CRIMINAL LAW 2 SPL - Tolentino background information and not for publication and publishing or

disseminating the same to mislead the investigator or to the court.

If any of the acts mentioned herein is penalized by any other law with a higher
PRESIDENTIAL DECREE No. 1829 penalty, the higher penalty shall be imposed.
PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION Section 2. If any of the foregoing acts is committed by a public official or
OF CRIMINAL OFFENDERS employee, he shall in addition to the penalties provided thereunder, suffer perpetual
WHEREAS, crime and violence continue to proliferate despite the sustained disqualification from holding public office.
vigorous efforts of the government to effectively contain them; Section 3. This Decree shall take effect immediately.
WHEREAS, to discourage public indifference or apathy towards the apprehension
Done in the City of Manila, this 16th day of January, in the year of Our Lord,
and prosecution of criminal offenders, it is necessary to penalize acts which obstruct
nineteen hundred and eighty-one.
or frustrate or tend to obstruct or frustrate the successful apprehension and
prosecution of criminal offenders;

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

by virtue of the powers vested in me by law do hereby decree and order the
following:

Section 1. The penalty of prision correccional in its maximum period, or a fine REPUBLIC ACT No. 4200
ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER
knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION,
suspects and the investigation and prosecution of criminal cases by committing any AND FOR OTHER PURPOSES.
of the following acts:
Section 1. It shall be unlawful for any person, not being authorized by all the
(a) preventing witnesses from testifying in any criminal proceeding or parties to any private communication or spoken word, to tap any wire or cable, or
from reporting the commission of any offense or the identity of any by using any other device or arrangement, to secretly overhear, intercept, or record
offender/s by means of bribery, misrepresentation, deceit, intimidation, such communication or spoken word by using a device commonly known as a
force or threats; dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or
(b) altering, destroying, suppressing or concealing any paper, record, however otherwise described:
document, or object, with intent to impair its verity, authenticity, It shall also be unlawful for any person, be he a participant or not in the act or acts
legibility, availability, or admissibility as evidence in any investigation of penalized in the next preceding sentence, to knowingly possess any tape record,
or official proceedings in, criminal cases, or to be used in the wire record, disc record, or any other such record, or copies thereof, of any
investigation of, or official proceedings in, criminal cases; communication or spoken word secured either before or after the effective date of
(c) harboring or concealing, or facilitating the escape of, any person he this Act in the manner prohibited by this law; or to replay the same for any other
knows, or has reasonable ground to believe or suspect, has committed any person or persons; or to communicate the contents thereof, either verbally or in
offense under existing penal laws in order to prevent his arrest writing, or to furnish transcriptions thereof, whether complete or partial, to any
other person: Provided, That the use of such record or any copies thereof as
prosecution and conviction;
evidence in any civil, criminal investigation or trial of offenses mentioned in
(d) publicly using a fictitious name for the purpose of concealing a crime, section 3 hereof, shall not be covered by this prohibition.
evading prosecution or the execution of a judgment, or concealing his
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or
true name and other personal circumstances for the same purpose or
cause to be done any of the acts declared to be unlawful in the preceding section or
purposes;
who violates the provisions of the following section or of any order issued
(e) delaying the prosecution of criminal cases by obstructing the service thereunder, or aids, permits, or causes such violation shall, upon conviction thereof,
of process or court orders or disturbing proceedings in the fiscal's offices, be punished by imprisonment for not less than six months or more than six years
in Tanodbayan, or in the courts; and with the accessory penalty of perpetual absolute disqualification from public
office if the offender be a public official at the time of the commission of the
(f) making, presenting or using any record, document, paper or object
offense, and, if the offender is an alien he shall be subject to deportation
with knowledge of its falsity and with intent to affect the course or
proceedings.
outcome of the investigation of, or official proceedings in, criminal cases;
Section 3. Nothing contained in this Act, however, shall render it unlawful or
(g) soliciting, accepting, or agreeing to accept any benefit in punishable for any peace officer, who is authorized by a written order of the Court,
consideration of abstaining from, discounting, or impeding the to execute any of the acts declared to be unlawful in the two preceding sections in
prosecution of a criminal offender; cases involving the crimes of treason, espionage, provoking war and disloyalty in
(h) threatening directly or indirectly another with the infliction of any case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to
wrong upon his person, honor or property or that of any immediate commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition,
member or members of his family in order to prevent such person from inciting to sedition, kidnapping as defined by the Revised Penal Code, and
appearing in the investigation of, or official proceedings in, criminal violations of Commonwealth Act No. 616, punishing espionage and other offenses
cases, or imposing a condition, whether lawful or unlawful, in order to against national security: Provided, That such written order shall only be issued or
prevent a person from appearing in the investigation of or in official granted upon written application and the examination under oath or affirmation of
proceedings in, criminal cases; the applicant and the witnesses he may produce and a showing: (1) that there are
reasonable grounds to believe that any of the crimes enumerated hereinabove has
(i) giving of false or fabricated information to mislead or prevent the law been committed or is being committed or is about to be committed: Provided,
enforcement agencies from apprehending the offender or from protecting however, That in cases involving the offenses of rebellion, conspiracy and proposal
the life or property of the victim; or fabricating information from the data to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition,
gathered in confidence by investigating authorities for purposes of and inciting to sedition, such authority shall be granted only upon prior proof that a
rebellion or acts of sedition, as the case may be, have actually been or are being prejudicial their development; provide sanctions for their commission and carry out
committed; (2) that there are reasonable grounds to believe that evidence will be a program for prevention and deterrence of and crisis intervention in situations of
obtained essential to the conviction of any person for, or to the solution of, or to the child abuse, exploitation and discrimination. The State shall intervene on behalf of
prevention of, any of such crimes; and (3) that there are no other means readily the child when the parent, guardian, teacher or person having care or custody of the
available for obtaining such evidence. child fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the said parent,
The order granted or issued shall specify: (1) the identity of the person or persons
guardian, teacher or person having care and custody of the same.1awphi1@alf
whose communications, conversations, discussions, or spoken words are to be
overheard, intercepted, or recorded and, in the case of telegraphic or telephonic It shall be the policy of the State to protect and rehabilitate children gravely
communications, the telegraph line or the telephone number involved and its threatened or endangered by circumstances which affect or will affect their survival
location; (2) the identity of the peace officer authorized to overhear, intercept, or and normal development and over which they have no control.
record the communications, conversations, discussions, or spoken words; (3) the
offense or offenses committed or sought to be prevented; and (4) the period of the The best interests of children shall be the paramount consideration in all actions
authorization. The authorization shall be effective for the period specified in the concerning them, whether undertaken by public or private social welfare
order which shall not exceed sixty (60) days from the date of issuance of the order, institutions, courts of law, administrative authorities, and legislative bodies,
unless extended or renewed by the court upon being satisfied that such extension or consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to
renewal is in the public interest.
promote the welfare of children and enhance their opportunities for a useful and
All recordings made under court authorization shall, within forty-eight hours after happy life.
the expiration of the period fixed in the order, be deposited with the court in a sealed
envelope or sealed package, and shall be accompanied by an affidavit of the peace Section 3. Definition of Terms. –
officer granted such authority stating the number of recordings made, the dates and (a) "Children" refers to person below eighteen (18) years of age or those
times covered by each recording, the number of tapes, discs, or records included in over but are unable to fully take care of themselves or protect
the deposit, and certifying that no duplicates or copies of the whole or any part themselves from abuse, neglect, cruelty, exploitation or discrimination
thereof have been made, or if made, that all such duplicates or copies are included in because of a physical or mental disability or condition;
the envelope or package deposited with the court. The envelope or package so
deposited shall not be opened, or the recordings replayed, or used in evidence, or (b) "Child abuse" refers to the maltreatment, whether habitual or not, of
their contents revealed, except upon order of the court, which shall not be granted the child which includes any of the following:
except upon motion, with due notice and opportunity to be heard to the person or
(1) Psychological and physical abuse, neglect, cruelty, sexual
persons whose conversation or communications have been recorded.
abuse and emotional maltreatment;
The court referred to in this section shall be understood to mean the Court of First
(2) Any act by deeds or words which debases, degrades or
Instance within whose territorial jurisdiction the acts for which authority is applied
demeans the intrinsic worth and dignity of a child as a human
for are to be executed.
being;
Section 4. Any communication or spoken word, or the existence, contents, substance,
(3) Unreasonable deprivation of his basic needs for survival,
purport, effect, or meaning of the same or any part thereof, or any information
such as food and shelter; or
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, (4) Failure to immediately give medical treatment to an
legislative or administrative hearing or investigation. injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death.
Section 5. All laws inconsistent with the provisions of this Act are hereby repealed
or accordingly amended. (c) "Circumstances which gravely threaten or endanger the survival and
normal development of children" include, but are not limited to, the
Section 6. This Act shall take effect upon its approval.
following;
Approved: June 19, 1965
(1) Being in a community where there is armed conflict or
being affected by armed conflict-related activities;

(2) Working under conditions hazardous to life, safety and

normal which unduly interfere with their normal
development;
Republic Act No. 7610 June 17, 1992 (3) Living in or fending for themselves in the streets of urban
or rural areas without the care of parents or a guardian or
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
basic services needed for a good quality of life;
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES (4) Being a member of a indigenous cultural community
Be it enacted by the Senate and House of Representatives of the Philippines in and/or living under conditions of extreme poverty or in an
area which is underdeveloped and/or lacks or has inadequate
Congress assembled::
access to basic services needed for a good quality of life;
ARTICLE I
(5) Being a victim of a man-made or natural disaster or
Title, Policy, Principles and Definitions of Terms
calamity; or
Section 1. Title. – This Act shall be known as the "Special Protection of Children
(6) Circumstances analogous to those abovestated which
Against Abuse, Exploitation and Discrimination Act."
endanger the life, safety or normal development of children.
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be
the policy of the State to provide special protection to children from all firms of
abuse, neglect, cruelty exploitation and discrimination and other conditions,
 (d) "Comprehensive program against child abuse, exploitation and cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
discrimination" refers to the coordinated program of services and establishments, vessel, vehicle or any other hidden or secluded area under
facilities to protected children against: circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
(1) Child Prostitution and other sexual abuse;
There is also an attempt to commit child prostitution, under paragraph (b) of
(2) Child trafficking; Section 5 hereof when any person is receiving services from a child in a sauna
(3) Obscene publications and indecent shows; parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated felony
(4) Other acts of abuses; and under Section 5 hereof shall be imposed upon the principals of the attempt to
commit the crime of child prostitution under this Act, or, in the proper case, under
(5) Circumstances which threaten or endanger the survival and
the Revised Penal Code.
normal development of children.1awphi1Ÿ
ARTICLE IV
ARTICLE II
Child Trafficking
Program on Child Abuse, Exploitation and Discrimination
Section 7. Child Trafficking. – Any person who shall engage in trading and
Section 4. Formulation of the Program. – There shall be a comprehensive program
dealing with children including, but not limited to, the act of buying and selling of a
to be formulated, by the Department of Justice and the Department of Social Welfare
child for money, or for any other consideration, or barter, shall suffer the penalty of
and Development in coordination with other government agencies and private sector
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
concerned, within one (1) year from the effectivity of this Act, to protect children
maximum period when the victim is under twelve (12) years of age.
against child prostitution and other sexual abuse; child trafficking, obscene
publications and indecent shows; other acts of abuse; and circumstances which Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit
endanger child survival and normal development. child trafficking under Section 7 of this Act:1awphi1@alf

ARTICLE III (a) When a child travels alone to a foreign country without valid reason
Child Prostitution and Other Sexual Abuse therefor and without clearance issued by the Department of Social
Welfare and Development or written permit or justification from the
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
child's parents or legal guardian;
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious (c) When a person, agency, establishment or child-caring institution
conduct, are deemed to be children exploited in prostitution and other sexual abuse. recruits women or couples to bear children for the purpose of child
trafficking; or
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed upon the following: (d) When a doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person simulates birth for the
(a) Those who engage in or promote, facilitate or induce child
purpose of child trafficking; or
prostitution which include, but are not limited to, the following:
(e) When a person engages in the act of finding children among low-
(1) Acting as a procurer of a child prostitute;
income families, hospitals, clinics, nurseries, day-care centers, or other
(2) Inducing a person to be a client of a child prostitute by child-during institutions who can be offered for the purpose of child
means of written or oral advertisements or other similar means; trafficking.

