BOUNCING CHECKS LAW (BATAS PAMBANSA BLG 22) ▪ Crime against 
 are essential elements.



public interest since the act is

 penalized due to its disastrous ▪ Crime against
Checks without sufficient funds 
 effect to the stability of the property 

banking system and prejudice to
the economy. 

★ Any person who makes or draws and issues any check to apply on account or for value, ▪ Not only the drawer
but even indorsee may 
 incur
knowing at the time of issue that he does not have sufficient funds in or credit with the ▪ Only the drawer is liability, if he were aware at the
drawee bank for the payment of such check in full upon its presentment, which check liable and if the drawer was a time of the 
 indorsement of the
is subsequently dishonored by the drawee bank for insufficiency of funds or credit or juridical entity, the officer thereof insufficiency of funds. 

would have been dishonored for the same 
 who signed the check shall be
liable. The indorser is not liable.

 ▪ Drawer is given only
reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be
4 days after the notice of
punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine

 dishonor to make good cash
of not less than but not more than double the amount of the check which fine shall in no case ▪ Drawer is given 5 value to avoid 
 liability. 

exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of banking days from notice of
the court. dishonor to make good the cash
value of the check to avoid ▪ It is malum in se. 


★ The same penalty shall be imposed upon any person who, having sufficient funds in or credit criminal liability. 

with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full amount of the check if presented within a period of ▪ This is a malum
ninety (90) days from the date appearing thereon, for which reason it is dishonored by the prohibitum. 

drawee bank.

★ Where the check is drawn by a corporation, company or entity, the person or persons who
ANTI HAZING LAW (RA 8049)
actually signed the check in behalf of such drawer shall be liable under this Act.
Hazing refers to any act that results in physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made
Elements of BP 22: as a prerequisite for admission or a requirement for continuing membership in a fraternity,
 Making, drawing, and issuing any check to apply to account or for value 
 sorority, or organization including, but not limited to, paddling, whipping, beating, branding,
 Knowledge of the maker, drawer, or issuer that at the time of issue he does not have forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage,
sufficient funds in or credit with the drawee bank for payment of check in full upon its drug or other substance, or any other brutal treatment or forced physical activity which is likely to
presentment; 
 adversely affect the physical and psychological health of such recruit, neophyte, applicant, or
 Subsequent dishonor of the check by the drawee bank for insufficiency of funds or member. This shall also include any activity, intentionally made or otherwise, by one person
credit, or dishonor of the check for the same reason had not the drawer without any alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger,
valid cause, ordered the bank to stop payment. 
 by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks.
Filing criminal complaint
 Must be filed within four years from the dishonor of the check, before the office of the Prohibition on Hazing
public prosecutor. 

 If the public prosecutor finds probable cause, an 
 Information will be filed before the
★ All forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools,
proper Metropolitan 
 Trial Court or Municipal Trial Court. 

 Trial will follow. 
 including citizens’ military training and citizens’ army training. This prohibition shall likewise apply
BP22 V Estafa to all other fraternities, sororities, and organizations that are not school-based, such as
BP 22 ESTAFA community-based and other similar fraternities, sororities, and organizations: Provided, That the
physical, mental, and psychological testing and training procedures and practices to determine
▪ Even though the ▪ The check should
and enhance the physical, mental, and psychological fitness of prospective regular members of
check was issued in payment be issued concurrently and
the AFP and the PNP as approved by the Secretary of National Defense and the National Police

 of pre existing obligation, 
 reciprocally in payment of the
Commission, duly recommended by the Chief of Staff of the AFP and the Director General of the
liability is incurred. 
 exchange 
 consideration, not
PNP, shall not be considered as hazing for purposes of this Act: Provided, further, That the
for a pre-existing obligation. 

exception provided herein shall likewise apply to similar procedures and practices approved by
▪ Damage or deceit is the respective heads of other uniformed learning institutions as to their prospective members,
immaterial to criminal 
 liability. ▪ Damage to the nor shall this provision apply to any customary athletic events or other similar contests or

 offended and deceit of offender competitions or any activity or conduct that furthers a legal and legitimate objective, subject to
prior submission of a medical clearance or certificate.

1
★ In no case shall hazing be made a requirement for employment in any business or
corporation.
NEW ANTI-CARNAPPING ACT OF 2016
Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without the
latter’s consent, or by means of violence against or intimidation of persons, or by using force
upon things.
Elements of Carnapping:
 Intent to gain 
 consideration; or 
 When the sexual advances result in an intimidating, hostile or offensive
 Unlawful taking 
 environment for the student, trainee or apprentice.
 Use of violence or force upon things 

 Against the consent 
 Any person who directs or induces another to commit any act of sexual harassment as herein
NOTE:
 Carnapping is not different from Carjacking
 If done with violence, there is no bail
 If
done without violence, it is bailable (Php 300k)
 The unlawful taking of a motor
vehicle with intent to gain, without consent, HAS VIOLENCE, FORCE or
INTIMIDATION.
 Motor vehicle: Propelled by any power other than muscular power
 different from taking a boat - PIRACY
 Liability of the Employer, Head of Office, Educational or Training Institution
 Law only penalizes selling parts from carnapped vehicles, and not those from second-
hand vehicles
 Petition will immediately be denied when evidence of guilt is strong
 Committed by gangs, groups, public officials, or someone is killed or
 raped in the commission of the crime (qualified)
 If there is concealment, the one who concealed will be punished as a
PRINCIPAL.
 “Kambal”: multiple registration
 Qualified; since it is committed by a government employee
 Foreign nationals who
commit this crime will be punished before they are deported
ANTI-SEXUAL HARRASSMENT ACT OF 1995 (RA 7877)
Work, Education or Training -Related, Sexual Harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral ascendancy over another
in a work or training or education environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable
compensation, terms of conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the employee which in
any way would discriminate, deprive ordiminish employment opportunities or
otherwise adversely affect said employee; 
 Acts of Trafficking in Persons
The above acts would impair the employee's rights or privileges under existing labor laws; or


The above acts would result in an intimidating, hostile, or offensive environment for the
employee. 

(b) In an education or training environment, sexual harassment is committed:
Against one who is under the care, custody or supervision of the offender; 

Against one whose education, training, apprenticeship or tutorship is entrusted 
 to the
offender 

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


defined, or who cooperates in the commission thereof by another without which it would not
have been committed, shall also be held liable under this Act.
Elements of Sexual Harassment
 Environment (work, education, training) 

 Authority (moral ascendancy; employees included) 

 Solicitation of sexual favor (Sexual favor should be included) 

The employer or head of office, educational or training institution shall be solidarily
liable for damages arising from the acts of sexual harassment committed in the
employment, education or training environment if the employer or head of office,
educational or training institution is informed of such acts by the offended party and no
immediate action is taken.
ANTI TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208) AND EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2012 (RA NO. 10364)
Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, 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, adoption or receipt of a child for the purpose
of exploitation or when the adoption is induced by any form of consideration for exploitative
purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the
means set forth in the preceding paragraph.
To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, 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,
or sexual exploitation; 

To introduce or match for money, profit, or material, economic or other consideration, any
2
 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 persons by
any form of consideration for exploitative purposes or to facilitate the same for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
 g. To adopt or
facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
 h. To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide,
offer, receive 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;
i. To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a
child to engage in armed activities in the Philippines or abroad;
j. To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person
by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage
and involuntary servitude, including a scheme, plan, or pattern intended to cause the person
either:
1. To believe that if the person did not perform such labor or services, he or she or another
person would suffer serious harm or physical restraint; or
2. To abuse or threaten the use of law or the legal processes; and
 k. To recruit, transport,
harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of
exploitation or trading them, including but not limited to, the act of baring and/or selling a child for
any consideration or for barter for purposes of exploitation. Trafficking for purposes of
exploitation of children shall include:
 1. All forms of slavery or practices similar to slavery,
involuntary servitude, debt bondage and forced labor, including recruitment of children for use in
armed conflict;
 2. The use, procuring or offering of a child for prostitution, for the production of
pornography, or for pornographic performances;

3. The use, procuring or offering of a child for the production and trafficking of drugs; and

4. The use, procuring or offering of a child for illegal activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals; and
 l. To
organize or direct other persons to commit the offenses defined as acts of trafficking under this
Act."
SEC. 4-A. Attempted Trafficking in Persons
Where there are acts to initiate the commission of a trafficking offense but the offender failed to
or did not execute all the elements of the crime, by accident or by reason of some cause other
than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section
4 of this Act shall constitute attempted trafficking in persons.
In cases where the victim is a child, any of the following acts shall also be deemed as attempted
trafficking in persons:
 Facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason therefor and without the required clearance or permit from the
Department of Social Welfare and Development, or a written permit or justification
from the child’s parent or legal guardian; 

 Executing, for a consideration, an affidavit of consent or a written consent for
adoption; 

 Recruiting a woman to bear a child for the purpose of selling the child; 

 Simulating a birth for the purpose of selling the child; and 

 Soliciting a child and acquiring the custody thereof through any means from 
 among
hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and low-
income families, for the purpose of selling the child." 

SEC. 4-B. Accomplice Liability
Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or
simultaneous acts defined in this Act shall be punished in accordance with the provisions of
Section 10(c) of this Act."
SEC. 4-C. Accessories
Whoever has the knowledge of the commission of the crime, and without having participated
therein, either as principal or as accomplices, take part in its commission in any of the following
manners:
 By profiting themselves or assisting the offender to profit by the effects of the crime; 

 By concealing or destroying the body of the crime or effects or instruments thereof, in
order to prevent its discovery; 

 By harboring, concealing or assisting in the escape of the principal of the crime,
provided the accessory acts with abuse of his or her public functions or is known to be
habitually guilty of some other crime. 

