REPUBLIC ACT No.

18
AN ACT TO AMEND ARTICLES SIXTY-TWO, TWO HUNDRED AND SIXTY-SEVEN, TWO HUNDRED AND SIXTY-EIGHT, TWO
HUNDRED AND SEVENTY, TWO HUNDRED AND SEVENTY-ONE, TWO HUNDRED AND NINETY-FOUR, AND TWO HUNDRED
AND NINETY-NINE OF THE REVISED PENAL CODE

Section 1. The last paragraph of article sixty-two of the Revised Penal Code is hereby amended to read as follows:

"For the purposes of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of
his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsificacion, he is found
guilty of any of said crimes a third time or oftener."

Sec. 2. Article two hundred sixty-seven of the Revised Penal Code is hereby amended to read as follows:

"Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in any other
manner deprive him of his liberty, shall suffer the penalty of reclusion temporal in its maximum period to death:

"1. If the kidnapping or detention shall have lasted more than five days.
"2. If it shall have been committed simulating public authority. chan robles virtual law library
"3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him shall
have been made. chan robles virtual law library
"4. If the person kidnapped or detained shall be a minor, female or a public officer.

"The penalty shall be reclusion perpetua to death where the kidnapping or detention was committed for the purpose of extorting
ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the commission of
the offense."

Sec. 3. Article two hundred and sixty-eight of the Revised Penal Code is hereby amended to read as follows:

"Art. 268. Slight illegal detention. — The penalty of reclusion temporal shall be imposed upon any private individual who shall
commit the crimes described in the next preceding article without the attendance of any of the circumstances enumerated
therein.cralaw

"The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. chan robles virtual law
library

"If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the
detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty
shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos."

Sec. 4. Article two hundred and seventy of the Revised Penal Code should be amended to read as follows:

"Art. 270. Kidnapping and failure to return a minor. — The penalty of reclusion perpetua shall be imposed upon any person who,
being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians."

Sec. 5. Article two hundred and seventy-one of the Revised Penal Code should be amended to read as follows:

"Art. 271. Inducing a minor to abandon his home. — The penalty of prision correccional and a fine not exceeding seven hundred
pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parents or guardians or the persons
entrusted with his custody. chan robles virtual law library

"If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the
penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both." chan robles virtual law library

Sec. 6. Cases 2, 4 and 5 of Article two hundred ninety-four of the Revised Penal Code are hereby amended to read as follows:

"2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when the robbery shall have been accompanied
by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1
of article 263 shall have been inflicted. chan robles virtual law library

"4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation
employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime,
or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the
physical injuries covered by subdivisions 3 and 4 of said article 263.

"5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases."

Sec. 7. The first paragraph of article two hundred ninety-nine of the Revised Penal Code is hereby amended to read as follows:
"Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship. — Any armed person who shall commit
robbery in an inhabited house or public building or edifice devoted to religious worship, shall be punished by reclusion temporal, if the
value of the property taken shall exceed two hundred fifty pesos, and if: chan robles virtual law library

"(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:
"1. Through an opening not intended for entrance or egress.
"2. By breaking any wall, roof, or floor or breaking any door or window.
"3. By using false keys, picklocks or similar tools.
"4. By using any fictitious name or pretending the exercise of public authority.cralaw
"Or if ...cralaw

"(b) The robbery be committed under any of the following circumstances:

"1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;
"2. By taking such furniture or objects away to be broken or forced open outside the place of the robbery."

Sec. 8. This Act shall take effect upon its approval.

Approved: September 25, 1946

[BATAS REPUBLIKA BLG. 10368]

ISANG BATAS NA NAGKAKALOOB NG REPARASYON AT REKOGNISYON NG MGA BIKTIMA NG MGA PAGLABAG SA

KARAPATANG PANTAO NOONG REHIMENG MARCOS, DOKUMENTASYON NG NASABING MGA PAGLABAG, PAGLALAAN
NG MGA PONDO PARA DOON AT PARA SA IBANG MGA LAYUNIN

Isinasabatas ng Senado at ng Mababang Kapulungan ng Pilipinas na natitipon sa Kongreso:

KABANATA I

MGA PROBISYONG PRELIMINARYO

SEKSIYON 1. Maikling Pamagat. — Ang Batas na ito ay kikilalanin bilang “Batas sa Reparasyon at Rekognisyon ng mga Biktima sa
mga Karapatang Pantao ng 2013.”

SEK. 2. Pagpapahayag ng Polisiya. — Ipinahahayag ng Seksiyon 11 ng Artikulo II ng Saligang Batas ng 1987 ng Republika ng
Pilipinas na hinahalagahan ng Estado ang dangal ng bawat tao at tinitiyak ang ganap na paggalang para sa karapatang pantao.
Tungo sa ipinahayag na polisiyang ito, ipinagbabawal ng Seksiyon 12 ng Artikulo III ng Saligang Batas ang paggamit ng tortiyur,
lakas, karahasan, pagbabanta, intimidasyon, o anupamang ibang pamaraan na makasisira sa malayang loob at nag-aatas ng
kabayaran at rehabilitasyon ng mga biktima ng tortiyur o mga katulad na praktis atang kanilang mga pamilya.

Sa bisà ng Seksiyon 2 ng Artikulo II ng Saligang Batas na inaampon ang tinatanggap sa pangkalahatan na mga prinsipyo ng
pandaigdigang batas bílang bahagi ng batas ng bayan, sumusunod ang Pilipinas sa pandaigdigang mga batas at kumbensiyon sa
karapatang pantao, ang Pandaigdigang Pagpapahayag ng Karapatang Pantao, kasama ang International Covenant on Civil and
Political Rights (ICCPR) at ang Convention Against Torture (CAT) at Iba Pang Malupit, Di-Makatao, o Nakapanliliit na Pagturing na
nagpapataw sa bawat kasaping Estado ng pananagutang magpása ng pambansang batas na magpapatupad sa mga karapatang
kinikilala roon at upang tiyakin na sinumang nalabag ang mga karapatan o kalayaan ay magkakaroon ng epektibong lunas, kahit pa
ang paglabag ay naisagawa ng mga taong gumaganap sang-ayon sa tungkuling opisyal. Sa katunayan, ang karapatan sa isang
lunas ay mismong tinitiyak sa ilalim ng umiiral na mga kasunduan sa karapatang pantao at/o kinaugaliang batas na pandaigdigan,
bilang may katangiang di-mapasusubalian (jus cogens) at bilang gayon ay kinikilala bilang di-derogable.

Tugma sa mga nasa itaas, ipinapahayag dito ang polisiya ng Estado upang kilalanin ang kabayanihan at mga sakripisyo ng lahat ng
Filipino na naging biktima ng maramihang pagpaslang, tortiyur, pinuwersa o di-kusàng pagkawala at iba pang matitinding paglabag
sa mga karapatang pantao na nagawa noong rehimen ni dating Pangulong Ferdinand E. Marcos na sumasaklaw sa mga panahong
mula 21 Setyembre 1972 hanggang 25 Pebero 1986 at ibalik ang dangal at dignidad ng mga biktima. Kinikilala rito ng Estado ang
mga pananagutan nitong moral at legal upang kilalanin at/o magkaloob ng kabayaran sa mga naturang biktima at/o kanilang mga
pamilya para sa mga kamatayan, sakit, pagdurursa, pagkakait, at pinsalang dinanas nila sa ilalim ng rehimeng Marcos.

Gayundin, pananagutan ng Estado na kilalanin ang mga pagdurusa at pinsalang dinanas ng mga taong puwersahang kinuha ang
mga ari-arian at mga negosyo, inangkin o ginamit, o iyung ang mga propesyon ay napinsala at/o nasira, o iyung nilimitahan ang
kalayaan ng paggalaw, at/o iba pang mga biktima ng mga paglabag sa Bill of Rights.

SEK. 3. Kahulugan ng mga Termino. — Ang mga sumusunod na termino sang-ayon sa paggamit ng Batas na ito ay
mangangahulugan ng mga sumusunod:

(a) Ang detensiyon ay tumutukoy sa pagkuha sa isang tao upang ibilanggo nang laban sa kanyang kagustuhan ng mga taong
kumikilos sang-ayon sa kanilang opisyal na kakayahan at/o mga ahente ng Estado.

(b) Ang paglabag sa karapatang pantao ay tumutukoy sa anumang gawain o pagkaligtang isinagawa sa panahon mula 21
Setyembre 1972 hanggang 25 Pebrero 1986 ng mga taong kumikilos sang-ayon sa kanilang opisyal na kakayahan at/o mga ahente
ng Estado, subalit hindi limitado sa mga sumusunod:

(1) Anumang paghahanap, pag-aresto at/o detensiyon nang walang nang walang mabisàng warrant sa paghahanap o pagdakip na
inilabas ng isang sibilyang hukuman ng batas, kasama ang pag-aresto o detensiyong walang warrant na isinagawa sang-ayon sa
deklarasyon ng Batas Militar ng dating Pangulong Ferdinand E. Marcos gayundin ang anumang pag-aresto, detensiyon, o pagkakait
ng kalayaan na isinagawa sa nasasaklaw na panahon sang-ayon sa isang “Arrest, Search and Seizure Order (ASSO),” isang
“Presidential Commitment Order (PCO),” o isang “Preventive Detention Action (PDA),” at iba pang katulad na pahatid
tagapagpaganap sang-ayon sa mga inilarawan ng mga dekreto ng dating Pangulong Ferdinand E. Marcos, o sa anumang paraan na
ang pag-aresto, detensiyon, o pagkakait ng kalayaan ay ipinatupad;

(2) Ang pagpapataw ng isang taong kumikilos sa isang opisyal na kapasidad at/o isang ahente ng Estado ng pisikal na pananakit,
tortiyur, pagpatay, o paglabag sa iba pang mga karapatang pantano, sa iba pang taong nagsasanay ng mga karapatang sibil o
politikal, kasama na, bagaman hindi limitado sa, kalayaan ng pamamahayag, pagtitipon o samahan; at/o sa kalayaan na
magpetisyon sa pamahalaan para tugunan ang mga hinaing, kahit pa ang mga paglabag na iyon ay naganap habang o samantalang
isinasagawa ang itinuturing ng mga awtoridad nang panahong iyon bilang ilegal na pagtitipon o demonstrasyon; Basta at, Na ang
tortiyur sa anumang anyo o sa anumang pagkakataon ay ituturing na isang paglabag sa karapatang pantao;

(3) Anumang pinilit o di-kusàng pagkawalâ na idinulit sa isang taong inaresto, ikinulong o kinuha nang laban sa sariling kagustuhan o
kaya ay inalisan ng kalayaan, sang-ayon sa pagpapakahulugan sa Batas Republika Blg. 10350 {{1}} na kilala rin bilang “Batas Laban
sa Pinilit o Di-Kusàng Pagkawala ng 2012”;

(4) Anumang puwersa o intimidasyong nagbunga ng di-ginustong pag-alis ng isang tao mula sa Pilipinas;
(5) Anumang pamumuwersa, intimidasyon, o panlilinlang na nag-uuwi sa di-makatarungan o ilegal na pagkamkam sa isang negosyo,
pagkuha ng ari-arian, detensiyon ng (mga) may-ari at/o kanilang mga pamilya, pag-aalis ng ikinabubuhay ng isang tao ng mga
ahente ng Estado, kasama na ang mga idinulot ni Ferdinand E. Marcos, ng kanyang maybahay na si Imelda R. Marcos, ang kanilang
mga malalapit na kamag-anak sang-ayon sa dugo o kaugnayan, o gayundin ang mga taong itinuturing bilang kanilang malalapit na
kamag-anak, katuwang, mga crony, at mga pinapasunod sa ilalim ng Batas Tagapagpaganap Blg. 1, na inilabas noong 28 Pebrero
1986 ng noon ay Pangulong Corazon C. Aquino bilang pagpapatupad ng kanyang mga kapangyarihang lehislatibo sa ilalim ng
Saligang Batas ng Kalayaan.

(6) Anumang gawain o serye ng mga gawain na nagdulot, nagsagawa, at/o nagpatupad ng mga sumusunod:

(i) Pag-kidnap o kaya ay pananamantala sa mga anak ng mga taong pinaghihinalaang gumagawa ng mga laban sa rehimeng
Marcos;

(ii) Nagsasagawa ng mga paglabag na seksuwal laban sa mga biktima ng mga karapatang pantao na nakabilanggo at/o nasa yugto
ng pagsasagawa ng mga operasyon ng militar at/o pulisya; at

(iii) Iba pang mga paglabag at/o pag-abusong katulad o maitutulad sa mga nasa itaas, kasama na ang mga kinikilala ng batas
pandaigdigan.

