, is pending in court, shall be suspended
from office. Should he be convicted by final judgment, he shall lose all retirement
or gratuity benefits under any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and other benefits which he failed to receive
during suspension, unless in the meantime, administrative proceedings have been
filed against him.

Section 6. Prescription of Crimes - The crime punishable under this Act shall
prescribe in twenty (20) years. However, the right of the State to recover properties
unlawfully acquired by public officers from them or from their nominees or
transferees shall not be barred by prescription, laches, or estoppel.

Section 7. Separability of Provisions - If any provisions of this Act or the

application thereof to any person or circumstance is held invalid, the remaining
provisions of this Act and the application of such provisions to other persons or
circumstances shall not be affected thereby.
Section 8. Scope - This Act shall not apply to or affect pending prosecutions or
proceedings, or those which may be instituted under Executive Order No. 1, issued
and promulgated on February 28, 1986.

Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette and in a newspaper of general circulation.

Approved: July 12, 1991

 Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session

Republic Act No. 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING

PENALTIES THEREFOR AND FOR OTHER PURPOSES

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-Child Pornography
Act of 2009."

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth
in nation building and shall promote and protect their physical, moral, spiritual,
intellectual, emotional, psychological and social well-being. Towards this end, the
State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect,
cruelty and other conditions prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and abuse including, but not
limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in

pornography through whatever means; and

(c) Comply with international treaties to which the Philippines is a signatory or a

State party concerning the rights of children which include, but not limited to, the
Convention on the Rights of the Child, the Optional Protocol to the Convention
on the Rights of the Child of the Child on the Sale of Children, Child Prostitution
and Child Pornography, the International Labor Organization (ILO) Convention
No.182 on the Elimination of the Worst Forms of Child Labor and the Convention
Against Transnational Organized Crime.

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

(d) "Internet address" refers to a website, bulletin board service, internet chat
room or news group, or any other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to

offer services to the public for the use of its computer/s or computer system for
the purpose of accessing the internet, computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host
internet content in the Philippines.

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or
proposes to supply, an internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the
offender believes to be a child for sexual activity or sexual relationship by
communicating any form of child pornography. It includes online enticement or
enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system,

with a child or someone who the offender believes to be a child for the purpose
of facilitating the commission of sexual activity or production of any form of child
pornography.(2) Bestiality;
 (j) "Pandering" refers to the act of offering, advertising, promoting, representing
or distributing through any means any material or purported material that is
intended to cause another to believe that the material or purported material
contains any form of child pornography, regardless of the actual content of the
material or purported material.

(k) "Person" refers to any natural or juridical entity.

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 6. Who May File a Complaint. - Complaints on cases of any form of child
pornography and other offenses punishable under this Act may be filed by the
following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and

Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i) At least three (3) concerned responsible citizens residing in the place where
the violation occurred; or

(j) Any person who has personal knowledge of the circumstances of the
commission of any offense under this Act.

Section 7. Appointment of Special Prosecutors. - The Department of Justice

(DOJ) shall appoint or designate special prosecutors to prosecute cases for the
violation of this Act.

Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall
be vested in the Family Court which has territorial jurisdiction over the place where
the offense or any of its essential elements was committed pursuant to Republic
Act No. 8369, otherwise known as "Family Courts Act of 1997".

Section 9. Duties of an Internet Service Provider (ISP). - All internet service

providers (ISPs) shall notify the Philippine National Police (PNP) or the National
Bureau of Investigation (NBI) within seven (7) days from obtaining facts and
circumstances that any form of child pornography is being committed using its
server or facility. Nothing in this section may be construed to require an ISP to
engage in the monitoring of any user, subscriber or customer, or the content of any
communication of any such person: Provided, That no ISP shall be held civilly
liable for damages on account of any notice given in good faith in compliance with
this section.

Furthermore, an ISP shall preserve such evidence for purpose of investigation and
prosecution by relevant authorities.

An ISP shall, upon the request of proper authorities, furnish the particulars of users
who gained or attempted to gain access to an internet address which contains any
form of child pornography.
All ISPs shall install available technology, program or software to ensure that
access to or transmittal of any form of child pornography will be blocked or filtered.

An ISP who shall knowingly, willfully and intentionally violate this provision shall be
subject to the penalty provided under Section 15(k) of this Act.

The National Telecommunications Commission (NTC) shall promulgate within

ninety (90) days from the effectivity of this Act the necessary rules and regulations
for the implementation of this provision which shall include, among others, the
installation of filtering software that will block access to or transmission of any form
of the child pornography.

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of

Other Business Establishments. - All mall owners/operators and owners or lessors
of other business establishments shall notify the PNP or the NBI within seven (7)
days from obtaining facts and circumstances that child pornography is being
committed in their premises. Provided, That public display of any form of child
pornography within their premises is a conclusive presumption of the knowledge
of the mall owners/operators and owners or lessors of other business
establishments of the violation of this Act: Provided, further, That a disputable
presumption of knowledge by mall owners/operators and owners or lessors of
other business establishments should know or reasonably know that a violation of
this Act is being committed in their premises.

Photo developers, information technology professionals, credit card companies

and banks and any person who has direct knowledge of any form of child
pornography activities shall have the duty to report any suspected child
pornography materials or transactions to the proper authorities within seven (7)
days from discovery thereof.

Any willful and intentional violation of this provision shall be subject to the penalty
provided under Section 15(l) of this Act.

Section 11. Duties of an Internet Content Host. - An internet content host shall:

(a) Not host any form of child pornography on its internet address;

(b) Within seven (7) days, report the presence of any form of child pornography,
as well as the particulars of the person maintaining, hosting, distributing or in
any manner contributing to such internet address, to the proper authorities; and

(c) Preserve such evidence for purposes of investigation and prosecution by

relevant authorities.

An internet content host shall, upon the request of proper authorities, furnish the
particulars of users who gained or attempted to gain access to an internet address
that contains any form of child pornography.

An internet content host who shall knowingly, willfully and intentionally violate this
provision shall be subject to the penalty provided under Section 15(j) of this Act:
Provided, That the failure of the internet content host to remove any form of child
pornography within forty-eight (48) hours from receiving the notice that any form
of child pornography is hitting its server shall be conclusive evidence of willful and
intentional violation thereof.

Section 12. Authority to Regulate Internet Café or Kiosk. - The local government
unit (LGU) of the city or municipality where an internet café or kiosk is located shall
have the authority to monitor and regulate the establishment and operation of the
same or similar establishments in order to prevent violation of the provisions of this
Act.

Section 13. Confidentiality. - The right to privacy of the child shall be ensured at
any stage of the investigation, prosecution and trial of an offense under this Act.
Towards this end, the following rules shall be observed:

(a) The judge, prosecutor or any officer of the law to whom the complaint has
been referred to may, whenever necessary to ensure a fair and impartial
proceeding and after considering all circumstances for the best interest of the
child conduct a closed-door investigation, prosecution or trial;

(b) The name and personal circumstances of the child, including the child's
immediate family, or any other information tending to establish his/her identity
shall not be disclosed to the public;

(c) Any record regarding a child shall be confidential and kept under seal. Except
upon written request and order of the court, a record shall be released only to
the following:

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem;

(5) Agents of investigating law enforcement agencies and

(6) Other persons as determined by the court.

(d) Any form of child pornography that is part of the court records shall be subject
to a protective order that provides as follows:

(1) Any form of child pornography may be viewed only by the parties, their
counsel, their expert witness and guardian ad litem;

(2) Neither form of child pornography nor any portion thereof shall be divulged
to any other person, except as necessary for investigation, prosecution or
trial; and

(3) No person shall be granted access to any form of child pornography or

any part thereof unless he/she signs a written affirmation that he/she has
received and read a copy of the protection order; that he/she submits to the
 jurisdiction of the court with respect to the protective order; and that, in case
of violation thereof, he/she will be subject to the contempt power of the court;
and

(e) 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 the tri-
media facilities or information technology to publish or broadcast the names of
the victims of any case of child pornography.

Any violation of this provision shall be subject to the penalty provided for under
Section 15(m) of this Act.

Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall
ensure that the child who is a victim of any form of child pornography is provided
appropriate care, custody and support for their recovery and reintegration in
accordance with existing laws.

The child and his family shall be entitled to protection as well as to the rights and
benefits of witnesses under Republic Act No. 6981, otherwise known as "The
Witness Protection, Security and Benefit Act".

The child shall also be considered as a victim of a violent crime defined under
Section 3(d) of Republic Act No. 7309, otherwise known as "An Act Creating a
Board of Claims under the Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes",
so that the child may claim compensation therein.