Acts defined in this provision shall be punished in accordance with the provision of Section 10(d)
as stated thereto."
Acts that Promote Trafficking in Persons.
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 produce, print and issue or distribute unissued, tampered or fake counseling certificates,
3
 registration stickers, overseas employment certificates or other 
 f. When the offender is a member of the military or law enforcement agencies;
 g. When by
certificates of any government agency which issues these certificates, decals and such other
markers as proof of compliance with government regulatory and pre-departure requirements for
the purpose of promoting trafficking in persons;
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;
 h. To tamper with, destroy, or cause the destruction of evidence, or to
influence or attempt to influence witnesses, in an investigation or prosecution of a case under
this Act;
 constitute an offense at the place of commission, the crime being a continuing offense,
i. To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove,
confiscate or possess, any actual or purported passport or other travel, immigration or working
permit or document, or any other actual or purported government identification, of any person in
order to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person’s
liberty to move or travel in order to maintain the labor or services of that person; or
j. To utilize his or her office to impede the investigation, prosecution or execution of lawful orders
in a case under this Act."
Qualified Trafficking in Persons
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 a spouse, 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;
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);
When the offender commits one or more violations of Section 4 over a period of 
 sixty (60) or
more days, whether those days are continuous or not; and 

When the offender directs or through another manages the trafficking victim in 
 carrying out
the exploitative purpose of trafficking." 

Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims
and of Consent of Victims in Cases of Deception, Coercion and Other Prohibited
Means The past sexual behavior or the sexual predisposition of a trafficked person
shall be considered inadmissible in evidence for the purpose of proving consent of the
victim to engage in sexual behavior, or to prove the predisposition, sexual or
otherwise, of a trafficked person. Furthermore, the consent of a victim of trafficking to
the intended exploitation shall be irrelevant where any of the means set forth in
Section 3(a) of this Act has been used."
Extra-Territorial Jurisdiction
The State shall exercise jurisdiction over any act defined and penalized under this Act,
even if committed outside the Philippines and whether or not such act or acts
having been commenced in the Philippines and other elements having been
committed in another country, if the suspect or accused:
a. Is a Filipino citizen; or
 b. Is a permanent resident of the Philippines; or
 c. Has
committed the act against a citizen of the Philippines.
No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has
prosecuted or is prosecuting such person for the conduct constituting such offense,
except upon the approval of the Secretary of Justice.
The government may surrender or extradite persons accused of trafficking in the
Philippines to the appropriate international court if any, or to another State pursuant to
the applicable extradition laws and treaties."
NOTE:
This law started off with RA 7610 (Child Abuse Law; Article IV, Section 7)
 RA 10364
broadened the coverage of RA 9208
 Trafficking: the transporting/moving of a
person from one place to another through the use of grave coercion, forcible
abduction, or kidnapping
“Pokpok” is not a defense
 There is always a pimp “bugaw” involved Syndicate: 3 or
more people are accused Large scale: 3 or more complainants
ANTI VIOLENCE AGAINST WOMEN & THEIR CHILDREN ACT (RA 9262)
"Violence against women and their children" refers to any act or a series of acts committed
by any person against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts:
"Physical Violence" refers to acts that include bodily or physical harm;
4
"Sexual violence" refers to an act which is sexual in nature, committed against a woman or her committed with the purpose or effect of controlling or restricting the woman's or her
child. It includes, but is not limited to: child's movement or conduct:
o Threatening to deprive or actually depriving the woman or her child of
rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex custody to her/his family; 

object, making demeaning and sexually suggestive remarks, physically attacking the o Depriving or threatening to deprive the woman or her children of financial
sexual parts of the victim's body, forcing her/him to watch obscene publications and support legally due her or her family, or deliberately providing the woman's
indecent shows or forcing the woman or her child to do indecent acts and/or make children insufficient financial support; 

films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep o Depriving or threatening to deprive the woman or her child of a legal right; 

together in the same room with the abuser; 
 o Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own money or properties, or
solely controlling the conjugal or common money, or properties; 

acts causing or attempting to cause the victim to engage in any sexual activity by force, threat
 Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
of force, physical or other harm or threat of physical or other harm or coercion; 

her actions or decisions; 

 Causing or attempting to cause the woman or her child to engage in any sexual
Prostituting the woman or child. 
 activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate
"Psychological violence" refers to acts or omissions causing or likely to cause mental or family; 

emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,  h. Engaging in purposeful, knowing, or reckless conduct, personally or through
damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It another, that alarms or causes substantial emotional or psychological distress to the
includes causing or allowing the victim to witness the physical, sexual or psychological abuse of woman or her child. This shall include, but not be limited to, the following acts:
a member of the family to which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody 1. Stalking or following the woman or her child in public or private places;
and/or visitation of common children.
2. Peering in the window or lingering outside the residence of the woman or her child;
"Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
3. Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
 withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
4. Destroying the property and personal belongings or inflicting harm to animals or pets of the
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of
woman or her child; and
the Family Code; 

 deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common; 
 5. Engaging in any form of harassment or violence;
 destroying household property; 

 controlling the victims' own money or properties or solely controlling the 
 conjugal i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
money or properties. 
 including, but not limited to, repeated verbal and emotional abuse, and denial of financial support
or custody of minor children of access to the woman's child/children.
"Dating relationship" refers to a situation wherein the parties live as husband and wife without
the benefit of marriage or are romantically involved over time and on a continuing basis during Venue
the course of the relationship. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship. The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the
Acts of Violence against Women and Children absence of such court in the place where the offense was committed, the case shall be filed in
the Regional Trial Court where the crime or any of its elements was committed at the option of
 Causing physical harm to the woman or her child; 
 the compliant.
 Threatening to cause the woman or her child physical harm; 

 Attempting to cause the woman or her child physical harm; 
 The protection orders that may be issued under this Act are :
 Placing the woman or her child in fear of imminent physical harm; 

 Attempting to compel or compelling the woman or her child to engage in 
 conduct b. parents or guardians of the offended party;
 c. ascendants, descendants or collateral relatives
which the woman or her child has the right to desist from or desist from conduct which within the fourth civil degree of
the woman or her child has the right to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or conduct by force or threat of force, consanguinity or affinity;
 d. officers or social workers of the DSWD or social workers of local
physical or other harm or threat of physical or other harm, or intimidation directed government
against the woman or child. This shall include, but not limited to, the following acts

5
units (LGUs);
 e. police officers, preferably those in charge of women and children's desks;
 f.
Punong Barangay or Barangay Kagawad;
 g. lawyer, counselor, therapist or healthcare provider
of the petitioner;
 h. At least two (2) concerned responsible citizens of the city or municipality
where the violence against women and their children occurred and who has personal knowledge
of the offense committed.
Where to Apply for a Protection Order.
 ★ An application for a TPO or PPO may be filed in
the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court with territorial
jurisdiction over the place of residence of the petitioner: Provided, however, That if a family
court exists in the place of residence of the petitioner, the application shall be filed with that
court.
Public Crime
 Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
Custody of children
The woman victim of violence shall be entitled to the custody and support of her child/children.
Children below seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court finds compelling
reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of
a woman who is suffering from Battered woman syndrome.
Confidentiality
All records pertaining to cases of violence against women and their children including those in
the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes
to be published, in any format, the name, address, telephone number, school, business address,
employer, or other identifying information of a victim or an immediate family member, without the
latter's consent, shall be liable to the contempt power of the court.
THE BARANGAY PROTECTION ORDER (BPO) Effectivity: Fifteen (15) days.
Refers to the protection order issued by the Punong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of this Act.
 If the Punong Barangay is
unavailable to act on the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be
accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the BPO.
TEMPORARY PROTECTION ORDER (TPO) Effectivity: Thirty (30) days.
Refers to the protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued
PERMANENT PROTECTION ORDER (PPO) Effectivity: Permanent.
Refers to protection order issued by the court after notice and hearing. The court shall, to the
extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due
to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at
each particular time until final judgment is issued. The extended or renewed TPO may be
modified by the court as may be necessary or applicable to address the needs of the applicant.
Who may file Petition for Protection Orders
a. the offended party;
b. parents or guardians of the offended party;
 c. ascendants, descendants or collateral relatives
within the fourth civil degree of
consanguinity or affinity;
 d. officers or social workers of the DSWD or social workers of local
government
units (LGUs);
 e. police officers, preferably those in charge of women and children's desks;
 f.
Punong Barangay or Barangay Kagawad;
 g. lawyer, counselor, therapist or healthcare provider
of the petitioner;
 h. At least two (2) concerned responsible citizens of the city or municipality
where the violence against women and their children occurred and who has personal knowledge
of the offense committed.
Where to Apply for a Protection Order.

★ An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the
place of residence of the petitioner: Provided, however, That if a family court exists in the
place of residence of the petitioner, the application shall be filed with that court.
Covered by the RPC Difference:
Stalking (grave coercion) 

Dating relationship
 4 kinds of violence (physical, sexual, psychological, economic) 

★ Physical violence
 Refers to act that include bodily or physical harm 

★ Sexual violence
 An act which is sexual in nature, committed against a
woman or child 

★ Psychological violence
 Acts or omission causing or likely to cause
6
 mental or emotional suffering of the victim such as intimidation harassment stalking
and public ridicule or humiliation 
 production of any form of child pornography;
★ Economic violence
 Acts that make or attempts to make a woman
financially dependent 
 For economic abuse: must be married. (if only the child is not
supported, that’s child abuse)
 Battered wife syndrome 
 Cycle of
violence
 Scientifically define patterned of psychological and behavioral
symptom
 Exempting circumstance 
 Penalties
 Acts of violence against women and
their children constituting attempted, frustrated or consummated parricide or murder or
homicide shall have the penalty of prision mayor 
 Who can file a petition for
protection oders Offended party 
 Parents or guardians of the offended
party
 Ascendants and descendants or collateral relative within 4th civil degree of
consanguinity or affinity
 Officers of DSWD
 2 concerned citizens with actual
knowledge 
 Jurisdiction
 Family court 
 Protection order - you cannot go near the
offended party less than 50 meters 
 
■ Violation of the protection order; offender will be charged with indirect contempt
If wife was battered by the husband it is better to file a case of parricide with intent to kill which
has a heavier penalty
ANTI CHILD AND PORNOGRAPHY ACT OF 2007 (RA 9775)
“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.
“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:
 To hire, employ, use, persuade, induce or coerce a child to perform in the creation or


 To produce, direct, manufacture or create any form of child pornography; 

 To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export 
 or
import any form of child pornography; 

 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; 

 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; 

 For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography; 

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; 

 To engage in the luring or grooming of a child; 

 To engage in pandering of any form of child pornography; 

 To willfully access any form of child pornography; 

 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 

 To possess any form of child pornography. 