(c) Ang Human Rights Violations Victim (HRVV) ay tumutukoy sa isang tao na ang mga karapatang pantao ay nalabag ng mga taong
gumaganap sa isang kapasidad na opisyal at/o mga ahente ng Estado sang-ayon sa pagpapakahulugan dito. Upang mapabilang
para sa babayaran sa ilalim ng Batas, ang paglabag sa karapatang pantao ay kinakailangang naisagawa sa panahong mula 21
Setyembre 1972 hanggang 25 Pebrero 1986: Basta at, gayumpaman, Na ang mga biktima ng mga paglabag sa karapatang pantao
na naisagawa isang (1) buwan bago ang 21 Setyembre 1972 at isang (1) buwan matapos ang 25 Pebrero 1986 ay makatatanggap
ng kabayaran, sa ilalim ng Batas na ito kapag kaya nilang mapagtibay na ang paglabag ay naisagawa:

(1) Ng mga ahente ng Estado at/o ng mga taong gumaganap sa isang opisyal na kapasidad sang-ayon sa pagpapakahulugan sa
ibaba;

(2) Para sa layunin ng pangangalaga, pagpapanatili, pagtataguyod, o pagpapalaganap ng naturang rehimen; o

(3) Upang itago ang mga pang-aabuso sa panahon ng rehimeng Marcos at/o ang mga bunga ng Batas Militar.

(d) Mga Taong Gumaganap sa isang Opisyal na Kapasidad at/o Mga Ahente ng Estado. ––Ang mga sumusunod na tao ay ituturing
na mga taong gumaganap sa isang opisyal na kapasidad at/o mga ahente ng Estado sa ilalim ng Batas na ito:

(1) Sinumang kasapi ng dating Philippine Constabulary (PC), ng dating Integrated National Police (INP), ng Armed Forces of the
Philippines (AFP), at ng Civilian Home Defense Force (CHDF) mula 21 Setyembre 1972 hanggang 25 Pebrero 1986 gayundin ang
sinumang ahenteng sibilyan na kasama roon; at sinumang kasapi ng pangkat na paramilitary kahit pa hindi ito organikong kabahagi
ng PC, INP, AFP, o CHDF basta at naipakitang ang pangkat ay binuo, pinondohan, binigyan ng mga kagamitan, pasilidad at/o mga
yaman, at/o nakapaloob sa doktrina, hinahawakan at/o pinapangasiwaan ng sinumang gumaganap sa isang opisyal na kapasidad
at/o ahente ng Estado sang-ayon sa pagpapakahulugan dito;
(2) Sinumang kasapi ng serbisyo sibil, kasama na ang mga taong may hinawakang posisyong pampubliko bilang halal o itinalagang
opisyal mula 21 Setyembre 1972 hanggang 25 Pebrero 1986;

(3) Mga táong tinutukoy sa Seksiyon 2(a) ng Kautusang Tagapagpaganap Blg. 1, na lumikha sa Presidential Commission on Good
Government (PCGG), na inilabas noong 28 Pebrero 1986 at sa mga kaugnay na batas ng noon ay Pangulong Corazon C. Aquino sa
pagpapatupad ng kanyang mga kapangyarihang lehislatibo sa ilalim ng Saligang Batas ng Kalayaan, kasama na ang dating
Pangulong Ferdinand E. Marcos, maybahay na Imelda R. Marcos, ang kanilang malalapit na kapamilya sa dugo o kaugnayan,
gayundin ang kanilang malalapit na kamag-anak, mga katuwang, mga crony, at mga pinapasunod; at

(4) Sinumang tao o (mga) pangkat ng taong gumaganap nang may pahintulot, pagtataguyod, o pagpayag ng Estado noong rehimeng
Marcos.

(e) Ang tortiyur ay tumutukoy sa anumang gawain na kusang nagpapataw ng matinding sakit o pagdurusa, pisikal man o mental, sa
sinumang taong nasa pangangalaga ng mga taong gumaganap sa isang opisyal na kapasidad at/o mga ahente ng Estado, sang-
ayon sa pagpapakahulugan ng batas, hurisprudensiya, mga kumbensiyong pandaigdigan, at Batas Republika Blg. 9745, na kilala rin
bilang “Batas Laban sa Tortiyur ng 2009”.

SEK. 4. Pagiging Karapat-dapat sa Kabayarang Pananalapi. –– Sinumang HRVV na kalipikado sa ilalim ng Batas na ito ay
makatatanggap ng kabayaran mula sa Estado, walang buwis, sang-ayon sa itinatalaga rito: Basta at, Na sa isang namatay o di-
kusang nawalang HRVV, ang mga legal na tagapagmanang sang-ayon sa Kodigo Sibil ng Pilipinas, o iba pang taong pinangalanan
ng tagapagpaganap o tagapangasiwa ng ari-arian ng yumao o di-kusang nawalang HRVV sang-ayon sa gayong pagkakasunod-
sunod, ay karapat-dapat na makatanggap ng naturang kabayaran: Basta at, gayundin, Na walang kikilalaning special power of
attorney sa mismong paglalabas ng gawad, at tanging ang biktima o ang binanggit na (mga) kasunod-sa-pagtanggap ang magiging
karapat-dapat upang personal na tanggapin ang nasabing kabayaran mula sa Lupon, maliban kung ang sangkot na biktima ay
naipakitang walang kakayahan sang-ayon sa pagtanggap ng Lupon: Basta at, higit pa rito, Na ang kabayarang natanggap sa ilalim
ng Batas na ito ay walang pagkilala sa pagtanggap ng ibang halaga ng HRVV mula sa sinumang tao o entidad sa anumang dahilang
may kinalaman sa mga paglabag sa mga karapatang pantao na binigyang-kahulugan sa Batas na ito.

SEK. 5. Kabayarang Di-Pananalapi. –– Ang Department of Health (DOH), Department of Social Welfare and Development (DSWD),
Department of Education (DepED), Commission on Higher Education (CHED), Technical Education and Skills Development Authority
(TESDA), at iba pang katulad na mga ahensiya ng pamahalaan ay magbibigay ng kinakailangang mga serbisyo bilang kabayarang
di-pananalapi para sa mga HRVV at/p kanilang mga pamilya, sang-ayon sa tutukuyin ng Lupon sang-ayon sa mga probisyon ng
Batas na ito. Ang halagang kinakailangan para sa layuning ito ay magmumula sa badyet ng sangkot na ahensiya sa taunang
General Appropriations Act (GAA).

SEK. 6. Halaga ng Kabayaran. — Ang halaga ng kabayaran sa ilalim ng Batas na ito ay sang-ayon sa tindi ng paglabag sa
karapatang pantao na naipataw sa HRVV at sang-ayon sa bilang ng mga puntos na nakatalaga sa indibidwal sa ilalim ng Seksiyon
19 mula rito.
SEK. 7. Pagkukunan ng Kabayaran. — Ang halagang Sampung bilyong piso (PHP10,000,000,000.00) at naipong interes na
bumubuo sa bahagi ng mga pondong isinalin sa pamahalaan ng Republika ng Pilipinas sa bisa ng Orden ng Swiss Federal Supreme
Court noong 10 Disyembre 1997, na tinanggap ng Korte Suprema ng Pilipinas bilang pangwakas at maipatutupad sa Republika vs.
Sandiganbayan noong 15 Hulyo 2003 (G.R. Blg. 152154) bilang yamang nakamal ng mga Marcos sa masamang paraan (ill-gotten
wealth) at binawi para sa Republika ng Pilipinas, ang pangunahing pagkukunan ng mga pondo para sa pagpapatupad ng Batas na
ito.

KABANATA II

ANG LUPON SA MGA KARAPATAN NG MGA BIKTIMA NG KARAPATANG PANTAO

SEK. 8. Paglikha at Pagbubuo ng Lupon sa mga Karapatan ng mga Biktima ng Karapatang Pantao. — Nilikha roon ang
nakapagsasarili at malahukumang pangkat na kikilalanin bilang Lupon sa mga Karapatan ng mga Biktima ng Karapatang Pantao, na
tutukuyin mula rito bilang Lupon. Bubuuin ito ng siyam (9) na kasapi, na magtataglay ng mga sumusunod na kalipikasyon:

(a) Kilalang marangal, may kakayahan at integridad;

(b) Kinakailangang may malalim at masaklaw na pag-unawa at kaalaman ng karapatang pantao at pakikisangkot sa mga pagsisikap
laban sa mga paglabag sa mga karapatang pantao na naisagawa noong rehimen ng dating Pangulong Ferdinand E. Marcos;

(c) May tatlong (3) taon man lamang na kasapi ng Philippine Bar na may pakikilahok sa praktis ng batas nang hindi bababa sa
sampung (10) taon; at

(d) Kinakailangang may malinaw at sapat na pag-unawa at pananagutan sa pangangalaga, pagtataguyod, at adbokasiya ng
karapatang pantao.

Ang Lupon sa mga Karapatan ng mga Biktima ng Karapatang Pantao ay ikakawing bagaman hindi nakapailalim sa Commission on
Human Rights (CHR).

Isasaayos ng Lupon ang sarili nito sa loob ng tatlumpung (30) araw mula sa pagkompleto ng itinalagang siyam (9) na kasapi at mula
roon ay isasaayos ang Secretariat nito.

SEK. 9. Pagtatalaga sa Lupon. — Ang Pangulo ang magtatalaga sa Tagapangulo at sa walong (8) iba pang kasapi ng Lupon: Basta
at, Na ang mga organisasyon para sa karapatang pantao tulad ng, bagaman hindi limitado sa Task Force Detainees of the
Philippines (TFDP), Free Legal Assistance Group (FLAG), Movement of Attorneys for Brotherhood, Integrity and Nationalism
(MABINI), Families of Victims of Involuntary Disappearance (FIND), at Samahan ng mga Ex-Detainees Laban sa Detensyon at
Aresto (SELDA) ay makapagpapása ng mga nominasyon sa Pangulo.

SEK. 10. Mga Kapangyarihan at Gawain ng Lupon. — Ang Lupon ay magkakaroon ng mga sumusunod na kapangyarihan at gawain:

(a) Tumanggap, magtaya, magproseso, at magsiyasat ng mga aplikasyon para sa mga claim sa ilalim ng Batas na ito;

(b) Maglabas ng (mga) subpoenang ad testificandum at (mga) subpoenang duces tecum;

(c) Magsagawa ng mga nakapagsasariling gawaing administratibo at magsaayos ng mga di-pagkakasundo kaugnay ng mga claim;

(d) Tanggapin nang mapasusubalian ang lahat ng karapat-dapat na claim sa ilalim ng Batas na ito;

(e) Kumatawan sa mga angkop na ahensiya ng pamahalaan upang tulungan itong maipatupad nang epektibo ang mga gawain nito;

(f) Itaguyod ang mga tuntunin na maaaring kailanganin upang ipatupad ang mga layunin ng Batas na ito, kasama na ang tuntuning
susundin sa pagsasagawa nito, nang isinasaalang-alang ang Nirebisang Tuntuntin ng Korte ng Pilipinas sa pagpapatupad;

(g) Magpataw ng administratibong kontrol at superbisyon sa Secretariat nito;

(h) Ang Lupon, sang-ayon sa pasya nito, ay maaaring kumonsulta sa mga organisasyon para sa karapatang pantao na binanggit sa
Seksiyon 9; at

(i) Magsagawa ng iba pang mga tungkulin, gawain, at pananagutang maaaring kailanganin upang mabisang makamit ang mga
layunin ng Batas na ito.

SEK. 11. Resolusyon ng mga Claim. — Ang Lupon ay bubuuin ng tatlong (3) dibisyon na kikilos nang sabay-sabay at
nakapagsasarili sa isa’t isa para sa resolusyon ng mga claim na babayaran. Bawat dibisyon ay bubuuin ng isang (1) Tagapangulo,
na kasapi ng Philippine Bar at dalawang (2) kasapi na itatalagang en banc ng Lupon.

SEK. 12. Mga Kabayaran. — Ang Tagapangulo at mga kasapi ng Lupon ay magkakaroon ng ranggo, suweldo, kabayaran, at mga
alawans na katumbas ng Gumaganap na Hukom at pagkatapos ay ng Katuwang na Hukom ng Korte ng Apelasyon.

SEK. 13. Secretariat ng Lupon. — Ang Lupon ay tutulungan ng isang Secretariat na maaaring magmula sa kasalukuyang kawani ng
CHR nang walang pagkiling laban sa pagkuha ng dagdag na kawani sang-ayon sa titiyakin ng Lupon upang maharap ang dami ng
kinakailangang gawain. Ang mga sumusunod ang mga gawain ng Secretariat:

(a) Tumanggap, magtaya, magproseso, at magsiyasat ng mga aplikasyon para sa mga claim sa ilalim ng Batas na ito;

(b) Magmungkahi sa Lupon ng mga tatanggaping aplikasyon para sa mga claim;

(c) Tulungan ang Lupon sa mga gawaing teknikal; at

(d) Magsagawa ng iba pang tungkuling ipapagawa ng Lupon.