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);

(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall
suffer the penalty of reclusion temporal in its maximum period and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Two million
(Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall
suffer the penalty of reclusion temporal in its medium period and a fine of not
less than Seven hundred fifty thousand pesos (Php750,000.00) but not more
than One million pesos (Php1,000,000.00);

(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the
penalty of reclusion temporal in its minimum period and a fine of not less than
Five hundred thousand pesos (Php500,000.00) but not more than Seven
hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the
penalty of prision mayor in its maximum period and a fine of not less than Three
hundred thousand pesos (Php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);

(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the
penalty of prision mayor in its minimum period and a fine of not less than Three
hundred thousand pesos (php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);

(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the
penalty of prision correccional in its maximum period and a fine of not less than
Two hundred thousand pesos (Php200,000.00) but not more than Three
hundred thousand pesos (Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the
penalty of prision correccionalin its medium period and a fine of not less than
One hundred thousand pesos (php100,000.00) but not more than Two hundred
fifty thousand pesos (php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the
penalty of arresto mayor in its minimum period and a fine of not less than Fifty
thousand pesos (Php50,000.00) but not more than One hundred thousand
pesos (Php100,000.00);

(j) Any person found guilty of violating Section 11 of this Act shall suffer the
penalty of prision correccional in its medium period and a fine of not less than
One million pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) for the first offense. In the case of a subsequent offense, the
penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but
not more than Three million pesos (Php3,000,000.00) and revocation of its
license to operate and immediate closure of the establishment;

(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice
and installation requirements under Section 9 of this Act shall suffer the penalty
of a fine of not less than Five hundred thousand pesos (Php500,000.00) but not
more than One million pesos (Php1,000,000.00) for the first offense. In case of
subsequent offense, the penalty shall be a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) and revocation of its license to operate;

(l) Any mall owner-operator and owner or lessor of other business

establishments including photo developers, information technology
professionals, credit card companies and banks, found guilty of willfully and
knowingly failing to comply with the notice requirements under Section 10 of this
Act shall suffer the penalty of a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for
the first offense. In the case of a subsequent offense, the penalty shall be a fine
of not less than Two million pesos (Php2,000,000.00) but not more than Three
 million pesos (Php3,000,000.00) and revocation of its license to operate and
immediate closure of the establishment; and

(m) Any person found guilty of violating Section 13 of this Act shall suffer the
penalty of arresto mayor in its minimum period and a fine of not less than One
hundred thousand pesos (Php100,000.00) but not more than Three hundred
thousand pesos (Php300,000.00).

Section 16. Common Penal Provisions. -

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral

relative within the third degree of consanguinity or affinity or any person having
control or moral ascendancy over the child, the penalty provided herein shall be
in its maximum duration; Provided, That this provision shall not apply to Section
4(g) of this Act;

(b) If the offender is a juridical person, the penalty shall be imposed upon the
owner, manager, partner, member of the board of directors and/or any
responsible officer who participated in the commission of the crime or shall have
knowingly permitted or failed to prevent its commissions;

(c) If the offender is a foreigner, he/she shall be immediately deported after the
complete service of his/her sentence and shall forever be barred from entering
the country; and

(d) The penalty provided for in this Act shall be imposed in its maximum duration
if the offender is a public officer or employee.

Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments
Used in Child Pornography. - In addition to the penalty imposed for the violation of
this Act, the court shall order the confiscation and forfeiture in favor of the
government of all the proceeds, tools and instruments used in the commission of
the crime, unless they are the property of a third person not liable for the unlawful
act; Provided, however, That all awards for damages shall be taken from the
personal and separate properties of the offender; Provided, further, That if such
properties are insufficient, the deficiency shall be taken from the confiscated and
forfeited proceeds, tools and instruments.

All proceeds derived from the sale of properties used for the commission of any
form of child pornography shall accrue to the special account of the DSWD which
shall be used exclusively for the implementation of this Act.

When the proceeds, tools and instruments used in the commission of the offense
have been destroyed diminished in value or otherwise rendered worthless by any
act or omission, directly or indirectly, of the offender, or it has been concealed,
removed, converted or transferred to prevent the same from being found or to
avoid forfeiture or confiscation, the offender shall be ordered to pay the amount
equal to the value of the proceeds, tools and instruments used in the commission
of the offense.1avvphi1
Section 18. Mandatory Services to Victims of Child Pornography. - To ensure
recovery, rehabilitation and reintegration into the mainstream of society concerned
government agencies and the LGUs shall make available the following services to
victims of any form of child pornography:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services, which shall include information about the victim's rights
and the procedure for filing of complaints, claims for compensation and such
other legal remedies available to them in a language understood by the child;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance.

Sustained supervision and follow through mechanism that will track the progress
of recovery, rehabilitation and reintegration of the child victims shall adopted and
carried out.

Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council
Against Child Pornography created under Section 20 of this Act shall develop and
implement the necessary programs that will prevent any form of child pornography,
as well as protect, heal and reintegrate the child into the mainstream of society.
Such programs shall include beat but not limited to the following:

(a) Provision of mandatory services including counseling free legal services,

medical or psychological services, livelihood and skills training and educational
assistance to the child pursuant to Section 18 of this Act;

(b) Sponsorship of a national research program on any form of child

pornography and other acts covered by the law and the establishment of a data
collection system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate

government agencies and nongovernmental organizations:

(d) Sponsorship of conferences and seminars to provide venue for consensus

building amongst the public, the academe , government, nongovernmental and
international organizations and

(e) Promotion of information and education campaign.

Section 20. Inter - Agency Council against Child Pornography. - There is hereby
established an Inter-Agency Council against Child Pornography to be composed
of the Secretary of the DSWD as chairperson and the following as members:

(a) Secretary of the Department of Justice:

 (b) Secretary of the Department of Labor and Employment

(c) Secretary of the Department of Science and Technology

(d) Chief of the Philippine National Police;

(e) Chairperson of the Commission on Information and Communications

Technology;

(g) Commissioner of the National Telecommunications Commission;

(h) Executive Director of the Council for the Welfare of Children;

(i) Executive Director of the Philippine Center for Transnational Crimes;

(j) Executive Director of the Optical Media Board;

(k) Director of the National Bureau of Investigation; and

(l) Three (3) representatives from children's nongovernmental organizations.

These representatives shall be nominated by the government agency
representatives of the Council for appointment by the President for a term of
three (3) years and may be renewed upon renomination and reappointment by
the Council and the President respectively.

The members of the Council mat designate their permanent representatives, who
shall have a rank not lower than assistant secretary or its equivalent, to meetings
and shall receive emoluments as may be determined by the Council in accordance
with existing budget and accounting rules and regulations.

The DSWD shall establish the necessary Secretariat for the Council.

Section 21. Functions of the Council. - The Council shall have the following
powers and functions:

(a) Formulate comprehensive and integrated plans and programs to prevent and
suppress any form of child pornography;

(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various members agencies
effectively address the issues and problems attendant to child pornography;

(e) Conduct and coordinate massive information disseminations and campaign

on the existence of the law and the various issues and problems attendant to
child pornography;

(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on the action taken;
 (g) Assist in the filling of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of victims of child pornography;

(i) Secure from any department, bureau, office, agency or instrumentality of the
government or from NGOs and other civic organizations such assistance as may
be needed to effectively implement this Act;

(j) Complement the shared government information system relative to child

abuse and exploitation and ensure that the proper agencies conduct a
continuing research and study on the patterns and schemes of any form of child
pornography which form basis for policy formulation and program direction;

(k) develop the mechanism to ensure the timely, coordinated and effective
response to cases of child pornography;

(l) Recommend measures to enhance cooperative efforts and mutual assistance

among foreign countries through bilateral and/or multilateral arrangements to
prevent and suppress any form of child pornography;

(m) Adopt measures and policies to protect the rights and needs of the victims
of child pornography who are foreign nationals in the Philippines;

(n) maintain a database of cases of child pornography;

(o) Initiate training programs in identifying and providing the necessary

intervention or assistance to victims of child pornography.

(p) Submit to the President and the Congressional Oversight committee credited
herein the annual report on the policies, plans, programs and activities of the
Council relative to the implementation of this Act; and

(q) Exercise all the powers and perform such other functions necessary to attain
the purposes and objectives of this Act.