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.
Who May File a Complaint.

a person regardless of age who is presented, depicted or portrayed as a child as defined  Offended party; 

herein; and 
 computer-generated, digitally or manually crafted images or graphics of  Parents or guardians; 

a person who is represented or who is made to appear to be a child as defined herein.
 Ascendant or collateral relative within the third degree of consanguinity; 



 Officer, social worker or representative of a licensed child-caring institution; 

 Officer or social worker of the Department of Social Welfare and Development
"Explicit Sexual Activity" includes actual or simulated - As to form: sexual intercourse or 
 (DSWD); 

lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal  Local social welfare development officer; 

to genital, or oral to anal, whether between persons of the same or opposite sex; 
  Barangay chairman; 

 Any law enforcement officer; 

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

 sadistic or masochistic abuse; 
  Any person who has personal knowledge of the circumstances of the 
 commission of
 lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; 
 or 
 any offense under this Act. 

 use of any object or instrument for lascivious acts 

Jurisdiction
"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 shall be vested in the Family Court which has territorial jurisdiction over the place where the
child pornography, regardless of the actual content of the material or purported offense or any of its essential elements was committed pursuant to Republic Act No. 8369,
material. otherwise known as "Family Courts Act of 1997".

Unlawful or Prohibited Acts Confidentiality

7
The right to privacy of the child shall be ensured at any stage of the investigation, prosecution 2. giving information needed by the foreign state; and
 3. to apply for an order of forfeiture of any
and trial of an offense under this Act. Towards this end, the following rules shall be observed: proceeds or monetary instrument or

a. The judge, prosecutor or any officer of the law to whom the complaint has been referred to properly located in the Philippines used in connection with child pornography in the court;
may, whenever necessary to ensure a fair and impartial proceeding and after considering all Provided, That if the DOJ refuses to act on the request of for delaying the execution thereof:
circumstances for the best interest of the child conduct a closed-door investigation, prosecution Provided, further, That the principles of mutuality and reciprocity shall, for this purpose, be at all
or trial; times recognized.

b. The name and personal circumstances of the child, including the child's immediate family, or Extradition
any other information tending to establish his/her identity shall not be disclosed to the public;
The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor to include
c. Any record regarding a child shall be confidential and kept under seal. Except upon written child pornography among extraditable offenses in future treaties.
request and order of the court, a record shall be released only to the following:
Children below 18 years of age (17 years 11 months)
 Child pornography: any representation,
Members of the court staff for administrative use; 
 whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical,
magnetic, or any other means, of a child engaged or involved in a real or simulated explicit
 The prosecuting attorney; 
 sexual activities.
 Defense counsel; 

 The guardian ad litem; 
 Accused are pedophiles
 Agents of investigating law enforcement agencies and 

 Other persons as determined by the court. 
 A child’s consent is immaterial; no capacity to act
 Seeks to make Filipino children less
vulnerable to the illicit trade by imposing stiffer penalties on anyone found guilty of any form of
Any form of child pornography that is part of the court records shall be subject to a protective involvement in child pornography (in relation to RPC 201)
 Victim of child pornography is
order that provides as follows: considered a victim of a violent crime; and metes out penalties ranging from arrests mayor to
reclusion perpetua and a fine of 300k to 5M.
 CONSPIRACY is punishable in this Act, even
though in the RPC it is only considered as a mode in committing the crime.
 SIMPLE
 Any form of child pornography may be viewed only by the parties, their counsel, their POSSESSION of any form of child pornography is already punishable JURISDICTION is with
expert witness and guardian ad litem; 
 the Family Court
 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 

 No person shall be granted access to any form of child pornography or any part  Syndicated Child Pornography Committed by 3 or more
thereof unless he/she signs a written affirmation that he/she has received and read a  Reclusion perpetua; 2 M - 3M
copy of the protection order; that he/she submits to the jurisdiction of the court with  Child
 Important to know the mental age of the person
respect to the protective order; and that, in case of violation thereof, he/she will be  You need evidence
 ■ Psychological test
subject to the contempt power of the court; and 
  This must be alleged
 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 Duties and responsibilities of business establishments/ lessors
 Child pornography done in
materials, announcer or producer in case of television and radio, producer and director these establishments, lessor is liable
 Compared to dangerous drugs lessor is not liable if he
of a film in case of the movie industry, or any person utilizing the tri-media facilities or had no idea, control or access to the property where drugs are found.
information technology to publish or broadcast the names of the victims of any case of
child pornography. 
  Complainants - public offense Offended
 Parents
 Eyewitnesses
 Any public officer, etc.
Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of  Duties of NTC
 Cute internet
this Act.  Duties of DSWD
 Bring child to children’s facility

Child Pornography as a Transnational Crime. Coverage:

Pursuant to the Convention on transnational Organized Crime, the DOJ may execute the hiring employing, using, persuading, inducing, or coercing a child to participate in the production
request of a foreign state for assistance in the investigation or prosecution of any form of child of any form of child pornography
 criminalises publishing, offering transmitting, selling...
pornography by: etc
 child pornography done in your place - guilty

1. conducting a preliminary investigation against the offender and, if appropriate, to file the Mental capacity of the person kahit na over 18 (alleged in the information, psychologist.)- pwede
necessary charges in court; pa rin for statutory rape; psychological report na 12 yrs below

8
“simulated explicit sexual activities.” - oral sex Explicit sexual activity (sec 3c)
 Grooming -
includes “ can you show me....” Luring- enticing the child
Lascivious acts - foreplay
 Pandering - advertising, deceptive material even if clothed child
Anything that simulate sexual activity - oral sex
 Computer generated
Unlawful or prohibited acts
 To possess any form of child pornography with intent to sell
Presumption of prima facie evidence if possess 3 or more
 Different from possession of drugs -
no intent to sell; mere possession is already a presumption to sell
Confiscation and forfeiture of proceeds and tools Sec. 17 Art. 45
Territorial Jurisdiction Transnational crime
Extradition
 DOJ consult DFA
ANTI PHOTO AND VIDEO VOYEURISM ACT (RA 9995)
"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.
"Private area of a person" means the naked or undergarment clad genitals, public area,
buttocks or female breast of an individual.
"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.
Prohibited Acts:
 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; 
 
 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; 

 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 
 DISCRIMINATION ACT (RA 7610)
 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.
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.
Example: LOCKER ROOM IN DLSU (GYM) - NAKED MALE TAKING VIDEO OF HIS PRIVATE
PART COMPLAINANT TO TRANSFER THE VIDEO AND DEMANDED TO THE SUSPECT TO
DELETE
 WENT TO THE POLICE (UNJUST VEXATION)
VOYEURISM - from the French word “voyeur” meaning “one who looks”
 sexual interest in or
practice of spying on people engaged in intimate behaviours, such as undressing, sexual
activity, or other activity usually considered to be of a private nature
 voyeur is someone who
habitually observes others without their knowledge, not necessary implication of sexual
interest
 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.

 Different from unjust vexation
 Voyeur - “one who looks”

 Hyden Kho scandal of 2009

 Both photo and video are covered
 If offender is a juridical entity - franchise is
revoked

 Peace office is exempted as long as he is authorized by written order of the court to
use the record.

 This law is aimed at preventing the proliferation of sex scandals.

 Main objective: penalize acts that will destroy the honor, integrity, and dignity of a
person.

 Evidence obtained in violation of the proceedings shall be INADMISSIBLE in any
judicial, quasi-judicial, legislative, or administrative hearing or investigation.
Elements of Voyeurism:
 Involves the private part 

 Which is not intended to be seen by public 

taking photo without latter’s consent or uploading, selling, or reproducing.
SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE EXPLOITATION AND
CHILDREN
9
Persons below eighteen (18) years of age or those over but are unable to fully take care of other similar establishments, vessel, vehicle or any other hidden or secluded area
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination under circumstances which would lead a reasonable person to believe that the child is
because of a physical or mental disability or condition about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5
CHILD ABUSE hereof when any person is receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar establishments. A penalty lower by two
(2)
refers to the maltreatment, whether habitual or not, of the child which includes any of the degrees than that prescribed for the consummated felony under Section 5 hereof shall
following: be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.
Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional CHILD TRAFFICKING
maltreatment; 
 Any person who shall engage in trading and dealing with children including, but not
limited to, the act of buying and selling of a child for money, or for any other
Any act by deeds or words which debases, degrades or demeans the intrinsic worth and consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion
dignity of a child as a human being 
 perpetua. The penalty shall be imposed in its maximum period when the victim is
under twelve (12) years of age.
ATTEMPT TO COMMIT CHILD TRAFFICKING
Unreasonable deprivation of his basic needs for survival, such as food and shelter; or 

1. When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
Failure to immediately give medical treatment to an injured child resulting in serious written permit or justification from the child's parents or legal guardian;
impairment of his growth and development or in his permanent incapacity or death. 
 2. When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking; or
CIRCUMSTANCES WHICH GRAVELY THREATEN OR ENDANGER THE SURVIVAL AND 3. When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
NORMAL DEVELOPMENT OF CHILDREN registrar or any other person simulates birth for the purpose of child trafficking; or
4. When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who
 Being in a community where there is armed conflict or being affected by armed
can be offered for the purpose of child trafficking.
conflict-related activities; 

OBSCENE PUBLICATION AND INDECENT SHOWS
 Working under conditions hazardous to life, safety and normal which unduly interfere Any person who shall hire, employ, use, persuade, induce or coerce a child to perform
with their normal development; 

in obscene exhibitions and indecent shows, whether live or in video, or model in
 Living in or fending for themselves in the streets of urban or rural areas without the obscene publications or pornographic materials or to sell or distribute the said
care of parents or a guardian or basic services needed for a good quality of life; 
 materials shall suffer the penalty of prision mayor in its medium period.
 Being a member of a indigenous cultural community and/or living under conditions of If the child used as a performer, subject or seller/distributor is below twelve (12) years
extreme poverty or in an area which is underdeveloped and/or lacks or has of age, the penalty shall be imposed in its maximum period.
inadequate access to basic services needed for a good quality of life; 
 Any ascendant, guardian, or person entrusted in any capacity with the care of a child
 Being a victim of a man-made or natural disaster or calamity; or 
 who shall cause and/or allow such child to be employed or to participate in an
 Circumstances analogous to those abovestated which endanger the life, safety 
 or obscene play, scene, act, movie or show or in any other acts covered by this section
normal development of children. 
 shall suffer the penalty of prision mayor in its medium period.