Ang Tagapangulo ng Lupon ay magtatalaga ng isang Kalihim ng Lupon na siyang mamumuno sa Secretariat sa buong panahon ng
pag-iral ng Lupon. Magkakaroon ng Puno ng Technical Staff na tutulungan ng limang (5) Legal na Opisyal at tatlong (3) Opisyal na
Paralegal; at isang Puno ng Administratibong Staff na tutulungan ng tatlong (3) Staff para sa Tulong Administratibo.

Kapag kinakailangan, maaaring kumuha ang lupon ng dagdag na empleadong kontraktuwal o mangontrata ng serbisyo para
magkaloob ng mga serbisyo bilang mga tagapayo, sikolohista, social worker, at mga espesyalista sa pampublikong edukasyon, at
iba pa, upang suhayan ang mga serbisyo ng Secretariat: Basta at, Na ang pinakamataas na halaga ng kontrata bawat taon ay hindi
tataas sa labinlimang bahagdan (15%) ng kabuuang taunang badyet para sa operasyon ng Lupon.

SEK. 14. Badyet para sa Operasyon ng Lupon. — Ang badyet para sa operasyon ng Lupon ay magmumula sa Sampung bilyong
pisong (PHP10,000,000,000.00) pondo, nang may Sampung milyong piso (PHP10,000,000.00) bilang pauna nitong badyet sa
operasyon: Basta at, Na hindi ito lalampas sa Limampung milyong piso (PHP50,000,000.00) kada taon.

SEK. 15. Wastong Paglalabas ng Pondo. — Titiyakin ng Lupon na ang mga pondong nakalaan o iyong magagamit bilang kabayaran
sa mga HRVV ay nailalabas nang wasto sang-ayon sa mga polisiyang inilahad ng Kongreso at iba pang may-kaugnayang mga
tuntunin, regulasyon, at pamamaraan ng akawnting ng pamahalaan.

KABANATA III

MGA MAY KARAPATAN, PAGBABAYAD, AT PAGKILALA

SEK. 16. Mga May Claim. — Sinumang HRVV ay maaaring magpasa ng claim sa Lupon para sa kabayaran at/o pagkilala sang-ayon
sa mga probisyon ng Batas na ito.

SEK. 17. Pangwakas na Pagkilala na HRVV ang Isang Tao sa Ilalim ng Batas na Ito. –– Ang mga nagpasa ng claim sa isang class
suit at tuwirang mga nagsasampa ng aksiyon sa Paglilitis para sa Karapatang Pantao Laban sa Estado ni Ferdinand E. Marcos (MDL
Blg. 840, CA Blg. 88-0390) sa US Federal District Court ng Honolulu, Hawaii kung saan inilabas ang isang pumapabor na husga, ay
bibigyan ng pangwakas na pagkilala na sila ay mga HRVV: Basta at, Na ang mga HRVV na kinilala ng Bantayog Ng Mga Bayani
Foundation ay bibigyan din ng parehong pangwakas na pagkilala: Basta at, gayundin, Na walang nariritong ipagpapalagay na mag-
aalis sa Lupon ng orihinal nitong hurisdiksiyon at ng nakapaloob ditong kapangyarihan upang tiyakin ang saklaw ng mga paglabag
sa karapatang pantao at ang mga katumbas na kabayaran at/o pagkilala na maaaring ipagkaloob.

SEK. 18. Pagkilalang Motu Propio. — Maaaring kunin ng Lupon ang panghukom na motu propio ng mga indibidwal na nagdusa sa
mga paglabag sa karapatang pantao sang-ayon sa pagpapakahulugan dito at bigyan ang mga ito ng pagkilala bilang mga HRVV at
isa sa Hanay ng mga Biktima sang-ayon sa itinala ng Seksiyon 26 mula rito.

SEK. 19. Pagtiyak sa Gawad. — (a) Susundin ng Lupon ang sistemang de-puntos sa pagtiyak sa gawad. Ang lawas ay mula isa (1)
hanggang sampung (10) puntos, tulad ng mga sumusunod:

(1) Ang mga biktimang namatay o nawala at patuloy pa ring nawawala ay bibigyan ng sampung (10) puntos;

(2) Ang mga biktimang tinortiyur at/o ginahasa o inabusong seksuwal ay bibigyan ng anim (6) hanggang siyam (9) na puntos;

(3) Ang mga biktimang ikinulong ay bibigyan ng tatlo (3) hanggang limang (5) puntos; at

(4) Ang mga biktimang nilabag ang mga karapatan sa ilalim ng Seksiyon 3, talata (b), mga bilang (4), (5), at (6) ng Batas na ito ay
bibigyan ng isa (1) hanggang dalawang (2) puntos.

Gagamitin ng Lupon ang kapangyarihan nito nang may kaukulang ingat sa pagtukoy sa puntos ng bawat biktima, na magiging batay
sa uri ng paglabag na isinagawa laban sa HRVV, sa dalas, at sa tagal ng paglabag. Sa bawat kategorya, ang mga HRVV na mas
dumanas ng pagdurusa ang makatatanggap ng mas maraming puntos. Sa mga pagkakataon na ang isang biktima ay nasa ilalim ng
higit sa isang kategorya, igagawad sa kanya ang mga puntos ng mas mataas na kategorya: Basta at, Na sa mga kaso kung saan
may ilang katanggap-tanggap na ipinasang claim para sa kabayaran sa o sa ngalan ng isang partikular na HRVV, ang Lupon ay
maggagawad lamang ng isang (1) katanggap-tanggap na claim na tumutumbas sa kategoryang mayroong pinakamataas na bilang
ng puntos para sa bawat katanggap-tanggap na nagpasa ng claim.

(b) Magpapatuloy ang Lupon sa pagtiyak sa gawad ng bawat may karapatan sa ilalim ng mga Seksiyon 16, 17, at 18 ng Batas na ito.

(c) Saka bibilangin ng Lupon ang pangwakas na halaga sa salapi ng gawad para sa isang tao na katumbas sa halagang bilang ng
isang puntos katapat ng bilang ng mga puntos na matatanggap ng isang may karapatan, sang-ayon sa dati nang tinukoy ng Lupon.

(d) Sa loob ng tatlumpung (30) araw matapos tanggapin ng Lupon bilang pangwakas ang lahat ng katanggap-tanggap na claim bago
ito at matapos ang kaukulang paglalathala ng naturang lehitimong claim, magkakaroon ng bisa ang gawad ng kabayarang
pananalapi: Basta at, Na anumang nakasalang na apelang ipinasa ng napinsang may karapatan o sa harap ng Lupong en banc ay
kinakailangang resolbahin nito sa loob ng animnapung (60) araw bago maging functus officio ang Lupon.

KABANATA IV

MGA PANGKALAHATANG PROBISYON

SEK. 20. Pagsasalin ng Pondo. — Sang-ayon sa husgang binanggit sa Seksiyon 7 nito, ang halagang Sampung bilyong piso
(PHP10,000,000,000.00) at ang naipong interes ay itatabi at ilalaan sa pondo para sa mga layunin ng Batas na ito.

SEK. 21. Dokumentasyon ng mga Paglabag sa Karapatang Pantao na Naisagawa ng Rehimeng Marcos. — Sa pagpapatupad ng
Batas na ito at nang walang pagkiling laban sa anumang iba pang dokumentaryo o ibang ebidensiya na maaaring hingin para sa
paggagawad ng anumang kabayaran, sinumang HRVV na naghahangad ng kabayaran ay magsasagawa ng isang detalyadong
sinumpaang salaysay na nagsasaad ng mga pangyayaring kaugnay ng naisagawang (mga) paglabag sa karapatang pantao.

SEK. 22. Publikasyon. — Sang-ayon sa Seksiyon 23 nito, ang Lupon, matapos magtipon, ay magtatakda ng panahon para sa
pagsisimula at pagtatapos ng mga aplikasyon ng mga HRVV at magsisimula ng paglalathala niyon: Basta at, Na ang naturang
panahon ay magsisimula lamang nang labinlimang (15) araw matapos ang huli nitong publikasyon, na magiging isang beses sa
isang linggo sa loob ng tatlong (3) magkakasunod na linggo sa hindi bababa sa dalawang (2) pambansang pahayagan na may
malawakang sirkulasyon.
SEK. 23. Panahon ng Pagpapasa ng mga Claim; Waiver. — Ang isang HRVV ay kinakailangang magpasa ng aplikasyon para sa
kabayaran sa Lupon sa loob ng anim (6) na buwan simula sa pagkakaroon ng bisa ng implementing rules and regulations (IRR) ng
Batas na ito: Basta at, Na ang kabiguang makapagpasa ng aplikasyon sa loob ng naturang panahon ay ituturing na isang waiver ng
karapatang makapagpasa ng gayon: Basta at, gayundin, Na para sa mga HRVV na patay na, walang kakayahan, o nawawala dahil
sa pinilit na pagkawala, ang mga legal nilang (mga) tagapagmana o kinatawan ay maaaring magpasa ng isang aplikasyon para sa
kabayaran sa ngalan nila.

Anumang di-pagsang-ayon sa bagong (mga) aplikasyon sang-ayon sa Seksiyon 16 nito ay kikilalanin lamang kung naipasa iyon sa
loob ng labinlimang (15) araw mula sa araw ng huling publikasyon ng opisyal na talaan ng mga maaaring claimant sang-ayon sa
pagtukoy ng Lupon. Ang Lupon ang maglalathala ng opisyal na talaan ng mga maaaring claimant isang beses sa isang linggo sa
loob ng tatlong (3) magkakasunod na linggo sa hindi bababa sa dalawang (2) pambansang pahayagan na may malawakang
sirkulasyon.

SEK. 24. Apela. — Sinumang napinsalang claimant o di-sang-ayon ay maaaring magpasa ng apela sa loob ng sampung (10) araw
sa kalendaryo mula sa pagtanggap ng Resolusyon ng Dibisyon sa Lupong en banc, na ang pasya ay magiging pangwakas at
maipatutupad.

SEK. 25. Mga Multa; Paglalapat ng Binagong Kodigo Penal. — Sinumang claimant na napatunayan ng Lupon, matapos ang
kaukulang pagdinig, na nagpasa ng isang pekeng claim, ay ipapasa sa angkop na tanggapan para sa paglilitis. Kapag nahatulan,
mabibilanggo siya nang walo (8) hanggang sampung (10) taon, hindi makapapasok sa tanggapan at trabahong pampubliko, at
mawawalan ng karapatang bumoto at iboto sa anumang pambansa at lokal na halalan, kahit matapos na pagsilbihan ang sentensiya
maliban kung pagkalooban ng ganap na pardon.

Sinumang kasapi ng Lupon at ng Secretariat nito, opisyal na pampubliko, kawani ng isang ahensiya o sinumang pribadong indibidwal
na inatasang ipatupad ang Batas na ito na gagamitin sa maling paraan, nanakawin, o ilalaan sa di-dapat ang mga pondo para sa
kabayaran sa mga HRVV o magsasagawa ng panlilinlang sa pagpoproseso ng mga dokumento at claim ng mga HRVV, o
makikipagsabwatan sa sinumang indibidwal upang isagawa rin iyon, ay lilitisin din.

Sinumang kasapi ng Lupon at ng Secretariat nito, opisyal na pampubliko, kawani ng isang ahensiya o sinumang pribadong indibidwal
na inatasang ipatupad ang Batas na ito na napatunayang nagkasala ng alinman o lahat ng ipinagbabawal na gawaing binanggit sa
sinundang talata, o ng mga gawaing mapaparusahan sa ilalim ng Binagong Kodigo Penal ay paparusahan sa ilalim ng mga kaugnay
na probisyon ng Kodigo at mga kaugnay na espesyal na batas penal.

SEK. 26. Talaan ng mga Biktima. — Ang mga taong HRVV, maging sila man ay humingi ng kabayaran o hindi, ay bibigyan ng
pagkilala sa pamamagitan ng paglalagay ng kanilang mga pangalan sa isang Talaan ng mga Biktima ng Karapatang Pantao na
ihahanda ng Lupon.

Isang Memoryal/Museo/Aklatan ang itatatag bilang parangal at sa alaala ng mga biktima ng mga paglabag sa karapatang pantao na
ang mga pangalan ay ilalagay sa Talaan. Isang kalipunan ng kanilang mga sakripisyo ang ihahanda na maaaring tingnan at
sangguniin sa internet. Ang Memoryal/Museo/Aklatan/Kalipunan ay magkakaroon ng hindi bababa sa Limang daang milyong piso
(PHP500,000,000.00) mula sa naipong interes ng Sampung bilyong pisong (PHP10,000,000,000.00) pondo.

Maaari ding ilantad ang Talaan sa mga ahensiya ng pamahalaan na maitatalaga ng HRVV Memorial Commission na nililikha rito sa
ibaba.

SEK. 27. Human Rights Violations Victims’ Memorial Commission. — Nililikha rito ang isang Komisyon na kikilalanin bilang Human
Rights Violations Victims’ Memorial Commission, at tatawagin mula rito bilang Komisyon, pangunahin para sa pagtatatag, pagbawi,
pagpapanatili, at pag-iingat ng Memoryal/Museo/Aklatan/Kalipunan bilang pagpaparangal sa mga HRVV sa panahon ng rehimeng
Marcos.