(3) Taking advantage of influence or relationship to procure a A penalty lower two (2) degrees than that prescribed for the consummated felony
child as prostitute; under Section 7 hereof shall be imposed upon the principals of the attempt to
commit child trafficking under this Act.
(4) Threatening or using violence towards a child to engage
him as a prostitute; or ARTICLE V
Obscene Publications and Indecent Shows
(5) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in Section 9. Obscene Publications and Indecent Shows. – Any person who shall
prostitution. hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or model in obscene
(b) Those who commit the act of sexual intercourse of lascivious conduct publications or pornographic materials or to sell or distribute the said materials
with a child exploited in prostitution or subject to other sexual abuse; shall suffer the penalty of prision mayor in its medium period.
Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape If the child used as a performer, subject or seller/distributor is below twelve (12)
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, years of age, the penalty shall be imposed in its maximum period.
for rape or lascivious conduct, as the case may be: Provided, That the
Any ascendant, guardian, or person entrusted in any capacity with the care of a
penalty for lascivious conduct when the victim is under twelve (12) years
child who shall cause and/or allow such child to be employed or to participate in an
of age shall be reclusion temporal in its medium period; and
obscene play, scene, act, movie or show or in any other acts covered by this section
(c) Those who derive profit or advantage therefrom, whether as manager shall suffer the penalty of prision mayor in its medium period.
or owner of the establishment where the prostitution takes place, or of the
ARTICLE VI
sauna, disco, bar, resort, place of entertainment or establishment serving
Other Acts of Abuse
as a cover or which engages in prostitution in addition to the activity for
which the license has been issued to said establishment. Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development. –
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit
child prostitution under Section 5, paragraph (a) hereof when any person who, not (a) Any person who shall commit any other acts of child abuse, cruelty
being a relative of a child, is found alone with the said child inside the room or or exploitation or to be responsible for other conditions prejudicial to the
 child's development including those covered by Article 59 of Presidential or special laws. A sign with the words "off limits" shall be conspicuously displayed
Decree No. 603, as amended, but not covered by the Revised Penal Code, outside the establishments or enterprises by the Department of Social Welfare and
as amended, shall suffer the penalty of prision mayor in its minimum Development for such period which shall not be less than one (1) year, as the
period. Department may determine. The unauthorized removal of such sign shall be
punishable by prision correccional.
(b) Any person who shall keep or have in his company a minor, twelve
(12) years or under or who in ten (10) years or more his junior in any An establishment shall be deemed to promote or facilitate child prostitution and
public or private place, hotel, motel, beer joint, discotheque, cabaret, other sexual abuse, child trafficking, obscene publications and indecent shows, and
pension house, sauna or massage parlor, beach and/or other tourist resort other acts of abuse if the acts constituting the same occur in the premises of said
or similar places shall suffer the penalty of prision mayor in its maximum establishment under this Act or in violation of the Revised Penal Code, as amended.
period and a fine of not less than Fifty thousand pesos (P50,000): An enterprise such as a sauna, travel agency, or recruitment agency which:
Provided, That this provision shall not apply to any person who is related promotes the aforementioned acts as part of a tour for foreign tourists; exhibits
within the fourth degree of consanguinity or affinity or any bond children in a lewd or indecent show; provides child masseurs for adults of the same
recognized by law, local custom and tradition or acts in the performance or opposite sex and said services include any lascivious conduct with the customers;
of a social, moral or legal duty. or solicits children or activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
(c) Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as ARTICLE VIII
provided in the preceding paragraph shall suffer the penalty of prision Working Children
mayor in its medium period and a fine of not less than Forty thousand
Section 12. Employment of Children. – Children below fifteen (15) years of age
pesos (P40,000); Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to be imposed may be employed except:
shall be prision mayor in its maximum period, a fine of not less than Fifty (1) When a child works directly under the sole responsibility of his
thousand pesos (P50,000), and the loss of parental authority over the parents or legal guardian and where only members of the employer's
minor. family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal
(d) Any person, owner, manager or one entrusted with the operation of
development: Provided, further, That the parent or legal guardian shall
any public or private place of accommodation, whether for occupancy,
provide the said minor child with the prescribed primary and/or
food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor herein secondary education; or
described shall be imposed a penalty of prision mayor in its medium (2) When a child's employment or participation in public &
period and a fine of not less than Fifty thousand pesos (P50,000), and the entertainment or information through cinema, theater, radio or television
loss of the license to operate such a place or establishment. is essential: Provided, The employment contract concluded by the child's
(e) Any person who shall use, coerce, force or intimidate a street child or parent or guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and Employment:
any other child to;
Provided, That the following requirements in all instances are strictly
(1) Beg or use begging as a means of living; complied with:

(2) Act as conduit or middlemen in drug trafficking or pushing; (a) The employer shall ensure the protection, health, safety and morals
or of the child;

(3) Conduct any illegal activities, shall suffer the penalty of (b) the employer shall institute measures to prevent the child's
prision correccional in its medium period to reclusion perpetua. exploitation or discrimination taking into account the system and level
of remuneration, and the duration and arrangement of working time; and;
For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as (c) The employer shall formulate and implement, subject to the approval
amended, the Revised Penal Code, for the crimes of murder, homicide, other and supervision of competent authorities, a continuing program for
intentional mutilation, and serious physical injuries, respectively, shall be reclusion training and skill acquisition of the child.
perpetua when the victim is under twelve (12) years of age. The penalty for the
In the above exceptional cases where any such child may be employed, the
commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815,
employer shall first secure, before engaging such child, a work permit from the
as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
Department of Labor and Employment which shall ensure observance of the above
lasciviousness with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than that imposed by requirement.
law when the victim is under twelve (12) years age. The Department of Labor Employment shall promulgate rules and regulations
The victim of the acts committed under this section shall be entrusted to the care of necessary for the effective implementation of this Section.
the Department of Social Welfare and Development. Section 13. Non-formal Education for Working Children. – The Department of
Education, Culture and Sports shall promulgate a course design under its non-
ARTICLE VII
formal education program aimed at promoting the intellectual, moral and
Sanctions for Establishments or Enterprises
vocational efficiency of working children who have not undergone or finished
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, elementary or secondary education. Such course design shall integrate the learning
or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, process deemed most effective under given circumstances.
Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of
Abuse. – All establishments and enterprises which promote or facilitate child Section 14. Prohibition on the Employment of Children in Certain
prostitution and other sexual abuse, child trafficking, obscene publications and Advertisements. – No person shall employ child models in all commercials or
indecent shows, and other acts of abuse shall be immediately closed and their advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
authority or license to operate cancelled, without prejudice to the owner or manager byproducts and violence.
thereof being prosecuted under this Act and/or the Revised Penal Code, as amended,
Section 15. Duty of Employer. – Every employer shall comply with the duties (e) Public infrastructure such as schools, hospitals and rural health units
provided for in Articles 108 and 109 of Presidential Decree No. 603. shall not be utilized for military purposes such as command posts,
barracks, detachments, and supply depots; and
Section 16. Penalties. – Any person who shall violate any provision of this Article
shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but (f) All appropriate steps shall be taken to facilitate the reunion of
not more than Ten thousand pesos (P10,000) or imprisonment of not less than three families temporarily separated due to armed conflict.
(3) months but not more than three (3) years, or both at the discretion of the court;
Section 23. Evacuation of Children During Armed Conflict. – Children shall be
Provided, That, in case of repeated violations of the provisions of this Article, the
given priority during evacuation as a result of armed conflict. Existing community
offender's license to operate shall be revoked.
organizations shall be tapped to look after the safety and well-being of children
ARTICLE IX during evacuation operations. Measures shall be taken to ensure that children
Children of Indigenous Cultural Communities evacuated are accompanied by persons responsible for their safety and well-being.

Section 17. Survival, Protection and Development. – In addition to the rights Section 24. Family Life and Temporary Shelter. – Whenever possible, members
guaranteed to children under this Act and other existing laws, children of indigenous of the same family shall be housed in the same premises and given separate
cultural communities shall be entitled to protection, survival and development accommodation from other evacuees and provided with facilities to lead a normal
consistent with the customs and traditions of their respective communities. family life. In places of temporary shelter, expectant and nursing mothers and
children shall be given additional food in proportion to their physiological needs.
Section 18. System of and Access to Education. – The Department of Education,
Whenever feasible, children shall be given opportunities for physical exercise,
Culture and Sports shall develop and institute an alternative system of education for
sports and outdoor games.
children of indigenous cultural communities which culture-specific and relevant to
the needs of and the existing situation in their communities. The Department of Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. –
Education, Culture and Sports shall also accredit and support non-formal but Any child who has been arrested for reasons related to armed conflict, either as
functional indigenous educational programs conducted by non-government combatant, courier, guide or spy is entitled to the following rights;
organizations in said communities.
(a) Separate detention from adults except where families are
Section 19. Health and Nutrition. – The delivery of basic social services in health accommodated as family units;
and nutrition to children of indigenous cultural communities shall be given priority
by all government agencies concerned. Hospitals and other health institution shall (b) Immediate free legal assistance;
ensure that children of indigenous cultural communities are given equal attention. In (c) Immediate notice of such arrest to the parents or guardians of the
the provision of health and nutrition services to children of indigenous cultural child; and
communities, indigenous health practices shall be respected and recognized.
(d) Release of the child on recognizance within twenty-four (24) hours
Section 20. Discrimination. – Children of indigenous cultural communities shall not to the custody of the Department of Social Welfare and Development or
be subjected to any and all forms of discrimination. any responsible member of the community as determined by the court.
Any person who discriminate against children of indigenous cultural communities If after hearing the evidence in the proper proceedings the court should find that the
shall suffer a penalty of arresto mayor in its maximum period and a fine of not less aforesaid child committed the acts charged against him, the court shall determine
than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000). the imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court shall suspend
Section 21. Participation. – Indigenous cultural communities, through their duly-
all further proceedings and shall commit such child to the custody or care of the
designated or appointed representatives shall be involved in planning, decision-
Department of Social Welfare and Development or to any training institution
making implementation, and evaluation of all government programs affecting
operated by the Government, or duly-licensed agencies or any other responsible
children of indigenous cultural communities. Indigenous institution shall also be
person, until he has had reached eighteen (18) years of age or, for a shorter period
recognized and respected.
as the court may deem proper, after considering the reports and recommendations
ARTICLE X of the Department of Social Welfare and Development or the agency or responsible
Children in Situations of Armed Conflict individual under whose care he has been committed.

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of The aforesaid child shall subject to visitation and supervision by a representative of
Peace. It shall be the responsibility of the State and all other sectors concerned to the Department of Social Welfare and Development or any duly-licensed agency or
resolve armed conflicts in order to promote the goal of children as zones of peace. such other officer as the court may designate subject to such conditions as it may
To attain this objective, the following policies shall be observed. prescribe.

(a) Children shall not be the object of attack and shall be entitled to The aforesaid child whose sentence is suspended can appeal from the order of the
special respect. They shall be protected from any form of threat, assault, court in the same manner as appeals in criminal cases.
torture or other cruel, inhumane or degrading treatment;
Section 26. Monitoring and Reporting of Children in Situations of Armed
(b) Children shall not be recruited to become members of the Armed Conflict. – The chairman of the barangay affected by the armed conflict shall
Forces of the Philippines of its civilian units or other armed groups, nor submit the names of children residing in said barangay to the municipal social
be allowed to take part in the fighting, or used as guides, couriers, or welfare and development officer within twenty-four (24) hours from the occurrence
spies; of the armed conflict.