COMPREHENSIVE PROGRAM OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR EXPLOITATION AND OTHER
CONDITIONS PREJUDICIAL TO THE CHILD’S DEVELOPMENT
refers to the coordinated program of services and facilities to protected children against: 1. Any person who shall commit any other acts of child abuse, cruelty or exploitation
or to be responsible for other conditions prejudicial to the child's development
including those covered by Article 59 of Presidential Decree No. 603, as amended, but
 Child Prostitution and other sexual abuse; 
 not covered by the Revised Penal Code, as amended, shall suffer the penalty of
 Child trafficking; 
 prision mayor in its minimum period.
 Obscene publications and indecent shows; 

 Other acts of abuses; and 
 Any person who shall keep or have in his company a minor, twelve (12) years or 
 under or
 Circumstances which threaten or endanger the survival and normal 
 development of who in ten (10) years or more his junior in any public or private place, hotel, motel,
children.
 
 beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places shall suffer the penalty of prision mayor in
ATTEMPT TO COMMIT CHILD PROSTITUTION its maximum period and a fine of not less than Fifty thousand pesos (P50,000):
Provided, That this provision shall not apply to any person who is related within the
There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof fourth degree of consanguinity or affinity or any bond recognized by law, local custom
when any person who, not being a relative of a child, is found alone with the said child and tradition or acts in the performance of a social, moral or legal duty. 

inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or

10
 Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep
or have in his company a minor as provided in the preceding paragraph shall suffer
the penalty of prision mayor in its medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor. 
 combustible materials are stored.
Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to such place or
places any minor herein described shall be imposed a penalty of prision mayor in its
medium period and a fine of not less than Fifty thousand pesos (P50,000), and the
loss of the license to operate such a place or establishment. 
 or other official proceedings.
Any person who shall use, coerce, force or intimidate a street child or any other child to; 
 
 Beg or use begging as a means of living;
 What are the Other Cases of Arson?
 Act as conduit or middlemen in drug trafficking or pushing; or
 Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
WORKING CHILDREN
 Children below fifteen (15) years of age may be employed except:
 1. When a child
works directly under the sole responsibility of his parents or legal
 guardian and where only members of the employer's family are employed: Provided,
however, That his employment neither endangers his life, safety and health and
morals, nor impairs his normal development: Provided, further, That the parent or legal
guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
 2. When a child's employment or participation in public & entertainment or information
through cinema, theater, radio or television is essential: Provided, The employment
contract concluded by the child's parent or guardian, with the express agreement of
the child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, That the following requirements in all instances are strictly
complied with:
 a. The employer shall ensure the protection, health, safety and morals of the child;
 b. the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and;
 3. The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child.
 In the above exceptional cases where any such child may be employed, the employer
shall first secure, before engaging such child, a work permit from the Department of
Labor and Employment which shall ensure observance of the above
requirement.
 The Department of Labor Employment shall promulgate rules and
regulations necessary for the effective implementation of this Section.
ANTI ARSON LAW (PD1613)
What is Arson? Any person who burns or sets fire to the property of another or when a person
sets fire to his own property under circumstances which expose to danger the life or property of
another.
Destructive Arson
There is destructive arson if the property burned is any of the following:
 Any ammunition factory and other establishment where explosives, 
 inflammable or


 Any archive, museum, whether public or private, or any edifice devoted to 
 culture,
education or social services. 

 Any church or place of worship or other building where people usually 
 assemble. 

 Any train, airplane or any aircraft, vessel or watercraft, or conveyance for

 transportation of persons or property 

 Any building where evidence is kept for use in any legislative, judicial, 
 administrative


 Any hospital, hotel, dormitory, lodging house, housing tenement, shopping 
 center,
public or private market, theater or movie house or any similar place or 
 building. 

Any building, whether used as a dwelling or not, situated in a populated or

 congested area.
6
if the property burned is any of the following: 1. Any building used as offices of the
government or any of its agencies; 2. Any inhabited house or dwelling; 3. Any
industrial establishment, shipyard, oil well or mine shaft, platform or tunnel; 5. Any
plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest; 6. Any rice mill, sugar mill, cane mill or mill central; and 7. Any railway or bus
station, airport, wharf or warehouse.
What are the Special Aggravating Circumstances in Arson?
8
The Special Aggravating Circumstances are the following: 1. If committed with intent to gain; 2.
If committed for the benefit of another; 3. If the offender is motivated by spite or hatred towards
the owner or occupant of the property burned; 4. If committed by a syndicate.
When is there a crime committed by a syndicate?
The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or
more persons.
When is there prima facie evidence of arson?
 The following circumstances shall constitute prima facie evidence of arson:
 If the fire started simultaneously in more than one part of the building or

 establishment. 

 If substantial amount of flammable substances or materials are stored within

 the building note necessary in the business of the offender nor for household

 us. 

 If gasoline, kerosene, petroleum or other flammable or combustible substances

 or materials soaked therewith or containers thereof, or any mechanical,
electrical, chemical, or electronic contrivance designed to start a fire, or ashes or
traces of any of the foregoing are found in the ruins or premises of the burned
building or property. 

 If the building or property is insured for substantially more than its actual value at
the time of the issuance of the policy. 

 If during the lifetime of the corresponding fire insurance policy more than two fires
11
 have occurred in the same or other premises owned or under the control of the  Mayor 

offender and/or insured. 
  Governor
 If shortly before the fire, a substantial portion of the effects insured and stored in  provincial fiscal 

a building or property had been withdrawn from the premises except in the  Social security commissioner; and 

ordinary course of business. 
  chief of police 

 If a demand for money or other valuable consideration was made before the fire
in exchange for the desistance of the offender or for the safety of the person or
Agent of Person in Authority
property of the victim. 


Is there a crime of conspiracy to commit arson?
Yes. Conspiracy to commit arson shall be punished by Prision Mayor in its minimum period.
Destructive: possibility of loss of lives of so many people Qualified: economic loss
Second paragraph of Article 152 of the Revised Penal Code provides: “A person who, by direct,
provision of law or by election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and property xxx and any
person who comes to the aid of persons in authority, shall be deemed an agent of a person in
authority.”
A policeman is an agent of person in authority.

ANTI TORTURE ACT OF 2009 (RA 9745) A mere clerk in the provincial auditor’s office is not a person in authority or an agent of a person
Torture refers to an act by which severe pain or suffering, whether physical or mental, is in authority. A special agent, whose duties are limited to violations of laws which might affect the
intentionally inflicted on a person for such purposes as obtaining from him or a third person interests of the Manila Railroad Company, is not an agent of a person in authority.
information or a confession; punishing him for an act he or a third person has committed or is
suspected of having committed; or intimidating or coercing him or a third person; or for any
Under Section 388 of the Local Government Code, “for purposes of the Revised Penal Code,
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
barangay officials other than punong barangay, sangguniang barangay members, and members
instigation of or with the consent or acquiescence of a person in authority or agent of person in
of the lupong tagapamayapa, who may be designated by law or ordinance and charged with the
authority. It does not include pain or suffering arising only from, inherent in or incidental to lawful
maintenance of public order, protection and security of life and property or the maintenance of a
sanctions.
balanced and desirable environment, and any barangay member who comes to the aid of
persons in authority, shall be deemed agents of a person in authority.”
Other cruel, inhuman and degrading treatment or punishment refers to a deliberate and
aggravated treatment or punishment not included in the enumeration of acts of torture inflicted
Torture involves the following:
by person in authority or agent of person in authority against a person under his custody, which
attains a level of severity causing suffering, gross humiliation, or debasement to the latter.
 Severe pain or suffering, whether physical or mental 

Victim of torture is defined as the person subjected to torture or other cruel, inhuman and  The pain or suffering is intentionally inflicted 

degrading treatment or punishment and any individual who has suffered harm as a result of such
treatment of punishment. Usually, the victim is a detainee or prisoner. The purposes are:

Principal Offender is a Person in Authority or Agent of a Person in Authority.  To obtain from the victim or a third person information or confession 

 To punish the victim for what he or a third person has or is suspected 
 of having
Person in Authority committed 

 To intimidate or coerce him or a third person 

 For any reason based on discrimination of any kind 

Under the first paragraph of Article 152 of the Revised Penal Code, “any person directly vested
with jurisdiction, whether as an individual or as a member of some court or government owned
or controlled corporation, board, or commission, shall be deemed a person in authority.” The act is by or at the instigation of or with consent acquiescence of a Person in Authority or
his agent 

The following are persons in authority:
Elements of Torture:
 1. FIRST ELEMENT - The offender intentionally inflicts on person severe
pain or suffering, whether physical or mental.
 Judges 

 director of post 

 the president of a sanitary division 
 a. Act causing pain or suffering arising only from, inherent in or incidental to lawful sanctions is
 provincial treasurer 
 not constitutive of the crime of torture.
 b. EXAMPLE: Mental suffering caused to a prisoner,
who is convicted of a crime, as a consequence of serving his sentence, does not give rise to
 municipal councilor 

criminal responsibility for torture on the part of his custodian.
 commissioner of the NLRC 

 the President 

 cabinet member 
 2. SECOND ELEMENT: Such pain or suffering is inflicted (1) for such purposes as (a) obtaining

12
from him/her or a third person information or a confession; (b) punishing him/her for an act
he/she or a third person has committed or is suspected of having committed; or (c) intimidating
or coercing him/her or a third person; or (2) for any reason based on discrimination of any kind.
a. EXAMPLE: The public officer who commits qualified maltreatment of prisoner (inflicts cruel
and humiliating punishment for the purpose of extorting confession or information) under Article
235 of the Revised Penal Code, may also be held liable for the crime of torture under R.A. 9745.
3. THIRD ELEMENT: Such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority or agent of a person in authority.
Kinds of Torture:
 1. Physical - which involves treatment of punishment inflicted by a Person in
Authority or his agent upon another in his custody causing severe pain, exhaustion, disability or
dysfunction of one or more parts of the body.38
 2. Mental / Psychological - which affects or
confuses the mind
 and/or undermines one’s dignity and morale
 3. Other cruel, inhuman and
degrading treatment or punishment
 - where the Person in Authority or his agent inflicts
deliberate and aggravated treatment or punishment other than acts of torture against a person
under his custody at a level of severity causing suffering, gross humiliation or debasement to the
victim
- ELEMENTS:
 (a) A deliberate and aggravated treatment or punishment not enumerated under
Section 4 is inflicted against a person in custody. (b) The treatment or punishment is inflicted by
a person in authority or agent of person in authority.
 (c) The treatment or punishment attains a
level of severity sufficient to cause suffering, gross humiliation or debasement to the latter.
- The severity shall depend on all the circumstances of the case, including the duration of the
treatment or punishment, its physical and mental effects and in, some cases, the sex, religion,
age, state of health of the victim.
Offenders:
 Principal
 Direct participator, inducer and indispensable cooperator; 

 Superior military, police or law enforcement officer or senior government 
 official
who ordered any lower ranking personnel to commit torture for 
 whatever
purpose; 

 Immediate commanding officer of the unit of AFP; immediate senior public

 official of the PNP and other law enforcement agencies for any act, omission, or
negligence committed by him that led, assisted, abetted or allowed, directly or
indirectly, the commission thereof 
 prisons, and detention facilities, have unrestricted access to any detention facilities inside
 Commanding officer or senior public official who has knowledge of or should
have known that said acts shall be, or is being, or has been committed by his
subordinates or others within his area of responsibility and, despite such
knowledge, did not take preventive or corrective action before, during or
immediately after its commission, when he has the authority to prevent or
investigate allegations thereof but failed to do so, whether deliberately or due to
negligence. 

