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BAR OPS 2021

CODAL COMPILATION
CRIMINAL LAW
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Table of Contents

[RPC] BASIC PRINCIPLES (E.G. TERRITORIALITY, ACTUS REUS, MENS REA)…………………………...…... 3

[RPC] JUSTIFYING, EXEMPTING, MITIGATING, AGGRAVATING, AND ALTERNATE CIRCUMSTANCES...….4

APPLICATION OF THE INDETERMINATE SENTENCE LAW………………………………………………………….7

[RPC] SERVICE OF SENTENCE………………...………………………………………………………………………...8

[RPC] EFFECT OF DEATH OF THE ACCUSED…...…………………………………………………………………...11

[RPC] CRIMES AGAINST PERSONS……………………………………………………………………………………12

[RPC] CRIMES AGAINST PROPERTY…………………………………………………………………………………..16

[RPC] CRIMES AGAINST LIBERTY………………………………………………….………………………………….24

CRIMES AGAINST PUBLIC INTEREST…………………………………………………………………………………25

R.A. 9262 (ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004)................................31

R.A. 7610 (SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND

DISCRIMINATION ACT)........................................................................................................................................36

R.A. 11313 (SAFE SPACES ACT)..........................................................................................................................41

R.A. 10173 (DATA PRIVACY ACT OF 2012)..........................................................................................................48

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A. BASIC PRINCIPLES (E.G. TERRITORIALITY, ACTUS REUS, MENS REA)

Territoriality

RPC, Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions;
or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One
of Book Two of this Code.

Actus Reus

ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he
intended.

2. By any person performing an act which would be an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means.

Mens Rea

ARTICLE 3. Definition. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill.
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B. JUSTIFYING, EXEMPTING, MITIGATING, AGGRAVATING, AND ALTERNATE CIRCUMSTANCES

Justifying Circumstances

RPC, Article 11. Justifying circumstances. - The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or repel it.

Third. Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and
those consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
revocation was given by the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this Article are present and that the person defending
be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another,
provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Exempting Circumstances

RPC, Article 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal
liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito),
the court shall order his confinement in one of the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without first obtaining the permission of the same
court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education otherwise, he shall be committed to the care
of some institution or person mentioned in said Art. 80.

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.
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5. Any person who act under the compulsion of irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable
cause.

Mitigating Circumstances

Article 13. Mitigating circumstances. - The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt
from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the provisions of Art. 80.

3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

5. That the act was committed in the immediate vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he
had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution;

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communications with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender without
however depriving him of the consciousness of his acts.

10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

Aggravating Circumstances

RPC, Article 14. Aggravating circumstances. - The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due the offended party on account
of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has
not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.
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7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of this Code.

10. That the offender has been previously punished by an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or
international damage thereto, derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.

13. That the act be committed with evidence premeditation.

14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means,
methods, or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the natural effects of
the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.

19. That the crime be committed with the aid of persons under fifteen years of age or by means of motor
vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438).

20. That the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commissions

Alternate Circumstances

RPC, Article 15. Their concept. - Alternative circumstances are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its
commission. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party in the
spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the
same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the
offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan
to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an
aggravating circumstance.
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C. APPLICATION OF THE INDETERMINATE SENTENCE LAW

Act No. 4103, Section 1. - Hereafter, in imposing a prison sentence for an offense punished by the Revised
Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed
under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to
that prescribed by the Code for the offense; and if the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum
fixed by said law and the minimum shall not be less than the minimum term prescribed by the same.

Act 4103, Sec. 2. - This Act shall not apply to persons convicted of offenses punished with death penalty or
life-imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those convicted
of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual
delinquents; to those who have escaped from confinement or evaded sentence; to those who having been
granted conditional pardon by the Chief Executive shall have violated the terms thereof; to those whose
maximum term of imprisonment does not exceed one year, not to those already sentenced by final judgment at
the time of approval of this Act, except as provided in Section 5 hereof.
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D. SERVICE OF SENTENCE

Article 78. When and how a penalty is to be executed. - No penalty shall be executed except by virtue of a final
judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances
or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the government of the institutions
in which the penalties are to be suffered shall be observed with regard to the character of the work to be
performed, the time of its performance, and other incidents connected therewith, the relations of the convicts
among themselves and other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at least into
different departments and also for the correction and reform of the convicts.

Article 79. Suspension of the execution and service of the penalties in case of insanity. - When a convict shall
become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be
suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance
number 1 of Article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have
prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the
convict is serving his sentence.

Article 80. Suspension of sentence of minor delinquents. - Whenever a minor of either sex, under sixteen years
of age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing
the evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further
proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable
institution, established under the law of the care, correction or education of orphaned, homeless, defective, and
delinquent children, or to the custody or care of any other responsible person in any other place subject to
visitation and supervision by the Director of Public Welfare or any of his agents or representatives, if there be
any, or otherwise by the superintendent of public schools or his representatives, subject to such conditions as
are prescribed hereinbelow until such minor shall have reached his majority age or for such less period as the
court may deem proper. The court, in committing said minor as provided above, shall take into consideration the
religion of such minor, his parents or next of kin, in order to avoid his commitment to any private institution not
under the control and supervision of the religious sect or denomination to which they belong.

The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public
schools or his representatives, or the person to whose custody or care the minor has been committed, shall
submit to the court every four months and as often as required in special cases, a written report on the good or
bad conduct of said minor and the moral and intellectual progress made by him.

The suspension of the proceedings against a minor may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his authorized representative or agents, or the
superintendent of public schools or his representatives, according as to whether the conduct of such minor has
been good or not and whether he has complied with the conditions imposed upon him, or not. The provisions of
the first paragraph of this article shall not, however, be affected by those contained herein.

If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph
of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in
accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care
of a responsible person.

If the minor has behaved properly and has complied with the conditions imposed upon him during his
confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the
same may order his final release.
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In case the minor fails to behave properly or to comply with the regulations of the institution to which he has
been committed or with the conditions imposed upon him when he was committed to the care of a responsible
person, or in case he should be found incorrigible or his continued stay in such institution should be inadvisable,
he shall be returned to the court in order that the same may render the judgment corresponding to the crime
committed by him.