Section 22. Child Pornography as a Transnational Crime. - Pursuant to the

Convention on transnational Organized Crime, the DOJ may execute the request
of a foreign state for assistance in the investigation or prosecution of any form of
child pornography by: (1) conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary charges in court; (2) giving
information needed by the foreign state; and (3) to apply for an order of forfeiture
of any proceeds or monetary instrument or properly located in the Philippines used
in connection with child pornography in the court; Provided, That if the DOJ refuses
to act on the request of for delaying the execution thereof: Provided, further, That
the principles of mutuality and reciprocity shall, for this purpose, be at all times
recognized.

Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign
Affairs (DFA), shall endeavor to include child pornography among extraditable
offenses in future treaties.
Section 24. Congressional Oversight Committee. -There is hereby created a
Congressional Oversight Committee composed of five (5) members from the
Senate and five (5) members from the House of Representatives. The members
from the Senate shall be appointed by the Senate President based on proportional
representation of the parties or coalition therein with at least one (1) member
representing the Minority. The members from the House of Representative shall
be appointed by the Speaker, also based on proportional representation of the
parties or coalitions therein with the Chair of the House of Committee on Welfare
of Children and at least one (1) member representing the Minority

The Committee shall be headed by the respective Chairs of the Senate Committee
on Youth, Women and Family relations and the House of Representatives
Committee on Justice. The Secretariat of the Congressional Oversight Committee
shall come from the existing Secretariat personnel of the Committees of the Senate
and the House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act,
determine inherent weakness and loopholes in the law. Recommend the
necessary remedial legislator or administrative measures and perform such other
duties and functions as may be necessary to attain the objectives of this Act.

Section 25. Appropriations. - The amount necessary to implement the provisions

of the Anti-Child Pornography Act and the operationalization of the Inter-Agency
Council Against Child Pornography shall be included in the annual General
Appropriations Act.

Section 26. Implementing Rules and Regulations. - The Inter- Agency Council
Against Child pornography shall promulgate the necessary implementing rules and
regulations within ninety (90) days from the effectivity of this Act.

Section 27. Suppletory Application of the Revised Penal Code. - The Revised
penal Code shall be suppletorily applicable to this Act.

Section 28. Separability Clause. - If any part of this Act is declared

unconstitutional or invalid, the other provisions not affected thereby shall continue
to be in full force and effect.

Section 29. Repealing Clause. - All laws, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified or repealed accordingly.

Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation.
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two
thousand two

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

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

in Congress assembled:

Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act
of 2003".

Section 2. Declaration of Policy. – It is hereby declared that the State values the
dignity of every human person and guarantees the respect of individual rights. In
pursuit of this policy, the State shall give highest priority to the enactment of
measures and development of programs that will promote human dignity, protect
the people from any threat of violence and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary migration and servitude of persons,
not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity
of women and men as enshrined in the United Nations Universal Declaration on
Human Rights, United Nations Convention on the Rights of the Child, United
Nations Convention on the Protection of Migrant Workers and their Families.
United Nations Convention Against Transnational Organized Crime Including its
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children and all other relevant and universally accepted human rights
instruments and other international conventions to which the Philippines is a
signatory.

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 5. Acts that Promote Trafficking in Persons. - The following acts which
promote or facilitate trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house,

building or establishment for the purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake

counseling certificates, registration stickers and certificates of any
government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for
the purpose of promoting trafficking in persons;
 (c) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in
persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of

facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration
and services for departing persons for the purpose of promoting trafficking in
persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the
country at international and local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or fraudulent travel documents
for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or

personal documents or belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the country or seeking redress from
the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor
or services of a person held to a condition of involuntary servitude, forced
labor, or slavery.

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.

Section 8. Prosecution of Cases. - Any person who has personal knowledge of

the commission of any offense under this Act, the trafficked person, the parents,
spouse, siblings, children or legal guardian may file a complaint for trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed
where the offense was committed, or where any of its elements occurred, or where
the trafficked person actually resides at the time of the commission of the
offense: Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.

Section 10. Penalties and Sanctions. - The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in
Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a
fine of not less than One million pesos (P1,000,000.00) but not more than
Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer
the penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
 (d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club,

establishment or any juridical person, the penalty shall be imposed upon the
owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and
license to operate of the erring agency, corporation, association, religious
group, tour or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently. The owner,
president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after

serving his sentence and be barred permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or

approve the issuance of travel exit clearances, passports, registration
certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided for by laws, rules and
regulations, shall be held administratively liable, without prejudice to criminal
liability under this Act. The concerned government official or employee shall,
upon conviction, be dismissed from the service and be barred permanently to
hold public office. His/her retirement and other benefits shall likewise be
forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act
shall result in the immediate rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the
services of trafficked persons for prostitution shall be penalized as follows:

(a) First offense - six (6) months of community service as may be determined
by the court and a fine of Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a
fine of One hundred thousand pesos (P100,000.00).

Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe
in ten (10) years: Provided, however, That trafficking cases committed by a
syndicate or in a large scale as defined under Section 6 shall prescribe in twenty
(20) years.
The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and shall be
interrupted by the filing of the complaint or information and shall commence to run
again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the accused.

Section 13. Exemption from Filing Fees. - When the trafficked person institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt from
the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived
from Trafficking in Persons. - In addition to the penalty imposed for the violation of
this Act, the court shall order the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the commission of the
crime, unless they are the property of a third person not liable for the unlawful
act; Provided, however, That all awards for damages shall be taken from the
personal and separate properties of the offender; Provided, further, That if such
properties are insufficient, the balance shall be taken from the confiscated and
forfeited properties.

When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act or
omission, directly or indirectly, of the offender, or it has been concealed, removed,
converted or transferred to prevent the same from being found or to avoid forfeiture
or confiscation, the offender shall be ordered to pay the amount equal to the value
of the proceeds, property or instruments of the offense.

Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and
properties forfeited and confiscated pursuant to Section 14 hereof shall accrue to
a Trust Fund to be administered and managed by the Council to be used
exclusively for programs that will prevent acts of trafficking and protect,
rehabilitate, reintegrate trafficked persons into the mainstream of society. Such
programs shall include, but not limited to, the following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and

establishment of a data collection system for monitoring and evaluation
purposes;

(c) Provision of necessary technical and material support services to

appropriate government agencies and non-government organizations
(NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus

building amongst the public, the academe, government, NGOs and
international organizations; and

(e) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. - The government shall
establish and implement preventive, protective and rehabilitative programs for
trafficked persons. For this purpose, the following agencies are hereby mandated
to implement the following programs;

(a) Department of Foreign Affairs (DFA) - shall make available its resources
and facilities overseas for trafficked persons regardless of their manner of
entry to the receiving country, and explore means to further enhance its
assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of
the Machine Readable Passports to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure

counseling program on intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall

implement rehabilitative and protective programs for trafficked persons. It
shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
labor recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of persons

accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a mechanism
for free legal assistance for trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer
groups.

(e) National Commission on the Role of Filipino Women (NCRFW) - shall

actively participate and coordinate in the formulation and monitoring of
policies addressing the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate for the inclusion of
the issue of trafficking in persons in both its local and international advocacy
for women's issues.

(f) Bureau of Immigration (BI) - shall strictly administer and enforce

immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées and
 spouses of foreign nationals with the guidance and counseling requirement
as provided for in this Act.

(g) Philippine National Police (PNP) - shall be the primary law enforcement
agency to undertake surveillance, investigation and arrest of individuals or
persons suspected to be engaged in trafficking. It shall closely coordinate with
various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also establish
a system to receive complaints and calls to assist trafficked persons and
conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall

implement an effective pre-employment orientation seminars and pre-
departure counseling programs to applicants for overseas employment. It
shall likewise formulate a system of providing free legal assistance to
trafficked persons.

(i) Department of the Interior and Local Government (DILG) - shall institute a
systematic information and prevention campaign and likewise maintain a
databank for the effective monitoring, documentation and prosecution of
cases on trafficking in persons.

(j) Local government units (LGUs) - shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in municipalities or
provinces in coordination with DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and other concerned
agencies. They shall encourage and support community based initiatives
which address the trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people's organizations (Pos), civic organizations and
other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be

recognized as victims of the act or acts of trafficking and as such shall not be
penalized for crimes directly related to the acts of trafficking enumerated in this Act
or in obedience to the order made by the trafficker in relation thereto. In this regard,
the consent of a trafficked person to the intended exploitation set forth in this Act
shall be irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any
provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection program provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the
guidelines issued by the Council, trafficked persons in the Philippines who are
nationals of a foreign country shall also be entitled to appropriate protection,
assistance and services available to trafficked persons under this Act: Provided,
That they shall be permitted continued presence in the Philippines for a length of
time prescribed by the Council as necessary to effect the prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. - There is hereby

established an Inter-Agency Council Against Trafficking, to be composed of the
Secretary of the Department of Justice as Chairperson and the Secretary of the
Department of Social Welfare and Development as Co-Chairperson and shall have
the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas
Filipino workers (OFWs) and children, with a proven record of involvement in
the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a term of
three (3) years.

