AMAES Student Handbook 2022

MEMORANDUM
AMA EDUCATION SYSTEM

HEAD OFFICE REF#:
March 25, 2022
HOACS-03-2022-365
TO : ACAD
CC : HRD, IT, FINANCE, AUDIT, OPNS
FROM : ASST. CORPORATE SECRETARY

RE : AMAES STUDENT HANDBOOK
SUPERSEDES: ANY AND ALL PRIOR ISSUANCES INCONSISTENT HEREWITH
The Chairman hereby approves the attached AMAES Student Handbook version
2022.
Please be guided accordingly.
Mark Cristian P. Dote

Assistant Corporate Secretary
Approved by:
Dr. Amable R. Aguiluz V
Chairman Emeritus
(510 is approved mpd to emm, cc
aal, ees, nba, obc, posting via viber)
Page 1 of 1
STUDENT HANDBOOK
March, 2022
# 59 Panay Avenue, Quezon City

Tel. No. 373-3901
Website: http://www.amaes.edu.ph/
Student Handbook | AMA Education System

TABLE OF CONTENTS Page
FOREWORD 9
THE AMA EDUCATION SYTEM HISTORY 10
AMA EDUCATION SYSTEM TIMELINE 15
AMA EDUCATION SYSTEM (AMAES) SCHOOLS 16
PHILOSOPHY AND MISSION STATEMENT 20

SPECIFIC AIMS 20
VISION & MISSION 21
ADMISSION POLICIES 22
ADMISSION PROCEDURE
ONSITE 22
ONLINE 22
ADMISSION REQUIREMENTS 23
Incoming Freshman 23
Foreign Student Applicants 23
Transferees/New Students 24
Second Degree Program 24
Residency Requirements for Transfer Students 25
Transferees from AMAES member schools 25
Credit Transfer Application 26
Application Procedures 27
ONSITE 27
ONLINE 27
Incomplete requirements 28
ENROLLMENT PROCEDURES 28
ONSITE 28
2 Student Handbook | AMA Education System

For Freshman 28
For Transferees 28
For Old Students 29
ONLINE 29
ADVANCED ENROLLMENT 30
LATE ENROLLMENT 31
WITHDRAWAL OF ENROLLMENT 31
For students who paid in full 32
For students who paid in partial 32
For students with 1000 Pesos Partial Payment 33
CASH DISCOUNT 34
PROMISSORY NOTES UPON ENROLMENT 34
REGISTRATION/ENROLMENT FOR RESIDENCE 35
APPLICATION FOR ID CARD, ID VALIDATION 35
ONSITE 35
ONLINE 35
ACADEMIC POLICIES 37
ACADEMIC LOAD 37
Regular Academic Load 37
Overload 38
COURSE PREREQUISITE 38
COURSE CREDITING FOR TRANSFER STUDENTS 38
Within AMAES 39
From other schools 39
SECOND DEGREE PROGRAM 39
SUBSTITUTION OF COURSES 40
ADDING / DROPPING OF COURSES 40
ONSITE 41
ONLINE

SHIFTING TO ANOTHER PROGRAM 42
CROSS ENROLLMENT 43
Cross-enrollment from AMAES to 43
43
AMAES/Non-AMAES Schools
43
Procedure
ONSITE 43
ONLINE 43
Cross-enrollment from AMAES/Non-AMAES schools to

44
AMAES
PROCEDURE ON TRANSFER FROM AMAES TO AMAES 45
LEAVE OF ABSENCE 46
Procedure on filing leave of absence 46
RETURNING STUDENT 47
Procedure 48
DISQUALIFIED/DISMISSED STUDENTS 48
REQUEST FOR TRANSFER CREDENTIALS 48
SCHOLARSHIPS 49
INSTITUTIONAL SCHOLARSHIPS 49
Amable R. Aguiliz V Honors Scholarship Award
ACADEMIC SCHOLARSHIPS 50
Academic Excellence (ACAEX) Scholarship Award 52
AMA OED EDUCA
52
EDUCA
GOVERNMENT SCHOLARSHIPS 53
Tertiary Education Subsidy 53
DSWD Educational Assistance 54
CHED-Tulong Dunong Scholarship 54
Private Education Student Financial Assistance 57
CHED Scholarship Program (CHED CSP) 58
SSS Educational Assistance Loan Program 59
GSIS Ginhawa For All – Education Loan (GFAL-EL) 60
OWWA Scholarships Scheme 61
Philippine Veterans Affairs Office (PVAO) 61

PROCEDURE TO AVAIL SCHOLARSHIP 62
Standard Scholarship Application Procedure 62
Scholarship Implementation Procedure 62
Standard Renewal Procedure 63
Processing and Approval of Scholarship
Application or Renewal of Existing 63
Scholarships
GENERAL POLICIES FOR STUDENTS 64
ATTENDANCE 64
GRADING SYSTEM 64
Grading System for Trimestral Mode 65
A. Lecture Class only 65
B. Classes with laboratory 66
Grading System for Semestral Mode 67
A. Lecture Class only 67
B. Classes with laboratory 68
COMPLETION/REMOVAL OF INCOMPLETE (IC) GRADE 69
Procedure for IC Removal/Completion 69
ONSITE
ONLINE
GENERAL POINT AVERAGE 70

GRADE COMPLAINTS 70
Procedure in Filing Grade Complaint(s) 71
ONSITE
ONLINE
ACADEMIC STANDING 71
SCHOLASTIC DELINQUENCY 72
Student Notice 72
Probationary Status 72
Dismissed Status 72
Disqualified Status 73

MAXIMUM RESIDENCY RULE (MRR) 74
EXAMINATION 74
Procedure if the student FAILS to take a
Major Examination 74
Make-up / Special Exams 75

ONSITE
ONLINE
OTHER CURRICULAR REQUIREMENTS 77
NATIONAL SERVICE TRAINING PROGRAM (NSTP) 77
ON-THE-JOB TRAINING / PRACTICUM PROGRAM 78
OJT/Practicum Procedure 78
ONSITE
ONLINE
EVALUATION OF STUDENT PERFORMANCE 79
FIELD TRIP 81
Thesis A/DESPRO 1 Course Requirements and
81
Grading System
Thesis B/DESPRO 2 Course Requirements and
83
Grading System
CAPSTONE PROJECT 85
Capstone Project Course Requirements and
85
Grading System
GRADUATION 87
APPLYING FOR GRADUATION 87
ONSITE
Evaluation 87
Deliberation 87
Announcement 88
ONLINE
AWARDS AND RECOGNITION 89
TRIMESTER/SEMESTER HONORS 89
President’s List 89

Dean’s List 89
GRADUATION AWARDS 90
ACADEMIC HONORS 90
NON-ACADEMIC AWARDS 91
Leadership Award 91
Outstanding Project/Feasibility/Thesis /Design
Project Award 91
Community Service Leadership Award

91
Athletic Award 92
Loyalty Award 92
DISCIPLINE 92
STUDENT ACADEMIC HONESTY 92
Penalties for violation of academic honesty
94
policy
Proceedings 95
STUDENT DISCIPLINARY POLICY 96
Conduct Outside the School 104
JURISDICTION AND VENUE 105
SANCTIONS 105
DUE PROCESS 107
STUDENT ORGANIZATIONS 108
STUDENT SERVICES AND FACILITIES 110
ACADEMIC –INDUSTRY LINKAGES OFFICES 114
RELATED POLICIES 116
RA 10627: ANTI-BULLYING ACT OF 2013 117
RA 9262: ANTI-VIOLENCE AGAINST WOMEN AND
123
THEIR CHILDREN ACT OF 2004

RA 7877: THE ANTI-SEXUAL HARASSMENT ACT OF 146
1995
RA 8049: ANTI-HAZING LAW 150

RA 7610: SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION AND 155
DISCRIMINATION ACT
RA 8504: PHILIPPINE AIDS PREVENTION AND
173
CONTROL ACT OF 1998
RA 7277: MAGNA CARTA FOR DISABLED PERSONS 192

RA 9165: COMPREHENSIVE DANGEROUS DRUGS
218
ACT OF 2002
RA 9418: VOLUNTEER ACT OF 2007 287
RA 9512: NATIONAL ENVIRONMENTAL AWARENESS
295
AND EDUCATION ACT OF 2008
RA 9710: GENDER AND DEVELOPMENT 298
RA 10175: CYBERCRIME PREVENTION ACT OF 2012 335
RA 10173: DATA PRIVACY ACT OF 2012 353
PLEDGE OF LOYALTY 380
AMA HYMN 381
CONFORME 382
AMAES ORGANIZATIONAL CHART 383
AMAES ADMISSION COMMITTEE 384
AMAES PUBLICATION COMMITTEE 385

FOREWORD
This Student Handbook is a useful resource tool that orients you on

the academic and non-academic policies of AMA Education
System. It contains the history, philosophy and objectives of the
institution as well as enumerates the services and academic support
available to you, our students.
We encourage you to familiarize yourselves with the rules and

regulations of the Education System to guide you with your decisions
as well as the corresponding disciplinary actions. Any concerns or
questions not covered in this Handbook may be referred to the
Dean, Registrar or School Director.
We hope you will have a most fruitful stay with us. Welcome to the
AMA Education System!

THE AMA EDUCATION SYSTEM
HISTORY
The AMA education system (AMAES) was built upon the dream of the late
Amable M. Aguiluz Sr. (AMA), Auditor General and National Treasurer during
the term of President Diosdado Macapagal, who envisioned an
educational institution which would serve as a legacy to the youth.
The dream was realized on October 20, 1980 when his son, Dr. Amable R.
Aguiluz V (ARAV), founded the AMA Institute of Computer Studies to
pioneer computer literacy in the country. Originally located at Shaw
Boulevard, the school offered short term courses in EDP Fundamentals, Basic
Programming and Technology Career Courses.
In June 1981, the AMA Computer College (AMACC) was born with the
launching of the four-year degree program, Bachelor of Science in
Computer Science – the first to be offered in the country. The student
population of AMACC started from 13 in 1981 and rose dramatically to 600
in 1983 and to 2000 in 1985. In response to the growing need for computer
education, AMACC established its first campus in Makati in 1983 and its
second campus in Project 8, Quezon City in 1986 catering to more than
3,000 students.
In 1987, the AMA Computer Learning Center (ACLC) was established

offering short courses in computer programming and two-year technical
courses. At present, the number of ACLC branches is continuously growing.
It was also in 1987 when the AMA Basic Education (now known as Saint
Augustine International School) was formed to offer elementary, high school
and eventually pre-school education.
In 1996, AMA spearheaded the establishment of the first

telecommunications school in the Philippines – the AMA
Telecommunications and Electronics Learning Center (AMATEL) which was
later known as AMA International Institute of Technology (AIIT).
In the mid-1990s, when the use of technology in education is just starting to

be prevalent, AMAES introduced in-campus e-Learning (CHED MORPHE

defines this as “…the delivery of a learning, training, education program by
electronic means. It involves the use of computer or electronic”), utilizing
the Novell computer network operating system. By 1998, AMAES took the
lead again by partnering with CISCO, the largest networking company in
the world, to deliver Internet- based skills training on computer networking.
Two years later AMAES further enhanced its e-Learning capability by
forming two invaluable alliances, tapping two of the leading global
providers of e-learning content: Smart force and Intralearn which allowed
the creation of e-classes and enhanced learning via the Internet. In the
same year, the AMA Business Education International (ABE) International
Business College was established to offer courses in Hotel and Restaurant
Management (HRM) as well as Business Administration and other computer
related courses. At present, ABE has several branches nationwide. Also in
1998, seven (7) more AMACC branches were opened in Santa Mesa,
Fairview, Paranaque, Cavite, Batangas, Legazpi and Bacolod.
In 1999, nine (9) additional AMACC campuses were opened in San Juan,
Lipa, Cabanatuan, Dagupan, Santiago, Laoag, Naga, Iloilo, and General
Santos.
In the year 2000, AMAES launched its most ambitious expansion program
opening fourteen (14) AMACC branches in Calamba, Cotabato,
Dumaguete, La Union, Las Piñas, Lucena, Malabon, Malolos, Pampanga,
Tacloban, Tarlac, Tuguegarao, and Zamboanga.
Over the years, more AMACC branches were established, to provide

accessible, affordable and quality education to students nationwide. In the
year 2002, due to the growing demand in other academic fields, AMA
Education System (AMAES) offered maritime education, medicine, nursing,
care giving, and allied health. This gave birth to the Norwegian Maritime
Academy (NMA), the AMA School of Medicine (ASM), and the Saint
Augustine School of Nursing (SASN). The distinct competitive advantage of
these newly-opened schools is that they offer IT-based courses.
On August 20, 2002, in recognition of its academic excellence and integrity,

AMA was granted a University Status by the Commission on Higher
Education (CHED). It was a very fitting recognition for the efforts of the first

ISO-certified computer school in the Philippines. In the same year, founding
Chairman Dr. Amable R. Aguiluz V was installed as the first AMA University
President.
The succeeding years for AMA marked several milestones as it continued to

respond to globalization and continued its efforts to provide world class and
quality education. International branches were inevitably opened in other
parts of the world including California USA, Bahrain, Bangladesh, China,
Hong Kong, Jeddah, Oman and Indonesia.
On 2013, the Washington Accord (WA) through the Accreditation Board of

Engineering and Technologies – Computing Accreditation Commission
(ABET-CAC) accredited the BSCS, BSIT programs for 9 years. Likewise, the
Accreditation Board of Engineering and Technologies - Engineering
Accreditation Commission (ABET-EAC) accredited the BSCpE and BSEcE
programs for 9 years also. This made a way for AMA University as the first
University in the Philippines to receive a recognition from WA and also from
Seoul Accord, thus, recognizing internationally the graduates of AMA
University in the programs BSCS, BSIT, BSCpE and BSEcE starting from 2013 to
2022 having the proper competency skills needed by the industry.
In 2015, another significant milestone of AMA was the launching of AMA

Online Education (AMA OEd), the first full online education program in the
Philippines. It upholds the vision and mission of AMA as it responds to the
cultural shift to a digitized age, opening its doors for anyone from the
Philippines and abroad who are willing to learn and advance their
knowledge. AMA OEd endeavors to stress the importance of educating the
youth, as well as employed individuals seeking degrees, and fostering of
everyone’s potential as a productive portion of today’s competitive
society.
In March 11, 2017, the Computer Science and Information Technology

Programs of AMA University were awarded by Philippine Association of
Colleges and Universities Commission on Accreditation (PACUCOA) the
"Level 1V Accredited Status for the period March 2017- March 2022".
In October 24, 2019, AMA University was granted the Autonomous Status -
the highest award that can be given to a Private Institution by the

Commission on Higher Education (CHED). As an autonomous institution,
AMA University enjoys the following benefits:
1. Exemption from the issuance of Special Order (S.O) for their

graduates.
2. Free from regular monitoring and evaluation by CHED. However, in

cases when there will be complaints filed against the Private Higher
Education Institutions (PHEIs), or there are reported violations by the
Private Higher Education Institutions of existing laws, rules and
regulations, or there are sensational issues/problems raised about the
operation of the Private Higher Education Institutions, the CHED may
conduct verification, monitoring or investigation activities.
3. Priority in the grant of subsidies and other financial

incentives/assistance from the Commission on Higher Education
whenever funds are available.
4. Privilege to determine and prescribe their curricular programs to

achieve global competence. In case of curricular revisions, for record
purposes, the Private Higher Education Institutions should inform the
CHED Central Office at least one semester prior to the start of the
intended academic year the revised curriculum shall be implemented.
The revised curriculum shall be applicable only to the entering students
of the specified academic year.
5. Privilege to offer new course(s)/program(s) in the undergraduate or
graduate level without securing permit/authority from CHED except in
disciplines that are under moratorium. The Private Higher Education
Institutions can offer a maximum of two (2) new courses/programs in a
given academic year and should ensure that the CHED minimum
requirements as embodied in the existing policies, standards and
guidelines (PSGs) for a particular course/program are fully complied
with. The Private Higher Education Institutions should inform the CHED
Central Office of the new course(s)/program(s) at least one semester
prior to the start of the academic year such will be offered. The
institutions should also inform the CHED Regional Office in January, six
months before the start of the new academic year for which the new
program(s)/course(s) will be offered.

6. Privilege to establish branch/es or satellite campus/es without
securing government authority from CHED. The Private Higher
Education Institutions should ensure that the new branch/campus
complies with the CHED minimum requirements with regard to the
establishment of a new higher education institution and the existing
CHED PSGs for the course(s)/program(s) to be offered. The Private
Higher Education Institutions should inform the CHED Central Office at
least one semester prior to the start of the intended academic year that
the new branch/campus shall operate. Privilege to offer extension
classes and distance education course(s)/program(s) to expand
access to higher education, and to establish affiliation with recognized
foreign higher education institutions in pursuit of international standard
of education. The Private Higher Education Institutions should ensure
that the existing CHED PSGs for the offering of extension classes and
distance education programs are fully complied with.
7. The Private Higher Education Institutions should ensure that the

existing CHED PSGs for twinning/networking/linkage programs are fully
complied with. The Private Higher Education Institutions should inform
the CHED Central Office at least one semester prior to the start of
intended academic year such will be offered or established.
8. Authority to grant Honoris Causa to those deserving, per pertinent

provisions of existing CHED issuance on conferment of honorary
degrees.
Today, AMAES boasts of more than 200 company-owned and franchise

branches located all over the Philippines and in other parts of the world. It
has probably pronounced more than 150,000 professionals who are
gainfully employed locally and overseas.

AMA EDUCATION SYSTEM TIMELINE

THE AMA EDUCATION SYSTEM (AMAES) SCHOOLS
The AMA Education System (AMAES) is the umbrella organization of all AMA
academic institutions. It offers diverse areas of academic programs under
different brands-each with their own specialization and strengths.
1. AMA University and Colleges
AMA University and Colleges offer computer-based degree

programs with different undergraduate courses, master’s and
doctorate degree in Business Administration, Education, and
Computing in select campuses. It has global affiliations and
strategic partnerships with world leaders in Information and
Communications Technology (ICT) industry such as Microsoft which
serves as one of its premier technology partners that makes
graduates of AMAES and AMACC assured of their employment
both locally and internationally.
2. AMA Computer Learning Center
AMA Computer Learning Center (ACLC) offers comprehensive ICT

curricula with two-year diploma courses that are globally
recognized. ACLC offers an extensive and wide range
competency-based programs that are accredited and recognized
by the Technical Education and Skills Development Authority
(TESDA). Graduates are assured of getting a high paying job after
two years of education.

3. AMA Business Education International
AMA Business Education International (ABE) is the first in the

Philippines to provide internationally accredited curricula in
business and accountancy. The business courses focus on
business and the new technologies to make the students’
learning more relevant to the new global economy. ABE is
recognized by the Association Business Executives of the United
Kingdom. It offers local and international diploma which is also
supported by AMA’s world-class facilities and proven experience
in computer technology.
4. St. Augustine School of Nursing (SASN)
St. Augustine School of Nursing is a popular choice for Caregiving,

Practical Nursing and Medical Transcription course in the Philippines.
Committed to making students learn in a caring environment.
Reaching out to the communities it serves via medical missions and
various outreach care programs. The very same type of Pinoy Care
that St. Augustine graduates are sharing here and abroad.
5. ACLC College
ACLC College is a member of the AMA Education System and is one

of the leading computer schools in the country. With a
curriculum that is based on the requirements of the actual industry,
ACLC College aims to produce highly competent graduates,

especially in the field of IT and other fields that require knowledge in
today's technology.
6. Southern Luzon College
Southern Luzon College (SLC) is a private educational institution in

Dasmariñas, Cavite. It is a member of the the AMA Education System,
the same system that brought AMA Colleges, St. Augustine School of
Nursing and ABE International Business College in the country.
SLC offers a complete basic education program from kindergarten

to senior high school. Currently, it provides Academic and Technical-
Vocational-Livelihood (TVL) to senior high school students part of the
institution.
In addition to a DepEd-recognized basic education program,

Southern Luzon College also offers undergraduate courses in Marine
Transportation and Hotel and Restaurant Management. Also
available are short maritime-related courses for aspiring seafarers.
7. Sta. Veronica College
Sta. Veronica College (SVC) is one of the well-known academic

institutions in Bacnotan, La Union and the newest member of the
AMA Education System.

8. DELTA AIR International Aviation Academy
The newest member of the AMA Education System the NEW DELTA
AIR AVIATION ACADEMY is flying higher! For the chairman
of AMAES, Dr. Amable R. Aguiluz this was the fulfillment of a long
cherished dream. He envisions his newest venture to raise and set the
bar in the aviation industry, blending state-of-the-art technology with
the highest standards of safety and quality in all its flight training and
operations. In short time that AMAES has taken over DAIAA, it has put
in place improvements in the company’s facilities, systems and
procedures. This is the line with its thrust to produce only world-class
and globally competitive pilots
9. AMA Basic Education
AMA Basic Education (formerly St. Augustine International School)

is a member school of AMA Education System that offers Math and
Science oriented education using the world-acclaimed Great
Explorations in Math and Science (GEMS) teaching method made
famous by the UC Berkeley Lawrence Hall of Science. AMA Basic
Education is geared for the K+12 Enhanced Basic Education
Program of the Department of Education and maintains the
advantage of an IT based instructional program balanced by
competent and passionate teachers.

PHILOSOPHY AND MISSION STATEMENT
Education is a lifelong development of human elements within the context of

socio-cultural environment in which he lives and operates.
Learner is an individual capable of full acquisitions of self-actualization and

productivity through encounters and exposures to various learning
conditions.
Teacher is a catalyst who initiates and provides learning process adapted

to individual differences of the learners, utilizes effective and modern
learning techniques with the ultimate goal of maximizing the learner’s
potential growth process.
SPECIFIC AIMS
1. To provide students with necessary knowledge, skills and attitudes

through a competency-based curricula necessary for them to be
gainfully employed in both local and international companies and
organizations.
2. To provide the students with the relevant trainings and tools that will
develop and enhance their potentials and skills that match the
needs and demands of the industry.
3. To develop in them critical thinking skills and enable them to make
informed decisions.
4. To instill in them the values of self-respect, honesty, obedience,
compassion, punctuality, social responsibility, self-reliance and self-
discipline to be effective professionals and leaders.
5. To mold them to become responsible and productive citizens; who
are socially responsible and capable of making positive
contribution to the country’s development.

Vision:
To be the leader and dominant provider of relevant globally

recognized information technology-based education and related
services in the global market, helping its graduates to live happy,
fulfilled professional and personal lives.
Mission:
Provide holistic, relevant, quality and globally recognized IT-based

education in all levels and disciplines. We Aim to produce world-
class professionals and leaders responsive to the need of technology
International Community: cognizant of the welfare and benefits of
others while realizing their potential as productive of society for the
honor and glory of God Almighty.

ADMISSION POLICIES
Admission to AMA Education System is open to all qualified applicants. This

is determined by the applicant’s readiness, preparedness, and ability to
contribute towards the enrichment of the academic community and
potential to be of service not only to the Filipino people but also the global
community.
ADMISSION PROCEDURE
A. ONSITE
1. Proceed to the Admission Office for the assessment of credentials and
accomplish the Application Form.
2. Pay the non-refundable Admissions Entrance Exam Fee of Php100.00 at
the Admission Office. The fee is applicable only to walk-in-student
applicants. Graduates from the feeder-schools of AMAES and schools
covered during the Outreach Campaign are exempted from paying the
entrance exam fee. Transferees from AMAES member schools are likewise
exempted from paying the entrance exam fee.
3. Take the Entrance Examination (for “Freshman”) or Qualifying Exam (for
“Transferee”) on the scheduled date of exam. Transferees from AMAES
member schools are not required to take the Qualifying Examination.
4. After passing the entrance/qualifying examination, submit all required
documents to the Admission Officer.
B. ONLINE
Go to https://discipulus.amasystem.net
If no account made yet, click SELF ADMISSION PORTAL to register an
account
Creation of Account and Admission

1. Fill up all credentials. Once done, click the Register button.
2. Once done for register account. Enter the Email/USN and password
then click Log In button
3. Upon first time Log In, you will fill up registration forms to complete
your application and proceed.

ADMISSION REQUIREMENTS
Incoming Freshman
An incoming freshman who wishes to apply must submit the following

requirements to the Admissions officer:
1. Completely filled out application form

2. Form 138 OR F137-A High School Report Card from DepEd accredited
schools. In the absence of Form 138, the student should submit a
certification that the Form 137 has not been sent to any school or College
for admission.
3. Certificate of Good Moral Character from High School attended
4. Two pcs. (2x2) and Two pcs. (1x1) recent photographs (colored)
5. Photocopy of birth certificate or legal adoption papers (original copy must
be presented for verification)
6. One (1) long brown envelope
7. Health Declaration Form
Foreign Student Applicants
A foreign student who wishes to enroll must submit the following requirements
to the Admissions officer:

2. Photocopy of Student Visa (original must be presented for verification)
3. Letter of consent approved by CHED
4. Five copies of revised original personal History Statement (PHS) duly
accomplished and signed by the applicant in English and in national
alphabet, accompanied by personal seal, if any, original left and right
hand prints on PHS and original photos.
5. A notarized affidavit of support and proof of adequate financial support
to cover student’s accommodation and subsistence, school dues and

other incidental expenses. For scholars, certificate of scholarship from the
institution concerned.
6. Photocopy of passport pages where name, photo, birth date and
birthplace appear.
7. Photocopy of birth certificate or legal adoption papers (original must be
presented for verification)
8. Two copies of (1x1) picture (items 1-4 are needed for Student Visa
Application)
9. Admission letter indicating that the applicant took and passed the AMA
entrance examination.
Note: Original copies of photocopied documents should be presented for

verification of their authenticity.
Transferees/New Students:
A student transferring from another institution must submit the following

requirements to the Admissions officer:
1. Completely filled up application form

2. Transcript of Records (TOR) or Certified True Copy of Grades (TCG) (from
school previously attended)
3. Course description for all completed courses for which transfer credit is
sought (authenticated by Registrar from originating school)
4. Honorable Dismissal from the school previously attended
5. Certificate of Good Moral Character from previous school
6. Photocopy of birth certificate or legal adoption papers (original copy must
be presented for verification)
7. Two pcs (2x2) and Two pcs (1x1) recent photographs (colored)
9. Admission letter indicating that the applicant took and passed the AMA
entrance examination (Result of the Entrance Examination)
Second Degree Program:
1. Transcript of Records (TOR)

3. Form 138 OR F137-A High School Report Card from DepEd accredited
schools. In the absence of Form 138, the student should submit a
certification that the Form 137 has not been sent to any school or College
for admission.
4. Certificate of Good Moral Character from High School attended
5. Two pcs. (2x2) and Two pcs. (1x1) recent photographs (colored)
6. Photocopy of birth certificate or legal adoption papers (original copy
must be presented for verification)
Residency Requirements for Transfer Students
Transfer students are required to complete at least 50% of the program

credit requirement in residence at AMACU/AMACC. Maximum of 50% of
the program course requirements can be applied for credit transfer.
Transferees from AMAES member schools
A student transferring from an AMAES member school maybe admitted to

AMACU/AMACC provided the following requirements are submitted to the
Admissions officer:
1. Certified True Copy of Grades

2. Letter of Intent to transfer
3. Honorable Dismissal from originating AMAES school
4. Certificate of Good Moral Character
5. Two (2) pcs 2x2 and Two (2) pcs 1x1 recent photographs (colored)
6. Photocopy of birth certificate or legal adoption papers (original must be
presented for verification)

NOTE:
Transferees from AMAES member schools are not required to take the
entrance examination. All equivalent courses/modules of instruction taken
from originating AMAES member school can be credited. Transferees from
other AMAES member school however, must follow the curriculum currently
being implemented to which they are seeking transfer.
Credit Transfer Application
Transfer students may be awarded credit for courses taken from the
originating university/college/TVET school for general education
courses/common and basic competencies or preparatory courses/core
competencies provided the completed description/module of instruction
requested for credit have equivalent course description/course outcomes
and credit units (lecture and lab) / nominal duration (not lower by 5% of the
total required number of hrs. in lec/lab subjects) and a minimum grade of
3.0.
1. The student should submit an accomplished transfer credit form to the

Office of the Registrar together with the official transcript of records and
course description of courses applied for credit transfer.
2. The request is reviewed/approved by the SD/Dean/Educ. Coordinator.
3. The approved request is submitted to the Office of the Registrar for
recording of credited courses.
4. The student will be provided with the Certificate of Registration
(COR) form showing all the courses that should be taken during the term.
REQUIREMENTS
1. Transcript of Record ( TOR)or Certified True Copy of Grades ( TCG) from
school previously attended)
2. FORM 138
3. FORM 137
4. Certificate of Grades ( for AMAES)
5. Course description for all completed courses for which transfer credit is
sought (authenticated by Registrar from originating school)
Note:

**Valid Document indicate the Name School, Name of the Student
The following are INVALID DOCUMENTS:

1. Handwritten grades & documents
2. Curriculum Checklist
3. Corrupted files (pixelated photo)
4. Certificate of Registration ( COR)
5. Screenshot of grades from previous school ( from previous portal)
Application Procedures
A. ONSITE
1. Proceed to the Admissions Office for inquiries and secure a copy of the
Application Form.
2. Pay the non-refundable Admissions Entrance Exam Fee of Php100.00 at
the Admissions Office. The fee is applicable only to walk-in student
applicants. Graduates from the feeder-schools of AMAES and schools
covered during the Outreach Campaign are exempted from paying the
entrance exam fee. Transferees from AMAES member schools are likewise
exempted from paying the entrance exam fee of 100 pesos.
3. Completely fill out the application form and submit this to the Admissions
Officer.
4. Take the entrance examination on the scheduled date of exam.
Transferees from AMAES member’s schools are not required to take
entrance examination.
5. Submit all required documents to the Admissions Officer.
6. Get admission results from the Admissions officer and proceed to
enlistment.
B. ONLINE
1. Log in to your discipulus account.
2. Click Menu
3. Proceed to Request
4. Press the button for Request for Crediting Subject

Incomplete requirements
An applicant who fails to submit all required documents (e.g. photocopy

of birth certificate, certificate of good moral character, etc.) for admission
but passed the entrance examination may be admitted with pending
status. The applicant and/or the parent/guardian must sign an
“undertaking/promissory note” to submit lacking documents within three
(3) months from the date of admission. A student who fails to submit within
three months will not be given clearance for the term.
However, in cases where the lacking documents are specifically the

admission credentials, i.e. Form 138, F137-A, Transcript of Records or
Certificate of Transfer from last school attended, the applicant is required
to submit a Certificate issued by the CHED Chairman at the beginning of
the school term. Otherwise, the applicant will not be considered as officially
enrolled.
ENROLLMENT PROCEDURES
A. ONSITE
For Freshman
1. Secure an Admissions Slip from the Admissions Office.

2. Proceed to the Dean/Educ. Coordinator’s Office for enlistment.
3. Proceed to the Registrar’s Office for review of enlisted courses and
verification of credentials.
4. Proceed to the Admission’s Office for final encoding of courses.
5. Proceed to the Accounting Office for assessment of fees.
6. Pay the assessed fees at the Cashier’s Office and a Certificate of
Registration (COR) shall be issued.
For Transferees
1. Secure the following from Admission Office:

a. Admission Slip
b. Credit Transfer Form

c. Transcript of Records for Evaluation
2. Proceed to the Dean/Educ. Coordinator’s Office for
assessment/preparation of credit transfer and enlistment which include:
a. Crediting of subjects and encoding
b. Advisement report
3. Proceed to the Registrar’s Office for review of enlisted courses and
verification of credentials.
4. Proceed to the Dean/Educ. Coordinator’s Office for final encoding of
courses
5. Proceed to the Accounting Office for assessment of fees.
For Old Students
1. Check the schedule of enrollment for old students.

2. Proceed to the Enlistment area for advisement and enlist the courses that
have been advised to enroll in.
4. Proceed to the Accounting Section for assessment.
5. Pay the assessed fees at the designated transaction windows at the
Accounting Office.
Note:
1. You can also view your grades online and do online enlistment.
2. If you are a returning student, secure first a Clearance Form from the
Registrar’s Office prior to enlisting.
B. ONLINE
1. Fill out Admission Adviser.
- Select the Campus, Education Level, Course, Term, Year
Level and School Year
- Basic Personal Information about yourself (*) means required
- To fill up more family member, click the Add Family Member
button
- If you have 2 or more address click the Add Address button.
- Set of all education that you have achieved. To add school,
click the Add School button

- And lastly, the credentials. Click Choose File button to upload
the forms. To recheck the other forms, click the Previous button
to go back. If all are set, click the Submit button and it will direct
you to homepage.
2. Online Assessment
- Click the Menu on the top-left side of homepage. Select the
Enrollment section and click Online Assessment selection
- Select the SYTERM then click Proceed button
- Fill up the Coordinator ID then select the subjects to take. To
select to subjects, click the View button under the Schedules
column.
For demonstration of Enrollment Process, click the How to Enroll

button and play the video
- Select the section you wish and click the checkbox under
Select column, then click Confirm.
- Once done selecting the subjects, scroll below and click
Continue to proceed to payment plan.
- Next is to choose the Payment Plan, you can check the
breakdown of payments of each plan. Click the button to
select the plan. Once selected scroll down to check the
Summary of fees and click Confirm button.
- Once confirmed, it will generate your Assessment Form, you can
check the basis details and the list of subjects that you selected
- To download the form, click the Save as PDF link on the top left
side of page
- To Print your COR, make sure you already paid
reservation/enrollment fee, then click Print COR to finalize your
enrollment
- Assessment/Enrollment process is done after printing COR.
Contact your coordinator if there’s an incorrect information in
your Printed COR.
ADVANCED ENROLLMENT
Advance enrollment is allowed subject to the following:

• Academic Calendar set
• Availability of Schedules
• Compliance of Requisite rules

LATE ENROLLMENT
Late enrollment is allowed only within the specified time for extension of
enrollment.
1. Secure approval from the Dean/Educ. Coordinator and enlist the courses
as advised.
2. Proceed to the Registrar’s Office for review of enlisted courses.
3. Proceed to the Admissions Office for final encoding of courses.
4. Proceed to the Accounting Office for assessment fees.
WITHDRAWAL OF ENROLLMENT
Withdrawal of enrolment from the college/university is allowed until the day

before the final examinations with appropriate charges. Charges will be
based on the date of filing of the withdrawal form at the Accounting Office
regardless if the student attended classes or not.
1. Students who enrolled and withdrew their enrollment before the start of
classes maybe allowed to retrieve their enrollment credentials.
2. Students who have started attending classes may not be able to retrieve
their enrollment credentials and will obtain a grade of:
IC (Incomplete) – mark given to students who fail to take the Final

Examination or fail to submit course requirement(s) such as hardbound
thesis/capstone courses, OJT completion certificates, or other terminal
report required by the courses.
D (Dropped) – grade given to students who officially drop before the

midterm period.
W (Withdrawn) – grade given to students who officially withdraw from the

college.

3. Students would not be entitled for any refund and oblige to pay the whole
amount due based on policy and procedure.
For students who paid in full
Date of Filing Refund
Before the start of 100% refund of TOTAL FEES

classes (Tuition and Miscellaneous fees)
Within the first week of 90% refund of TOTAL FEES

classes (Tuition and Miscellaneous fees)
Within the second 80% refund of TOTAL FEES

week of classes (Tuition and Miscellaneous fees)
After the second week

NO REFUND
of classes
Note: Registration Fee, Other Fees and Application Fees are

nonrefundable
For students who paid in partial
Date of Filing Refund
Total Amount Paid less

Before the start of classes (Registration Fee + Other Fees + Application
Fees)

Within the 1st week of
(Registration Fee + Other Fees + Application
classes
Fees + 10% of Tuition & Miscellaneous Fees)

Within the 2nd week of
(Registration Fee + Other Fees + Application
classes
Fees + 20% of Tuition & Miscellaneous Fees)
After the 2nd week of

No refund with appropriate charges
classes
Note: Registration fee, Other fees, and Application fees are

nonrefundable
For students with 1000 Pesos Partial Payment
• Students who paid 1000 pesos shall not be given any refund.
• Students will have to pay the remaining balance for the application,
registration, other fees and appropriate percentage of tuition and
miscellaneous fees depending on the date of withdrawal from the
college.
Date of Filing Refund Charges
Before the start of Registration Fee + Other Fees +

NO refund
classes Application Fees -1000
Registration Fee + Other Fees +

Within the 1st week
NO refund Application Fees + 10% of Tuition
of classes
& Miscellaneous Fees - 1000

Within the 2nd
week of classes

After the 2nd week
of classes
CASH DISCOUNT
The student who pays in cash is entitled to 1% discount on the tuition fees.
PROMISSORY NOTES UPON ENROLMENT
As an exception, students may avail of the Promissory Notes (PNs) only under
the following conditions:
• A student with no outstanding balance from previous term may be

allowed to pay a minimum of 50% of the required down payment
of the current term in cash and execute a promissory note (PN) on
the balance payable on or before the first day of the preliminary
examinations (prelims).
• A student with a previous balance on a prior term must pay his
outstanding balance in full and 50% of the required down payment
of the current term in cash and execute a PN on the balance of
the required down payment of the current term provide such PN is
paid on or before the 1st day of the prelims.
• In cases where a student has an outstanding balance before the
final examinations, the student shall be allowed to take the final
examinations. However, the final grades of the student concerned,
after being duly recorded and submitted to the
Registrar, shall be withheld or the student’s re-enrolment is refused.
The number of Promissory Notes allowed shall be limited to twenty percent

(20%) of the previous term’s population less allowance for attrition of twenty
percent for all brands.

REGISTRATION/ENROLMENT FOR RESIDENCE
Students who have completed their coursework requirements and need

only to complete their Thesis or remove their IC or IP marks in a given course
are required to register for residence.
Students who are not enrolled in any course but want to complete an IC/IP
mark must also register for residence. Students will not be allowed to
complete/remove their IC/IP mark unless they are enrolled for residence.
Upon successful removal/completion of the IC/IP mark, the final grade will
be recorded in the transcript under the term of the residency that the
student completed/removed the IC/IP mark and not on the original date
in which the course was first enrolled in.
APPLICATION FOR ID CARD, ID VALIDATION
A. ONSITE APPLICATION
All students must secure identification cards from the Registrar’s Office.
Students must present their Identification Cards when entering the school
premises and should be properly worn at all times. The student ID serves as
a basis for identifying the student when he transacts business with
AMACC/AMACU. In case of lost ID card, a student should submit an
affidavit of loss to the Registrar’s Office. The student pays the appropriate
fee at the Accounting Office and presents the receipt to the Registrar’s
Office with a 1” x 1” picture (white background) for replacement of the lost
ID.
B. ONLINE APPLICATION
1. Check your ID and monitor the status of the process from time to
time.
2. After viewing and checking the contents or information of your ID
click the CONFIRM ORDER button to ready for printing.
Note: There are some requirements to be able to confirm ordering
your ID

- You are not enrolled in this current term = To enroll, go to
Discipulus Menu > Enrollment > Online Assessment.
- Please check your Family Relation = Update your family relation.
- You have not uploaded your id picture yet = Upload your copy
of ID in 2x2 in Discipulus Menu > My Profile > Uploads.
- You have not uploaded your e-signature yet = Upload your e-
signature in Discipulus Menu > My Profile > Uploads.
- Please check your Address = Complete your address in Discipulus
Menu > My Profile > Address
- You need to login in LMS(3) = You have to access and login to
your LMS IN 3 TIMES, go to Discipulus Menu > LMS Login.
3. Once confirmed, the status will appear at dashboard. Under ID
Status column, you will see the CONFIRMED ORDER. It means the ID
is ready for printing
- To check the status, under Action Tab, click the History button
- You can monitor the process of your ID from time to time
4. If you want to cancel the order status, click the UPDATE button
under the Action Tab, and click Confirm Status. Doing this will
repeat the process from confirming update of ID.
5. Once your ID is printed, you can check ID STATUS column in
Dashboard. You will see that it changed to PRINTED.
- In this status, you’re not able to Cancel Order Status anymore.
6. Once your ID is delivered, you can check ID Status column in
Dashboard. You will see that it changed to DELIVERED, and a
notification will appear at the upper right side of
7. To confirm the status if you already received the ID. Click the Update
button under Action column, and click Confirm Status
8. Once CONFIRMED, a REQUEST FOR REPLACEMENT button in
Dashboard will appear. This is in case of ID loss or further correction.