Accessories
 1. Any public officer or employee who has knowledge that torture or other cruel,
inhuman or degrading treatment or punishment is being either principal or accomplice, takes part
subsequent to its commission in any of the following ways:
Profiting from or assisting offender to profit from the effects of the act of torture or other cruel,
inhuman and degrading punishment 

By concealing the said acts and/or destroying the effects of 
 instruments thereof in order to
prevent its discovery; or 

By harboring, concealing or assisting in the escape of the principal in the act of torture or
other cruel, inhuman and degrading treatment or punishment provided that the acts
are done with abuse of the 
 official’s public functions. 

Accomplices
 1. Any person, who, not being included in Section 26 hereof, cooperate in the
execution of torture or other cruel, inhuman and degrading treatment or punishment by previous
or simultaneous acts is an accomplice (Section 27, IRR).
Salient Features of RA 9745
 State of War or a Threat Does Not Justify Commission of
Torture Section 6 of RA 9745 is very explicit. “A state of war or a threat of war, internal political
instability, or any other public emergency, or a document or any determination comprising an
“order of battle” shall not and can never be invoked as a justification for torture and other cruel,
inhuman and degrading treatment or punishment.”
Secret Detention Places Are Prohibited
Section 7 of RA 9745 is straightforward. “Secret detention places, solitary confinement,
incommunicado or other similar forms of detention, where torture may be carried out with
impunity, are hereby prohibited.”
Updated List of All Detention Centers and Facilities
The Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law
enforcement agencies concerned shall make an updated list of all detention centers and facilities
under their respective jurisdictions with the corresponding data on the prisoners or detainees
incarcerated or detained therein such as, among others, names, date of arrest and incarceration,
and the crime or offense committed.
This list shall be made available to the public at all times.
Section 11 of the IRR provides that CHR shall exercise visitorial powers at any time over jails,
military camps, police lock-up cells, youth homes, or any detention, rehabilitation, confinement,
and other similar facility.
The Exclusionary Rule
Section 8, R.A. 9745 provides, Any confession, admission or statement obtained as a result of
torture shall be inadmissible in evidence in any proceedings.
EXCEPTION: If the same is used as evidence against a person or persons accused of
committing torture.
HUMAN SECURITY ACT OF 2007 (RA 9372)
13

COMPREHENSIVE FIREARMS & AMMUNITION REGULATION ACT (RA 10591)
Kinds of Persons Who May Apply for Issuance of a License
Both individuals and juridical entities may file for an application of a license. For Individuals, the
law provides that individuals who meet the requirements in Sec. 4, Art. II of RA 10951 may be
issued a license to possess firearms and ammunitions. It is also provided that those whose lives
are in danger may file for a permit to carry the firearms outside if life is under actual threat or
his/her life is in imminent danger due to the nature of his/her profession, occupation or business.
Sec. 7, Art. II of RA 10951 provides a list of individuals whose profession places them in
constant imminent danger. These are (a) Members of the Philippine Bar; (b) Certified Public
Accountants; (c) Accredited Media Practitioners; (d) Cashiers, Bank Tellers; (e) Priests,
Ministers, Rabbi, Imams; (f) Physicians and Nurses; (g) Engineers; and (h) Businessmen, who
by the nature of their business or undertaking, are exposed to high risk of being targets of
criminal elements. The law also allows individuals to avail a license to be a manufacturer and
dealer of firearms and ammunition. Individuals who are gunsmiths are also authorized to have a
license to be such. In instances where the firearms shall be used for sports or in a firing range, a
permit may also be issued to an individual to carry such firearms outside of their residence.
Juridical entities such as corporations, security agencies, local government units, national
government, or any other juridical entity who wants to deal and manufacture firearms and
ammunition or those engaged in the industry of being a gunsmith shall also be entitled to file an
application for license. Sec. 5, Art. II of RA 10951 provides for the requisites for the issuance of
a license to juridical entities. For reason of national security, firearms of the Armed Forces of the
Philippines (AFP), Coast Guard and other law enforcement agencies shall only be reported to
the FEO of the PNP.
Kinds of Licenses
 The first kind of license required by the law is the license to possess a
firearm and ammunition. For individuals there is a different sub-categories for the licenses
granted to them. These are provided in Sec. 9, Art. III of RA 10951. This provides that:
★ Type 1 license – allows a citizen to own and possess a maximum of two
(2) registered firearms; 

★ Type 2 license – allows a citizen to own and possess a maximum of five
(5) registered firearms; 
 e. The applicant has filed in writing the application to possess a registered firearm which shall
★ Type 3 license – allows a citizen to own and possess a maximum of ten
(10) registered firearms; 
 f. The applicant must present a police clearance from the city or municipality police office; and
★ Type 4 license – allows a citizen to own and possess a maximum of
fifteen (15) registered firearms; and 

★ Type 5 license – allows a citizen, who is a certified gun collector, to own
and possess more than fifteen (15) registered firearms. 
 Such subcategories are not
applicable if the applicant for the license is a juridical entity. Sec. 12, Art. III of RA
10951 also provides that Section 12. License to Possess Ammunition Necessarily
Included. – The licenses granted to qualified citizens or juridical entities as provided in
Section 9 of this Act shall include the license to possess ammunition with a maximum
of fifty (50) rounds for each registered firearm: Provided; That the FEO of the PNP
may allow more ammunition to be possessed by licensed sports shooters. 
 The
second kind of license is the license to Manufacture and Deal with ammunition and
firearms. It is a license for those who desiring to manufacture or deal in firearms,
parts of firearms or ammunition thereof, or instruments and implements used or
intended to be used in the manufacture of firearms, parts of firearms or ammunition.
Secs. 14 and 16 provides for the scope of the coverage of such license. 
 The third
kind of license is the license granted to gunsmiths or to those who to repair
registered firearms. The license shall include customization of firearms from finished
or manufactured parts thereof on per order basis and not in commercial quantities and
making the minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only
for the purpose of repairing the registered firearm. The license for gunsmiths shall be
issued by the Chief of the PNP. 
 Relevant Provisions: 
 Section 4. Standards and
Requisites for Issuance of and Obtaining a License to Own and Possess
Firearms. – In order to qualify and acquire a license to own and possess a firearm or
firearms and ammunition, the applicant must be 

1. a Filipino citizen,
2. at least twenty-one (21) years old; and
 3. has gainful work, occupation or business or has
filed an Income Tax Return
(ITR) for the preceding year as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate authorities
attesting the following:
a. The applicant has not been convicted of any crime involving moral turpitude;

b. The applicant has passed the psychiatric test administered by a PNP-accredited psychologist
or psychiatrist;

c. The applicant has passed the drug test conducted by an accredited and authorized drug
testing laboratory or clinic;

d. The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;

state the personal circumstances of the applicant;



g. The applicant has not been convicted or is currently an accused in a pending criminal case
before any court of law for a crime that is punishable with a penalty of more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts
of law shall qualify the accused thereof to qualify and acquire a license.
 The applicant shall pay
the reasonable licensing fees as may be provided in the implementing rules and regulations of
this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her
duty detail order to the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical
14
person maintaining its own security force may be issued a regular license to own and possess c. ★ Type 1 license – allows a citizen to own and possess a maximum of two
firearms and ammunition under the following conditions:
(2) registered firearms; 


a. It must be Filipino-owned and duly registered with the Securities and Exchange Commission
(SEC); d. ★ Type 2 license – allows a citizen to own and possess a maximum of five
(5) registered firearms; 

b. It is current, operational and a continuing concern;
 c. It has completed and submitted all its
reportorial requirements to the SEC; and d. It has paid all its income taxes for the year, as duly e. ★ Type 3 license – allows a citizen to own and possess a maximum of ten
certified by the Bureau of
(10) registered firearms; 


Internal Revenue.
f. ★ Type 4 license – allows a citizen to own and possess a maximum of
The application shall be made in the name of the juridical person represented by its President or fifteen (15) registered firearms; and 

any of its officers mentioned below as duly authorized in a board resolution to that effect:
Provided, That the officer applying for the juridical entity, shall possess all the qualifications g. ★ Type 5 license – allows a citizen, who is a certified gun collector, to own
required of a citizen applying for a license to possess firearms.
and possess more than fifteen (15) registered firearms. 
 For Types 1 to 5 licenses, a
vault or a container secured by lock and key or other security measures for the
Other corporate officers eligible to represent the juridical person are: the vice president, safekeeping of firearms shall be required. 
 For Types 3 to 5 licenses, the citizen must
treasurer, and board secretary. comply with the inspection and bond requirements. 
 Section 11. Registration of
Firearms. – The licensed citizen or licensed juridical entity shall register his/her/its
Security agencies and LGUs shall be included in this category of licensed holders but shall be firearms so purchased with the FEO of the PNP in accordance 

subject to additional requirements as may be required by the Chief of the PNP.
with the type of license such licensed citizen or licensed juridical entity possesses. A certificate
Section 6. Ownership of Firearms by the National Government. – All firearms owned by the of registration of the firearm shall be issued upon payment of reasonable fees. For purposes of
National Government shall be registered with the FEO of the PNP in the name of the Republic of this Act, registration refers to the application, approval, record-keeping and monitoring of
the Philippines. Such registration shall be exempt from all duties and taxes that may otherwise firearms with the FEO of the PNP in accordance with the type of license issued to any person
be levied on other authorized owners of firearms. For reason of national security, firearms of the under Section 9 of this Act.
Armed Forces of the Philippines (AFP), Coast Guard and other law enforcement agencies shall
only be reported to the FEO of the PNP. Section 12. License to Possess Ammunition Necessarily Included. – The licenses granted
to qualified citizens or juridical entities as provided in Section 9 of this Act shall include the
Section 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to license to possess ammunition with a maximum of fifty (50) rounds for each registered firearm:
carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly Provided; That the FEO of the PNP may allow more ammunition to be possessed by licensed
authorized representative to any qualified person whose life is under actual threat or his/her life sports shooters.
is in imminent danger due to the nature of his/her profession, occupation or business.
Section 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. –
It shall be the burden of the applicant to prove that his/her life is under actual threat by Any person desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof,
submitting a threat assessment certificate from the PNP. For purposes of this Act, the following or instruments and implements used or intended to be used in the manufacture of firearms, parts
professionals are considered to be in imminent danger due to the nature of their profession, of firearms or ammunition, shall make an application to:
occupation or business:
a. The Secretary of the Department of the Interior and Local Government (DILG) in the case of
 Members of the Philippine Bar; 
 an application for a license to manufacture; and
 Certified Public Accountants; 