The expenses for the maintenance of a minor delinquent confined in the institution to which he has been
committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if
they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those
persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay
said expenses, the municipality in which the offense was committed shall pay one-third of said expenses; the
province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by
the National Government: Provided, however, That whenever the Secretary of Finance certifies that a
municipality is not able to pay its share in the expenses above mentioned, such share which is not paid by said
municipality shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses;
and in case a chartered city cannot pay said expenses, the internal revenue allotments which may be due to
said city shall be withheld and applied in settlement of said indebtedness in accordance with section five
hundred and eighty-eight of the Administrative Code.

Article 81. When and how the death penalty is to be executed. - The death sentence shall be executed with
reference 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 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 electrocution.

Article 82. Notification and execution of the sentence and assistance to the culprit. - The court shall designate a
working day for the execution but not the hour thereof; and such designation shall not be communicated to the
offender before sunrise of said day, and the execution shall not take place until after the expiration of at least
eight hours following the notification, but before sunset. During the interval between the notification and the
execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be
attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well
as in order to make a will and confer with members of his family or persons in charge of the management of his
business, of the administration of his property, or of the care of his descendants.

Article 83. Suspension of the execution of the death sentence. - The death sentence shall not be inflicted upon
a woman within the three years next following the date of the sentence or while she is pregnant, 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.

Article 84. Place of execution and persons who may witness the same. - The execution shall take place in the
penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting
the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and
the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may
authorize.

Article 85. Provisions relative to the corpse of the person executed and its burial. - Unless claimed by his family,
the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be
turned over to the institute of learning or scientific research first applying for it, for the purpose of study and
investigation, provided that such institute shall take charge of the decent burial of the remains. Otherwise, the
Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission
to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the
burial of the body of a person sentenced to death be held with pomp.

Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. - The
penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall
be executed and served in the places and penal establishments provided by the Administrative Code in force or
which may be provided by law in the future.
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Article 87. Destierro. - Any person sentenced to destierro shall not be permitted to enter the place or places
designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not
less than 25 kilometers from the place designated.

Article 88. Arresto menor. - The penalty of arresto menor shall be served in the municipal jail, or in the house of
the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision,
taking into consideration the health of the offender and other reasons which may seem satisfactory to it.
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E. EFFECT OF DEATH OF THE ACCUSED

Criminal Liability

Article 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor
is extinguished only when the death of the offender occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Civil Liability

Article 112. Extinction of Civil Liability. — Civil liability established in articles 100, 101, 102, and 103 of this
Code shall be extinguished in the same manner as other obligations, in accordance with the provisions of the
Civil Law.

Article 113. Obligation to Satisfy Civil Liability. — Except in case of extinction of his civil liability as provided in
the next preceding article, the offender shall continue to be obliged to satisfy the civil liability resulting from the
crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of
liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation
of sentence, or any other reason.
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F. CRIMES AGAINST PERSONS

Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate or 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.

Article 247. Death or physical injuries inflicted under exceptional circumstances. - Any legally married person
who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any
of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury,
shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under
eighteen years of age, and their seducer, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Article 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 temporal in its maximum period 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 street car or locomotive, fall of an airship, 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.

Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal.

Article 250. Penalty for frustrated parricide, murder or homicide. - The courts, in view of the facts of the case,
may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and
penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the
provision of Article 50.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under
Article 51 should be imposed for an attempt to commit any of such crimes.

Article 251. Death caused in a tumultuous affray. - When, while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be
ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries
can be identified, such person or persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision
correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence
upon the person of the victim.
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Article 252. Physical injuries inflicted in a tumultuous affray. - When in a tumultuous affray as referred to in the
preceding article, only serious physical injuries are inflicted upon the participants thereof and the person
responsible thereof cannot be identified, all those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so
inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be
identified, all those who appear to have used any violence upon the person of the offended party shall be
punished by arresto mayor from five to fifteen days.

Article 253. Giving assistance to suicide. - Any person who shall assist another to commit suicide shall suffer
the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing
himself, he shall suffer the penalty of reclusion temporal.

However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods,
shall be imposed.

Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm shall suffer the
penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that
the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for
which a higher penalty is prescribed by any of the articles of this Code.

Article 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 the 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 correccional 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
prision mayor.

Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have
consented.

Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period
shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional in
its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or
shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision
correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the
consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of
prision correccional in its medium and maximum periods.

Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The penalties provided
in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer
arresto mayor and a fine not exceeding 1,000 pesos.
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Article 260. Responsibility of participants in a duel. - The penalty of reclusion temporal shall be imposed upon
any person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to
their nature.

In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have
been inflicted.

The seconds shall in all events be punished as accomplices.

Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum period shall be imposed
upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall
scoff at or decry another publicly for having refused to accept a challenge to fight a duel.

Article 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any
person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential
organ of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of
the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the
physical injuries inflicted, the person injured shall have lost the use 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 incapacitated for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the
physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other
part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the
performance of the work in which he as habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for
more than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with
attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of
this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the
case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the
case covered by subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries
upon his child by excessive chastisement.

Article 264. Administering injurious substances or beverages. - The penalties established by the next preceding
article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon
another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or
by taking advantage of his weakness of mind or credulity.

Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or
more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and
shall suffer the penalty of arresto mayor.
 15

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the
injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto
mayor, a fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum
and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime
of assault upon such person.

Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be punished:

1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended
party for labor from one to nine days, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical
injuries which do not prevent the offended party from engaging in his habitual work nor require medical
assistance.

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall
ill-treat another by deed without causing any injury.
 16

G. CRIMES AGAINST PROPERTY

Article 293. Who are guilty of robbery. - Any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be
guilty of robbery.

Article 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.

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;
Provided, however, that when the robbery accompanied with rape is committed with a use of a deadly
weapon or by two or more persons, the penalty shall be reclusion perpetua to death (As amended by
PD No. 767).

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 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 sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other
cases. (As amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of
firearm on a street, road or alley. - If the offenses mentioned in subdivisions three, four, and five of the next
preceding article shall have been committed in an uninhabited place or by a band, or by attacking a moving
train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any
manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway,
or alley, and the intimidation is made with the use of a firearm, the offender shall be punished by the maximum
period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Article 296. Definition of a band and penalty incurred by the members thereof. - When more than three armed
malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band.
When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be
imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without
prejudice of the criminal liability for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the band, shall be punished as
principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the
same.