ACADEMIC POLICIES
ACADEMIC LOAD
Students should follow the curricular program structure they are enrolled in.
Hence, regular academic load will be based on the number of units/hours
reflected in the curricular program structure.
Regular Academic Load
The regular academic load for a particular semester/trimester refers to the

total units reflected in the approved curriculum.
SEMESTER TRIMESTER
Non- Non-
Academic Total Academic Total
Academic Academic
Load Load Load Load
Load Load
Full-time Maximum
Students Load 24 Units 6 Units 30 Units 22 Units 6 Units 28 Units
Minimum
Load 12 Units 6 Units 18 Units 10 Units 6 Units 16 Units
Part-time Maximum
Students Load 9 Units 6 units 15 Units 7 Units 6 Units 13 Units
Minimum
1 Unit 0 1 Unit 1 Unit 0 1 Unit
Load

The maximum load is implemented to specific terms with non-academic
course offering (e.g 1st year 1st Tri, 1st year, 2nd Tri, etc.) and in cases involving
graduating students.
Overload
Only graduating students are allowed to have overload units but not to
exceed 6 units and shall strictly comply with the policy on pre-requisites. A
student must seek approval of the College Dean before he/she can be
allowed to enroll the overload courses.
COURSE PREREQUISITE
Courses approved as prerequisites to other courses may not be waived

except in meritorious cases. This means that students who have enrolled
and fully attended a course that is a prerequisite to another may be allowed
to enroll and attend the latter course for credit, without having passed or
earned credit/s for the pre-requisite course.
No permission will be granted without a written request from the student

and a certification from the instructor of the prerequisite course that the
student had fully attended the said course. The Dean of each college will
be authorized to grant the permission based on the merits of the letter of
request.
Hence, a student who is granted permission is required to take up the

prerequisite course simultaneously with the course to which the former is a
prerequisite or immediately on the term if the prerequisite course is not
offered.
Courses approved as prerequisites to other courses may be taken

simultaneously with the latter course if the student is graduating and needs
only the latter course to complete the requirements for graduation.

COURSE CREDITING FOR TRANSFER STUDENTS
Within AMAES
All equivalent courses will be credited within AMAES member schools.

Equivalent courses refer to those with the same course description and
course credit both lecture and laboratory credits.
From other schools

• Relevant GE courses are credited provided the courses have the
same course description and course credits (lecture and laboratory
credits)
• Other preparatory courses can be credited provided these courses
have corresponding equivalent in the AMA program.
• All major courses must be validated. A student must pay the
appropriate validating fee. Should the taker pass the validating
exam, the course will be credited. If, however, the taker fails the
validating exam, then the course must be enrolled.
• All requests for crediting beyond this guideline must be recommended
for approval by the College Dean, School Director and conferred by
the Head of Academic Affairs and Head of Operations.
SECOND DEGREE PROGRAM
Students who are degree holders, granted with Special Orders by the
CHED, and who are enrolling in a second degree program will be given
credit in all equivalent GE courses, preparatory courses and major courses.
Graduates of AMAES who wish to take a second degree program will be

given credit to all GE, preparatory, major courses and elective courses
taken in the first-degree program that have equivalent courses in the
second-degree program applied for.
Thesis, Design Project and Practicum/OJT will not be given credit for the
second-degree program. Thus, the student will be required to enroll and
complete all requirements pertaining to the Design Project and
Practicum/OJT requirement of the second program. Thesis, Design Project
and Practicum/OJT Guidelines will be implemented. These topics related or

extension of the student’s previously completed Thesis or Design Project in
the first degree will be allowed.
AMAES student who wish to earn a second degree program can prepare
for its completion, by taking elective courses that are required in the second
degree program.
SUBSTITUTION OF COURSES
Substitution of courses may be allowed only in the following cases:

• When a student is pursuing a curriculum that has been superseded by
a new curriculum and the substitution tends to bring the curriculum in
line with the new.
• When there is conflict of hours between a required course and another
course, or
• When the required course is not offered and non-enrolment of which
would result to undue delay in the completion of the program.
Prescribed elective courses can be substituted with the equivalent courses

provided that the student applied for the said substitution.
Every petition for substitution must:
• Involve courses within the same department, if possible. If not, the two
courses concerned must be allied to each other.
• Be between courses having the same number of units, and Be
recommended by the Head of the Department concerned.
No substitution shall be allowed for any course in which the student has failed
or received a grade of “5.00”.
All petitions for substitution must be submitted to the Office of Dean only
after the second week after the formal start of classes. Any petition
submitted thereafter shall be considered for the following term. Only after
the School Director approved the substitution can the student enroll the
substitute course.

ADDING / DROPPING OF COURSES
A. ONSITE
A student who wishes to change/ add/ drop course(s) should accomplish
a dropping/ adding form which is available at the Registrar’s office
provided however, that such change will not conflict with his other
schedules and result to overload in units.
Accomplished form should be filed at the Accounting Office not later than
the last day of adding/dropping schedule for possible refund or additional
payment depending on the course(s) dropped/added.
Dropping of Course
A student is allowed to drop from enrolled course(s) until before the midterm
examination without academic penalty. A grade of D (officially dropped)
will be recorded on the transcript for the course(s) from which the student
has dropped. The grade D will not be included in the computation of the
student’s GPA.
A student is not allowed to drop from enrolled course(s) after the midterm
examination.
A student who incurred absences for more than 20% of the required total
number of laboratory or lecture hours shall be given a grade of UD
(unofficially dropped) for the courses where the absences were incurred.
If absences were recorded before the midterm exam and the student did
not drop the courses officially, a grade of UD is given. If absences were
recorded after the midterm period, a grade of UD or 5.00 will be given
depending on the academic standing of the student. If the academic
standing is passing, a grade of UD will be given; if the academic standing is
failing, a grade of 5.00 is given.
However, if a student with a condition (e.g., operation, hospital stay, serious

illness, etc.) dropped from a course after the midterm examination, he must
submit a petition to the Office of the Registrar with the appropriate original

medical documents. The Office of the Registrar will verify the claims and
approve the change of status from a UD to D or from 5.00 to D.
For Online classes UD is equivalent to auto-dropped.
B. ONLINE
- Adding of Courses
1. Go to https://discipulus.amasystem.net
2. Log in to your discipulus account
3. In your dashboard select Subject. List of subjects that can be
added will appear and the Remaining Units to take
4. To select section, click the View button. Select the Section and click
the Confirm button.
5. Select the Subject with Schedule then click Continue.
6. Click Yes to save changes, then OK.
7. You can check the status of your requests in Dashboard
- Dropping of Courses
1. Go to https://discipulus.amasystem.net
2. Log in to your discipulus account
3. In your dashboard select the subject to be dropped then click
Proceed button.
4. Click Save to Proceed for request.
5. You can check the status of your requests in Dashboard.
SHIFTING TO ANOTHER PROGRAM
Shifting or transferring to another program is allowed. All equivalent

courses/modules of instruction will be credited towards the new program.
The student shall be furnished by the Registrar’s Office with a copy of the
credited courses under the new program.
To shift to another program, the student must accomplish an application

form for this purpose duly approved by the Dean of the accepting college
and recommended by the Dean of the originating college.

A student who cannot meet the academic requirements of one program
may be advised by the Dean to shift to another program within the same
college or to a program in a different college. If the student cannot meet
the academic requirements of the new program, he/she will be subjected
to the scholastic delinquency policy.
CROSS ENROLLMENT
Cross-enrollment from AMAES to AMAES/Non-AMAES Schools

The following rules must be observed:
1. Students are not allowed to cross-enroll if the course is
offered in the “mother school”
2. Non-graduating students are not allowed to cross-enroll 3.
Non-credit courses are not allowed for cross-enrollment.
4. Major courses are not allowed for cross-enrollment
5. Students maybe allowed to cross-enroll in any of the AMAES Schools
depending on the need for completion of the subjects if the student is
“graduating” on the said term.
Procedure
A. ONSITE
1. Get the form at the Registrar’s Office
2. Accomplish the cross-enrollment form
3. The courses for cross-enrollment should bear the same course code
description/scope of student and same number of units.
4. Class Number in the Oracle should be indicated.
5. Proceed to the Enrollment Adviser.
6. Proceed to the Dean/Educ. Coordinator for final endorsement to the
Registrar.
7. Proceed to the Registrar for final approval and pay the fees at the
Cashier’s Office.
8. Secure the Cross-enrollment permit from the Registrar’s Office.
B. ONLINE PROCEDURE TO CROSS-ENROLL in AMA OEd

1. Go to oedportal.amauonline.com and SIGN UP.

2. Provide your primary and valid MOBILE NUMBER to receive an OTP (One-
Time Pin) and EMAIL ADDRESS for the Verification Process.
3. Provide your primary and valid MOBILE NUMBER to receive an OTP
(One-time Pin) and EMAIL ADDRESS for the Verification Process.
4. For the CATEGORY, choose the following according to your program:
Cross Enroll – Undergraduate – For Bachelors/College students. For

Bridging Program Subjects.
5. Then click SIGN UP (please disregard the Program section). You will
receive an email verification and temporary password. Then, log in
now your account.
6. Upload your CROSS ENROLL FORM/PERMIT from your home school or the
signed ENDORSEMENT WAIVER you received via email from cross enroll
then click CONTINUE
7. Click ADD NEW CATEGORY and choose CROSS ENROLLMENT.
8. You can now choose your needed COURSE/SUBJECTS.
 Note: There are no any discounts and vouchers applicable for
the Cross-Enroll program.
9. For faster choosing of course/subject, press “Crtl+F” on your
keyboard then type the title of the course/subject you are looking.
10. After choosing, you will see your assessment. Then Click SUBMIT.
 Note: There will be an added fee on your total assessment.
11. Notify your admission adviser and wait for the evaluation and
approval of your cross enroll application.
12. You can choose your MODE OF PAYMENT, then click PAY.
13. A payment instruction or reference code will appear on the payment
gateway you chose.
 Note: Make sure you are already coordinated to cross enroll via
email at Activation of subjects will be 24-48 hours upon setting
your payment
Cross-enrollment from AMAES/Non-AMAES schools to AMAES

1. Submit the cross-enrollment permit to the Admissions Officer of the
admitting school. The cross-enrollment form must be signed by the
Registrar and with the school deal.

2. Proceed to the Dean/Educ. Coordinator’s Office for confirmation of the
availability of the courses following the criteria below:
1. Same course code
2. Same description and scope of study
3. Same number of units
3. Proceed to the Registrar’s Office of the admitting school for approval.
4. Proceed to the Admissions Office for enrollment.
After completion of cross-enrollment

1. Transcript of records/Certificate of grades shall be released at the
Registrar’s Office of the admitting school and to be submitted to the
mother school.
2. Grades incurred is not included in the computation of the Grade Point
Average (GPA)
3. Release of grades or transcript of records can be school-to-school basis or
entrusted to the bearer if the school allows the student to hand carry.
PROCEDURE ON TRANSFER FROM AMAES TO AMAES
Note: This procedure applies to students who are transferring from an

AMAES school to another AMAES School. This will cover cross-brand
transfers.
1. The student should be proceed to the Admissions Office for screening of

credentials.
2. The student must submit transfer credentials to enroll to the College
Dean/Educ. Coordinator indicating the courses to be enrolled and the
application form. Application must be recommended by the College
Dean/Educ. Coordinator and approved by School Director. No student
will be allowed to enroll to other AMAES branch/campus without the
approval of the Dean/Educ. Coordinator and the School Director of the
“home” Campus/branch.
3. The student should submit the following to the admitting branch:
- Transcript of records from the previous branch for evaluation.
- Subject description of the subjects taken from the previous
branch.

- Honorable Dismissal.
- Clearance of Accounts.
4. Proceed to the Registrar for final approval of the evaluation and
enlistment of subjects. The student will be advised that the units taken from
other branch is not included in the computation of GPA.
5. Proceed to the Accounting Division for assessment of fees and pay at the
Cashier’s office.
6. Upon payment of the fee, the student should accomplish a “Transfer
Credit Form” approved by the Dean/Educ. Coordinator.
7. Transfer credit form should contain the course(s) for “credit” as reflected
in student curriculum as well as it corresponding course/subject equivalent
in the “host” branch.
8. The student should secure an official enrollment form or Certificate of
Registration from the Accounting, which shall then be presented to the
faculty concerned.
9. Faculty will then affix his/her signature to attest that the student has been
officially accepted in the class.
10. During examination period, student must secure all test permits before
taking the term examination.
LEAVE OF ABSENCE
A student is allowed to file a leave of absence (LOA) from the school until
the last day of enrolment. Leave of absence will be reflected in the official
transcript of records of the student. A student who did not register and
failed to submit approved leave of absence form will be included in the
absence without leave (AWOL) list. A student on leave of absence may not
participate in co-curricular or extra-curricular activities while on leave from
the school.
Procedure on filing leave of absence
1. Obtain leave of absence form at the Registrar’s Office

2. Accomplish the leave of absence form.
3. Present the accomplished leave of absence form to the Accounting
office and pay the applicable fee.
4. Submit the completely accomplished leave of absence form to the
Registrar for updating of records.

RETURNING STUDENT
Returning students are those who are returning after not enrolling for more
than two (2) terms. Students who are classified under this may be affected
by changes in the curriculum and other revalidation procedures.
1. A student who is on LOA or on AWOL for more than (1)

trimester/semester must seek re-admission approval from the College
Dean/Educ. Coordinator. A copy of the approved re-admission form
must be submitted to the Registrar’s Office to re-activate the records
of the student.
2. A student who has been dismissed for academic deficiencies or
suspended for disciplinary reasons for one or more trimesters/semesters
must submit an application for re-admission and a letter of appeal to
the College Dean/Educ. Coordinator. The application for re-admission
must be recommended.
A student who stopped for more than five (5) years and with only 10% or
less of course deficiencies (e.g. 15-21 units remaining to complete the
program) shall be allowed to use their old curriculum or the curriculum of
which they started with.
The student must complete the program and graduate within one (1) year.
Otherwise, an additional penalty of one (1) course for every year of
extension will be imposed. If the remaining deficiency includes Thesis A and
B or Design Project, the student is required to present a new thesis topic or
Design Project and enroll both Thesis A and Thesis B (DESPRO1 and DESPRO2
for Engineering).
A student who stopped for more than five (5) years and with more than 10%
of course deficiencies (e.g. more than 21 units remaining to complete the
program) shall use the new curriculum or the revised curriculum currently
implemented. All courses taken from the previous curriculum will be
credited, provided that these are equivalent to the courses in the
new/revised curriculum.

Procedure
1. The student must present a letter of request for reinstatement to be

approved by the Dean and the SD.
2. The student must enroll the penalty course(s), which is one (1) course for
every year of extension beyond the five-year grace period (e.g. if the
student stopped for 10 years, he will have to enroll five (5) penalty
courses). The Dean, upon the recommendation of the Program head will
prescribe the penalty courses.
Rejoining students (students who have discontinued for less than five (5
years) should first secure a written permission from the Dean of the College
where they were last enrolled in before they can enroll.
Students who are returning after serving a suspension must first secure
clearance from the Dean of the college and School Director before they
can enroll.
DISQUALIFIED/DISMISSED STUDENTS
Students who have been disqualified from the program they are currently
enrolled in due to their failure to meet the grade requirements despite
allowed remedial classes may seek admission to other programs.
Students who have been dismissed or disqualified for reasons outlined in the
scholastic delinquency policies will not be granted admission in any of the
Colleges of AMAES.
REQUEST FOR TRANSFER CREDENTIALS
A student who intends to transfer to another academic institution must

submit a letter to the College Dean indicating the intention to transfer and
reason(s) for the transfer.
Request for transfer credentials shall be filed with the Registrar’s Office. A
student shall secure a clearance from the Registrar’s Office, and have it

signed by the respective department heads indicated in the form, prior to
the issuance of the transfer credentials.
AMA strictly enforces a NO Clearance, NO Release of Transfer Credential

policy. Students are advised to process their student clearance on time to
avoid unnecessary delays.
SCHOLARSHIPS
AMA Provides a scholarship grant to qualified students subject to availability

of student’s approved of the chairman.
INSTITUTIONAL SCHOLARSHIPS
Amable M. Aguiluz Sr. Memorial Scholarship Grant / Presidential

Scholarship
In memory of AMA Sr. this scholarship grant is for financially challenged but
academically qualified students. Maximum of 1% of total population per
branch, application is subject for approval of the Chairman.
Qualifications:
Graduated with above average grade:
1. Final Senior High School Grade of 80 or better
2. No grade below 80 in Mathematics, Science and
English Annual Family Income not exceeding:
Provincial Php72,000
NCR Php100,000
Benefits:
Discount on all fees shall be as follows:
SHS Average Grade Discount

80 - 89 50% discount
90 – 94 75% discount
95 and above 100% discount
A student shall pay corresponding fees including the application, registration

and student organization fees.
Terms and Conditions:
1. To continue enjoying the scholarship grant, the grantee must maintain a

GPA of 2.0 on a minimum load of 18 units/trimester or 16 units/semester.
2. Scholarship can be granted for a maximum of 4 years only and subject to
renewal every term.
3. No IC (incomplete) grade
4. No grade below 3.0, D and UD in all courses enrolled.
5. Must not be charged with any academic violation.
6. Must not be involved in any form of conduct violation.
7. The corresponding fees are paid.
Requirements:
1. Senior High School Report Card (Form 137)

2. Income Tax Return/ Income Tax Exemption from BIR
3. Recommendation letter from School Director and Approved Application
form (With the Chairman’s Approval)
ACADEMIC SCHOLARSHIPS
Amable R. Aguiluz V Honors Scholarship Award

With the objective of getting bright students to enroll in AMAES for college,
particularly in programs with board examinations, the Chairman hereby
approves to revive the Amable R. Aguiluz V Honors Scholarship Program. This
scholarship program will also entice potential top notchers in board
examinations.

Qualification:
Top 1 or Top 2 of the Graduating Class with distinction of “With
Highest Honors”
Benefits:
1. Top 1- 100% Discount on All Fees, waived application fees

2. Top 2- 75% Discount on All Fees, waived application fees
3. Student will be provided the following:
a. Stipend - 5,000 per semester
b. Book Allowance- 5,000 per semester
Terms and Conditions:

1. Must enroll in a program with a PRC-administered board examination
to continue enjoying the scholarship grant, the grantee
2. Must maintain a GPA of 1.75 on a minimum of 15 units per trimester
or 18 units per semester,
3. No IC (incomplete) grade
4. Must not incur a grade of 3.00 or below, D or UD in all courses enrolled
5. Must not be charged with any academic violation
6. Must not be involved in any form of misconduct
Requirements:
1. Certificate of Ranking as Rank 1 or Rank 2 issued by the Principal
2. 2 Letters of Recommendation from previous high school teachers
3. Certificate of Good Moral Character
4. Endorsement of the AMAES School Director for Chairman’s approval
Academic Excellence (ACAEX) Scholarship Award
Qualifications:
1. 1 year residency
2. GWA of 1.0-1.75 for a minimum load of 15 units if trimester and 18
units if semestral
3. No grade of 3.0 and lower, D or UD

4. No disciplinary cases and/or academic violations
Benefits
1. GWA of 1.25 or better- 100% discount on all fees
2. GWA of 1.26 t0 1.50- 75% discount on all fees
3. GWA of 1.51 to 1.75- 50% discount on all fees
4. Must pay processing fee
Retention
1. Maintain a running GWA of 1.00-1.75
2. No grade of 3.00 or lower, D and UD.
3. No conduct/academic violation
4. Grant is good for 4 years and subject to renewal every term.
Requirements:
1. True copy of grades issued by the registrar (term grades must be submitted
for renewal of scholarship)
2. Certificate of Good Moral from the Office of Student Relations/Dean
3. Approved application form (for Chairman/ President Approval)
AMA OED (EDUCA)

1. At least 1 year full time continuous service : 50% plus 1 year RSA
- Php 2,500 processing plus registration fee and other fees are not
covered by EDUCA
EDUCA
1. At least 1 year full time continuous service : 50% discount on tuition fee,
lab fee, miscellaneous fee plus 50% subject to RSA
- Php 2,500 processing plus registration fee and other fees are not
covered by EDUCA
2. At least 2 years full time continuous service: 75% discount on tuition fee,
lab fee, miscellaneous fee plus 25% subject to RSA
- Php 2, 500 processing plus registration fee and other fess are not
covered by EDUCA

GOVERNMENT/CHED MANDATED SCHOLARSHIP
Tertiary Education Subsidy (TES) Scholarship
Qualifications
The priority beneficiaries for the Tertiary Education Subsidy (TES) are:
1. Students who are part of households included in the Listahanan 2.0,
ranked according to the estimated per capita household income; and
2. Students not part of the Listahanan 2.0, ranked according to estimated
per capita household income based on submitted documentation of
proof of income to be determined by the UniFAST Board;
Provided, further, that such prioritization shall not apply to Filipino
students in cities and municipalities with no existing SUC or LUC campus.
Conditions
TES grantees can only enroll in the following:
For Higher Education:

1. Undergraduate course/program in any SUC campus that has Board
approval;
2. Undergraduate courses with Certificates of Program Compliance
(COPCs) in CHED-recognized LUCs; and
3. Undergraduate courses with Government Recognition in private
institutions listed in the UniFAST Registry of Quality-Assured Institutions and
Programs
For TVET:
1. TVET program with Certificate of Program Registration (CoPR) and
officially listed in the TESDA Compendium of Registered Program in any
public or private technical-vocational institution (TVI)
2. Beneficiaries enrolled in higher education programs will enjoy a full
academic-year of the grant amount, subject to yearly renewal based
on their continued studies.
Benefits:
Private HEIs and TVIs:

Students enrolled in private HEIs and TVIs are entitled to the following
benefits (Sections 23 and 24. IRR of RA 10931):
1. Tuition and other school fees, which shall be equivalent to the tuition
and other school fees of the nearest SUC and State-run TVI in their
respective area.
2. Allowance for books, supplies, transportation, and miscellaneous
personal expenses, including a reasonable allowance for the
documented rental or purchase of personal computer or laptop, and
other education-related expenses
3. Allowance for room and board costs incurred by the student.
4. PWD students will be given additional allowance to cover expenses
such as special services, personal assistance, transportation, equipment
and supplies that are reasonably incurred. (Section 23-d IRR of RA
10931)
5. Students enrolled in programs requiring professional license or
certification will be given the one-time cost of obtaining the first
professional credentials or qualifications, which may include notarial
fees, review classes fees, insurance premium fees and documentation
fees. (Section 23-e IRR of RA 10931)
DSWD Educational Assistance
1. Proof of students award of eligibility.

2. Good for one trimester/semester only and are subject for renewal.
Note: DSWD Educational Assistance. A financial aid for the education of

certain people of eligibility. They’re offering a type of educational
assistance for indigent students and other qualified students.
CHED-Tulong Dunong Scholarship
The TULONG DUNONG is a Grants-in-Aid (GIA) under the Student Financial

Assistance Programs (StuFAPS) of Commission on Higher Education (CHED).
This is intended for:
1. High school graduates whose GWA is at least a passing grade and for
graduating high school students whose GWA is at least a passing grade

in the third year and in the first three grading periods of the fourth year
and who will enroll in identified priority courses in duly authorized public
or private HEIs.
2. Students with earned units in college – whose weighted average is at
least a passing grade for the last two (2) semesters and enrolled in
identified priority courses in duly authorized public or private HEIs.
3. Students who passed the Alternative Learning System (ALS) and the
Philippine Educational Placement Test (PEPT).
What is the worth of this Tulong Dunong Scholarship?

The package of financial assistance to grantees shall be six (6) semesters for
a three (3) year program, eight(8) semesters for a four(4) year program or
ten(10) semesters for a five (5) year program.
a. Full Merit Program – P15,000 per semester

b. Half Merit Program – P7,500 per semester
c. Study Now Pay Later Plan – P7,500 per semester
Eligibility Criteria for CHED-Tulong Dunong Scholarship
The following criteria must be met in order for applicants to be eligible for
this CHED Scholarship:
1. Be a Filipino citizen of good moral character.

2. Not be more than 30 years of age at the time of application
3. Be a high school graduate or a candidate for graduation;
4. Must have a combined annual gross income of parents/guardian not to
exceed P300,000.000. For those who are exempted from filing income
tax, there should be a certificate of tax exemption from the BIR. For OFW
and seafarers, the latest copy of contract or proof of income.
5. Not be a recipient of any government scholarship and financial
assistance.
The CHED-Tulong Dunong Scholarship program is available for pursuing an

undergraduate degree in any of the fields of studies in any of the Institutions.
The CHED-Tulong Dunong Scholarship is hosted by the Commission on Higher

Education, Philippines.

This CHED Scholarship program is open to local high school graduate
students in the Philippines who are intending to enroll in the college.
Application Procedure:
To apply for this CHED Scholarship, applicants should follow the following
procedures:
1. Get a copy of CHED StuFAPs application form from CHED offices or

download it.
2. Fully accomplished the form and submit it to CHED Regional Offices
together with all documentary requirements mentioned above.
3. After evaluation, CHED will contact/mail you regarding the status of
your application.
4. Student applicants should submit the accomplished CHED StuFAPS
Application (StuFAPs Form 1) directly to the CHED Regional Office.
However, applicants who intend to enroll in State Universities and
Colleges (SUCs) shall directly submit their StuFAPs Form 1 to the
concerned SUCs.
Requirements:
The following documents should be submitted together with the CHED-
Tulong Dunong Scholarship form:
1. CHED StuFAPs Application (OSS Form 01).

2. Duly certified Senior High School Report Card for Grade 11 and grades
for the first three grading periods of Grade 12.
3. Latest Income Tax Return (ITR), Certificate of Tax Exemption or Copy of
Contract/proof of income of parents/guardian from the Bureau of
Internal Revenue.
4. Certificate of good moral character from the high school
principal/guidance counselor.
5. The incoming freshmen
6. For the Grade 12 senior high school applicants – Grade 11 grades and
first three grading periods of Grade 12;
7. For senior high school graduates – Grade 12 Form 138
8. Applicants with Earned Units in College
- Certificate of grades in all subjects in completed semesters
For Other Applicants

- ALS – Accreditation and Equivalency Test Passer Certificate
- PEPT – Certificate of Advancing to the Next Level
- Latest Income Tax Return (ITR) of parents and Guardians
9. For those who are exempted from filing income tax, a Certificate of Tax
exemption from the Bureau of Internal Revenue (BIR) should be
submitted.
10. For children of Overseas Filipino Workers (OFW) and seafarers, the latest
copy of contract or proof of income may be considered.
11. Certificate of good moral character from the last school attended
Private Education Student Financial Assistance (FULL OR PARTIAL PESFA)
Eligibility:
1. Programs are awarded to learn any of the courses offered by the
university.
2. Applicants must be a Filipino citizen,
3. Must be a high school graduate, candidate for graduation; with earned
units in college; passer of Alternative Learning System (ALS) / Philippine
Educational Placement Test (PEPT),
4. Must have a combined annual gross income of parents/guardian not to
exceed Three Hundred Thousand Pesos (PhP 300,000.00)*,
5. Must avail of only one CHED program or financial assistance program;
and
6. Must not be a graduate of any degree program.
Application Procedure:
Applications should be submitted via post.
Requirements:
For Incoming Freshmen:
For Grade 12 SHS applicants – Grade 11 first three grading periods of the
grade 12 year
For senior high school graduates – Form 138
For Applicants with Earned Units in College – Certificate of grades in all

subjects in completed semesters
Other Applicants

ALS – Accreditation and Equivalency Test Passer Certificate
PEPT – Certificate of Advancing to the Next Level
1. Any one of the following: Latest Income Tax Return (ITR) of parents or
guardian, Certificate of Tax Exemption from the Bureau of Internal
Revenue (BIR), Certificate of Indigency from their Barangay, Case Study
from Department of Social Welfare and Development (DSWD), or
Affidavit of No Income. For children of Overseas Filipino Workers (OFW)
and seafarers, the latest copy of contract or proof of income may be
considered.
2. Certificate of good moral character from the last school attended.
Benefit:
Full scholars will receive financial assistance worth PhP30,000 while partial
scholars are set to receive PhP15,000 per academic year. On the other
hand, PESFA scholars will receive PhP15,000.
CHED SCHOLARSHIP PROGRAM (CHED CSP)
Qualification / Eligibility Requirements:

A student-applicant must comply with the following criteria to qualify for the
scholarship grant:
1. Filipino citizen;
2. Graduating high school / high school graduate with General Weighted
Average (GWA) of at least 90% or its equivalent computed as follows:
- If completed Grade 11 + 1st semester of grade 12 then grade is
computed as ((Average GWA of Grade 11)) + GWA of grade
12)/3)*70%
- If completed Grade 12 then grade is computed as 12
GWA*70%
3. Combined annual gross income of parent/s, guardian which does not
exceed Four Hundred Thousand Pesos (Php 400,000.00), an applicant
must present a written certification or medical findings of illness of a
family member, or school certifications of two or more dependents
enrolled in college; and
4. Those student-applicants belonging to the special group of persons
such as the Underprivileged and Homeless Citizens under Republic Act
No. 7279, Persons with Disability (PWDs) under RA No. 7277 as amended,
solo parents and/or their dependents under RA 8972, Senior Citizens

under RA 9994 and Indigenous People under RA 8371 shall submit
certifications and/or Identification Cards (IDs) issued by the appropriate
offices or agencies.
NOTE: Students should enroll in any of the priority courses identified by CHED
SSS EDUCATIONAL ASSISTANCE LOAN PROGRAM
Qualifications:
The member-borrower must be
1. Below 60 years old,
2. Must have an actual monthly basic salary or income of P25,000 or
below,
3. Must have at least 36 posted monthly contributions (six of which
should be posted within the last 12 months prior to the month of filing of
EALP Application),
4. And must be up-to-date in the payment of his salary/housing and other
member loans amortization.
The EALP beneficiaries may be

1. The member-borrower,
2. Legal spouse of the member-borrower
3. Child of the member-borrower (legitimate, illegitimate, or legally
adopted),
4. And sibling of the unmarried member-borrower (including half
brother/sister)
5. Each member-borrower is only allowed one beneficiary.
6. Enrolled in any undergraduate course offered by universities and
colleges recognized by the Commission on Higher Education, Technical
Education and Skills Development Authority, Civil Aviation Authority of
the Philippines
Amount of Loan:
d. For degree courses, maximum of P20,000 per program term or
net tuition/miscellaneous fees/assessment balance on cash
basis, whichever is lower.
e. For a four-year degree program or its equivalent, the maximum
number of times a member-borrower can avail himself of the

EALP shall be eight semesters/12 trimesters/16 quarters, or a
maximum of P160,000 full allocation.
f. For a five-year degree program or its equivalent, the maximum
number of times a member-borrower can avail himself of the
EALP shall be 10 semesters/15 trimesters/20 quarters, or a
maximum of P200,000 full allocation.
g. For two-year vocational/ technical courses, maximum of
P10,000 per semester/trimester or net tuition/miscellaneous
fees/ assessment balance on cash basis, whichever is lower.
h. For a semester program, the maximum number of availments
shall be four semesters or a maximum of P40,000 full allocation.
i. For a trimester program, the maximum number of availments
shall be six trimesters or a maximum of P60,000 full allocation.
The loan amount shall be funded on a 50:50 basis by the
national government and SSS.
GSIS Ginhawa For All-Education Loan (GFAL-EL)
“We will allow GSIS members who have at least 15 years of government
service to avail of an educational loan for their kins in college. The loan has
a term of ten years but we will not require them to pay anything in the first
five years. So they don’t have to worry about the tuition of their children for
the first five years,“ Macasaet explained in a radio interview.
Under the GFAL-Educational Loan (GFAL-EL), the maximum amount that

may be borrowed per academic year is Php100,000 covering tuition and
other school fees. The interest rate is only 8%.
A GSIS member may nominate up to two student-beneficiaries under the

program. The two must be related to him or her up to the third degree of
consanguinity or affinity and enrolled in a four-or five-year course in a
private or public educational institution.
The loan proceeds will be directly paid to the school under the student’s
account every semester or trimester until the beneficiaries finish their
courses.
Members, including special members, who have at least 15 years of service

may apply for the loan. They must not be on leave of absence without pay,

have no pending administrative or criminal case, and have no past due
GSIS loans (including housing loans).
OWWA Scholarships Scheme
There are two types of scholarship grants offered by OWWA:
OFW Dependent Scholarship Program (OFWDSP) – This program can be

availed by OFW dependents (siblings or children) who are planning to enroll
or are already enrolled in any degree course in a state college or university
of their choice, and whose OFW relative earns a monthly salary of NOT more
than USD 400 in equivalent. If granted, the recipient of the scholarship will
receive P20,000 in total for one whole academic year which they can use
for covering their school tuition (if there is) or other academic-related fees.
Education for Development Scholarship Program (EFDSP) – The program is

open to all OFW dependents who are planning to enroll or are already
enrolled in any 4- or 5-year degree course in their university of choice. The
recipient will be entitled to a total of P60,000 per academic year.
Philippines Veterans Affairs Office
Basis of Benefit
Sec. 3 or RA 6948 as amended by Sec. 1 of RA 7696
Beneficiaries:
1. WWII Veterans
2. Philippine Expeditionary Force to Korea (PEFTOK) or Philippine Civic
Action Group (PHILCAG) Veteran
3. Surviving spouse of an eligible veteran
4. Direct descendant of an eligible veteran
Nature of Benefit
Payment of school fees not to exceed Php 40,000 per year
Limitation:
Each veteran is entitled to one educational benefit only

Basic Requirements:
1. Proof of Service: Military Service Record/s
2. Proof of Filiation: Birth Certificate of the Waivee / Student Ward;
Marriage Certificate of the Waivee’s Parent
3. Waiver: Executed by the veteran’s children in favor of the waivee in
case the veteran and the spouse are both deceased
4. Proof of Identity: Claimant’s Valid IDs; Waivee’s / Student Ward’s IDs
and school credentials
PROCEDURE TO AVAIL SCHOLARSHIP
Standard Scholarship Application Procedure

1. Secure Scholarships/Financial Aid Application Form from the Admissions
Office.
2. Submit completely accomplished application form to the Office of the
School Director at least two (2) weeks before the regular registration
period.
3. Attach the required documents.
4. Incomplete attachments and late application will not be processed.
5. Applicants will be notified of the result of their scholarship application one
week before the start of regular registration.
Scholarship Implementation Procedure
1. No scholarship certificate, no enrollment.

2. Students applies on line with AMA Foundation (form to be crafted by AMA
Foundation);
3. Students picks up certificate presenting ID;
4. Students proceed with enrollment. Scholarship certificates must be
presented to registrar before they will allowed to enroll and attend classes.
Standard Renewal Procedure

1. The scholarship grant of a student-beneficiary may be renewed provided
he/she complies with all the renewal requirements, whether academic or
otherwise.
2. Secure Scholarships/Financial Aid Application Form from the Admissions
Office.
3. Submit completely accomplished application form to the Office of the
School Director at least two weeks before the regular registration period.
4. Attach all required documents particular to a specific scholarship
category.
5. Incomplete attachments and late application will not be processed.
6. Applicants will be notified of the result of their scholarship application for
renewal one week before the start of regular registration.
Processing and Approval of Scholarship Application or Renewal of Existing

Scholarships
1. The School Director shall inform all applicants of the results of their
application in writing regardless if the application is approved or
disapproved. If approved indicate the benefits and the requirements to
continuously enjoy the scholarship grant.
2. Students with approved scholarships must submit a photocopy of the
letter of approval to the cashier during payment. Original letter of
approval must be presented for verification purposes.
GENERAL POLICIES FOR STUDENTS
ATTENDANCE
Students are required to attend classes regularly. Students who incurred

more than the allowable number of unexcused absences (20% of the total
contact hours) will be dropped from the class and will be given a grade of
Unofficially Dropped due to excessive absences (UD).

In cases of prolonged absences due to medical reasons, students are
required to present medical certificates or documents. A student who fails
to submit a medical certificate or document will be marked absent for the
duration.
The attendance in virtual classes is monitored based on the time in/log in of

the student. Students who incurred more than the allowable number of
unexcused absences (20% of the total contact hours) will be auto-dropped
from the class
GRADING SYSTEM
Grade Grade Point Grade

Range Input
96-100 1.00 A+ Excellent
91-95 1.25 A Very Good
86-90 1.50 A- Very Good
81-85 1.75 B+ Good
75-80 2.00 B Good
69-74 2.25 B- Good
63-68 2.50 C+ Fair
57-62 2.75 C Fair
50-56 3.00 C- Fair
Below 50 5.00 F Failed
IC IC Incomplete
IP IP In Progress
W Withdrawal

D Dropped
IC – A mark for conditional grade which is given to students who did not:
a. Take the Final Examination
b. Organize seminars and/or attend the field trip component of the
Field Trip and Seminar course.
IP – A mark for conditional grade which is given to students who did not:
a. Finish their project prototype or software
b. Attend the scheduled thesis/capstone defense
c. Complete the required on-the-job training (OJT) Hours.
d. Submit course requirement(s) of thesis/capstone/feasibility/OJT like
hardbound, OJT Reports, completion certificates, etc.
W – Mark given to students who officially withdraw from the college.
D – Mark given to students who officially dropped from the rolls before the
midterm period.
Note:
• Grade transmutation is no longer implemented in all term grades.

• Grade computation will be as follows for all quizzes, assessed
projects, assignments, term examinations:
(Raw Score / Maximum Score) x 100%
Grading System for Trimestral Mode
A. Lecture Class only
Final Grade = 30% (Prelim Grade) + 30% (Midterm Grade) + 40% (Final
Grade)
Prelim Grade 30%
Midterm Grade 30%

Final term Grade 40%
FINAL GRADE 100%
Breakdown of grade for each term period must be:
Quizzes (2) 40%
Class Participation (projects, assignments,

10%
recitation, attendance)
Major Exam 50%
LECTURE GRADE 100%
B. Classes with laboratory
Final Grade = 30% (Prelim Grade) + 30% Midterm Grade + 40% (Final
Grading term Grade)
Term Grade = 60% (Lecture Grade) + 40% (Laboratory Grade)
Breakdown of lecture grade per term must be:
Quizzes 40%
Class participation (projects, assignments,

10%
Major Exam 50%
Lecture Grade 100%
Breakdown of laboratory grade per term must be:

Experiments/Machine Problems (minimum of
40%
2)
Class participation 10%
Major Exam 50%
Laboratory Grade 100%
Grading System for Semestral Mode
A. Lecture Class only
Final Grade = 20% (Prelim Grade) + 20% (Midterm Grade) + 20% (Pre-Final
term Grade) + 40% (Final term Grade)
Prelim Grade 20%
Midterm Grade 20%
Pre-final Term Grade 20%
Final term Grade 40%
FINAL GRADE 100%

Breakdown of grade for each term period must be:
Quizzes (2) 40%
Class Participation (projects, assignments,

10%
Major Exam 50%
LECTURE GRADE 100%
B. Classes with laboratory
Final Grade = 20% (Prelim Grade) + 20% Midterm Grade + 20% (Pre-final
term Grade) + 40% (Final Grading term Grade) Term Grade = 60%
(Lecture Grade) + 40% (Laboratory Grade)
Breakdown of lecture grade per term must be:
Quizzes (2) 40%
Class participation (projects, assignments,

10%
Major Exam 50%
Lecture Grade 100%
Breakdown of laboratory grade per term must be:
Experiments/Machine Problems (minimum of

40%
2)
Class participation 10%

Major Exam 50%
Laboratory Grade 100%
COMPLETION/REMOVAL OF INCOMPLETE (IC) GRADE
A student who received a grade of IC shall be given a period of one (1) year
from the time the IC was incurred to complete/remove the grade.
If however, the student still fails to take the removal/completion

examination or submit the requirements for the course(s) within the one (1)
year period the IC grade will be converted to a grade of 5.00 and the
student will be advised to re-take/re-enroll the course(s).
Procedure for IC Removal/Completion
A. ONSITE
1. Get completion/removal form from the registrar’s office.
2. Fill out the form completely.
3. Submit the form to the College Dean.
4. Take note of the schedule of removal/completion examination(s).
5. Take the removal/completion examination(s) on the scheduled date.
6. After taking the exam, consult with the Dean about the result of the
exam(s) and the final grade for the course.
7. Check with the registrar’s office if the IC grade(s) was/were changed
accordingly.
8. If the IC grade(s) was/were changed to a failing mark, the student must re-
enroll the course(s).
9. Absolutely NO appeal on the late removal/completion examination will be
entertained.
B. ONLINE
Student Advisory on NFE/IC Completion Online
Please find below the steps in processing your IC/NFE completion:

1. Log in to your Discipulus account.
2. Proceed to Pay Other Fees and Select NFE Completion Form.
Please note that transaction is per subject to be completed. If you
have several subjects to complete, just repeat the process for each
subject.
3. Select the subject to complete and proceed.
4. You will now be asked to pay for the completion fee of P300 per
subject thru Paynamics.
5. Once the payment is posted and is reflected as PAID in your
Dashboard, you will now be allowed to take the Online
Examination.
6. Go to this portal to Discipulus portal LMS Login IC/Remedial Portal
7. Take the exam.
8. Generate the completed grade in the subject.
GENERAL POINT AVERAGE
Only grades in academic courses are included in the computation of the

GPA. Grades in P.E. and NSTP are not included.
To compute the GPA:
• Multiply the credit units for each course by the corresponding grade
points merited in each course to get the honor the points.
• Add the honor points to get the total.
• Divide the total honor points by the total number of credits during the
term. Indices are computed to four decimal places rounded off to
two.
Grades in courses which were cross-enrolled will be included in the

computation.
GRADE COMPLAINTS
A student who is in doubt or has complaints on the grade(s) obtained can

make an appeal to the College Dean within one (1) week after receipt of
the grade slips.