(c) Delivery of basic social services such as education, primary health ARTICLE XI
and emergency relief services shall be kept unhampered; Remedial Procedures

(d) The safety and protection of those who provide services including Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts
those involved in fact-finding missions from both government and non- committed against the children as enumerated herein may be filed by the following:
government institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work; (a) Offended party;

(b) Parents or guardians;

 (c) Ascendant or collateral relative within the third degree of any immediate member of his family if the latter is the perpetrator of the
consanguinity;1awphi1@ITC offense.

(d) Officer, social worker or representative of a licensed child-caring ARTICLE XIII

institution; Final Provisions

(e) Officer or social worker of the Department of Social Welfare and Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the
Development; Department of Justice, in coordination with the Department of Social Welfare and
Development, shall promulgate rules and regulations of the effective
(f) Barangay chairman; or
implementation of this Act.
(g) At least three (3) concerned responsible citizens where the violation Such rules and regulations shall take effect upon their publication in two (2)
occurred. national newspapers of general circulation.
Section 28. Protective Custody of the Child. – The offended party shall be
Section 33. Appropriations. – The amount necessary to carry out the provisions of
immediately placed under the protective custody of the Department of Social this Act is hereby authorized to be appropriated in the General Appropriations Act
Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the
of the year following its enactment into law and thereafter.
regular performance of this function, the officer of the Department of Social Welfare
and Development shall be free from any administrative, civil or criminal liability. Section 34. Separability Clause. – If any provision of this Act is declared invalid
Custody proceedings shall be in accordance with the provisions of Presidential or unconstitutional, the remaining provisions not affected thereby shall continue in
Decree No. 603. full force and effect.

Section 29. Confidentiality. – At the instance of the offended party, his name may Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the
be withheld from the public until the court acquires jurisdiction over the case. provisions of this Acts are hereby repealed or modified accordingly.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of Section 36. Effectivity Clause. – This Act shall take effect upon completion of its
printed materials, announcer or producer in case of television and radio broadcasting, publication in at least two (2) national newspapers of general circulation.
producer and director of the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which results in the Approved: June 17, 1992
moral degradation and suffering of the offended party.Lawphi1@alf

Section 30. Special Court Proceedings. – Cases involving violations of this Act
shall be heard in the chambers of the judge of the Regional Trial Court duly
designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception
of habeas corpus, election cases, and cases involving detention prisoners and persons
covered by Republic Act No. 4908, all courts shall give preference to the hearing or
disposition of cases involving violations of this Act. Republic Act No. 9262 March 08, 2004
ARTICLE XII AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
Common Penal Provisions CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
Section 31. Common Penal Provisions. –
PURPOSES
(a) The penalty provided under this Act shall be imposed in its maximum
Be it enacted by the Senate and House of Representatives of the Philippines in
period if the offender has been previously convicted under this Act;
Congress assembled:
(b) When the offender is a corporation, partnership or association, the
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against
officer or employee thereof who is responsible for the violation of this
Women and Their Children Act of 2004".
Act shall suffer the penalty imposed in its maximum period;
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the
(c) The penalty provided herein shall be imposed in its maximum period
dignity of women and children and guarantees full respect for human rights. The
when the perpetrator is an ascendant, parent guardian, stepparent or
State also recognizes the need to protect the family and its members particularly
collateral relative within the second degree of consanguinity or affinity,
women and children, from violence and threats to their personal safety and security.
or a manager or owner of an establishment which has no license to
operate or its license has expired or has been revoked; Towards this end, the State shall exert efforts to address violence committed
against women and children in keeping with the fundamental freedoms guaranteed
(d) When the offender is a foreigner, he shall be deported immediately
under the Constitution and the Provisions of the Universal Declaration of Human
after service of sentence and forever barred from entry to the country;
Rights, the convention on the Elimination of all forms of discrimination Against
(e) The penalty provided for in this Act shall be imposed in its maximum Women, Convention on the Rights of the Child and other international human
period if the offender is a public officer or employee: Provided, however, rights instruments of which the Philippines is a party.
That if the penalty imposed is reclusion perpetua or reclusion temporal,
SECTION 3. Definition of Terms.- As used in this Act,
then the penalty of perpetual or temporary absolute disqualification shall
also be imposed: Provided, finally, That if the penalty imposed is prision (a) "Violence against women and their children" refers to any act or a
correccional or arresto mayor, the penalty of suspension shall also be series of acts committed by any person against a woman who is his wife,
imposed; and 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
(f) A fine to be determined by the court shall be imposed and
against her child whether legitimate or illegitimate, within or without the
administered as a cash fund by the Department of Social Welfare and
family abode, which result in or is likely to result in physical, sexual,
Development and disbursed for the rehabilitation of each child victim, or
psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation (d) "Stalking" refers to an intentional act committed by a person who,
of liberty. It includes, but is not limited to, the following acts: knowingly and without lawful justification follows the woman or her
child or places the woman or her child under surveillance directly or
A. "Physical Violence" refers to acts that include bodily or
indirectly or a combination thereof.
physical harm;
(e) "Dating relationship" refers to a situation wherein the parties live as
B. "Sexual violence" refers to an act which is sexual in nature,
husband and wife without the benefit of marriage or are romantically
committed against a woman or her child. It includes, but is not
involved over time and on a continuing basis during the course of the
limited to: relationship. A casual acquaintance or ordinary socialization between
a) rape, sexual harassment, acts of lasciviousness, two individuals in a business or social context is not a dating
treating a woman or her child as a sex object, relationship.
making demeaning and sexually suggestive
(f) "Sexual relations" refers to a single sexual act which may or may not
remarks, physically attacking the sexual parts of the
result in the bearing of a common child.
victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the (g) "Safe place or shelter" refers to any home or institution maintained
woman or her child to do indecent acts and/or make or managed by the Department of Social Welfare and Development
films thereof, forcing the wife and mistress/lover to (DSWD) or by any other agency or voluntary organization accredited by
live in the conjugal home or sleep together in the the DSWD for the purposes of this Act or any other suitable place the
same room with the abuser; resident of which is willing temporarily to receive the victim.

b) acts causing or attempting to cause the victim to (h) "Children" refers to those below eighteen (18) years of age or older
engage in any sexual activity by force, threat of but are incapable of taking care of themselves as defined under Republic
force, physical or other harm or threat of physical Act No. 7610. As used in this Act, it includes the biological children of
or other harm or coercion; the victim and other children under her care.

c) Prostituting the woman or child. SECTION 4. Construction.- This Act shall be liberally construed to promote the
protection and safety of victims of violence against women and their children.
C. "Psychological violence" refers to acts or omissions causing
or likely to cause mental or emotional suffering of the victim SECTION 5. Acts of Violence Against Women and Their Children.- The crime of
such as but not limited to intimidation, harassment, stalking, violence against women and their children is committed through any of the
damage to property, public ridicule or humiliation, repeated following acts:
verbal abuse and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or (a) Causing physical harm to the woman or her child;
psychological abuse of a member of the family to which the (b) Threatening to cause the woman or her child physical harm;
victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted (c) Attempting to cause the woman or her child physical harm;
deprivation of the right to custody and/or visitation of
(d) Placing the woman or her child in fear of imminent physical harm;
common children.
(e) Attempting to compel or compelling the woman or her child to
D. "Economic abuse" refers to acts that make or attempt to
engage in conduct which the woman or her child has the right to desist
make a woman financially dependent which includes, but is
from or desist from conduct which the woman or her child has the right
not limited to the following:
to engage in, or attempting to restrict or restricting the woman's or her
1. withdrawal of financial support or preventing the child's freedom of movement or conduct by force or threat of force,
victim from engaging in any legitimate profession, physical or other harm or threat of physical or other harm, or
occupation, business or activity, except in cases intimidation directed against the woman or child. This shall include, but
wherein the other spouse/partner objects on valid, not limited to, the following acts committed with the purpose or effect of
serious and moral grounds as defined in Article 73 controlling or restricting the woman's or her child's movement or
of the Family Code; conduct:

2. deprivation or threat of deprivation of financial (1) Threatening to deprive or actually depriving the woman
resources and the right to the use and enjoyment of or her child of custody to her/his family;
the conjugal, community or property owned in
(2) Depriving or threatening to deprive the woman or her
common;
children of financial support legally due her or her family, or
3. destroying household property; deliberately providing the woman's children insufficient
financial support;
4. controlling the victims' own money or properties
or solely controlling the conjugal money or (3) Depriving or threatening to deprive the woman or her
properties. child of a legal right;

(b) "Battery" refers to an act of inflicting physical harm upon the woman (4) Preventing the woman in engaging in any legitimate
or her child resulting to the physical and psychological or emotional profession, occupation, business or activity or controlling the
distress. victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties;
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern
of psychological and behavioral symptoms found in women living in (f) Inflicting or threatening to inflict physical harm on oneself for the
battering relationships as a result of cumulative abuse. purpose of controlling her actions or decisions;
 (g) Causing or attempting to cause the woman or her child to engage in their children under this law. In the absence of such court in the place where the
any sexual activity which does not constitute rape, by force or threat of offense was committed, the case shall be filed in the Regional Trial Court where
force, physical harm, or through intimidation directed against the woman the crime or any of its elements was committed at the option of the compliant.
or her child or her/his immediate family;
SECTION 8. Protection Orders.- A protection order is an order issued under this
(h) Engaging in purposeful, knowing, or reckless conduct, personally or act for the purpose of preventing further acts of violence against a woman or her
through another, that alarms or causes substantial emotional or child specified in Section 5 of this Act and granting other necessary relief. The
psychological distress to the woman or her child. This shall include, but relief granted under a protection order serve the purpose of safeguarding the victim
not be limited to, the following acts: from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control
(1) Stalking or following the woman or her child in public or
over her life. The provisions of the protection order shall be enforced by law
private places; enforcement agencies. The protection orders that may be issued under this Act are
(2) Peering in the window or lingering outside the residence of the barangay protection order (BPO), temporary protection order (TPO) and
the woman or her child; permanent protection order (PPO). The protection orders that may be issued under
this Act shall include any, some or all of the following reliefs:
(3) Entering or remaining in the dwelling or on the property of
the woman or her child against her/his will; (a) Prohibition of the respondent from threatening to commit or
committing, personally or through another, any of the acts mentioned in
(4) Destroying the property and personal belongings or Section 5 of this Act;
inflicting harm to animals or pets of the woman or her child;
and (b) Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner, directly or
(5) Engaging in any form of harassment or violence; indirectly;

(i) Causing mental or emotional anguish, public ridicule or humiliation to (c) Removal and exclusion of the respondent from the residence of the
the woman or her child, including, but not limited to, repeated verbal and petitioner, regardless of ownership of the residence, either temporarily
emotional abuse, and denial of financial support or custody of minor for the purpose of protecting the petitioner, or permanently where no
children of access to the woman's child/children. property rights are violated, and if respondent must remove personal
effects from the residence, the court shall direct a law enforcement agent
SECTION 6. Penalties.- The crime of violence against women and their children,
to accompany the respondent has gathered his things and escort
under Section 5 hereof shall be punished according to the following rules:
respondent from the residence;
(a) Acts falling under Section 5(a) constituting attempted, frustrated or
(d) Directing the respondent to stay away from petitioner and designated
consummated parricide or murder or homicide shall be punished in
family or household member at a distance specified by the court, and to
accordance with the provisions of the Revised Penal Code.
stay away from the residence, school, place of employment, or any
If these acts resulted in mutilation, it shall be punishable in accordance specified place frequented by the petitioner and any designated family or
with the Revised Penal Code; those constituting serious physical injuries household member;
shall have the penalty of prison mayor; those constituting less serious
(e) Directing lawful possession and use by petitioner of an automobile
physical injuries shall be punished by prision correccional; and those
and other essential personal effects, regardless of ownership, and
constituting slight physical injuries shall be punished by arresto mayor.
directing the appropriate law enforcement officer to accompany the
Acts falling under Section 5(b) shall be punished by imprisonment of two petitioner to the residence of the parties to ensure that the petitioner is
degrees lower than the prescribed penalty for the consummated crime as safely restored to the possession of the automobile and other essential
specified in the preceding paragraph but shall in no case be lower than personal effects, or to supervise the petitioner's or respondent's removal
arresto mayor. of personal belongings;