The members of the Council may designate their permanent representatives

who shall have a rank not lower than an assistant secretary or its equivalent
to meetings, and shall receive emoluments as may be determined by the
Council in accordance with existing budget and accounting, rules and
regulations.

Section 21. Functions of the Council. - The Council shall have the following
powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and

suppress the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in
persons;
 (e) Coordinate the conduct of massive information dissemination and
campaign on the existence of the law and the various issues and problems
attendant to trafficking through the LGUs, concerned agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to

their attention and report to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or

establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in

cooperation with DOLE, DSWD, Technical Education and Skills Development
Authority (TESDA), Commission on Higher Education (CHED), LGUs and
NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of

the government or from NGOs and other civic organizations such assistance
as may be needed to effectively implement this Act;

(j) Complement the shared government information system for migration

established under Republic Act No. 8042, otherwise known as the "Migrant
Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking
in persons, and ensure that the proper agencies conduct a continuing
research and study on the patterns and scheme of trafficking in persons which
shall form the basis for policy formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective
response to cases of trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual

assistance among foreign countries through bilateral and/or multilateral
arrangements to prevent and suppress international trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications

(DOTC), Department of Trade and Industry (DTI), and other NGOs in
monitoring the promotion of advertisement of trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the Philippines;

(o) Initiate training programs in identifying and providing the necessary

intervention or assistance to trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to
attain the purposes and objectives of this Act.

Section 22. Secretariat to the Council. - The Department of Justice shall establish
the necessary Secretariat for the Council.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,

rehabilitation and reintegration into the mainstream of society, concerned
government agencies shall make available the following services to trafficked
persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims' rights
and the procedure for filing complaints, claiming compensation and such
other legal remedies available to them, in a language understood by the
trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress
of recovery, rehabilitation and reintegration of the trafficked persons shall be
adopted and carried out.

Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. - Trafficked persons shall be considered under the

category "Overseas Filipino in Distress" and may avail of the legal assistance
created by Republic Act No. 8042, subject to the guidelines as provided by
law.

(b) Overseas Filipino Resource Centers. - The services available to overseas

Filipinos as provided for by Republic Act No. 8042 shall also be extended to
trafficked persons regardless of their immigration status in the host country.

(c) The Country Team Approach. - The country team approach under
Executive Order No. 74 of 1993, shall be the operational scheme under which
Philippine embassies abroad shall provide protection to trafficked persons
insofar as the promotion of their welfare, dignity and fundamental rights are
concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with

DOLE and other appropriate agencies, shall have the primary responsibility for the
repatriation of trafficked persons, regardless of whether they are documented or
undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to
greater risks, the DFA shall make representation with the host government for the
extension of appropriate residency permits and protection, as may be legally
permissible in the host country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to
include offenses of trafficking in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President
of the Philippines and to Congress an annual report of the policies, programs and
activities relative to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned
shall immediately include in their programs and issue such rules and regulations
to implement the provisions of this Act, the funding of which shall be included in
the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate
the necessary implementing rules and regulations within sixty (60) days from the
effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion

and the Right to Travel. - Nothing in this Act shall be interpreted as a restriction of
the freedom of speech and of association, religion and the right to travel for
purposes not contrary to law as guaranteed by the Constitution.

Section 31. Separability Clause. - If, for any reason, any section or provision of
this Act is held unconstitutional or invalid, the other sections or provisions hereof
shall not be affected thereby.

Section 32. Repealing clause. - All laws, presidential decrees, executive orders
and rules and regulations, or parts thereof, inconsistent with the provisions of this
Act are hereby repealed or modified accordingly: Provided, That this Act shall not
in any way amend or repeal the provision of Republic Act No. 7610, otherwise
known as the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date
of its complete publication in at least two (2) newspapers of general circulation.
REPUBLIC ACT No. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER

RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR
OTHER PURPOSES.

Section 1. It shall be unlawful for any person, not being authorized by all the
parties to any private communication or spoken word, to tap any wire or cable, or
by using any other device or arrangement, to secretly overhear, intercept, or record
such communication or spoken word by using a device commonly known as a
dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or
however otherwise described:

It shall also be unlawful for any person, be he a participant or not in the act or acts
penalized in the next preceding sentence, to knowingly possess any tape record,
wire record, disc record, or any other such record, or copies thereof, of any
communication or spoken word secured either before or after the effective date of
this Act in the manner prohibited by this law; or to replay the same for any other
person or persons; or to communicate the contents thereof, either verbally or in
writing, or to furnish transcriptions thereof, whether complete or partial, to any other
person: Provided, That the use of such record or any copies thereof as evidence
in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof,
shall not be covered by this prohibition.

Section 2. Any person who willfully or knowingly does or who shall aid, permit, or
cause to be done any of the acts declared to be unlawful in the preceding section
or who violates the provisions of the following section or of any order issued
thereunder, or aids, permits, or causes such violation shall, upon conviction
thereof, be punished by imprisonment for not less than six months or more than
six years and with the accessory penalty of perpetual absolute disqualification from
public office if the offender be a public official at the time of the commission of the
offense, and, if the offender is an alien he shall be subject to deportation
proceedings.

Section 3. Nothing contained in this Act, however, shall render it unlawful or

punishable for any peace officer, who is authorized by a written order of the Court,
to execute any of the acts declared to be unlawful in the two preceding sections in
cases involving the crimes of treason, espionage, provoking war and disloyalty in
case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition,
inciting to sedition, kidnapping as defined by the Revised Penal Code, and
violations of Commonwealth Act No. 616, punishing espionage and other offenses
against national security: Provided, That such written order shall only be issued or
granted upon written application and the examination under oath or affirmation of
the applicant and the witnesses he may produce and a showing: (1) that there are
reasonable grounds to believe that any of the crimes enumerated hereinabove has
been committed or is being committed or is about to be committed: Provided,
however, That in cases involving the offenses of rebellion, conspiracy and proposal
to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition,
and inciting to sedition, such authority shall be granted only upon prior proof that
a rebellion or acts of sedition, as the case may be, have actually been or are being
committed; (2) that there are reasonable grounds to believe that evidence will be
obtained essential to the conviction of any person for, or to the solution of, or to
the prevention of, any of such crimes; and (3) that there are no other means readily
available for obtaining such evidence.

The order granted or issued shall specify: (1) the identity of the person or persons
whose communications, conversations, discussions, or spoken words are to be
overheard, intercepted, or recorded and, in the case of telegraphic or telephonic
communications, the telegraph line or the telephone number involved and its
location; (2) the identity of the peace officer authorized to overhear, intercept, or
record the communications, conversations, discussions, or spoken words; (3) the
offense or offenses committed or sought to be prevented; and (4) the period of the
authorization. The authorization shall be effective for the period specified in the
order which shall not exceed sixty (60) days from the date of issuance of the order,
unless extended or renewed by the court upon being satisfied that such extension
or renewal is in the public interest.

All recordings made under court authorization shall, within forty-eight hours after
the expiration of the period fixed in the order, be deposited with the court in a
sealed envelope or sealed package, and shall be accompanied by an affidavit of
the peace officer granted such authority stating the number of recordings made,
the dates and times covered by each recording, the number of tapes, discs, or
records included in the deposit, and certifying that no duplicates or copies of the
whole or any part thereof have been made, or if made, that all such duplicates or
copies are included in the envelope or package deposited with the court. The
envelope or package so deposited shall not be opened, or the recordings replayed,
or used in evidence, or their contents revealed, except upon order of the court,
which shall not be granted except upon motion, with due notice and opportunity to
be heard to the person or persons whose conversation or communications have
been recorded.

The court referred to in this section shall be understood to mean the Court of First
Instance within whose territorial jurisdiction the acts for which authority is applied
for are to be executed.

Section 4. Any communication or spoken word, or the existence, contents,

substance, purport, effect, or meaning of the same or any part thereof, or any
information therein contained obtained or secured by any person in violation of the
preceding sections of this Act shall not be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative hearing or investigation.

Section 5. All laws inconsistent with the provisions of this Act are hereby repealed
or accordingly amended.

Section 6. This Act shall take effect upon its approval.