Procedure in Filing Grade Complaint(s)
A. ONSITE
1. Get a grade complaint form from the Registrar’s office.
2. Completely fill out the form.
3. Submit the complaint form to the College Dean.
4. If the complaint(s) is/are valid, the College Dean shall conduct an inquiry
with the concerned faculty and resolve the grade complaint(s) within one
(1) week upon receipt of the complaint(s).
5. Consult with the College Dean about the result of the grade complaint(s).
6. Check with the Registrar’s office if the grade complaint(s) were recorded
and the final grade(s) have been changed accordingly.
Absolutely NO change of grade will be accepted after the scheduled

period.
B. ONLINE
A student who is unsure of his or her grade(s) can appeal to the College
Dean through the Freshdesk system within one (1) week of receiving the
online grade slips.
1. Log in to your discipulus account.
https://discipulus .amasystem.net
2. Create a ticket for your complaint and wait for the assistance.
ACADEMIC STANDING
Academic standing shall be determined by the Grade Point Average

(GPA) of the student computed every end of the term. The Registrar shall
compute the academic standing of the students and submit list result to the
College Dean for appropriate actions.
Good Academic Standing – GPA 2.75 or better and passed at least 75% of
the total academic units enrolled for the term.
Academic Probation – GPA 3.0 or better and passed at least 50% of the total
academic units enrolled for the term.

SCHOLASTIC DELINQUENCY
Student Notice
A student who fails 25% of the total units enrolled in the term will be classified
as under STUDENT NOTICE.
A student is issued a STUDENT NOTICE by the College Dean if the GPA for the
term is at least 3.0 but fails 25% of the total units enrolled for the term.
The STUDENT NOTICE is a reminder from the College Dean for the student to
improve his/her academic performance in the following term.
Probationary Status
A student with GPA of at least 3.0 but failed 50% of the total units enrolled in
the term will be classified as under PROBATION and will be placed on the
PROBATIONARY status list.
Students who received STUDENT NOTICE for two (2) consecutive terms will also
be placed on the PROBATIONARY status list.
• A student is issued a notice from the College Dean about his/her

probationary status. The letter shall include an advisory for the
student on how to improve his/her academic performance and be
removed from the PROBATIONARY status.
• A student placed under PROBATIONARY status will be allowed to
enroll a maximum of 15 units in the succeeding term to help him/her
improve his/her academic performance.
• A student will be removed from the PROBATIONARY status list after
passing at least 75% of the total units enrolled in the succeeding
term and obtaining a GPA of 3.0 or better.
Dismissed Status
A student with a GPA below 3.0 and failed more than 75% of the total units
enrolled in the term will be classified as under DISMISSED status.

A student who received PROBATION NOTICE for two (2) consecutive terms will
also be placed on the DISMISSED status list.
• A student is issued a notice from the College Dean about his/her

dismissed status. The notice letter shall include the advisory for the
student on how to apply for re-admission in the same program or in
a different program of study.
• A student placed under DISMISSED status must apply for
readmission in the same program or in a different program of study
to the College Dean. The College Dean must provide a decision
one (1) week after the appeal is submitted.
• A re-admitted student will be allowed to enroll a maximum of 12
units in the succeeding term to help him/her improve the academic
status.
• A re-admitted student will be removed from the DISMISSED status
upon passing at least 75% of the total units enrolled in the
succeeding term and obtaining a GPA of 3.0 or better.
Disqualified Status
A student with GPA below 3.0 and failed 100% of the total units enrolled in the
term will be classified as under DISQUALIFIED status.
A student who received DISMISSED NOTICE for two (2) consecutive terms will
also be placed on the DISQUALIFIED status list.
• A disqualified student may submit an appeal for re-admission in a

different college/program to the School Director. Should the
School Director finds merit in the appeal, the letter will be
recommended for approval of the VPAA.
• A re-admitted student will be advised to shift to a less demanding
program of study and will be allowed to enroll at the most 12 units
in the succeeding term.
• A student with denied re-admission appeal will be advised to
transfer to other institution and will be given honorable dismissal and
transcript of record after all school clearances are accomplished.

MAXIMUM RESIDENCY RULE (MRR)
A student must finish the requirements of a program of any college using

the same curriculum within the period of actual maximum residency rule
(MRR) which is equivalent to twice the normal length prescribed for the
program.
A student who fails to complete the program of study in the prescribed MRR
may request for waiver of the MRR.
1. The student must submit a written request for waiver of the MRR to
the College Dean. The request to continue with the same
curriculum shall be evaluated and decided within one (1) week
upon receipt of the request.
2. The approved request for waiver of MRR shall include penalty
subjects if applicable or new curriculum if appropriate with all the
credited courses. The approved request will be provided to the
student concerned and a copy of which will be forwarded to the
Registrar’s Office to be included in the student’s records.
3. Penalty course(s) will be appropriated to one (1) course for every
year beyond the MRR. The College Dean upon the
recommendation of the program head must prescribe the penalty
courses.
4. The student must get a copy of the penalty courses if applicable
and enroll accordingly.
EXAMINATION
As a general policy NO student is allowed to take a major examination

without the TEST PERMIT. The student should observe the following:
A. ONSITE
1. Secure the test permits from the accounting/cashier office at least

a day before the scheduled examination to avoid long time spent
in queues.

2. Be at the prescribed examination room and scheduled
examination date at least 10 minutes before the start of the exam.
Those who are late for at most one(1) hour will be accepted but
will not be given extra time to finish the examination.
3. Wear the school ID and present the test permit to the assigned
proctor before entering the examination room. Make sure that the
proctor signs the TEST PERMIT.
4. Take the assigned seat and sign the attendance sheet
5. Complete the examination within the prescribed period. No
student will be allowed to leave the examination room. All
communication devices are not allowed to be used during the
examination.
6. Submit the completed examination to the proctor and leave the
examination room quietly.
B. ONLINE
Go to https://discipulus .amasystem.net
1. Log-in to your discipulus account
2. Menu
3. Click Student Helper
4. Proceed to Student Exam Helper
5. This will take you straight to the examination sites.
Procedure if the student FAILS to take a major examination
A student who is absent during the scheduled examination or who is late for
more than one (1) hour or who has an examination conflict and therefore
fails to take the scheduled examination will still be allowed to take a make-
up/special examination as scheduled provided that the student presents:
• An excuse slip for being absent during the exam period (sickness,
accident, death of immediate family members, etc.);
• An excuse slip for being late for more than one(1) hour during the
scheduled examination;
• A certification from the college dean/education coordinator for the

conflict examination; or

• A certification from cashier/accounting officer for nonpayment of
the fees during the scheduled examination.
Make-up / Special Exams
During the scheduled make-up/special exam, the student should observe the
following:
A. ONSITE
1. Be at the prescribed examination room and scheduled
makeup/special examination date at least 10 minutes before the
start of the exam. Those who are late for at most one(1) hour will be
accepted but will not be given extra time to finish the examination.
2. Wear the school ID and present the test permit and appropriate
excuse slip or medical certificate to the assigned proctor before
entering the examination room. Make sure that the proctor signs the
TEST PERMIT.
3. Take the assigned seat and sign the attendance sheet.
4. Complete the make-up/special examination within the prescribed
period. No student will be allowed to leave the examination room.
All communication devices are not allowed to be used during the
examination.
5. Submit the completed examination to the proctor and leave the
examination room quietly.
Failure to take the make-up/special examination within the prescribed

schedule will mean a grade of zero (0) in that term examination and the
term grade will be computed accordingly.
If however, the student fails to take the Final Term examination during the
Make-up/Special Exam schedule, the student will be given a grade of
Incomplete (IC) mark in the respective course(s).
B. ONLINE
1. Log-in to your discipulus account
2. To pay for other fees (Special Exam, IC Exam etc.)
3. Click the Menu button

4. Choose Payments
5. Then press the button for Pay Other Fees
6. A Special Code will be given to be able to take the exam
OTHER CURRICULAR REQUIREMENTS
NATIONAL SERVICE TRAINING PROGRAM (NSTP)
All students enrolled in any baccalaureate degree course or at least 2-year

technical vocational or associated courses in public and private
educational institution shall be required to complete one (1) NSTP
component to be taken for two terms:
The prescribed NSTP programs comprise the following:
NSTP1A – Civic Welfare Training Services (CWS) Part 1 (3 Units)

NSTP2A – Civic Welfare Training Services (CWS) Part 2 (3 Units)
NSTP1B – Literary Training Services (LTS) Part 1 (3 Units)
NSTP2B – Literary Training Services (LTS) Part 1 (3 Units)
Grading System:
NS TP 1
Quizzes Attendance Major Exam
Prelim Grade 40% 10% 50%

Midterm grade 40% 10% 50%
Final Term
40% 10% 50%
Grade
NSTP 2
Prelim Quizzes Attendance Major Exam
Grade 40% 10% 50%

Project Proposal Presentation - 40%
Midterm Attendance - 10%
Grade Community Extension Project Plan -
50%
Final 30% Prelim Grade + 30% Midterm Grade + 40% Pre-
Grade Final Grade
ON-THE-JOB TRAINING / PRACTICUM PROGRAM
On-The-Job Training / Practicum programs are structured off-campus based

training programs and hands-on practical integration of formal classroom
training. The primary purpose of the program is to:
1. Develop the skills of student/trainee through intensive and supervised

training that is employment-based; and
2. Meet industry skills needs in terms of efficiency and effectiveness in actual
work-related scenarios.
OJT/Practicum Procedure
A. ONSITE
1. The student should enroll in the appropriate OJT/Practicum course. Make
sure that the correct units are enrolled. Practicum/OJT courses are
charged as lecture.
2. Meet with the assigned Practicum/OJT adviser and get instructions on:
- Company/Organization where the student will have his/her

OJT/Practicum. Students can only undergo OJT/Practicum in
related/relevant training institutions.
- Guidelines and tips on how to report to the company/organization,
objectives and scope of the training as well as the name of the
contact person/training institution supervisor and the schedule of
duty of the student to the company.
- Scope of the training must be within the discipline or within the line
of work of the student.
3. Report to the assigned company/organization and excel in the assigned
tasks/duties.

4. Write the case(s) based on actual experience and apply the theories and
principles learned in the classroom.
5. Meet with the Practicum/OJT adviser as scheduled (one hour per week)
and submit the required progress reports. Meetings with OJT/Practicum
adviser will not be counted as part of the required OJT/Practicum hours.
6. Students must complete the required number of hours as indicated in their
respective program of study or complete a programming
module/package, depending on the agreement of the student-trainee,
practicum adviser/mentor and training institution supervisor.
B. REMOTE / VIRTUAL/ MICRO- INTERNSHIP

These types of internship are those in which work is completed off-site.
Communication may happen through electronic process such as email,
online chat, or phone. During this “work from home” period, these
opportunities offer a way for organizations to meet their short- and long
term business goals, and for students to gain valuable workplace
experience to develop their career competencies.
These could be also a short-term, paid, professional assignments that

are similar to those given to new hires or interns. These projects enable
college students, graduate students, and recent college graduates to
demonstrate skills, explore career paths, and build their networks as they
seek the right full-time role.
C. ALTERNATIVE LEARNING OUTPUTS
If OPTIONS A & B are unavailable or undesirable for our students, the

institution need to create alternative programs or learning
experiences that are similarly or related to student’s field of
specialization and can meet the minimum standard of an internship
program.
EVALUATION OF STUDENT PERFORMANCE
Since a definite work schedule shall have been agreed upon between the
Practicum Adviser / Mentor and the training institution practicum
supervisors, the student must be able to finish the work assigned to him/her
on time. The student will be evaluated on the basis of performance of the
tasks assigned to him/her.

The following skills/competencies/attitude will be the basis for assessing
student-trainee performance and numerical grade.
Technical Skills. Effective application of identified skills and knowledge to

meet the requirements or problems in their assigned areas or scope of
responsibility (e.g. documentation, encoding, programming, etc.).
Quality of Work. Consider accuracy of work done based on expected

output, reliability of the output, judgment to quality standards and delivery
of output against target dates.
Initiative and Dedication. Consider attitudes toward work (e.g. enthusiasm,

aggressiveness and persistence).
Interpersonal and Team Relationships. Harmonious working relationships in

carrying out work activities with employees and flexibility and receptiveness
in dealing with others.
Attendance and Punctuality. Number of absences and tardiness per

evaluation period will be noted against the student’s-trainee’s score.
Personality Assessment. Appropriateness of the attire to the working

environment, good grooming, cheerfulness and good communication skills
forms part of the evaluation.
Likewise, the OJT/Practicum adviser must provide an evaluation and

numerical grade base on the following:
1. Attendance during scheduled meetings.

2. Submission of the required documents including copy of the certificate
of completion. A grade of IC will be issued to the students for failure to
submit copy of the certificate of completion.
The Final Grade = 90% (grade from training institution) + 10% (grade from
OJT/Practicum adviser)

Copy of the Certificate of Training Completion from the training institution
will be submitted to the OJT adviser. The original Copy will remain with the
student.
FIELD TRIP
Students who are joining the off-campus trip are briefed by the
Dean/Program Head at least one (1) day before the actual schedule of the
trip.
1. Students are not allowed to bring, purchase and drink any alcoholic
beverages or illegal substance during the entire field/educational trip.
2. Students must at all times, conduct themselves as responsible persons in
dealing with co-students, faculty members and company authorities.
3. Students are not allowed to leave the designated premises for the duration
of the trip.
4. Students will not be allowed to join the trip without a signed written consent
and waiver form from the parent or guardian. The said waiver must be
submitted to the office of the dean at least one (1) week before the
scheduled date of the trip.
THESIS PROJECT
Students enrolled in AMACU/AMACC and whose program of study requires

a thesis or capstone project must follow the guidelines and procedure
below:
1. Thesis or Capstone Projects are terminal courses and therefore only

graduating students or on their last year of attendance are allowed to
enroll the said course.
2. After enrolment of the course students must report to the assigned
adviser and attend regular scheduled class meetings.
3. Submit requirements of the course according to schedule.
4. Pay the defense fee and present/defend the completed
Thesis/capstone project as scheduled.

RULES FOR UNDERGRADUATE RESEARCH WRITING
1. When a student reaches senior standing, he/she becomes eligible to

enroll in Thesis A.
2. Only upon successful completion of Thesis A (or NFE mark has been
removed) will the student be allowed to enroll in Thesis B.
3. Student(s) work hand-in-hand with the thesis adviser for the
completion and finalization of his approved capstone/thesis/design
project.
4. Students from the same college may form a group of at most three
(3) members to conduct one specific research.
5. Change of topic and group members will not be allowed once the
research proposal was submitted, defended and approved.
6. Multi-disciplinary research or design projects will be subjected for
approval of the Academic Affairs Department.
7. For meritorious cases such as size and coverage of the project, the
number of group members maybe increased to at most 5 students.
A letter of appeal on the number of group members, stating reasons
for said appeal must be prepared. Head of Academic Affairs and
Operations Department must approve the letter of appeal.
Thesis A/DESPRO 1 Course Requirements and Grading System
Course Requirements
1. Topic Proposal
2. Chapter 1
3. Chapter 2
4. Chapter 3

THESIS A/DESPRO 1 Grading System
Preliminary Period Chapter 1 (Introduction) + exam

Midterms Period Chapter 2 (Review of Literature) + exam
Final Period Chapter 3 (Materials & Method) + exam
Final Grade = 30% (Prelim) + 30% (Midterm) + 40% (Final)
A student will receive an “IC” mark for the following reasons:
1. Failure to pay financial obligations even if the required chapters 1,

2 and 3 were submitted. Should any of the members of the group
fail to pay outstanding financial obligations, only said member will
be given an IC mark. The appropriate numerical grade will be given
upon presentation of proof of payment for the outstanding
balance.
2. Failure to submit the revised Chapters 1, 2 and 3 even if the student
has no outstanding financial obligations. The appropriate
numerical Grade will be given upon submission of the revised
chapters. Guidelines for removal of IC will be implemented.
A student will receive a grade of 5.00 if he fails to submit Chapter 1, Chapter

2 and Chapter 3 during the designated deadlines. A student who got a
failing grade must re-enroll the course and will be allowed to use the same
topic/project for a period not exceeding one year. After which the student
must present a new topic/project.
Thesis B/DESPRO 2 Course Requirements and Grading System
Only upon successful completion of THESIS A/DESPRO 1 (IC mark has been
removed) will the student be allowed to enroll THESIS B/DESPRO 2. The
student works hand-in-hand with his thesis adviser for the completion and
finalization of the approved thesis.

Course Requirements
The requirements for Thesis B/DESPRO 2 are:

1. Hardbound copy of the Thesis/Design Project (3 copies)
2. Software/Hardware/Prototype
3. Oral Defense
Grading System
FINAL PAPER 30%

Originality / Inventiveness 15%
Quality of thesis manuscript 15%
PROTOTYPE 35%
Conceptual & Logical Design 20%
Workability & Application 15%
ORAL PRESENTATION 35%
Quality of thesis presentation 20%
Ability to defend the thesis 15%
100%
Final Grade = Final Paper Grade + Prototype Grade + Oral Defense Grade.
A student will be given IC marks for the following reasons:
1. Failure to pay financial obligations even if all requirements were

complied with. Should any of the members of the group fail to pay
outstanding financial obligations, only said member will be given
an IC mark. The appropriate numerical grade will be given upon
presentation of proof of payment for the outstanding balance.
2. Failure to submit the hardbound copy of the thesis. The appropriate
numerical grade will be given upon submission of all course
requirements. Guidelines for removal of IC will be implemented.

Students will be given grade of 5.00 for the following reasons:
1. Failure to remove IC mark.

2. Failure to defend thesis on the scheduled date plus 1 week grace
period.
3. Failing grades in the three categories: Final Paper, Prototype and
Oral Defense.
4. A student who gets a failing grade must re-enroll the course and will
be allowed to use the same topic/project for a period not exceeding
one year. After which, he must present a new topic/project.
CAPSTONE PROJECT
Capstone Project refers to the final project meant to encapsulate all things
learned in the IT and IS program of study. The capstone project shall provide
the students with an experience that brings together the technical
knowledge that they have acquired on “real-life” projects or application.
Students shall be able to apply problem/project definition, project planning,
design selection and optimization, team building, communication,
presentation skills, interpersonal skills, meeting skills, and conflict resolution.
Students are encouraged to collaborate with corporations, industry and
government clients in order for them to develop projects with real life
application.
Course Requirements
1. Project Proposal
2. Hardbound copy of the capstone project
3. Oral Defense
Grading System for CAPSTONE PROJECT is as follows:
Preliminary Period Chapter 1 (Introduction) + exam

Chapter 2 (Review of Literature) + exam
Chapter 3 (Materials & Method) + exam

Midterm Period Chapter 4 (Results/Findings and Analysis)
Chapter 5 (Conclusion and Recommendations)
Final Period Final Paper Grade
Prototype Grade
Oral Defense Grade
FINAL PAPER GRADE 30%

Originality / Inventiveness 15%
Quality of thesis manuscript 15%
PROTOTYPE/SOFTWARE GRADE 35%
Conceptual & Logical Design 20%
Workability & Application 15%
ORAL PRESENTATION GRADE 35%
Quality of thesis presentation 20%
Ability to defend the thesis 15%
100%
Final CAPSTONE Grade = 30% (Prelim) + 30% (Midterm) + 40% (Final)
A student will receive an “IC” mark for the following reasons:
1. Failure to pay financial obligations even if all course requirements was

submitted. Should any of the members of the group fail to pay
outstanding financial obligations, only said member will be given an IC
mark. The appropriate numerical grade will be given upon presentation
of proof of payment for the outstanding balance.
2. Failure to submit the hardbound copy of the capstone project even if the
student has no outstanding financial obligations. The appropriate
numerical grade will be given upon submission of the revised chapters.
Guidelines for removal of IC will be implemented.
A student will be given grade of 5.00 for the following reasons:

1. Failure to submit the required chapters on schedule plus 1 week grace
period.
2. Failure to remove IC mark within the allowed period.
3. Failure to defend capstone project on the scheduled date plus 1 week
grace period.
4. Failing grades in the three categories: Final Paper, Prototype/Software and
Oral Defense.
A student who got a failing grade must re-enroll the course and will be
allowed to use the same topic/project for a period not exceeding one year.
After which, the student must present a new topic/project.
GRADUATION
The institution confers degrees and titles only to a student who has
satisfactorily completed all the academic and non-academic requirements
in the curriculum based from the student’s record in the office of the
Registrar.
APPLYING FOR GRADUATION
A. ONSITE
1. Evaluation
Student files an application for evaluation of academic credit prior to the

last term of his program. The evaluator checks, verifies and evaluates all the
records of the student. Results of the evaluation are posted in the bulletin
board before the last term enrolment of the student.
All deficiencies must be made up/enrolled during the last term of the student.
2. Deliberation
A preliminary deliberation shall be conducted when the midterm grades

are available while the final deliberation is done after the submission of final

grades for students. List of candidates indicating deficiencies shall be
posted in the bulletin board after the first deliberation.
3. Announcement
A final list of graduates will be posted in the bulletin board one week after
the release of grades. Students must pay the graduation fees and process
the clearance. Completed clearance must be submitted to the Office of
the Registrar for audit verification.
B. ONLINE
1. Login to your Discipulus account by entering your USN/Email
and Password
2. Once successfully logged-in, click the Menu on the top left of
page, find the Student Request and click Graduation
Application Form.
3. Your information will appear. First, select the SYCODE
4. Once selected, make sure to read and check the Student’s
declaration. Once done, click the I Agree checkbox and click
the CONFIRM APPLICATION button.
5. Once confirmed, your application will now be recorded.
6. To check your application, go to the Graduation Application
page again and you can see the information and the status of
it.
7. To check your curriculum evaluation, click the eye button under
the ACTION column.
8. To check the status of your request, click the history button
under ACTION column. You can view the uploaded file/image
by clicking the button under the ACTION column.
9. To update your Application Status, click the update button
under the ACTION column.
- Select the Status and fill up the remarks, then
attach/upload a file or image.
- Once done, click the Confirm Status button and the status
will change in the table.
10. If your evaluation is Disapproved, the status will change and
you can check the reason for the disapproval in the page.
- Disapproved evaluation can resubmit their applications by

clicking the 4th button under Action column. Read the
following content and click the I Agree checkbox, once
done click Submit button.
- Once submitted, your application status is resubmitted and
ready for evaluation.
11. If your evaluation is Approved, the status will change and you
can check the status has been changed into Approved.
AWARDS AND RECOGNITION
TRIMESTER/SEMESTER HONORS
Recognition is given to students for their superior scholastic achievement in

a given term such as students who have exhibited exemplary performance
for a given term. They are given due recognition as follows:
President’s List
1. Enrolled in at least 18 units in the pertinent trimester or 16 units/semester.

2. GWA of 1.45 or better
3. No grade below 3.0, D or UD
Dean’s List
1. Enrolled in at least 18 units in the pertinent trimester or 16 units/semester.

2. GWA of 1.46 – 1.75
3. No grade below 3.0, D or UD
Recipient of trimester/semester honors shall be awarded with Certificate of

Recognition and will become members of AMACC/AMACU Honor’s
Society – an elite organization of top academic achievers. They may also
qualify for the ACAEX Scholarship Program.

Certificate of Recognition will be made available at the Registrar’s Office in
the succeeding trimester/semester. Students must personally claim their
certificates.
GRADUATION AWARDS
ACADEMIC HONORS
The following honors are awarded to graduating students who satisfied the
required residency and grade requirements.
NO GRADE LOWER THAN
NON-
HONORS GWA ACADEMIC
ACADEMIC
Summa Cum Laude 1.00 - 1.20 2.00 2.50
Magna Cum Laude 1.21 - 1.40 2.25 2.75
Cum Laude 1.41 - 1.75 2.50 3.00
*Grade requirements refer to those taken inside and outside the

college/university.
The Honors/Awards Committee headed by the Registrar shall call for the
nomination to graduation awards by sending a notice to the academic
community. The Registrar will convene a committee for the deliberation,
selection and recommendation of the awardees.
To qualify for Academic Honors the student must:

1. Have completed at least fifty percent (50%) of the total number of
academic units required for their degree program at AMACC/AMACU.
2. Have enrolled in an average of 18 academic units per term. If a program’s
curriculum includes terms with less than 18 units, the minimum units
enrolled should match the prescribed number of units for that term.
3. Not have any record of Leave of Absence, IC, or IP remark.
4. Not have any grade below 3.0 for graduates of SY 2023-2024, 2.5 for
graduates of SY 2024-2025 onward.
5. Not have any D or UD remark.
6. Not have been involved with any academic violation.
7. Not be involved in any form of conduct violation
8. Have obtained the required GWA.
NON-ACADEMIC AWARDS
Leadership Award
The award is presented to a qualified member of the graduating class who

has an outstanding participation in co-curricular and extracurricular
activities that promote student and school welfare. The nominee must have
exhibited exemplary character and at least one-year residence at
AMACC/AMACU. He/she should have maintained a cumulative GWA of
2.50 or better with no failing grade in any academic/non-academic subject
and should have passed the criteria set and endorsed by the Branch
Screening Committee.
Outstanding Project/Feasibility/Thesis /Design Project Award
The award is given to a student or group of students whose terminal project:

feasibility/ Thesis/ capstone/design project grade ranks highest in the
graduating class.
Community Service Leadership Award
This award recognizes civic-minded students with exemplary contribution to

the improvement of the quality of life of their fellow Filipinos through their
selfless and untiring service and dedication. Qualifications are as follows:
1. General weighted average (GWA) of at least 2.5;

2. At least two (2) years residency at AMACC/AMACU;

3. Active involvement in a community extension project (off-campus) for at
least two years (certification to be issued by the Dean/Community
Extension Coordinator);
4. Not be charged with any academic violation.
5. Not be involved in any form of conduct violation
Athletic Award
This award honors a student-athlete who has consistently rendered

outstanding performance in sport competitions. To qualify, a student
athlete must have:
1. Grade point Average (GPA) of at least 2.5.

2. At least two (2) years of residency at AMACC/AMACU;
3. At least two (2) years membership in a varsity team as certified by the
sports coordinator; and
4. Certification of good moral character as certified by the Office of the
Student Affairs.
Loyalty Award
This award is given to graduating students who completed their basic,

secondary and tertiary education at AMACC/AMACU. However, students
with a break in their environment (non-enrollment for a school year) are
disqualified.
DISCIPLINE
STUDENT ACADEMIC HONESTY
The following acts are considered violations of student academic honesty

and are therefore meted with appropriate sanctions:
1. Cheating - the fraudulent or dishonest presentation of work or

presentation of others’ work as one’s own. It includes using or attempting

to use unauthorized materials, information or study aids in any academic
exercise such as:
- Use of books, notes, calculators, Internet, communication or
collaboration with others, which has not been authorized by the
professor;
- During examination, copying from another student’s examination
paper, facilitating other students’ copying and allowing other
students to copy from one’s own paper;
- Submitting or presenting assignments, take home exams or any
work written, prepared or completed in full or in part by someone
else;
- Unauthorized access to or use of examinations tests or quizzes;
- Fabrication, falsification or invention of any information or citation
in an academic exercise, listing sources that were not used in the
academic exercise, reporting of statistical analyses, tests, or other
studies never performed; manipulating or altering data or other
manifestations of research to achieve a desired result; selective
reporting, including the deliberate suppression of conflicting or
unwanted data;
- Using previously completed assignments to satisfy the requirements
of another course without the permission of the instructors involved;
- Handing in the same assignment simultaneously in two or more
courses without the full knowledge and approval of all professors
involved.
2. Plagiarism-the act of taking the words, ideas, data, illustrations or

statements of another person or source and presenting them as one’s
own. Including but not limited to:
- Submitting another author’s published or unpublished work, in
whole, in part, or in paraphrase, as one’s own work, without fully
and properly crediting the other author with footnotes, citations or
other bibliographical reference.
- Submitting as one’s own original work any material, including data,
tables, graphs, charts, or other visual material obtained from any
source, without acknowledgement and citation of the source.
- Submitting as one’s own original work material produced through
unacknowledged collaboration with others, unless such
collaboration is permitted by the instructor.
- Plagiarism is checked on student research.

3. Collusion - assistance or an attempt to assist another student in an act of
academic dishonesty. This can include, but is not limited to:
A. ONSITE
- doing work for another student;
- designing or producing a project for another student; willfully
providing answers during an exam, test or quiz;
- calling a student on a mobile phone while taking an exam and
providing information;
- providing a student with an advance copy of a test;
- leaving inappropriate materials behind at the site of an exam or
test
- altering outcome/results.
B. ONLINE
- Sharing of account access
- Question and answer publishing or sharing on various social media
sites
4. Inappropriate Proxy - is the misrepresentation of one’s own or another’s

identity for academic purposes. Students must attend their own classes
and be present for all examinations. Those impersonated and
impersonators will be suspended or dismissed from the college.
Penalties for violation of academic honesty policy
Penalties for an academic offense may include one or more of the following:
a. Resubmission of the work in question.
b. Submission of additional work for the course in which the offense
occurred.
c. A lowered grade or loss of credit for the work found to be in violation
of the integrity code.
d. A failing grade of 5.00 or UD or denial of credit for the course in which
the offense occurred.
e. Suspension for a period not exceeding twenty percent (20%) of the
prescribed total class days for the school term.

f. Dismissal (for a specified term or permanently) from the college.
Penalties (a)–(c) are levied by the Dean after hearing the case and with the
concurrence of the faculty member bringing the charge.
Penalties (d)–(f) are levied by the Dean after hearing the case with the
concurrence of the duly constituted academic investigation committee.
Disciplinary actions (d)–(f) will become a permanent part of the student’s

academic record, with appropriate notation indicating that there has been
a violation of the academic honesty policy.
* Proceedings:
1. The student shall be informed in writing of the nature and cause of any
accusation against him, and required to answer the accusation in writing.
If the student is a minor, the parent or the guardian shall be furnished with
a copy of a show cause letter;
2. If the student denies the accusation or alleges some fact or matter in
justification or mitigation of the offense, the institution shall form a fact
finding committee to hear and receive evidence;
3. In all stages of the proceedings, the student shall have the right to
assistance of a counsel of his choice;
4. The student shall have the right to listen to, and examine the evidence
presented against him, to ask clarificatory questions through the fact
finding committee, and to present evidence on his behalf;
5. The fact-finding committee must consider the pieces of evidence
presented, and received during the proceedings;
6. The student shall be informed in writing of the decision promulgated in his
case; and
7. If the student is found culpable, the appropriate penalties shall be
imposed.
*Section 105 CHED Manual 2008
The student may not withdraw from a course in which an infraction has
been found and a penalty applied and no refund or cancellation of tuition
fees will be permitted in such cases. Student shall have the right to appeal
after the decision has been made final.

STUDENT DISCIPLINARY POLICY
All AMACC/AMACU students are expected to conduct and present

themselves in a decent manner, abiding by the generally accepted norms
of good behavior at all times and observe courtesy and decorum in dealing
with fellow students, personnel, faculty members and administrators.
AMACC/AMACU students shall be responsible in knowing, understanding

and complying with the contents of the memoranda, circulars,
announcements, letters, notices, directives and the like affecting them, as
may be regularly posted and/or disseminated by the school authorities.
Every AMACC/AMACU student shall observe the laws of the Republic of the
Philippines, the rules and regulations of the school as provided herein and
as may necessarily be promulgated from time to time, and the standards of
good society.
The following acts or omissions are deemed improper student conduct for
which a student may be subject accordingly to disciplinary action, to wit:
1. Failing to properly wear valid ID card while inside the school; failing to
report the loss of ID card to the College Dean/education coordinator
within 24 hours and have a replacement of the same within 48 hours;
failing to surrender lost and found ID card within 48 hours while still in
possession of a replacement ID card; failing to present ID card when
requested by school authorities, faculty, personnel or guard on duty.
1st violation – Warning

2nd violation – Reprimand/Censure
3rd violation – Suspension
2. Using for official school purposes or transaction own ID card, which is

neither authorized nor valid.

1st violation– Warning to Reprimand with Confiscation of ID
2nd violation – Suspension with Confiscation of ID
3rd violation – Suspension to Non-readmission with
Confiscation of ID
3. Unauthorized stay in, or entry to the school after 9:00 o’clock in the
evening.
1st violation – Warning to Reprimand / Censure

2nd violation – Reprimand/Censure to Suspension
3rd violation – Suspension to Dismissal / Non-readmission
4. Littering disposable materials such as but not limited to bottles, cans,

pieces of paper, plastic and the like in the classroom, library and other
places in the school.
1st violation – Warning

2nd violation – Reprimand/Censure
3rd violation – Reprimand/Censure to
Suspension
5. Posting, distributing or disseminating notices, posters, leaflets,

broadsheets, opinionaires, questionnaires, streamers, pop sheets, surveys or
similar materials without the approval of the College Dean/education
coordinator.
1st violation - Warning/Censure

2nd violation – Suspension
6. Defaming any student, teacher, personnel, or university authority or his

agents; giving oral, or sending, disseminating or posting any written or
electronically transmitted message or graphics, or demonstrating
offensive gesture, which causes a person or his reputation or good name
to be threatened, harassed, maligned, besmirched, disgraced,
degraded, insulted, ridiculed or defamed.

–
1st violation – Warning/Reprimand to Suspension

2nd violation – Suspension to Dismissal/Non readmission
3rd violation – Dismissal/Non Readmission
7. Producing, possessing, distributing, publishing, exhibiting and/or

disseminating literature, films, prints, plays, shows or similar forms which
are offensive to morals, contrary to law, public order, good custom,
and school policies.
Dismissal/Expulsion *
8. Engaging in lewd, indecent, obscene, immoral or provocative

conduct such as passionate kissing, necking, petting and similar acts
while within the school premises or during a school activity/ function.
1st violation – Warning/Censure/Reprimand to

Suspension
2nd violation – Censure/Reprimand to Suspension/
Dismissal or Non-readmission
3rd violation – Suspension to Dismissal
9. Stealing the property of the school or of property in the possession of,

or owned by a member of the school community; extorting, or making
unauthorized collections or solicitations of money or property from any
student, personnel, faculty member or administrator.
10. Giving money, gift, or token of any kind or giving a treat to a faculty
member concerned or school employee, personnel or official, and/or
any person acting for and in his behalf, in order to obtain any kind of
favor or benefit such as but not limited to exemption from attending
class, lecture, examination, recitation, test, quiz or similar activity, of

leniency or non-submission of plate, project, experiment, report, term
paper, or other requirement such as internship, clerkship, practicum,
community service or similar requirements, or late submission of
overdue, requirement or school equipment.
11. Unlawfully possessing or using explosives of any kind, chemical or

biological substance which can cause harm or injury, or any deadly
weapons such as but not limited to guns, knives, darts, knuckles, pipes,
wrench and the like.
12. Intentionally or negligently damaging, destroying or committing act(s)

of vandalism on property owned or in the possession of another person
or of the school; defacing or tearing off any library book, magazine,
newspaper; damaging or carving tables, chairs, walls; writing, sticking
on or pasting any material on the walls, tables, chairs or other pieces
of furniture; breaking glass windows, showcases, doors, laboratory
equipment, materials, or electrical, mechanical or electronic devices;
tearing or using improperly the curtains; removing or erasing or
tampering with official notices, announcements and posters on bulletin
boards; destroying or tampering with any school property; disobeying
rules on the proper use of facilities including fraudulent use of school
computers, network systems or computer files; abusing computer
equipment (e.g., computer stalking and harassment, stealing, deleting
information, Internet theft or knowingly introducing a computer virus)
or gaining unauthorized access to computer resources on campus, or
committing similar acts.
1st violation – Suspension to Dismissal/Non-readmission

2nd violation – Dismissal/Non-readmission
13. Knowingly and without consent or authorization possessing, removing,

using, misappropriating, or selling the property or services of another
person or of the school; defrauding or procuring services or materials
of the school or persons under false pretenses; obtaining the property

–
of another person or of the school by misrepresentation or deceptive

means;
14. Bringing in or imbibing or dispensing liquor or any intoxicating

beverage; entering the school in a state of intoxication.

Suspension
2nd violation – Suspension to Dismissal/Non-readmission
3rd violation Dismissal/Non-readmission
15. Illegally using, possessing, or distributing narcotics or dangerous drugs

or their derivatives or is under the influence of narcotics, hallucinogens,
dangerous drugs, or controlled substances, except as permitted by
law.
16. Possessing, distributing or selling printed copies of offensive, obscene or

harassing magazines. Offensive material includes, but is not limited to
the following:
Pornographic, nude, semi-nude or other similarly lewd images;
Material displaying excessively violent or graphic content;
Material of racist or sexist or similarly demeaning content; or any
material that in general is understood to be socially and/or
culturally offensive.

Suspension
2nd violation – Suspension to Dismissal with confiscation
3rd violation – Dismissal with confiscation

17. Physically assaulting or encouraging to assault any person within the
premises of the school; participating in any melee, such as but not
limited to brawls, fighting, stabbing, quarreling, hazing which is any act
that injures, degrades or tends to injure, degrade or disgrace any fellow
student or person attending the school; threatening (by any means),
intimidating, coercing or using physical or sexual force in a manner that
endangers the health or safety of another person; creating a hostile
environment, or which reasonably causes another person to be fearful
of physical or emotional harm or abuse; or intentionally harassing or
stalking another person. Harassment includes but is not limited to the
verbal, emotional or sexual.
18. Participating in gambling or other illegal or unauthorized games or

contests of chance inside the school premises.
1st violation – Warning/Censure to Suspension

2nd violation – Suspension to Dismissal
3rd violation – Dismissal
19. Forging, altering, tampering, falsifying and/or misusing school

documents, records, credentials, receipts, slips, markings, forms or
certifications; copying, reproducing or procuring any unauthorized,
fake or tampered school document, record, credential, receipt, slip,
marking, form, certification, identification card, and the like, or
fabricating fake or spurious copy or semblance of the same AND using
same for any school-related purpose or for any other purpose that puts
the good name of the university in bad light; knowingly furnishing or
using false or forged information in connection with official university
transactions, proceedings, investigations – with fake or spurious
documents, excuse letters, certifications, credentials, markings, or
identification cards or similar supporting materials; publishing false
information about the university, its officials, faculty members,
personnel and students.

–
20. Obstructing or disrupting teaching, administrative work, disciplinary

proceedings or other school activities; impeding, obstructing,
preventing or defeating either the right or obligation of the teacher or
professor to teach his subjects or the right of the student to attend his
classes; behaving violently or excessively disturbs other groups or
individuals.
21. Threatening, coercing, intimidating, compelling any student to be

absent from classes; threatening, coercing, intimidating, preventing
any administrator, faculty member, personnel, or administrator from
discharging his duties.
22. Using a university facility for activities like symposia, meeting, debates,
practices and other such similar activities without having first obtained
the necessary permit from the school director.
1st violation – Suspension to Dismissal/Non-readmission

2nd violation – Dismissal/Non-readmission
23. Using without prior authority the name of AMACU/AMACC in any

ticket, invitation, program, announcement or similar printed matters.