 Accredited Media Practitioners; 
 b. The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
 Cashiers, Bank Tellers; 
 ammunition and gun repair.
 Priests, Ministers, Rabbi, Imams; 

 Physicians and Nurses; 
 The applicant shall state the amount of capitalization for manufacture or cost of the purchase
 Engineers; and 
 and sale of said articles intended to be transacted by such applicant; and the types of firms,
 Businessmen, who by the nature of their business or undertaking, are exposed 
 to ammunition or implements which the applicant intends to manufacture or purchase and sell
high risk of being targets of criminal elements. 
 under the license applied for; and such additional information as may be especially requested by
the Secretary of the DILG or the Chief of the PNP.
Section 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act
and payment of required fees to be determined by the Chief of the PNP, a qualified individual The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application
may be issued the appropriate license under the following categories; based on the prescribed guidelines. In the case of approval, the Secretary of the DILG or the

15
Chief of the PNP shall indicate the amount of the bond to be executed by the applicant before
the issuance of the license and the period of time by which said license shall be effective, unless
sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of
the DILG or the Chief of the PNP as the case may be, the same shall be transmitted to the FEO
of the PNP which shall issue the license in accordance with the approved terms and conditions,
upon the execution and delivery by the applicant of the required bond conditioned upon the
faithful compliance on the part of the licensee to the laws and regulations relative to the business
licensed.
Section 14. Scope of License to Manufacture Firearms and Ammunition. – The scope of the
License to Manufacture firearms and ammunition shall also include the following:
a. The authority to manufacture and assemble firearms, ammunition, spare parts and
accessories, ammunition components, and reloading of ammunitions, within sites, areas, and
factories stated therein. The Secretary of the DILG shall approve such license;
b. The license to deal in or sell all the items covered by the License to Manufacture, such as
parts, firearms or ammunition and components;
c. The authority to subcontract the manufacturing of parts and accessories necessary for the
firearms which the manufacturer is licensed to manufacture: Provided, That the subcontractor of
major parts or major components is also licensed to manufacture firearms and ammunition; and
d. The authority to import machinery, equipment, and firearm parts and ammunition components
for the manufacture thereof. Firearm parts and ammunition components to be imported shall,
however, be limited to those authorized to be manufactured as reflected in the approved License
to Manufacture. The Import Permit shall be under the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to import various reference firearms
needed to test the ammunition manufactured under the License to Manufacture. A licensed
manufacturer of firearms, on the other hand, is entitled to import various firearms for reference,
test and evaluation for manufacture of similar, types of firearms covered by the License to
Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished products
of firearms and ammunition. The Export Permit of firearms and ammunition shall be under the
administration of the PNP.
ILLEGAL POSSESSION OF EXPLOSIVES (PD 1866, AS AMENEDED BY RA 8294)
Introduction
The laws dealing with Illegal Possession of Firearms and Explosives are Republic Act No. 10951
which is the “Comprehensive Firearms and Ammunition Regulation Act” and Republic Act No.
9516, as amended. RA 10951 is the law which provides for the kinds of license required and the
procedure for the application of the license. It also provides for the prohibited acts that are
embraced in the law. On the other hand, R.A. 9516, as amended provides for illegal possession,
manufacture, acquisition, disposition of firearms, ammunition, or explosives.
Republic Act No. 9516
This law amended sections 3 and 4 of P.D. 1866, as amended. It expanded the scope of the
acts punishable related to the illegal/unlawful possession, manufacture, dealing in, acquisition or
disposition of firearms, ammunition, or explosives, and imposing stiffer penalties for certain
violations.
What are the ACTS PUNISHABLE under R.A. 9516?
Unlawful Manufacture, Sales, Acquisition, Disposition, Importation, or Possession of an
Explosive or Incendiary Device -
Manufacture, assemble, deal in, acquire, dispose, import or possess any explosive or
incendiary device, with knowledge of its existence and its explosive or incendiary character,
where the explosive or incendiary device is capable of producing destructive effect on
contiguous objects or causing injury or death to any person
Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of a Part,
Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the Manufacture,
Construction, Assembly, Delivery or Detonation - Manufacture, assemble, deal in, acquire,
dispose, import or possess any part, ingredient, machinery, tool or instrument of any explosive
or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, used or
intended to be used by that person for its manufacture, construction, assembly, delivery or
detonation, where the explosive or incendiary device is capable or is intended to be made
capable of producing destructive effect on contiguous objects or causing injury or death to any
person
l. FIRST MODE: Mere Possession - prima facie evidence that the person had knowledge of
the existence and the explosive or incendiary character of the device
However, when the possession is merely temporary, incidental, casual, harmless, or transient
possession or control of any explosive or incendiary device, without the knowledge of its
existence or its explosive or incendiary character, shall not be a violation of this Section OR
When the possession is merely temporary, incidental, casual, harmless, or transient possession
or control of any explosive or incendiary device for the sole purpose of surrendering it to the
proper authorities shall not be a violation of this Section.
In both cases, the Court may determine the absence of the intent to possess, otherwise referred
to as 'animus possidendi", in accordance with the facts and circumstances of each case and the
application of other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal
Code, as amended.
II. SECOND MODE: Mere Possession - by any person whose business activity,or employment
does not lawfully deal with the possession of such article shall be prima facie evidence that
such article is intended to be used by that person in the unlawful/illegal manufacture,
construction, assembly, delivery or detonation of an explosive or incendiary device.
However, when the possession is merely temporary incidental, casual, harmless or transient
possession or control without the knowledge of its existence or character shall not be a violation
of this Section OR
When the possession is merely temporary, incidental, casual, harmless, or transient possession
or control for the sole purpose of surrendering it to the proper authorities shall not be a violation
of this Section.
16
In both cases, the court may determine the absence of the intent to possess, otherwise referred
to as 'animus possidendi', in accordance with the facts and circumstances of each case and the
application of other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal
Code, as amended.
i. Penalty for the Owner, President, Manager, Director or Other Responsible Officer of Any
Public or Private Firm, Company, Corporation or Entity
willfully or knowingly allow any explosive or incendiary device or parts thereof owned or
controlled by such firm, company, corporation or entity to be used by any person or persons
found guilty of violating the provisions of the preceding paragraphs.
Criminal Liability for Planting of Evidence - Any person who is found guilty of 'planting'
evidence relating to this law shall suffer the penalty of reclusion perpetua.
Planting of evidence shall mean the willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching, directly or indirectly, through any overt or covert act,
whatever quantity of any explosive or incendiary device or any part, ingredient, machinery, tool
or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic,
electrical or otherwise in the person, house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating incriminating or imputing the commission of any violation
of this Decree.
went out of the country; then includes foreigners
PLANTING OF EVIDENCE
These are used against police officers for planting of evidence kunwari they frame up,
napagtripan nila isang tao kasi gabi na nasa sa kalye pa huhulihin
ka by virtue of a check point tapos wala kang drugs tapos lalagyan ka ng drugs sa loob 
 There is
a penalty where you can be charge of planting of evidence if you committed these acts
Protector: Ex: Madalas yung mga may posisyon. Yung mga mayor, judge police, military,
piskal.
 Pusher: nagbebenta ng drugs; transaction; contract of sale
 Use – addict
Includes party drugs
PLEA BARGAINING
The law now through a SC decision allow Plea Bargaining:
 Sec. 11 par. 3 on Possession of
Dangerous Drugs where quantity of shabu, opium, morphine, heroin, cocaine is less than 5
grams
 Sec. 11 par 3. On Possession of Dangerous Drugs where quantity of marijuana is less
than 300 grams
 Compared to the DOJ guideline- do not allow plea bargaining

According to the Rules on Criminal Procedure, plea bargaining should always be with the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2007 (RA 9165) conformity of the public prosecutor. Why: because you are compromising the
Process to catch a person under 9165:
 1. Buy Bust Operation (Police Operation)
 2. By penalty,
 discussion on the penalty is the people which is represented by the public prosecutor
Chance
 (Kunwari naglalakad si police may Nakita siyang akusado nakita niya na may white
substance sachet – you can arrest that person in a matter of inquest proceedings).
 Other SECTION 5
examples is pot session – naaktuhan ka
 3. By virtue of a search warrant
 (Apply for a search
warrant and if the court issue a search warrant you can of course do that and you need to
selling drug pushing
 Filed after legitimate police operation or buy-bust operation
comply under Section 126 of the Rules of Court in execution of the search warrant

No bail
 Buy-bust operation

This is the policy of the government to safeguard the integrity of the citizens; Police power of the
state.
Agree about how to do the police operations 

In recent drug operations, there are various human rights violations – In once case of the
Supreme Court, it laid down a very strict requirements to the law enforcers to follow so we can coordination with PDEA 

be sure that the integrity of the evidence has not been compromised.
Coordination form 

You would know that it is a dangerous drug must if it is listed under RA 9165.There are some
drugs, although they have medical purpose, if it is restricted, meaning to say the person issued Pre-operation report 