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto (f) Granting a temporary or permanent custody of a child/children to the
mayor; petitioner;

(c) Acts falling under Section 5(e) shall be punished by prision (g) Directing the respondent to provide support to the woman and/or her
correccional; child if entitled to legal support. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the income
(d) Acts falling under Section 5(f) shall be punished by arresto mayor; or salary of the respondent to be withheld regularly by the respondent's
employer for the same to be automatically remitted directly to the
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
woman. Failure to remit and/or withhold or any delay in the remittance
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by of support to the woman and/or her child without justifiable cause shall
prision mayor. render the respondent or his employer liable for indirect contempt of
court;
If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied shall be (h) Prohibition of the respondent from any use or possession of any
the maximum period of penalty prescribed in the section. firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of
In addition to imprisonment, the perpetrator shall (a) pay a fine in the license and disqualification to apply for any license to use or possess a
amount of not less than One hundred thousand pesos (P100,000.00) but firearm. If the offender is a law enforcement agent, the court shall order
not more than three hundred thousand pesos (300,000.00); (b) undergo the offender to surrender his firearm and shall direct the appropriate
mandatory psychological counseling or psychiatric treatment and shall authority to investigate on the offender and take appropriate action on
report compliance to the court. matter;
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall
have original and exclusive jurisdiction over cases of violence against women and
 (i) Restitution for actual damages caused by the violence inflicted, (g) an attestation that there is no pending application for a protection
including, but not limited to, property damage, medical expenses, order in another court.
childcare expenses and loss of income;
If the applicants is not the victim, the application must be accompanied by an
(j) Directing the DSWD or any appropriate agency to provide petitioner affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by
may need; and the victim and (b) the circumstances of consent given by the victim for the filling of
the application. When disclosure of the address of the victim will pose danger to
(k) Provision of such other forms of relief as the court deems necessary to
her life, it shall be so stated in the application. In such a case, the applicant shall
protect and provide for the safety of the petitioner and any designated
attest that the victim is residing in the municipality or city over which court has
family or household member, provided petitioner and any designated
territorial jurisdiction, and shall provide a mailing address for purpose of service
family or household member consents to such relief.
processing.
Any of the reliefs provided under this section shall be granted even in the
An application for protection order filed with a court shall be considered an
absence of a decree of legal separation or annulment or declaration of
application for both a TPO and PPO.
absolute nullity of marriage.
Barangay officials and court personnel shall assist applicants in the preparation of
The issuance of a BPO or the pendency of an application for BPO shall
the application. Law enforcement agents shall also extend assistance in the
not preclude a petitioner from applying for, or the court from granting a
application for protection orders in cases brought to their attention.
TPO or PPO.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued
SECTION 9. Who may file Petition for Protection Orders. – A petition for under this Act shall be enforceable anywhere in the Philippines and a violation
protection order may be filed by any of the following: thereof shall be punishable with a fine ranging from Five Thousand Pesos
(a) the offended party; (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6)
months.
(b) parents or guardians of the offended party;
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the
(c) ascendants, descendants or collateral relatives within the fourth civil woman or her child requests in the applications for a protection order for the
degree of consanguinity or affinity; appointment of counsel because of lack of economic means to hire a counsel de
parte, the court shall immediately direct the Public Attorney's Office (PAO) to
(d) officers or social workers of the DSWD or social workers of local
represent the petitioner in the hearing on the application. If the PAO determines
government units (LGUs);
that the applicant can afford to hire the services of a counsel de parte, it shall
(e) police officers, preferably those in charge of women and children's facilitate the legal representation of the petitioner by a counsel de parte. The lack of
desks; access to family or conjugal resources by the applicant, such as when the same are
controlled by the perpetrator, shall qualify the petitioner to legal representation by
(f) Punong Barangay or Barangay Kagawad; the PAO.
(g) lawyer, counselor, therapist or healthcare provider of the petitioner; However, a private counsel offering free legal service is not barred from
representing the petitioner.
(h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. -
occurred and who has personal knowledge of the offense committed. Barangay Protection Orders (BPOs) refer to the protection order issued by
the Punong Barangay ordering the perpetrator to desist from committing acts under
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs
Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for
shall follow the rules on venue under Section 409 of the Local Government Code of
a BPO shall issue the protection order to the applicant on the date of filing after ex
1991 and its implementing rules and regulations. An application for a TPO or PPO
parte determination of the basis of the application. If the Punong Barangay is
may be filed in the regional trial court, metropolitan trial court, municipal trial court,
unavailable to act on the application for a BPO, the application shall be acted upon
municipal circuit trial court with territorial jurisdiction over the place of residence of
by any available Barangay Kagawad. If the BPO is issued by a Barangay
the petitioner: Provided, however, That if a family court exists in the place of
Kagawad the order must be accompanied by an attestation by the Barangay
residence of the petitioner, the application shall be filed with that court.
Kagawad that the Punong Barangay was unavailable at the time for the issuance of
SECTION 11. How to Apply for a Protection Order. – The application for a the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the
protection order must be in writing, signed and verified under oath by the applicant. issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall
It may be filed as an independent action or as incidental relief in any civil or personally serve a copy of the same on the respondent, or direct any barangay
criminal case the subject matter or issues thereof partakes of a violence as described official to effect is personal service.
in this Act. A standard protection order application form, written in English with
The parties may be accompanied by a non-lawyer advocate in any proceeding
translation to the major local languages, shall be made available to facilitate
before the Punong Barangay.
applications for protections order, and shall contain, among other, the following
information: SECTION 15. Temporary Protection Orders. – Temporary Protection Orders
(TPOs) refers to the protection order issued by the court on the date of filing of the
(a) names and addresses of petitioner and respondent;
application after ex parte determination that such order should be issued. A court
(b) description of relationships between petitioner and respondent; may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall
be effective for thirty (30) days. The court shall schedule a hearing on the issuance
(c) a statement of the circumstances of the abuse; of a PPO prior to or on the date of the expiration of the TPO. The court shall order
(d) description of the reliefs requested by petitioner as specified in the immediate personal service of the TPO on the respondent by the court sheriff
Section 8 herein; who may obtain the assistance of law enforcement agents for the service. The TPO
shall include notice of the date of the hearing on the merits of the issuance of a PPO.
(e) request for counsel and reasons for such;
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO)
(f) request for waiver of application fees until hearing; and refers to protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the SECTION 22. Applicability of Protection Orders to Criminal Cases. – The
non-availability of his lawyer shall not be a ground for rescheduling or postponing foregoing provisions on protection orders shall be applicable in impliedly instituted
the hearing on the merits of the issuance of a PPO. If the respondents appears with the criminal actions involving violence against women and their children.
without counsel on the date of the hearing on the PPO, the court shall appoint a
lawyer for the respondent and immediately proceed with the hearing. In case the SECTION 23. Bond to Keep the Peace. – The Court may order any person against
respondent fails to appear despite proper notice, the court shall allow ex parte whom a protection order is issued to give a bond to keep the peace, to present two
presentation of the evidence by the applicant and render judgment on the basis of the sufficient sureties who shall undertake that such person will not commit the
evidence presented. The court shall allow the introduction of any history of abusive violence sought to be prevented.
conduct of a respondent even if the same was not directed against the applicant or Should the respondent fail to give the bond as required, he shall be detained for a
the person for whom the applicant is made. period which shall in no case exceed six (6) months, if he shall have been
prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty
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 (30) days, if for acts punishable under Section 5(g) to 5(I).
within one (1) day and the TPO issued is due to expire, the court shall continuously The protection orders referred to in this section are the TPOs and the PPOs issued
extend or renew the TPO for a period of thirty (30) days at each particular time until only by the courts.
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. SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall
prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a prescribe in ten (10) years.
PPO. A PPO shall be effective until revoked by a court upon application of the
person in whose favor the order was issued. The court shall ensure immediate SECTION 25. Public Crime. – Violence against women and their children shall be
personal service of the PPO on respondent. 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
The court shall not deny the issuance of protection order on the basis of the lapse of commission of the crime.
time between the act of violence and the filing of the application.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who
Regardless of the conviction or acquittal of the respondent, the Court must are found by the courts to be suffering from battered woman syndrome do not incur
determine whether or not the PPO shall become final. Even in a dismissal, a PPO any criminal and civil liability notwithstanding the absence of any of the elements
shall be granted as long as there is no clear showing that the act from which the for justifying circumstances of self-defense under the Revised Penal Code.
order might arise did not exist.
In the determination of the state of mind of the woman who was suffering from
SECTION 17. Notice of Sanction in Protection Orders. – The following statement battered woman syndrome at the time of the commission of the crime, the courts
must be printed in bold-faced type or in capital letters on the protection order issued shall be assisted by expert psychiatrists/ psychologists.
by the Punong Barangay or court:
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW." illicit drug, or any other mind-altering substance shall not be a defense under this
SECTION 18. Mandatory Period For Acting on Applications For Protection Act.
Orders – Failure to act on an application for a protection order within the SECTION 28. Custody of children. – The woman victim of violence shall be
reglementary period specified in the previous section without justifiable cause shall entitled to the custody and support of her child/children. Children below seven (7)
render the official or judge administratively liable. 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
SECTION 19. Legal Separation Cases. – In cases of legal separation, where
violence as specified in this Act is alleged, Article 58 of the Family Code shall not order otherwise.
apply. The court shall proceed on the main case and other incidents of the case as A victim who is suffering from battered woman syndrome shall not be disqualified
soon as possible. The hearing on any application for a protection order filed by the from having custody of her children. In no case shall custody of minor children be
petitioner must be conducted within the mandatory period specified in this Act. given to the perpetrator of a woman who is suffering from Battered woman
SECTION 20. Priority of Application for a Protection Order. – Ex parte and syndrome.
adversarial hearings to determine the basis of applications for a protection order SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court
under this Act shall have priority over all other proceedings. Barangay officials and personnel should observe the following duties when dealing with victims under this
the courts shall schedule and conduct hearings on applications for a protection order Act:
under this Act above all other business and, if necessary, suspend other proceedings
in order to hear applications for a protection order. a) communicate with the victim in a language understood by the woman
or her child; and
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a
BPO issued under this Act must be filed directly with any municipal trial court, b) inform the victim of her/his rights including legal remedies available
metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction and procedure, and privileges for indigent litigants.
over the barangay that issued the BPO. Violation of a BPO shall be punishable by
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay
imprisonment of thirty (30) days without prejudice to any other criminal or civil
officials and law enforcers shall have the following duties:
action that the offended party may file for any of the acts committed.
(a) respond immediately to a call for help or request for assistance or
A judgement of violation of a BPO ma be appealed according to the Rules of Court.
protection of the victim by entering the necessary whether or not a
During trial and upon judgment, the trial court may motu proprio issue a protection
protection order has been issued and ensure the safety of the victim/s;
order as it deems necessary without need of an application.
(b) confiscate any deadly weapon in the possession of the perpetrator or
Violation of any provision of a TPO or PPO issued under this Act shall constitute
within plain view;
contempt of court punishable under Rule 71 of the Rules of Court, without prejudice
to any other criminal or civil action that the offended party may file for any of the (c) transport or escort the victim/s to a safe place of their choice or to a
acts committed. clinic or hospital;
 (d) assist the victim in removing personal belongs from the house; (a) to be treated with respect and dignity;

(e) assist the barangay officials and other government officers and (b) to avail of legal assistance form the PAO of the Department of
employees who respond to a call for help; Justice (DOJ) or any public legal assistance office;