2nd violation – Suspension to Dismissal/Non-readmission
3rd violation – Dismissal/Non-readmission
24. Cheating during examinations and quizzes, or plagiarism in connection

with any academic work, or abetting the commission of the same.
1st violation - Warning with invalidation of grade
2nd violation – Censure to Suspension with

invalidation of grade
3rd violation – Suspension to Dismissal/Non-
readmission with invalidation of grade
25. Abusive behaviors or discourtesy towards school officials, faculty

members, personnel, guards and other school officers.
1st violation – Warning to Suspension

2nd violation – Censure/Reprimand to Suspension
3rd violation – Suspension to Dismissal/Non-readmission
26. Coming to school or attending a school activity, occasion or function

in an attire or grooming not appropriate for the said activity, occasion
or function and/or not in accordance with basic decency and good
custom or with duly established academic policy.
1st violation – Warning to Suspension

2nd violation – Reprimand/Censure to Suspension
3rd violation – Suspension to Dismissal
27. Failure to exhibit good sportsmanship while participating in or watching

any athletic event. The following are considered evidence of poor
sportsmanship, which can be used as basis for game officials,
supervisors and administration personnel to warn, penalize or remove
participants/players or teams from the athletic event:
- unnecessary delay of game

- participation under a false name
- use of profanity
- striking or shoving an opponent or official
- arguing with officials concerning judgment calls
- derogatory and abusive remarks
- any action intended to physically harm an official
- any action that shows disregard for the rules or policies of the
Athletics Department

–

2nd violation – Censure to Dismissal/Non-readmission
3rd violation – Suspension to Dismissal/Non-readmission
Note: * Depending on the gravity of the offense
Conduct Outside the School
Every student is always identified with the school to which he/she belongs.
While outside the school, the student should also observe generally
accepted rules of conduct and norms of behavior.
As such every student is called upon:

1. To uphold the academic integrity of the school;
2. To conduct himself/herself with dignity and honor and to abide by all
instructions of authorities when representing AMACC/AMACU in any
authorized activity;
3. To participate in religious, civic, social and like activities/programs,
approved by the university.
4. to keep away from establishments of ill repute such as gambling joints,
sauna parlors, drinking places, pot session dens, and other similar places;
and to avoid associating with persons of questionable character and
conduct;
Although AMA cannot be held responsible for the conduct of its students
outside the school premises, bad conduct of any of its students outside the
school can be a cause for disciplinary action.
Violation of any of the foregoing shall be taken on a case-by-case basis

and the penalty shall be based on the facts and circumstances
surrounding the case.
JURISDICTION AND VENUE

The Office of the Student Affairs where the respondent student is officially
enrolled as of the date of alleged commission of the offense shall have
jurisdiction over the case regardless of the place where said offense was
allegedly or was proved to have been committed.
Jurisdiction may however be transferred from one campus to another
upon the approval of the president or his authorized representative.
SANCTIONS
Any violation of the rules and regulations shall be subject to disciplinary

action and the imposition of corresponding penalty as may be determined
by the investigation committee and without prejudice to other
sanctions/measures that it may take under the circumstances. Such
disciplinary action and/or penalties are herein below defined:
Warning
It is a notice, oral or written to the student that continuation or repetition of
specified conduct may be a cause for other disciplinary action.
Reprimand
It is a severe form of formal rebuke by a person in authority.
Censure
This may either be an oral or written reprimand for violation of specified
regulation(s).
Restitution
Repayment of the direct cost for damages or services resulting from a
violation.

Article 14, Section 77 of the Manual of Regulations for Private Schools, 1992,
8th Edition, Annotated describes the three (3) categories of disciplinary
administrative sanction which may be imposed on erring students
commensurate with the nature and gravity of the violation of school rules
and regulations as follows:
Suspension
A school is allowed to deny or deprive an erring student of attendance in
classes during the school year or term for a maximum period not exceeding
20% of the prescribed school days. Suspension of more than 20% of the
prescribed school days that will involve the loss of the entire year of term
shall not be imposed unless approved by the President. There are two (2)
kinds of suspensions: punitive suspension and preventive suspension.
a. Punitive suspension—refers to the school’s prevention of a

student from attending class and thus from taking any
examinations, quizzes and graded recitations given during the
specified period. Since he is not excused from these graded
works, he shall be given a failing mark for not having taken
them; nor will he be given special examinations to make up for
them later.
b. Preventive suspension — is not a penalty but a deterrent to the

disruption of normal school operations (or the threat to lives and
property) that may be caused by the continued presence of a
student-offender on campus.
Exclusion or Dismissal
This is a penalty in which the school is allowed to exclude or drop the name
of the student from the school enrolment list for being undesirable or dismiss
the student during the term and not allow him/her to finish the term. Upon
exclusion, the school should immediately issue the transfer credentials to
the erring student. The decision of the school on every case involving
penalty of exclusion from the school enrolment list together with all the
pertinent papers therefore shall be filed in the school for a period of one (1)
year.
106
Expulsion
The penalty of an expulsion is an extreme penalty on an erring student
consisting of his exclusion from admission to any public or private in the
Philippines and requires the prior approval of the Commission on Higher
Education (CHED). Expulsion is usually considered proper punishment for
gross misconduct or dishonest and/ or such offenses such as hazing,
carrying deadly weapons, immorality drunk ness, vandalism, hooliganism,
assaulting a teacher or any school authority or his agent or a student,
instigating, leading to a stoppage of classes, preventing or threatening the
students or faculty members or school authorities from discharging their
duties, or from attending the classes or entering school premises, forging or
tampering school records or transfer form or securing or using such forged
transfer credentials and others as specified.
The decision of the school on every case involving the penalty of expulsion
together with the supporting papers shall be forwarded to a CHED Regional
Office concerned within ten (10) days from the termination of the
investigation of each case. Based on the foregoing, a student may be
dropped from the role during the school year or term.
* DUE PROCESS
The student shall be informed in writing of the nature and cause of any
accusation against him, and required to answer the accusation in writing.
If the student is a minor, the parent or the guardian shall be furnished with
a copy of a show cause letter;
1. If the student denies the accusation or alleges some fact or matter in
justification or mitigation of the offense, the Student Disciplinary Tribunal
shall hear and receive evidence;
2. In all stages of the proceedings, the student shall have the right to
assistance of a counsel of his choice;
3. The student shall have the right to listen to, and examine the evidence
presented against him, to ask clarificatory questions through the fact
finding committee, and to present evidence on his behalf;
4. The fact-finding committee must consider the pieces of evidence
presented, and received during the proceedings;
5. The student shall be informed in writing of the decision promulgated in
his case; and
107
6. If the student is found culpable, the appropriate penalties shall be
imposed.
* Sec. 105 CHED Manual 2008
STUDENT ORGANIZATIONS
Student organizations exist solely on the basis of camaraderie, unity and

purposes explicitly stated in the organization’s constitution. Duly recognized
student organizations’ objective should be in line with AMACC/AMACU’s
mission and objectives. Students who wish to form, establish or participate
in student organizations will be allowed to do so but will be subjected to
rules and regulation as promulgated by the AMACC/AMACU policies and
procedures.
The Office of the Student Affairs (OSA) is tasked to approve/supervise

student organization. Specifically, OSA is responsible in implementing the
following:
1. Recognition of student organization or its suspension if the need arises

and in accordance with the violation as set forth by the Office of the
Student Affairs. Application for recognition is scheduled within the first
two months of the first term of a particular school year.
2. Approval of faculty as recommended by the officer of the student
organization.
3. Approval and disapproval of student activity as reckoned from
AMACC/AMACU mission and institutional objectives.
4. Mediates and renders a decision in case of conflict between and among
organizations.
Requirements for Recognition / Renewal of Student Organizations
1. Application Form to be secured from Office of the Student Affair within

the required period (first two months of the first semester/trimester)
2. Constitution and By-Laws
3. Member – a composition of 10-20 for start up
4. Set the Interim Officer with pertinent information as Year level, course,
address and Telephone Number
108
5. Annual Program of Activities
6. Progress reports of activities for organizations who will be seeking
renewal
7. Faculty Adviser/s
8. Monetary Collection/Financial Report
Ban on All Forms of Fraternities and/or illegal Organizations
All forms of fraternities and/or illegal organizations are not allowed in the
institution. Hence, all bona fide students of AMACC/AMACU are dissuaded
to join these kinds of associations. Any student proven and/or found to be
a member of any fraternity and/or illegal organization shall face severe
sanction based on the established student conduct policy.
Source Verification of Posters / Teasers / Leaflets
AMACC/AMACU recognizes the students’ freedom of expression.

However, to ensure the responsible ventilation of views, opinions and the
like, students are required to have all posters, teasers and similar items
checked and approved for posting by the OSA/School Director.
Selling of Tickets / Solicitations
Any group/student organization that intends to sell tickets or solicit

contribution as part of a fund raising activity must initially secure a written
approval from the School Director. Note that solicitation of any kind by
faculty members from the student is strictly prohibited.
Student Activities
Organizers of student activities must secure a permit from the School

Director least seven (7) days before the scheduled activity. The School
Director may regulate the time, place, and manner of such activities in
order to ensure that normal academic function shall not be disrupted.
Proposed student activity should be coursed through the Office of the

School Director a week before the actual event. If the activity is academic,
109
a written request should be submitted and recommended by the College
Dean and approved by the School Director at least 1 week before the
event.
Any monetary/ pecuniary collection that the organization undertakes

requires the approval / supervision of the School Director. If the organization is
engaged in ticket selling, the tickets should be properly stamped at the
Office of the School Director verifying the number as reflected in the
proposal, the expenses incurred and the intended budget for
implementation of the project.
The use of facilities and security services for certain activities should be
approved a week prior to the intended event.
Outside activities require the submission of waiver to be duly signed by

parents or guardians and consequently forwarded to the Office of the
Student Affairs a week before the activity. This should include the names of
students who wish to join, the purpose and the financial requirements.
A one (1) week moratorium on all co-curricular and extra-curricular

activities prior to the calendar dates of the Mid Term, Pre-Finals and Final
Exams shall be strictly observed to allow student enough time to prepare
and review for the exam at hand.
STUDENT SERVICES AND FACILITIES
Library
A. ONSITE
The library is open from Monday to Saturday. Only bonafide members of
the AMACC/AMACU community are allowed to use the library. Outsiders
may use the library facilities only upon prior written request from the librarian
of the applicant’s institution and approval of the School Director.
AMACC/AMACU students must secure a library card in order to borrow
books from the library.
Books in the circulation section maybe borrowed for three (3) school days
while reserved books can only be borrowed overnight. AMACC/AMACU
110
maintains an open shelf system in order that the books will be more
accessible to the students.
Borrowing Privileges and Loan Periods

1. Circulation books may be taken out for overnight use and should be
returned within three (3) days.
2. Students may borrow a maximum of three (3) books of different subjects
overnight. The books may be renewed if such reference materials are
not in demand.
3. Faculty is allowed to borrow at most five (5) books at a given time for a
period of one week and renewable for another week if not in demand;
however the books should be kept in the faculty room at all times.
4. All textbooks and books stamped with “NOT FOR HOME USE” are strictly
to be used within the library premises.
5. A fiction book may be borrowed for five (5) days and is subject for
renewal if the reference material is not in demand.
6. General reference books, theses, newspapers, serials, vertical files, rare
collections must be read inside the library only.
7. Non-book materials such as maps, globes, pictures, vertical files and
newspaper clippings may be borrowed for classroom use upon
arrangement with the librarian.
8. A student who wishes to borrow a non-book material for classroom use
must present a written request approved by the teacher concerned.
The request should indicate the time and the date needed, classroom,
subject and the name of the teacher. The student has to leave his/her
library card together with the request and he/she has to sign the book
card.
9. Books can only be renewed when presented to the librarian for proper
recording.
10. No one is allowed to borrow a book on behalf of another person.
11. One week before the final examination, books and other library
materials will no longer be allowed for home use.
Library Fines
1. Materials that are returned late are subject to the following overdue
fines:
a. Books borrowed for overnight
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Maximum fine is five pesos (Php5.00) per day
b. Books borrowed for photocopy, classroom use and not returned
on time. Maximum fine is ten pesos (Php10.00) per day
c. Overdue fine is discontinued upon report of lost of the book
borrowed. Replacement of the book should be made within two
(2) weeks. After two (2) weeks and no replacement were made,
the fine will be reinstated.
2. Borrowers with overdue books or with standing obligation to the library
will not be allowed to borrow unless all library accounts are settled.
Library Conduct and Discipline
1. Observe silence. Idle conversations, loud laughter and other

unnecessary noise must be avoided.
2. In order not to annoy other library patrons, activities such as eating,
sleeping or doing industrial work are prohibited.
3. Keep the library clean. Don’t litter on the floor or table. Wastebaskets are
provided for the purpose.
4. Keep things in order. Push your chair back against the table when you
leave the library.
5. Smoking, eating and drinking inside the library are strictly prohibited.
6. Vandalism of any form will be dealt with strongly and accordingly.
7. Return books properly.
8. Handle books and other reading materials with care.
Students should not commit acts such as hiding or stealing books or other
library property. Tearing out pages of books or periodicals and forging
signatures are subject to suspension of library privileges. More serious
misdemeanors shall be subjected to appropriate disciplinary actions as
outlined in the student conduct policy.
B. VIRTUAL LIBRARY
1. Open http://virutallibrary.amaes.edu.ph
2. Login using Student USN or ESSA account
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GALE Library
1. Open
https://link.gale.com/apps/commonmenu.do?userGroupName=phama
2. Enter password: discover
Guidance and Counseling
The Guidance and Testing Center was set up in order for students to
discover their aptitude and interests and likewise find solution to their
various problems. The Center has a staff that can assist students in acquiring
the necessary skills in solving future difficulties. The Center offers the
following services:
1. Orientation Service. Aims to facilitate adjustment to AMACC/AMACU life.

2. Individual Inventory Service. Designed to give information about the
student to aid him/her towards self-knowledge and self-realization.
3. Testing. Aims to assist the student to achieve self-knowledge and self-
realization.
4. Information Service. Provides the student with sufficient educational,
social occupational data to guide his/her choices and decisions;
5. Individual and Group Counseling. The most important service of the
Guidance program designed to help the students towards maximum
self-realization and development to a fully integrated, mature and
responsible person.
6. Follow-up Services. Provides career counseling, systematic contacts with
alumni, job placement opportunities, and provision for continuing
education and involvement in the community service; and
7. Research and Evaluation. Provides a systematic evaluation of the
effectiveness of the students’ personnel service offered by
AMACC/AMACU, to be utilized for the improvement of the service.
Health Services
The medical clinical provides free consultation and initial treatment of

minor injuries and sickness. It also extends first aid treatment to emergency
cases. The clinic is headed by the AMACC/AMACU licensed health worker.
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The Dental Clinic undertakes annual dental examination, dental
consultation, dental health education program and emergency dental
treatment arising from dental pain (temporary filling and control of
secondary/ post exhaustion hemorrhage).
Minimum health protocol will be supervised by appointed health personnel

to ensure that the branch is following the government guidelines,
regulations and or restrictions.
Placement Services
The Placement Office is the information focal point for all job descriptions
submitted by recruiting companies and organization. It serves as a bridge
between the academe and the world of the work, maintaining the close
contact with government offices, community agencies, and educational
institutional and industrial firms. These external relations pave the way to
finding employment for our students. The placement office handles the
following function and activities.
1. Career counseling
2. Career Orientation talks
3. Pre-employment talks
4. Job fair (On campus/Virtual)
5. General Assembly for seniors
- Self-assessment
- Resume writing
- Orientation on the different career field
- Job interview training program /Job placement
ACADEMIC –INDUSTRY LINKAGES OFFICES
Function and Activities:
1. Provides practicum students with the companies where they will undergo
training. The nature of business of said companies must be related to the
area of specialization of practicum students.
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2. Establishes linkages with top industrial corporations, government
institutions as well as civic and non-government organizations.
3. Establishes affiliation with professional organizations to keep abreast of
issues concerning the different fields and programs that AMACC/AMACU
offers.
4. Monitors pre- and post-evaluation and documentation of practicum
students through close coordination with the respective training
departments of the partner institutions.
5. Establishes consortia with other schools in terms of faculty, library facilities,
information technology, research and others.
Computer Center
Computer Laboratory rooms provide students with state-of-the-art

computer facilities.
Multimedia Rooms
Multimedia Rooms provide the faculty and the students with richer
teaching-learning experience through the effective use of instructional
media. The AVR houses, collects, organizes and makes available
adequate, overhead projectors, sound system tape recorders and
multimedia system.
Books / School Supplies Store
Book and school supplies stores are located near the canteen. Books,
Manuals and other reading materials are available for sale at reasonable
prices.
Cafeterias and Kiosk
AMACC/AMACU snack counters and kiosks located in the canteen are

made available to provide affordable and nutritious food.
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Related Policies
AMA Education system upholds and protects the right of its community and
the society in general.
Every student should be aware of the following policies:

 RA 10627: Anti-Bullying Act of 2013
 RA 9262: Anti-Violence Against Women and Their Children Act of
2004
 RA 7877: The Anti-Sexual Harassment Act of 1995
 RA 8049: Anti-Hazing Law
 RA 7610: Special Protection of Children Against Abuse, Exploitation
and Discrimination Act
 RA 8504: Philippine AIDS Prevention and Control Act of 1998
 RA 7277: Magna Carta for Person with Disability
 RA 9165: Comprehensive Dangerous Drug Act
 RA 9418: Volunteer Act of 2007
 RA 9512: Environmental Awareness and Education Act
 RA 9710: Gender and development
 RA 10175: Cybercrime Prevention Act of 2012
 RA 10173: Data Privacy Act of 2012
116
[REPUBLIC ACT NO. 10627]
AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO

ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN
THEIR INSTITUTIONS
Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the “Anti-Bullying Act of
2013”.
Section 2. Acts of Bullying. – For purposes of this Act, “bullying” shall refer
to any severe or repeated use by one or more students of a written, verbal
or electronic expression, or a physical act or gesture, or any combination
thereof, directed at another student that has the effect of actually
causing or placing the latter in reasonable fear of physical or emotional
harm or damage to his property; creating a hostile environment at school
for the other student; infringing on the rights of the other student at school;
or materially and substantially disrupting the education process or the
orderly operation of a school; such as, but not limited to, the following:
a. Any unwanted physical contact between the bully and

the victim like punching, pushing, shoving, kicking, slapping, tickling,
headlocks, inflicting school pranks, teasing, fighting and the use of
available objects as weapons;
b. Any act that causes damage to a victim’s psyche and/or

emotional well-being;
c. Any slanderous statement or accusation that causes the

victim undue emotional distress like directing foul language or
profanity at the target, name-calling, tormenting and commenting
negatively on victim’s looks, clothes and body; and
d. Cyber-bullying or any bullying done through the use of

technology or any electronic means.
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Section 3. Adoption of Anti-Bullying Policies. – All elementary and
secondary schools are hereby directed to adopt policies to address the
existence of bullying in their respective institutions. Such policies shall be
regularly updated and, at a minimum, shall include provisions which:
(a) Prohibit the following acts:
(1) Bullying on school grounds; property immediately

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

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

who provides information during an investigation of
bullying, or who is a witness to or has reliable information
about bullying;
(b) Identify the range of disciplinary administrative actions

that may be taken against a perpetrator for bullying or retaliation
which shall be commensurate with the nature and gravity of the
offense: Provided, That, in addition to the disciplinary sanctions
imposed upon a perpetrator of bullying or retaliation, he/she shall
also be required to undergo a rehabilitation program which shall
be administered by the institution concerned. The parents of the
said perpetrator shall be encouraged by the said institution to join
the rehabilitation program;
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(c) Establish clear procedures and strategies for:
(1) Reporting acts of bullying or retaliation;
(2) Responding promptly to and investigating reports

of bullying or retaliation;
(3) Restoring a sense of safety for a victim and

assessing the student’s need for protection;
(4) Protecting from bullying or retaliation of a person

who reports acts of bullying, provides information during
an investigation of bullying, or is witness to or has reliable
information about an act of bullying; and
(5) Providing counseling or referral to appropriate
services for perpetrators, victims and appropriate family
members of said students;
(d) Enable students to anonymously report bullying or

retaliation: Provided, however, That no disciplinary administrative
action shall be taken against a perpetrator solely on the basis of
an anonymous report;
(e) Subject a student who knowingly makes a false

accusation of bullying to disciplinary administrative action;
(f) Educate students on the dynamics of bullying, the

antibullying policies of the school as well as the mechanisms of
such school for the anonymous reporting of acts of bullying or
retaliation;
(g) Educate parents and guardians about the dynamics of

bullying, the anti-bullying policies of the school and how parents
and guardians can provide support and reinforce such policies at
home; and
(h) Maintain a public record of relevant information and

statistics on acts of bullying or retaliation in school: Provided, That
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the names of students who committed acts of bullying or
retaliation shall be strictly confidential and only made available
to the school administration, teachers directly responsible for the
said students and parents or guardians of students who are or
have been victims of acts of bullying or retaliation.
All elementary and secondary schools shall provide students and their
parents or guardians a copy of the anti-bullying policies being adopted
by the school. Such policies shall likewise be included in the school’s
student and/or employee handbook and shall be conspicuously posted
on the school walls and website, if there is any.
The Department of Education (DepED) shall include in its training

programs, courses or activities which shall provide opportunities for school
administrators, teachers and other employees to develop their
knowledge and skills in preventing or responding to any bullying act.
Section 4. Mechanisms to Address Bullying. – The school principal or any

person who holds a comparable role shall be responsible for the
implementation and oversight of policies intended to address bullying.
Any member of the school administration, student, parent or volunteer

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

or designee believes that criminal charges under the Revised
Penal
Code may be pursued against the perpetrator;
(b) Take appropriate disciplinary administrative action;
(c) Notify the parents or guardians of the perpetrator; and
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(d) Notify the parents or guardians of the victim regarding the
action taken to prevent any further acts of bullying or retaliation.
If an incident of bullying or retaliation involves students from more than

one school, the school first informed of the bullying or retaliation shall
promptly notify the appropriate administrator of the other school so that
both may take appropriate action.
Section 5. Reporting Requirement. – All schools shall inform their respective

schools division superintendents in writing about the antibullying policies
formulated within six (6) months from the effectivity of this Act. Such
notification shall likewise be an administrative requirement prior to the
operation of new schools.
Beginning with the school year after the effectivity of this Act, and every
first week of the start of the school year thereafter, schools shall submit a
report to their respective schools division superintendents all relevant
information and statistics on acts of bullying or retaliation. The schools
division superintendents shall compile these data and report the same to
the Secretary of the DepED who shall likewise formally transmit a
comprehensive report to the Committee on Basic Education of both the
House of Representatives and the Senate.
Section 6. Sanction for Noncompliance. – In the rules and regulations to

be implemented pursuant to this Act, the Secretary of the DepED shall
prescribe the appropriate administrative sanctions on school
administrators who shall fail to comply with the requirements under this
Act. In addition thereto, erring private schools shall likewise suffer the
penalty of suspension of their permits to operate.
Section 7. Implementing Rules and Regulations. – Within ninety (90) days

from the effectivity of this Act, the DepED shall promulgate the necessary
rules and regulations to implement the provisions of this Act.
Section 8. Separability Clause. – If, for any reason, any provision of this Act
is declared to be unconstitutional or invalid, the other sections or provisions
hereof which are not affected thereby shall continue to be in full force or
effect.
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Section 9. Repealing Clause. – All laws, decrees, orders, rules and
regulations or parts thereof which are inconsistent with or contrary to the
provisions of this Act are hereby repealed, amended or modified
accordingly.
Section 10. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.
122
[REPUBLIC ACT NO. 9262] March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES.

Philippine Congress Assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Violence

Against Women and Their Children Act of 2004."
Section 2. Declaration of Policy. - It is hereby declared that the State

values the dignity of women and children and guarantees full respect for
human rights. The State also recognizes the need to protect the family and
its members particularly women and children, from violence and threats
to their personal safety and security. Towards this end, the State shall exert
efforts to address violence committed against women and children in
keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human
Rights, the convention on the Elimination of all forms of discrimination
Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.
Section 3. Definition of Terms. - As used in this Act:
(a) "Violence against women and their children" refers to any act or a
series of acts committed by any person against a woman who is his wife,
former wife, or against a woman with whom the person has or had a
sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation
of liberty. It includes, but is not limited to, the following acts:
123
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:
124
1. Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
2. Deprivation or threat of deprivation of financial

resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. Destroying household property;
4. Controlling the victims' own money or properties

or solely controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the

woman or her child resulting to the physical and psychological or
emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined

pattern of psychological and behavioral symptoms found in women living
in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who,

knowingly and without lawful justification follows the woman or her child
or places the woman or her child under surveillance directly or indirectly
or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as

husband and wife without the benefit of marriage or are romantically
involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between
two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not
result in the bearing of a common child.
125
(g) "Safe place or shelter" refers to any home or institution maintained
or managed by the Department of Social Welfare and Development
(DSWD) or by any other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older
but are incapable of taking care of themselves as defined under Republic
Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.
Section 4. Construction. - This Act shall be liberally construed to promote

the protection and safety of victims of violence against women and their
children.
Section 5. Acts of Violence Against Women and Their Children. - The crime
of violence against women and their children is committed through any
of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to

engage in conduct which the woman or her child has the right to desist
from or desist from conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or
other harm or threat of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not limited to, the
following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:
126
(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; and
(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;
127
(4) Destroying the property and personal belongings
or inflicting harm to animals or pets of the woman or her
child; and
(5) Engaging in any form of harassment or violence.

(i) Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse,
and denial of financial support or custody of minor
children of access to the woman's child/children.
Section 6. Penalties. - The crime of violence against women and their

children, under Sec. 5 hereof shall be punished according to the following
rules:
(a) Acts falling under Sec. 5(a) constituting attempted,

frustrated or consummated parricide or murder or homicide shall
be punished in accordance with the provisions of the Revised
Penal
Code;
If these acts resulted in mutilation, it shall be punishable in

accordance with the Revised Penal Code; those constituting
serious physical injuries shall have the penalty of prison mayor;
those constituting less serious physical injuries shall be punished by
prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor;
Acts falling under Sec. 5(b) shall be punished by imprisonment of

two degrees lower than the prescribed penalty for the
consummated crime as specified in the preceding paragraph
but shall in no case be lower than arresto mayor;
(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by
arresto mayor;
(c) Acts falling under Sec. 5(e) shall be punished by prision

correccional;
128
(d) Acts falling under Sec. 5(f) shall be punished by arresto
mayor;
(e) Acts falling under Sec. 5(g) shall be punished by prision

mayor;
(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished
by prision mayor.
If the acts are committed while the woman or child is pregnant or

committed in the presence of her child, the penalty to be applied
shall be the maximum period of penalty prescribed in the Sec. In
addition to imprisonment, the perpetrator shall (a) pay a fine in
the amount of not less than One hundred thousand pesos
(P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
Section 7. Venue. - The Regional Trial Court designated as a Family Court

shall have original and exclusive jurisdiction over cases of violence against
women and their children under this law. In the absence of such court in
the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed
at the option of the compliant.
Section 8. Protection Orders. - A protection order is an order issued under

this act for the purpose of preventing further acts of violence against a
woman or her child specified in Sec. 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:
129
(a) Prohibition of the respondent from threatening to commit
or committing, personally or through another, any of the acts
mentioned in Sec. 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
130
percentage of the income or salary of the respondent to be
withheld regularly by the respondent's employer for the same to
be automatically remitted directly to the woman. Failure to remit
and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of

any firearm or deadly weapon and order him to surrender the
same to the court for appropriate disposition by the court,
including revocation of license and disqualification to apply for
any license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to
surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on
matter;
(i) Restitution for actual damages caused by the violence inflicted,

including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide
petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary
to protect and provide for the safety of the petitioner and any designated
family or household member, provided petitioner and any designated
family or household member consents to such relief.
Any of the reliefs provided under this Sec. 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:
131
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the

fourth civil degree of consanguinity or affinity;
(d) Officers or social workers of the DSWD or social workers of

local government units (LGUs);
(e) Police officers, preferably those in charge of women and

children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the

petitioner;
(h) At least two (2) concerned responsible citizens of the city

or municipality where the violence against women and their
children occurred and who has personal knowledge of the
offense committed.
Section 10. Where to Apply for a Protection Order. – Applications for BPOs
shall follow the rules on venue under Sec. 409 of the Local Government
Code of 1991 and its implementing rules and regulations. An application
for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial
jurisdiction over the place of residence of the petitioner: Provided,
however, That if a family court exists in the place of residence of the
petitioner, the application shall be filed with that court.
Section 11. How to Apply for a Protection Order. – The application for a
protection order must be in writing, signed and verified under oath by the
applicant. It may be filed as an independent action or as incidental relief
in any civil or criminal case the subject matter or issues thereof partakes of
a violence as described in this Act. A standard protection order
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application form, written in English with translation to the major local
languages, shall be made available to facilitate applications for
protections order, and shall contain, among other, the following
information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and

respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as

specified in Sec. 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a

protection order in another court.
If the applicants is not the victim, the application must be accompanied

by an affidavit of the applicant attesting to (a) the circumstances of the
abuse suffered by the victim and (b) the circumstances of consent given
by the victim for the filling of the application. When disclosure of the
address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is
residing in the municipality or city over which court has territorial
jurisdiction, and shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a court shall be considered

an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the

preparation of the application. Law enforcement agents shall also extend
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assistance in the application for protection orders in cases brought to their
attention.
Section 12. Enforceability of Protection Orders. – All TPOs and PPOs issued
under this Act shall be enforceable anywhere in the Philippines and a
violation thereof shall be punishable with a fine ranging from Five
Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
Section 13. Legal Representation of Petitioners for Protection Order. – If the

woman or her child requests in the applications for a protection order for
the appointment of counsel because of lack of economic means to hire
a counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application.
If the PAO determines that the applicant can afford to hire the services of
a counsel de parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the
perpetrator, shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from
representing the petitioner.
Section 14. Barangay Protection Orders (BPOs); Who May Issue and How.
- Barangay Protection Orders (BPOs) refer to the protection order issued
by the Punong Barangay ordering the perpetrator to desist from
committing acts under Sec. 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.
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The parties may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.
Section 15. Temporary Protection Orders. – Temporary Protection Orders

(TPOs) refers to the protection order issued by the court on the date of
filing of the application after ex parte determination that such order
should be issued. A court may grant in a TPO any, some or all of the reliefs
mentioned in this Act and shall be effective for thirty (30) days. The court
shall schedule a hearing on the issuance of a PPO prior to or on the date
of the expiration of the TPO. The court shall order the immediate personal
service of the TPO on the respondent by the court sheriff who may obtain
the assistance of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the issuance of
a PPO.
Section 16. Permanent Protection Orders. – Permanent Protection Order

(PPO) refers to protection order issued by the court after notice and
hearing.
Respondents non-appearance despite proper notice, or his lack of a

lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondents appears without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the respondent
and immediately proceed with the hearing. In case the respondent fails
to appear despite proper notice, the court shall allow ex parte
presentation of the evidence by the applicant and render judgment on
the basis of the evidence presented. The court shall allow the introduction
of any history of abusive conduct of a respondent even if the same was
not directed against the applicant or the person for whom the applicant
is made.
The court shall, to the extent possible, conduct the hearing on the merits
of the issuance of a PPO in one (1) day. Where the court is unable to
conduct the hearing within one (1) day and the TPO issued is due to
expire, the court shall continuously extend or renew the TPO for a period
of thirty (30) days at each particular time until final judgment is issued. The
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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 Sec. 8 hereof
in a PPO. A PPO shall be effective until revoked by a court upon
application of the person in whose favor the order was issued. The court
shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of
the lapse of time between the act of violence and the filing of the
application.
Regardless of the conviction or acquittal of the respondent, the Court

must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear showing that
the act from which the order might arise did not exist.
Section 17. Notice of Sanction in Protection Orders. – The following

statement must be printed in bold-faced type or in capital letters on the
protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
Section 18. Mandatory Period For Acting on Applications For Protection

Orders – Failure to act on an application for a protection order within the
reglementary period specified in the previous Sec. without justifiable
cause shall render the official or judge administratively liable.
Section 19. Legal Separation Cases. – In cases of legal separation, where

violence as specified in this Act is alleged, Article 58 of the Family Code
shall not apply. The court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing on any application
for a protection order filed by the petitioner must be conducted within the
mandatory period specified in this Act.
Section 20. Priority of Application for a Protection Order. – Ex parte and

adversarial hearings to determine the basis of applications for a
protection order under this Act shall have priority over all other
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proceedings. Barangay officials and the courts shall schedule and
conduct hearings on applications for a protection order under this Act
above all other business and, if necessary, suspend other proceedings in
order to hear applications for a protection order.
Section 21. Violation of Protection Orders. – A complaint for a violation of

a BPO issued under this Act must be filed directly with any municipal trial
court, metropolitan trial court, or municipal circuit trial court that has
territorial jurisdiction over the barangay that issued the BPO. Violation of a
BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to any other criminal or civil action that the offended party may
file for any of the acts committed.
A judgement of violation of a BPO may be appealed according to the

Rules of Court. During trial and upon judgment, the trial court may motu
proprio issue a protection order as it deems necessary without need of an
application.
Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 of the Rules of
Court, without prejudice to any other criminal or civil action that the
offended party may file for any of the acts committed.
Section 22. Applicability of Protection Orders to Criminal Cases. – The

foregoing provisions on protection orders shall be applicable in impliedly
instituted with the criminal actions involving violence against women and
their children.
Section 23. Bond to Keep the Peace. – The Court may order any person
against whom a protection order is issued to give a bond to keep the
peace, to present two sufficient sureties who shall undertake that such
person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be

detained for a period which shall in no case exceed six (6) months, if he
shall have been prosecuted for acts punishable under Sec. 5(a) to 5(f)
and not exceeding thirty (30) days, if for acts punishable under Sec. 5(g)
to 5(i).
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The protection orders referred to in this Sec. are the TPOs and the PPOs
issued only by the courts.
Section 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall
prescribe in twenty (20) years. Acts falling under Sec.s 5(g) to 5(i) shall
prescribe in ten (10) years.
Section 25. Public Crime. – Violence against women and their children
shall be considered a public offense which may be prosecuted upon the
filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
Section 26. Battered Woman Syndrome as a Defense. – Victim-survivors

who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of selfdefense
under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering
from battered woman syndrome at the time of the commission of the
crime, the courts shall be assisted by expert psychiatrists/ psychologists.
Section 27. Prohibited Defense. – Being under the influence of alcohol, any
illicit drug, or any other mind-altering substance shall not be a defense
under this Act.
Section 28. Custody of children. – The woman victim of violence shall be

entitled to the custody and support of her child/children. Children below
seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the
court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be

disqualified from having custody of her children. In no case shall custody
of minor children be given to the perpetrator of a woman who is suffering
from Battered woman syndrome.
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Section 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court
personnel should observe the following duties when dealing with victims
under this Act:
a) communicate with the victim in a language understood

by
the woman or her child; and
b) inform the victim of her/his rights including legal remedies

available and procedure, and privileges for indigent litigants.
Section 30. Duties of Barangay Officials and Law Enforcers. – Barangay

officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for
assistance or protection of the victim by entering the necessary
whether or not a protection order has been issued and ensure the
safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the

perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their

choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the

house;
(e) assist the barangay officials and other government officers

and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by

the Punong Barangay or the courts;
(g) arrest the suspected perpetrator without a warrant when

any of the acts of violence defined by this Act is occurring, or
when he/she has personal knowledge that any act of abuse has
just been committed, and there is imminent danger to the life or
limb of the victim as defined in this Act; and
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(h) immediately report the call for assessment or assistance of
the DSWD, social Welfare Department of LGUs or accredited non-
government organizations (NGOs).
Any barangay official or law enforcer who fails to report the

incident shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.
Section 31. Healthcare Provider Response to Abuse – Any healthcare

provider, including, but not limited to, an attending physician, nurse,
clinician, barangay health worker, therapist or counselor who suspects
abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional

or psychological injuries;
(b) properly record any of victim's suspicions, observations

and circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical

certificate concerning the examination or visit;
(d) safeguard the records and make them available to the

victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of

rights and remedies provided under this Act, and services
available to them.
Section 32. Duties of Other Government Agencies and LGUs – Other

government agencies and LGUs shall establish programs such as, but not
limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such
violence particularly towards educating the public on its social impacts.
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It shall be the duty of the concerned government agencies and LGU's to
ensure the sustained education and training of their officers and personnel
on the prevention of violence against women and their children under the
Act.
Section 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or

the court hearing an application for a protection order shall not order,
direct, force or in any way unduly influence he applicant for a protection
order to compromise or abandon any of the reliefs sought in the
application for protection under this Act. Sec. 7 of the Family Courts Act
of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code
of 1991 shall not apply in proceedings where relief is sought under this Act.
Failure to comply with this Sec. shall render the official or judge
administratively liable.
Section 34. Persons Intervening Exempt from Liability. – In every case of

violence against women and their children as herein defined, any person,
private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim, shall not
be liable for any criminal, civil or administrative liability resulting therefrom.
Section 35. Rights of Victims. – In addition to their rights under existing laws,
victims of violence against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the

Department of Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as

provided for under the Family Code; and
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(e) To be informed of their rights and the services available to
them including their right to apply for a protection order.
Section 36. Damages. – Any victim of violence under this Act shall be
entitled to actual, compensatory, moral and exemplary damages.
Section 37. Hold Departure Order. – The court shall expedite the process
of issuance of a hold departure order in cases prosecuted under this Act.
Section 38. Exemption from Payment of Docket Fee and Other Expenses. –
If the victim is an indigent or there is an immediate necessity due to
imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment
of the filing fee and other fees and of transcript of stenographic notes.
Section 39. Inter-Agency Council on Violence Against Women and Their

Children (IAC-VAWC). In pursuance of the abovementioned policy, there
is hereby established an Inter-Agency Council on Violence Against
Women and their children, hereinafter known as the Council, which shall
be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
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(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to

eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the needs of
their clients.
The Council will also serve as the monitoring body as regards to VAW
initiatives. The Council members may designate their duly authorized
representative who shall have a rank not lower than an assistant secretary
or its equivalent. These representatives shall attend Council meetings in
their behalf, and shall receive emoluments as may be determined by the
Council in accordance with existing budget and accounting rules and
regulations.
Section 40. Mandatory Programs and Services for Victims. – The DSWD,
and LGU's shall provide the victims temporary shelters, provide counseling,
psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.
The DOH shall provide medical assistance to victims.
Section 41. Counseling and Treatment of Offenders. – The DSWD shall

provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and emotional outbursts
and reforming their ways. When necessary, the offender shall be ordered
by the Court to submit to psychiatric treatment or confinement.
Section 42. Training of Persons Involved in Responding to Violence Against

Women and their Children Cases. – All agencies involved in responding to
violence against women and their children cases shall be required to
undergo education and training to acquaint them with:
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a. the nature, extend and causes of violence against women
and their children;
b. the legal rights of, and remedies available to, victims of

violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest

and to offer protection and assistance; and
e. techniques for handling incidents of violence against

women and their children that minimize the likelihood of injury to
the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and

training program for police officers and barangay officials to enable
them to properly handle cases of violence against women and their
children.
Section 43. Entitled to Leave. – Victims under this Act shall be entitled to
take a paid leave of absence up to ten (10) days in addition to other paid
leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this Sec.
shall be penalized in accordance with the provisions of the Labor Code
and Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under
this Act shall likewise be liable for discrimination.
Section 44. Confidentiality. – All records pertaining to cases of violence

against women and their children including those in the barangay shall
be confidential and all public officers and employees and public or
private clinics to hospitals shall respect the right to privacy of the victim.
Whoever publishes or causes to be published, in any format, the name,
address, telephone number, school, business address, employer, or other
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identifying information of a victim or an immediate family member,
without the latter's consent, shall be liable to the contempt power of the
court. Any person who violates this provision shall suffer the penalty of one
(1) year imprisonment and a fine of not more than Five Hundred Thousand
pesos (P500,000.00).
Section 45. Funding – The amount necessary to implement the provisions

of this Act shall be included in the annual General Appropriations Act
(GAA).
The Gender and Development (GAD) Budget of the mandated agencies

and LGU's shall be used to implement services for victim of violence
against women and their children.
Section 46. Implementing Rules and Regulations. – Within six (6) months
from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG,
the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.
Section 47. Suppletory Application – For purposes of this Act, the Revised
Penal Code and other applicable laws, shall have suppletory application.
Section 48. Separability Clause. – If any Sec. or provision of this Act is held
unconstitutional or invalid, the other Sec.s or provisions shall not be
affected.
Section 49. Repealing Clause – All laws, Presidential decrees, executive

orders and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 50. Effectivity – This Act shall take effect fifteen (15) days from the
date of its complete publication in at least two (2) newspapers of general
circulation. Approved: March 08, 2004
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AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

Section 1. Title. – This Act shall be known as the "Anti-Sexual Harassment Act
of 1995."
Section 2. Declaration of Policy. – The State shall value the dignity of every
individual, enhance the development of it human resources, guarantee full
respect for human rights, and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing training,
instruction or education. Towards this end, all forms of sexual harassment in
the employment, education or training environment are hereby declared
unlawful.
Section 3. Work, Education or Training-related Sexual Harassment Defined.