... possessed some drugs s2 (kunwari may gusto kayong pang pa kalma, hindi kayo makatulog.)
Other documentary requirements under Sec. 21 

Cultivated culture – more on marijuana
 Synthetic drugs – peke; hindi tinatanim – shabu kasi
ginagawa ng tao – hindi galing sa halaman or sa hayop
 Shabu tiangge – drug bazaar;
Preparation of buy-bust money- photocopied and entered 
 into police blotter and markings
on it 

How do you know if it is a Shabu tiangge?
Go to the target place with the confidential informer who 
 is not required to be revealed – it
if you do a raid by virtue of a search warrant then you noticed scattered paraphernalia, or traces will out the security of 
 the informer at risk
 As much as possible, NO PLEA
of drugs, take photos of it then classify because there are so many people coming in and out. BARGAINING
Then you can charge the person or the owner of the house as a maintainer of a drug den.
SECTION 11 
 Simple possession
 No bail- depends on the amount Pwede plea
Syndicate: ito lang ang two or more
 Illegal Trafficking – you transport drugs already; you bargaining

17
 SECTION 12 
 Drug paraphernalia 
 investigation of, or official proceedings in, criminal cases;
SECTION 13 Pot session / social gathering company / 3 or more persons Caught in
actual use of drugs
No need to include the paraphernalia because it is already included Is qualified
section 15 and not section 11
 No bail
SECTION 14 Recover drugs in the accompany of 3 or more persons 80K bail
SECTION 15 Use of drugs
 Decriminalized because of the rehabilitation program for 6
months for the first offense
Very difficult to determine whether it is the first offense or not
PROBLEMS
The police do not appear in court to testify
 Remedy of prosecution: to file a show
cause, or can be charged with the crime under RA 9165 if you do not cooperate with
the prosecution
FORENSIC EXAMINATION
Drugs are brought in crime laboratory for forensic examination:
 There is quantitative
and qualitative examination of drugs (determination of quantity and quality of the drugs
recovered from you)
PENALTY
depends upon what he committed and the quantity of drugs recovered
Why is the quantity important?
The penalty imposable will be dependent from the quantity of the drugs recovered
from the offender.
DRUG DEPENDENCY EXAMINATION (DDE)
a procedure conducted by a DOH-accredited physician to evaluate the extent of drug
abuse of a person and to determine whether he/she is a drug dependent or not.
 This
is needed before the consent of the prosecutor is given (for plea bargaining)
In patient: rehabilitation, no plea bargaining allowed
 Out patient: community-based,
comply with the guidelines


 soliciting, accepting, or agreeing to accept any benefit in consideration of
abstaining from, discounting, or impeding the prosecution of a criminal offender;


 threatening directly or indirectly another with the infliction of any wrong upon his
person, honor or property or that of any immediate member or members of his
family in order to prevent such person from appearing in the investigation of, or
official proceedings in, criminal cases, or imposing a condition, whether 

 lawful or unlawful, in order to prevent a person from appearing in the
 investigation of or in official proceedings in, criminal cases
 i. giving of false or
fabricated information to mislead or prevent the law
 enforcement agencies from apprehending the offender or from protecting the life
or property of the victim; or fabricating information from the data gathered in
confidence by investigating authorities for purposes of background information
and not for publication and publishing or disseminating the same
CYBERCRIME PREVENTION ACT OF 2012 (RA 10175)
Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.
Cybercrime refers to a criminal activity carried out using computers or the internet.
OFFENSES LIABLE
Offenses against the confidentiality, integrity and availability of computer data and
systems:

OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS (PD (1) Illegal Access. – The access to the whole or any part of a computer system without right.
1829)
Acts Punishable
(2) Illegal Interception. – The interception made by technical means without right of any non-public
The following acts of any person who knowingly or willfully obstructs, impedes, frustrates or
transmission of computer data to, from, or within a computer system including electromagnetic
delays the apprehension of suspects and the investigation and prosecution of criminal cases
emissions from a computer system carrying such computer data.
shall be punished:

 preventing witnesses from testifying in any criminal proceeding or from reporting (3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration
the commission of any offense or the identity of any offender/s by means of of computer data, electronic document, or electronic data message, without right, including the
bribery, misrepresentation, deceit, intimidation, force or threats; 
 introduction or transmission of viruses.
 altering, destroying, suppressing or concealing any paper, record, document, or
object, with intent to impair its verity, authenticity, legibility, availability, or (4) System Interference. — The intentional alteration or reckless hindering or interference with the
admissibility as evidence in any investigation of or official proceedings in, criminal functioning of a computer or computer network by inputting, transmitting, damaging, deleting,
cases, or to be used in the investigation of, or official proceedings in, criminal deteriorating, altering or suppressing computer data or program, electronic document, or
cases; 
 electronic data message, without right or authority, including the introduction or transmission of
 harboring or concealing, or facilitating the escape of, any person he knows, or viruses.
has reasonable ground to believe or suspect, has committed any offense under
existing penal laws in order to prevent his arrest prosecution and conviction; 

 publicly using a fictitious name for the purpose of concealing a crime, evading (5) Misuse of Devices.
prosecution or the execution of a judgment, or concealing his true name and
other personal circumstances for the same purpose or purposes; 
 (i) The use, production, sale, procurement, importation, distribution, or otherwise making available,
 delaying the prosecution of criminal cases by obstructing the service of process without right, of:
or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or
in the courts; 

(aa) A device, including a computer program, designed or adapted primarily for the purpose of
 making, presenting or using any record, document, paper or object with
committing any of the offenses under this Act; or
knowledge of its falsity and with intent to affect the course or outcome of the
18
(bb) A computer password, access code, or similar data by which the whole or any part of a
computer system is capable of being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use
said devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if such a domain name
is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a
personal name; and
(iii) Acquired without right or with intellectual property interests in it.
Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data
with the intent that it be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as
defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or
program or interference in the functioning of a computer system, causing damage thereby with
fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another, whether natural
or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable
shall be one (1) degree lower.
Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly,
of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system,
for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act
No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer
system: Provided, That the penalty to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic
communication with the use of computer system which seek to advertise, sell, or offer for sale
products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative announcements
from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial electronic messages (opt-out) from the same
source;
(bb) The commercial electronic communication does not purposely disguise the source of the
electronic message; and
(cc) The commercial electronic communication does not purposely include misleading information
in any part of the message in order to induce the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal
Code, as amended, committed through a computer system or any other similar means which may
be devised in the future.
Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids
in the commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any
of the offenses enumerated in this Act shall be held liable.
Jurisdiction: RTC of the province or city where the cybercrime was committed or where any part
of the computer system is situated or where any of the damage caused to a natural or juridical
person took place
ENFORCEMENT: NBI & PNP
THE PHILIPPINE COMPETITION ACT (RA 10667)
Law: prevents firms from unfairly excluding other firms from playing which would cause the
lessening of competition. Firms cannot dictate the selling price by withholding or controlling
supply.
Jurisdiction: Philippine Competition Commission
Prohibited Acts:
 Anti-Competitive Agreements [Sec. 14]
19
Agreements between or among competitors are per prohibited (Section 14a)
 purchase of other goods or services from the supplier which have no direct
 Restricting competition as to price, or components, or other terms connection with the main goods or services supplied. (Section 15f)

of trade; and 
 o 7. Direct or indirectly imposing unfairly low purchase price for the goods or
 Fixing price at an auction or any of formof bidding, including over- services of marginalized agricultural producers, fisher folk, micro and small
bidding, bid suppression, bid rotation and market allocation, bid medium enterprises (MSME), and other marginalized service providers and
manipulation 
 producers.; (Section 15 g)
o 8. Directly or indirectly imposing unfair purchase or selling price on their
Agreements between or among competitors which have the object or effect of substantially competitors, customers, suppliers, customers. Provided that prices that
preventing, restricting, or lessening competition shall be prohibited (Section 14b) develop in the market as a result of or due to a superior product or process,

 business acumen, or legal rights or laws that shall not be considered as
1) Setting, limiting, controlling production, markets, technical development, investment; 
 unfair prices. (Section 15 h)
2) Dividing or sharing the market, whether by volume of sales or purchases, territory, type
of goods or services, buyers or sellers, or any other means. 
  Anti-Competitive Mergers and Acquisitions [Sec. 20]
 Abuse of dominant position [Sec. 15] o Refer to those mergers and acquisitions that substantially prevent, restrict or
o Prohibit one or more entities abuse their dominant position by engaging in a lessen competition. [Section 20]
conduct that would substantially prevent, restrict, or lessen competition.
[Section 15] General Rule: Merger or acquisition agreements that substantially prevent, restrict or
lessen competition in the relevant market or in the market for goods or services as
o Selling goods or services below cost with the object of driving competition may be determined by the Commission shall be prohibited. [Sec. 20]
out of the market; It shall consider whether the entity or entities involved
have no such object and the price established was in good faith to meet or Exception to the Rule: Merger or acquisition agreement prohibited under Section 20
compete with the lower price of a competitor in the same marketing selling of this Chapter may, nonetheless, be exempt from prohibition by the Commission
comparable products. (Section 15a) 
 when the parties establish either of the following:

o Imposing barriers to entry or committing acts that prevent competitors
growing within the market in an anti-competitive manner. Except those that
develop in the market as a result of or arising from a superior product or
process, business acumen, legal rights or laws. (Section 15b) 

o Making a transaction subject to acceptance of others which by nature or
according to commercial usage, have no connection with the transaction.
(Section 15c) 

o Setting prices or conditions that discriminate unreasonably between
customers or sellers of the same goods or services. (Section 15d) 
 the information specified in the regulations to be issued by the PCC.
a) The concentration has brought about or is likely to bring about gains in
efficiencies that are greater than the effects of any limitation on competition
that result or likely to result from the merger or acquisition agreement; or 

b) A party to the merger or acquisition agreement is faced with actual or
imminent financial failure, and the agreement represents the least anti-
competitive arrangement among the known alternative uses for the failing
entity’s assets: 

c) Parties to mergers or acquisitions, the transaction value of which
exceeds Php1 Billion are prohibited from consummating the same until thirty
(30) days after the PCC has been notified thereof in the form and containing