Article 297. Attempted and frustrated robbery committed under certain circumstances. - When by reason or on
occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall
be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed
shall deserve a higher penalty under the provisions of this Code.

Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with intent to defraud
another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument
or documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this
Chapter.
 17

Article 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 250 pesos, and if:

(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the
following means:

1. Through a 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.

Or if -

(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 to be broken or forced open outside the place of the robbery.

When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the
penalty next lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value of the property taken does not
exceed 250 pesos.

When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they
shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabited house, public building, or building
dedicated to religious worship, the penalties next lower in degree than those prescribed in this article shall be
imposed.

Article 300. Robbery in an uninhabited place and by a band. - The robbery mentioned in the next preceding
article, if committed in an uninhabited place and by a band, shall be punished by the maximum period of the
penalty provided therefor.

Article 301. What is an inhabited house, public building or building dedicated to religious worship and their
dependencies. - Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is
committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other departments or
inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and
which form part of the whole, shall be deemed dependencies of an inhabited house, public building or building
dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included in the terms of the next preceding
paragraph, even if closed, contiguous to the building and having direct connection therewith.

The term "public building" includes every building owned by the Government or belonging to a private person
not included used or rented by the Government, although temporarily unoccupied by the same.

Article 302. Robbery is an uninhabited place or in a private building. - Any robbery committed in an uninhabited
place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the property
 18

taken exceeds 250 pesos, shall be punished by prision correccional if any of the following circumstances is
present:

1. If the entrance has been effected through any opening not intended for entrance or egress.

2. If any wall, roof, flour or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed even if
the same to broken open elsewhere.

When the value of the property takes does not exceed 250 pesos, the penalty next lower in degree shall be
imposed.

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is mail
matter or large cattle, the offender shall suffer the penalties next higher in degree than those provided in said
articles.

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. - In the cases
enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals, fruits, or firewood, the
culprit shall suffer the penalty next lower in degree than that prescribed in said articles.

Article 304. Possession of picklocks or similar tools. - Any person who shall without lawful cause have in his
possession picklocks or similar tools especially adopted to the commission of the crime of robbery, shall be
punished by arresto mayor in its maximum period to prision correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If the offender be a locksmith,
he shall suffer the penalty of prision correccional in its medium and maximum periods.

Article 305. False keys. - The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.

Article 306. Who are brigands; Penalty. - When more than three armed persons form a band of robbers for the
purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain
ransom or for any other purpose to be attained by means of force and violence, they shall be deemed highway
robbers or brigands.

Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion
temporal in its minimum period if the act or acts committed by them are not punishable by higher penalties, in
which case, they shall suffer such high penalties.

If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that said
persons are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the
maximum period.

Article 307. Aiding and abetting a band of brigands. - Any person knowingly and in any manner aiding, abetting
or protecting a band of brigands as described in the next preceding article, or giving them information of the
movements of the police or other peace officers of the Government (or of the forces of the United States Army),
when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such
brigands shall be punished by prision correccional in its medium period to prision mayor in its minimum period.

It shall be presumed that the person performing any of the acts provided in this article has performed them
knowingly, unless the contrary is proven.
 19

Article 308. Who are liable for theft. - Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things, shall take personal property of another without
the latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to
its owner;

2. Any person who, after having maliciously damaged the property of another, shall remove or make use
of the fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs
to another and without the consent of its owner, shall hunt or fish upon the same or shall gather
cereals, or other forest or farm products.

Article 309. Penalties. - Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is
more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds
the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph, and
one year for each additional ten thousand pesos, but the total of the penalty which may be imposed
shall not exceed twenty years. In such cases, and in connection with the accessory penalties which
may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed
prision mayor or reclusion temporal, as the case may be.

2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen
is more than 6,000 pesos but does not exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium periods, if the value of the property
stolen is more than 200 pesos but does not exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the
property stolen is over 50 pesos but does not exceed 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not
exceed 5 pesos. If such value exceeds said amount, the provision of any of the five preceding
subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing
stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or
the difficulty of earning a livelihood for the support of himself or his family.

Article 310. Qualified theft. - The crime of theft shall be punished by the penalties next higher by two degrees
than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave
abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts
taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the
occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil
disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).

Article 311. Theft of the property of the National Library and National Museum. - If the property stolen be any
property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging
from 200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code,
in which case, the offender shall be punished by such higher penalty.
 20

Article 312. Occupation of real property or usurpation of real rights in property. - Any person who, by means of
violence against or intimidation of persons, shall take possession of any real property or shall usurp any real
rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by
him, shall be punished by a fine from 50 to 100 per centum of the gain which he shall have obtained, but not
less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Article 313. Altering boundaries or landmarks. - Any person who shall alter the boundary marks or monuments
of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be
punished by arresto menor or a fine not exceeding 100 pesos, or both.

Article 314. Fraudulent insolvency. - Any person who shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prision mayor, if he be a merchant and the penalty of prision correccional in
its maximum period to prision mayor in its medium period, if he be not a merchant.

Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned
hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the
amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the
latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for
each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In
such cases, and in connection with the accessory penalties which may be imposed under the provisions of this
Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over
6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such
amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the
four cases mentioned, the fraud be committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such obligation be based on an immoral or illegal
consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal
property received by the offender in trust or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received such money, goods, or other
property.

(c) By taking undue advantage of the signature of the offended party in blank, and by writing any
document above such signature in blank, to the prejudice of the offended party or of any third person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously
with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny
which the offended party may deem proper to bring against the offender. In this case, the offender shall
be punished by the maximum period of the penalty.
 21

(d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein were
not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the
amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or
the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be
prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885,
approved June 17, 1967.)

(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house,
lodging house, or apartment house and the like without paying therefor, with intent to defraud the
proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment or accommodation therein without paying for
his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or
any other papers.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium period and a
fine of not less than the value of the damage caused and not more than three times such value, shall be
imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage
the same.

2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such
encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. Any person who shall accept any compensation given him under the belief that it was in payment of
services rendered or labor performed by him, when in fact he did not actually perform such services or
labor.

6. Any person who, while being a surety in a bond given in a criminal or civil action, without express
authority from the court or before the cancellation of his bond or before being relieved from the
obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property
or properties with which he guaranteed the fulfillment of such obligation.

Article 317. Swindling a minor. - Any person who taking advantage of the inexperience or emotions or feelings
of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a
transfer of any property right in consideration of some loan of money, credit or other personal property, whether
the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor
and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor.

Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the amount of the damage
caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage
another by any other deceit not mentioned in the preceding articles of this chapter.
 22

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not
exceeding 200 pesos.

Article 319. Removal, sale or pledge of mortgaged property. - The penalty or arresto mayor or a fine amounting
to twice the value of the property shall be imposed upon:

1. Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage
Law to any province or city other than the one in which it was located at the time of the execution of
the mortgage, without the written consent of the mortgagee, or his executors, administrators or
assigns.

2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of
the mortgage and noted on the record hereof in the office of the Register of Deeds of the province
where such property is located.

Article 327. Who are liable for malicious mischief. - Any person who shall deliberately cause the property of
another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious
mischief.

Article 328. Special cases of malicious mischief. - Any person who shall cause damage to obstruct the
performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or
contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to
any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be
punished:

1. By prision correccional in its minimum and medium periods, if the value of the damage caused
exceeds 1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos;
and

3. By arresto menor, in such value does not exceed 200 pesos.

Article 329. Other mischiefs. - The mischiefs not included in the next preceding article shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds
1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not
exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more than 200
pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.

Article 330. Damage and obstruction to means of communication. - The penalty of prision correccional in its
medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or
telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall
be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal
act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things
pertaining to railways, shall be deemed to constitute an integral part of a railway system.

Article 331. Destroying or damaging statues, public monuments or paintings. - Any person who shall destroy or
damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in
its medium period to prision correccional in its minimum period.
 23

Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the
penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the
discretion of the court.

Article 332. Persons exempt from criminal liability. - No criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following
persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the deceased spouse before the
same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the commission of
the crime.
 24

H. CRIMES AGAINST LIBERTY

Article 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 five 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, female or a public officer.

The penalty shall be 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.

Article 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
circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.

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.

Article 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be
imposed upon any person who, in any case other than those authorized by law, or without reasonable ground
therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.

Article 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.

Article 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 parent or guardians or the persons entrusted with his custody.

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.

Article 272. Slavery. - The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed
upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.

If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty
shall be imposed in its maximum period.

Article 273. Exploitation of child labor. - The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing
himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall,
against the latter's will, retain him in his service.

Article 274. Services rendered under compulsion in payment of debt. - The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order
to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as
household servant or farm laborer.
 25

I. CRIMES AGAINST PUBLIC INTEREST

CRIMES AGAINST PUBLIC INTEREST

Article 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or
stamp of the Chief Executive. - The penalty of reclusion temporal shall be imposed upon any person who shall
forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief
Executive.

Article 162. Using forged signature or counterfeit seal or stamp. - The penalty of prision mayor shall be imposed
upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned
in the preceding article.

Article 163. Making and importing and uttering false coins. - Any person who makes, imports, or utters, false
coins, in connivance with counterfeiters, or importers, shall suffer:

1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the
counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten
centavo denomination or above.

2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if
the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the
Philippines below ten-centavo denomination.

3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited
coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965).

Article 164. Mutilation of coins; Importation and utterance of mutilated coins. - The penalty of prision
correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person
who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter
mutilated current coins, or in connivance with mutilators or importers.

Article 165. Selling of false or mutilated coin, without connivance. - The person who knowingly, although
without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to
utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed
in said articles.

Article 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such
false or forged notes and documents. - The forging or falsification of treasury or bank notes or certificates or
other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or
importers of such false or forged obligations or notes, shall be punished as follows:

1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document
which has been falsified, counterfeited, or altered, is an obligations or security of the United States or
of the Philippines Islands.

The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean
all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit,
bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the
Philippine Islands, and other representatives of value, of whatever denomination, which have been or
may be issued under any act of the Congress of the United States or of the Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered
document is a circulating note issued by any banking association duly authorized by law to issue the
same.

3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or
counterfeited document was issued by a foreign government.

4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or
altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.
 26

Article 167. Counterfeiting, importing and uttering instruments not payable to bearer. - Any person who shall
forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other
document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and
maximum periods and a fine not exceeding P6,000 pesos.

Article 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. - Unless
the act be one of those coming under the provisions of any of the preceding articles, any person who shall
knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in
this section, shall suffer the penalty next lower in degree than that prescribed in said articles.

Article 169. How forgery is committed. - The forgery referred to in this section may be committed by any of the
following means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein,
the appearance of a true genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
contained therein.

Article 170. Falsification of legislative documents. - The penalty of prision correccional in its maximum period
and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority
therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the
Legislature or any provincial board or municipal council.

Article 171. Falsification by public officer, employee or notary or ecclesiastic minister. - The penalty of prision
mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary
who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact
so participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its meaning;

7. Issuing in an authenticated form a document purporting to be a copy of an original document when no

such original exists, or including in such a copy a statement contrary to, or different from, that of the
genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official
book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses
enumerated in the preceding paragraphs of this article, with respect to any record or document of such
character that its falsification may affect the civil status of persons.

Article 172. Falsification by private individual and use of falsified documents. - The penalty of prision
correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed
upon:

1. Any private individual who shall commit any of the falsifications enumerated in the next preceding
article in any public or official document or letter of exchange or any other kind of commercial
document; and
 27

2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any
private document commit any of the acts of falsification enumerated in the next preceding article.

Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or
who, with the intent to cause such damage, shall use any of the false documents embraced in the next
preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next
lower in degree.

Article 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified
messages. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon
officer or employee of the Government or of any private corporation or concern engaged in the service of
sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or
telephone message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such
prejudice, shall suffer the penalty next lower in degree.

Article 174. False medical certificates, false certificates of merits or service, etc. - The penalties of arresto
mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000
pesos shall be imposed upon:

1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false
certificate; and

2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar
circumstances.

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling
within the classes mentioned in the two preceding subdivisions.

Article 175. Using false certificates. - The penalty of arresto menor shall be imposed upon any one who shall
knowingly use any of the false certificates mentioned in the next preceding article.

Article 176. Manufacturing and possession of instruments or implements for falsification. - The penalty of prison
correctional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be imposed
upon any person who shall make or introduce into the Philippine Islands any stamps, dies, marks, or other
instruments or implements intended to be used in the commission of the offenses of counterfeiting or
falsification mentioned in the preceding sections of this Chapter. Any person who, with the intention of using
them, shall have in his possession any of the instruments or implements mentioned in the preceding
paragraphs, shall suffer the penalty next lower in degree than that provided therein.