– Work, education or training-related sexual harassment is committed by
an employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having
authority, influence or moral ascendancy over another in a work or training
or education environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment

is committed when:
(1) The sexual favor is made as a condition in the hiring or in

the employment, re-employment or continued employment of
said individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in a way would discriminate,
146
deprive or diminish employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employee’s rights or

privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or

offensive environment for the employee.
(b) In an education or training environment, sexual harassment is

committed:
(1) Against one who is under the care, custody or supervision

of the offender;
(2) Against one whose education, training, apprenticeship or

tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of

a passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges, or
considerations; or
(4) When the sexual advances result in an intimidating, hostile

or offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission
thereof by another without which it would not have been committed, shall
also be held liable under this Act.
Section 4. Duty of the Employer or Head of Office in a Work-related,

Education or Training Environment. – It shall be the duty of the employer or
the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution
of acts of sexual harassment. Towards this end, the employer or head of
office shall:
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(a) Promulgate appropriate rules and regulations in
consultation with the jointly approved by the employees or
students or trainees, through their duly designated representatives,
prescribing the procedure for the investigation or sexual
harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the

proper courts for unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this subsection (a)
shall include, among others, guidelines on proper decorum in the
workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of

cases on sexual harassment. The committee shall conduct
meetings, as the case may be, with other officers and employees,
teachers, instructors, professors, coaches, trainors and students or
trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases
constituting sexual harassment.
In the case of a work-related environment, the committee shall be

composed of at least one (1) representative each from the
management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee

shall be composed of at least one (1) representative from the
administration, the trainors, teachers, instructors, professors or
coaches and students or trainees, as the case maybe.
"The employer or head of office, educational or training institution

shall disseminate or post a copy of this Act for the information of all
concerned”.
Section 5. Liability of the Employer, Head of Office, Educational or Training

Institution. - The employer or head of office, educational or training
148
institution shall be solidarily liable for damages arising from the acts of
sexual harassment committed in the employment, education or training
environment if the employer or head of office, educational or training
institution is informed of such acts by the offended party and no immediate
action is taken.
Section 6. Independent Action for Damages. – Nothing in this Act shall

preclude the victim of work, education or training-related sexual
harassment from instituting a separate and independent action for
damages and other affirmative relief.
Section 7. Penalties. – Any person who violates the provisions of this Act
shall, upon conviction, be penalized by imprisonment of not less than one
(1) month nor more than six (6) months, or a fine of not less than Ten
thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or
both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provision of this Act shall
prescribe in three (3) years.
Section 8. Separability Clause – If any portion or provision of this Act is

declared void and unconstitutional, the remaining portions or provisions
hereof shall not be affected by such declaration.
Section 9. Repealing Clause. – All laws, decrees, orders, rules and

regulations, other issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) national newspaper of
general circulation.
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AN ACT REGULATING HAZING AND OTHER FORM OF INITIATION RITES IN

FRATERNITIES, SORORITIES, AND ORGANIZATIONS AND PROVIDING PENALTIES
THEREFORE
Be it enacted by the Senate and House of Representative of the

Section 1. Hazing as used in this Act is an initiation rite or practice as a

prerequisite for admission into membership in a fraternity, sorority or
organization by placing a recruit, neophyte or applicant in some
embarrassing or humiliating situation such as forcing him to do menial, silly,
foolish and similar tasks or activities or otherwise subjecting him to physical
or psychological suffering or injury.
The term organization shall include any club or the Armed Forces of the
Philippines, National Police, Philippine Military Academy or officer and
cadet corps of the Citizen Military Training or Citizen’s Army Training. The
physical, mental and psychological testing and training procedure and
practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members of the Armed Forces
of the Philippines and the Philippine National Police as approved by the
Secretary of National Defense and the National Police Commission duly
recommended by Chief of Staff, Armed Forces of the Philippines and the
Director General of the Philippine National Police shall not be considered
as hazing for the purpose of this Act.
Section 2. No hazing or initiation rites in any form or manner by a fraternity,

sorority or organization shall be allowed without prior written notice to the
school authorities or head of organization seven (7) days before the
conduct of initiation. The written notice shall indicate the period of the
initiation activities which shall serve not exceed three (3) days, shall include
the names of those subjected to such activities, and shall further contain
an undertaking that no physical violence be employed by anybody during
such initiation rites.
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Section 3. The head of the school or organization or their representatives
must assign at least two (2) representatives of the school or organization, as
the case may be, to be present during the initiation. It is the study of such
representative to see to it that no physical harm of any kind shall be inflicted
upon a recruit, neophyte or applicant.
Section 4. If the person subjected to hazing or other forms of initiation rites

suffers any physical injury or dies as a result thereof, the officers and
members of the fraternity, sorority or organization who actually
participated in the infliction of physical harm shall be liable as principals.
The persons who participated in the hazing shall suffer;
A) The penalty of reclusion Perpetua if death, rape, sodomy,

or mutilation results therefrom.
B) The penalty of reclusion temporal in its maximum period if

in consequence of the hazing the victim shall become insane,
imbecile, impotent or blind.
C) The penalty of reclusion temporal in its maximum period if

in consequence of the hazing victim shall 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
shall have become incapacitated for the activity or work in which
he was habitually engaged.
D) The penalty of reclusion temporal in its minimum period if

in consequence of the hazing victim shall 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 activity or work in which he has habitually engaged for a
period of more than ninety (90) days.
E) The penalty of prison mayor in its maximum period if in

consequence of the hazing victim shall have been ill or
incapacitated for the performance of the activity or work in which
he was habitually engaged for more than thirty (30) days.
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F) The penalty of prison mayor in its medium period if in
consequence of the victim shall have been ill or incapacitated for
the performance of activity or work in which he haws habitually
engaged for ten (10) days or more, or that the injury sustained shall
require medical attendance for the same period.
G) The penalty of prison mayor in its minimum period if in

consequence of the hazing of the victim shall have been ill or
incapacitated for the performance of the activity or work in which
he was habitually engaged from 1-9 days, or that the injury
sustained shall require medical attendance for the same period.
H) The penalty of prison correctional in its maximum period if

in consequence of the hazing the victim shall have sustained
physical injuries, which do not prevent him from engaging in his
habitual activity or work nor require medical attendance.
The responsible officials of the school of the police, military or citizen’s army
training organization may impose the appropriate administrative sanctions
on the person or persons charged under this provision even before their
conviction.
The maximum penalty herein provided shall be imposed in any of the

following instances:
a) When the recruitment is accompanied by force, violence,

threat, intimidation or deceit on the person of the recruit who
refuses to join;
b) When the recruit, neophyte or applicant initially consents

to join but upon learning that hazing will be committed on his
person, is prevented from quitting;
c) When the recruit neophyte or applicant having

undergone hazing is prevented from reporting the unlawful act to
his parents or guardians, to the proper school authorities, or to the
police authorities, through force, violence, threat or intimidation;
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d) When the hazing is committed outside of the school or
institution;
or
e) When the victim is below twelve (12) years of age at the

time of hazing.
The owner of the place where hazing is conducted shall be liable as an

accomplice, when he has actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring. If
the hazing is held in the home of one of the officers or members of the
fraternity, group or organization, the parents shall be held liable as
principals when they have actual knowledge of hazing conducted therein
but failed to take any action to prevent the same from occurring.
The school authorities including faculty members who consent to the

hazing or who have actual knowledge thereof, but failed to take any
action to prevent the same from occurring shall be punished as
accomplices for the acts of hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity

or sorority who actually planned the hazing although not present when the
acts constituting the hazing were committed shall be liable as principals.
Officers or members of an organization group, fraternity or sorority who
knowingly cooperated on carrying out the hazing by inducing the victim to
be present thereat shall be liable as principals. A fraternity or sorority’s
adviser which is present when the acts constituting the hazing were
committed and failed to take any action to prevent the same from
occurring shall be liable as principals.
The presence of any person during the hazing is prima facie evidence of
participation therein as principal unless he prevented the commission of
the acts punishable therein.
Any person charged under this provision shall not be entitled to the
mitigating circumstances that there was intention to commit so grave a
wrong.
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This section shall apply to the president, manager director or other
responsible office of a corporation for employment in the manner provided
therein.
Section 5. If any provision or part of this Act is declared invalid or

unconstitutional, the other parts or provision thereof shall remain valid and
effective.
Section 6. All laws, orders, rules or regulation which are consistent with or
contrary to the provisions of this Act are hereby amended or repeated
accordingly.
Section 7. This act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation.
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AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION

AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR
OTHER PURPOSES

ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of

Children Against Abuse, Exploitation and Discrimination Act.”
Section 2. Declaration of State Policy and Principles. – It is hereby declared

to be the policy of the State to provide special protection to children from
all firms of abuse, neglect, cruelty exploitation and discrimination and other
conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and
crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child
fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person having care and custody of the
same.
It shall be the policy of the State to protect and rehabilitate children

gravely threatened or endangered by circumstances which affect or will
affect their survival and normal development and over which they have
no control.
The best interests of children shall be the paramount consideration in all

actions concerning them, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated
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in the United Nations Convention of the Rights of the Child. Every effort shall
be exerted to promote the welfare of children and enhance their
opportunities for a useful and happy life.
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;
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(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 an 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 above stated

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.
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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
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;
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(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
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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.
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 therefore 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;
(c) When a person, agency, establishment or child-caring

institution recruits women or couples to bear children for the
purpose of child trafficking; or
(d) 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
(e) 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.
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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
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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.
(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,
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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
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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
(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.
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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 16. Penalties. – Any person who shall violate any provision of this
Article shall suffer the penalty of a fine of not less than One thousand pesos
(P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment
of not less than three (3) months but not more than three (3) years, or both
at the discretion of the court; Provided, That, in case of repeated violations
of the provisions of this Article, the offender's license to operate shall be
revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the rights

guaranteed to children under this Act and other existing laws, children of
indigenous cultural communities shall be entitled to protection, survival and
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development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. – The Department of

Education, Culture and Sports shall develop and institute an alternative
system of education for children of indigenous cultural communities which
culture-specific and relevant to the needs of and the existing situation in
their communities. The Department of Education, Culture and Sports shall
also accredit and support non-formal but functional indigenous
educational programs conducted by non-government organizations in
said communities.
Section 19. Health and Nutrition. – The delivery of basic social services in
health and nutrition to children of indigenous cultural communities shall be
given priority by all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and
nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities

shall not be subjected to any and all forms of discrimination. Any person
who discriminate against children of indigenous cultural communities shall
suffer a penalty of arresto mayor in its maximum period and a fine of not
less than Five thousand pesos (P5,000) more than Ten thousand pesos
(P10,000).
Section 21. Participation. – Indigenous cultural communities, through their

duly-designated or appointed representatives shall be involved in
planning, decision-making implementation, and evaluation of all
government programs affecting children of indigenous cultural
communities. Indigenous institution shall also be recognized and
respected.
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ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as

Zones of Peace. It shall be the responsibility of the State and all other sectors
concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain this objective, the following policies
shall be observed.
(a) Children shall not be the object of attack and shall be entitled
to special respect. They shall be protected from any form of threat,
assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the
Armed Forces of the Philippines of its civilian units or other armed
groups, nor be allowed to take part in the fighting, or used as
guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary

health and emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services

including those involved in fact-finding missions from both
government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the
performance of their work;
(e) Public infrastructure such as schools, hospitals and rural

health units shall not be utilized for military purposes such as
command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion

of families temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall

be given priority during evacuation as a result of armed conflict. Existing
community organizations shall be tapped to look after the safety and
wellbeing of children during evacuation operations. Measures shall be
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taken to ensure that children evacuated are accompanied by persons
responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible,

members of the same family shall be housed in the same premises and
given separate accommodation from other evacuees and provided with
facilities to lead a normal family life. In places of temporary shelter,
expectant and nursing mothers and children shall be given additional food
in proportion to their physiological needs. Whenever feasible, children shall
be given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed

Conflict. – Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to the
following rights;
(a) Separate detention from adults except where families are

accommodated as family units;
(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or
guardians of the child; and
(d) Release of the child on recognizance within twenty-four

(24) hours to the custody of the Department of Social Welfare and
Development or any responsible member of the community as
determined by the court.
If after hearing the evidence in the proper proceedings the court should
find that the aforesaid child committed the acts charged against him, the
court shall determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing judgment of
conviction, the court shall suspend all further proceedings and shall commit
such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or
duly-licensed agencies or any other responsible person, until he has had
reached eighteen (18) years of age or, for a shorter period as the court
may deem proper, after considering the reports and recommendations of
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the Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a

representative of the Department of Social Welfare and Development or
any duly-licensed agency or such other officer as the court may designate
subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the
order of the court in the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed

Conflict. – The chairman of the barangay affected by the armed conflict
shall submit the names of children residing in said barangay to the
municipal social welfare and development officer within twenty-four (24)
hours from the occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful

acts committed against the children as enumerated herein may be filed
by the following:
(a) Offended party;
(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of
consanguinity;
(d) Officer, social worker or representative of a licensed

childcaring institution;
(e) Officer or social worker of the Department of Social

Welfare and Development;
(f) Barangay chairman; or
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(g) At least three (3) concerned responsible citizens where the
violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be
immediately placed under the protective custody of the Department of
Social Welfare and Development pursuant to Executive Order No. 56, series
of 1986. In the regular performance of this function, the officer of the
Department of Social Welfare and Development shall be free from any
administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his

name may be withheld from the public until the court acquires jurisdiction
over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in

case of printed materials, announcer or producer in case of television and
radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of
the offended party.
Section 30. Special Court Proceedings. – Cases involving violations of this

Act shall be heard in the chambers of the judge of the Regional Trial Court
duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the
exception of habeas corpus, election cases, and cases involving detention
prisoners and persons covered by Republic Act No. 4908, all courts shall
give preference to the hearing or disposition of cases involving violations of
this Act.
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ARTICLE XII
Common Penal Provisions
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
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(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.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this Act,
the Department of Justice, in coordination with the Department of Social
Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2)
national newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out the

provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and
thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared

invalid or unconstitutional, the remaining provisions not affected thereby
shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with
the provisions of this Acts are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon completion
of its publication in at least two (2) national newspapers of general
circulation.
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AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE

PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A
NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM,
ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM,
STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER
PURPOSES.

Section 1. Title - This act shall be known as the "Philippine AIDS Prevention
and Control Act of 1998."
Section 2. Declaration of Policies - Acquired Immune Deficiency Syndrome

(AIDS) is a disease that recognizes no territorial, social, political and
economic boundaries for which there is no known cure. The gravity of the
AIDS threat demands strong State action today, thus:
(a) The State shall promote public awareness about the

causes, modes of transmission, consequences, means of
prevention and control of HIV/AIDS through a comprehensive
nationwide educational and information campaign organized
and conducted by the State. Such campaigns shall promote value
formation and employ scientifically proven approaches, focus on
the family as a basic social unit, and be carried out in all schools
and training centers, workplaces, and communities. This program
shall involve affected individuals and groups, including people
living with HIV/AIDS.
(b) The State shall extend to every person suspected or known

to be infected with HIV/AIDS full protection of his/her human rights
and civil liberties. Towards this end,
(1) compulsory HIV testing shall be considered

unlawful unless otherwise provided in this Act;
173
(2) the right to privacy of individuals with HIV shall be
guaranteed;
(3) discrimination, in all its forms and subtleties,

against individuals with HIV or persons perceived or
suspected of having HIV shall be considered inimical to
individual and national interest; and
(4) provision of basic health and social services for

individuals with HIV shall be assured.
(c) The State shall promote utmost safety and universal

precautions in practices and procedures that carry the risk of HIV
transmission.
(d) The State shall positively address and seek to eradicate

conditions that aggravate the spread of HIV infection, including
but not limited to, poverty, gender inequality, prostitution,
marginalization, drug abuse and ignorance.
(e) The State shall recognize the potential role of affected

individuals in propagating vital information and educational
messages about HIV/AIDS and shall utilize their experience to warn
the public about the disease.
Section 3. Definition of Terms - As used in this Act, the following terms are
defined as follows:
(a) "Acquired Immune Deficiency Syndrome (AIDS)" - a

condition characterized by a combination of signs and symptoms,
caused by HIV contracted from another person and which attacks
and weakens the body's immune system, making the afflicted
individual susceptible to other life-threatening infections.
(b) "Anonymous Testing" - refers to an HIV testing procedure

whereby the individual being tested does not reveal his/her true
identity. An identifying number or symbol is used to substitute for
the name and allows the laboratory conducting the test and the
174
person on whom the test is conducted to match the test results with
the identifying number or symbol.
(c) "Compulsory HIV Testing" - refers to HIV testing imposed

upon a person attended or characterized by the lack of or vitiated
consent, use of physical force, intimidation or any form of
compulsion.
(d) "Contact tracing" - refers to the method of finding and

counseling the sexual partner(s) of a person who has been
diagnosed as having sexually transmitted disease.
(e) "Human Immunodeficiency Virus (HIV)" - refers to the virus

which causes AIDS.
(f) "HIV/AIDS Monitoring" - refers to the documentation and

analysis of the number of HIV/AIDS infections and the pattern of its
spread. (g) "HIV/AIDS Prevention and Control" - refers to measures
aimed at protecting non-infected persons from contracting HIV
and minimizing the impact of the condition of persons living with
HIV.
(h) "HIV-positive" - refers to the presence of HIV infection as

documented by the presence of HIV antibodies in the sample
being tested.
(i) "HIV-negative" - denotes the absence of HIV or HIV

antibodies upon HIV testing.
(j) "HIV Testing" - refers to any laboratory procedure done on

an individual to determine the presence or absence of HIV
infection.
(k) "HIV Transmission" - refers to the transfer of HIV from one

infected person to an uninfected individual, most commonly
through sexual intercourse, blood transfusion, sharing of
intravenous needles and during pregnancy.
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(I) "High-Risk Behavior"- refers to a person's frequent involvement in
certain activities which increase the risk of transmitting or acquiring
HIV.
(m) "Informed Consent" - refers to the voluntary agreement of

a person to undergo or be subjected to a procedure based on full
information, whether such permission is written, conveyed verbally,
or expressed indirectly.
(n) “Medical Confidentiality” - refers to the relationship of trust

and confidence created or existing between a patient or a person
with HIV and his attending physician, consulting medical specialist
nurse medical technologist and all other health workers or
personnel involved in any counseling, testing, or professional care
of the former; it also applies to any person who, in any official
capacity, has acquired or may have acquired or may have
acquired such confidential information.
(o) "Person with HIV" - refers to an individual whose HIV test

indicates, directly or indirectly, that he/she is infected with HIV.
(p) "Pre-Test Counselling" - refers to the process of providing an

individual information on the biomedical aspects of HIV/AIDS and
emotional support to any psychological implications of
undergoing HIV testing and the test result itself before he/she is
subjected to the test.
(q) "Post-Test Counselling" - refers to the process of providing
risk - reduction information and emotional support to a person who
submitted to HIV testing at the time that the result is released.
(r) "Prophylactic" - refers to any agent or device used to

prevent the transmission of a disease.
(s) "Sexually Transmitted Diseases" - refers to any disease that

may be acquired or passed on through sexual contact.
176
(t) “Voluntary HIV Testing” - refers to HIV testing done on an
individual who, after having undergone pre-test counselling,
willingly submits himself/ herself to such test.
(u) “Window Period" - refers to the period of time, usually

lasting from two weeks to six (6) months during which an infected
individual will test "negative" upon HlV testing but can actually
transmit the infection.
ARTICLE I
EDUCATION AND INFORMATION
Section 4. HIV/AIDS Education in Schools - The Department of Education,

Culture and Sports (DECS), the Commission on Higher Education (CHED),
and the Technical Education and Skills Development Authority (TESDA),
utilizing official information provided by the Department of Health, shall
integrate instruction on the causes, modes of transmission and ways of
preventing HIV/AIDS and other sexually transmitted diseases in subjects
taught in public and private schools at intermediate grades, secondary
and tertiary levels, including non-formal and indigenous learning systems:
Provided, That if the integration of HIV/AIDS education is not appropriate
or feasible, the DECS and TESDA shall design special modules on HIV/ AIDS
prevention and control: Provided, further, That it shall not be used as an
excuse to propagate birth control or the sale or distribution of birth control
devices: Provided, finally, That it does not utilize sexually explicit materials.
Flexibility in the information and adoption of appropriate course content,

scope, and methodology in each educational level or group shall be
allowed after consultations with Parent-Teachers-Community Associations,
Private School Associations, schools officials, and other interest groups. As
such, no instruction shall be offered to minors without adequate prior
consultation with parents who must agree to the thrust and content of the
instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be required to

undergo a seminar or training on HIV/AIDS prevention and control to be
supervised by DECS, CHED and TESDA, in coordination with the Department
of Health (DOH), before they are allowed to teach on the subject.
177
Section 5. HIV/AIDS Information as a Health Service - HIV/AIDS education
and information dissemination shall form part of the delivery of health
services practitioners, workers and personnel. The knowledge and
capabilities of all public health workers shall be enhanced to include skills
for proper Information dissemination and education on HIV/AIDS. It shall
likewise be considered a civic duty of health providers in the private sector
to make available to the public such information necessary to control the
spread of HIV/AIDS and to correct common misconceptions on HIV related
ethical issues such as confidentiality, informed consent and the duty to
provide treatment.
Section 6. HIV/AIDS Education in the Workplace - All government and

private employees, workers, managers, and supervisors, including
members of the Armed Forces of the Philippine s (AFP) and the Philippine
National Police (PNP), shall be provided with the standardized basic
information and instruction on HIV/AIDS which shall include topics
confidentiality in the workplace and attitude towards infected employees
and workers. In collaboration with the Department of Health (DOH), the
Secretary of the Department of Labor and Employment (DOLE) shall
oversee the anti-Hi
V/AIDS campaign in all private companies while the Armed Forces Chief
of Staff and the Director General of the PNP shall oversee the
implementation of this section.
Section 7. HIV/AIDS Education for Filipinos Going Abroad - The State shall
ensure that all overseas Filipino workers and diplomatic, military, trade, and
labor officials and personnel to be assigned overseas shall undergo or
attend a seminar on the cause, prevention and consequences of HIV/AIDS
before certification for overseas assignment. The Department of Labor and
Employment or the Department of Foreign Affairs, the Department of
Tourism and the Department of Justice through the Bureau of Immigration,
as the case may be, in collaboration with the Department of Health (DOH),
shall oversee the implementation of this Section.
Section 8. Information Campaign for Tourists and Transients - Informational

aids or materials on the cause, modes of transmission, prevention, and
consequences of HIV infection shall be adequately provided at all
international ports of entry and exit. The Department of Tourism, the
Department of Foreign Affairs, the Department of Justice through the
178
Bureau of Immigration, in collaboration with the Department of Health
(DOH), shall oversee the implementation of this Act.
Section 9. HIV/AIDS Education in Communities - Local government units, in

collaboration with the Department of Health (DOH), shall conduct an
educational and information campaign on HIV/AIDS. The provincial
governor, city or municipal mayor and the Barangay Captain shall
coordinate such campaign among concerned government agencies,
non-government organizations and church-based groups.
Section 10. Information on Prophylactics - Appropriate information shall be

attached to or provided with every prophylactic offered for sale or given
as a donation. Such information shall be legibly printed in English and
Filipino , and contain literature on the proper use of the prophylactic device
or agent, its efficacy against HIV and STD infection, as well as the
importance of sexual abstinence and mutual fidelity.
Section 11. Penalties of Misleading Information - Misinformation on HIV/AIDS

prevention and control through false and misleading advertising and
claims in any of the tri-media or the promotional marketing of drugs,
devices, agents or procedures without prior approval from the Department
of Health and the Bureau of Food and Drugs and the requisite medical and
scientific basis, including markings and indications in drugs and devises or
agents, purporting to be a cure or a fail-safe prophylactic for HIV infection
is punishable with a penalty of imprisonment for two (2) months to two (2)
years, without prejudice to the imposition of administrative sanctions such
as fines and suspension or revocation of professional or business license.
ARTICLE II
SAFE PRACTICES AND PROCEDURES
Section 12. Requirement on the Donation of Blood, Tissue, or Organ - No

laboratory or institution shall accept a donation of tissue or organ, whether
such donation is gratuitous or onerous, unless a sample from the donor has
been tested negative for HIV. All donated blood shall also be subjected to
HIV testing and HIV (+) blood shall be disposed of properly and
immediately. A second testing may be demanded as a matter of right by
the blood, tissue, or organ recipient or his immediate relatives before
transfusion or transplant, except during emergency cases: Provided, that
179
donations of blood, or organ testing positive for HIV may be accepted for
research purposes only, and subject to strict sanitary disposal requirements.
Section 13. Guidelines on Surgical and Similar Procedures - The Department of

Health (DOH), in consultation and in coordination with concerned
professional organizations and hospital associations, shall issue guidelines
on precautions against HIV transmission during surgical, dental,
embalming, tattooing, or similar procedures. The DOH shall likewise issue on
the handling and disposition of cadavers, body fluids or wastes of persons
known or believed to be HIV positive.
The necessary protective equipment such as gloves, goggles and gowns,

shall be made available to all physicians and health care providers and
similarly exposed personnel at all times.
Section 14. Penalties for Unsafe Practices and Procedures - Any person who
knowingly or negligently causes another to get infected with HIV in the
course of the practice of his/her profession through unsafe and unsanitary
practice or procedure is liable to suffer a penalty of imprisonment for six (6)
years to twelve (12) years, without prejudice to the imposition of
administrative sanctions such as, but not limited to, fines and suspension or
revocation of the license to practice his/her profession. The permit or
license of any business entity and the accreditation of hospitals, laboratory,
or clinic s may be cancelled or withdrawn if said establishments fail to
maintain such safe practices and procedures as may be required by the
guidelines to be formulated in compliance with Section 13 of this Act.
ARTICLE III
TESTING, SCREENING AND COUNSELLING
Section 15. Consent as a Requisite for HIV Testing - No compulsory HIV

testing shall be allowed. However, the State shall encourage voluntary
testing for individuals with a high risk for contracting HIV: Provided, That
written informed consent must first be obtained. Such consent shall be
obtained from the person concerned if he/she is of legal age or from the
parents or legal guardian in the case of a minor or a mentally
incapacitated individual. Lawful consent to HIV testing of a donated
human body, organ, tissue, or blood shall be considered as having been
given when:
180
(a) a person volunteers or freely agrees to donate his/her
blood, organ, or tissue for transfusion, transplantation, or research;
(b) a person has executed a legacy in accordance with

Section 3 of Republic Act No. 71 70, also known as the "Organ
Donation Act of 1991;
(c) a donation is executed in accordance with Section 4 of

Republic Act No. 7170.
Section 16. Prohibitions on Compulsory HJV Testing - Compulsory HIV testing

as a precondition to employment, admission to educational institutions, the
exercise of freedom of abode, entry or continued stay in the country, or
the right to travel, the provision of medical service or any other kind of
service of the continued enjoyment of said undertakings shall be deemed
unlawful.
Section 17. Exception to the Prohibition on Compulsory Testing - Compulsory

HIV testing may be allowed only in the following instances:
(a) When a person is charged with any of the crimes
punishable under Articles 264 and 266 as amended by Republic
Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise
known as the
"Revised Penal Code" or under Republic Act No. 7659;
(b) When the determination of the HIV status is necessary to

resolve the relevant issues under Executive Order No. 309,
otherwise known as the "Family Code of the Philippines"; and
(c) When complying with the provisions of Republic Act No.

7170, otherwise known as the "Organ Donation Act" and Republic
Act No. 7719, otherwise known as the "National Blood Services Act".
Section 18. Anonymous HIV Testing - The State shall provide a mechanism
for anonymous HIV testing and shall guarantee anonymity and medical
confidentiality in the conduct of such tests.
181
Section 19. Accreditation of HIV Testing Centers - All testing centers,
hospitals, clinics, and laboratories offering HIV testing services are
mandated to seek accreditation from the Department of Health which
shall set and maintain reasonable accreditation standards.
Section 20. Pre-test and Post-test Counseling - All testing centers, clinics, or
laboratories which perform any HIV test shall be required to provide and
conduct free pre-test counseling and post-test services. However, such
counseling services must be provided only to persons who meet the
standards set by the DOH.
Section 21. Support for HIV Testing Centers - The Department of Health shall
strategically build and enhance the capabilities for HIV testing of hospitals,
clinics, laboratories, and other testing centers primarily, by ensuring the
training of competent personnel who will l provide such services in said
testing sites.
ARTICLE IV
HEALTH AND SUPPORT SERVICES
Section 22. Hospital Based Services - Persons with HIV/AIDS shall be

afforded basic health services in all government hospitals, without
prejudice to optimum medical care which may be provided by special
AIDS wards and hospitals.
Section 23. Community-Based Services - Local government units, in

coordination and in cooperation with concerned government agencies,
nongovernment organizations, persons with HIV/AIDS and groups most at
risk of HIV infection shall provide community-based HIV/AIDS prevention
and care services.
Section 24. Livelihood Programs and Training - Training tor livelihood,

selfhelp cooperative programs shall be made accessible and available to
all persons with HIV/AIDS. Persons infected with HIV/AID S shall not be
deprived of full participation in any livelihood, self-help and cooperative
programs for reason of their health conditions.
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Section 25. Control of Sexually Transmitted Diseases - The Department of
Health, in coordination and in cooperation with concerned government
agencies and non-government organizations shall pursue the prevention
and control of sexually transmitted diseases to help contain the spread of
HIV infection.
Section 26. Insurance for Persons with HIV - The Secretary of Health, in
cooperation with the Commissioner of the Insurance Commission and other
public and private insurance agencies, shall conduct a study on the
feasibility and viability of setting up a package of insurance benefits and,
should such study warrant it, implement an insurance coverage for persons
with HIV.
The study shall be guided by the principle that access to health insurance
is a part of an individual's right to health and is the responsibility of the State
and of society as a whole.
ARTICLE V
MONITORING
Section 27. Monitoring Program - A comprehensive HIV/AIDS monitoring

program or "AIDSWATCH" shall be established under the Department of
Health to determine and monitor the magnitude and progression of HIV
infection in the Philippines, and for the purpose of evaluating the
adequacy and efficacy of the countermeasures being employed.
Section 28. Reporting Procedures - All hospitals, clinics, laboratories, and

testing centers for HIV/AIDS shall adopt measures in assuring the reporting
and confidentiality of any medical record, personal data, file, including all
data which may be accessed from various data banks or information
systems. The Department of Health through its AIDS WATCH monitoring
program shall receive, collate and evaluate all HIV/AIDS related medical
reports. The AIDSWATCH data base shall utilize a coding system that
promotes client anonymity.
Section 29. Contact Tracing - HIV/AIDS contact tracing and all other related
health intelligence activities may be pursued by the Department of Health:
Provided, That these do not run counter to the general purpose of this Act:
183
Provided, further. That any information gathered shall remain confidential
and classified, and can only be used for statistical and monitoring purposes
and not as basis or qualification for any employment, school attendance,
freedom of abode, or travel.
ARTICLE VI
CONFIDENTIALITY
Section 30. Medical Confidentiality - All health professionals, medical

instructors, workers, employers, recruitment agencies, insurance
companies, data encoders, and other custodians of any medical record,
file, data, or test results are directed to strictly observe confidentiality in the
handling of all medical information, particularly the identity and status of
persons with HIV.
Section 31. Exceptions to the Mandate of Confidentiality - Medical

confidentiality shall not be considered breached in the following cases:
(a) when complying with reportorial requirements in

conjunction with the AIDSWATCH programs provided in Section 27
of this Act;
(b) when informing other health workers directly involved or

about to be involved in the treatment or care of a person with
HIV/AIDS: Provided, That, such treatment or care carry the risk of
HIV transmission : Provided, further, That such workers shall be
obliged to maintain the shared medical confidentiality;
(c) when responding to a subpoena duces tecum and

subpoena ad testificandum issued by a Court with jurisdiction over
a legal proceeding where the main issue is the HIV status of an
individual : Provided, That the confidential medical record shall be
properly sealed by its lawful custodian after being double-
checked for accuracy by the head of the office or department,
hand delivered, and personally opened by the judge: Provided,
further, That the judicial proceedings be held in executive session.
184
Section 32. Release of HIV/AIDS Test Results - All results of HIV/AIDS testing
shall be confidential and shall be released only to the following persons:
(a) the person who submitted himself/herself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;
(d) a person authorized to receive such results in conjunction

with
the AIDSWATCH program as provided in Section 27 of this Act;
(e) a justice of the Court of Appeals or the Supreme Court, as

provided under subsection (c) of this Act and in accordance with
the provision of Section 16 hereof.
Section 33. Penalties for Violations of Confidentiality - Any violation of

medical confidentiality as provided in Sections 30 and 32 of this Act shall
suffer the penalty of imprisonment for six (6) months to four (4) years, without
prejudice to administrative sanction s such as fines and suspension or
revocation of the violators license to practice his/her profession, as well as
the cancellation or withdrawal of the license to operate any business entity
and the accreditation of hospitals, laboratories or clinics.
Section 34. Disclosure to Sexual Partners - Any person with HIV is obliged to
disclosure his/her HIV status and health condition his/her spouse or sexual
partner at the earliest opportune time.
ARTICLE VII
DISCRIMINATORY ACTS AND POLICIES
Section 35. Discrimination in the Workplace - Discrimination in any form from

pre-employment to post-employment, including hiring promotion or
assignment, based on the actual, perceived or suspected HIV status of an
individual is prohibited. Termination from work on the sole basis of actual,
perceived or suspected HIV status is deemed unlawful.
185
Section 36. Discrimination in Schools - No educational institution shall refuse
admission or expel, discipline, segregate, deny participation, benefits or
services to a student or prospective student on the basis of his/her actual,
perceived or suspected HIV status.
Section 37. Restrictions on Travel and Habitation - The freedom of abode,

lodging and travel of a person with HIV shall not be abridged. No person
shall be quarantined, placed in isolation, or refused lawful entry into or
deported from Philippine territory on account of his/her actual, perceived
or suspected HIV status.
Section 38. Inhibition from Public Service - The right to seek an elective or
appointive public office shall not be denied to a person with HIV.
Section 39. Exclusion from Credit and Insurance Services - All credit and
loan services, including health, accident and life insurance shall not be
denied to a person on the basis of his/her actual, perceived or suspected
HIV status: Provided, That the person with HIV has not concealed or
misrepresented the fact to the insurance company upon application.
Extension and continuation of credit and loan shall likewise not be denied
solely on the basis of said health condition.
Section 40. Discrimination in Hospitals and Health Institutions - No person

shall be denied health care service or be charged with a higher fee on
account of actual, perceived or suspected HIV status.
Section 41. Denial of Burial Services - A deceased person who had AIDS or
who was known, suspected or perceived to be HIV positive shall not be
denied any kind of decent burial services.
Section 42. Penalties for Discriminatory Acts and Policies - All discriminatory
acts and policies referred to in this Act shall be punishable with a penalty
of imprisonment for six (6) months to four (4) years and a fine not exceeding
Ten Thousand Pesos (=P=10,000.00). In addition, licenses/permits of schools,
hospitals and other institutions found guilty of committing’ discriminatory
acts and policies described in this Act shall be revoked.
186
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
Section 43. Establishment - The Philippine National AIDS Council (PNAC)

created by virtue of Executive Order No. 39 dated 3 December 1992 shall
be reconstituted and strengthened to enable the Council to oversee an
integrated and comprehensive approach to HIV/AIDS prevention and
control in the Philippines. It shall be attached to the Department of Health.
Section 44. Functions - The Council shall be the central advisory, planning
and policy-making body for the comprehensive and integrated HIV/ AIDS
prevention and control program in the Philippines. The Council shall
perform the following functions:
(a) Secure from government agencies concerned

recommendations on how their respective agencies could
operationalize specific provisions of this Act. The Council shall
integrate and, coordinate such recommendations and issue
implementing rules and regulations of this Act. The Council shall
likewise ensure that there is adequate coverage of the following:
(1) The institution of a nationwide HIV/AIDS

information and education program;
(2) The establishment of a comprehensive HIV/AIDS

monitoring system;
(3) The issuance of guidelines on medical and other

practices and procedures that carry the risk of HIV
transmission;
(4) The provision of accessible and affordable HIV

testing and counseling services to those who are in need
of it; (5) The provision of acceptable health and support
services for persons with HIV/AIDS in hospitals and in
communities;
187
(6) The protection and promotion of the rights of
individuals with HIV; and
(7) The strict observance of medical confidentiality.
(b) Monitor the implementation of the rules and regulations of

this
Act, issue or cause the issuance of orders or make
recommendations to the implementing agencies as the Council
considers appropriate;
(c) Develop a comprehensive long-term national HIV/AIDS

prevention and control program and monitor its implementation;
(d) Coordinate the activities of and strengthen working

relationships between government and non-government
agencies involved in the campaign against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international

organizations regarding data collection, research and treatment
modalities concerning HIV/AIDS: and
(f) Evaluate the adequacy of and make recommendations

regarding the utilization of national resources for the prevention
and control of HIV/ AIDS in the Philippines.
Section 45. Membership and Composition - (a) The Council shall be

composed of twenty-six (26) members as follows:
(1) The Secretary of the Department of Health;
(2) The Secretary of the Department of Education, Culture

and
Sports or his representative;
(3) The Chairperson of the Commission on Higher Education

or his representative;
188
(4) The Director General of the Technical Education and Skills
Development Authority or his representative;
(5) The Secretary of the Department of Labor and

Employment or his representative;
(6) The Secretary of the Department of Social Welfare and

Development or his representative;
(7) The Secretary of the Department of the Interior and Local

Government or his representative;
(8) The Secretary of the Department of Justice or his

representative;
(9) The Director-General of the National Economic and

Development Authority or his representative;
(10) The Secretary of the Department of Tourism or his

representative;
(11) The Secretary of the Department of Budget and

Management or his representative; (12) The Secretary of the
Department of
Foreign Affairs or his representative;
(13) The Head of the Philippine Information Agency or his

representative;
(14) The President of the League of Governors or his

representative;
(15) The President of the League of City Mayors or his

representative;
189
(16) The Chairperson of the Committee on Health of the Senate
of the Philippines or his representative;
(17) The Chairperson of the Committee on Health of the House

of
Representatives or his representative;
(18) Two (2) representatives from organizations of

medical/health professionals;
(19) Six (6) representatives from non-government organizations

involved in HIV/AIDS prevention and control efforts or activities;
and
(20) A representative of an organization of persons dealing
with HIV/ AIDS.
(b) To the greatest extent possible, appointment to the Council must

ensure sufficient and discernible representation from the fields of medicine,
education, health care, law, labor, ethics and social services;
(c) All members of the Council shall be appointed by the President of

the Republic of the Philippines, except for the representatives of the Senate
and the House of Representatives, who shall be appointed by the Senate
President and the House of Representatives, who shall be appointed by the
Senate President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty
(30) days after the date of the enactment of this Act;
(e) The Secretary of Health shall be permanent chairperson of the

Council; however the vice-chairperson shall be elected by its members
from among themselves, and shall serve for a term of two (2) years and
(f) For members representing medical/health professional groups and

the six (6) non-government organizations. They shall serve for a term of two
(2) years, renewable upon recommendation of the Council.
190
Section 46. Reports - The Council shall submit to the President and to both
Houses of Congress comprehensive annual reports on the activities and
accomplishment of the Council. Such annual reports shall contain for the
medium and long term prevention and control program on HTV/AIDS in the
Philippines.
Section 47. Creation of Special HIV/A1DS Prevention and Control Service -

There shall be created in the Department of Health a Special HIV/ AIDS
Prevention and Control Service staffed by qualified medical specialists and
support staff with permanent appointment and supported with an
adequate yearly budget. It shall implement programs on HIV/AIDS
prevention and control. In addition, it shall also serve as the secretariat of
the Council.
Section 48. Appropriations - the amount of Twenty million pesos (P20,

000,000.00) shall be initially appropriated out of the funds of the National
Treasury. Subsequent appropriations shall be provided by Congress in the
annual budget of the Department of Health under the General
Appropriations Act.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section 49. Implementing Rules and Regulations - Within six (6) months after
it is fully reconstituted; the Council shall formulate and issue the appropriate
rules and regulations necessary for the implementation of this Act.
Section 50. Separability Clause - If any provision of this Act is declared

invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.
Section 51. Repealing Clause - All laws, presidential decrees, executive

orders and their implementing rules inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.
Section 52. Effectivity - This Act shall take effect fifteen (15) days after its
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AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND

SELFRELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
TITLE I
GENERAL PROVISIONS
CHAPTER I
BASIC PRINCIPLE
Section 1. Title. — This Act shall be known and cited as the "Magna Carta
for Disabled Persons."
Section 2. Declaration of Policy. — The grant of the rights and privileges for
disabled persons shall be guided by the following principles:
(a) Disabled persons are part of Philippine society, thus the