Ang mga kapangyarihan at gampanin ng Komisyon ay hahawakan ng Lupon ng mga Trustee na bubuuin ng mga sumusunod:
Tagapangulo ng CHR bilang Tagapangulo; Tagapangulo ng National Historical Commission bilang Katuwang na Tagapangulo; at
ang mga Tagapangulo ng CHED at National Commission on Culture and the Arts (NCCA), ang Kalihim ng Kagawaran ng
Edukasyon, at Puno ng Pangunahing Aklatan ng Unibersidad ng Pilipinas sa Diliman bilang mga kasapi.

Ang Lupon ng mga Trustee ang may kapangyarihang tumanggap at magtalaga ng mga opisyal nito at kawani, tumanggap ng mga
donasyon at grant para at sa ngalan nito, at lumikha ng rebenyu para sa pakinabang ng Komisyon.

Ang Komisyon ay ikakawing sa CHR para lamang sa mga layunin ng pagbabadyet at administrasyon. Ang badyet para sa operasyon
ng Komisyon ay magmumula sa Batas Pangkalahatang Apropyasyon.

Makikipag-ugnayan at makikipagtulungan din ang Komisyon sa DepED at sa CHED upang matiyak na ang pagtuturo ng mga
karahasa ng Batas Militar, ang mga buhay at mga sakripisyo ng mga HRVV sa ating kasaysay ay kasama sa mga kurikulum ng
edukasyong batayan, sekundaryo, at tersiyaryo
KABANATA V

MGA PANGWAKAS NA PROBISYON

SEK. 28. Mga Gabay para sa Implementing Rules and Regulations (1RR). — Sa pagpapatupad ng Batas na ito at sa pagbubuo ng
mga katumbas na mga tuntunin at regulasyon, at upang matiyak na lahat ng aplikasyon ay natingnan nang wasto para sa mga
mapanlinlang na claim, kinakailangang magpakita ng Lupon ng:

(a) Pagiging bukas sa pagpoproseso ng mga claim;

(b) Isang paraan na magpapahintulot sa sinuman upang labanan ang isang aplikasyon o claim sa dahilang isa itong panlilinlang,
katha, o peke at nagbibigay rito ng pagkakataon upang tanungin iyon at magharap ng ebidensiya bilang suporta roon; at

(c) Isang paraan na mabilis at agaran nang hindi naisasaalang-alang ang mga pundamental na karapatan ng sinumang panig.

Sa loob ng labinlimang (15) araw mula sa araw ng organisasyon nito, ang Lupon ay magpapatibay ng kinakailangang IRR at mga
hakbang para sa mabisang pagpapatupad ng Batas na ito. Ang IRR ay magkakaroon ng bisa labinlimang (15) araw matapos ang
publikasyon nito sa dalawang (2) pambansang pahayagan na may malawakang sirkulasyon.
SEK. 29. Panahon ng Paggawa; Sugnay ng Pagsasara. — Tatapusin ng Lupon ang gawain nito sa loob ng dalawang (2) taon mula
sa pagkakabisà ng IRR na pinagtibay nito. Matapos ang panahong iyon, magiging functus officio ito.

SEK. 30. Sugnay ng Pagkakahiwalay. — Sa kung anumang dahilan at ang anumang seksiyon o probisyon ng Batas na ito ay
ipahayag na hindi sang-ayon sa konstitusyon o walang bisa, ang ibang mga seksiyon o mga probisyon na hindi naapektuhan mula
roon ay mananatiling may ganap na puwersa at bisà.

SEK. 31. Sugnay na Pambawi. — Lahat ng batas, dekreto, kautusang tagapagpaganap, mga tuntunin at regulasyon, at iba pang
inilabas o bahagi ng mga iyon hindi naaayon sa mga probisyon sa Batas na ito, kasama na ang Seksiyon 63(b) ng Batas Republika
Blg. 6657, sang-ayon sa pagsusog dito, na kilala rin bilang Batas sa Malawakang Repormang Agraryo ng 198 at Seksiyon 40(a) ng
Batas Republika Blg. 7160, na kilala rin bilang Kodigo ng Lokal na Pamahalaan ng 1991, ay binabawi rito, binabago, o sinususugan
nang naaayon dito.

SEK. 32. Sugnay ng Pagkakabisà. — Ang Batas na ito ay magkakaroon ng bisà sa loob ng labinlimang (15) araw matapos ang
kompletong publikasyon nito sa Official Gazette o sa dalawa (2) man lamang pahayagang pambansa na may malawang sirkulasyon.

Inaprubahan,

(Lagda) JUAN PONCE ENRILE

Pangulo ng Senado

(Lagda) FELICIANO BELMONTE JR.

Ispiker ng Mababang Kapulungan

Ang Batas na itong konsolidasyon ng Panukalang Batas sa Mababang Kapulungan Blg. 5990 at Panukalang Batas sa Senado Blg.
3334 ay tuluyan nang naipasa ng Mababang Kapulungan at Senado noong 28 Enero 2013.

(Lagda) EMMA LIRIO-REYES

Kalihim ng Senado

(Lagda) MARILYN B. BARUA-YAP

Kalihim-Heneral Mababang Kapulungan

Pinagtibay: 25 PEB 2013

(Lagda) BENIGNO S. AQUINO III

Pangulo ng Pilipinas

[[1]] Tumutukoy ito sa Batas Republika Blg. 10353 o “Isang Batas na nagbibigay-kahulugan at nagpaparusa sa pinuwersa at di-
kusàng pagkawala” [[1]]

*Di-opisyal na salin ng Official Gazette, sa layong magpalaganap ng impormasyon sa madla.

REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

Metro Manila
REPUBLIC ACT NO. 7659
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE
REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES
WHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1) thereof, states “Excessive fines shall not be imposed
nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. . .”;
WHEREAS, the crimes punishable by death under this Act are heinous for being grievous, odious and hateful offenses and which, by
reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just, civilized and ordered society;
WHEREAS, due to the alarming upsurge of such crimes which has resulted not only in the loss of human lives and wanton
destruction of property but also affected the nation’s efforts towards sustainable economic development and prosperity while at the
same time has undermined the people’s faith in the Government and the latter’s ability to maintain peace and order in the country;
WHEREAS, the Congress, in the justice, public order and the rule of law, and the need to rationalize and harmonize the penal
sanctions for heinous crimes, finds compelling reasons to impose the death penalty for said crimes;
Now, therefore,
Section 1. Declaration of Policy. – It is hereby declared the policy of the State to foster and ensure not only obedience to its
authority, but also to adopt such measures as would effectively promote the maintenance of peace and order, the protection of life,
liberty and property, and the promotion of the general welfare which are essential for the enjoyment by all the people of the blessings
of democracy in a just and humane society;
Section 2. Article 114 of the Revised Penal Code, as amended, is hereby amended to read as follows:
“Art. 114. Treason. – Any Filipino citizen who levies war against the Philippines or adheres to her enemies giving them aid or comfort
within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000
pesos.”
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of
the accused in open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be punished
by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos.”
Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is hereby amended to read as follows:
“Section Three. – Piracy and mutiny on the high seas or in the Philippine waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. – The penalty of reclusion perpetua shall be inflicted
upon any person who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.”

Art. 123. Qualified piracy. – The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves or;
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.”
Section 4. There shall be incorporated after Article 211 of the same Code a new article to read as follows:
“Art. 211-A. Qualified Bribery. – If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting
an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or
present, he shall suffer the penalty for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death.”
Section 5. The penalty of death for parricide under Article 246 of the same Code is hereby restored, so that it shall read as follows:
“Art. 246. Parricide. – Any person who shall kill his father, mother, or child, whether legitimate of illegitimate, or any of his
ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to
death.”
Section 6. Article 248 of the same Code is hereby amended to read as follows:
“Art. 248. Murder. – Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and
shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an
airship, or by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.”
Section 7. Article 255 of the same Code is hereby amended to read as follows:
“Art. 255. Infanticide. – The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any
person who shall kill any child less than three days of age.
If any crime penalized in this Article be committed by the mother of the child for the purpose of concealing her dishonor, she shall
suffer the penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the
maternal grandparents or either of them, the penalty shall be reclusion temporal.”

Section 8. Article 267 of the same Code is hereby amended to read as follows:
“Art. 267. Kidnapping and serious illegal detention. – Any private individual who shall kidnap or detain another, or in any other
manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have
been made.
4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female or a public officer.
The penalty shall be death penalty where the kidnapping or detention was committed for the purpose of extorting ransom from the
victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the
maximum penalty shall be imposed.”
Section 9. Article 294 of the same Code is hereby amended to read as follows:
“Art. 294. Robbery with violence against or intimidation of persons – Penalties. – Any person guilty of robbery with the use of violence
against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been
committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery,
any of the physical injuries penalized in subdivision I of Article 263 shall have been inflicted.
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in
subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation
employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime,
or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the
physical injuries covered by subdivisions 3 and 4 of said Article 263.
5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.”
Section 10. Article 320 of the same Code is hereby amended to read as follows:
“Art. 320. Destructive Arson. – The penalty of reclusion perpetua to death shall be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed
on several or different occasions.
2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a
definite purpose such as, but not limited to, official governmental function or business, private transaction, commerce, trade,
workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient
dwellings, public conveyances or stops or terminals, regardless of whether the offender had knowledge that there are persons in said
building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use,
entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the
purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion perpetua to death shall
likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of
whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or
another violation of law.
The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of
the Government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
If as a consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death
shall be imposed.”
Section 11. Article 335 of the same Code is hereby amended to read as follows:
“Art. 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following
circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion
perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim.
2. when the victim is under the custody of the police or military authorities.
3. when the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of
consanguinity.
4. when the victim is a religious or a child below seven (7) years old.
5. when the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.
6. when committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement
agency.
7. when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation.”

Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is hereby amended to read as
follows:
“Sec. 2. Definition of the Crime of Plunder; Penalties. – Any public officer who, by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires
ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount
or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion
perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime
of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance
of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court
shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of
stocks derived from the deposit or investment thereof forfeited in favor of the State.”
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act
1972, are hereby amended to read as follows:
“Sec. 3. Importation of Prohibited Drugs. – The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring into the Philippines
any prohibited drug.
“Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs. – The penalty of reclusion perpetua to
death and a fine from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by
law, shall sell, administer, deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall act as
a broker in any of such transactions.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a prohibited
drug involved in any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein
provided shall be imposed.
“Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. – The penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any prohibited drug is used in any form or where such prohibited drugs in quantities specified in
Section 20, Paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum of the penalty shall be imposed in every case
where a prohibited drug is administered, delivered or sold to a minor who is allowed to use the same in such place.
Should a prohibited drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum
penalty herein provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary.
“Sec. 7. Manufacture of Prohibited Drug. – The penalty of reclusion perpetua to death and fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any
prohibited drug.
“Sec. 8. Possession or Use of Prohibited Drugs. – The penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall possess or use any
prohibited drug subject to the provisions of Section 20 hereof.
“Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. – The penalty of reclusion perpetua to death and a fine ranging
from five hundred thousand pesos to ten million pesos shall be imposed upon any person who shall plant, cultivate or culture any
medium Indian hemp, opium poppy (papaver somniferum), or any other plant which is or may hereafter be classified as dangerous
drug or from which any dangerous drug may be manufactured or derived.
The land or portions hereof, and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and
escheated to the State, unless the owner thereof can prove that he did not know such cultivation or culture despite the exercise of
due diligence on his part.
If the land involved in is part of the public domain, the maximum of the penalties herein provided shall be imposed upon the offender.”
Section 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of
1972, are hereby amended to read as follows:
“Sec. 14. Importation of Regulated Drugs. – The penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring any
regulated drug in the Philippines.
“Sec. 14-A. Manufacture of Regulated Drugs. – The penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the
manufacture of any regulated drug.
“Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and Distribution of Regulated Drugs. – The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who,
unless authorized by law, shall sell, dispense, deliver, transport or distribute any regulated drug.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a regulated
drug involved in any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein
provided shall be imposed.”
Section 15. There shall be incorporated after Section 15 of Article III of Republic Act No. 6425, as amended, known as the
Dangerous Drug Act of 1972, a new section to read as follows:
“Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. – The penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any regulated drugs is used in any form, or where such regulated drugs in quantities specified in
Section 20, paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum penalty herein provided shall be imposed in
every case where a regulated drug is administered, delivered or sold to a minor who is allowed to use the same in such place.
Should a regulated drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum
penalty herein provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary.”
Section 16. Section 16 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is amended
to read as follows:
“Sec. 16. Possession or Use of Regulated Drugs. – The penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who shall possess or use any regulated drug without the
corresponding license or prescription, subject to the provisions of Section 20 hereof.”
Section 17. Section 20, Article IV of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby
amended to read as follows:
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or Instruments of the Crime. – The penalties for
offenses under Section 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if the
dangerous drugs involved is in any of the following quantities :
1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or methylamphetamine hydrochloride;
4. 40 grams or more of heroin;
5. 750 grams or more of indian hemp or marijuana;
6. 50 grams or more of marijuana resin or marijuana resin oil;
7. 40 grams or more of cocaine or cocaine hydrochloride; or
8. In the case of other dangerous drugs, the quantity of which is far beyond therapeutic requirements, as determined and
promulgated by the Dangerous Drugs Board, after public consultations/hearings conducted for the purpose.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalty shall range from prision correccional to reclusion
perpetua depending upon the quantity.
Every penalty imposed for the unlawful importation, sale, administration, delivery, transportation or manufacture of dangerous drugs,
the cultivation of plants which are sources of dangerous drugs and the possession of any opium pipe and other paraphernalia for
dangerous drugs shall carry with it the confiscation and forfeiture, in favor of the Government, of all the proceeds of the crime
including but not limited to money and other obtained thereby and the instruments or tools with which it was committed, unless they
are the property of a third person not liable for the offense, but those which are not of lawful commerce shall be ordered destroyed
without delay. Dangerous drugs and plant sources of such drugs as well as the proceeds or instruments of the crime so confiscated
and forfeited in favor of the Government shall be turned over to the Board for proper disposal without delay.
Any apprehending or arresting officer who misappropriates or misapplies or fails to account for seized or confiscated dangerous
drugs or plant-sources of dangerous drugs or proceeds or instruments of the crime as are herein defined shall after conviction be
punished by the penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos.”
Section 18. There shall be incorporated after Section 20 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act
of 1972, a new section to read as follows:
“Sec. 20-A. Plea-bargaining Provisions. – Any person charged under any provision of this Act where the imposable penalty is
reclusion perpetua to death shall not be allowed to avail of the provision on plea bargaining.”
Section 19. Section 24 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby amended to
read as follows :
“Sec. 24. Penalties for Government Official and Employees and Officers and Members of Police Agencies and the Armed Forces,
‘Planting’ of Evidence. – The maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of Article II and Sections
14, 14-A, 15(1), 16 and 19 of Article III shall be imposed, if those found guilty of any of the said offenses are government officials,
employees or officers, including members of police agencies and the armed forces.
Any such above government official, employee or officer who is found guilty of “planting” any dangerous drugs punished in Sections
3, 4, 7, 8, 9 and 13 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the person or in the immediate vicinity of
another as evidence to implicate the latter, shall suffer the same penalty as therein provided.”
Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-Carnapping Act of 1972, is hereby amended to read
as follows:
“Sec. 14. Penalty for Carnapping. – Any person who is found guilty of carnapping, as this term is defined in Section Two of this Act,
shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months
and not more than seventeen years and four months, when the carnapping is committed without violence or intimidation of persons,
or force upon things; and by imprisonment for not less than seventeen years and four months and not more than thirty years, when
the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of
reclusion perpetua to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed or raped in
the course of the commission of the carnapping or on the occasion thereof.”
Section 21. Article 27 of the Revised Penal Code, as amended, is hereby amended to read as follows:
“Art. 27. Reclusion perpetua. – The penalty of reclusion perpetua shall be from twenty years and one day to forty years.
Reclusion temporal. – The penalty of reclusion temporal shall be from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. – The duration of the penalties of prision mayor and temporary disqualification shall be
from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which
case, it shall be that of the principal penalty.
Prision correccional, suspension, and destierro. – The duration of the penalties of prision correccional, suspension, and destierro
shall be from six months and one day to six years, except when the suspension is imposed as an accessory penalty, in which case,
its duration shall be that of the principal penalty.

Arresto mayor. – The duration of the penalty of arresto mayor shall be from one month and one day to six months.
Arresto menor. – The duration of the penalty of arresto menor shall be from one day to thirty days.
Bond to keep the peace. – The bond to keep the peace shall be required to cover such period of time as the court may determine.”
Section 22. Article 47 of the same Code is hereby amended to read as follows:
Art. 47. In what cases the death penalty shall not be imposed; Automatic review of the Death Penalty Cases. – The death penalty
shall be imposed in all cases in which it must be imposed under existing laws, except when the guilty person is below eighteen (18)
years of age at the time of the commission of the crime or is more than seventy years of age or when upon appeal or automatic
review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which
cases the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic
review and judgment by the Court en banc, within twenty (20) days but not earlier than fifteen (15) days after promulgation of the
judgment or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days
from the filing thereof by the stenographic reporter.”
Section 23. Article 62 of the same Code, as amended, is hereby amended to read as follows :
“Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency. – Mitigating or aggravating
circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in
conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in
defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed
shall be in its maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any group who belongs to an organized/syndicated crime
group.
An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one
another for purposes of gain in the commission of any crime.
2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must of
necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the
offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the following effects :
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty
and to the additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and
to the additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found
guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith,
shall in no case exceed 30 years.
For purposes of this article, a person shall be deemed to be a habitual delinquent, if within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty
of any of said crimes a third time or oftener.
Section 24. Article 81 of the same Code, as amended, is hereby amended to read as follows :
“Art. 81. When and how the death penalty is to be executed. – The death sentence shall be executed with preference to any other
and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during
electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the execution.
As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas
poisoning.
The death sentence shall be carried out not later than one (1) year after the judgment has become final.”
Section 25. Article 83 of the same Code is hereby amended to read as follows:
“Art. 83. Suspension of the execution of the death sentence. – The death sentence shall not be inflicted upon a woman while she is
pregnant or within one (1) year after delivery, nor upon any person over seventy years of age. In this last case, the death sentence
shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.
In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme
Court to the Office of the President for possible exercise of the pardoning power.”
Section. 26. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
Section 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other
parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 28. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation. The
publication shall not be later than seven (7) days after the approval hereof.
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human rights;
(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are respected at all times; and that no
person placed under investigation or held in custody of any person in authority or, agent of a person authority shall be subjected to
physical, psychological or mental harm, force, violence, threat or intimidation or any act that impairs his/her free wi11 or in any
manner demeans or degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention, where torture may be carried
out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as provided for in the 1987
Philippine Constitution; various international instruments to which the Philippines is a State party such as, but not limited to, the
International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT); and all other relevant international human rights instruments to which the Philippines
is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a third
person has committed or is suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority. It does not include pain or Buffering arising only from,
inherent in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against a person under
his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or punishment as defined above
and any individual who has suffered harm as a result of any act(s) of torture, or other cruel, inhuman and degrading treatment or
punishment.
(d) "Order of Battle" refers to any document or determination made by the military, police or any law enforcement agency of the
government, listing the names of persons and organizations that it perceives to be enemies of the State and that it considers as
legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon
another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on
the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on
mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be
summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting
marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
person in authority or agent of a person in authority against another person in custody, which attains a level of severity sufficient to
cause suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or punishment, its physical and mental effects and, in some cases,
the sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute Bight. - Torture
and other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a
threat of war, internal political instability, or any other public emergency, or a document or any determination comprising an "order of
battle" shall not and can never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or
punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of detention,
where torture may be carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement. agencies
concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding
data on the prisoners or detainees incarcerated or detained therein such as, among others, names, date of arrest and incarceration,
and the crime or offense committed. This list shall be made available to the public at all times, with a copy of the complete list
available at the respective national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted by the
PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically updated,
by the same agencies, within the first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and other
law enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas, and
shall make the same available to the public at all times at their respective regional headquarters, and submit a copy. updated in the
same manner provided above, to the respective regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement obtained as a result of torture
shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or persons accused of
committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall have the following rights
in the institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such as the Department
of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A prompt
investigation shall mean a maximum period of sixty (60) working days from the time a complaint for torture is filed within which an
investigation report and/or resolution shall be completed and made available. An appeal whenever available shall be resolved within
the same period prescribed herein,

(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation as a consequence of the filing
of said complaint or the presentation of evidence therefor. In which case, the State through its appropriate agencies shall afford
security in order to ensure his/her safety and all other persons involved in the investigation and prosecution such as, but not limited
to, his/her lawyer, witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any fora in order to avoid
further trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance with a Judicial 07'der. -
A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any, filed on behalf of the victim of torture or other
cruel, degrading and inhuman treatment or punishment shall be disposed of expeditiously and any order of release by virtue thereof,
or other appropriate order of a court relative thereto, shall be executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the investigation and
monitoring and/or filing of the complaint for a person who suffers torture and other cruel, inhuman and degrading treatment or
punishment, or for any interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center (BRRAC) nearest
him/her as well as from human rights nongovernment organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every person arrested,
detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an
independent and competent doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she
shall he provided by the State with a competent and independent doctor to conduct physical examination. The State shall endeavor
to provide the victim with psychological evaluation if available under the circumstances. If the person arrested is a female, she shall
be attended to preferably by a female doctor. Furthermore, any person arrested, detained or under custodial investigation, including
his/her immediate family, shall have the right to immediate access to proper and adequate medical treatment. The physical
examination and/or psychological evaluation of the victim shall be contained in a medical report, duly signed by the attending
physician, which shall include in detail his/her medical history and findings, and which shall he attached to the custodial investigation
report. Such report shall be considered a public document.
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental examinations, the
medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical, psychological and mental examination, and/or
medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily waive such rights in writing,
executed in the presence and assistance of his/her counsel.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the commission of torture or
other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel,
inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking
personnel to commit torture for whatever purpose shall be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law
enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or
punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at
the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed,
is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such
knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has
the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed
to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and
degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice,
takes part subsequent to its commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and
degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or
instruments thereof in order to prevent its discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the
act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the
abuse of the official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become insane, imbecile, impotent,
blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological torture resulting in
insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or
shame.
(c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in psychological, mental and
emotional harm other than those described 1n paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in consequence of torture, the victim shall
have lost the power of speech or the power to hear or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have
lost the use of any such member; Or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in consequence of torture, the victim shall
have become deformed or shall have lost any part of his/her body other than those aforecited, or shall have lost the use thereof, or
shall have been ill or incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be imposed if, in
consequence of torture, the victim shall have been ill or incapacitated for labor for mare than thirty (30) days but not more than ninety
(90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in consequence of torture, the victim
shall have been ill or incapacitated for labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading treatment or punishment as
defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain secret detention places
and/or effect or cause to effect solitary confinement, incommunicado or other similar forms of prohibited detention as provided in
Section 7 of this Act where torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP, the PNP and other law
enforcement agencies for failure to perform his/her duty to maintain, submit or make available to the public an updated list of
detention centers and facilities with the corresponding data on the prisoners or detainees incarcerated or detained therein, pursuant
to Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by any
other crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall
be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal
liability provided for by domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of torture, persons who
have committed any act of torture shall not benefit from any special amnesty law or similar measures that will have the effect of
exempting them from any criminal proceedings and sanctions.

Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State where there are
substantial grounds to believe that such person shall be in danger of being subjected to torture. For the purposes of determining
whether such grounds exist, the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination
with the Chairperson of the CHR, shall take into account all relevant considerations including, where applicable and not limited to, the
existence in the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right to claim for compensation
as provided for under Republic Act No. 7309: Provided, That in no case shall compensation be any lower than Ten thousand pesos
(P10,000.00). Victims of torture shall also have the right to claim for compensation from such other financial relief programs that may
be made available to him/her under existing law and rules and regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act, the Department of Social
Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and such other concerned government agencies,
and human rights organizations shall formulate a comprehensive rehabilitation program for victims of torture and their families. The
DSWD, the DOJ and thc DOH shall also call on human rights nongovernment organizations duly recognized by the government to
actively participate in the formulation of such program that shall provide for the physical, mental, social, psychological healing and
development of victims of torture and their families. Toward the attainment of restorative justice, a parallel rehabilitation program for
persons who have committed torture and other cruel, inhuman and degrading punishment shall likewise be formulated by the same
agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to periodically oversee the
implementation of this Act. The Committee shall be headed by a Commissioner of the CRR, with the following as members: the
Chairperson of the Senate Committee on Justice and Human Rights, the respective Chairpersons of the House of Representatives'
Committees on Justice and Human Rights, and the Minority Leaders of both houses or their respective representatives in the
minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National Defense (DND), the Department
of the Interior and Local Government (DILG) and such other concerned parties in both the public and private sectors shall ensure that
education and information regarding prohibition against torture and other cruel, inhuman and degrading treatment or punishment
shall be fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other
persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED) and the Commission on Higher Education (CHED) shall also ensure the
integration of human rights education courses in all primary, secondary and tertiary level academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar as they are applicable shall
be suppletory to this Act. Moreover, if the commission of any crime punishable under Title Eight (Crimes Against Persons) and Title
Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts constituting torture
and other cruel, inhuman and degrading treatment or punishment as defined herein, the penalty to be imposed shall be in its
maximum period.
Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated to the CHR for the initial
implementation of tills Act. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included
in the annual General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of human rights
nongovernmental organizations, shall promulgate the rules and regulations for the effective implementation of tills Act. They shall
also ensure the full dissemination of such rules and regulations to all officers and members of various law enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other provisions not affected
thereby shall continue to be in full force and effect.
Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.
Approved,
(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE
Speaker of the House of President of the Senate
Representatives
This Act which is a consolidation of House Bill No. 5709 and Senate Bill No. 1978 was finally passed by the House of
Representatives and the Senate on September 2,2009.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of Senate
House of Representives
Approved: November 10, 2009
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three.
[REPUBLIC ACT NO. 9231]
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER
PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE “SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION ACT”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the “Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act”, is hereby amended to read as follows:
“SEC. 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 forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their
development including child labor and its worst forms; provide sanctions for their commission and carry out a program for prevention
and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on
behalf of the child when the parent, guardian, teacher or person having care or custody of the 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, guardian,
teacher or person having care and custody of the same.
“It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect
or will affect their survival and normal development and over which they have no control.
“The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or
private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First
Call for Children as enunciated in the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote
the welfare of children and enhance their opportunities for a useful and happy life.”
SECTION 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows:
“SEC. 12. Employment of Children. – Children below fifteen (15) years of age shall not be employed except:
“1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her
family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor
impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the
prescribed primary and/or secondary education; or
“2) Where a child’s employment or participation in public entertainment or information through cinema, theater, radio, television or
other forms of media is essential: Provided, That the employment contract is concluded by the child’s parents or legal guardian, with
the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided,
further, That the following requirements in all instances are strictly complied with:
“(a) The employer shall ensure the protection, health, safety, morals and normal development of the child;