Article 177. Usurpation of authority or official functions. - Any person who shall knowingly and falsely represent
himself to be an officer, agent or representative of any department or agency of the Philippine Government or of
any foreign government, or who, under pretense of official position, shall perform any act pertaining to any
person in authority or public officer of the Philippine Government or any foreign government, or any agency
thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum
and medium periods.

Article 178. Using fictitious name and concealing true name. - The penalty of arresto mayor and a fine not to
exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of
concealing a crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances shall be punished by arresto menor
or a fine not to exceed 200 pesos.

Article 179. Illegal use of uniforms or insignia. - The penalty of arresto mayor shall be imposed upon any person
who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by
such person or to a class of persons of which he is not a member.
 28

Article 180. False testimony against a defendant. - Any person who shall give false testimony against the
defendant in any criminal case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;

2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or
reclusion perpetua;

3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive
penalty; and

4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a
fine, or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed
1,000 pesos.

Article 181. False testimony favorable to the defendants. - Any person who shall give false testimony in favor of
the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable
by an afflictive penalty, and the penalty of arresto mayor in any other case.

Article 182. False testimony in civil cases. - Any person found guilty of false testimony in a civil case shall suffer
the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in
controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not
exceed said amount or cannot be estimated.

Article 183. False testimony in other cases and perjury in solemn affirmation. - The penalty of arresto mayor in
its maximum period to prision correccional in its minimum period shall be imposed upon any person, who
knowingly makes untruthful statements and not being included in the provisions of the next preceding articles,
shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to
administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods
mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided
therein.

Article 184. Offering false testimony in evidence. - Any person who shall knowingly offer in evidence a false
witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall
suffer the respective penalties provided in this section.

Article 185. Machinations in public auctions. - Any person who shall solicit any gift or promise as a
consideration for refraining from taking part in any public auction, and any person who shall attempt to cause
bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the
reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum
period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

Article 186. Monopolies and combinations in restraint of trade. - The penalty of prision correccional in its
minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by
artificial means free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine
with any other person or persons to monopolize and merchandise or object in order to alter the price
thereof by spreading false rumors or making use of any other article to restrain free competition in the
market;
 29

3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of
commerce or an importer of any merchandise or object of commerce from any foreign country, either
as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any
person likewise engaged in the manufacture, production, processing, assembling or importation of
such merchandise or object of commerce or with any other persons not so similarly engaged for the
purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any
part of the Philippines, of any such merchandise or object of commerce manufactured, produced,
processed, assembled in or imported into the Philippines, or of any article in the manufacture of which
such manufactured, produced, or imported merchandise or object of commerce is used.

If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of
prime necessity, the penalty shall be that of prision mayor in its maximum and medium periods it being
sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the
combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and
being the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the president and
each one of its agents or representatives in the Philippines in case of a foreign corporation or association, who
shall have knowingly permitted or failed to prevent the commission of such offense, shall be held liable as
principals thereof.

Article 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other
precious metals or their alloys. - The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or
both, shall be imposed on any person who shall knowingly import or sell or dispose of any article or
merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which
fail to indicate the actual fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it
is engraved, printed, stamped, labeled or attached, when the rest of the article shows that the quality or
fineness thereof is less by more than one-half karat, if made of gold, and less by more than four
one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of watch
cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three
one-thousandth than the fineness indicated by said stamp, brand, label, or mark.

Article 188. Subsisting and altering trade-mark, trade-names, or service marks. - The penalty of prision
correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon:

1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or
a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of
commerce and shall sell the same;

2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the
trade-name or trade- mark has been fraudulently used in such goods as described in the preceding
subdivision;

3. Any person who, in the sale or advertising of his services, shall use or substitute the service mark of
some other person, or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of a
person is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or
service mark, or a colorable imitation thereof, for another person, to enable that other person to
fraudulently use such trade-name, trade-mark, or service mark on his own goods or in connection with
the sale or advertising of his services.

A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign or device, or
any combination thereof used as an advertisement, sign, label, poster, or otherwise, for the purpose of enabling
the public to distinguish the business of the person who owns and uses said trade-name or trade-mark.
 30

A service mark as herein used is a mark used in the sale or advertising of services to identify the services of one
person and distinguish them from the services of others and includes without limitation the marks, names,
symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising.

Article 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description. - The penalty provided in the next proceeding article shall be
imposed upon:

1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his
legitimate trade or the public in general, shall sell his goods giving them the general appearance of
goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the
packages in which they are contained or the device or words thereon or in any other features of their
appearance which would be likely to induce the public to believe that the goods offered are those of a
manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a
chance or opportunity to do the same with a like purpose.

2. Any person who shall affix, apply, annex or use in connection with any goods or services or any
container or containers for goods a false designation of origin or any false description or representation
and shall sell such goods or services.

3. Any person who by means of false or fraudulent representation or declarations orally or in writing or by
other fraudulent means shall procure from the patent office or from any other office which may
hereafter be established by law for the purposes the registration of a trade-name, trade-mark or service
mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry respecting
a trade-name, trade-mark or service mark.
 31

J. R.A. 9262 (ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004)

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.
 32

A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and
their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or
her child has the right to desist from or desist from conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall include, but not limited to, the following
acts committed with the purpose or effect of controlling or restricting the woman's or her child's
movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her
family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money,
or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include,
but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
 33

(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 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
 34

(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 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
 35

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:
 36

K. R.A. 7610 (SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND

DISCRIMINATION ACT)

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty
or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed
for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development
of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children.1awphi1Ÿ

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
 37

government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual
abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not
limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other
similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years
of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age
shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which
the license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said
child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person
is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but
not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum
period when the victim is under twelve (12) years of age.
 38

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7
of this Act:

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;

(b) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or

(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or

(d) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of
child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall
be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or
model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall
be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or
allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other
acts covered by this section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty
thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related
within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have
in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor
in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however,
That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be
imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
 39

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who
allows any person to take along with him to such place or places any minor herein described shall be
imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand
pesos (P50,000), and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable
under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under
twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.

ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent
Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts
of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the
owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or
special laws. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or
enterprises by the Department of Social Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by
prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same
occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as
amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides
child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the
customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have
committed the acts penalized herein.