(f) ensure the enforcement of the Protection Orders issued by the Punong (c) To be entitled to support services form the DSWD and LGUs'
Barangy or the courts;
(d) To be entitled to all legal remedies and support as provided for under
(g) arrest the suspected perpetrator wiithout a warrant when any of the the Family Code; and
acts of violence defined by this Act is occurring, or when he/she has
personal knowledge that any act of abuse has just been committed, and (e) To be informed of their rights and the services available to them
there is imminent danger to the life or limb of the victim as defined in this including their right to apply for a protection order.
Act; and SECTION 36. Damages. – Any victim of violence under this Act shall be entitled
(h) immediately report the call for assessment or assistance of the DSWD, to actual, compensatory, moral and exemplary damages.
social Welfare Department of LGUs or accredited non-government SECTION 37. Hold Departure Order. – The court shall expedite the process of
organizations (NGOs). issuance of a hold departure order in cases prosecuted under this Act.
Any barangay official or law enforcer who fails to report the incident shall be liable SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If
for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable the victim is an indigent or there is an immediate necessity due to imminent danger
criminal, civil or administrative liability. or threat of danger to act on an application for a protection order, the court shall
accept the application without payment of the filing fee and other fees and of
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider,
including, but not limited to, an attending physician, nurse, clinician, barangay transcript of stenographic notes.
health worker, therapist or counselor who suspects abuse or has been informed by SECTION 39. Inter-Agency Council on Violence Against Women and Their
the victim of violence shall: Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby
(a) properly document any of the victim's physical, emotional or established an Inter-Agency Council on Violence Against Women and their
children, hereinafter known as the Council, which shall be composed of the
psychological injuries;
following agencies:
(b) properly record any of victim's suspicions, observations and
(a) Department of Social Welfare and Development (DSWD);
circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate (b) National Commission on the Role of Filipino Women (NCRFW);
concerning the examination or visit; (c) Civil Service Commission (CSC);
(d) safeguard the records and make them available to the victim upon (d) Commission on Human rights (CHR)
request at actual cost; and
(e) Council for the Welfare of Children (CWC);
(e) provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them. (f) Department of Justice (DOJ);

SECTION 32. Duties of Other Government Agencies and LGUs – Other (g) Department of the Interior and Local Government (DILG);
government agencies and LGUs shall establish programs such as, but not limited to,
(h) Philippine National Police (PNP);
education and information campaign and seminars or symposia on the nature, causes,
incidence and consequences of such violence particularly towards educating the (i) Department of Health (DOH);
public on its social impacts.
(j) Department of Education (DepEd);
It shall be the duty of the concerned government agencies and LGU's to ensure the
sustained education and training of their officers and personnel on the prevention of (k) Department of Labor and Employment (DOLE); and
violence against women and their children under the Act.
(l) National Bureau of Investigation (NBI).
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the
These agencies are tasked to formulate programs and projects to eliminate VAW
court hearing an application for a protection order shall not order, direct, force or in
based on their mandates as well as develop capability programs for their employees
any way unduly influence he applicant for a protection order to compromise or
to become more sensitive to the needs of their clients. The Council will also serve
abandon any of the reliefs sought in the application for protection under this Act.
as the monitoring body as regards to VAW initiatives.
Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of
the Local Government Code of 1991 shall not apply in proceedings where relief is The Council members may designate their duly authorized representative who shall
sought under this Act. have a rank not lower than an assistant secretary or its equivalent. These
representatives shall attend Council meetings in their behalf, and shall receive
Failure to comply with this Section shall render the official or judge administratively
emoluments as may be determined by the Council in accordance with existing
liable.
budget and accounting rules and regulations.
SECTION 34. Persons Intervening Exempt from Liability. – In every case of
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and
violence against women and their children as herein defined, any person, private
LGU's shall provide the victims temporary shelters, provide counseling, psycho-
individual or police authority or barangay official who, acting in accordance with
social services and /or, recovery, rehabilitation programs and livelihood assistance.
law, responds or intervenes without using violence or restraint greater than necessary
to ensure the safety of the victim, shall not be liable for any criminal, civil or The DOH shall provide medical assistance to victims.
administrative liability resulting therefrom.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide
SECTION 35. Rights of Victims. – In addition to their rights under existing laws, rehabilitative counseling and treatment to perpetrators towards learning
victims of violence against women and their children shall have the following rights: constructive ways of coping with anger and emotional outbursts and reforming
their ways. When necessary, the offender shall be ordered by the Court to submit to SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders
psychiatric treatment or confinement. and rules and regulations, or parts thereof, inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SECTION 42. Training of Persons Involved in Responding to Violence Against
Women and their Children Cases. – All agencies involved in responding to violence SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the
against women and their children cases shall be required to undergo education and date of its complete publication in at least two (2) newspapers of general circulation.
training to acquaint them with:

a. the nature, extend and causes of violence against women and their
children;

b. the legal rights of, and remedies available to, victims of violence
against women and their children;

c. the services and facilities available to victims or survivors; REPUBLIC ACT No. 3019

d. the legal duties imposed on police officers to make arrest and to offer ANTI-GRAFT AND CORRUPT PRACTICES ACT
protection and assistance; and Section 1. Statement of policy. It is the policy of the Philippine Government, in line
with the principle that a public office is a public trust, to repress certain acts of
e. techniques for handling incidents of violence against women and their
public officers and private persons alike which constitute graft or corrupt practices
children that minimize the likelihood of injury to the officer and promote
or which may lead thereto.
the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training Section 2. Definition of terms. As used in this Act, that term
program for police officers and barangay officials to enable them to properly handle (a) "Government" includes the national government, the local
cases of violence against women and their children. governments, the government-owned and government-controlled
corporations, and all other instrumentalities or agencies of the Republic
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a
paid leave of absence up to ten (10) days in addition to other paid leaves under the of the Philippines and their branches.
Labor Code and Civil Service Rules and Regulations, extendible when the necessity (b) "Public officer" includes elective and appointive officials and
arises as specified in the protection order. employees, permanent or temporary, whether in the classified or
unclassified or exempt service receiving compensation, even nominal,
Any employer who shall prejudice the right of the person under this section shall be
penalized in accordance with the provisions of the Labor Code and Civil Service from the government as defined in the preceding subparagraph.
Rules and Regulations. Likewise, an employer who shall prejudice any person for (c) "Receiving any gift" includes the act of accepting directly or
assisting a co-employee who is a victim under this Act shall likewise be liable for indirectly a gift from a person other than a member of the public
discrimination. officer's immediate family, in behalf of himself or of any member of his
SECTION 44. Confidentiality. – All records pertaining to cases of violence against family or relative within the fourth civil degree, either by consanguinity
women and their children including those in the barangay shall be confidential and or affinity, even on the occasion of a family celebration or national
all public officers and employees and public or private clinics to hospitals shall festivity like Christmas, if the value of the gift is under the
respect the right to privacy of the victim. Whoever publishes or causes to be circumstances manifestly excessive.
published, in any format, the name, address, telephone number, school, business (d) "Person" includes natural and juridical persons, unless the context
address, employer, or other identifying information of a victim or an immediate indicates otherwise.
family member, without the latter's consent, shall be liable to the contempt power of
the court. Section 3. Corrupt practices of public officers. In addition to acts or omissions of
public officers already penalized by existing law, the following shall constitute
Any person who violates this provision shall suffer the penalty of one (1) year corrupt practices of any public officer and are hereby declared to be unlawful:
imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00). (a) Persuading, inducing or influencing another public officer to perform
an act constituting a violation of rules and regulations duly promulgated
SECTION 45. Funding – The amount necessary to implement the provisions of this by competent authority or an offense in connection with the official
Act shall be included in the annual General Appropriations Act (GAA). duties of the latter, or allowing himself to be persuaded, induced, or
The Gender and Development (GAD) Budget of the mandated agencies and LGU's influenced to commit such violation or offense.
shall be used to implement services for victim of violence against women and their (b) Directly or indirectly requesting or receiving any gift, present, share,
children. percentage, or benefit, for himself or for any other person, in connection
with any contract or transaction between the Government and any other
SECTION 46. Implementing Rules and Regulations. – Within six (6) months from
part, wherein the public officer in his official capacity has to intervene
the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH,
and the PNP, and three (3) representatives from NGOs to be identified by the under the law.
NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this (c) Directly or indirectly requesting or receiving any gift, present or
Act. other pecuniary or material benefit, for himself or for another, from any
person for whom the public officer, in any manner or capacity, has
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal
secured or obtained, or will secure or obtain, any Government permit or
Code and other applicable laws, shall have suppletory application.
license, in consideration for the help given or to be given, without
SECTION 48. Separability Clause. – If any section or provision of this Act is held prejudice to Section thirteen of this Act.
unconstitutional or invalid, the other sections or provisions shall not be affected.
(d) Accepting or having any member of his family accept employment
in a private enterprise which has pending official business with him
during the pendency thereof or within one year after its termination.
 (e) Causing any undue injury to any party, including the Government, or President of the Philippines, the Vice-President of the Philippines, the President of
giving any private party any unwarranted benefits, advantage or the Senate, or the Speaker of the House of Representatives, to intervene, directly or
preference in the discharge of his official administrative or judicial indirectly, in any business, transaction, contract or application with the Government:
functions through manifest partiality, evident bad faith or gross Provided, That this section shall not apply to any person who, prior to the
inexcusable negligence. This provision shall apply to officers and assumption of office of any of the above officials to whom he is related, has been
employees of offices or government corporations charged with the grant already dealing with the Government along the same line of business, nor to any
of licenses or permits or other concessions. transaction, contract or application already existing or pending at the time of such
assumption of public office, nor to any application filed by him the approval of
(f) Neglecting or refusing, after due demand or request, without sufficient which is not discretionary on the part of the official or officials concerned but
justification, to act within a reasonable time on any matter pending before depends upon compliance with requisites provided by law, or rules or regulations
him for the purpose of obtaining, directly or indirectly, from any person issued pursuant to law, nor to any act lawfully performed in an official capacity or
interested in the matter some pecuniary or material benefit or advantage,
in the exercise of a profession.
or for the purpose of favoring his own interest or giving undue advantage
in favor of or discriminating against any other interested party. Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for
any Member of the Congress during the term for which he has been elected, to
(g) Entering, on behalf of the Government, into any contract or acquire or receive any personal pecuniary interest in any specific business
transaction manifestly and grossly disadvantageous to the same, whether enterprise which will be directly and particularly favored or benefited by any law or
or not the public officer profited or will profit thereby. resolution authored by him previously approved or adopted by the Congress during
(h) Director or indirectly having financing or pecuniary interest in any the same term.
business, contract or transaction in connection with which he intervenes
The provision of this section shall apply to any other public officer who
or takes part in his official capacity, or in which he is prohibited by the
recommended the initiation in Congress of the enactment or adoption of any law or
Constitution or by any law from having any interest.
resolution, and acquires or receives any such interest during his incumbency.
(i) Directly or indirectly becoming interested, for personal gain, or having
It shall likewise be unlawful for such member of Congress or other public officer,
a material interest in any transaction or act requiring the approval of a
who, having such interest prior to the approval of such law or resolution authored
board, panel or group of which he is a member, and which exercises
or recommended by him, continues for thirty days after such approval to retain such
discretion in such approval, even if he votes against the same or does not
interest.
participate in the action of the board, committee, panel or group.
Section 7. Statement of assets and liabilities. Every public officer, within thirty
Interest for personal gain shall be presumed against those public officers days after the approval of this Act or after assuming office, and within the month of
responsible for the approval of manifestly unlawful, inequitable, or January of every other year thereafter, as well as upon the expiration of his term of
irregular transaction or acts by the board, panel or group to which they office, or upon his resignation or separation from office, shall prepare and file with
belong. the office of the corresponding Department Head, or in the case of a Head of
(j) Knowingly approving or granting any license, permit, privilege or Department or chief of an independent office, with the Office of the President, or in
benefit in favor of any person not qualified for or not legally entitled to the case of members of the Congress and the officials and employees thereof, with
such license, permit, privilege or advantage, or of a mere representative the Office of the Secretary of the corresponding House, a true detailed and sworn
or dummy of one who is not so qualified or entitled. statement of assets and liabilities, including a statement of the amounts and sources
of his income, the amounts of his personal and family expenses and the amount of
(k) Divulging valuable information of a confidential character, acquired income taxes paid for the next preceding calendar year: Provided, That public
by his office or by him on account of his official position to unauthorized officers assuming office less than two months before the end of the calendar year,
persons, or releasing such information in advance of its authorized release may file their statements in the following months of January.
date.
Section 8. Dismissal due to unexplained wealth. If in accordance with the
The person giving the gift, present, share, percentage or benefit referred to in provisions of Republic Act Numbered One thousand three hundred seventy-nine, a
subparagraphs (b) and (c); or offering or giving to the public officer the employment public official has been found to have acquired during his incumbency, whether in
mentioned in subparagraph (d); or urging the divulging or untimely release of the his name or in the name of other persons, an amount of property and/or money
confidential information referred to in subparagraph (k) of this section shall, together manifestly out of proportion to his salary and to his other lawful income, that fact
with the offending public officer, be punished under Section nine of this Act and shall be a ground for dismissal or removal. Properties in the name of the spouse and
shall be permanently or temporarily disqualified in the discretion of the Court, from unmarried children of such public official may be taken into consideration, when
transacting business in any form with the Government. their acquisition through legitimate means cannot be satisfactorily shown. Bank
deposits shall be taken into consideration in the enforcement of this section,
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person
notwithstanding any provision of law to the contrary.
having family or close personal relation with any public official to capitalize or
exploit or take advantage of such family or close personal relation by directly or Section 9. Penalties for violations. (a) Any public officer or private person
indirectly requesting or receiving any present, gift or material or pecuniary committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5
advantage from any other person having some business, transaction, application, and 6 of this Act shall be punished with imprisonment for not less than one year nor
request or contract with the government, in which such public official has to more than ten years, perpetual disqualification from public office, and confiscation
intervene. Family relation shall include the spouse or relatives by consanguinity or or forfeiture in favor of the Government of any prohibited interest and unexplained
affinity in the third civil degree. The word "close personal relation" shall include wealth manifestly out of proportion to his salary and other lawful income.
close personal friendship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access to such public Any complaining party at whose complaint the criminal prosecution was initiated
officer. shall, in case of conviction of the accused, be entitled to recover in the criminal
action with priority over the forfeiture in favor of the Government, the amount of
(b) It shall be unlawful for any person knowingly to induce or cause any money or the thing he may have given to the accused, or the value of such thing.
public official to commit any of the offenses defined in Section 3 hereof.
(b) Any public officer violation any of the provisions of Section 7 of this
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for Act shall be punished by a fine of not less than one hundred pesos nor
any relative, by consanguinity or affinity, within the third civil degree, of the more than one thousand pesos, or by imprisonment not exceeding one
 year, or by both such fine and imprisonment, at the discretion of the c) Person includes any natural or juridical person, unless the context
Court. indicates otherwise.