“(b) The employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and
level of remuneration, and the duration and arrangement of working time; and
“(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing
program for training and skills acquisition of the child.
“In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child,
a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements.
“For purposes of this Article, the term “child” shall apply to all persons under eighteen (18) years of age.”
SECTION 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections 12-A,
12-B, 12-C, and 12-D to read as follows:
“SEC. 12-A. Hours of Work of a Working Child. – Under the exceptions provided in Section 12 of this Act, as amended:
“(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the
work shall not be more than four (4) hours at any given day;
“(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in
no case beyond forty (40) hours a week;
“(3) No child below fifteen (15) years of age shall be allowed to work between eight o’clock in the evening and six o’clock in the
morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten
o’clock in the evening and six o’clock in the morning of the following day.”
“SEC. 12-B. Ownership, Usage and Administration of the Working Child’s Income. – The wages, salaries, earnings and other income
of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her support, education or skills
acquisition and secondarily to the collective needs of the family: Provided, That not more than twenty percent (20%) of the child’s
income may be used for the collective needs of the family.
“The income of the working child and/or the property acquired through the work of the child shall be administered by both parents. In
the absence or incapacity of either of the parents, the other parent shall administer the same. In case both parents are absent or
incapacitated, the order of preference on parental authority as provided for under the Family Code shall apply.
“SEC. 12-C. Trust Fund to Preserve Part of the Working Child’s Income. – The parent or legal guardian of a working child below
eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%) of the earnings of the child whose wages and
salaries from work and other income amount to at least two hundred thousand pesos (₱200,000.00) annually, for which he/she shall
render a semi-annual accounting of the fund to the Department of Labor and Employment, in compliance with the provisions of this
Act. The child shall have full control over the trust fund upon reaching the age of majority.
“SEC. 12-D. Prohibition Against Worst Forms of Child Labor. – No child shall be engaged in the worst forms of child labor. The
phrase “worst forms of child labor” shall refer to any of the following:
“(1) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and
trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed
conflict; or
“(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic
performances; or
“(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs
and volatile substances prohibited under existing laws; or
“(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety
or morals of children, such that it:
“a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
“b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice
morals; or

“c) Is performed underground, underwater or at dangerous heights; or

“d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or
“e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion,
or which requires the manual transport of heavy loads; or
“f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or
processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures,
noise levels, or vibrations; or
“g) Is performed under particularly difficult conditions; or
“h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or
“i) Involves the manufacture or handling of explosives and other pyrotechnic products.”
SECTION 4. Section 13 of the same Act is hereby amended to read as follows:
“SEC. 13. Access to Education and Training for Working Children. – “a) No child shall be deprived of formal or non-formal education.
In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and
secondary education.
“b) To ensure and guarantee the access of the working child to education and training, the Department of Education (DEPED) shall:
(1) formulate, promulgate, and implement relevant and effective course designs and educational programs; (2) conduct the
necessary training for the implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the needed
educational facilities and materials; and (4) conduct continuing research and development program for the necessary and relevant
alternative education of the working child.
“c) The DEPED shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral
and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course
design shall integrate the learning process deemed most effective under given circumstances.”
SECTION 5. Section 14 of the same Act is hereby amended to read as follows:
“SEC. 14. Prohibition on the Employment of Children in Certain Advertisements. –  No child shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any
form of violence or pornography.”
SECTION 6. Section 16 of the same Act, is hereby amended to read as follows:
“SEC. 16. Penal Provisions. –
“a) Any employer who violates Sections 12, 12-A, and Section 14 of this Act, as amended, shall be penalized by imprisonment of six
(6) months and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos (₱50,000.00) but not more than Three
hundred thousand pesos (₱300,000.00) or both at the discretion of the court.
“b) Any person who violates the provision of Section 12-D of this Act or the employer of the subcontractor who employs, or the one
who facilitates the employment of a child in hazardous work, shall suffer the penalty of a fine of not less than One hundred thousand
pesos (₱100,000.00) but not more than One million pesos (₱1,000,000.00), or imprisonment of not less than twelve (12) years and
one (1) day to twenty (20) years, or both such fine and imprisonment at the discretion of the court.
“c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in accordance with the penalty
provided for by R.A. 9208 otherwise known as the “Anti-trafficking in Persons Act of 2003”: Provided, That such penalty shall be
imposed in its maximum period.
“d) Any person who violates Section 12-D(3) shall be prosecuted and penalized in accordance with R.A. 9165, otherwise known as
the “Comprehensive Dangerous Drugs Act of 2002”: Provided, That such penalty shall be imposed in its maximum period.
“e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers, which include the president,
treasurer and secretary of the said corporation who participated in or knowingly allowed the violation, shall be penalized accordingly
as provided for under this Section.
“f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B and 12-C of this Act shall
pay a fine of not less than Ten thousand pesos (₱10,000.00) but not more than One hundred thousand pesos (₱100,000.00), or be
required to render community service for not less than thirty (30) days but not more than one (1) year, or both such fine and
community service at the discretion of the court: Provided, That the maximum length of community service shall be imposed on
parents or legal guardians who have violated the provisions of this Act three (3) times: Provided, further, That in addition to the
community service, the penalty of imprisonment of thirty (30) days but not more than one (1) year or both at the discretion of the
court, shall be imposed on the parents or legal guardians who have violated the provisions of this Act more than three (3) times.
“g) The Secretary of Labor and Employment or his/her duly authorized representative may, after due notice and hearing, order the
closure of any business firm or establishment found to have violated any of the provisions of this Act more than three (3) times.
He/she shall likewise order the immediate closure of such firm or establishment if:
“(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of a child employed in such
establishment; or
“(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows.
 “h) In case of such closure, the employer shall be required to pay the employee(s) the separation pay and other monetary benefits
provided for by law.”
SECTION 7. The same Act is hereby further amended by adding a new section to be denominated as Section 16-A, to read as
follows:
“SEC. 16-A. Trust Fund from Fines and Penalties. – The fine imposed by the court shall be treated as a Trust Fund, administered by
the Department of Labor and Employment and disbursed exclusively for the needs, including the costs of rehabilitation and
reintegration into the mainstream of society of the working children who are victims of the violations of this Act, and for the programs
and projects that will prevent acts of child labor.”
SECTION 8. Section 27 of the same Act is hereby amended to read as follows:
“SEC. 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against children as enumerated herein may
be filed by the following:
“(a) Offended party;
“(b) Parents or guardians;
“(c) Ascendant or collateral relative within the third degree of consanguinity;
“(d) Officer, social worker or representative of a licensed child-caring institution;
“(e) Officer or social worker of the Department of Social Welfare and Development;
“(f) Barangay chairman of the place where the violation occurred, where the child is residing or employed; or
“(g) At least three (3) concerned, responsible citizens where the violation occurred.”
SECTION 9. The same Act is hereby further amended by adding new sections to Section 16 to be denominated as Sections 16-A,
16-B and 16-C to read as follows:
“SEC. 16-A. Jurisdiction.  – The family courts shall have original jurisdiction over all cases involving offenses punishable under this
Act: Provided, That in cities or provinces where there are no family courts yet, the regional trial courts and the municipal trial courts
shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged.
“The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of filing.
“If the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed in court within forty
eight (48) hours from the termination of the investigation.
“Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date of filing of information.
Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case.
“SEC. 16-B. Exemptions from Filing Fees. – When the victim of child labor institutes a separate civil action for the recovery of civil
damages, he/she shall be exempt from payment of filing fees.
“SEC. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services. – The working child shall have the right to free legal,
medical and psycho-social services to be provided by the State.”
SECTION 10. Implementing Rules and Regulations. – The Secretary of Labor and Employment, in coordination with the Committees
on Labor and Employment of both Houses of Congress, shall issue the necessary Implementing Rules and Regulations (IRR) to
effectively implement the provisions of this Act, in consultation with concerned public and private sectors, within sixty (60) days from
the effectivity of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.
SECTION 11. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the validity of the remaining
provisions hereof shall remain in full force and effect.
SECTION 12. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 13. Effectivity. – This Act shall take effect fifteen (15) days from the date of its complete publication in the Official Gazette
or in at least two (2) national newspapers of general circulation.
Approved,
OSE DE VENECIA JR.
of the House (Sgd.) FRANKLIN M. DRILON
sentatives President of the Senate
This Act, which is a consolidation of Senate Bill No. 2155 and House Bill No. 4235 was finally passed by the Senate and the House
of Representatives on October 14, 2003 and October 13, 2003, respectively.
OBERTO P. NAZARENO
y General (Sgd.) OSCAR G. YABES
Representatives Secretary of the Senate
Approved: DEC 19 2003
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

DEPARTMENT ORDER NO. 65-04

.
Rules and Regulations Implementing
Republic Act No. 9231, Amending R.A. 7610, as Amended

Pursuant to Section 10 of Republic Act No. 9231 (An Act Providing  for the Elimination of the Worst Forms of Child Labor
and Affording Stronger Protection for the Working Child, Amending for this Purpose Republic Act No. 7610, as amended,
Otherwise Known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act), the
following Implementing Rules and Regulations are hereby promulgated:
Chapter 1 – Preliminary Provisions
 
 SECTION 1. Coverage – These Rules shall cover all persons and entities engaging the services of or employing children.
 Sec. 2. Declaration of State Policy and Principles – The State shall provide special protection to children from all forms of
abuse, neglect, cruelty, exploitation and discrimination and other conditions prejudicial to their development including
child labor and its worst forms; provide sanctions for their commission and carry out a program for prevention and
deterrence of, and crisis intervention in situations of child abuse, exploitation and discrimination.  The State shall intervene
on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, exploitation and discrimination or when such acts are committed by the said parent,
guardian, teacher or person having care and custody of the child.
 The State shall also protect and rehabilitate children gravely threatened or endangered by circumstances which affect or
will affect their survival and normal development and over which they have no control.
.
 The best interest of children shall be the paramount consideration in all actions concerning them, whether undertaken by
public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with
the principles of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child.  Every
effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.
 Sec. 3. Definition of Terms – As used in these Rules, the term:
(a)    “Child” refers to any person under 18 years of age.
(b)  “Child labor” refers to any work or economic activity performed by a child that subjects him/her to any form of
exploitation or is harmful to his/her health and safety or physical, mental or psychosocial development.
(c)  “Working Child” refers to any child engaged as follows:
i.  when the child is below eighteen (18) years of age, in work or economic activity that is not child labor as defined in the
immediately preceding sub-paragraph, and
ii.  when the child below fifteen (15) years of age, (i) in work where he/she is directly under the responsibility of his/her
parents or legal guardian and where only members of the child’s family are employed; or (ii)in public entertainment or
information.
(d)  “Parent”  refers to either the biological or adoptive mother or father.
(e)  “Guardian”  refers to any person who exercises substitute parental authority regardless of whether or not such parental
authority over a child is bestowed by a court.
(f)  “Members of the family” refers to the child’s parents, guardian, brothers or sisters whether of full or half blood, and
other ascendants and descendants or collateral relatives within the fourth civil degree of consanguinity.
(g)  “Employer” refers to any person, whether natural or juridical who, whether for valuable consideration or not, directly or
indirectly procures, uses, avails itself of, contracts out or otherwise derives benefit from the work or services of a child in
any occupation, undertaking, project or activity, whether for profit or not.  It includes any person acting in the interest of the
employer.
(h)  “Department” refers to the Department of Labor and Employment.
(i)  “Collective needs of the family” refer to such basic needs as food, shelter, light and water, clothing, education, medical,
transportation and other expenditure items necessary for the survival of the family of the child.
(j)  “Work permit” refers to the permit secured by the employer, parent or guardian from the Department for any child below
15 years of age in any work allowed under Republic Act No. 9231.
(k)  “Hours of work” include (1) all time during which a child is required to be at a prescribed workplace, and (2) all time
during which a child is suffered or permitted to work.  Rest periods of short duration during working hours shall be counted
as hours worked.
(l)  “Workplace” refers to the office, premises or worksite where a child is temporarily or habitually assigned.  Where there
is no fixed or definite workplace, the term shall include the place where the child actually performs work to render service
or to take an assignment, to include households employing children.
(m)  “Public entertainment or information” refers to artistic, literary, and cultural performances for television show, radio
program, cinema or film, theater, commercial advertisement, public relations activities or campaigns, print materials,
internet, and other media.
(n)  “Formal education” refers to the institutionalized, hierarchically structured and chronologically – guided educational
system running from elementary to tertiary levels.
(o)  “Non-formal education” refers to any organized, systematic educational activity conducted outside of the formal
education system to provide selected type of learning.
(p)  “Alternative learning system” refers to a parallel and comparable learning system which provides a viable alternative to
the existing formal education system.
(q)  “Forced labor and slavery” refers to the extraction of work or services from any person by means of enticement,
violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt bondage or deception.
(r)  “Child pornography” refers to any representation of a child engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a child for primarily sexual purposes.
(s)  “Recovery and reintegration” refers to various interventions and services that facilitate the process of healing and
eventual return of the child to the family and community.
(t)  “Normal development of the child” refers to the physical, emotional, mental, and spiritual growth of a child within a safe
and nurturing environment where he/she is given adequate nourishment, care and protection and the opportunity to
perform tasks appropriate at each stage of development.
Chapter 2 – Prohibition on the Employment of Children
 