Approved: June 19, 1965

REPUBLIC ACT NO. 8042

Migrant Workers and Overseas Filipinos Act of 1995

An act to institute the policies of overseas employment and establish a higher

standard of protection and promotion of the welfare of migrant workers, their
families and overseas Filipinos in distress, and for other purposes.

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

Congress assembled:

SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant Workers
and Overseas Filipinos Act of 1995."

SEC. 2. DECLARATION OF POLICIES--

(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-
determination paramount in its relations with other states, the State shall, at all
times, uphold the dignity of its citizens whether in country or overseas, in
general, and Filipino migrant workers, in particular.

(b) The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all. Towards this end, the State shall provide adequate and
timely social, economic and legal services to Filipino migrant workers.

(c) While recognizing the significant contribution of Filipino migrant workers to

the national economy through their foreign exchange remittances, the State does
not promote overseas employment as a means to sustain economic growth and
achieve national development. The existence of the overseas employment
program rests solely on the assurance that the dignity and fundamental human
rights and freedoms of the Filipino citizens shall not, at any time, be
compromised or violated. The State, therefore, shall continuously create local
employment opportunities and promote the equitable distribution of wealth and
the benefits of development.

(d) The State affirms the fundamental equality before the law of women and
men and the significant role of women in nation-building. Recognizing the
contribution of overseas migrant women workers and their particular
vulnerabilities, the State shall apply gender sensitive criteria in the formulation
and implementation of policies and programs affecting migrant workers and the
composition of bodies tasked for the welfare of migrant workers.

(e) Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any persons by reason of poverty. In this regard,
it is imperative that an effective mechanism be instituted to ensure that the
rights and interest of distressed overseas Filipinos, in general, and Filipino
migrant workers, in particular, documented or undocumented, are adequately
protected and safeguarded.
 (f) The right of Filipino migrant workers and all overseas Filipinos to participate
in the democratic decision-making processes of the State and to be represented
in institutions relevant to overseas employment is recognized and guaranteed.

(g) The State recognizes that the ultimate protection to all migrant workers is
the possession of skills. Pursuant to this and as soon as practicable, the
government shall deploy and/or allow the deployment only to skilled Filipino
workers.

(h) Non-governmental organizations, duly recognized as legitimate, are partners

of the State in the protection of Filipino migrant workers and in the promotion
of their welfare, the State shall cooperate with them in a spirit of trust and
mutual respect.

(I) Government fees and other administrative costs of recruitment, introduction,

placement and assistance to migrant workers shall be rendered free without
prejudice to the provision of Section 36 hereof.

Nonetheless, the deployment of Filipino overseas workers, whether land-based

or sea-based by local service contractors and manning agencies employing them
shall be encouraged. Appropriate incentives may be extended to them.

SEC. 3. DEFINITIONS. - For purposes of this Act:

(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has

been engaged in a renumerated activity in a state of which he or she is not a
legal resident to be used interchangeably with overseas Filipino worker.

(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities

prevalent in society between women and men and a commitment to address
issues with concern for the respective interests of the sexes.

(c) "Overseas Filipinos" refers to dependents of migrant workers and other

Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26
of this Act.

I. DEPLOYMENT

SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino
workers only in countries where the rights of Filipino migrant workers are
protected. The government recognizes any of the following as guarantee on the
part of the receiving country for the protection and the rights of overseas Filipino
workers:

(a) It has existing labor and social laws protecting the rights of migrant workers;

(b) It is a signatory to multilateral conventions, declaration or resolutions

relating to the protection of migrant workers;

(c) It has concluded a bilateral agreement or arrangement with the government

protecting the rights of overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant
workers.

SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the provisions

of Section 4 hereof, the government, in pursuit of the national interest or when
public welfare so requires, may, at any time, terminate or impose a ban on the
deployment of migrant workers.

II. ILLEGAL RECRUITMENT

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring,
procuring workers and includes referring, contact services, promising or
advertising for employment abroad, whether for profit or not, when undertaken
by a non-license or non-holder of authority contemplated under Article 13(f) of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines. Provided, that such non-license or non-holder, who, in any
manner, offers or promises for a fee employment abroad to two or more persons
shall be deemed so engaged. It shall likewise include the following acts, whether
committed by any persons, whether a non-licensee, non-holder, licensee or
holder of authority.

(a) To charge or accept directly or indirectly any amount greater than the
specified in the schedule of allowable fees prescribed by the Secretary of Labor
and Employment, or to make a worker pay any amount greater than that actually
received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation

to recruitment or employment;

(c) To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority under
the Labor Code;

(d) To induce or attempt to induce a worker already employed to quit his

employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;

(e) To influence or attempt to influence any persons or entity not to employ any
worker who has not applied for employment through his agency;

(f) To engage in the recruitment of placement of workers in jobs harmful to

public health or morality or to dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and

Employment or by his duly authorized representative;

(h) To fail to submit reports on the status of employment, placement vacancies,

remittances of foreign exchange earnings, separations from jobs, departures and
such other matters or information as may be required by the Secretary of Labor
and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from the
time of actual signing thereof by the parties up to and including the period of
the expiration of the same without the approval of the Department of Labor and
Employment;

(j) For an officer or agent of a recruitment or placement agency to become an

officer or member of the Board of any corporation engaged in travel agency or
to be engaged directly on indirectly in the management of a travel agency;

(k) To withhold or deny travel documents from applicant workers before

departure for monetary or financial considerations other than those authorized
under the Labor Code and its implementing rules and regulations;

(l) Failure to actually deploy without valid reasons as determined by the

Department of Labor and Employment; and

(m) Failure to reimburse expenses incurred by the workers in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in large scale shall be considered
as offense involving economic sabotage.

Illegal recruitment is deemed committed by a syndicate 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.

The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.

SEC. 7. PENALTIES -

(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than
twelve (12) years and a fine not less than two hundred thousand pesos
(P200,000.00) nor more than five hundred thousand pesos (P500,000.00).

(b) The penalty of life imprisonment and a fine of not less than five hundred
thousand pesos (P500,000.00) nor more than one million pesos (P1,000,000.00)
shall be imposed if illegal recruitment constitutes economic sabotage as defined
herein.

Provided, however, that the maximum penalty shall be imposed if the person
illegally recruited is less than eighteen (18) years of age or committed by a non-
licensee or non-holder of authority.

SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for

any official or employee of the Department of Labor and Employment, the
Philippine Overseas Employment Administration, or the Overseas Workers
Welfare Administration, or the Department of Foreign Affairs, or other
government agencies involved in the implementation of this Act, or their
relatives within the fourth civil degree of consanguinity or affinity, to engage,
directly or indirectly, in the business of recruiting migrant workers as defined in
this Act. The penalties shall be imposed upon them.

SEC. 9. VENUE. - A criminal action arising from illegal recruitment as defined

herein shall be filed with the Regional Trial Court of the province or city where
the offense was committed or where the offended party actually resides at the
same time of the commission of the offense: Provided, That the court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of other
courts. Provided, however, That the aforestated provisions shall also apply to
those criminal actions that have already been filed in court at the time of the
effectivity of this Act.

SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of law to the contrary,
the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have
the priginal and exclusive jurisdiction to hear and decide, within ninety (90)
calendar days after filing of the complaint, the claims arising out of an employer-
employee relationship or by virtue of any law or contract involving Filipino
workers for overseas deployment including claims for actual, moral, exemplary
and other forms of damages.

The liability of the principal/employer and the

recruitment/placement agency for any and all claims under this section shall be
joint and several. This provisions shall be incorporated in the contract for
overseas employment and shall be a condition precedent for its approval. The
performance bond to be filed by the recruitment/placement agency, as provided
by law, shall be answerable for all money claims or damages that may be
awarded to the workers. If the recruitment/placement agency is a juridical
being, the corporate officers and directors and partners as the case may be, shall
themselves be jointly and solidarily liable with the corporation or partnership for
the aforesaid claims and damages.

Such liabilities shall continue during the entire period or duration of

the employment contract and shall not be affected by any substitution,
amendment or modification made locally or in a foreign country of the said
contract.

Any compromise/amicable settlement or voluntary agreement on

money claims inclusive of damages under this section shall be paid within four
(4) months from the approval of the settlement by the appropriate authority.