The violation of said section proven in a proper administrative proceeding shall be d) Ill-gotten wealth means any asset, property, business enterprise or
sufficient cause for removal or dismissal of a public officer, even if no criminal material possession of any person within the purview of Section Two (2)
prosecution is instituted against him. hereof, acquired by him directly or indirectly through dummies,
nominees, agents, subordinates and/or business associates by any
Section 10. Competent court. Until otherwise provided by law, all prosecutions
combination or series of the following means or similar schemes:
under this Act shall be within the original jurisdiction of the proper Court of First
Instance. 1) Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury;
Section 11. Prescription of offenses. All offenses punishable under this Act shall
prescribe in ten years. 2) By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any other form of pecuniary
Section 12. Termination of office. No public officer shall be allowed to resign or benefit from any person and/or entity in connection with any
retire pending an investigation, criminal or administrative, or pending a prosecution
government contract or project or by reason of the office or
against him, for any offense under this Act or under the provisions of the Revised
position of the public officer concerned;
Penal Code on bribery.
3) By the illegal or fraudulent conveyance or disposition of
Section 13. Suspension and loss of benefits. Any public officer against whom any assets belonging to the National Government or any of its
criminal prosecution under a valid information under this Act or under the subdivisions, agencies or instrumentalities or government-
provisions of the Revised Penal Code on bribery is pending in court, shall be
owned or -controlled corporations and their subsidiaries;
suspended from office. Should he be convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law, but if he is acquitted, he shall be 4) By obtaining, receiving or accepting directly or indirectly
entitled to reinstatement and to the salaries and benefits which he failed to receive any shares of stock, equity or any other form of interest or
during suspension, unless in the meantime administrative proceedings have been participation including promise of future employment in any
filed against him. business enterprise or undertaking;

Section 14. Exception. Unsolicited gifts or presents of small or insignificant value 5) By establishing agricultural, industrial or commercial
offered or given as a mere ordinary token of gratitude or friendship according to monopolies or other combinations and/or implementation of
local customs or usage, shall be excepted from the provisions of this Act. decrees and orders intended to benefit particular persons or
special interests; or
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
profession, lawful trade or occupation by any private person or by any public officer 6) By taking undue advantage of official position, authority,
who under the law may legitimately practice his profession, trade or occupation, relationship, connection or influence to unjustly enrich
during his incumbency, except where the practice of such profession, trade or himself or themselves at the expense and to the damage and
occupation involves conspiracy with any other person or public official to commit prejudice of the Filipino people and the Republic of the
any of the violations penalized in this Act. Philippines.

Section 15. Separability clause. If any provision of this Act or the application of See Section 2 As amended by Section 12 of RA No.7659
such provision to any person or circumstances is declared invalid, the remainder of Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who,
the Act or the application of such provision to other persons or circumstances shall by himself or in connivance with members of his family, relatives by affinity or
not be affected by such declaration. consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose
or criminal acts as described in Section 1(d) hereof, in the aggregate amount or
of determining unexplained wealth, all property acquired by a public officer since he
total value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty
assumed office shall be taken into consideration. of the crime of plunder and shall be punished by life imprisonment with perpetual
Approved: August 17, 1960 absolute disqualification from holding any public office. Any person who
participated with said public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances shall be considered by the
court. The court shall declare any and all ill-gotten wealth and their interests and
other incomes and assets including the properties and shares of stock derived from
the deposit or investment thereof forfeited in favor of the State.

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

Republic Act No. 7080 July 12, 1991 under this Act shall be within the original jurisdiction of the Sandiganbayan.
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it
shall not be necessary to prove each and every criminal act done by the accused in
Be it enacted by the Senate and House of Representatives of the Philippines in
furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten
Congress assembled::
wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or
Section 1. Definition of Terms - As used in this Act, the term - criminal acts indicative of the overall unlawful scheme or conspiracy.

a) Public Officer means any person holding any public office in the Section 5. Suspension and Loss of Benefits - Any public officer against whom any
Government of the Republic of the Philippines by virtue of an criminal prosecution under a valid information under this Act in whatever stage of
appointment, election or contract. execution and mode of participation, is pending in court, shall be suspended from
office. Should he be convicted by final judgment, he shall lose all retirement or
b) Government includes the National Government, and any of its gratuity benefits under any law, but if he is acquitted, he shall be entitled to
subdivisions, agencies or instrumentalities, including government-owned reinstatement and to the salaries and other benefits which he failed to receive
or -controlled corporations and their subsidiaries.
during suspension, unless in the meantime, administrative proceedings have been (2) The above acts would impair the employee's rights or
filed against him. privileges under existing labor laws; or

Section 6. Prescription of Crimes - The crime punishable under this Act shall (3) The above acts would result in an intimidating, hostile, or
prescribe in twenty (20) years. However, the right of the State to recover properties offensive environment for the employee.
unlawfully acquired by public officers from them or from their nominees or
(b) In an education or training environment, sexual harassment is
transferees shall not be barred by prescription, laches, or estoppel.
committed:
Section 7. Separability of Provisions - If any provisions of this Act or the
(1) Against one who is under the care, custody or supervision
application thereof to any person or circumstance is held invalid, the remaining
provisions of this Act and the application of such provisions to other persons or of the offender;
circumstances shall not be affected thereby. (2) Against one whose education, training, apprenticeship or
Section 8. Scope - This Act shall not apply to or affect pending prosecutions or tutorship is entrusted to the offender;
proceedings, or those which may be instituted under Executive Order No. 1, issued (3) When the sexual favor is made a condition to the giving
and promulgated on February 28, 1986. of a passing grade, or the granting of honors and scholarships,
Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its or the payment of a stipend, allowance or other benefits,
publication in the Official Gazette and in a newspaper of general circulation. privileges, or consideration; or

(4) When the sexual advances result in an intimidating,

Approved: July 12, 1991
hostile or offensive environment for the student, trainee or
apprentice.

Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission
thereof by another without which it would not have been committed,
shall also be held liable under this Act.

Section 4. Duty of the Employer or Head of Office in a Work-related, Education or

Training Environment. - It shall be the duty of the employer or the head of the
REPUBLIC ACT No. 7877 work-related, educational or training environment or institution, to prevent or deter
the commission of acts of sexual harassment and to provide the procedures for the
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
resolution, settlement or prosecution of acts of sexual harassment. Towards this end,
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND
the employer or head of office shall:
FOR OTHER PURPOSES.
(a) Promulgate appropriate rules and regulations in consultation with
Be it enacted by the Senate and House of Representatives of the Philippines in
and joint1y approved by the employees or students or trainees, through
Congress assembled:
their duly designated representatives, prescribing the procedure for the
Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of investigation of sexual harassment cases and the administrative
1995." sanctions therefor.

Section 2. Declaration of Policy. - The State shall value the dignity of every Administrative sanctions shall not be a bar to prosecution in the proper
individual, enhance the development of its human resources, guarantee full respect courts for unlawful acts of sexual harassment.
for human rights, and uphold the dignity of workers, employees, applicants for
The said rules and regulations issued pursuant to this subsection (a) shall
employment, students or those undergoing training, instruction or education.
include, among others, guidelines on proper decorum in the workplace
Towards this end, all forms of sexual harassment in the employment, education or
and educational or training institutions.
training environment are hereby declared unlawful.
(b) Create a committee on decorum and investigation of cases on sexual
Section 3. Work, Education or Training -Related, Sexual Harassment Defined. -
harassment. The committee shall conduct meetings, as the case may be,
Work, education or training-related sexual harassment is committed by an employer,
with officers and employees, teachers, instructors, professors, coaches,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
trainors, and students or trainees to increase understanding and prevent
coach, trainor, or any other person who, having authority, influence or moral
incidents of sexual harassment. It shall also conduct the investigation of
ascendancy over another in a work or training or education environment, demands,
alleged cases constituting sexual harassment.
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 In the case of a work-related environment, the committee shall be
Act. composed of at least one (1) representative each from the management,
the union, if any, the employees from the supervisory rank, and from the
(a) In a work-related or employment environment, sexual harassment is
rank and file employees.
committed when:
In the case of the educational or training institution, the committee shall
(1) The sexual favor is made as a condition in the hiring or in
be composed of at least one (1) representative from the administration,
the employment, re-employment or continued employment of
the trainors, instructors, professors or coaches and students or trainees,
said individual, or in granting said individual favorable
as the case may be.
compensation, terms of conditions, promotions, or privileges;
or the refusal to grant the sexual favor results in limiting, The employer or head of office, educational or training institution shall
segregating or classifying the employee which in any way disseminate or post a copy of this Act for the information of all
would discriminate, deprive ordiminish employment concerned.
opportunities or otherwise adversely affect said employee;
Section 5. Liability of the Employer, Head of Office, Educational or Training
Institution. - The employer or head of office, educational or training institution
shall be solidarily liable for damages arising from the acts of sexual harassment be, to be present during the initiation. It is the duty of such representative to see to
committed in the employment, education it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or
applicant.
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 Section 4. If the person subjected to hazing or other forms of initiation rites suffers
taken. any physical injury or dies as a result thereof, the officers and members of the
fraternity, sorority or organization who actually participated in the infliction of
Section 6. Independent Action for Damages. - Nothing in this Act shall preclude the
physical harm shall be liable as principals. The person or persons who participated
victim of work, education or training-related sexual harassment from instituting a
in the hazing shall suffer:
separate and independent action for damages and other affirmative relief.
1. The penalty of reclusion perpetua (life imprisonment) if death, rape,
Section 7. Penalties. - Any person who violates the provisions of this Act shall,
sodomy or mutilation results there from.
upon conviction, be penalized by imprisonment of not less than one (1) month nor
more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) 2. The penalty of reclusion temporal in its maximum period (17 years, 4
nor more than Twenty thousand pesos (P20,000), or both such fine and months and 1 day to 20 years) if in consequence of the hazing the victim
imprisonment at the discretion of the court. shall become insane, imbecile, impotent or blind.