State shall give full support to the improvement of the total well-
being of disabled persons and their integration into the mainstream
of society. Toward this end, the State shall adopt policies ensuring
the rehabilitation, self-development and self-reliance of disabled
persons. It shall develop their skills and potentials to enable them to
compete favorably for available opportunities.
(b) Disabled persons have the same rights as other people to

take their proper place in society. They should be able to live freely
and as independently as possible. This must be the concern of
everyone — the family, community and all government and
nongovernment organizations. Disabled persons' rights must never
be perceived as welfare services by the Government.
(c) The rehabilitation of the disabled persons shall be the

concern of the Government in order to foster their capacity to
attain a more meaningful, productive and satisfying life. To reach
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out to a greater number of disabled persons, the rehabilitation
services and benefits shall be expanded beyond the traditional
urban-based centers to community based programs that will
ensure full participation of different sectors as supported by
national and local government agencies.
(d) The State also recognizes the role of the private sector in
promoting the welfare of disabled persons and shall encourage
partnership in programs that address their needs and concerns. (e)
To facilitate integration of disabled persons into the mainstream of
society, the State shall advocate for and encourage respect for
disabled persons. The State shall exert all efforts to remove all
social, cultural, economic, environmental and attitudinal barriers
that are prejudicial to disabled persons.
Section 3. Coverage. — This Act shall cover all disabled persons and, to the
extent herein provided, departments, offices and agencies of the National
Government or nongovernment organizations involved in the attainment
of the objectives of this Act.
Section 4. Definition of Terms. — For purposes of this Act, these terms are
defined as follows:
(a) Disabled persons are those suffering from restriction or

different abilities, as a result of a mental, physical or sensory
impairment, to perform an activity in the manner or within the
range considered normal for a human being;
(b) Impairment is any loss, diminution or aberration of

psychological, physiological, or anatomical structure or function;
(c) Disability shall mean 1) a physical or mental impairment

that substantially limits one or more psychological, physiological or
anatomical function of an individual or activities of such individual;
2) a record of such an impairment; or 3) being regarded as having
such an impairment;
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(d) Handicap refers to a disadvantage for a given individual,
resulting from an impairment or a disability, that limits or prevents
the function or activity, that is considered normal given the age
and sex of the individual;
(e) Rehabilitation is an integrated approach to physical,

social, cultural, spiritual, educational and vocational measures that
create conditions for the individual to attain the highest possible
level of functional ability;
(f) Social Barriers refer to the characteristics of institutions,

whether legal, economic, cultural, recreational or other, any
human group, community, or society which limits the fullest possible
participation of disabled persons in the life of the group. Social
barriers include negative attitudes which tend to single out and
exclude disabled persons and which distort roles and inter-personal
relationships;
(g) Auxiliary Aids and Services include:

(1) qualified interpreters or other effective methods of
delivering materials to individuals with hearing
impairments;
(2) qualified readers, taped tests, or other effective

methods of delivering materials to individuals with visual
impairments;
(3) acquisition or modification of equipment or

devices; and
(4) other similar services and actions or all types of

aids and services that facilitate the learning process of
people with mental disability.
(h) Reasonable Accommodation include 1) improvement of

existing facilities used by employees in order to render these readily
accessible to and usable by disabled persons; and 2) modification
of work schedules, reassignment to a vacant position, acquisition
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or modification of equipment or devices, appropriate adjustments
or modifications of examinations, training materials or company
policies, rules and regulations, the provision of auxiliary aids and
services, and other similar accommodations for disabled persons;
(i) Sheltered Employment refers to the provision of productive

work for disabled persons through workshops providing special
facilities, income-producing projects or homework schemes with a
view to giving them the opportunity to earn a living thus enabling
them to acquire a working capacity required in open industry;
(j) Auxiliary Social Services are the supportive activities in the

delivery of social services to the marginalized sectors of society;
(k) Marginalized Disabled Persons refer to disabled persons

who lack access to rehabilitative services and opportunities to be
able to participate fully in socioeconomic activities and who have
no means of livelihood and whose incomes fall below the poverty
threshold;
(l) Qualified Individual with a Disability shall mean an

individual with a disability who, with or without reasonable
accommodations, can perform the essential functions of the
employment position that such individual holds or desires.
However, consideration shall be given to the employer's judgment
as to what functions of a job are essential, and if an employer has
prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered
evidence of the essential functions of the job;
(m) Readily Achievable means a goal can be easily attained

and carried out without much difficulty or expense. In determining
whether an action is readily achievable, factors to be considered
include —
(1) the nature and cost of the action;
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(2) the overall financial resources of the facility or
facilities involved in the action; the number of persons
employed at such facility; the effect on expenses and
resources, or the impact otherwise of such action upon the
operation of the facility;
(3) the overall financial resources of the covered

entity with respect to the number of its employees; the
number, type and location of its facilities; and
(4) the type of operation or operations of the

covered entity, including the composition, structure and
functions of the work force of such entity; the geographic
separateness, administrative or fiscal relationship of the
facility or facilities in question to the covered entity.
(n) Public Transportation means transportation by air, land

and sea that provides the public with general or special service on
a regular and continuing basis;
(o) Covered Entity means an employer, employment agency,

labor organization or jointlabor management committee; and
(p) Commerce shall be taken to mean as travel, trade, traffic,

commerce, transportation, or communication among the
provinces or between any foreign country or any territory or
possession and any province.
TITLE II
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I
EMPLOYMENT
Section 5. Equal Opportunity for Employment. — No disable person shall be

denied access to opportunities for suitable employment. A qualified
disabled employee shall be subject to the same terms and conditions of
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employment and the same compensation, privileges, benefits, fringe
benefits, incentives or allowances as a qualified able bodied person.
Five percent (5%) of all casual emergency and contractual positions in the
Departments of Social Welfare and Development; Health; Education,
Culture and Sports; and other government agencies, offices or
corporations engaged in social development shall be reserved for disabled
persons.
Section 6. Sheltered Employment. — If suitable employment for disabled

persons cannot be found through open employment as provided in the
immediately preceding Section, the State shall endeavor to provide it by
means of sheltered employment. In the placement of disabled persons in
sheltered employment, it shall accord due regard to the individual
qualities, vocational goals and inclinations to ensure a good working
atmosphere and efficient production.
Section 7. Apprenticeship. — Subject to the provisions of the Labor Code

as amended, disabled persons shall be eligible as apprentices or learners:
Provided, That their handicap is not as much as to effectively impede the
performance of job operations in the particular occupation for which they
are hired; Provided, further, That after the lapse of the period of
apprenticeship, if found satisfactory in the job performance, they shall be
eligible for employment.
Section 8. Incentives for Employers.
(a) To encourage the active participation of the private

sector in promoting the welfare of disabled persons and to ensure
gainful employment for qualified disabled persons, adequate
incentives shall be provided to private entities which employ
disabled persons.
(b) Private entities that employ disabled persons who meet

the required skills or qualifications, either as regular employee,
apprentice or learner, shall be entitled to an additional deduction,
from their gross income, equivalent to twenty-five percent (25%) of
the total amount paid as salaries and wages to disabled persons:
Provided, however, That such entities present proof as certified by
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the Department of Labor and Employment that disabled persons
are under their employ: Provided, further, That the disabled
employee is accredited with the Department of Labor and
Employment and the Department of Health as to his disability, skills
and qualifications.
(c) Private entities that improve or modify their physical
facilities in
order to provide reasonable accommodation for disabled persons
shall also be entitled to an additional deduction from their net
taxable income, equivalent to fifty percent (50%) of the direct costs
of the improvements or modifications. This Section, however, does
not apply to improvements or modifications of facilities required
under Batas Pambansa Bilang 344.
Section 9. Vocational Rehabilitation. — Consistent with the principle of

equal opportunity for disabled workers and workers in general, the State
shall take appropriate vocational rehabilitation measures that shall serve
to develop the skills and potentials of disabled persons and enable them
to compete favorably for available productive and remunerative
employment opportunities in the labor market.
The State shall also take measures to ensure the provision of vocational
rehabilitation and livelihood services for disabled persons in the rural areas.
In addition, it shall promote cooperation and coordination between the
government and nongovernmental organizations and other private entities
engaged in vocational rehabilitation activities.
The Department of Social Welfare and Development shall design and

implement training programs that will provide disabled persons with
vocational skills to enable them to engage in livelihood activities or obtain
gainful employment. The Department of Labor and Employment shall
likewise design and conduct training programs geared towards providing
disabled persons with skills for livelihood.
Section 10. Vocational Guidance and Counseling. — The Department of

Social and Welfare and Development, shall implement measures providing
and evaluating vocational guidance and counseling to enable disabled
persons to secure, retain and advance in employment. It shall ensure the
availability and training of counselors and other suitably qualified staff
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responsible for the vocational guidance and counseling of disabled
persons.
Section 11. Implementing Rules and Regulations. — The Department of

Labor and Employment shall in coordination with the Department of Social
Welfare and Development (DSWD) and National Council for the Welfare of
the Disabled Persons (NCWDP) shall promulgate the rules and regulations
necessary to implement the provisions under this Chapter.
CHAPTER II
EDUCATION
Section 12. Access to Quality Education. — The State shall ensure that
disabled persons are provided with access to quality education and ample
opportunities to develop their skills. It shall take appropriate steps to make
such education accessible to all disabled persons. It shall be unlawful for
any learning institution to deny a disabled person admission to any course
it offers by reason of handicap or disability. The State shall take into
consideration the special requirements of disabled persons in the
formulation of educational policies and programs. It shall encourage
learning institutions to take into account the special needs of disabled
persons with respect to the use of school facilities, class schedules, physical
education requirements, and other pertinent consideration.
The State shall also promote the provision by learning institutions, especially
higher learning institutions of auxiliary services that will facilitate the learning
process for disabled persons.
Section 13. Assistance to Disabled Students. — The State shall provide

financial assistance to economically marginalized but deserving disabled
students pursuing post-secondary or tertiary education. Such assistance
may be in the form of scholarship grants, student loan programs, subsidies,
and other incentives to qualified disabled students in both public and
private schools. At least five percent (5%) of the allocation for the Private
Education Student Financial Assistance Program created by virtue of R.A.
6725 shall be set aside for disabled students pursuing vocational or
technical and degree courses.
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Section 14. Special Education. — The State shall establish, maintain and
support complete, adequate and integrated system of special education
for the visually impaired, hearing impaired, mentally retarded persons and
other types of exceptional children in all regions of the country. Toward this
end, the Department of Education, Culture and Sports shall establish
special education classes in public schools in cities, or municipalities. It shall
also establish, where viable, Braille and Record Libraries in provinces, cities
or municipalities.
The National Government shall allocate funds necessary for the effective
implementation of the special education program nationwide. Local
government units may likewise appropriate counterpart funds to
supplement national funds.
Section 15. Vocational or Technical and Other Training Programs. — The

State shall provide disabled persons with training in civics, vocational
efficiency, sports and physical fitness, and other skills. The Department of
Education, Culture and Sports shall establish in at least one government
owned vocational and technical school in every province a special
vocational and technical training program for disabled persons. It shall
develop and implement sports and physical fitness programs specifically
designed for disabled persons taking into consideration the nature of their
handicap.
Section 16. Non-Formal Education. — The State shall develop non-formal

education programs intended for the total human development of
disabled persons. It shall provide adequate resources for non-formal
education programs and projects that cater to the special needs of
disabled persons.
Section 17. State Universities and Colleges. — If viable and needed, the
State University or State College in each region or province shall be
responsible for (a) the development of material appliances and technical
aids for disabled persons; (b) the development of training materials for
vocational rehabilitation and special education instructions; (c) the
research on special problems, particularly of the visually-impaired, hearing
impaired, speech-impaired, and orthopedically-impaired students,
mentally retarded, and multi-handicapped and others, and the elimination
of social barriers and discrimination against disabled persons; and (d)
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inclusion of the Special Education for Disabled (SPED) course in the
curriculum.
The National Government shall provide these state universities and colleges
with necessary special facilities for visually-impaired, hearing-impaired,
speech-impaired, and orthopedically-impaired students. It shall likewise
allocate the necessary funds in support of the above.
CHAPTER III
HEALTH
Section 18. National Health Program. — The Department of Health in

coordination with the National Council for the Welfare of Disabled Persons,
shall institute a national health program which shall aim to attain the
following:
(a) prevention of disability, whether occurring prenatally or

post-nataly;
(b) recognition and early diagnosis of disability; and
(c) Early rehabilitation of the disabled.
Section 19. Rehabilitation Centers. — The Department of Health shall

establish medical rehabilitation centers in government provincial hospitals,
and shall include in its annual appropriation the necessary funds for the
operation of such centers. The Department of Health shall formulate and
implement a program to enable marginalized disabled persons to avail of
free rehabilitation services in government hospitals.
Section 20. Health Services. — The State shall protect and promote the right
to health of disabled persons and shall adopt an integrated and
comprehensive approach to their health development which shall make
essential health services available to them at affordable cost.
The National Government shall provide an integrated health service for

disabled persons which shall include, but not limited to, the following:
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(a) prevention of disability through immunization, nutrition,
environmental protection and preservation, and genetic
counseling; and early detection of disability and timely intervention
to arrest disabling condition; and
(b) medical treatment and rehabilitation.

The Department of Health shall field medical personnel specializing
in the treatment and rehabilitation of disabled persons to
provincial hospitals and, when viable, to municipal health centers.
It shall also train its field health personnel in the provision of medical
attention to disabled persons. It shall further ensure that its field
health units have the necessary capabilities to fit prosthetic and
orthotic appliances on disabled persons.
CHAPTER IV
AUXILIARY SOCIAL SERVICES
Section 21. Auxiliary Social Services. — The State shall ensure that
marginalized persons are provided with the necessary auxiliary services that will
restore their social functioning and participation in community affairs.
Towards this end, the Department of Social Welfare and Development shall
develop and implement programs on auxiliary social services that respond
to the needs of marginalized disabled persons. The components of such a
program shall be as follows:
(a) assistance in the acquisition of prosthetic devices and

medical intervention of specialty services;
(b) provision of specialized training activities designed to

improve functional limitations of disabled persons related to
communication skills;
(c) development among disabled persons of a positive self-

image through the provision of counseling, orientation and mobility
and strengthening daily living capability;
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(d) provision of family care services geared towards
developing the capability of families to respond to the needs of
the disabled members of the family;
(e) provision of substitute family care services and the facilities

therefore for abandoned, neglected, abused and unattached
disabled persons who need custodial care;
(f) provision of after care and follow-up services for the

continued rehabilitation in a community-based setting of disabled
persons who were released from residential care or rehabilitation
centers; and
(g) provision of day care services for disabled children of

preschool age.
CHAPTER V
TELECOMMUNICATIONS
Section 22. Broadcast Media. — Television stations shall be encouraged to

provide a sign— language inset or subtitles in at least one (1) newscast
program a day and special programs covering events of national
significance.
Section 23. Telephone Services. — All telephone companies shall be

encouraged to install special telephone devices or units for the hearing
impaired and ensure that they are commercially available to enable them
to communicate through the telephone system.
Section 24. Free Postal Charges for the Disabled. — Postal charges shall be
free on the following:
(a) articles and literatures like books and periodicals,

orthopedic and other devices, and teaching aids for the use of the
disabled sent by mail within the Philippines and abroad; and
(b) aids and orthopedic devices for the disabled sent by

abroad by mail for repair: Provided, That the aforesaid items are
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for personal purposes only: Provided, further, That the disabled
person is a marginalized disabled as certified by the Social Welfare
and Development Office of the local government unit concerned
or the Department of Social Welfare and Development.
CHAPTER VI
ACCESSIBILITY
Section 25. Barrier-Free Environment. — The State shall ensure the

attainment of a barrier-free environment that will enable disabled persons
to have access in public and private buildings and establishments and such
other places mentioned in Batas Pambansa Bilang 344, otherwise known
as the "Accessibility Law".
The national and local governments shall allocate funds for the provision of
architectural facilities or structural features for disabled persons in
government buildings and facilities.
Section 26. Mobility. — The State shall promote the mobility of disabled
persons. Disabled persons shall be allowed to drive motor vehicles, subject
to the rules and regulations issued by the Land Transportation Office
pertinent to the nature of their disability and the appropriate adaptations
or modifications made on such vehicles.
Section 27. Access to Public Transport Facilities. — The Department of

Social Welfare and Development shall develop a program to assist
marginalized disabled persons gain access in the use of public transport
facilities. Such assistance may be in the form of subsidized transportation
fare. The said department shall also allocate such funds as may be
necessary for the effective implementation of the public transport program
for the disabled persons.
The "Accessibility Law", as amended, shall be made suppletory to this Act.

Transportation and Communications shall formulate the rules and
regulations necessary to implement the provisions of this Chapter.
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CHAPTER VII
POLITICAL AND CIVIL RIGHTS
Section 29. System of Voting. — Disabled persons shall be allowed to be

assisted by a person of his choice in voting in the national or local elections.
The person thus chosen shall prepare the ballot for the disabled voter inside
the voting booth. The person assisting shall bind himself in a formal
document under oath to fill out the ballot strictly in accordance with the
instructions of the voter and not to reveal the contents of the ballot
prepared by him. Violation of this provision shall constitute an election
offense. Polling places should be made accessible to disabled persons
during national or local elections.
Section 30. Right to Assemble. — Consistent with the provisions of the

Constitution, the State shall recognize the right of disabled persons to
participate in processions, rallies, parades, demonstrations, public
meetings, and assemblages or other forms of mass or concerned action
held in public.
Section 31. Right to Organize. — The State recognizes the right of disabled
persons to form organizations or associations that promote their welfare
and advance or safeguard their interests. The National Government,
through its agencies, instrumentalities and subdivisions, shall assist disabled
persons in establishing self-help organizations by providing them with
necessary technical and financial assistance.
Concerned government agencies and offices shall establish close linkages

with organizations of the disabled persons in order to respond expeditiously
to the needs of disabled persons. National line agencies and local
government units shall assist disabled persons in setting up specific projects
that will be managed like business propositions.
To ensure the active participation of disabled persons in the social and

economic development of the country, their organizations shall be
encouraged to participate in the planning, organization and
management of government programs and projects for disabled persons.
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Organizations of disabled persons shall participate in the identification and
preparation of programs that shall serve to develop employment
opportunities for the disabled persons.
TITLE III
PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS
CHAPTER I
DISCRIMINATION ON EMPLOYMENT
Section 32. Discrimination on Employment. — No entity, whether public or

private, shall discriminate against a qualified disabled person by reason of
disability in regard to job application procedures, the hiring, promotion, or
discharge of employees, employee compensation, job training, and other
terms, conditions, and privileges of employment. The following constitute
acts of discrimination:
(a) Limiting, segregating or classifying a disabled job

applicant in such a manner that adversely affects his work
opportunities;
(b) Using qualification standards, employment tests or other

selection criteria that screen out or tend to screen out a disabled
person unless such standards, tests or other selection criteria are
shown to be job-related for the position in question and are
consistent with business necessity;
(c) Utilizing standards, criteria, or methods of administration

that:
(1) have the effect of discrimination on the basis of
disability; or
(2) Perpetuate the discrimination of others who are

subject to common administrative control.
(d) Providing less compensation, such as salary, wage or other

forms of remuneration and fringe benefits, to a qualified disabled
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employee, by reason of his disability, than the amount to which a
non-disabled person performing the same work is entitled;
(e) Favoring a non-disabled employee over a qualified

disabled employee with respect to promotion, training
opportunities, study and scholarship grants, solely on account of
the latter's disability;
(f) Re-assigning or transferring a disabled employee to a job

or position he cannot perform by reason of his disability;
(g) Dismissing or terminating the services of a disabled

employee by reason of his disability unless the employer can prove
that he impairs the satisfactory performance of the work involved
to the prejudice of the business entity: Provided, however, That the
employer first sought to provide reasonable accommodations for
disabled persons;
(h) Failing to select or administer in the most effective manner

employment tests which accurately reflect the skills, aptitude or
other factor of the disabled applicant or employee that such tests
purports to measure, rather than the impaired sensory, manual or
speaking skills of such applicant or employee, if any; and
(i) Excluding disabled persons from membership in labor

unions or similar organizations.
Section 33. Employment Entrance Examination. — Upon an offer of

employment, a disabled applicant may be subjected to medical
examination, on the following occasions:
(a) all entering employees are subjected to such an

examination regardless of disability;
(b) information obtained during the medical condition or

history of the applicant is collected and maintained on separate
forms and in separate medical files and is treated as a confidential
medical record; Provided, however, That:
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(1) supervisors and managers may be informed
regarding necessary restrictions on the work or duties of
the employees and necessary accommodations;
(2) first aid and safety personnel may be informed,

when appropriate, if the disability may require emergency
treatment;
(3) government officials investigating compliance

with this
Act shall be provided relevant information on request; and
(4) The results of such examination are used only in

accordance with this Act.
CHAPTER II
DISCRIMINATION ON TRANSPORTATION
Section 34. Public Transportation. — It shall be considered discrimination for

the franchisees or operators and personnel of sea, land, and air
transportation facilities to charge higher fare or to refuse to convey a
passenger, his orthopedic devices, personal effects, and merchandise by
reason of his disability.
CHAPTER III
DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES
Section 35. Public Accommodations and Services. — For purposes of this

Chapter, public accommodations and services shall include the following:
(a) an inn, hotel, motel, or other place of lodging, except for

an establishment located within a building that contains not more
than five (5) rooms for rent or hire and that is actually occupied by
the proprietor of such establishment as the residence of such
proprietor;
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(b) a restaurant, bar, or other establishment serving food or
drink;
(c) a motion picture, theater, concert hall, stadium, or other

place of exhibition or entertainment;
(d) an auditorium, convention center, lecture hall, or other

place of public gathering;
(e) a bakery, grocery store, hardware store, shopping center,

or other sales or rental establishment;
(f) a bank, barber shop, beauty shop, travel service, funeral
parlor, gas station, office of a lawyer, pharmacy, insurance office,
professional office of a health care provider, hospital or other
service establishment;
(g) a terminal, depot, or other station used for specified public

transportation;
(h) a museum, gallery, library or other place of public display

or collection;
(i) a park, zoo, amusement park, or other place of recreation;
(j) a nursery, elementary, secondary, undergraduate, or

postgraduate private school, or other place of education;
(k) a gymnasium, health spa, bowling alley, golf course; or
(l) Other place of exercise or recreation.
Section 36. Discrimination on the Use of Public Accommodations. — (a) No

disabled person shall be discriminated on the basis of disability in the full
and equal enjoyment of the goods, services, facilities, privileges,
advantages or accommodations of any place of public accommodation
by any person who owns, leases, or operates a place of public
accommodation. The following constitute acts of discrimination:
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(1) denying a disabled person, directly or through
contractual, licensing, or other arrangement, the opportunity to
participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations of an entity by reason
of his disability;
(2) affording a disabled person, on the basis of his disability,

directly or through contractual, licensing, or other arrangement,
with the opportunity to participate in or benefit from a good
service, facility, privilege, advantage, or accommodation that is
not equal to that afforded to other able-bodied persons; and
(3) providing a disabled person, on the basis of his disability,

directly or through contractual, licensing, or other arrangement,
with a good, service, facility, advantage, privilege, or
accommodation that is different or separate form that provided to
other ablebodied persons unless such action is necessary to
provide the disabled person with a good, service, facility,
advantage, privilege, or accommodation, or other opportunity
that is as effective as that provided to others;
For purposes of this Section, the term "individuals or class of

individuals" refers to the clients or customers of the covered public
accommodation that enters into the contractual, licensing or other
arrangement.
(b) Integrated Settings — Goods, services, facilities, privileges,

advantages, and accommodations shall be afforded to individual
with a disability in the most integrated setting appropriate to the
needs of the individual.
(c) Opportunity to Participate — Notwithstanding the

existence of separate or different programs or activities provided
in accordance with this Section, an individual with a disability shall
not be denied the opportunity to participate in such programs or
activities that are not separate or different.
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(d) Association — It shall be discriminatory to exclude or
otherwise deny equal goods, services, facilities, advantages,
privileges, accommodations or other opportunities to an individual
or entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship or
association.
(e) Prohibitions — For purposes of this Section, the following

shall be considered as discriminatory:
(1) the imposition or application of eligibility criteria

that screen out or tend to screen out an individual with a
disability or any class or individuals with disabilities from fully
and equally enjoying any goods, services, facilities,
privileges, advantages, or accommodations, unless such
criteria can be shown to be necessary for the provision of
the goods, services, facilities, privileges, or
accommodations being offered;
(2) a failure to make reasonable modifications in

policies, practices, or procedures, when such
modifications are necessary to afford such goods,
services, facilities, privileges, advantages, or
accommodations to individuals with disabilities, unless the
entity can demonstrate that making such modifications
would fundamentally alter the nature of the goods,
facilities, services, privileges, advantages, or
accommodations;
(3) failure to take such steps as may be necessary to

ensure that no individual with a disability is excluded,
denied services, segregated or otherwise treated
differently than other individuals because of the absence
of auxiliary aids and services, unless the entity can
demonstrate that taking such steps would fundamentally
alter the nature of the good, service, facility, privilege,
advantage or accommodation being offered or would
result in undue burden;
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(4) A failure to remove architectural barriers, and
communication barriers that are structural in nature, in
existing facilities, where such removal is readily
achievable; and
(5) Where an entity can demonstrate that the

removal of a barrier under clause (4) is not readily
achievable, a failure to make such goods, services,
facilities, privileges, advantages, or accommodations
available through alternative methods if such methods are
readily achievable.
Section 37. Use of Government Recreational or Sports Centers Free of

Charge. — Recreational or sports centers owned or operated by the
Government shall be used, free of charge, by marginalized disabled
persons during their social, sports or recreational activities.

Public Works and Highways shall formulate the rules and regulations
necessary to implement the provisions of this Chapter.
TITLE IV
FINAL PROVISIONS
Section 39. Housing Program. — The National Government shall take into
consideration in its national shelter program the special housing
requirements of disabled persons.
Section 40. Role of National Agencies and Local Government Units. — Local
government units shall promote the establishment of organizations of
disabled persons in their respective territorial jurisdictions. National
agencies and local government units may enter into joint ventures with
organizations or associations of disabled persons to explore livelihood
opportunities and other undertakings that shall enhance the health,
physical fitness and the economic and social well-being of disabled
persons.
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Section 41. Support From Nongovernment Organizations. —
Nongovernment organizations or private volunteer organizations
dedicated to the purpose of promoting and enhancing the welfare of
disabled persons shall, as they, are hereby encouraged, become partners
of the Government in the implementation of vocational rehabilitation
measures and other related programs and projects. Accordingly, their
participation in the implementation of said measures, programs and
projects is to be extended all possible support by the Government.
The Government shall sponsor a volunteer service program which shall

harness the involvement of private individuals in the provision of assistance
to disabled persons.
Section 42. Tax Incentives.

(a) Any donation, bequest, subsidy or financial aid which may
be made to government agencies engaged in the rehabilitation
of disabled persons and organizations of disabled persons shall be
exempt from the donor's tax subject to the provisions of Section 94
of the National Internal Revenue Code (NIRC), as amended and
shall be allowed as deductions from the donor's gross income for
purposes of computing the taxable income subject to the
provisions of Section 29 (h) of the Code.
(b) Donations from foreign countries shall be exempt from

taxes and duties on importation subject to the provisions of Section
105 of the Tariff and Customs Code of the Philippines, as amended,
Section 103 of the NIRC, as amended and other relevant laws and
international agreements.
(c) Local manufacturing or technical aids and appliances

used by disabled persons shall be considered as a preferred area
of investment subject to the provisions of Executive Order No. 226
otherwise known as the "Omnibus Investments Code of 1987" and,
as such, shall enjoy the rights, privileges and incentives as provided
in said Code such as, but not limited, to the following:
(1) repatriation of investments;

(2) remittance of earnings;
213
(3) remittance of payments on foreign contracts;
(4) freedom from expropriations;
(5) freedom from requisition of investment;
(6) income tax holiday;
(7) additional deduction for labor expense;
(8) tax and duty exemption on imported capital
equipment;
(9) tax credit on domestic capital equipment;
(10) exemption from contractor's tax;
(11) simplification of customs procedures;
(12) unrestricted use of consigned equipment;
(13) employment of foreign nationals;
(14) tax credit for taxes and duties on raw materials;
(15) access to bonded manufacturing/traded
warehouse system;
(16) exemption from taxes and duties on imported
spare parts; and
(17) Exemption from wharf age dues and any export
tax, duty, impost and fee.
Section 43. Continuity Clause. — Should any department or agency tasked

with the enforcement or formulation of rules and regulations and guidelines
for implementation of any provision of this Act is abolished, merged with
another department or agency or modified, such shall not affect the
enforcement or formulation of rules, regulations and guidelines for
implementation of this Act to the effect that —
(a) In case of abolition, the department or agency

established to replace the abolished department or agency shall
take-over the functions under this Act of the abolished department
or agency.
(b) In case the department or agency tasked with the

enforcement or formulation of rules, regulations and guidelines for
implementation of this Act is merged with another department or
agency, the former shall continue the functions under this Act of
the merged department or agency.
214
(c) In case of modification, the department or agency
modified shall continue the functions under this Act of the
department or agency that has undergone the modification.
Section 44. Enforcement by the Secretary of Justice.
(a) Denial of Right
(1) Duty to Investigate — the Secretary of Justice shall

investigate alleged violations of this Act, and shall
undertake periodic reviews of compliance of covered
entities under this Act.
(b) Potential Violations — If the Secretary of Justice has

reasonable cause to believe that:
(1) any person or group of persons is engaged in a

pattern or practice of discrimination under this Act; or
(2) any person or group or persons has been
discriminated against under this Act and such
discrimination raises an issue of general public importance,
the Secretary of Justice may commence a legal action in
any appropriate court.
Section 45. Authority of Court. — The court may grant any equitable relief
that such court considers to be appropriate, including, to the extent
required by this Act:
(a) granting temporary, preliminary or permanent relief;
(b) providing an auxiliary aid or service, modification of policy,

practice or procedure, or alternative method; and
(c) Making facilities readily accessible to and usable by

individuals with disabilities.
215
Section 46. Penal Clause.
(a) Any person who violates any provision of this Act shall suffer
the following penalties:
(1) for the first violation, a fine of not less than Fifty
thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) or imprisonment of
not less than six (6) months but not more than two (2) years,
or both at the discretion of the court; and
(2) for any subsequent violation, a fine of not less than

One hundred thousand pesos (P100,000.00) but not
exceeding Two hundred thousand pesos (P200,000.00) or
imprisonment for not less than two (2) years but not more
than six (6) years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall
be punished with imprisonment of not less than six (6) months or a
fine of not less than Five thousand pesos (P5,000.00), but not more
than Fifty thousand pesos (P50,000.00), or both, at the discretion of
the court.
(c) If the violator is a corporation, organization or any similar

entity, the officials thereof directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be

deported immediately after service of sentence without further
deportation proceedings.
Section 47. Appropriations. — The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of
the year following its enactment into law and thereafter.
Section 48. Separability Clause. — Should any provisions of this Act be

found unconstitutional by a court of law, such provisions shall be severed
from the remainder of the Act, and such action shall not affect the
enforceability of the remaining provisions of this Act.
216
Section 49. Repealing Clause. — All laws, presidential decrees, executive
orders and rules and regulations inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
Section 50. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in any two (2) newspapers of general circulation
217
REPUBLIC ACT NO. 9165 June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS
DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

Philippines in Congress
Section 1. Short Title. – This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002".
Section 2. Declaration of Policy. – It is the policy of the State to safeguard

the integrity of its territory and the well-being of its citizenry particularly the
youth, from the harmful effects of dangerous drugs on their physical and
mental well-being, and to defend the same against acts or omissions
detrimental to their development and preservation. In view of the
foregoing, the State needs to enhance further the efficacy of the law
against dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting
campaign against the trafficking and use of dangerous drugs and other
similar substances through an integrated system of planning,
implementation and enforcement of anti-drug abuse policies, programs,
and projects. The government shall however aim to achieve a balance in
the national drug control program so that people with legitimate medical
needs are not prevented from being treated with adequate amounts of
appropriate medications, which include the use of dangerous drugs.
It is further declared the policy of the State to provide effective

mechanisms or measures to re-integrate into society individuals who have
fallen victims to drug abuse or dangerous drug dependence through
sustainable programs of treatment and rehabilitation.
218
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. – Any act of introducing any dangerous drug into the
body of any person, with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of committing any act of
indispensable assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for
purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77,
Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug
dependents referred to in Section 34, Article VIII of this Act.
(d) Chemical Diversion. – The sale, distribution, supply or transport of

legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any
dangerous drug, and shall include packaging, repackaging, labeling,
relabeling or concealment of such transaction through fraud, destruction
of documents, fraudulent use of permits, misdeclaration, use of front
companies or mail fraud.
(e) Clandestine Laboratory. – Any facility used for the illegal

manufacture of any dangerous drug and/or controlled precursor and
essential chemical.
(f) Confirmatory Test. – An analytical test using a device, tool or

equipment with a different chemical or physical principle that is more
specific which will validate and confirm the result of the screening test.
(g) Controlled Delivery. – The investigative technique of allowing an

unlawful or suspect consignment of any dangerous drug and/or controlled
precursor and essential chemical, equipment or paraphernalia, or property
219
believed to be derived directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of an authorized officer,
with a view to gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate prosecution of that

offense.
(h) Controlled Precursors and Essential Chemicals. – Include those

listed in
Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as enumerated in the attached annex,
which is an integral part of this Act.
(i) Cultivate or Culture. – Any act of knowingly planting, growing,

raising, or permitting the planting, growing or raising of any plant which is
the source of a dangerous drug.
(j) Dangerous Drugs. – Include those listed in the Schedules annexed
to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.
(k) Deliver. – Any act of knowingly passing a dangerous drug to

another, personally or otherwise, and by any means, with or without
consideration.
(l) Den, Dive or Resort. – A place where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or used in any form.
(m) Dispense. – Any act of giving away, selling or distributing medicine

or any dangerous drug with or without the use of prescription.
(n) Drug Dependence. – As based on the World Health Organization

definition, it is a cluster of physiological, behavioral and cognitive
phenomena of variable intensity, in which the use of psychoactive drug
takes on a high priority thereby involving, among others, a strong desire or
220
a sense of compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset, termination, or
levels of use.
(o) Drug Syndicate. – Any organized group of two (2) or more persons
forming or joining together with the intention of committing any offense
prescribed under this Act.
(p) Employee of Den, Dive or Resort. – The caretaker, helper,

watchman, lookout, and other persons working in the den, dive or resort,
employed by the maintainer, owner and/or operator where any dangerous
drug and/or controlled precursor and essential chemical is administered,
delivered, distributed, sold or used, with or without compensation, in
connection with the operation thereof.
(q) Financier. – Any person who pays for, raises or supplies money for,
or underwrites any of the illegal activities prescribed under this Act.
(r) Illegal Trafficking. – The illegal cultivation, culture, delivery,

administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
(s) Instrument. – Anything that is used in or intended to be used in any
manner in the commission of illegal drug trafficking or related offenses.
(t) Laboratory Equipment. – The paraphernalia, apparatus, materials

or appliances when used, intended for use or designed for use in the
essential chemical, such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel, flask, heating mantle, gas
generator, or their substitute.
221
(u) Manufacture. – The production, preparation, compounding or
processing of any dangerous drug and/or controlled precursor and
essential chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis, and
shall include any packaging or repackaging of such substances, design or
configuration of its form, or labeling or relabeling of its container; except
that such terms do not include the preparation, compounding, packaging
or labeling of a drug or other substances by a duly authorized practitioner
as an incident to his/her administration or dispensation of such drug or
substance in the course of his/her professional practice including research,
teaching and chemical analysis of dangerous drugs or such substances
that are not intended for sale or for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or

by its any other name. – Embraces every kind, class, genus, or specie of the
plant Cannabis sativa L. including, but not limited to, Cannabis americana,
hashish, bhang, guaza, churrus and ganjab, and embraces every kind,
class and character of marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the plant and seeds
thereof, and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known

as "Ecstasy", or by its any other name. – Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any
form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu",

"Ice", "Meth", or by its any other name. – Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any
form.
(y) Opium. – Refers to the coagulated juice of the opium poppy

(Papaver somniferum L.) and embraces every kind, class and character of
opium, whether crude or prepared; the ashes or refuse of the same;
narcotic preparations thereof or therefrom; morphine or any alkaloid of
opium; preparations in which opium, morphine or any alkaloid of opium
222
enters as an ingredient; opium poppy; opium poppy straw; and leaves or
wrappings of opium leaves, whether prepared for use or not.
(z) Opium Poppy. – Refers to any part of the plant of the species
Papaver somniferum L., Papaver setigerum DC, Papaver orientale,
Papaver bracteatum and Papaver rhoeas, which includes the seeds,
straws, branches, leaves or any part thereof, or substances derived
therefrom, even for floral, decorative and culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under

Section 82, Article IX of this Act.
(bb) Person. – Any entity, natural or juridical, including among others, a

corporation, partnership, trust or estate, joint stock company, association,
syndicate, joint venture or other unincorporated organization or group
capable of acquiring rights or entering into obligations.
(cc) Planting of Evidence. – The willful act by any person of maliciously

and surreptitiously inserting, placing, adding or attaching directly or
indirectly, through any overt or covert act, whatever quantity of any
dangerous drug and/or controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity of an innocent individual
for the purpose of implicating, incriminating or imputing the commission of
any violation of this Act.
(dd) Practitioner. – Any person who is a licensed physician, dentist,

chemist, medical technologist, nurse, midwife, veterinarian or pharmacist
in the Philippines.
(ee) Protector/Coddler. – Any person who knowingly and willfully

consents to the unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring, screening or facilitating
the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to
prevent the arrest, prosecution and conviction of the violator.
223
(ff) Pusher. – Any person who sells, trades, administers, dispenses,
delivers or gives away to another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous drugs or who acts as a broker
in any of such transactions, in violation of this Act.
(gg) School. – Any educational institution, private or public, undertaking
educational operation for pupils/students pursuing certain studies at
defined levels, receiving instructions from teachers, usually located in a
building or a group of buildings in a particular physical or cyber site.
(hh) Screening Test. – A rapid test performed to establish

potential/presumptive positive result.
(ii) Sell. – Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether for money or any
other consideration.
(jj) Trading. – Transactions involving the illegal trafficking of dangerous

drugs and/or controlled precursors and essential chemicals using electronic
devices such as, but not limited to, text messages, email, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms or
acting as a broker in any of such transactions whether for money or any
other consideration in violation of this Act.
(kk) Use. – Any act of injecting, intravenously or intramuscularly, of

consuming, either by chewing, smoking, sniffing, eating, swallowing,
drinking or otherwise introducing into the physiological system of the body,
and of the dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors

and Essential Chemicals. - The penalty of life imprisonment to death and a
ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import or bring into the Philippines any dangerous
drug, regardless of the quantity and purity involved, including any and all
224
species of opium poppy or any part thereof or substances derived
therefrom even for floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by law, shall import any
controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed
upon any person, who, unless authorized under this Act, shall import or bring
into the Philippines any dangerous drug and/or controlled precursor and
essential chemical through the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her official status intended to
facilitate the unlawful entry of the same. In addition, the diplomatic
passport shall be confiscated and canceled.
upon any person, who organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution

and Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of life imprisonment to death and a fine
pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away
to another, distribute dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy regardless of the quantity
and purity involved, or shall act as a broker in any of such transactions.
225
imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any controlled precursor and essential chemical, or shall
act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or

transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as

runners, couriers and messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled precursors and
essential chemical trade, the maximum penalty shall be imposed in every
case.
If the victim of the offense is a minor or a mentally incapacitated individual,
or should a dangerous drug and/or a controlled precursor and essential
chemical involved in any offense herein provided be the proximate cause
of death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.
upon any person who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
226
upon any person or group of persons who shall maintain a den, dive or
resort where any dangerous drug is used or sold in any form.
imposed upon any person or group of persons who shall maintain a den,
dive, or resort where any controlled precursor and essential chemical is
used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in
every case where any dangerous drug is administered, delivered or sold to
a minor who is allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a

person using the same in such den, dive or resort, the penalty of death and
a fine ranging from One million (P1,000,000.00) to Fifteen million pesos
(P500,000.00) shall be imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally
used in the furtherance of the crime: Provided, further, That the prosecution
shall prove such intent on the part of the owner to use the property for such
purpose: Provided, finally, That the owner shall be included as an accused
in the criminal complaint.
upon any person who organizes, manages or acts as a "financier" of any of
The penalty twelve (12) years and one (1) day to twenty (20) years of
227
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the

nature of the place as such; and
(b) Any person who, not being included in the provisions of the
next preceding, paragraph, is aware of the nature of the place as
such and shall knowingly visit the same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors

and Essential Chemicals. - The penalty of life imprisonment to death and a
fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized
by law, shall engage in the manufacture of any dangerous drug.
imposed upon any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or

laboratory equipment in the clandestine laboratory is a prima facie proof
of manufacture of any dangerous drug. It shall be considered an
aggravating circumstance if the clandestine laboratory is undertaken or
established der the following circumstances:
(a) Any phase of the manufacturing process was conducted in the

presence or with the help of minor/s:
(b) Any phase or manufacturing process was established or

undertaken within one hundred (100) meters of a residential,
business, church or school premises;
228
(c) Any clandestine laboratory was secured or protected with booby
traps;
(d) Any clandestine laboratory was concealed with legitimate

business operations; or
(e) Any employment of a practitioner, chemical engineer, public

official or foreigner.
upon any person, who organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential

Chemicals. - The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus,

and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person who shall deliver,
possess with intent to deliver, or manufacture with intent to deliver
equipment, instrument, apparatus and other paraphernalia for dangerous
drugs, knowing, or under circumstances where one reasonably should
229
know, that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal any dangerous drug
and/or controlled precursor and essential chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day
to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to
inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of this Act.
upon any person, who uses a minor or a mentally incapacitated individual
to deliver such equipment, instrument, apparatus and other paraphernalia
for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life

upon any person, who, unless authorized by law, shall possess any
dangerous drug in the following quantities, regardless of the degree of
purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or

"shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
230
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but

not limited to, methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD),
gamma hydroxyamphetamine (GHB), and those similarly designed
or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the
Board in accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred

thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantity of methamphetamine hydrochloride
or "shabu" is ten (10) grams or more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00),
if the quantities of dangerous drugs are five (5) grams or more but
less than ten (10) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA,
LSD, GHB, and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or
three hundred (300) grams or more but less than five (hundred)
500) grams of marijuana; and
231
(3) Imprisonment of twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from Three hundred thousand
pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00),
if the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed
is far beyond therapeutic requirements; or less than three hundred
(300) grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging
from six (6) months and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess or
have under his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, consuming, administering,
injecting, ingesting, or introducing any dangerous drug into the body:
Provided, That in the case of medical practitioners and various
professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the
Board shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other

paraphernalia fit or intended for any of the purposes enumerated in the
preceding paragraph shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself/herself, injected, ingested or
used a dangerous drug and shall be presumed to have violated Section 15
of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings

or Meetings. – Any person found possessing any dangerous drug during a
party, or at a social gathering or meeting, or in the proximate company of
at least two (2) persons, shall suffer the maximum penalties provided for in
Section 11 of this Act, regardless of the quantity and purity of such
dangerous drugs.
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Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings. - The maximum penalty provided for in Section 12 of this Act shall
be imposed upon any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit
or intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2)
persons.
Section 15. Use of Dangerous Drugs. – A person apprehended or arrested,

who is found to be positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous
drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act,
in which case the provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or

are Sources Thereof. - The penalty of life imprisonment to death and a fine
pesos (P10,000,000.00) shall be imposed upon any person, who shall plant,
cultivate or culture marijuana, opium poppy or any other plant regardless
of quantity, which is or may hereafter be classified as a dangerous drug or
as a source from which any dangerous drug may be manufactured or
derived: Provided, That in the case of medical laboratories and medical
research centers which cultivate or culture marijuana, opium poppy and
other plants, or materials of such dangerous drugs for medical experiments
and research purposes, or for the creation of new types of medicine, the
Board shall prescribe the necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal of such plants
and materials.
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The land or portions thereof and/or greenhouses on which any of said
plants is cultivated or cultured shall be confiscated and escheated in favor
of the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part.
If the land involved is part of the public domain, the maximum penalty
provided for under this Section shall be imposed upon the offender.
upon any person, who organizes, manages or acts as a "financier" of any of
Section 17. Maintenance and Keeping of Original Records of Transactions

on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- The penalty of imprisonment ranging from one (1) year and one (1) day
to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or retailer who
violates or fails to comply with the maintenance and keeping of the original
records of transactions on any dangerous drug and/or controlled precursor
and essential chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the

license to practice his/her profession, in case of a practitioner, or of the
business, in case of a manufacturer, seller, importer, distributor, dealer or
retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) and the additional penalty
of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose
physical or physiological condition does not require the use or in the
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dosage prescribed therein, as determined by the Board in consultation with
recognized competent experts who are authorized representatives of
professional organizations of practitioners, particularly those who are
involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life

upon any person, who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be a prescription for any
dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the

Unlawful Act, Including the Properties or Proceeds Derived from the Illegal
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals.
– Every penalty imposed for the unlawful importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or
essential chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other
laboratory equipment, shall carry with it the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from
the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular
unlawful act was committed, unless they are the property of a third person
not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of
Section 21 of this Act.
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After conviction in the Regional Trial Court in the appropriate criminal case
filed, the Court shall immediately schedule a hearing for the confiscation
and forfeiture of all the proceeds of the offense and all the assets and
properties of the accused either owned or held by him or in the name of
some other persons if the same shall be found to be manifestly out of
proportion to his/her lawful income: Provided, however, That if the forfeited
property is a vehicle, the same shall be auctioned off not later than five (5)
days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property,
or income derived therefrom, which may be confiscated and forfeited,
shall be disposed, alienated or transferred and the same shall be in
custodia legis and no bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated or

forfeited under this Section shall be used to pay all proper expenses
incurred in the proceedings for the confiscation, forfeiture, custody and
maintenance of the property pending disposition, as well as expenses for
publication and court costs. The proceeds in excess of the above expenses
shall accrue to the Board to be used in its campaign against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or

Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment. – The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control

of the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign
the copies of the inventory and be given a copy thereof;
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(2) Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic Laboratory for a
qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination

results, which shall be done under oath by the forensic laboratory
examiner, shall be issued within twenty-four (24) hours after the
receipt of the subject item/s: Provided, That when the volume of
the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory
examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be
issued on the completed forensic laboratory examination on the
same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia
and/or laboratory equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the destruction or
burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative from the
media and the DOJ, civil society groups and any elected public
official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be
borne by the offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be donated, used
or recycled for legitimate purposes: Provided, further, That a
representative sample, duly weighed and recorded is retained;
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(5) The Board shall then issue a sworn certification as to the
fact of destruction or burning of the subject item/s which, together
with the representative sample/s in the custody of the PDEA, shall
be submitted to the court having jurisdiction over the case. In all
instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel

shall be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused refuses or
fails to appoint a representative after due notice in writing to the
accused or his/her counsel within seventy-two (72) hours before
the actual burning or destruction of the evidence in question, the
Secretary of Justice shall appoint a member of the public
attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case

wherein the representative sample/s was presented as evidence
in court, the trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the court for
leave to turn over the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours
from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from

the effectivity of this Act, dangerous drugs defined herein which
are presently in possession of law enforcement agencies shall, with
leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH)
and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or
destruction of seized/surrendered dangerous drugs provided
under this Section shall be implemented by the DOH.
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Section 22. Grant of Compensation, Reward and Award. – The Board shall
recommend to the concerned government agency the grant of
compensation, reward and award to any person providing information
and to law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential
chemicals.
Section 23. Plea-Bargaining Provision. – Any person charged under any

provision of this Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and
Pushers. – Any person convicted for drug trafficking or pushing under this
Act, regardless of the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a

Crime by an Offender Under the Influence of Dangerous Drugs. –
Notwithstanding the provisions of any law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the
application of the penalty provided for in the Revised Penal Code shall be
applicable.
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit

the following unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled
precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,

distribution and transportation of any dangerous drug and/or
controlled precursor and essential chemical;
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(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled

precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of

dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for

Misappropriation, Misapplication or Failure to Account for the Confiscated,
Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the
Proceeds or Properties Obtained from the Unlawful Act Committed. – The
penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in
addition to absolute perpetual disqualification from any public office, shall
be imposed upon any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized or surrendered
dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties obtained from the
unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the
proceeds of the trafficking of dangerous drugs as prescribed in this Act, or
have received any financial or material contributions or donations from
natural or juridical persons found guilty of trafficking dangerous drugs as
prescribed in this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including
government-owned or –controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. – The

maximum penalties of the unlawful acts provided for in this Act shall be
imposed, in addition to absolute perpetual disqualification from any public
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office, if those found guilty of such unlawful acts are government officials
and employees.
Section 29. Criminal Liability for Planting of Evidence. – Any person who is
found guilty of "planting" any dangerous drug and/or controlled precursor
and essential chemical, regardless of quantity and purity, shall suffer the
penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations,

Associations or Other Juridical Entities. – In case any violation of this Act is
committed by a partnership, corporation, association or any juridical entity,
the partner, president, director, manager, trustee, estate administrator, or
officer who consents to or knowingly tolerates such violation shall be held
criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon
the partner, president, director, manager, trustee, estate administrator, or
officer who knowingly authorizes, tolerates or consents to the use of a
vehicle, vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of dangerous drugs, or
chemical diversion, if such vehicle, vessel, aircraft, equipment or other
instrument is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to which they are
affiliated.
Section 31. Additional Penalty if Offender is an Alien. – In addition to the

penalties prescribed in the unlawful act committed, any alien who violates
such provisions of this Act shall, after service of sentence, be deported
immediately without further proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the

Board. – The penalty of imprisonment ranging from six (6) months and one
(1) day to four (4) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person found violating any regulation duly issued by the Board pursuant to
this Act, in addition to the administrative sanctions imposed by the Board.
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Section 33. Immunity from Prosecution and Punishment. – Notwithstanding
the provisions of Section 17, Rule 119 of the Revised Rules of Criminal
Procedure and the provisions of Republic Act No. 6981 or the Witness
Protection, Security and Benefit Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives
information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article
II of this Act as well as any violation of the offenses mentioned if committed
by a drug syndicate, or any information leading to the whereabouts,
identities and arrest of all or any of the members thereof; and who willingly
testifies against such persons as described above, shall be exempted from
prosecution or punishment for the offense with reference to which his/her
information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That
the following conditions concur:
(1) The information and testimony are necessary for the

conviction of the persons described above;
(2) Such information and testimony are not yet in the

possession of the State;
(3) Such information and testimony can be corroborated on

its material points;
(4) the informant or witness has not been previously convicted

of a crime involving moral turpitude, except when there is no other
direct evidence available for the State other than the information
and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply

without delay, any condition or undertaking, reduced into writing,
lawfully imposed by the State as further consideration for the grant
of immunity from prosecution and punishment.
242
Provided, further, That this immunity may be enjoyed by such informant or
witness who does not appear to be most guilty for the offense with
reference to which his/her information or testimony were given: Provided,
finally, That there is no direct evidence available for the State except for
the information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. – The immunity granted to

the informant or witness, as prescribed in Section 33 of this Act, shall not
attach should it turn out subsequently that the information and/or
testimony is false, malicious or made only for the purpose of harassing,
molesting or in any way prejudicing the persons described in the preceding
Section against whom such information or testimony is directed against. In
such case, the informant or witness shall be subject to prosecution and the
enjoyment of all rights and benefits previously accorded him under this Act
or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify

without just cause, and when lawfully obliged to do so, or should he/she
violate any condition accompanying such immunity as provided above,
his/her immunity shall be removed and he/she shall likewise be subject to
contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act
or in any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the
applicability of this Section hereof, such individual cannot avail of the
provisions under Article VIII of this Act.
Section 35. Accessory Penalties. – A person convicted under this Act shall
be disqualified to exercise his/her civil rights such as but not limited to, the
rights of parental authority or guardianship, either as to the person or
property of any ward, the rights to dispose of such property by any act or
any conveyance inter vivos, and political rights such as but not limited to,
the right to vote and be voted for. Such rights shall also be suspended
during the pendency of an appeal from such conviction.
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ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing. – Authorized drug testing shall be done
by any government forensic laboratories or by any of the drug testing
laboratories accredited and monitored by the DOH to safeguard the
quality of test results. The DOH shall take steps in setting the price of the
drug test with DOH accredited drug testing centers to further reduce the
cost of such drug test. The drug testing shall employ, among others, two (2)
testing methods, the screening test which will determine the positive result
as well as the type of the drug used and the confirmatory test which will
confirm a positive screening test. Drug test certificates issued by accredited
drug testing centers shall be valid for a one-year period from the date of
issue which may be used for other purposes. The following shall be
subjected to undergo drug testing:
(a) Applicants for driver's license. – No driver's license shall be

issued or renewed to any person unless he/she presents a
certification that he/she has undergone a mandatory drug test
and indicating thereon that he/she is free from the use of
dangerous drugs;
(b) Applicants for firearm's license and for permit to carry

firearms outside of residence. – All applicants for firearm's license
and permit to carry firearms outside of residence shall undergo a
mandatory drug test to ensure that they are free from the use of
dangerous drugs: Provided, That all persons who by the nature of
their profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. – Students of

secondary and tertiary schools shall, pursuant to the related rules
and regulations as contained in the school's student handbook
and with notice to the parents, undergo a random drug testing:
Provided, That all drug testing expenses whether in public or private
schools under this Section will be borne by the government;
(d) Officers and employees of public and private offices. –

Officers and employees of public and private offices, whether
244
domestic or overseas, shall be subjected to undergo a random
drug test as contained in the company's work rules and regulations,
which shall be borne by the employer, for purposes of reducing the
risk in the workplace. Any officer or employee found positive for use
of dangerous drugs shall be dealt with administratively which shall
be a ground for suspension or termination, subject to the provisions
of Article 282 of the Labor Code and pertinent provisions of the Civil
Service Law;
(e) Officers and members of the military, police and other law
enforcement agencies. – Officers and members of the military,
police and other law enforcement agencies shall undergo an
annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a

criminal offense having an imposable penalty of imprisonment of
not less than six (6) years and one (1) day shall have to undergo a
mandatory drug test; and
(g) All candidates for public office whether appointed or

elected both in the national or local government shall undergo a
mandatory drug test.
In addition to the above stated penalties in this Section, those

found to be positive for dangerous drugs use shall be subject to the
provisions of Section 15 of this Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person
authorized, licensed or accredited under this Act and its implementing rules
to conduct drug examination or test, who issues false or fraudulent drug
test results knowingly, willfully or through gross negligence, shall suffer the
penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00).
An additional penalty shall be imposed through the revocation of the
license to practice his/her profession in case of a practitioner, and the
closure of the drug testing center.
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Section 38. Laboratory Examination or Test on Apprehended/Arrested
Offenders. – Subject to Section 15 of this Act, any person apprehended or
arrested for violating the provisions of this Act shall be subjected to
screening laboratory examination or test within twenty-four (24) hours, if
the apprehending or arresting officer has reasonable ground to believe
that the person apprehended or arrested, on account of physical signs or
symptoms or other visible or outward manifestation, is under the influence
of dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15) days
after receipt of the result through a confirmatory test conducted in any
accredited analytical laboratory equipment with
a gas chromatograph/mass spectrometry equipment or some such
modern and accepted method, if confirmed the same shall be prima
facie evidence that such person has used dangerous drugs, which is
without prejudice for the prosecution for other violations of the provisions
of this Act: Provided, That a positive screening laboratory test must be
confirmed for it to be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH
shall be tasked to license and accredit drug testing centers in each
province and city in order to assure their capacity, competence, integrity
and stability to conduct the laboratory examinations and tests provided in
this Article, and appoint such technical and other personnel as may be
necessary for the effective implementation of this provision. The DOH shall
also accredit physicians who shall conduct the drug dependency
examination of a drug dependent as well as the after-care and follow-up
program for the said drug dependent. There shall be a control regulations,
licensing and accreditation division under the supervision of the DOH for
this purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing
centers in government hospitals, which must be provided at least with basic
technologically advanced equipment and materials, in order to conduct
the laboratory examination and tests herein provided, and appoint such
qualified and duly trained technical and other personnel as may be
necessary for the effective implementation of this provision.
246
Section 40. Records Required for Transactions on Dangerous Drug and
Precursors and Essential Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled
precursors and essential chemicals shall maintain and keep an
original record of sales, purchases, acquisitions and deliveries of
dangerous drugs, indicating therein the following information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer,

importer or wholesaler from whom the dangerous drugs
have been purchased;
(3) Quantity and name of the dangerous drugs

purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate

number of the buyer;
(6) Serial number of the prescription and the name of

the physician, dentist, veterinarian or practitioner issuing
the same;
(7) Quantity and name of the dangerous drugs sold

or delivered; and
(8) Date of sale or delivery
A certified true copy of such record covering a period of six (6) months,
duly signed by the pharmacist or the owner of the drugstore, pharmacy or
chemical establishment, shall be forwarded to the Board within fifteen (15)
days following the last day of June and December of each year, with a
copy thereof furnished the city or municipal health officer concerned.
247
(b) A physician, dentist, veterinarian or practitioner authorized
to prescribe any dangerous drug shall issue the prescription
therefor in one (1) original and two (2) duplicate copies. The
original, after the prescription has been filled, shall be retained by
the pharmacist for a period of one (1) year from the date of sale
or delivery of such drug. One (1) copy shall be retained by the
buyer or by the person to whom the drug is delivered until such
drug is consumed, while the second copy shall be retained by the
person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians,
dentists, veterinarians or practitioners shall be written on forms
exclusively issued by and obtainable from the DOH. Such forms
shall be made of a special kind of paper and shall be distributed in
such quantities and contain such information and other data as
the DOH may, by rules and regulations, require. Such forms shall
only be issued by the DOH through its authorized employees to
licensed physicians, dentists, veterinarians and practitioners in such
quantities as the Board may authorize. In emergency cases,
however, as the Board may specify in the public interest, a
prescription need not be accomplished on such forms. The
prescribing physician, dentist, veterinarian or practitioner shall,
within three (3) days after issuing such prescription, inform the DOH
of the same in writing. No prescription once served by the
drugstore or pharmacy be reused nor any prescription once issued
be refilled.
(c) All manufacturers, wholesalers, distributors, importers,

dealers and retailers of dangerous drugs and/or controlled
precursors and essential chemicals shall keep a record of all
inventories, sales, purchases, acquisitions and deliveries of the
same as well as the names, addresses and licenses of the persons
from whom such items were purchased or acquired or to whom
such items were sold or delivered, the name and quantity of the
same and the date of the transactions. Such records may be
subjected anytime for review by the Board.
ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the
Enforcement of this Act
248
Section 41. Involvement of the Family. – The family being the basic unit of
the Filipino society shall be primarily responsible for the education and
awareness of the members of the family on the ill effects of dangerous
drugs and close monitoring of family members who may be susceptible to
drug abuse.
Section 42. Student Councils and Campus Organizations. – All elementary,

secondary and tertiary schools' student councils and campus organizations
shall include in their activities a program for the prevention of and
deterrence in the use of dangerous drugs, and referral for treatment and
rehabilitation of students for drug dependence.
Section 43. School Curricula. – Instruction on drug abuse prevention and

control shall be integrated in the elementary, secondary and tertiary
curricula of all public and private schools, whether general, technical,
vocational or agro-industrial as well as in non-formal, informal and
indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous
drugs on the person, the family, the school and the community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic

dimensions and implications of the drug problem;
(4) Steps to take when intervention on behalf of a drug

dependent is needed, as well as the services available for the
treatment and rehabilitation of drug dependents; and
(5) Misconceptions about the use of dangerous drugs such as,

but not limited to, the importance and safety of dangerous drugs
for medical and therapeutic use as well as the differentiation
between medical patients and drug dependents in order to avoid
confusion and accidental stigmatization in the consciousness of
the students.
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Section 44. Heads, Supervisors, and Teachers of Schools. – For the purpose of
enforcing the provisions of Article II of this Act, all school heads,
supervisors and teachers shall be deemed persons in authority and, as
such, are hereby empowered to apprehend, arrest or cause the
apprehension or arrest of any person who shall violate any of the said
provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall
be deemed persons in authority if they are in the school or within its
immediate vicinity, or even beyond such immediate vicinity if they are in
attendance at any school or class function in their official capacity as
school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any person in
the school or within its immediate vicinity is liable for violating any of said
provisions, shall have the duty to report the same to the school head or
immediate superior who shall, in turn, report the matter to the proper
authorities.
Failure to do so in either case, within a reasonable period from the time of

discovery of the violation shall, after due hearing, constitute sufficient
cause for disciplinary action by the school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. –

With the assistance of the Board, the Secretary of the Department of
Education (DepEd), the Chairman of the Commission on Higher Education
(CHED) and the Director-General of the Technical Education and Skills
Development Authority (TESDA) shall cause the development, publication
and distribution of information and support educational materials on
dangerous drugs to the students, the faculty, the parents, and the
community.
Section 46. Special Drug Education Center. – With the assistance of the
Board, the Department of the Interior and Local Government (DILG), the
National Youth Commission (NYC), and the Department of Social Welfare
and Development (DSWD) shall establish in each of its provincial office a
special education drug center for out-of-school youth and street children.
Such Center which shall be headed by the Provincial Social. Welfare
Development Officer shall sponsor drug prevention programs and activities
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and information campaigns with the end in view of educating the out-
ofschool youth and street children regarding the pernicious effects of drug
abuse. The programs initiated by the Center shall likewise be adopted in all
public and private orphanage and existing special centers for street
children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the
Participation of Private and Labor Sectors and the Department of Labor and
Employment
Section 47. Drug-Free Workplace. – It is deemed a policy of the State to

promote drug-free workplaces using a tripartite approach. With the
assistance of the Board, the Department of Labor and Employment (DOLE)
shall develop, promote and implement a national drug abuse prevention
program in the workplace to be adopted by private companies with ten
(10) or more employees. Such program shall include the mandatory
drafting and adoption of company policies against drug use in the
workplace in close consultation and coordination with the DOLE, labor and
employer organizations, human resource development managers and
other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. – The
Board and the DOLE shall formulate the necessary guidelines for the
implementation of the national drug-free workplace program. The amount
necessary for the implementation of which shall be included in the annual
General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. – All labor unions,
federations, associations, or organizations in cooperation with the
respective private sector partners shall include in their collective
bargaining or any similar agreements, joint continuing programs and
information campaigns for the laborers similar to the programs provided
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under Section 47 of this Act with the end in view of achieving a drug free
workplace.
Section 50. Government Assistance. – The labor sector and the respective
partners may, in pursuit of the programs mentioned in the preceding
Section, secure the technical assistance, such as but not limited to,
seminars and information dissemination campaigns of the appropriate
government and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. – Local government units

shall appropriate a substantial portion of their respective annual budgets
to assist in or enhance the enforcement of this Act giving priority to
preventive or educational programs and the rehabilitation or treatment of
drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. – Any place or

premises which have been used on two or more occasions as the site of
the unlawful sale or delivery of dangerous drugs may be declared to be a
public nuisance, and such nuisance may be abated, pursuant to the
following procedures:
(1) Any city or municipality may, by ordinance, create an

administrative board to hear complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or

municipality may bring a complaint before the Board after giving
not less than three (3) days written notice of such complaint to the
owner of the place or premises at his/her last known address; and
(3) After hearing in which the Board may consider any

evidence, including evidence of the general reputation of the
place or premises, and at which the owner of the premises shall
have an opportunity to present evidence in his/her defense, the
Board may declare the place or premises to be a public nuisance.
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Section 53. Effect of Board Declaration. – If the Board declares a place or
premises to be a public nuisance, it may declare an order immediately
prohibiting the conduct, operation, or maintenance of any business or
activity on the premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at
such earlier time as stated in the order. The Board may bring a complaint
seeking a permanent injunction against any nuisance described under
this Section.
This Article does not restrict the right of any person to proceed under the
Civil Code against any public nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
Section 54. Voluntary Submission of a Drug Dependent to Confinement,

Treatment and Rehabilitation. – A drug dependent or any person who
violates Section 15 of this Act may, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized
representative, for treatment and rehabilitation of the drug dependency.
Upon such application, the Board shall bring forth the matter to the Court
which shall order that the applicant be examined for drug dependency. If
the examination by a DOH-accredited physician results in the issuance of
a certification that the applicant is a drug dependent, he/she shall be
ordered by the Court to undergo treatment and rehabilitation in a Center
designated by the Board for a period of not less than six (6) months:
Provided, That a drug dependent may be placed under the care of a
DOHaccredited physician where there is no Center near or accessible to
the residence of the drug dependent or where said drug dependent is
below eighteen (18) years of age and is a first-time offender and non-
confinement in a Center will not pose a serious danger to his/her family or
the community.
Confinement in a Center for treatment and rehabilitation shall not exceed

one (1) year, after which time the Court, as well as the Board, shall be
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apprised by the head of the treatment and rehabilitation center of the
status of said drug dependent and determine whether further confinement
will be for the welfare of the drug dependent and his/her family or the
community.
Section 55. Exemption from the Criminal Liability Under the Voluntary
Submission Program. A drug dependent under the voluntary submission
program, who is finally discharged from confinement, shall be exempt from
the criminal liability under Section 15 of this act subject to the following
conditions:
(1) He/she has complied with the rules and regulations of the
center, the applicable rules and regulations of the Board, including
the after-care and follow-up program for at least eighteen (18)
months following temporary discharge from confinement in the
Center or, in the case of a dependent placed under the care of
the DOH-accredited physician, the after-care program and
followup schedule formulated by the DSWD and approved by the
Board: Provided, That capability-building of local government
social workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any

offense punishable under this Act, the Dangerous Drugs Act of 1972
or Republic Act No. 6425, as amended; the Revised Penal Code,
as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided,

That had he/she escaped, he/she surrendered by himself/herself
or through his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, within one (1) week from
the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her

family or the community by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up
Treatment Under the Voluntary Submission Program. – Upon certification of
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the Center that the drug dependent within the voluntary submission
program may be temporarily released, the Court shall order his/her release
on condition that said drug dependent shall report to the DOH for aftercare
and follow-up treatment, including urine testing, for a period not exceeding
eighteen (18) months under such terms and conditions that the Court may
impose.
If during the period of after-care and follow-up, the drug dependent is

certified to be rehabilitated, he/she may be discharged by the Court,
subject to the provisions of Section 55 of this Act, without prejudice to the
outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and followup
program of eighteen (18) months, the drug dependent requires further
treatment and rehabilitation in the Center, he/she shall be recommitted to
the Center for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and
followup program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary

Submission Program. – A drug dependent who is discharged as
rehabilitated by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from criminal
liability under Section 55 of this Act, may be charged under the provisions
of this Act, but shall be placed on probation and undergo a community
service in lieu of imprisonment and/or fine in the discretion of the court,
without prejudice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her

after-care and follow-up program, which may be done in coordination
with nongovernmental civil organizations accredited by the DSWD, with
the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not

Rehabilitated Under the Voluntary Submission Program. – A drug
dependent, who is not rehabilitated after the second commitment to the
Center under the voluntary submission program,
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shall, upon recommendation of the Board, be charged for violation of
Section 15 of this Act and prosecuted like any other offender. If
convicted, he/she shall be credited for the period of confinement and
rehabilitation in the Center in the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation

Under the Voluntary Submission Program. – Should a drug dependent
under the voluntary submission program escape from the Center, he/she
may submit himself/herself for recommitment within one (1) week
therefrom, or his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity may, within said period, surrender him
for recommitment, in which case the corresponding order shall be issued
by the Board.
Should the escapee fail to submit himself/herself or be surrendered after

one (1) week, the Board shall apply to the court for a recommitment order
upon proof of previous commitment or his/her voluntary submission by the
Board, the court may issue an order for recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes

from confinement, he/she shall be charged for violation of Section 15 of
this Act and he subjected under section 61 of this Act, either upon order of
the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission
Program. – Judicial and medical records of drug dependents under the
voluntary submission program shall be confidential and shall not be used
against him for any purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, he/she voluntarily submitted
himself/herself for confinement, treatment and rehabilitation or has been
committed to a Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to

Apply Under the Voluntary Submission Program. – Notwithstanding any law,
rule and regulation to the contrary, any person determined and found to
be dependent on dangerous drugs shall, upon petition by the Board or any
of its authorized representative, be confined for treatment and
rehabilitation in any Center duly designated or accredited for the purpose.
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A petition for the confinement of a person alleged to be dependent on
dangerous drugs to a Center may be filed by any person authorized by the
Board with the Regional Trial Court of the province or city where such
person is found.
After the petition is filed, the court, by an order, shall immediately fix a date
for the hearing, and a copy of such order shall be served on the person
alleged to be dependent on dangerous drugs, and to the one having
charge of him.
If after such hearing and the facts so warrant, the court shall order the drug
dependent to be examined by two (2) physicians accredited by the Board.
If both physicians conclude that the respondent is not a drug dependent,
the court shall order his/her discharge. If either physician finds him to be a
dependent, the court shall conduct a hearing and consider all relevant
evidence which may be offered. If the court finds him a drug dependent,
it shall issue an order for his/her commitment to a treatment and
rehabilitation center under the supervision of the DOH. In any event, the
order of discharge or order of confinement or commitment shall be issued
not later than fifteen (15) days from the filing of the appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with an

Offense to Treatment and Rehabilitation. – If a person charged with an
offense where the imposable penalty is imprisonment of less than six (6)
years and one (1) day, and is found by the prosecutor or by the court, at
any stage of the proceedings, to be a drug dependent, the prosecutor or
the court as the case may be, shall suspend all further proceedings and
transmit copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that public
interest requires that such drug dependent be committed to a center for
treatment and rehabilitation, it shall file a petition for his/her commitment
with the regional trial court of the province or city where he/she is being
investigated or tried: Provided, That where a criminal case is pending in
court, such petition shall be filed in the said court. The court shall take
judicial notice of the prior proceedings in the case and shall proceed to
hear the petition. If the court finds him to be a drug dependent, it shall order
his/her commitment to a Center for treatment and rehabilitation. The head
of said Center shall submit to the court every four (4) months, or as often as
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the court may require, a written report on the progress of the treatment. If
the dependent is rehabilitated, as certified by the center and the Board,
he/she shall be returned to the court, which committed him, for his/her
discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be

instituted or shall continue, as the case may be. In case of conviction, the
judgment shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good behavior, indicate that
he/she shall be given full credit for the period he/she was confined in the
Center: Provided, however, That when the offense is for violation of Section
15 of this Act and the accused is not a recidivist, the penalty thereof shall
be deemed to have been served in the Center upon his/her release
therefrom after certification by the Center and the Board that he/she is
rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent

Under the Compulsory Submission Program. – The period of prescription of
the offense charged against a drug dependent under the compulsory
submission program shall not run during the time that the drug dependent
is under confinement in a Center or otherwise under the treatment and
rehabilitation program approved by the Board.
Upon certification of the Center that he/she may temporarily be

discharged from the said Center, the court shall order his/her release on
condition that he/she shall report to the Board through the DOH for
aftercare and follow-up treatment for a period not exceeding eighteen
(18) months under such terms and conditions as may be imposed by the
Board.
If at anytime during the after-care and follow-up period, the Board certifies
to his/her complete rehabilitation, the court shall order his/her final
discharge from confinement and order for the immediate resumption of
the trial of the case for which he/she is originally charged. Should the Board
through the DOH find at anytime during the after-care and follow-up
period that he/she requires further treatment and rehabilitation, it shall
report to the court, which shall order his/her recommitment to the Center.
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Should the drug dependent, having been committed to a Center upon
petition by the Board escape therefrom, he/she may resubmit
himself/herself for confinement within one (1) week from the date of his/her
escape; or his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity may, within the same period, surrender
him for recommitment. If, however, the drug dependent does not resubmit
himself/herself for confinement or he/she is not surrendered for
recommitment, the Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous commitment, the court shall
issue an order for recommitment. If, subsequent to such recommitment,
he/she should escape again, he/she shall no longer be exempt from
criminal liability for use of any dangerous drug.
A drug dependent committed under this particular Section who is finally

discharged from confinement shall be exempt from criminal liability under
Section 15 of this Act, without prejudice to the outcome of any pending
case filed in court. On the other hand, a drug dependent who is not
rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for
under Section 15 of this Act again without prejudice to the outcome of any
pending case filed in court.
Section 64. Confidentiality of Records Under the Compulsory Submission

Program. – The records of a drug dependent who was rehabilitated and
discharged from the Center under the compulsory submission program, or
who was charged for violation of Section 15 of this Act, shall be covered
by Section 60 of this Act. However, the records of a drug dependent who
was not rehabilitated, or who escaped but did not surrender himself/herself
within the prescribed period, shall be forwarded to the court and their use
shall be determined by the court, taking into consideration public interest
and the welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty
of the provincial or the city prosecutor or their assistants or state prosecutors
to prepare the appropriate petition in all proceedings arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor Offender. – An

accused who is over fifteen (15) years of age at the time of the commission
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of the offense mentioned in Section 11 of this Act, but not more than
eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given
the benefits of a suspended sentence, subject to the following conditions:
(a) He/she has not been previously convicted of violating any

provision of this Act, or of the Dangerous Drugs Act of 1972, as
amended; or of the Revised Penal Code; or of any special penal
laws;
(b) He/she has not been previously committed to a Center or

to the care of a DOH-accredited physician; and
(c) The Board favorably recommends that his/her sentence

be suspended.
While under suspended sentence, he/she shall be under the supervision

and rehabilitative surveillance of the Board, under such conditions that the
court may impose for a period ranging from six (6) months to eighteen (18)
months.
Upon recommendation of the Board, the court may commit the accused
under suspended sentence to a Center, or to the care of a DOHaccredited
physician for at least six (6) months, with after-care and followup program
for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provisions of this Section.
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Section 67. Discharge After Compliance with Conditions of Suspended
Sentence of a First-Time Minor Offender. – If the accused first time minor
offender under suspended sentence complies with the applicable rules
and regulations of the Board, including confinement in a Center, the court,
upon a favorable recommendation of the Board for the final discharge of
the accused, shall discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall
enter an order to expunge all official records, other than the confidential
record to be retained by the DOJ relating to the case. Such an order, which
shall be kept confidential, shall restore the accused to his/her status prior to
the case. He/she shall not be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any
inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once
by a First-Time Minor Offender. – The privilege of suspended sentence shall
be availed of only once by an accused drug dependent who is a first-time
offender over fifteen (15) years of age at the time of the commission of the
violation of Section 15 of this Act but not more than eighteen (18) years of
age at the time when judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the

accused first-time minor offender violates any of the conditions of his/her
suspended sentence, the applicable rules and regulations of the Board
exercising supervision and rehabilitative surveillance over him, including the
rules and regulations of the Center should confinement be required, the
court shall pronounce judgment of conviction and he/she shall serve
sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor Offender

in Lieu of Imprisonment. – Upon promulgation of the sentence, the court
may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under
existing law on probation, or impose community service in lieu of
imprisonment. In case of probation, the supervision and rehabilitative
surveillance shall be undertaken by the Board through the DOH in
coordination with the Board of Pardons and Parole and the Probation
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Administration. Upon compliance with the conditions of the probation, the
Board shall submit a written report to the court recommending termination
of probation and a final discharge of the probationer, whereupon the court
shall issue such an order.
The community service shall be complied with under conditions, time and
place as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section
15 of this Act. The completion of the community service shall be under the
supervision and rehabilitative surveillance of the Board during the period
required by the court. Thereafter, the Board shall render a report on the
manner of compliance of said community service. The court in its discretion
may require extension of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of

Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the period

spent in the Center by the accused during the suspended sentence period
shall be deducted from the sentence to be served.
Section 71. Records to be kept by the Department of Justice. – The DOJ shall
keep a confidential record of the proceedings on suspension of sentence
and shall not be used for any purpose other than to determine whether or
not a person accused under this Act is a first-time minor offender.
Section 72. Liability of a Person Who Violates the Confidentiality of Records.

– The penalty of imprisonment ranging from six (6) months and one (1) day
to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to
Six thousand pesos (P6,000.00), shall be imposed upon any person who,
having official custody of or access to the confidential records of any drug
dependent under voluntary submission programs, or anyone who, having
gained possession of said records, whether lawfully or not, reveals their
content to any person other than those charged with the prosecution of
the offenses under this Act and its implementation. The maximum penalty
shall be imposed, in addition to absolute perpetual disqualification from
any public office, when the offender is a government official or employee.
Should the records be used for unlawful purposes, such as blackmail of the
drug dependent or the members of his/her family, the penalty imposed for
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the crime of violation of confidentiality shall be in addition to whatever
crime he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to

Cooperate with the Board or any Concerned Agency. – Any parent, spouse
or guardian who, without valid reason, refuses to cooperate with the Board
or any concerned agency in the treatment and rehabilitation of a drug
dependent who is a minor, or in any manner, prevents or delays the
aftercare, follow-up or other programs for the welfare of the accused drug
dependent, whether under voluntary submission program or compulsory
submission program, may be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug

Dependent. – The parent, spouse, guardian or any relative within the fourth
degree of consanguinity of any person who is confined under the voluntary
submission program or compulsory submission program shall be charged a
certain percentage of the cost of his/her treatment and rehabilitation, the
guidelines of which shall be formulated by the DSWD taking into
consideration the economic status of the family of the person confined.
The guidelines therein formulated shall be implemented by a social worker
of the local government unit.
Section 75. Treatment and Rehabilitation Centers. – The existing treatment

and rehabilitation centers for drug dependents operated and maintained
by the NBI and the PNP shall be operated, maintained and managed by
the DOH in coordination with other concerned agencies. For the purpose
of enlarging the network of centers, the Board through the DOH shall
encourage, promote or whenever feasible, assist or support in the
establishment, operations and maintenance of private centers which shall
be eligible to receive grants, donations or subsidy from either government
or private sources. It shall also support the establishment of
governmentoperated regional treatment and rehabilitation centers
depending upon the availability of funds. The national government,
through its appropriate agencies shall give priority funding for the increase
of subsidy to existing government drug rehabilitation centers, and shall
establish at least one (1) drug rehabilitation center in each province,
depending on the availability of funds.
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Section 76. The Duties and Responsibilities of the Department of health
(DOH) Under this Act. – The DOH shall:
(1) Oversee the monitor the integration, coordination and

supervision of all drug rehabilitation, intervention, after-care and
follow-up programs, projects and activities as well as the
establishment, operations, maintenance and management of
privately-owned drug treatment rehabilitation centers and drug
testing networks and laboratories throughout the country in
coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test

network and laboratory, initiate, conduct and support scientific
research on drugs and drug control;
(3) Encourage, assist and accredit private centers,

promulgate rules and regulations setting minimum standards for
their accreditation to assure their competence, integrity and
stability;
(4) Prescribe and promulgate rules and regulations governing

the establishment of such Centers as it may deem necessary after
conducting a feasibility study thereof;
(5) The DOH shall, without prejudice to the criminal

prosecution of those found guilty of violating this Act, order the
closure of a Center for treatment and rehabilitation of drug
dependency when, after investigation it is found guilty of violating
the provisions of this Act or regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency

examinations, other medical and legal services provided to the
public, which shall accrue to the Board. All income derived from
these sources
264
shall be part of the funds constituted as special funds for the
implementation of this Act under Section 87.
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board. – The Board shall be the
policymaking and strategy-formulating body in the planning and
formulation of policies and programs on drug prevention and control. It
shall develop and adopt a comprehensive, integrated, unified and
balanced national drug abuse prevention and control strategy. It shall be
under the Office of the President.
Section 78. Composition of the Board. – The Board shall be composed of

seventeen (17) members wherein three (3) of which are permanent
members, the other twelve (12) members shall be in an ex officio capacity
and the two (2) shall be regular members.
The three (3) permanent members, who shall possess at least seven-year
training and experience in the field of dangerous drugs and in any of the
following fields: in law, medicine, criminology, psychology or social work,
shall be appointed by the President of the Philippines. The President shall
designate a Chairman, who shall have the rank of a secretary from among
the three (3) permanent members who shall serve for six (6) years. Of the
two (2) other members, who shall both have the rank of undersecretary,
one (1) shall serve for four (4) years and the other for two (2) years.
Thereafter, the persons appointed to succeed such members shall hold
office for a term of six (6) years and until their successors shall have been
duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the
Board are the following:
(1) Secretary of the Department of Justice or his/her

representative;
(2) Secretary of the Department of Health or his/her

representative;
265
(3) Secretary of the Department of National Defense or
his/her representative;
(4) Secretary of the Department of Finance or his/her

representative;
(5) Secretary of the Department of Labor and Employment or
(6) Secretary of the Department of the Interior and Local

Government or his/her representative;
(7) Secretary of the Department of Social Welfare and