In case of termination of overseas employment without just, valid or

authorized cause as defined by law or contract, the workers shall be entitled to
the full reimbursement of his placement fee with interest of twelve percent
(12%) per annum, plus his salaries for the unexpired portion of his employment
contract or for three (3) months for every year of the unexpired term, whichever
is less.
 Non-compliance with the mandatory periods for resolutions of cases
provided under this section shall subject the responsible officials to any or all of
the following penalties:

(a) The salary of any such official who fails to render his decision or
resolutions within the prescribed period shall be, or caused to be, withheld until
the said official complies therewith;

(b) Suspension for not more than ninety (90) days; or

(c) Dismissal from the service with disqualifications to hold any

appointive public office for five (5) years.

Provided, however, that the penalties herein provided shall be

without prejudice to any liability which any such official may have incurred under
other existing laws or rules and regulations as a consequence of violating the
provisions of this paragraph.

SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF ILLEGAL

RECRUITMENT CASES. - The preliminary investigations of cases under this Act
shall be terminated within a period of thirty (30) calendar days from the date of
their filing. Where the preliminary investigation is conducted by a prosecution
officer and a prima facie case is established, the corresponding information shall
be filed in court within twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted by a judge and a
prima facie case is found to exist, prosecution officer within forty-eight (48)
hours from the date of receipt of the records of the case.

SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under this

Act shall prescribe in five (5) years: Provided, however, That illegal recruitment
cases involving economic sabotage as defined herein shall prescribe in twenty
(20) years.

SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT UNDER

THE WITNESS PROTECTION PROGRAM. - A mechanism for free legal assistance for
victims of illegal recruitment shall be established within the Department of Labor
and Employment including its regional offices. Such mechanism must include
coordination and cooperation with the Department of Justice, the Integrated Bar
of the Philippines, and other non-governmental organizations and volunteer
groups.

The provisions of Republic Act No. 6981 to the contrary,

notwithstanding, any person who is a victim of illegal recruitment shall be
entitled to the Witness Protection Program provided thereunder.

III. SERVICES

SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give

utmost priority to the establishment of programs and services to prevent illegal
recruitment, fraud, and exploitation or abuse of Filipino migrant workers, all
embassies and consular offices, through the Philippine Overseas Employment
Administration (POEA), shall issue travel advisories or disseminate information
on labor and employment conditions, migration realities and other facts; and
adherence of particular countries to international standards on human and
workers' rights which will adequately prepare individuals into making informed
and intelligent decisions about overseas employment. Such advisory or
information shall be published in a newspaper of general circulation at least
three (3) times in every quarter.

SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION

FUND. - The repatriation of the worker and the transport of his personal
belongings shall be the primary responsibility of the agency which recruited or
deployed the worker overseas. All costs attendant to repatriation shall be borne
by or charged to the agency concerned and/or its principal. Likewise, the
repatriation of remains and transport of the personal belongings of a deceased
worker and all costs attendant thereto shall be borne by the principal and/or
local agency. However, in cases where the termination of employment is due
solely to the fault of the worker, the principal/employer or agency shall not in
any manner be responsible for the repatriation of the former and/or his
belongings.

The Overseas Workers Welfare Administration (OWWA), in

coordination ith appropriate international agencies, shall undertake the
repatriation of workers in cases of war, epidemic, disasters or calamities, natural
or man-made, and other similar events without prejudice to reimbursement by
the responsible principal or agency. However, in cases where the principal or
recruitment agency cannot be identified, all costs attendant to repatriation shall
be borne by the OWWA.

For this purposes, there is hereby created and established an

emergency repatriation fund under the administration control and supervision of
the OWWA, initially to consist of one hundred million pesos (P100,000,000.00),
inclusive of outstanding balances.

SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT

WORKERS. - Upon discovery or being informed of the presence of migrant workers
whose actual ages fall below the minimum age requirement for overseas
deployment, the responsible officers in the foreign service shall without delay
repatriate said workers and advise the Department of Foreign Affairs through the
fastest means of communication availavle of such discovery and other relevant
information.

SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING

CENTER. - A replacement and monitoring center is hereby created in the
Department of Labor and Employment for returning Filipino migrant workers
which shall provide a mechanism for their reintegration into the Philippine
society, serve as a promotion house for their local employment, and tap their
skills and potentials for national development.
 The Department of Labor and Employment, the Overseas Workers
Welfare Administration, and the Philippine Overseas Employment Administration
shall, within ninety (90) days from the effectivity of this Act, formulate a
program that would motivate migrant workers to plan for productive options such
as entry into highly technical jobs or undertakings, livelihood and
entrepreneurial development, better wage employment, and investment of
savings.

For this purpose, the Technical Education and Skills Development

Authority (TESDA), the Technology Livelihood Resource Center (TLRC), and other
government agencies involved in training and livelihood development shall give
priority to return who had been employed as domestic helpers and entertainers.

SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING

CENTER. - The center shall provide the following service:

(a) Develop livelihood programs and projects for returning Filipino

migrant workers in coordination with the private sector;

(b) Coordinate with appropriate private and government agencies the

promotion, development, re-placement and the full utilization of their
potentials;

(c) Institute in cooperation with other government agencies

concerned, a computer-based information system on skilled Filipino migrant
workers which shall be accessible to all local recruitment agencies and
employers, both public and private;

(d) Provide a periodic study and assessment of job opportunities for

returning Filipino migrant workers.

SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER

OVERSEAS FILIPINOS RESOURCE CENTER. - Within the premises and under the
administrative jurisdiction of the Philippine Embassy in countries where there
are large concentrations of Filipino migrant workers, there shall be establish a
Migrant Workers and Other Overseas Filipinos Resource Center with the following
services:

(a) Counseling and legal services;

(b) Welfare assistance including the procurement of medical and

hospitalization services;

(c) Information, advisory and programs to promote social integration

such as post-arrival orientation, settlement and community networking services
for social integration;

(d) Institute a scheme of registration of undocumented workers to

bring them within the purview of this Act. For this purpose, the Center is
enjoined to compel existing undocumented workers to register with it within six
(6) months from the effectivity of this Act, under pain of having his/her passport
cancelled;

(e) Human resource development, such as training and skills

upgrading;

(f) Gender sensitive programs and activities to assist particular needs

of women migrant workers;

(g) Orientation program for returning workers and other migrants;

and

(h) Monitoring of daily situations, circumstances and activities

affecting migrant workers and other overseas Filipinos.

The establishment and operations of the Center shall be a joint

undertaking of the various government agencies. The Center shall be open for
twenty-four (24) hours daily, including Saturdays, Sundays and holidays, and shall
be staffed by Foreign Service personnel, service attaches or officers who
represent other organizations from the host countries. In countries categorized
as highly problematic by the Department of Foreign Affairs and the Department
of Labor and Employment and where there is a concentration of Filipino migrant
workers, the government must provide a lawyer and a social worker for the
Center. The Labor Attache shall coordinate the operation of the Center and shall
keep the Chief of Mission informed and updated on all matters affecting it.

The Center shall have a counterpart 24-hour information and

assistance center at the Department of Foreign Affairs to ensure a continuous
network and coordinative mechanism at the home office.

SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION

SYSTEM FOR MIGRATION. - An inter-agency committee composed of the
Department of Foreign Affairs and its attached agency, the Commission on
Filipino Overseas, the Department of Labor and Employment, the Philippine
Overseas Employment Administration, The Overseas Workers Welfare
Administration, The Department of Tourism, the Department of Justice, the
Bureau of Immigration, the National Bureau of Investigation, and the National
Statistics Office shall be established to implement a shared government
information system for migration. The inter-agency committee shall initially
make available to itself the information contained in existing data bases/files.
The second phase shall involve linkaging of computer facilities in order to allow
free-flow data exchanges and sharing among concerned agencies.

The inter-agency committee shall convene to identify existing data

bases which shall be declassified and shared among member agencies. These
shared data bases shall initially include, but not limited to, the following
information:

(a) Masterlists of departing/arriving Filipinos;

 (b) Inventory of pending legal cases involving Filipino migrant workers
and other Filipino nationals, including those serving prison terms;

(c) Masterlists of departing/arriving Filipinos;

(d) Statistical profile on Filipino migrant workers/overseas

Filipinos/Tourists;

(e) Blacklisted foreigners/undesirable aliens;

(f) Basic data on legal systems, immigration policies, marriage laws

and civil and criminal codes in receiving countries particularly those with the
large numbers of Filipinos;

(g) List of labor and other human rights instruments where receiving
countries are signatories;

(h) A tracking system of past and present gender disaggregated cases

involving male and female migrant workers; and

(I) Listing of overseas posts which may render assistance to overseas

Filipinos, in general, and migrant workers, in particular.

SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to

further prevent unscrupulous illegal recruiters from taking advantage of workers
seeking employment abroad, the OWWA, in coordination with government
financial institutions, shall institute financing schemes that will expand the grant
of pre-departure loan and family assistance loan. For this purpose, a Migrant
Workers Loan Guarantee Fund is hereby created and the revolving amount of one
hundred million pesos (P100,000,000.00) from the OWWA is set aside as a
guarantee fund in favor of participating government financial institutions.

SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDER

INTERNATIONAL AND REGIONAL HUMAN RIGHTS SYSTEMS. - The Department of
Foreign Affairs is mandated to undertake the necessary initiative such as
promotions, acceptance or adherence of countries receiving Filipino workers to
multilateral convention, declaration or resolutions pertaining to the protection
of migrant workers' rights. The Department of Foreign Affairs is also mandated
to make an assessment of rights and avenues of redress under international and
regional human rights systems that are available to Filipino migrant workers who
are victims of abuse and violation and, as far as practicable and through the
Legal Assistant for Migrant Workers Affairs created under this Act, pursue the
same on behalf of the victim if it is legally impossible to file individual
complaints. If a complaints machinery is available under international or regional
systems, the Department of Foreign Affairs shall fully apprise the Filipino migrant
workers of the existence and effectiveness of such legal options.

IV. GOVERNMENT AGENCIES

SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following

government agencies shall perform the following to promote the welfare and
protect the rights of migrant workers and, as far as applicable, all overseas
Filipinos:

(a) Department of Foreign Affairs. - The Department, through its

home office or foreign posts, shall take priority action its home office or foreign
posts, shall take priority action or make representation with the foreign authority
concerned to protect the rights of migrant workers and other overseas Filipinos
and extend immediate assistance including the repatriation of distressed or
beleaguered migrant workers and other overseas Filipinos;

(b) Department of Labor and Employment - The Department of Labor

and Employment shall see to it that labor and social welfare laws in the foreign
countries are fairly applied to migrant workers and whenever applicable, to
other overseas Filipinos including the grant of legal assistance and the referral
to proper medical centers or hospitals:

(b.1) Philippine Overseas Employment Administration - Subject to

deregulation and phase out as provided under Sections 29 and 30 herein, the
Administration shall regulate private sector participation in the recruitment and
overseas placement of workers by setting up a licensing and registration system.
It shall also formulate and implement, in coordination with appropriate entities
concerned, when necessary employment of Filipino workers taking into
consideration their welfare and the domestic manpower requirements.

(b.2) Overseas Workers Welfare Administration - The Welfare Officer

or in his absence, the coordinating officer shall provide the Filipino migrant
worker and his family all the assistance they may need in the enforcement of
contractual obligations by agencies or entities and/or by their principals. In the
performance of this functions, he shall make representation and may call on the
agencies or entities concerned to conferences or conciliation meetings for the
purpose of settling the complaints or problems brought to his attention.

V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS

SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There

is hereby created the position of Legal Assistant for Migrant Workers Affairs under
the Department of Foreign Affairs who shall be primarily responsible for the
provision and overall coordination of all legal assistance services to be provided
to Filipino migrant workers as well as overseas Filipinos in distress. He shall have
the rank, salary and privileges equal to that of an undersecretary of said
Department.

The said Legal Assistant for Migrant Workers Affairs shall be

appointed by the President and must be of proven competence in the field of
law with at least ten (10) years of experience as a legal practitioner and must
not have been a candidate to an elective office in the last local or national
elections.

Among the functions and responsibilities of the aforesaid Legal

Assistant are:
 (a) To issue the guidelines, procedures and criteria for the provisions
of legal assistance services to Filipino migrant workers;

(b) To establish close linkages with the Department of Labor and

Employment, the POEA, the OWWA and other government agencies concerned,
as well as with non-governmental organizations assisting migrant workers, to
ensure effective coordination and cooperation in the provision of legal assistance
to migrant workers;

(c) To tap the assistance of reputable law firms and the Integrated
Bar of the Philippines and other bar associations to complement the government's
efforts to provide legal assistance to migrant workers;

(d) To administer the legal assistance fund for migrant workers

established under Section 25 hereof and to authorize disbursements there from
in accordance with the purposes for which the fund was set up; and

(e) To keep and maintain the information system as provided in

Section 20.

The legal Assistant for Migrant Workers Affairs shall have authority to
hire private lawyers, domestic or foreign, in order to assist him in the effective
discharge of the above functions.

SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a

legal assistance fund for migrant workers, herein after referred to as Legal
Assistance fund, in the amount of One hundred million pesos (P100,000,000.00)
to be constituted from the following sources:

Fifty million pesos (P50,000,000.00) from the Contingency Fund of

the President;

Thirty million pesos (P30,000,000.00) from the Presidential Social

Fund; and

Twenty million pesos (P20,000,000.00) from the Welfare Fund for

Overseas Workers established under Letter of Instruction No. 537, as amended
by Presidential Decree Nos. 1694 and 1809.

Any balances of existing fund which have been set aside by the
government specifically as legal assistance or defense fund to help migrant
workers shall, upon effectivity of this Act, to be turned over to, and form part
of, the Fund created under this Act.

SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal Assistance
Fund created under the preceeding section shall be used exclusively to provide
legal services to migrant workers and overseas Filipinos in distress in accordance
witht the guidelines, criteria and procedures promulgated in accordance with
Section 24 (a) hereof. The expenditures to be charged against the Fund shall
include the fees for the foreign lawyers to be hired by the Legal Assistance for
Migrant Workers Affairs to represent migrant workers facing charges abroad, bail
bonds to secure the temporary release of workers under detention, court fees
and charges and other litigation expenses.

VI. COUNTRY - TEAM APPROACH

SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS.

- The country team approach, as enunciated under Executive Order No. 74, series
of 1993, shall be the mode under which Philippine embassies or their personnel
will operate in the protection of the Filipino migrant workers as well as in the
promotion of their welfare. The protection of the Filipino migrant workers and
the promotion of their welfare, in particular, and the protection of the dignity
and fundamental rights and freedoms of the Filipino citizen abroad, in general,
shall be the highest priority concerns of the Secretary of Foreign Affairs and the
Philippine Foreign Service Posts.

SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team

approach, all officers, representatives and personnel of the Philippine
government posted abroad regardless of their mother agencies shall, on a per
country basis, act as one country-team with a mission under the leadership of
the ambassador. In this regard, the ambassador may recommend to the Secretary
of the Department of Foreign Affairs the recall of officers, representatives and
personnel of the Philippine government posted abroad for acts inimical to the
national interest such as, but not limited to, failure to provide the necessary
services to protect the rights of overseas Filipinos.

Upon receipt of the recommendation of the ambassador, the

Secretary of the Department of Foreign Affairs shall, in the case of officers,
representatives and personnel of other departments, endorse such
recommendation to the department secretary concerned for appropriate action.
Pending investigation by an appropriate body in the Philippines, the person
recommended for recall may be placed under preventive suspension by the
ambassador.

In host countries where there are Philippine consulates, such

consulates shall also constitute part of the country-team under the leadership of
the ambassador.

In the implementation of the country-team approach, visiting

Philippine delegations shall be provided full support and information.

VII. DEREGULATION AND PHASE-OUT

SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT

ACTIVITIES. - Pursuant to a progressive policy of deregulation whereby the
migration of workers becomes strictly a matter between the worker and his
foreign employer, the DOLE within one (1) year from the effectivity of this Act,
is hereby mandated to formulate a five-year comprehensive deregulation plan
on recruitment activities taking into account labor market trends, economic
conditions of the country and emergency circumstances which may affect the
welfare of migrant workers.
 SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within
a period of five (5) years from the effectivity of this Act, the DOLE shall phase
out the regulatory functions of the POEA pursuant to the objectives of
deregulation.

VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD

SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLED

FILIPINOS ABROAD. - Pursuant to the objective of encouraging professionals and
other highly-skilled Filipinos abroad especially in the field of science and
technology to participate in, and contribute to national development, the
government shall provide proper and adequate incentives and programs so as to
secure their services in priority development areas of the public and private
sectors.

IX. MISCELLANEOUS PROVISIONS

SEC. 32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. -

Notwithstanding any provision of law to the contrary, the respective Boards of
the POEA and the OWWA shall, in addition to their present composition, have
three (3) members each who shall come from the women, sea-based and land-
based sectors, respectively, to be appointed by the President in the same manner
as the other members.

SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine

Congress on the implementation of the policy enunciated in Section 4 hereof,
the Department of Foreign Affairs and the Department of Labor and Employment
shall submit to the said body a semi-annual report of Philippine foreign posts
located in countries hosting Filipino migrant workers. The report shall not be
limited to the following information:

(a) Masterlist of Filipino migrant workers, and inventory of pending

cases involving them and other Filipino nationals including those serving prison
terms;

(b) Working conditions of Filipino migrant workers;

(c) Problems encountered by the migrant workers, specifically

violations of their rights;

(d) Initiative/actions taken by the Philippine foreign posts to address

the problems of Filipino migrant workers;

(e) Changes in the laws and policies of host countries; and

(f) Status of negotiations on bilateral labor agreements between the

Philippines and the host country.

Any officer of the government who fails to report as stated in the

preceeding section shall be subjected to administrative penalty.
 SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(2),
Article VI of the Constitution and in line with the objective of empowering
overseas Filipinos to participate in the policy-making process to address Filipino
migrant concerns, two (2) sectoral representatives for migrant workers in the
House of Representatives shall be appointed by the President from the ranks of
migrant workers: Provided, that at least one (1) of the two (2) sectoral
representatives shall come from the women migrant workers sector: Provided,
further, that all nominees must have at least two (2) years experience as a
migrant worker.

SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws
to the country notwithstanding, the migrant worker shall be exempt from the
payment of travel tax and airport fee upon proper showing of proof of
entitlement by the POEA.

SEC. 36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION BOND.

- Upon approval of this Act, all fees being charged by any government office on
migrant workers shall remain at their present levels and the repatriation bond
shall be established.

SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP

FUND. - There is hereby created a Congressional Migrant Workers Scholarship
Fund which shall benefit deserving migrant workers and/or their immediate
descendants below twenty-one (21) years of age who intent to pursue courses or
training primarily in the field of science and technology. The initial seed fund of
two hundred million pesos (P200,000,000.00) shall be constituted from the
following sources:

(a) Fifty million pesos (P50,000,000.00) from the unexpected

Countrywide Development Fund for 1995 in equal sharing by all members of
Congress; and

(b) The remaining one hundred fifty million pesos (P150,000,000.00)

shall be funded from the proceeds of Lotto.

The Congressional Migrant Workers Scholarship Fund as herein created

shall be administered by the DOLE in coordination with the Department of
Science and Technology (DOST). To carry out the objectives of this section, the
DOLE and the DOST shall formulate the necessary rules and regulations.

SEC. 38. APPROPRIATION AND OTHER SOURCES OF FUNDING. - The

amount necessary to carry out the provisions of this Act shall be provided for in
the General Appropriations Act of the year following its enactment into law and
thereafter.

SEC. 39. MIGRANT WORKERS DAY. - The day of signing by the

President of this Act shall be designated as the Migrant Workers Day and shall
henceforth be commemorated as such annually.
 SEC. 40. IMPLEMENTING RULES AND REGULATIONS. - The departments
and agencies charged with carrying out the provisions of this Act shall, within
ninety (90) days after the effectivity of this Act, formulate the necessary rules
and regulations for its effective implementation.

SEC. 41. REPEATING CLAUSE. - All laws, decrees, executive orders,

rules and regulations, or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SEC. 42. SEPARABILITY CLAUSE. - If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.

SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette or in at least two (2)
national newspapers of general circulation whichever comes earlier.
MALACAÑANG
Manila

PRESIDENTIAL DECREE No. 533 August 8, 1974

THE ANTI-CATTLE RUSTLING LAW OF 1974

WHEREAS, large cattle are indispensable to the livelihood and economic growth
of our people, particularly the agricultural workers, because such large cattle are
the work animals of our farmers and the source of fresh meat and dairy products
for our people, and provide raw material for our tanning and canning industries;

WHEREAS, reports from the law-enforcement agencies reveal that there is a

resurgence of thievery of large cattle, commonly known as "cattle rustling",
especially in the rural areas, thereby directly prejudicing the livelihood of the
agricultural workers and adversely affecting our food production program for self-
sufficiency in rice, corn and other staple crops, as well as in fresh meat;

WHEREAS, there is an urgent need to protect large cattle raising industry and
small time large cattle owners and raisers from the nefarious activities of lawless
elements in order to encourage our hardworking cattle raisers and farmers to raise
more cattle and concentrate in their agricultural works, thus increasing our source
of meat and dairy products as well as agricultural production and allied industries
which depend on the cattle raising industry;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of

the Philippines, by virtue of the powers vested in me by the Constitution and
pursuant to Proclamations No. 1081, dated September 21, 1972 and No. 1104,
dated January 17, 1973 and General Order No. 1 dated September 22, 1972, do
hereby order and decree as part of the law of the land, the following:

Section 1. Title. This Decree shall be known as the "Anti-Cattle Rustling Law of
1974."

Section 2. Definition of terms. The following terms shall mean and be understood
to be as herein defined:

a. Large cattle as herein used shall include the cow, carabao, horse, mule,
ass, or other domesticated member of the bovine family.

b. Owner/raiser shall include the herdsman, caretaker, employee or tenant of

any firm or entity engaged in the raising of large cattle or other persons in
lawful possession of such large cattle.

c. Cattle rustling is the taking away by any means, method or scheme, without
the consent of the owner/raiser, of any of the above-mentioned animals
whether or not for profit or gain, or whether committed with or without violence
against or intimidation of any person or force upon things. It includes the
killing of large cattle, or taking its meat or hide without the consent of the
owner/raiser.
Section 3. Duty of owner/raiser to register. The owner/raiser shall, before the large
cattle belonging to him shall attain the age of six months, register the same with
the office of the city/municipal treasurer where such large cattle are raised. The
city/municipality concerned may impose and collect the fees authorized by existing
laws for such registration and the issuance of a certificate of ownership to the
owner/raiser.

Section 4. Duty of city/municipal treasurers and other concerned public officers

and employees. All public officials and employees concerned with the registration
of large cattle are required to observe strict adherence with pertinent provisions of
Chapter 22, Section 511 to 534, of the Revised Administrative Code, except insofar
as they may be inconsistent with the provisions of this Decree.

Section 5. Permit to buy and sell large cattle. No person, partnership, association,
corporation or entity shall engage in the business of buy and sell of large cattle
without first securing a permit for the said purpose from the Provincial Commander
of the province where it shall conduct such business and the city/municipal
treasurer of the place of residence of such person, partnership, association,
corporation or entity. The permit shall only be valid in such province.

Section 6. Clearance for shipment of large cattle. Any person, partnership,

association, corporation or entity desiring to ship or transport large cattle, its hides,
or meat, from one province to another shall secure a permit for such purpose from
the Provincial Commander of the province where the large cattle is registered.
Before issuance of the permit herein prescribed, the Provincial Commander shall
require the submission of the certificate of ownership as prescribed in Section 3
hereof, a certification from the Provincial Veterinarian to the effect that such large
cattle, hides or meat are free from any disease; and such other documents or
records as may be necessary. Shipment of large cattle, its hides or meat from one
city/municipality to another within the same province may be done upon securing
permit from the city/municipal treasurer of the place of origin.

Section 7. Presumption of cattle rustling. Every person having in his possession,

control or custody of large cattle shall, upon demand by competent authorities,
exhibit the documents prescribed in the preceding sections. Failure to exhibit the
required documents shall be prima facie evidence that the large cattle in his
possession, control or custody are the fruits of the crime of cattle rustling.

Section 8. Penal provisions. Any person convicted of cattle rustling as herein

defined shall, irrespective of the value of the large cattle involved, be punished by
prision mayor in its maximum period to reclusion temporal in its medium period if
the offense is committed without violence against or intimidation of persons or
force upon things. If the offense is committed with violence against or intimidation
of persons or force upon things, the penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed. If a person is seriously injured or
killed as a result or on the occasion of the commission of cattle rustling, the penalty
of reclusion perpetua to death shall be imposed.
When the offender is a government official or employee, he shall, in addition to the
foregoing penalty, be disqualified from voting or being voted upon in any
election/referendum and from holding any public office or employment.

When the offender is an alien, he shall be deported immediately upon the

completion of the service of his sentence without further proceedings.

Section 9. Rules and Regulations to be promulgated by the Chief of

Constabulary. The chief of Constabulary shall promulgate the rules and
regulations for the effective implementation of this Decree.

Section 10. Repealing clause. The provisions of Articles 309 and 310 of Act No.
3815, otherwise known as the Revised Penal Code, as amended, all laws,
decrees, orders, instructions, rules and regulations which are inconsistent with this
Decree are hereby repealed or modified accordingly.

Section 11. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen
hundred and seventy-four.