Any action arising from the violation of the provisions of this Act shall prescribe in 3. The penalty of reclusion temporal in its medium period (14 years, 8
three (3) years. months and one day to 17 years and 4 months) if in consequence of the
hazing the victim shall have lost the use of speech or the power to hear
Section 8. Separability Clause. - If any portion or provision of this Act is declared or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or
void or unconstitutional, the remaining portions or provisions hereof shall not be shall have lost the use of any such member shall have become
affected by such declaration. incapacitated for the activity or work in which he was habitually
Section 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other engaged.
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
4. The penalty of reclusion temporal in its minimum period (12 years
repealed or modified accordingly. and one day to 14 years and 8 months) if in consequence of the hazing
Section 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its the victim shall become deformed or shall have lost any other part of his
complete publication in at least two (2) national newspapers of general circulation. body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance on the activity or work in which he
was habitually engaged for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and one
day to 12 years) if in consequence of the hazing the victim shall have
been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged for a period of more than thirty (30)
REPUBLIC ACT No. 8049 days.

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION 6. The penalty of prison mayor in its medium period (8 years and one
RITES IN FRATERNITIES, SORORITIES, AND OTHER day to 10 years) if in consequence of the hazing the victim shall have
ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged for a period of ten (10) days or more,
Section 1. Hazing, as used in this Act, is an initiation rite or practice as a or that the injury sustained shall require medical assistance for the same
prerequisite for admission into membership in a fraternity, sorority or organization period.
by placing the recruit, neophyte or applicant in some embarrassing or humiliating
situations such as forcing him to do menial, silly, foolish and other similar tasks or 7. The penalty of prison mayor in its minimum period (6 years and one
activities or otherwise subjecting him to physical or psychological suffering or day to 8 years) if in consequence of the hazing the victim shall have
injury. been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged from one (1) to nine (9) days, or that
The term "organization" shall include any club or the Armed Forces of the the injury sustained shall require medical assistance for the same period.
Philippines, Philippine National Police, Philippine Military Academy, or officer and
cadet corp of the Citizen's Military Training and Citizen's Army Training. The 8. The penalty of prison correccional in its maximum period (4 years, 2
physical, mental and psychological testing and training procedure and practices to months and one day to 6 years) if in consequence of the hazing the
determine and enhance the physical, mental and psychological fitness of prospective victim sustained physical injuries which do not prevent him from
regular members of the Armed Forces of the Philippines and the Philippine National engaging in his habitual activity or work nor require medical attendance.
Police as approved ny the Secretary of National Defense and the National Police
The responsible officials of the school or of the police, military or citizen's army
Commission duly recommended by the Chief of Staff, Armed Forces of the
training organization, may impose the appropriate administrative sanctions on the
Philippines and the Director General of the Philippine National Police shall not be
person or the persons charged under this provision even before their conviction.
considered as hazing for the purposes of this Act.
The maximum penalty herein provided shall be imposed in any of the following
Section 2. No hazing or initiation rites in any form or manner by a fraternity, instances:
sorority or organization shall be allowed without prior written notice to the school
(a) when the recruitment is accompanied by force, violence, threat,
authorities or head of organization seven (7) days before the conduct of such
intimidation or deceit on the person of the recruit who refuses to join;
initiation. The written notice shall indicate the period of the initiation activities
which shall not exceed three (3) days, shall include the names of those to be (b) when the recruit, neophyte or applicant initially consents to join but
subjected to such activities, and shall further contain an undertaking that no physical upon learning that hazing will be committed on his person, is prevented
violence be employed by anybody during such initiation rites. from quitting;

Section 3. The head of the school or organization or their representatives must (c) when the recruit, neophyte or applicant having undergone hazing is
assign at least two (2) representatives of the school or organization, as the case may prevented from reporting the unlawful act to his parents or guardians, to
 the proper school authorities, or to the police authorities, through force, NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines
violence, threat or intimidation; by virtue of the powers vested in me by the Constitution, do hereby order and
decree as part of the law of the land the following:
(d) when the hazing is committed outside of the school or institution; or
Section 1. Title. This decree shall be known as the Anti-Fencing Law.
(e) when the victim is below twelve (12) years of age at the time of the
hazing. Section 2. Definition of Terms. The following terms shall mean as follows:

The owner of the place where hazing is conducted shall be liable as an accomplice, (a) "Fencing" is the act of any person who, with intent to gain for
when he has actual knowledge of the hazing conducted therein but failed to take any himself or for another, shall buy, receive, possess, keep, acquire, conceal,
action to prevent the same from occurring. If the hazing is held in the home of one of sell or dispose of, or shall buy and sell, or in any other manner deal in
the officers or members of the fraternity, group, or organization, the parents shall be any article, item, object or anything of value which he knows, or should
held liable as principals when they have actual knowledge of the hazing conducted be known to him, to have been derived from the proceeds of the crime of
therein but failed to take any action to prevent the same from occurring. robbery or theft.

The school authorities including faculty members who consent to the hazing or who (b) "Fence" includes any person, firm, association corporation or
have actual knowledge thereof, but failed to take any action to prevent the same partnership or other organization who/which commits the act of fencing.
from occurring shall be punished as accomplices for the acts of hazing committed by
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder
the perpetrators.
indicated:
The officers, former officers, or alumni of the organization, group, fraternity or
(a) The penalty of prision mayor, if the value of the property involved is
sorority who actually planned the hazing although not present when the acts
more than 12,000 pesos but not exceeding 22,000 pesos; if the value of
constituting the hazing were committed shall be liable as principals. A fraternity or
such property exceeds the latter sum, the penalty provided in this
sorority's adviser who is present when the acts constituting the hazing were
paragraph shall be imposed in its maximum period, adding one year for
committed and failed to take action to prevent the same from occurring shall be
each additional 10,000 pesos; but the total penalty which may be
liable as principal.
imposed shall not exceed twenty years. In such cases, the penalty shall
The presence of any person during the hazing is prima facie evidence of be termed reclusion temporal and the accessory penalty pertaining
participation therein as principal unless he prevented the commission of the acts thereto provided in the Revised Penal Code shall also be imposed.
punishable herein.
(b) The penalty of prision correccional in its medium and maximum
Any person charged under this provision shall not be entitled to the mitigating periods, if the value of the property robbed or stolen is more than 6,000
circumstance that there was no intention to commit so grave a wrong. pesos but not exceeding 12,000 pesos.

This section shall apply to the president, manager, director or other responsible (c) The penalty of prision correccional in its minimum and medium
officer of a corporation engaged in hazing as a requirement for employment in the periods, if the value of the property involved is more than 200 pesos but
manner provided herein. not exceeding 6,000 pesos.

Section 5. If any provision or part of this Act is declared invalid or unconstitutional, (d) The penalty of arresto mayor in its medium period to prision
the other parts or provisions thereof shall remain valid and effective. correccional in its minimum period, if the value of the property involved
is over 50 pesos but not exceeding 200 pesos.
Section 6. All laws, orders, rules or regulations which are inconsistent with or
contrary to the provisions of this Act are hereby amended or repealed accordingly. (e) The penalty of arresto mayor in its medium period if such value is
over five (5) pesos but not exceeding 50 pesos.
Section 7. This Act shall take effect fifteen (15) calendar days after its publication in
at least two (2) national newspapers of general circulation. (f) The penalty of arresto mayor in its minimum period if such value
does not exceed 5 pesos.

Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership,

firm, corporation or association, the president or the manager or any officer thereof
who knows or should have known the commission of the offense shall be liable.

Section 5. Presumption of Fencing. Mere possession of any good, article, item,

object, or anything of value which has been the subject of robbery or thievery shall
PRESIDENTIAL DECREE No. 1612 be prima facie evidence of fencing.

ANTI-FENCING LAW OF 1979 Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of
this Act, all stores, establishments or entities dealing in the buy and sell of any
WHEREAS, reports from law enforcement agencies reveal that there is rampant
good, article item, object of anything of value obtained from an unlicensed dealer
robbery and thievery of government and private properties;
or supplier thereof, shall before offering the same for sale to the public, secure the
WHEREAS, such robbery and thievery have become profitable on the part of the necessary clearance or permit from the station commander of the Integrated
lawless elements because of the existence of ready buyers, commonly known as National Police in the town or city where such store, establishment or entity is
fence, of stolen properties;lawphil.net located. The Chief of Constabulary/Director General, Integrated National Police
shall promulgate such rules and regulations to carry out the provisions of this
WHEREAS, under existing law, a fence can be prosecuted only as an accessory after section. Any person who fails to secure the clearance or permit required by this
the fact and punished lightly; section or who violates any of the provisions of the rules and regulations
promulgated thereunder shall upon conviction be punished as a fence. lawphi1.net
WHEREAS, is imperative to impose heavy penalties on persons who profit by the
effects of the crimes of robbery and theft. Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with
the provisions of this Decree are hereby repealed or modified accordingly.

Section 8. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen every fifteen (15) days within five (5) days after the period covered,
hundred and seventy-nine. which shall contain:

(a) A complete inventory of such articles acquired daily from

whatever source and the names and addresses of the persons
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
from whom such articles were acquired.
SECTION 6 OF PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE
ANTI-FENCING LAW. (b) A full list of articles to be sold or offered for sale as well
as the place where the date when the sale or offer for sale
Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing
shall commence.
Law, the following rules and regulations are hereby promulgated to govern the
issuance of clearances/permits to sell used secondhand articles obtained from an (c) The place where the articles are presently deposited or
unlicensed dealer or supplier thereof: kept in stock.