Sec. 4. General Prohibition – Except as otherwise provided in these Rules, no child below 15 years of age shall be
employed, permitted or suffered to work, in any public or private establishment.
 Sec. 5. Prohibition on the Employment of Children in Worst Forms of Child Labor – No child shall be engaged in the worst
forms of child labor.  The phrase “worst forms of child labor” shall refer to any of the following:
(a)  All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such
as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment
children for use in armed conflict.
(b)  The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for
pornographic performances;
(c)  The use, procuring or offering of a child for illegal or illicit activities, including the production or trafficking of
dangerous drugs or volatile substances prohibited under existing laws; or
(d)  Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the
health, safety or morals of children, such that it:
i.  Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
ii.  Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may
prejudice morals; or
iii.  Is performed underground, underwater or at dangerous heights; or
iv.  Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated
tools; or
v.  Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or
contortion, or which requires the manual transport of heavy loads; or
.
vi.  Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances,
co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to
extreme temperatures, noise levels or vibrations; or
vii.  Is performed under particularly difficult conditions; or
viii.  Exposes the child to biological agents such as bacteria, fungi, viruses, protozoa, nematodes and other parasites; or
ix.  Involves the manufacture or handling of explosives and other pyrotechnic products.
Sec. 6. Prohibition on the Employment of Children in Certain Advertisements – No child below 18 years of age shall be
employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts, gambling or any form of violence or pornography.
Chapter 3 – Exceptions to the Prohibition
 Sec. 7. Exceptions and Conditions – The following shall be the only exceptions to the prohibition on the employment of a
child below 15 year of age:
(a)  When the child works under the sole responsibility of his/her parents or guardian, provided that only members of the
child’s family are employed.
(b)  When the child’s employment or participation in public entertainment or information is essential, regardless of the
extent of the child’s role.
Such employment shall be strictly under the following conditions:
i.  The total number of hours worked shall be in accordance with Section 15 of these Rules;
ii.  The employment does not endanger the child’s life, safety, health and morals, nor impair the child’s normal
development;
iii.  The child is provided with at least the mandatory elementary or secondary education; and
iv.  The employer secures a work permit for the child in accordance with Sec. 8-12 of these Rules.
Chapter 4 – Requirements to Avail of Exception To Employment Prohibition
 Sec. 8. Work Permit – Except as provided is Section 13, no child below 15 years of age shall be allowed to commence work
without a work permit.  An employer must first secure a work permit from the Regional Office of the Department having
jurisdiction over the workplace of the child.  In cases where the work is done in more than one workplace falling under the
jurisdiction of more than one Regional Office, the application shall be made with the Regional Office having jurisdiction
over the principal office of the employer.  However, at least two days prior to the performance of the work, the employer
shall inform the Regional Office having jurisdiction over the workplace of the activities to be under taken involving the
child.
 Sec. 9. Requirements for the Issuance of Work Permit – The employer shall submit to the appropriate Regional Office the
Following:
(a)  A duly accomplished and verified application for work permit containing the following information:
i.  Terms and conditions of employment including hours of work, number of working days, remuneration, and rest period,
which shall be in accordance with law;
ii.  Measures to ensure the protection, health, safety, morals, and normal development of the child, including but not limited
to the following:
1.  comfortable workplace and adequate quarters;
2.  break or rest periods in comfortable day beds or couches;
3.  clean and separate dressing  rooms and toilet facilities for boys and girls;
4.  provision for adequate meals and snacks and sanitary eating facility;
5.  provision of all the necessary assistance to ensure the adequate and immediate medical and dental attendance and
treatment to an injured or sick child in case of emergency.
(b)  Except when the child is below seven years old,
i.  Proof that the child is enrolled and regularly attending elementary or secondary school classes, consisting of certificate
of enrolment for the current year or current school identification or report card; or
ii.  If the child is not enrolled, a brief description of the program for education, training and skills acquisition for the child, in
accordance with Section 19 (b) of these Rules.
(c)  An authenticated copy of the child’s Birth Certificate or a Certificate of late Registration of Birth issued by the NSO or
the city/municipal registrar;
(d)  A medical certificate issued by a licensed physician stating that he/she has personally examined the child for whom a
work permit is being secured, and that the child is fit to undertake the work in which he/she is to be engaged.  Such
certificate must bear in print the certifying physician’s full name and his/her license number;
(e)  Two passport size photographs of the child;
(f)  When the employer is the parent, guardian, or a family member other than the parent of the child, he/she shall present
any valid document such as latest passport, latest postal/company identification card, and driver’s license establishing
his/her identity.  A legal guardian is likewise required to present a duly authenticated proof of legal guardianship while a
family member shall present any proof of relationship to the child;
(g)  When the employer is in public entertainment or information, he/she shall submit a certified true copy of the employer’s
business permit or certificate of registration and a written employment contract to be approved by the Department.  An
express agreement of the child to the provisions of the contract is needed when such child is between seven and below 15
years of age.
SECTION 10.  Application Fee – The employer shall pay an application fee of One Hundred Philippine Pesos (P100.00) to
cover administrative costs.  This amount may be reviewed and adjusted by the Secretary of Labor and Employment from
time to time subject to applicable regulations.
 
SECTION 11.  Action on the Application – Within three working days from the employer’s compliance with Sec. 8-10, the
Regional Office shall require the appearance of the child’s parent, guardian, or employer, or the child himself or herself as
may be appropriate, to validate the information indicated in the application and to educate such parent, guardian, or
employer, on child labor laws and regulations.
 
The Regional Office, through the Regional Director, shall issue the work permit within three days from compliance with all
the foregoing requirements.  Non-compliance with the requirements shall automatically result in the denial of the
application.  In such instances, the application shall be deemed not filed and the Regional Office shall immediately return it
to the applicant, indicating the requirements that were not complied with.
 SECTION 12.  Validity of Work Permit – The work permit shall state the period of its validity based on the employment
contract of the application for work permit, as the case may be.  However, the period of validity shall in no case exceed one
year.
 SECTION 13.  Employment of Spot Extras – In public entertainment or information, the requirements for the issuance of
work permit stated in Sec. 8-12 shall not be applicable to the employment of spot extras or those being cast outright on the
day of the filming or taping.  Instead, the employer shall file a notice with the Regional Office where the work is to be
performed that it will undertake activities involving child work.  The notice shall be in the form prescribed by the
Department and shall state the approximate number of child workers to be employed, the date, place and time the work is to
be performed, and an undertaking that the employment shall be in conformity with Republic Act No. 9231 and these Rules.
 SECTION 14.  Compliance with E-Commerce Law – The Department shall develop systems to enable parties to comply,
through electronic media, with the documentary requirements set forth in these Rules.  It shall also set up a database of all
contracts filed and work permits issued which shall be accessible to the public, subject to reasonable rules of access
which the Department may adopt.
Chapter 5 – Hours of Work
 SECTION 15.  Hours of Work of a Working Child – The following hours of work shall be observed for any child allowed to
work under Republic Act No. 9231 and these Rules:
(a)  For a child below 15 years of age, the hours of work shall not be more than twenty (20) hours as week, provided that the
work shall not be more than four hours at any given day;
(b)  For a child 15 years of age, but below 18, the hours of work shall not be more than eight hours a day, and in no case
beyond 40 hours a week; and
(c)  No child below 15 year of age shall be allowed to work between eight o’clock in the evening and six o’clock in the
morning of the following day and no child 15 years of age but below 18 shall be allowed to work between ten o’clock in the
evening and six o’clock in the morning of the following day.
Sleeping time as well travel time of a child engaged in public entertainment or information from his/her residence to his/her
workplace shall not be included as hours worked without prejudice to the application of existing rules on employees
compensation.
Chapter 6 – Working Child’s Income
 SECTION 16.  Ownership and Use of the Working Child’s Income – The wages, salaries, earnings and other income of the
working child belong to him/her in ownership and shall be set aside primarily for his/her support, education, or skills
acquisition and secondarily to the collective needs of the family: Provided, That not more than twenty percent (20%) of the
child’s income may be used for the collective needs of the family.
 SECTION 17.  Administration of the Working Child’s Income – The income of the working child and/or the property
acquired through his/her work shall be administered by both parents.  In the absence of , or incapacity of either of the
parents, the other parent shall administer the same.  In case both parents are absent or incapacitated, the order of
preference on parental authority shall be in accordance with Article 216 of the Family Code, as follows:
(a)  The surviving grandparent; in case several survive, the one designated by the court taking into account all relevant
considerations, especially the choice of the child over seven years of age, unless the grandparent chosen is unfit;
.
(b)  The oldest brother or sister, over 21 years of age, unless unfit or disqualified; and
.
(c)  The child’s actual custodian over 21 years of age, unless unfit or disqualified.
SECTION 18.  Preservation of the Working Child’s Income – The income of the working child shall be deposited in a Trust
Fund or Savings Account set up or opened under his/her name by the administrator of such income, subject to the
conditions set forth in this Section and the Civil Code.
 The administrator shall make an accounting of all wages, salaries, earnings and other income of the child.  When the
child’s gross earnings in a year amount to at least Two Hundred Thousand Pesos (P200,000.00), the administrator shall set
up a Trust Fund for the child where at least thirty percent (30%) of such amount shall be deposited.
          .
 For a child earning less than P200,000.00 a year, at least thirty percent (30%) of his/her income may be deposited in a
Savings Account each time the child receives an income.  The accumulated savings shall be immediately transferred to the
Trust Fund for the child should his/her total gross income for a given year is at least Two Hundred Thousand Pesos
(P200,000.00).
           .
 The child shall have full control over the Trust Fund upon reaching the age of majority.  The administrator shall render a
semi-annual accounting of the Trust Fund to the concerned Regional Office of the Department.  He or she shall be required
to submit, whether actual or on-line, a verified financial statement in an appropriate form prescribed by the Department.
Chapter 7 – Education, Training and Other Services
 SECTION 19.  Access to Education and Training for the Working Child – Every child shall have access to formal or non-
formal education.
(a)  No child shall be deprived of formal, non-formal or alternative learning systems of education.  In all cases where the
child is allowed to work, the employer shall provide the child with access to at least elementary and/or secondary
education.  No employer shall make a child work during his/her school hours, and hinder his/her access to education
during school days.
(b)  The continuing program for education and training for the working child shall be that developed by the Department of
Education for formal, non-formal and alternative learning systems of education, or by the Technical Education and Skills
Development Authority, whichever is applicable to the circumstances of the child.
Sec. 20.  Access to Immediate Legal, Medical and Psycho-Social Services – Working children, including victims of child
labor shall have the right to free legal, medical and psycho-social services to be provided by the State through agencies
mandated to provide such services, as well as through networks like the National Program Against Child Labor, other
existing interagency mechanisms, or those that may be established.
 The Department, on its own or in collaboration with concerned institutions, shall set up a mechanism to provide free legal
services for working children and their parents or guardians.  Such services shall include the provision of information on
the child’s rights or procedures for filing complaints and claiming compensation, and on such other legal remedies
available to them.
 The Department shall facilitate the provision of health services to working children and victims of child labor in partnership
with concerned sectors.  Health services include primary or preventive, secondary or curative, and tertiary or rehabilitative
services, or such services as may be necessary to address physical, psychological and social problems arising from child
labor.
 The Department shall refer working children and victims of child labor to appropriate agencies and organizations for
psycho-social services.
 The delivery of the above services shall be without prejudice to similar services provided by other agencies, conformably
with their own mandates.  The Department may also enlist the assistance of non-governmental organizations and other
groups in the delivery of these services.  In every case, the special needs and peculiar situations of working children,
including victims of child labor, shall be taken into account.
Chapter 8 – Enforcement and Administration
 Sec. 21.  Actions of the Secretary of Labor and Employment or Regional Director – In case of violation, the Secretary of
Labor and Employment or the Regional Director as his or her authorized representative, shall undertake the following
actions:
(a)  Order the immediate and permanent closure of the establishment if:
i.  The violation of any provision of Republic Act No. 9231 has resulted in the death, insanity or serious physical injury of a
child employed in such establishment; or
ii.  Such firm or establishment is employing a child for prostitution or obscene or lewd shows.
The employer shall pay all employees affected by the closure their separation pay and other monetary benefits provided for
by law.
(b)   Order the immediate and temporary closure of the establishment if there is imminent danger to the life and limb of the
child in accordance with the occupational safety and health standards.  An imminent danger is a condition or practice that
could reasonably be expected to cause death or serious physical harm.
 In no case shall the closure be lifted unless the imminent danger has been abated.  For the duration of the closure, the
employer shall pay the wages of all employees affected.  If, after due hearing, the closure is made permanent, the employer
shall pay all employees affected their separation benefits, as provided in the immediately preceding subsection.
 (c)  In both cases, require the employer to:
i. Shoulder the transportation cost of the child from the place of work to the DSWD-accredited halfway house and to the
child’s residence; and
ii. Shoulder the total actual cost of medical management, recovery and reintegration of the child, or in case of death, the
child’s funeral expenses;
Sec. 22.  Grounds for Suspension and Cancellation of Work Permit – The Regional Director shall suspend or cancel the
work permit issued to a working child under the following instances:
(a)  If there is fraud or misrepresentation in the application for work permit or any of its supporting documents;
(b)  If the terms and conditions set forth in the child’s employment contract and/or employer’s undertaking have been
violated;
(c)  If the employer fails to institute measures to ensure the protection, health, safety, morals, and normal development of
the child as required in Sec. 7 (b)ii;
(d)  If the employer fails to formulate and implement a program for the education, training and skills acquisition of the child;
or
(e)  If a child has been deprived access to formal, non-formal or alternative learning systems of education.
Sec. 23.  Violations Not Resulting in Death, Insanity or Injury of the Child – The Regional Director, after due notice and
hearing, and without prejudice to the filing of the appropriate criminal and civil actions, shall:
(a)  In case of a first violation, issue a compliance order for immediate restitution and correction of the violation.  Failure to
comply with said order constitutes a second violation;
(b)  In case of a second violation, issue a compliance order for immediate restitution and correction of the violation and
prohibit the employer from hiring a child for six months commencing from date of last offense.  Failure to comply with said
order constitutes a third violation; and
(c)  In case of a third violation, issue a compliance order for immediate restitution and correction of the violation.  Failure to
comply with said order constitutes a fourth violation justifying closure of the establishment.
In appropriate cases, the Regional Director may file against the employer a case for indirect contempt as provided for under
Rule 71 of the Revised Rules of Court.
Sec. 24.  Enforcement Procedure.  The proceedings arising from Sections 21, 22 and 23 shall be summary in nature.  It may
be initiated motu proprio by the Department or upon complaint by any interested party.
Permanent or temporary closure shall be effected upon service by the Regional Director of a notice of closure on the
employer.  Within 24 hours from notice, the Regional Director shall call a hearing to confirm the closure, in which the
employer shall be given the opportunity to present evidence why closure is not an appropriate remedy.  Within 72 hours
from the last hearing, the Regional Director shall issue an order confirming or lifting the closure, as the case may be.
In the case of suspension or cancellation of work permit, the Regional Director shall serve a notice on the employer and the
parent or guardian of the working child, who shall have three days from receipt of the notice to show cause why the work
permit should not be cancelled or suspended.  The Regional Director shall have ten days from service of notice within
which to issue a revocation, suspension or dismissal order.
Any motion for reconsideration of the Regional Director’s action shall be resolved by the Secretary of Labor and
Employment.  Upon issuance of the notice and during the pendency of the proceedings, the child concerned shall not be
allowed to work.