ARTICLE VIII
Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where
only members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
 40

(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's
parent or guardian, with the express agreement of the child concerned, if possible, and the approval of
the Department of Labor and Employment: Provided, That the following requirements in all instances
are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure
observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports
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 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ
child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco
and its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and
109 of Presidential Decree No. 603.

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity
or affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and
forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public
officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion
temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child
victim, or any immediate member of his family if the latter is the perpetrator of the offense.
 41

L. R.A. 11313 (SAFE SPACES ACT)

Sec. 3. Definition of Terms. —As used in this Act;

(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of
wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;

(b) Employee refers to a person, who in exchange for remuneration, agrees to perform specified services for
another person, whether natural or juridical, and whether private or public, who exercises fundamental control
over the work, regardless of the term or duration of agreement: Provided, That for the purposes of this law, a
person who is detailed to an entity under a subcontracting or secondment agreement shall be considered an
employee;

(c) Employer refers to a person who exercises control over an employee: Provided, That for the purpose of this
Act, the status or conditions of the latter’s employment or engagement shall be disregarded;

(d) Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations
identifying the social behavior of men and women, and the relations between them;

(e) Gender-based online sexual harassment refers to an on the conduct targeted at a particular person that
causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual
harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one’s
photos without consent, video and audio recordings, cyberstalking and online identity theft;

(f) Gender identity and/or expression refers to the personal sense of identity as characterized, among others, by
manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may
have a male or female identity with physiological characteristics of the opposite sex, in which case this person is
considered transgender;

(g) Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility
vehicles as well as private vehicles covered by app-based transport network services and other recreational
spaces such as, but not limited to, cinema halls, theaters and spas; and

(h) Stalking refers to conduct directed at a person involving the repeated visual or physical proximity,
non-consensual communication, or a combination thereof that cause or will likely cause a person to fear for
one’s own safety or the safety of others, or to suffer emotional distress.

ARTICLE I
GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT

Sec. 4. Gender-Based Streets and Public Spaces Sexual Harassment. – The crimes of gender-based streets
and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or
remarks against any person regardless of the motive for committing such action or remarks.

Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted
invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures
on a person’s appearance, relentless requests for personal details, statement of sexual comments and
suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or
physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and
committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based
streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants,
malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.

Sec. 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks,
Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public. –
Restaurants, bars, cinemas, malls, buildings and other privately-owned places open to the public shall adopt a
zero-tolerance policy against gender -based streets and public spaces sexual harassment. These
establishments are obliged to provide assistance to victims of gender-based sexual harassment by coordinating
with local police authorities immediately after gender-based sexual harassment is reported, making CCTV
 42

footage available when ordered by the court, and providing a safe gender-sensitive environment to encourage
victims to report gender-based sexual harassment at the first instance.

All restaurants, bars, cinemas and other places of recreation shall install in their business establishments
clearly-visible warning signs against gender -based public spaces sexual harassment, including the anti- sexual
harassment hotline number in bold letters, and shall designate at least one (1) anti-sexual harassment officer to
receive gender-based sexual harassment complaints. Security guards in these places may be deputized to
apprehend perpetrators caught in flagrante delicto and are required to immediately coordinate with local
authorities.

Sec. 6. Gender-Based Sexual Harassment in Public Utility Vehicles. – In addition to the penalties in this Act, the
Land Transportation Office (LTO) may cancel the license of perpetrators found to have committed acts
constituting sexual harassment in public utility vehicles, and the Land Transportation Franchising and Regulatory
Board (LTFRB) may suspend or revoke the franchise of transportation operators who commit gender-based
streets and public spaces sexual harassment acts. Gender-based sexual harassment in public utility vehicles
(PUVs) where the perpetrator is the driver of the vehicle shall also constitute a breach of contract of carriage, for
the purpose of creating a presumption of negligence on the part of the owner or operator of the vehicle in the
selection and supervision of employees and rendering the owner or operator solidarily liable for the offenses of
the employee.

Sec. 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors. – In case the
offense is committed by a minor, the Department of Social Welfare and Development (DSWD) shall take
necessary disciplinary measures as provided for under Republic Act No. 9344, otherwise known as the
“Juvenile Justice and Welfare Act of 2006″.

Sec. 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. – The
following acts are unlawful and shall be penalized as follows:

(a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, cursing,
unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted
comments on one’s appearance, relentless requests for one’s personal details such as name, contact
and social media details or destination, the use of words, gestures or actions that ridicule on the basis
of sex gender or sexual orientation, identity and/or expression including sexist, homophobic, and
transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names,
comments and demands, and any statement that has made an invasion on a person’s personal space
or threatens the person’s sense of personal safety –

(1) The first offense shall be punished by a fine of One thousand pesos (PI,000.00) and community service
of twelve hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in
coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of Three thousand
pesos (P3,000.00)

(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten thousand pesos
(P1O, 000.00).

(b) For acts such as making offensive body gestures at someone, and exposing private parts for the sexual
gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the
offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual
actions –

(1) The first offense shall be punished by a fine of Ten thousand pesos (P10,000.00) and community
service of twelve hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the
PNP in coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine of Fifteen thousand
pesos (P15,000.00);
 43

(3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a fine of
Twenty thousand pesos (P20,000.00).

(c) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when
accompanied by touching, pinching or brushing against the body of the offended person; or any
touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs,
face, buttocks or any part of the victim’s body even when not accompanied by acts mentioned in
Section 11 paragraphs (a) and (b) –

(1) The first offense shall be punished by arresto menor (11 to 30 days) or a fine of Thirty thousand pesos
(P30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar, to be conducted by
the PNP in coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto mayor (1 month and 1 day to 6 months) or a fine of
Fifty thousand pesos (P50,000.00);

(3) The third offense shall be punished by arresto mayor in its maximum period or a fine of One hundred
thousand pesos (P 100,000.00)

ARTICLE II
GENDER-BASED ONLINE SEXUAL HARASSMENT

Sec. 12. Gender-Based Online Sexual Harassment. – Gender-based online sexual harassment includes acts that
use information and communications technology in terrorizing and intimidating victims through physical,
psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist
remarks and comments online whether publicly or through direct and private messages, invasion of victim’s
privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the
victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording
and sharing of any of the victim’s photos, videos, or any information online, impersonating identities of victims
online or posting lies about victims to harm their reputation, or filing false abuse reports to online platforms to
silence victims.