I. Definition of Terms The Station Commander may, at his discretion when the circumstances
of each case warrant, require that the affidavit submitted be
1. "Used secondhand article" shall refer to any goods, article, item, object accompanied by other documents showing proof of legitimacy of the
or anything of value obtained from an unlicensed dealer or supplier,
acquisition of the articles.
regardless of whether the same has actually or in fact been used.
2. A party required to secure a clearance or permit under these rules and
2. "Unlicensed dealer/supplier" shall refer to any persons, partnership,
regulations shall file an application therefor with the Station
firm, corporation, association or any other entity or establishment not
Commander concerned. The application shall state:
licensed by the government to engage in the business of dealing in or of
supplying the articles defined in the preceding paragraph. (a) The name, address and other pertinent circumstances of
the persons, in case of an individual or, in the case of a firm,
3. "Store", "establishment" or "entity" shall be construed to include any
corporation, association, partnership or other entity, the name,
individual dealing in the buying and selling used secondhand articles, as
address and other pertinent circumstances of the president,
defined in paragraph hereof.
manager or officer-in-charge.
4. "Buy and Sell" refer to the transaction whereby one purchases used (b) The article to be sold or offered for sale to the public and
secondhand articles for the purpose of resale to third persons. the name and address of the unlicensed dealer or supplier
5. "Station Commander" shall refer to the Station Commander of the from whom such article was acquired.
Integrated National Police within the territorial limits of the town or city
In support of the application, there shall be attached to it the
district where the store, establishment or entity dealing in the buying and
corresponding receipt or other equivalent document to show proof of the
selling of used secondhand articles is located.
legitimacy of acquisition of the article.
II. Duty to Procure Clearance or Permit 3. The Station Commander shall examine the documents attached to the
1. No person shall sell or offer to sell to the public any used secondhand application and may require the presentation of other additional
article as defined herein without first securing a clearance or permit for documents, if necessary, to show satisfactory proof of the legitimacy of
the purpose from the proper Station Commander of the Integrated acquisition of the article, subject to the following conditions:
National Police. (a) If the legitimacy of acquisition of any article from an
2. If the person seeking the clearance or permit is a partnership, firm, unlicensed source cannot be satisfactorily established by the
corporation, or association or group of individuals, the clearance or documents presented, the Station Commander shall, upon
permit shall be obtained by or in the name of the president, manager or approval of the INP Superintendent in the district and at the
other responsible officer-in-charge thereof. expense of the party seeking the clearance/permit, cause the
publication of a notice in a newspaper of general circulation
3. If a store, firm, corporation, partnership, association or other for two (2) successive days enumerating therein the articles
establishment or entity has a branch or subsidiary and the used acquired from an unlicensed dealer or supplier, the names
secondhand article is acquired by such branch or subsidiary for sale to the and addresses of the persons from whom they were acquired
public, the said branch or subsidiary shall secure the required clearance or and shall state that such articles are to be sold or offered for
permit. sale to the public at the address of the store, establishment or
other entity seeking the clearance/permit. In places where no
4. Any goods, article, item, or object or anything of value acquired from
newspapers are in general circulation, the party seeking the
any source for which no receipt or equivalent document evidencing the
clearance or permit shall, instead, post a notice daily for one
legality of its acquisition could be presented by the present possessor or
week on the bulletin board of the municipal building of the
holder thereof, or the covering receipt, or equivalent document, of which
town where the store, firm, establishment or entity concerned
is fake, falsified or irregularly obtained, shall be presumed as having been
is located or, in the case of an individual, where the articles in
acquired from an unlicensed dealer or supplier and the possessor or
his possession are to be sold or offered for sale.
holder thereof must secure the required clearance or permit before the
same can be sold or offered for sale to the public. (b) If after 15 days, upon expiration of the period of
publication or of the notice referred to in the preceding
III. Procedure for Procurement of Clearances or Permits
paragraph, no claim is made with respect to any of the
1. The Station Commanders concerned shall require the owner of a store articles enumerated in the notice, the Station Commander
or the president, manager or responsible officer-in-charge of a firm, shall issue the clearance or permit sought.
establishment or other entity located within their respective jurisdictions
(c) If, before expiration of the same period for publication of
and in possession of or having in stock used secondhand articles as
the notice or its posting, it shall appear that any of the articles
defined herein, to submit an initial affidavit within thirty (30) days from
in question is stolen property, the Station Commander shall
receipt of notice for the purpose thereof and subsequent affidavits once
hold the article in restraint as evidence in any appropriate
 case to be filed. Articles held in restraint shall be kept and It shall be the duty of the owner of the store or of the president, manager or
disposed of as the circumstances of each case permit, taking responsible officer-in-charge of any firm, establishment or other entity or of an
into account all considerations of right and justice in the case. individual having in his premises articles to be sold or offered for sale to the public
In any case where any article is held in restraint, it shall be the to allow the Station Commander or his authorized representative to exercise
duty of the Station Commander concerned to advise/notify the visitorial powers. For this purpose, however, the power to conduct visitations shall
Commission on Audit of the case and comply with such be exercise only during office or business hours and upon authority in writing from
procedure as may be proper under applicable existing laws, and by the INP Superintendent in the district and for the sole purpose of
rules and regulations. determining whether articles are kept in possession or stock contrary to the intents
of Section 6 of P.D. No. 1612 and of these rules and regulations.
4. The Station Commander concerned shall, within seventy-two (72)
hours from receipt of the application, act thereon by either issuing the VII. Other Duties Imposed Upon Station Commanders and INP District
clearance/permit requested or denying the same. Denial of an application Superintendent and Directors Following Action on Applications for Clearances or
shall be in writing and shall state in brief the reason/s therefor. Permits

5. The application, clearance/permit or the denial thereof, including such 1. At the end of each month, it shall be the duty of the Station
other documents as may be pertinent in the implementation of Section 6 Commander concerned to:
of P.D. No. 1612 shall be in the forms prescribed in Annexes "A", "B",
(a) Make and maintain a file in his office of all
"C", "D", and "E" hereof, which are made integral parts of these rules and
clearances/permit issued by him.
regulations.
(b) Submit a full report to the INP District Superintendent on
6. For the issuance of clearances/permit required under Section 6 of P.D.
the number of applications for clearances or permits
No. 1612, no fee shall be charged.
processed by his office, indicating therein the number of
IV. Appeals clearances/permits issued and the number of applications
denied. The report shall state the reasons for denial of an
Any party aggrieved by the action taken by the Station Commander may elevate the application and the corresponding follow-up actions taken
decision taken in the case to the proper INP District Superintendent and, if he is still and shall be accompanied by an inventory of the articles to be
dissatisfied therewith may take the same on appeal to the INP Director. The decision
sold or offered for sale in his jurisdiction.
of the INP Director may also be appealed to the INP Director-General whose
decision may likewise be appealed to the Minister of National Defense. The decision 2. The INP District Superintendent shall, on the basis of the reports
of the Minister of National Defense on the case shall be final. The appeal against the submitted by the Station Commander, in turn submit quarterly reports to
decision taken by a Commander lower than the INP Director-General should be filed the appropriate INP Director containing a consolidation of the
to the next higher Commander within ten (10) days from receipt of notice of the information stated in the reports of Station Commanders in his
decision. The decision of the INP Director-General should be appealed within fifteen jurisdiction.
(15) days from receipt of notice of the decision.
3. Reports from INP District Superintendent shall serve as basis for a
V. Penalties consolidated report to be submitted semi-annually by INP Directors to
the Director-General, Integrated National Police.
1. Any person who fails to secure the clearance or permit required by
Section 6 of P.D. 1612 or who violates any of the provisions of these 4. In all cases, reports emanating from the different levels of the
rules and regulations shall upon conviction be punished as a fence. Integrated National Police shall be accompanied with full and accurate
inventories of the articles acquired from unlicensed dealers or suppliers
2. The INP Director-General shall recommend to the proper authority the and proposed to be sold or offered for sale in the jurisdictions covered
cancellation of the business license of the erring individual, store,
by the report.
establishment or the entity concerned.
These implementing rules and regulations, having been published in a newspaper of
3. Articles obtained from unlicensed sources for sale or offered for sale
national circulation, shall take effect on June 15, 1979.
without prior compliance with the provisions of Section 6 of P.D. No.
1612 and with these rules and regulations shall be held in restraint until FOR THE CHIEF OF CONSTABULARY DIRECTOR-GENERAL, INP:
satisfactory evidence or legitimacy of acquisition has been established.

4. Articles for which no satisfactory evidence of legitimacy of acquisition

is established and which are found to be stolen property shall likewise be
held under restraint and shall, furthermore, be subject to confiscation as
evidence in the appropriate case to be filed. If, upon termination of the
case, the same is not claimed by their legitimate owners, the article/s shall Republic Act No. 8294 June 6, 1997
be forfeited in favor of the government and made subject to disposition as
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE
the circumstances warrant in accordance with applicable existing laws,
NO. 1866, AS AMENDED, ENTITLED "CODIFYING THE LAWS ON
rules and regulations. The Commission on Audit shall, in all cases, be
ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN,
notified.
ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR
5. Any personnel of the Integrated National Police found violating the EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF
provisions of Section 6 of P.D. No. 1612 or any of its implementing rules FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
and regulations or who, in any manner whatsoever, connives with or STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND
through his negligence or inaction makes possible the commission of FOR RELEVANT PURPOSES."
such violations by any party required to comply with the law and its
Be it enacted by the Senate and House of Representatives of the Philippines in
implementing rules and regulations, shall be prosecuted criminally
Congress assembled::
without prejudice to the imposition of administrative penalties.
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further
VI. Visitorial Power
amended to read as follows:
 "Sec. 1. Unlawful manufacture, sale, acquisition, disposition or any of the explosives owned by such firm, company, corporation or
possession of firearms or ammunition or instruments used or intended to entity, to be used by any person or persons found guilty of violating the
be used in the manufacture of firearms or ammunition. – The penalty of provisions of the preceding paragraphs."
prision correccional in its maximum period and a fine of not less than
Fifteen thousand pesos (P15,000) shall be imposed upon any person who Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further
shall unlawfully manufacture, deal in, acquire, dispose, or possess any amended to read as follows:
low powered firearm, such as rimfire handgun, .380 or .32 and other "Sec. 5. Tampering of firearm's serial number. – The penalty of prision
firearm of similar firepower, part of firearm, ammunition, or machinery, correccional shall be imposed upon any person who shall unlawfully
tool or instrument used or intended to be used in the manufacture of any tamper, change, deface or erase the serial number of any firearm."
firearm or ammunition: Provided, That no other crime was committed.
Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further
"The penalty of prision mayor in its minimum period and a fine of Thirty amended to read as follows:
thousand pesos (P30,000) shall be imposed if the firearm is classified as
high powered firearm which includes those with bores bigger in diameter "Sec. 6. Repacking or altering the composition of lawfully manufactured
than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also explosives. – The penalty of prision correccional shall be imposed upon
lesser calibered firearms but considered powerful such as caliber .357 and any person who shall unlawfully repack, alter or modify the composition
caliber .22 center-fire magnum and other firearms with firing capability of any lawfully manufactured explosives."
of full automatic and by burst of two or three: Provided, however, That
Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed
no other crime was committed by the person arrested.
firearm shall include:
"If homicide or murder is committed with the use of an unlicensed
1) firearms with expired license; or
firearm, such use of an unlicensed firearm shall be considered as an
aggravating circumstance. 2) unauthorized use of licensed firearm in the commission of the crime.

"If the violation of this Sec. is in furtherance of or incident to, or in Section 6. Rules and regulations. – The Department of Justice and the Department
connection with the crime of rebellion or insurrection, sedition, or of the Interior and Local Government shall jointly issue, within ninety (90) days
attempted coup d'etat, such violation shall be absorbed as an element of after the approval of this Act, the necessary rules and regulations pertaining to the
the crime of rebellion, or insurrection, sedition, or attempted coup d'etat. administrative aspect of the provisions hereof, furnishing the Committee on Public
Order and Security and the Committee on Justice and Human Rights of both
"The same penalty shall be imposed upon the owner, president, manager,
Houses of Congress copies of such rules and regulations within thirty (30) days
director or other responsible officer of any public or private firm,
from the promulgation hereof.
company, corporation or entity, who shall willfully or knowingly allow
any of the firearms owned by such firm, company, corporation or entity Section 7. Separability clause. – If, for any reason, any Sec. or provision of this
to be used by any person or persons found guilty of violating the Act is declared to be unconstitutional or invalid, the other Sec.s or provisions
provisions of the preceding paragraphs or willfully or knowingly allow thereof which are not affected thereby shall continue to be in full force and effect.
any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or
employment. parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.
"The penalty of arresto mayor shall be imposed upon any person who
shall carry any licensed firearm outside his residence without legal Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following
authority therefor." its publication in the Official Gazette or in two (2) newspapers of general
circulation.
Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows: Approved: June 6, 1997.

"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or

possession of explosives. – The penalty of prision mayor in its maximum
period to reclusion temporal and a fine of not less than Fifty thousand
pesos (P50,000) shall be imposed upon any person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose or possess hand
grenade(s), rifle grenade(s), and other explosives, including but not
limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing destructive effect on contiguous
objects or causing injury or death to any person.

"When a person commits any of the crimes defined in the Revised Penal
Code or special laws with the use of the aforementioned explosives,
detonation agents or incendiary devices, which results in the death of any
person or persons, the use of such explosives, detonation agents or
incendiary devices shall be considered as an aggravating circumstance.

"If the violation of this Sec. is in furtherance of, or incident to, or in

connection with the crime of rebellion, insurrection, sedition or attempted
coup d'etat, such violation shall be absorbed as an element of the crimes
of rebellion, insurrection, sedition or attempted coup d'etat.

"The same penalty shall be imposed upon the owner, president, manager,
director or other responsible officer of any public or private firm,
company, corporation or entity, who shall willfully or knowingly allow