Other Prohibited Act[s]:

o Permissible price differentials include:
 1. socialized pricing for the less
fortunate sector of the economy;
 2. reflect differences in cost of
manufacture, sale, delivery resulting from differing methods, technical
conditions, 
 quantities in which the goods or services are sold or delivered
to the buyers;
 3. Response to competitive price of payments, services, or
changes in the facilities furnished by a competitor. 4. Price changes in
response to changing market condition, marketability of goods and services,
or volume 
 Imposing restriction on the lease or contract for sale of goods or
services, concerning where, to whom, or in what for goods ad services may
be sold or traded, such as fixing prices, giving preferential discounts or
rebate upon such price, imposing conditions not to deal with competing
entities, where the object or effect is restrictions is to prevent, restrict or
lessen competition substantially. (Section 15e) 
 1. Not being authorized by all the parties to any private communication or spoken word,
o 6. Making supply of particular goods or services dependent upon the
Parties to mergers or acquisitions, the transaction value of which exceeds Php1 Billion
are prohibited from consummating the same until thirty (30) days after the PCC has
been notified thereof in the form and containing the information specified in the
regulations to be issued by the PCC. [Section 17]
Failure to comply with such notification requirement renders the merger or acquisition
void and the parties thereto liable to pay an administrative fine equivalent to 1%-5% of
the transaction value. [id]
ANTI WIRE TAPPING LAW (RA 6235)
PUNISHABLE ACTS
by tapping any wire or cable, or by using any other device or arrangement, by secretly
overhearing, intercepting, or recording such communication or spoken word

20
Sec. 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 detectaphone or walkie-talkie
or tape recorder, or however otherwise described.
The law refers to a "tap" of a wire or cable or the use of a "device or arrangement" for the
purpose of secretly overhearing, intercepting, or recording the communication. There must be
either a physical interruption through a wiretap or the deliberate installation of a device or
arrangement in order to overhear, intercept, or record the spoken words. An extension telephone
cannot be placed in the same category as a dictaphone, dictagraph or the other devices
enumerated in Section 1 of RA No. 4200 as the use thereof cannot be considered as "tapping"
the wire or cable of a telephone line. The telephone extension in this case was not installed for
that purpose. It just happened to be there for ordinary office use. It is a rule in statutory
construction that in order to determine the true intent of the legislature, the particular clauses
and phrases of the statute should not be taken as detached and isolated expressions, but the
whole and every part thereof must be considered in fixing the meaning of any of its parts.
The phrase "device or arrangement" in Section 1 of RA No. 4200, although not exclusive to that
enumerated therein, should be construed to comprehend instruments of the same or similar
nature, that is, instruments the use of which would be tantamount to tapping
the main line of a telephone. It refers to instruments whose installation or presence cannot be
presumed by the party or parties being overheard because, by their very nature, they are not of
common usage and their purpose is precisely for tapping, intercepting or recording a telephone
conversation.
The provision clearly and unequivocally makes it illegal for any person, not authorized by all the
parties to any private communication to secretly record such communication by means of a tape
recorder. The law makes no distinction as to whether the party sought to be penalized by the
statute ought to be a party other than or different from those involved in the private
communication. The statute's intent to penalize all persons unauthorized to make such recording
is underscored by the use of the qualifier "any". Consequently, even a person privy to a
communication who records his private conversation with another without the knowledge of the
latter will qualify as a violator" under this provision of R.A. 4200.
The nature of the conversations is immaterial to a violation of the statute. The substance of the
same need not be specifically alleged in the information. What R.A. 4200 penalizes are the acts
of secretly overhearing, intercepting or recording private communications by means of the
devices enumerated therein. The mere allegation that an individual made a secret recording of a
private communication by means of a tape recorder would suffice to constitute an offense under
Section 1 of R.A. 4200.
2. By knowingly possessing any tape record, wire record, disc record, or any other such
record, or copies thereof, or any tapped or recorded private communication or spoken
word unauthorized by all the parties thereto, be he a participant or not, or by replaying the
same for any other person or persons; or by communicating the contents thereof, either
verbally or in writing, or by furnishing transcriptions thereof, whether complete or partial,
to any other person.
EXCEPTION
The use of such record or any copies thereof by any peace officer, who is authorized by a
written order of the court, as evidence in any civil, criminal investigation, or trial of the following
offenses: 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.
EXCLUSIONARY RULE
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.
(Sec. 4)
RECENT DEVELOPMENT
The House of Representatives approved on third and final reading on November 26, 2018 a bill
amending the Anti-Wiretapping Law by including the ban on the use of electronic devices to
intercept or record private conversations. With 216 affirmative votes and zero
negatives, the chamber approved House Bill 8378 which amends RA 4200 or the Anti-
Wiretapping Act.
If enacted, the measure will prohibit the tapping, intercepting or recording any "oral, wire, radio,
digital or electronic" provide communication using "any electronic, mechanical, digital or analog
phone system, or similar devices." The measure also imposes stiffer penalties on the violators of
its provisions, who will now face imprisonment of not less than six months to a maximum of six
years without probation.
At the same time, the bill also amends a section in the Anti-Wiretapping Law to allow law
enforcement officers to do wiretapping activities on the following cases:
★ Violation of the Dangerous Drugs Act 

★ Coup d'etat, Conspiracy and Proposal to Commit Coup d'etat, Robbery
in Band 

★ Violation of the Anti-Piracy and Anti-Highway Robbery Law 

★ Violation of the Anti-Graft and Corrupt Practices Act 

★ Syndicated Illegal Recruitment 

★ Violation of the Anti-Money Laundering Act 

ANTI FENCING LAW (PD 1612)
Definition of Terms
21
“Fencing"- the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value which he knows, or should be known
to him, to have been derived from the proceeds of the crime of robbery or theft.
"Fence" - any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.
Commission of the Crime
Apart from the culprit or perpetrator, liability shall also attach to those who are the president or
managers of the business if the fence is a partnership, firm, corporation or association thereof
who knows or should have known the commission of the offense
Mere possession of any good, article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of fencing.
Under the law, all stores, establishments or entities dealing in the buy and sell of any good,
article item, object of anything of value obtained from an unlicensed dealer or supplier thereof,
shall before offering the same for sale, secure the necessary clearance or permit from the
station commander of the Integrated National Police in the town or city where such store,
establishment or entity is located.
The Chief of Constabulary/Director General, Integrated National Police shall promulgate such
rules and regulations to carry out the provisions of this section. Any person who fails to secure
the clearance or permit required by this section or who violates any of the provisions of the rules
and regulations promulgated thereunder shall upon conviction be punished as a fence.
Permit or Clearance
No person shall sell or offer to sell to the public any used secondhand article without first
securing a clearance or permit for the purpose from the proper Station Commander of the
Integrated National Police.
If the person seeking the clearance or permit is a partnership, firm, corporation, or association or
group of individuals, the clearance or permit shall be obtained by or in the name of the president,
manager or other responsible officer-in-charge thereof.
If a store, firm, corporation, partnership, association or other establishment or entity has a
branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary
for sale to the public, the said branch or subsidiary shall secure the required clearance or permit.
Any goods, article, item, or object or anything of value acquired from any source for which no
receipt or equivalent document evidencing the legality of its acquisition could be presented by
the present possessor or holder thereof, or the covering receipt, or equivalent document, of
which is fake, falsified or irregularly obtained, shall be presumed
as having been acquired from an unlicensed dealer or supplier and the possessor or holder
thereof must secure the required clearance or permit before the same can be sold or offered for
sale to the public.
The owner of a store or the president, manager or responsible officer-in-charge of a firm,
establishment or other entity located within their respective jurisdictions and in possession of or
having in stock used secondhand articles as defined herein is required to submit an initial
affidavit within thirty (30) days from receipt of notice for the purpose thereof and subsequent
affidavits once every fifteen (15) days within five (5) days after the period covered,
The Station Commander, in the exercise of his Discretionary Powers, may require the movant
additional information and data regarding the legitimacy of the acquisition of their goods.
The applicant must state in his affidavit, the addresses of his/her company or business and that
of the unlicensed dealer who sold such items to them. The applicant must also show the legality
of their acquisition by providing the details as to their acquisition from unlicensed dealers and
where such is being stored. The application must be submitted and substantiated by clear
documents such as official receipts or invoices.
In case the legitimacy of acquisition of any article from an unlicensed source cannot be
satisfactorily established by the documents presented, the Station Commander shall, upon
approval of the INP Superintendent in the district and at the expense of the party seeking the
clearance/permit, cause the publication of a notice in a newspaper of general circulation for two
(2) successive days enumerating therein the articles acquired from an unlicensed dealer or
supplier, the names and addresses of the persons from whom they were acquired and shall
state that such articles are to be sold or offered for sale to the public at the address of the store,
establishment or other entity seeking the clearance/permit.
In places where no newspapers are in general circulation, the party seeking the clearance or
permit shall, instead, post a notice daily for one week on the bulletin board of the municipal
building of the town where the store, firm, establishment or entity concerned is located or, in the
case of an individual, where the articles in his possession are to be sold or offered for sale.
After 15 days upon the expiration of the publication, if no claim was made against the applicant,
a permit shall be issued by the Station Commander
 In case there is a claim that the said items
were stolen, the Station Commander shall hold the said items in restraint for the prosecution of
the crime/offense and shall also be made accountable for it under his care. The Station
Commander must advice the Commission on Audit regarding the said restraint. The Station
Commander shall decide on the application within 72 days from receipt thereof.
I. Prescription of violations of Special Penal Law (Act No. 3326)
Section 1. Violations penalized by special acts shall, unless otherwise provided in such acts,
prescribe in accordance with the following rules: (a) after a year for offenses punished only by a
fine or by imprisonment for not more than one month, or both; (b) after four years for those
punished by imprisonment for more than one month, but less than two years; (c) after eight
years for those punished by imprisonment for two years or more, but less than six years; and (d)
after twelve years for any other offense punished by imprisonment for six years or more, except
the crime of treason, which shall prescribe after twenty years. Violations penalized by municipal
ordinances shall prescribe after two months.
Sec. 2. Prescription shall begin to run from the day of the commission of the violation of the law,
and if the same be not known at the time, from the discovery thereof and the institution of judicial
proceeding for its investigation and punishment.
The prescription shall be interrupted when proceedings are instituted against the guilty person,
and shall begin to run again if the proceedings are dismissed for reasons not constituting
jeopardy.
Sec. 3. For the purposes of this Act, special acts shall be acts defining and penalizing violations
of the law not included in the Penal Code.
22
23