Sec. 14. Penalties for Gender-Based Online Sexual Harassment. – The penalty of prision correccional in its
medium period or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five
hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any
person found guilty of any gender-based online sexual harassment.

If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked, and the
persons liable shall be the officers thereof, including the editor or reporter in the case of print media, and the
station manager, editor and broadcaster in the case of broadcast media. An alien who commits gender-based
online sexual harassment shall be subject to deportation proceedings after serving sentence and payment of
fines.

Exemption to acts constitutive and penalized as gender-based online sexual harassment are authorized written
orders of the court for any peace officer to use online records or any copy thereof as evidence in any civil,
criminal investigation or trial of the crime: Provided, That such written order shall only be issued or granted upon
written application and the examination under oath or affirmation of the applicant and the witnesses may
produce, and upon showing that there are reasonable grounds to believe that gender-based online sexual
harassment has been committed or is about to be committed, and that the evidence to be obtained is essential
to the conviction of any person for, or to the solution or prevention of such crime.

Any record, photo or video, or copy thereof of any person that is in violation of the preceding sections shall not
be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

ARTICLE III
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES AND ONLINE SEXUAL HARASSMENT

Sec. 15. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment. – The penalty next
higher in degree will be applied in the following cases:
 44

(a) If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys, taxis,
tricycles, or app-based transport network vehicle services, where the perpetrator is the driver of the
vehicle and the offended party is a passenger:

(b) If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a breastfeeding
mother nursing her child;

(c) If the offended party is diagnosed with a mental problem tending to impair consent;

(d) If the perpetrator is a member of the uniformed services, such as the PNP and the Armed Forces of the
Philippines (AFP), and the act was perpetrated while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering frontline services to the public
and the perpetrator is a government employee.

ARTICLE IV
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

Sec. 16. Gender-Based Sexual Harassment in the Workplace. – The crime of gender-based sexual harassment
in the workplace includes the following:

(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual
favors or any act of sexual nature, whether done verbally, physically or through the use of technology
such as text messaging or electronic mail or through any other forms of information and
communication systems, that has or could have a detrimental effect on the conditions of an individual’s
employment or education, job performance or opportunities;

(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is
unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through
the use of technology such as text messaging or electronic mail or through any other forms of
information and communication systems;

(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating
environment for the recipient: Provided, That the crime of gender-based sexual harassment may also
be committed between peers and those committed to a superior officer by a subordinate, or to a
teacher by a student, or to a trainer by a trainee; and

(d) Information and communication system refers to a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or electronic documents and includes the computer
system or other similar devices by or in which data are recorded or stored and any procedure related to
the recording or storage of electronic data messages or electronic documents.

Sec. 17. Duties of Employers. – Employers or other persons of authority, influence or moral ascendancy in a
workplace shall have the duty to prevent, deter, or punish the performance of acts of gender-based sexual
harassment in the workplace. Towards this end, the employer or person of authority, influence or moral
ascendancy shall:

(a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the workplace;

(b) Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct
of anti-sexual harassment seminars;

(c) Create an independent internal mechanism or a committee on decorum and investigation to investigate
and address complaints of gender-based sexual harassment which shall;

(1) Adequately represent the management, the employees from the supervisory rank, the rank-and-file
employees, and the union, if any;

(2) Designate a woman as its head and not less than half of its members should be women;
 45

(3) Be composed of members who should be impartial and not connected or related to the alleged
perpetrator;

(4) Investigate and decide on the complaints within ten days or less upon receipt thereof;

(5) Observe due process;

(6) Protect the complainant from retaliation; and

(7) Guarantee confidentiality to the greatest extent possible

(d) Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or
workplace policy which shall;

(1) Expressly reiterate the prohibition on gender-based sexual harassment;

(2) Describe the procedures of the internal mechanism created under Section 17(c) of this Act; and

(3) Set administrative penalties.

Sec. 18. Duties of Employees and Co-Workers – Employees and co-workers shall have the duty to:

(a) Refrain from committing acts of gender-based sexual harassment;

(b) Discourage the conduct of gender-based sexual harassment in the workplace;

(c) Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are
victims of gender-based sexual harassment; and

(d) Report acts of gender-based sexual harassment witnessed in the workplace.

Sec. 19. Liability of Employers. – In addition to liabilities for committing acts of gender-based sexual
harassment, employers may also be held responsible for:

(a) Non-implementation of their duties under Section 17 of this Act, as provided in the penal provisions: or

(b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less
than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less
than Ten thousand pesos (P10,000.00) nor more than Fifteen thousand pesos (P 15,000.00).

ARTICLE V
GENDER-BASED SEXUAL HARASSMENT IN EDUCATION AND TRAINING INSTITUTIONS

Sec.21. Gender Based Sexual Harassment in Educational and Training Institutions. —All schools, whether public
or private, shall designate an officer-in-charge to receive complaints regarding violations of this Act, and shall
ensure that the victims are provided with a gender-sensitive environment that is both respectful to the victims’
needs and conducive to truth-telling.

Every school must adopt and publish grievance procedures to facilitate the filing of complaints by students and
faculty members. Even if an individual does not want to file a complaint or does not request that the school take
any action on behalf of a student or faculty member and school authorities have knowledge or reasonably know
about a possible or impending act of gender -based sexual harassment or sexual violence, the school should
promptly investigate to determine the veracity of such information or knowledge and the circumstances under
which the act of gender-based sexual harassment or sexual violence were committed, and take appropriate
steps to resolve the situation. If a school knows or reasonably should know about acts of gender-based sexual
 46

harassment or sexual violence being committed that creates a hostile environment, the school must take
immediate action to eliminate the same acts, prevent their recurrence, and address their effects.

Once a perpetrator is found guilty, the educational institution may reserve the right to strip the diploma from the
perpetrator or issue an expulsion order.

The Committee on Decorum and Investigation (CODI) of all educational institutions shall address gender-based
sexual harassment and online sexual harassment in accordance with the rules and procedures contained in their
CODI manual.