In the event that a violation constituting a ground for cancellation or suspension of work permit is committed in a
workplace outside the jurisdiction of the Regional Office which issued the work permit, the Regional Office having
jurisdiction over the workplace shall immediately stop the employer from requiring the child to work.  Within 24 hours
thereafter, the Regional Office having jurisdiction of the workplace shall prepare a report to the Regional Office which
issued the work permit, for the latter to commence appropriate cancellation or suspension proceedings.
 
Sec. 25.  Industry Guidelines and Self-Policing Mechanisms – The Department may issue appropriate industry-specific
guidelines, taking into account the peculiar circumstances of each industry, upon consultation with concerned sectors.
 
Establishments with at least 200 workers or those with certified collective bargaining agreements (CBAs) shall be
encouraged to adopt a self-assessment mode pursuant to Section 1 (a) of Department Order No. 57-04, series of 2004
(Labor Standards Enforcement Framework).
 Employers, workers and their organizations, professional organizations or business federations are encouraged to
establish or adopt mechanisms to monitor their ranks and take corrective action against erring members.  The Department
shall provide technical assistance in setting up such mechanisms.
 Sec. 26.  Administration of Trust Fund from Fines and Penalties – The finest imposed by the court upon any violator of
Republic Act No. 9231 shall, subject to existing government accounting and auditing rules and regulations, including the
provision on trust funds under the General Appropriations Act, accrue to the DOLE-office of the Secretary Trust Fund for
Working Children.  This trust fund shall be administered by the Department and disbursed exclusively for programs and
projects preventing child labor and mitigating its effects.
 Within two months after the date of effectivity of these Rules, the Department shall set up the Trust Fund for Working
Children in accordance with existing government accounting, auditing, and Department of Budget and Management
requirements.  The Department shall:
(a)  Draw up the procedures for the use and disbursement of the Trust Fund;
(b)  Formulate and supervise the implementation of programs for qualified beneficiaries of the Trust Fund; and
(c)  Monitor, through the Regional Offices of the Department, the status of child labor cases that may involve the award of
fines under Republic Act No. 9231.
Chapter 9 – Miscellaneous Provisions
 Sec. 27.  Filing of Complaints – Complaints on violations specified under Republic Act No. 9231 and these Rules which fall
under the jurisdiction of the regular courts shall be filed by persons identified in said law, and in accordance with the Rules
of Court.
 Sec. 28.  Disposition of Investigation Report - The investigation report of the Department on violations that may constitute
a criminal offense under Republic Act No. 9231, together with other relevant documents and evidence, shall be immediately
forwarded to the provincial or city prosecutor concerned who shall determine the filing of the appropriate criminal charge.
 Sec. 29.  Effects on Other Issuances – These Rules supersede Department Order No. 18, series of 1994 or the Rules and
Regulations Implementing Republic Act No. 7658.  All other Issuances of the Department inconsistent with the provisions of
these Rules are deemed modified accordingly.
 Sec. 30.  Effects on Existing Contracts – These Rules shall not be interpreted to impair contracts executed prior to its
effectivity.  All other general rules on non-impairment of contracts shall apply.
 Sec. 31.  Separability Clause – If any of the provisions of these Rules is declared invalid or unconstitutional, the validity of
the remaining provisions hereof shall remain in full force and effect.
 Sec. 32.  Effectivity – These Rules shall take effect 15 days from the date of its complete publication in two national
newspapers of general circulation.
 Manila, Philippines, 26 July 2004.
 
       PATRICIA A. STO. TOMAS
     Secretary
epublic Act No. 9262             March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full
respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children,
from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the
fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who
is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited
to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to
live in the conjugal home or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to
the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity,
except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family
Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or
property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or
emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or
her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any
other suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against
women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is
committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the
woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or
other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with
the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force
or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional
or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according
to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be
punished in accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious
physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the
consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

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 the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos
(P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
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 their children under this law. In the absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of
the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of
violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the victim 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 over her life. The provisions of the protection
order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned
in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner,
directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must
remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the
court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any
designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership,
and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's
or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws
to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by
the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any
delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer
liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same
to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use
or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall
direct the appropriate authority to investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any
designated family or household member, provided petitioner and any designated family or household member consents to such
relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from
granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children
occurred and who has personal knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Section 409 of
the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application
shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified
under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject
matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in
English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall
contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the
circumstances of the abuse suffered by 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 her life, it shall be so stated in the application. In such a
case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and
shall provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also
extend assistance in the application for protection orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the
Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a
protection order for the 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 represent the petitioner in the hearing on the application. If the PAO
determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte. The lack of 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 the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the
protection order issued by the Punong Barangay  ordering the perpetrator to desist from committing acts under Section 5 (a) and (b)
of this Act. A Punong Barangay  who receives applications for a BPO shall issue the protection order to the applicant on the date of
filing after ex parte  determination of the basis of the application. If the Punong Barangay  is unavailable to act on the application for a
BPO, the application shall be acted upon by any available  Barangay Kagawad.  If the BPO is issued by a Barangay Kagawad the
order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay  was unavailable at the time for
the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO,
the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay
official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
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 application after ex parte determination that such order should be issued. A court 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 of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the
TPO on the respondent by the court sheriff 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.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) 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 non-availability of his lawyer shall not be a ground
for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears 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 respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant
and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct
of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is
unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew
the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be
modified by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a 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 personal service of the
PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of
the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final.
Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not
exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital
letters on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection
order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge
administratively liable.
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 apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The
hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in
this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of applications
for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule
and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other
proceedings in order to hear applications for a protection order.
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, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that
issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or
civil action that the offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court
may motu proprio issue a protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute 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 acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be
applicable in impliedly instituted with the criminal actions involving violence against women and their children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a bond
to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be
prevented.
Should the respondent fail to give the bond as required, he shall be detained for a 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 (30) days, if for acts
punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.
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 prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which may be
prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of
the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the
commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall
not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her child/children.
Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right
to support, unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case
shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following duties when
dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or
not a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the 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 there is imminent danger to the life or limb of the
victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-
government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos
(P10,000.00) or whenever applicable criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending
physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of
violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs
such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and
consequences of such violence particularly towards educating the public on its social impacts.
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 violence against women and their children under the Act.
SECTION 33. Prohibited Acts. –  A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order
shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the
reliefs sought in the application for protection under this Act. 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 sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein
defined, any person, private individual or police authority or barangay official who, acting in accordance with 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 administrative liability resulting therefrom.
SECTION 35. Rights of Victims. –  In addition to their rights under existing laws, victims of violence against women and their children
shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for a protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary
damages.
SECTION 37. Hold Departure Order. –  The court shall expedite the process of issuance of a hold departure order in cases
prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. –  If the victim is an indigent or there is an immediate
necessity due to imminent danger 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 transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the
abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children,
hereinafter known as the Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop
capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the
monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant
secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may
be determined by the Council in accordance with existing budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. –  The DSWD, and LGU's shall provide the victims temporary shelters,
provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to
perpetrators towards learning 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 psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies
involved in responding to violence against women and their children cases shall be required to undergo education and 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;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer
and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to
enable them to properly handle cases of violence against women and their children.
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 Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as
specified in the protection order.
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 Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-
employee who is a victim under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the
barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to
privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school,
business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent,
shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred
Thousand pesos (P500,000.00).
SECTION 45. Funding –  The amount necessary to implement the provisions of this Act shall be included in the annual General
Appropriations Act (GAA).
 The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for victim of
violence against women and their children.
SECTION 46. Implementing Rules and Regulations.  – Within six (6) months from 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 NCRFW, shall promulgate
the Implementing Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have
suppletory application.
SECTION 48. Separability Clause. –  If any section or provision of this Act is held unconstitutional or invalid, the other sections or
provisions shall not be affected.
SECTION 49. Repealing Clause –  All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2)
newspapers of general circulation.

Approved,
JOSE DE VENECIA JR. FRANKLIN DRILON
Speaker of the House of President of the Senate
Representatives
This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by the Senate and
the House of Representatives on January 29, 2004 and February 2, 2004, respectively.
ROBERTO P. NAZARENO OSCAR G. YABES
Secretary General Secretary of Senate
House of Represenatives
Approved: March 08, 2004
GLORIA MACAPAGAL-ARROYO
President of the Philippines