Sec. 22. Duties of School Heads. – School heads shall have the following duties:

(a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution;

(b) Provide measures to prevent gender-based sexual harassment in educational institutions, like
information campaigns:

(c) Create an independent internal mechanism or a CODI to investigate and address complaints of
gender-based sexual harassment which shall:

(1) Adequately represent the school administration, the trainers, instructors, professors or coaches and
students or trainees, students and parents, as the case may be;

(2) Designate a woman as its head and not less than half of its members should be women;

(3) Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the
CODI as far as practicable;

(4) Be composed of members who should be impartial and not connected or related to the alleged
perpetrator;

(5) Investigate and decide on complaints within ten (10) days or less upon receipt thereof;

(6) Observe due process;

(7) Protect the complainant from retaliation; and

(8) Guarantee confidentiality to the greatest extent possible

(d) Provide and disseminate, in consultation with all persons in the educational institution, a code of
conduct or school policy which shall:

(1) Expressly reiterate the prohibition on gender-based sexual harassment;

(2) Prescribe the procedures of the internal mechanism created under this Act; and

(3) Set administrative penalties.

Sec. 23. Liability of School Heads. —In addition to liability for committing acts of gender-based sexual
harassment, principals, school heads, teachers, instructors, professors, coaches, trainers, or any other person
who has authority, influence or moral ascendancy over another in an educational or training institution may also
be held responsible for:

(a) Non-implementation of their duties under Section 22 of this Act, as provided in the penal provisions; or

(b) Failure to act on reported acts of gender-based sexual harassment committed in the educational
institution.
 47

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less
than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less
than Ten thousand pesos (P10,000.00) nor more than Fifteen thousand pesos (P15,000.00).

Sec. 24. Liability of Students. – Minor students who are found to have committed acts of gender-based sexual
harassment shall only be held liable for administrative sanctions by the school as stated in their school
handbook.
 48

M. R.A. 10173 (DATA PRIVACY ACT OF 2012)

SEC. 3. Definition of Terms. – Whenever used in this Act, the following terms shall have the respective meanings
hereafter set forth:

(a) Commission shall refer to the National Privacy Commission created by virtue of this Act.

(b) Consent of the data subject refers to any freely given, specific, informed indication of will, whereby the data
subject agrees to the collection and processing of personal information about and/or relating to him or her.
Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data
subject by an agent specifically authorized by the data subject to do so.

(c) Data subject refers to an individual whose personal information is processed.

(d) Direct marketing refers to communication by whatever means of any advertising or marketing material which
is directed to particular individuals.

(e) Filing system refers to any act of information relating to natural or juridical persons to the extent that,
although the information is not processed by equipment operating automatically in response to instructions
given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating
to individuals, in such a way that specific information relating to a particular person is readily accessible.

(f) Information and Communications System refers to a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or electronic documents and includes the computer system or
other similar device by or which data is recorded, transmitted or stored and any procedure related to the
recording, transmission or storage of electronic data, electronic message, or electronic document.

(g) Personal information refers to any information whether recorded in a material form or not, from which the
identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the
information, or when put together with other information would directly and certainly identify an individual.

(h) Personal information controller refers to a person or organization who controls the collection, holding,
processing or use of personal information, including a person or organization who instructs another person or
organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The
term excludes:

(1) A person or organization who performs such functions as instructed by another person or organization;
and

(2) An individual who collects, holds, processes or uses personal information in connection with the
individual’s personal, family or household affairs.

(i) Personal information processor refers to any natural or juridical person qualified to act as such under this Act
to whom a personal information controller may outsource the processing of personal data pertaining to a data
subject.

(j) Processing refers to any operation or any set of operations performed upon personal information including,
but not limited to, the collection, recording, organization, storage, updating or modification, retrieval,
consultation, use, consolidation, blocking, erasure or destruction of data.

(k) Privileged information refers to any and all forms of data which under the Rules of Court and other pertinent
laws constitute privileged communication.

(l) Sensitive personal information refers to personal information:

(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or
political affiliations;

(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any
offense committed or alleged to have been committed by such person, the disposal of such
proceedings, or the sentence of any court in such proceedings;
 49

(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social
security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation,
and tax returns; and

(4) Specifically established by an executive order or an act of Congress to be kept classified.

SEC. 4. Scope. – This Act applies to the processing of all types of personal information and to any natural and
juridical person involved in personal information processing including those personal information controllers and
processors who, although not found or established in the Philippines, use equipment that are located in the
Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately
succeeding paragraph: Provided, That the requirements of Section 5 are complied with.

This Act does not apply to the following:

(a) Information about any individual who is or was an officer or employee of a government institution that
relates to the position or functions of the individual, including:

(1) The fact that the individual is or was an officer or employee of the government institution;

(2) The title, business address and office telephone number of the individual;

(3) The classification, salary range and responsibilities of the position held by the individual; and

(4) The name of the individual on a document prepared by the individual in the course of employment with
the government;

(b) Information about an individual who is or was performing service under contract for a government
institution that relates to the services performed, including the terms of the contract, and the name of
the individual given in the course of the performance of those services;

(c) Information relating to any discretionary benefit of a financial nature such as the granting of a license or
permit given by the government to an individual, including the name of the individual and the exact
nature of the benefit;

(d) Personal information processed for journalistic, artistic, literary or research purposes;

(e) Information necessary in order to carry out the functions of public authority which includes the
processing of personal data for the performance by the independent, central monetary authority and
law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions.
Nothing in this Act shall be construed as to have amended or repealed Republic Act No. 1405,
otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the
Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known as the Credit Information
System Act (CISA);

(f) Information necessary for banks and other financial institutions under the jurisdiction of the
independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic Act
No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering
Act and other applicable laws; and

(g) Personal information originally collected from residents of foreign jurisdictions in accordance with the
laws of those foreign jurisdictions, including any applicable data privacy laws, which is being
processed in the Philippines.

SEC. 6. Extraterritorial Application. – This Act applies to an act done or practice engaged in and outside of the
Philippines by an entity if:

(a) The act, practice or processing relates to personal information about a Philippine citizen or a resident;
 50

(b) The entity has a link with the Philippines, and the entity is processing personal information in the
Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens
or residents such as, but not limited to, the following:

(1) A contract is entered in the Philippines;

(2) A juridical entity unincorporated in the Philippines but has central management and control in the
country; and

(3) An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of
the Philippine entity has access to personal information; and

(c) The entity has other links in the Philippines such as, but not limited to:

(1) The entity carries on business in the Philippines; and

(2) The personal information was collected or held by an entity in the Philippines.