Development or his/her representative;
(8) Secretary of the Department of Foreign Affairs or his/her

representative;
(9) Secretary of the Department of Education or his/her

representative;
(10) Chairman of the Commission on Higher Education or

(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement

Agency.
Cabinet secretaries who are members of the Board may designate their
duly authorized and permanent representatives whose ranks shall in no
case be lower than undersecretary.
The two (2) regular members shall be as follows:
(a) The president of the Integrated Bar of the Philippines; and
266
(b) The chairman or president of a non-government organization
involved in dangerous drug campaign to be appointed by the
President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent
consultants of the Board, and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive
a per diem for every meeting actually attended subject to the pertinent
budgetary laws, rules and regulations on compensation, honoraria and
allowances: Provided, That where the representative of an ex officio
member or of the permanent consultant of the Board attends a meeting in
behalf of the latter, such representative shall be entitled to receive the per
diem.
Section 79. Meetings of the Board. – The Board shall meet once a week or
as often as necessary at the discretion of the Chairman or at the call of any
four (4) other members. The presence of nine (9) members shall constitute
a quorum.
Section 80. Secretariat of the Board. – The Board shall recommend to the
President of the Philippines the appointment of an Executive Director, with
the rank of an undersecretary, who shall be the Secretary of the Board and
administrative officer of its secretariat, and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate
knowledge, training and experience in the field of dangerous drugs, and in
any of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.
Two deputies executive director, for administration and operations, with

the ranks of assistant secretary, shall be appointed by the President upon
recommendation of the Board. They shall possess the same qualifications
as those of the executive director. They shall receive a salary corresponding
to their position as prescribed by the Salary Standardization Law as a
Career Service Officer.
The existing secretariat of the Board shall be under the administrative

control and supervision of the Executive Director. It shall be composed of
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the following divisions, namely: Policy Studies, Research and Statistics;
Preventive Education, Training and Information; Legal Affairs; and the
Administrative and Financial Management.
Section 81. Powers and Duties of the Board. – The Board shall:
(a) Formulate, develop and establish a comprehensive,

integrated, unified and balanced national drug use prevention
and control strategy;
(b) Promulgate such rules and regulations as may be

necessary to carry out the purposes of this Act, including the
manner of safekeeping, disposition, burning or condemnation of
any dangerous drug and/or controlled precursor and essential
chemical under its charge and custody, and prescribe
administrative remedies or sanctions for the violations of such rules
and regulations;
(c) Conduct policy studies, program monitoring and
evaluations and other researches on drug prevention, control and
enforcement;
(d) Initiate, conduct and support scientific, clinical, social,

psychological, physical and biological researches on dangerous
drugs and dangerous drugs prevention and control measures;
(e) Develop an educational program and information drive

on the hazards and prevention of illegal use of any dangerous drug
and/or controlled precursor and essential chemical based on
factual data, and disseminate the same to the general public, for
which purpose the Board shall endeavor to make the general
public aware of the hazards of any dangerous drugs and/or
controlled precursor and essential chemical by providing among
others, literature, films, displays or advertisements and by
coordinating with all institutions of learning as well as with all
national and local enforcement agencies in planning and
conducting its educational campaign programs to be
implemented by the appropriate government agencies;
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(f) Conduct continuing seminars for, and consultations with,
and provide information materials to judges and prosecutors in
coordination with the Office of the Court Administrator, in the case
of judges, and the DOJ, in the case of prosecutors, which aim to
provide them with the current developments and programs of the
Board pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs, its prevention and
control measures;
(g) Design special trainings in order to provide law

enforcement officers, members of the judiciary, and prosecutors,
school authorities and personnel of centers with knowledge and
knowhow in dangerous drugs and/or controlled precursors and
essential chemicals control in coordination with the Supreme Court
to meet the objectives of the national drug control programs;
(h) Design and develop, in consultation and coordination

with the DOH, DSWD and other agencies involved in drugs control,
treatment and rehabilitation, both public and private, a national
treatment and rehabilitation program for drug dependents
including a standard aftercare and community service program
for recovering drug dependents;
(i) Design and develop, jointly with the DOLE and in

consultation with labor and employer groups as well as
nongovernment organizations a drug abuse prevention program
in the workplace that would include a provision for employee
assistance programs for emotionally-stressed employees;
(j) Initiate and authorize closure proceedings against non-

accredited and/or substandard rehabilitation centers based on
verified reports of human rights violations, subhuman conditions,
inadequate medical training and assistance and excessive fees for
implementation by the PDEA;
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(k) Prescribe and promulgate rules and regulations governing
the establishment of such centers, networks and laboratories as
deemed necessary after conducting a feasibility study in
coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on

the importation, exportation, production, manufacture, sale,
stocks, seizures of and the estimated need for any dangerous drug
and/or controlled precursor and essential chemical, for which
purpose the Board may require from any official, instrumentality or
agency of the government or any private person or enterprise
dealing in, or engaged in activities having to do with any
dangerous drug and/or controlled precursors and essential
chemicals such data or information as it may need to implement
this Act;
(m) Gather and prepare detailed statistics on the importation,

exportation, manufacture, stocks, seizures of and estimates need
for any dangerous drug and/or controlled precursors and essential
chemicals and such other statistical data on said drugs as may be
periodically required by the United Nations Narcotics Drug
Commission, the World Health Organization and other international
organizations in consonance with the country's international
commitments;
(n) Develop and maintain international networking

coordination with international drug control agencies and
organizations, and implement the provisions of international
conventions and agreements thereon which have been adopted
and approved by the Congress of the Philippines;
(o) Require all government and private hospitals, clinics,

doctors, dentists and other practitioners to submit a report to it, in
coordination with the PDEA, about all dangerous drugs and/or
controlled precursors and essential chemicals-related cases to
which they have attended for statistics and research purposes;
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(p) Receive in trust legacies, gifts and donations of real and
personal properties of all kinds, to administer and dispose the same
when necessary for the benefit of government and private
rehabilitation centers subject to limitations, directions and
instructions from the donors, if any;
(q) Issue guidelines as to the approval or disapproval of

applications for voluntary treatment, rehabilitation or confinement,
wherein it shall issue the necessary guidelines, rules and regulations
pertaining to the application and its enforcement;
(r) Formulate guidelines, in coordination with other

government agencies, the importation, distribution, production,
manufacture, compounding, prescription, dispensing and sale of,
and other lawful acts in connection with any dangerous drug,
controlled precursors and essential chemicals and other similar or
analogous substances of such kind and in such quantity as it may
deem necessary according to the medical and research needs or
requirements of the country including diet pills containing
ephedrine and other addictive chemicals and determine the
quantity and/or quality of dangerous drugs and controlled
precursors and essential chemicals to be imported, manufactured
and held in stock at any given time by authorized importer,
manufacturer or distributor of such drugs;
(s) Develop the utilization of a controlled delivery scheme in

addressing the transshipment of dangerous drugs into and out of
the country to neutralize transnational crime syndicates involved in
illegal trafficking of any dangerous drugs and/or controlled
precursors and essential chemicals;
(t) Recommend the revocation of the professional license of

any practitioner who is an owner, co-owner, lessee, or in the
employ of the drug establishment, or manager of a partnership,
corporation, association, or any juridical entity owning and/or
controlling such drug establishment, and who knowingly
participates in, or consents to, tolerates, or abets the commission
of the act of violations as indicated in the preceding paragraph,
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all without prejudice to the criminal prosecution of the person
responsible for the said violation; (u) Appoint such technical,
administrative and other personnel as may be necessary for the
effective implementation of this Act, subject to the Civil Service
Law and its rules and regulations;
(v) Establish a regular and continuing consultation with

concerned government agencies and medical professional
organizations to determine if balance exists in policies, procedures,
rules and regulations on dangerous drugs and to provide
recommendations on how the lawful use of dangerous drugs can
be improved and facilitated; and
(w) Submit an annual and periodic reports to the President,

the Congress of the Philippines and the Senate and House of
Representatives committees concerned as may be required from
time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the
President himself/herself or as recommended by the congressional
committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – To

carry out the provisions of this Act, the PDEA, which serves as the
implementing arm of the Board, and shall be responsible for the efficient
and effective law enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as provided in this Act.
The PDEA shall be headed by a Director General with the rank of

Undersecretary, who shall be responsible for the general administration and
management of the Agency. The Director General of the PDEA shall be
appointed by the President of the Philippines and shall perform such other
duties that may be assigned to him/her. He/she must possess adequate
knowledge, training and experience in the field of dangerous drugs, and in
any of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.
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The Director General of the PDEA shall be assisted in the performance of
his/her duties and responsibilities by two (2) deputies director general with
the rank of Assistant Secretary; one for Operations and the other one for
Administration. The two (2) deputies director general shall likewise be
appointed by the President of the Philippines upon recommendation of the
Board. The two (2) deputies director general shall possess the same
qualifications as those of the Director General of the PDEA. The Director
General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.
Section 83. Organization of the PDEA. – The present Secretariat of the

National Drug Law Enforcement and Prevention Coordinating Center as
created by Executive Order No. 61 shall be accordingly modified and
absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the necessary
changes in the organizational set-up which shall be submitted to the Board
for approval.
For purposes of carrying out its duties and powers as provided for in the
succeeding Section of this Act, the PDEA shall have the following Services,
namely: Intelligence and Investigation; International Cooperation and
Foreign Affairs; Preventive Education and Community Involvement; Plans
and Operations; Compliance; Legal and Prosecution; Administrative and
Human Resource; Financial Management; Logistics Management; and
Internal Affairs.
The PDEA shall establish and maintain regional offices in the different
regions of the country which shall be responsible for the implementation of
this Act and the policies, programs, and projects of said agency in their
respective regions.
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Section 84. Powers and Duties of the PDEA. – The PDEA shall:
(a) Implement or cause the efficient and effective

implementation of the national drug control strategy formulated
by the Board thereby carrying out a national drug campaign
program which shall include drug law enforcement, control and
prevention campaign with the assistance of concerned
government agencies;
(b) Undertake the enforcement of the provisions of Article II of

this Act relative to the unlawful acts and penalties involving any
dangerous drug and/or controlled precursor and essential
chemical and investigate all violators and other matters involved
in the commission of any crime relative to the use, abuse or
trafficking of any dangerous drug and/or controlled precursor and
essential chemical as provided for in this Act and the provisions of
Presidential Decree No. 1619;
(c) Administer oath, issue subpoena and subpoena duces

tecum relative to the conduct of investigation involving the
violations of this Act;
(d) Arrest and apprehend as well as search all violators and
seize or confiscate, the effects or proceeds of the crimes as
provided by law and take custody thereof, for this purpose the
prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;
(e) Take charge and have custody of all dangerous drugs

and/or controlled precursors and essential chemicals seized,
confiscated or surrendered to any national, provincial or local law
enforcement agency, if no longer needed for purposes of
evidence in court;
(f) Establish forensic laboratories in each PNP office in every

province and city in order to facilitate action on seize or
confiscated drugs, thereby hastening its destruction without delay;
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(g) Recommend to the DOJ the forfeiture of properties and
other assets of persons and/or corporations found to be violating
the provisions of this Act and in accordance with the pertinent
provisions of the Anti-Money-Laundering Act of 2001;
(h) Prepare for prosecution or cause the filing of appropriate

criminal and civil cases for violation of all laws on dangerous drugs,
controlled precursors and essential chemicals, and other similar
controlled substances, and assist, support and coordinate with
other government agencies for the proper and effective
prosecution of the same;
(i) Monitor and if warranted by circumstances, in

coordination with the Philippine Postal Office and the Bureau of
Customs, inspect all air cargo packages, parcels and mails in the
central post office, which appear from the package and address
itself to be a possible importation of dangerous drugs and/or
controlled precursors and essential chemicals, through on-line or
cyber shops via the internet or cyberspace;
(j) Conduct eradication programs to destroy wild or illegal

growth of plants from which dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide

organization which shall coordinate and supervise all activities
against drug abuse in every province, city, municipality and
barangay with the active and direct participation of all such local
government units and nongovernmental organizations, including
the citizenry, subject to the provisions of previously formulated
programs of action against dangerous drugs;
(l) Establish and maintain a national drug intelligence system

in cooperation with law enforcement agencies, other government
agencies/offices and local government units that will assist in its
apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation

and linkages with international drug control and administration
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agencies and organizations, and implement the applicable
provisions of international conventions and agreements related to
dangerous drugs to which the Philippines is a signatory;
(n) Create and maintain an efficient special enforcement unit

to conduct an investigation, file charges and transmit evidence to
the proper court, wherein members of the said unit shall possess
suitable and adequate firearms for their protection in connection
with the performance of their duties: Provided, That no previous
special permit for such possession shall be required;
(o) Require all government and private hospitals, clinics,

doctors, dentists and other practitioners to submit a report to it, in
coordination with the Board, about all dangerous drugs and/or
controlled precursors and essential chemicals which they have
attended to for data and information purposes;
(p) Coordinate with the Board for the facilitation of the

issuance of necessary guidelines, rules and regulations for the
proper implementation of this Act;
(q) Initiate and undertake a national campaign for drug

prevention and drug control programs, where it may enlist the
assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned
and or –controlled corporations, in the anti-illegal drugs drive,
which may include the use of their respective personnel, facilities,
and resources for a more resolute detection and investigation of
drug-related crimes and prosecution of the drug traffickers; and
(r) Submit an annual and periodic reports to the Board as

may be required from time to time, and perform such other
functions as may be authorized or required under existing laws and
as directed by the President himself/herself or as recommended by
the congressional committees concerned.
Section 85. The PDEA Academy. – Upon the approval of the Board, the
PDEA Academy shall be established either in Baguio or Tagaytay City, and
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in such other places as may be necessary. The PDEA Academy shall be
responsible in the recruitment and training of all PDEA agents and
personnel. The Board shall provide for the qualifications and requirements
of its recruits who must be at least twenty-one (21) years old, of proven
integrity and honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of
the PDEA after the termination of the transition period of five (5) years
during which all the intelligence network and standard operating
procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of

Director. He/she shall be appointed by the PDEA Director General.
Section 86. Transfer, Absorption, and Integration of All Operating Units on

Illegal Drugs into the PDEA and Transitory Provisions. – The Narcotics Group
of the PNP, the Narcotics Division of the NBI and the Customs Narcotics
Interdiction Unit are hereby abolished; however they shall continue with the
performance of their task as detail service with the PDEA, subject to
screening, until such time that the organizational structure of the Agency is
fully operational and the number of graduates of the PDEA Academy is
sufficient to do the task themselves: Provided, That such personnel who are
affected shall have the option of either being integrated into the PDEA or
remain with their original mother agencies and shall, thereafter, be
immediately reassigned to other units therein by the head of such
agencies. Such personnel who are transferred, absorbed and integrated in
the PDEA shall be extended appointments to positions similar in rank, salary,
and other emoluments and privileges granted to their respective positions
in their original mother agencies.
The transfer, absorption and integration of the different offices and units
provided for in this Section shall take effect within eighteen (18) months
from the effectivity of this Act: Provided, That personnel absorbed and on
detail service shall be given until five (5) years to finally decide to join the
PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of

the NBI and the PNP on all other crimes as provided for in their respective
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organic laws: Provided, however, That when the investigation being
conducted by the NBI, PNP or any ad hoc anti-drug task force is found to
be a violation of any of the provisions of this Act, the PDEA shall be the lead
agency. The NBI, PNP or any of the task force shall immediately transfer the
same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of
Customs shall maintain close coordination with the PDEA on all drug related
matters.
ARTICLE X
Appropriations, Management of Funds and Annual Report
Section 87. Appropriations. – The amount necessary for the operation of the
Board and the PDEA shall be charged against the current year's
appropriations of the Board, the National Drug Law Enforcement and
Prevention Coordinating Center, the Narcotics Group of the PNP, the
Narcotics Division of the NBI and other drug abuse units of the different law
enforcement agencies integrated into the PDEA in order to carry out the
provisions of this Act. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual
General Appropriations Act.
All receipts derived from fines, fees and other income authorized and
imposed in this Act, including ten percent (10%) of all unclaimed and
forfeited sweepstakes and lotto prizes but not less than twelve million pesos
(P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the general fund
for the implementation of this Act: Provided, That no amount shall be
disbursed to cover the operating expenses of the Board and other
concerned agencies: Provided, further, That at least fifty percent (50%) of
all the funds shall be reserved for assistance to government-owned and/or
operated rehabilitation centers.
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The fines shall be remitted to the Board by the court imposing such fines
within thirty (30) days from the finality of its decisions or orders. The
unclaimed and forfeited prizes shall be turned over to the Board by the
PCSO within thirty (30) days after these are collected and declared
forfeited.
A portion of the funds generated by the Philippine Amusement and

Gaming Corporation (PAGCOR) in the amount of Five million pesos
(P5,000,000.00) a month shall be set aside for the purpose of establishing
adequate drug rehabilitation centers in the country and also for the
maintenance and operations of such centers: Provided, That the said
amount shall be taken from the fifty percent (50%) share of the National
Government in the income of PAGCOR: Provided, further, That the said
amount shall automatically be remitted by PAGCOR to the Board. The
amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject
to the rules and regulations of the Commission on Audit (COA).
The fund may be augmented by grants, donations, and endowment from

various sources, domestic or foreign, for purposes related to their functions,
subject to the existing guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the
Board and the PDEA. – The Board shall manage the funds as it may deem
proper for the attainment of the objectives of this Act. In addition to the
periodic reports as may be required under this Act, the Chairman of the
Board shall submit to the President of the Philippines and to the presiding
officers of both houses of Congress, within fifteen (15) days from the
opening of the regular session, an annual report on the dangerous drugs
situation in the country which shall include detailed account of the
programs and projects undertaken, statistics on crimes related to
dangerous drugs, expenses incurred pursuant to the provisions of this Act,
recommended remedial legislation, if needed, and such other relevant
facts as it may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA.
– All accounts and expenses of the Board and the PDEA shall be audited
by the COA or its duly authorized representative.
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ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. – The Supreme Court shall designate special courts
from among the existing Regional Trial Courts in each judicial region to
exclusively try and hear cases involving violations of this Act. The number of
courts designated in each judicial region shall be based on the population
and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases

involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be

terminated within a period of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor

and a probable cause is established, the corresponding information shall
be filed in court within twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted by a judge and
a probable cause is found to exist, the corresponding information shall be
filed by the proper prosecutor within forty-eight (48) hours from the date of
receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later
than sixty (60) days from the date of the filing of the information. Decision
on said cases shall be rendered within a period of fifteen (15) days from the
date of submission of the case for resolution.
Section 91. Responsibility and Liability of Law Enforcement Agencies and

other Government Officials and Employees in Testifying as Prosecution
Witnesses in Dangerous Drugs Cases. – Any member of law enforcement
agencies or any other government official and employee who, after due
notice, fails or refuses intentionally or negligently, to appear as a witness for
the prosecution in any proceedings, involving violations of this Act, without
any valid reason, shall be punished with imprisonment of not less than
twelve (12) years and one (1) day to twenty (20) years and a fine of not less
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than Five hundred thousand pesos (P500,000.00), in addition to the
administrative liability he/she may be meted out by his/her immediate
superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or

any other government employee mentioned in the preceding paragraph
shall be penalized with imprisonment of not less than two (2) months and
one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from
public office if despite due notice to them and to the witness concerned,
the former does not exert reasonable effort to present the latter to the
court.
The member of the law enforcement agency or any other government

employee mentioned in the preceding paragraphs shall not be transferred
or re-assigned to any other government office located in another territorial
jurisdiction during the pendency of the case in court. However, the
concerned member of the law enforcement agency or government
employee may be transferred or re-assigned for compelling reasons:
Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within twenty-four (24)
hours from its approval; Provided, further, That his/her immediate superior
shall be penalized with imprisonment of not less than two (2) months and
one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from
public office, should he/she fail to notify the court of such order to transfer
or re-assign.
Prosecution and punishment under this Section shall be without prejudice
to any liability for violation of any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any
government officer or employee tasked with the prosecution of
drugrelated cases under this act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes the unsuccessful
prosecution and/or dismissal of the said drug cases, shall suffer the penalty
of imprisonment ranging from twelve (12) years and one (1) day to twenty
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(20) years without prejudice to his/her prosecution under the pertinent
provisions of the Revised Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List
of Dangerous Drugs. – The Board shall have the power to reclassify, add to
or remove from the list of dangerous drugs. Proceedings to reclassify, add,
or remove a drug or other substance may be initiated by the PDEA, the
DOH, or by petition from any interested party, including the manufacturer
of a drug, a medical society or association, a pharmacy association, a
public interest group concerned with drug abuse, a national or local
government agency, or an individual citizen. When a petition is received
by the Board, it shall immediately begin its own investigation of the drug.
The PDEA also may begin an investigation of a drug at any time based
upon the information received from law enforcement laboratories,
national and local law enforcement and regulatory agencies, or other
sources of information.
The Board after notice and hearing shall consider the following factors with
respect to each substance proposed to be reclassified, added or removed
from control:
(a) Its actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the

drug or other substance;
(d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
(f) Risk to public health; and
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(g) Whether the substance is an immediate precursor of a
substance already controlled under this Act.
The Board shall also take into accord the obligations and commitments to
international treaties, conventions and agreements to which the Philippines
is a signatory.
The Dangerous Drugs Board shall give notice to the general public of the
public hearing of the reclassification, addition to or removal from the list of
any drug by publishing such notice in any newspaper of general circulation
once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as follows:
(a) In case a dangerous drug is reclassified as precursors and

essential chemicals, the penalties for the violations of this Act
involving the two latter categories of drugs shall, in case of
conviction, be imposed in all pending criminal prosecutions;
(b) In case a precursors and essential chemicals is reclassified

as dangerous drug, the penalties for violations of the Act involving
precursors and essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions;
(c) In case of the addition of a new drug to the list of

dangerous drugs and precursors and essential chemicals, no
criminal liability involving the same under this Act shall arise until
after the lapse of fifteen (15) days from the last publication of such
notice;
(d) In case of removal of a drug from the list of dangerous

drugs and precursors and essential chemicals, all persons
convicted and/or detained for the use and/or possession of such
a drug shall be automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be
dismissed; and
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(e) The Board shall, within five (5) days from the date of its
promulgation submit to Congress a detailed reclassification,
addition, or removal of any drug from the list of dangerous drugs.
ARTICLE XII
Implementing Rules and Regulations
Section 94. Implementing Rules and Regulations. – The present Board in

consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI,
PAGCOR and the PCSO and all other concerned government agencies
shall promulgate within sixty (60) days the Implementing Rules and
Regulations that shall be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee. – There is hereby created

a Congressional Oversight Committee composed of seven (7) Members
from the Senate and seven (7) Members from the House of Representatives.
The Members from the Senate shall be appointed by the Senate President
based on the proportional representation of the parties or coalitions therein
with at least two (2) Senators representing the Minority. The Members from
the House of Representatives shall be appointed by the Speaker, also
based on proportional representation of the parties or coalitions therein
with at least two (2) Members representing the Minority.
The Committee shall be headed by the respective Chairpersons of the

Senate Committee on Public Order and Illegal Drugs and the House of
Representatives Committee on Dangerous Drugs.
Section 96. Powers and Functions of the Oversight Committee. – The

Oversight Committee on Dangerous Drugs shall, in aid of legislation,
perform the following functions, among others:
(a) To set the guidelines and overall framework to monitor and

ensure the proper implementation of this Act;
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(b) To ensure transparency and require the submission of
reports from government agencies concerned on the conduct of
programs, projects and policies relating to the implementation of
this act;
(c) To approve the budget for the programs of the Oversight

Committee on Dangerous Drugs and all disbursements therefrom,
including compensation of all personnel;
(d) To submit periodic reports to the President of the

Philippines and
Congress on the implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and
recommend the necessary remedial legislation or executive
measures; and
(f) To perform such other duties, functions and responsibilities

as may be necessary to effectively attain the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. –

The Oversight Committee on Dangerous Drugs shall adopt its internal rules
of procedure, conduct hearings and receive testimonies, reports, and
technical advice, invite or summon by subpoena ad testificandum any
public official, private citizen, or any other person to testify before it, or
require any person by subpoena duces tecum documents or other
materials as it may require consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a

secretariat to be composed by personnel who may be seconded from the
Senate and the House of Representatives and may retain consultants.
To carry out the powers and functions of the Oversight Committee on

Dangerous Drugs, the initial sum of Twenty-five million pesos
(P25,000,000.00) shall be charged against the current appropriations of the
Senate. Thereafter, such amount necessary for its continued operations
shall be included in the annual General Appropriations Act.
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The Oversight Committee on Dangerous Drugs shall exist for a period of ten
(10) years from the effectivity of this Act and may be extended by a joint
concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. –

Notwithstanding any law, rule or regulation to the contrary, the provisions
of the Revised Penal Code (Act No. 3814), as amended, shall not apply to
the provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to
death provided herein shall be reclusion perpetua to death.
Section 99. Separability Clause. – If for any reason any section or provision
of this Act, or any portion thereof, or the application of such section,
provision or portion thereof to any person, group or circumstance is
declared invalid or unconstitutional, the remainder of this Act shall not be
affected by such declaration and shall remain in force and effect.
Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is

hereby repealed and all other laws, administrative orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.
Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended
accordingly.
Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its
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AN ACT INSTITUTIONALIZING A STRATEGY FOR RURAL DEVELOPMENT,

STRENGTHENING VOLUNTEERISM AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the

SEC. 1. Title. - This Act shall be known and cited as the "Volunteer Act of
2007".
SEC. 2. Declaration of Policy. - It shall be the policy of the State to promote

the participation of the various sectors of the Filipino society, and as
necessary, international and foreign volunteer organizations in public and
civic affairs, and adopt and strengthen the practice of volunteerism as a
strategy in order to attain national development and international
understanding. The inculcation of volunteerism as a way of life shall rekindle
in every Filipino the time-honored tradition of bayanihan to foster social
justice, solidarity and sustainable development.
SEC. 3. Statement of Goals and Objectives. – To carry out the foregoing

policy, the government shall pursue the attainment of the following goals
and objectives:
(a) To provide a policy framework on volunteerism that shall

underscore the fundamental principles necessary to harness and
harmonize the broad and diverse efforts of the voluntary sector in
the country into an integrative and effective partnership for local
and national development as well as international cooperation
and understanding;
(b) To provide a conducive and enabling environment for

volunteers and volunteer service organizations by setting
mechanisms to protect volunteers' rights and privileges and give
due recognition to highlight their roles and contributions to society;
and
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(c) To provide an effective institutional mechanism to
strengthen the role of the Philippine National Volunteer Service
Coordinating Agency (PNVSCA) to perform its mandates and to
oversee the implementation of this Act.
SEC. 4. Definition of Terms. – For purposes of this Act, the following shall
mean:
(a) "Volunteerism" refers to an act involving a wide range of

activities, including traditional forms of mutual aid and
developmental interventions that provides an enabling and
empowering environment both on the part of the beneficiary
receiving and the volunteer rendering the act, undertaken for
reasons arising from socio developmental, business or corporate
orientation, commitment or conviction for the attainment of the
public good and where monetary and other incentives or reward
are not the primary motivating factors.
(b) "Volunteer" refers to an individual or group who for reasons

arising from their socio developmental, business and corporate
orientation, commitment or conviction, contribute time, service
and resources whether on full- time or part-time basis to a just and
essential social development cause, mission or endeavor in the
belief that their activity is mutually meaningful and beneficial to
public interest as well as to themselves.
(c) "Volunteer service organization" refers to a local or foreign

group that recruits, trains, deploys and supports volunteer workers
to programs and projects implemented by them or by other
organizations or any group that provides services and resources,
including but not limited to, information, capability building,
advocacy and networking for the attainment of the common
good.
(d) "Voluntary sector" refers to those sectors of Philippine

society that organizes themselves into volunteers to take
advocacy and action primarily for local and national
development as well as international cooperation and
understanding.
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SEC. 5. Role and Modalities of Volunteerism in the Private Sector.
(a) Volunteerism in the academe includes, but is not limited

to, provision of technical assistance and sharing of technology
within the academic circle, target communities and other
clienteles and the upgrading of the quality of education and
curriculum methodologies while providing career enhancement
and exposure to the volunteers;
(b) Volunteerism in the corporate sector as an expression of

corporate social responsibility and citizenship refers to activities
recognized by the company, where employees give their time,
skills and resources in the service of the company's internal and/or
external communities. These volunteering activities include, but are
not limited to, employee giving of material resources to specific
causes; employee-led fund-raising; one-time outreach activities;
environmental campaign; medical and health related
advocacies; knowledge and change management; scholarship
programs; and sharing of expertise, particularly of business and
developmental skills through mentoring, tutoring, training, business,
consulting/advising and rendering of pro bono services on a
caseto-case basis; and
(c) Volunteerism by not-for-profit organizations includes, but is

not limited to, provision of complementary service delivery and
human resource development in underserved communities as well
as advocacy and articulation of the cause of the disadvantaged
and vulnerable groups.
SEC. 6. Role and Modalities of Volunteerism by Foreign Volunteer

Organizations. – Volunteerism by foreign volunteer organizations includes, but
is not limited to, provision of technical assistance not locally accessible in
priority development areas within the framework of technical
cooperation and socio cultural exchange.
SEC. 7. Role of the Government. – The government shall coordinate,

facilitate and encourage the participation of the voluntary sector in the
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promotion, utilization and recognition of volunteerism in national
development and international cooperation. This shall be achieved
through the provision of enabling and conducive environment for
volunteer work.
SEC. 8. The Philippine National Volunteer Service Coordinating Agency

(PNVSCA). – The PNVSCA created by Executive Order No. 134, as
amended, shall undertake the implementation and execution of the
provisions of this Act.
SEC. 9. Mandates of the PNVSCA. – The PNVSCA shall have the following
functions:
(a) Review and formulate policies and guidelines concerning

the national volunteer service program consistent with national
development priorities;
(b) Coordinate, monitor and evaluate the national volunteer

service program in order that volunteer assistance may fit into the
total national development goals;
(c) Act as clearing house for matters pertaining to

international volunteer services;
(d) Develop and implement prototypes and models of

Volunteering for adoption by institutions and communities; (e)
Provide technical services and support for capability building of
volunteers and volunteer organizations;
(f) Undertake advocacy for the promotion and recognition

of volunteerism as a tool for development;
(g) Establish and maintain a national network of volunteer

organizations and serve as liaison between and among local and
foreign governmental private voluntary organizations including the
United Nations Volunteers (UNV); and
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(h) Administer all the PNVSCA funds from all sources including
foreign aid in accordance with accounting and auditing
requirements. For this purpose, the executive director of the
PNVSCA shall submit an organizational plan upon advice of the
MultiSectoral Advisory Body to the Department of Budget and
Management.
SEC. 10. The MultiSectoral Advisory Body (MSAB). – To assist the PNVSCA,
the Body created under Executive Order No. 635 shall be reconstituted with
the following members:
(a) The National Economic and Development Authority

(NEDA);
(b) The Department of Education (DepED);
(c) The Department of Foreign Affairs (DFA);
(d) The Department of Justice (DOJ);
(e) The Department of the Interior and Local Government
(DILG);
(f) The Department of Social Welfare and Development
(DSWD);
(g) The Commission on Higher Education (CHED);
(h) The Presidential Management Staff (PMS), Office of the
President;
(i) The Representative/s from the corporate sector;
(j) The Representative/s from the private academe sector;
and (k) The Representative/s from the not-for-profit sector. All
member government agencies shall be represented at least by an
assistant secretary while the private sector agencies shall be
represented at least by their highest executive officers. The
government agencies shall be permanent members while the
representatives from the private sector shall serve for a two year
term. The chair of the MSAB shall be elected from among the
members of the body. The PNVSCA executive director, being an
ex officio member, shall serve as the permanent vice chair.
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The MSAB may call on representatives of other government agencies
and/or the private sector to serve as resource person/s on volunteerism as
the need arises.
SEC. 11. Functions of the MSAB. – The MSAB shall have the following
functions:
(a) Provide advice in the formulation of policies and

guidelines for the national volunteer service program;
(b) Provide consultative and technical advisory services on

volunteer matters; and
(c) Serve as a forum to enhance and strengthen linkages

between and among volunteer groups and communities.
SEC. 12. Special Provisions.
(a) Establishment of a National Volunteer Infrastructure and

Forum. – The PNVSCA shall develop and establish a system of
national registration and networking to improve coordination of
volunteers and volunteer service organizations to widen horizon for
sharing and complementing information, experiences and
resources.
(b) Integration of Volunteerism in the Basic and Higher

Education Curriculum. – The DepEd and the CHED shall integrate
volunteerism as part of the curriculum in basic and higher
education to raise the consciousness of the youth and develop the
culture of volunteerism among the citizenry.
(c) Establishment of Volunteer Program in National

Government Agencies and Local Government Units (LGUs). –
National government agencies and LGUs shall establish volunteer
programs in their respective offices to promote and encourage
volunteering in government programs and projects as well as
enjoin government employees to render volunteer service in social,
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economic and humanitarian development undertakings in the
community.
(d) Recognition and Incentives to Volunteers. – Government

agencies and nongovernment organizations (NGOs)
implementing volunteer programs are encouraged to develop
and provide volunteers recognition and incentive package which
may include, but not limited to allowance, insurance, training and
the grant of privileges and status to Filipino overseas volunteers at
par with Filipino overseas workers.
(e) Visa Privileges for Foreign Volunteers. – Foreign volunteers
approved for assignment by the PNVSCA as well as their legal
dependents may be entitled to 47 (a) (2) visa with multiple entry
privileges and corresponding exemption from visa and immigration
fees and other related processing/application fees or charges.
Foreign nationals already in the Philippines who have been
approved for volunteer assignment by the PNVSCA may avail of
the above visa category and privileges upon endorsement by the
PNVSCA to the DOJ.
SEC. 13. Institutional Mechanism for Research, Documentation, Recognition

and Modeling of Best Volunteer Practices. – To carry out the purposes of this
Act, an institutional mechanism shall be established, to be spearheaded
and administered by the PNVSCA, for continuing research,
documentation, recognition and modeling of best volunteer practices as
an important component of implementing development programs and
projects and undertaking humanitarian activities. For this purpose, the
PNVSCA in consultation with any and all relevant government agencies,
NGOs, private institutions and persons shall effect the setting up of the
mechanism as well as determine all requirements and, or necessary acts to
ensure its effective implementation.
SEC. 14. Implementing Rules and Regulations. – The PNVSCA, with advice
from the MSAB, shall promulgate the rules and regulations to effectively
implement the provisions of this Act.
SEC. 15. Repealing Clause. – All laws, decrees, executive orders and rules
and regulations or parts thereof contrary to or inconsistent with the
293
provisions of this Act, including Section 12 of Executive Order No. 635 are
hereby deemed repealed or modified accordingly.
SEC. 16. Effectivity. - This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in at least two newspapers of
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[REPUBLIC ACT NO. 9512] December 12, 2008
AN ACT TO PROMOTE ENVIRONMENTAL AWARENESS THROUGH
ENVIRONMENTAL EDUCATION AND FOR OTHER PURPOSES

Section 1. Title. - This Act shall be known as the "National Environmental

Awareness and Education Act of 2008".
Section 2. Declaration of Policy. - Consistent with the policy of the State to

protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature, and in
recognition of the vital role of the youth in nation building and the role of
education to foster patriotism and nationalism, accelerate social progress,
and promote total human liberation and development, the state shall
promote national awareness on the role of natural resources in economic
growth and the importance of environmental conservation and ecological
balance towards sustained national development.
Section 3. Scope of Environmental Education. - The Department of

Education (DepEd), the Commission on Higher Education (CHED), the
Technical Education and Skills Development Authority (TESDA), the
Department of Social Welfare and Development (DSWD), in coordination
with the Department of Environment and Natural Resources (DENR), the
Department of Science and Technology (DOST) and other relevant
agencies, shall integrate environmental education in its school curricula at
all levels, whether public or private, including in barangay daycare,
preschool, non-formal, technical vocational, professional level, indigenous
learning and out-of-school youth courses or programs. Environmental
education shall encompass environmental concepts and principles,
environmental laws, the state of international and local environment, local
environmental best practices, the threats of environmental degradation
and its impact on human well-being, the responsibility of the citizenry to the
environment and the value of conservation, protection and rehabilitation
of natural resources and the environment in the context of sustainable
development. It shall cover both theoretical and practicum modules
295
comprising activities, projects, programs including, but not limited to, tree
planting; waste minimization, segregation, recycling and composting;
freshwater and marine conservation; forest management and
conservation; relevant livelihood opportunities and economic benefits and
other such programs and undertakings to aid the implementation of the
different environmental protection law.
Section 4. Environmental Education and Activities as Part of National Service

Training Program. - The CHED and the TESDA shall include environmental
education and awareness programs and activities in the National Service
Training Program under Republic Act No. 9163, as part of the Civic Welfare
Training Service component required for all baccalaureate degree courses
and vocational courses with a curriculum of at least two (2) years.
Section 5. Declaration of Environmental Awareness Month. - Pursuant to the

policy set forth in this Act, the month of November of every year shall be
known as the "Environmental Awareness Month" throughout the Philippines.
Section 6. Interagency and Multi-sectoral Effort. - The DepEd, CHED, TESDA,

DENR, DOST and other relevant agencies, in consultation with experts on
the environment and the academe, shall lead in the implementation of
public education and awareness programs on environmental protection
and conservation through collaborative interagency and multi-sectoral
effort at all levels.
The DENR shall have the primary responsibility of periodically informing all
agencies concerned on current environmental updates, including
identifying priority environmental education issues for national action and
providing strategic advice on the environmental education activities. The
DepEd, CHED, TESDA, DENR, DOST, DSWD and barangay units shall ensure
that the information is disseminated to the subject students.
296
The DOST is mandated to create programs that will ensure that students
receive science-based quality information on environmental issues to
encourage the development of environment-friendly solutions, devices,
equipment and facilities.
Section 7. Capacity-Building. - The DepEd, CHED and TESDA, in

coordination with the DENR and other relevant agencies, shall undertake
capacity-building programs nationwide such as trainings, seminars,
workshops on environmental education, development and production of
environmental education materials, and teacher-education courses and
related livelihood programs.
Section 8. Separability Clause. - If any part, section or provision of this Act

shall be held invalid or unconstitutional, the other provisions shall not be
affected thereby.
Section 9. Repealing Clause. - All other acts, laws, executive orders,

presidential issuances, rules and regulations or any part thereof which are
inconsistent with this Act are hereby repealed or modified accordingly.
Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of
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[REPUBLIC ACT NO. 9710] August 14, 2009
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Section 1. Short Title. - This Act shall be known as "The Magna Carta of
Women".
Section 2. Declaration of Policy. - Recognizing that the economic, political,

and sociocultural realities affect women's current condition, the State
affirms the role of women in nation building and ensures the substantive
equality of women and men. It shall promote empowerment of women
and pursue equal opportunities for women and men and ensure equal
access to resources and to development results and outcome. Further, the
State realizes that equality of men and women entails the abolition of the
unequal structures and practices that perpetuate discrimination and
inequality. To realize this, the State shall endeavor to develop plans,
policies, programs, measures, and mechanisms to address discrimination
and inequality in the economic, political, social, and cultural life of women
and men.
The State condemns discrimination against women in all its forms and
pursues by all appropriate means and without delay the policy of
eliminating discrimination against women in keeping with the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW)
and other international instruments consistent with Philippine law. The State
shall accord women the rights, protection, and opportunities available to
every member of society.
The State affirms women's rights as human rights and shall intensify its efforts
to fulfill its duties under international and domestic law to recognize,
respect, protect, fulfill, and promote all human rights and fundamental
freedoms of women, especially marginalized women, in the economic,
social, political, cultural, and other fields without distinction or discrimination on
account of class, age, sex, gender, language, ethnicity, religion,
298
ideology, disability, education, and status. The State shall provide the
necessary mechanisms to enforce women's rights and adopt and
undertake all legal measures necessary to foster and promote the equal
opportunity for women to participate in and contribute to the
development of the political, economic, social, and cultural realms.
The State, in ensuring the full integration of women's concerns in the

mainstream of development, shall provide ample opportunities to
enhance and develop their skills, acquire productive employment and
contribute to their families and communities to the fullest of their
capabilities.
In pursuance of this policy, the State reaffirms the right of women in all
sectors to participate in policy formulation. Planning, organization,
implementation, management, monitoring, and evaluation of all
programs, projects, and services. It shall support policies, researches,
technology, and training programs and other support services such as
financing, production, and marketing to encourage active participation of
women in national development.
Section 3. Principles of Human Rights of Women. - Human rights are universal

and inalienable. All people in the world are entitled to them. The
universality of human rights is encompassed in the words of Article 1 of the
Universal Declaration of Human Rights, which states that all human beings
are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of
every human being whether they relate to civil, cultural, economic,
political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one
right often depends, wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity
of each human person. No one, therefore, should suffer discrimination on
the basis of ethnicity, gender, age, language, sexual orientation, race,
color, religion, political, or other opinion, national, social, or geographical
299
origin, disability, property, birth, or other status as established by human
rights standards.
All people have the right to participate in and access information relating
to the decision- making processes that affect their lives and well-being.
Rights-based approaches require a high degree of participation by
communities, civil society, minorities, women, young people, indigenous
peoples, and other identified groups.
States and other duty-bearers are answerable for the observance of

human rights. They have to comply with the legal norms and standards
enshrined in international human rights instruments in accordance with the
Philippine Constitution. Where they fail to do so, aggrieved rights-holders
are entitled to institute proceedings for appropriate redress before a
competent court or other adjudicator in accordance with the rules and
procedures provided by law.
CHAPTER II
DEFINITION OF TERMS
Section 4. Definitions. - For purposes of this Act, the following terms shall
mean:
(a) "Women Empowerment" refers to the provision, availability,

and accessibility of opportunities, services, and observance of
human rights which enable women to actively participate and
contribute to the political, economic, social, and cultural
development of the nation as well as those which shall provide
them equal access to ownership, management, and control of
production, and of material and informational resources and
benefits in the family, community, and society.
(b) "Discrimination Against Women" refers to any gender-

based distinction, exclusion, or restriction which has the effect or
purpose of impairing or nullifying the recognition, enjoyment, or
exercise by women, irrespective of their marital status, on a basis
300
of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil, or any
other field.
It includes any act or omission, including by law; policy,

administrative measure, or practice, that directly or indirectly
excludes or restricts women in the recognition and promotion of
their rights and their access to and enjoyment of opportunities,
benefits, or privileges.
A measure or practice of general application is discrimination

against women if it fails to provide for mechanisms to offset or
address sex or gender-based disadvantages or limitations of
women, as a result of which women are denied or restricted in the
recognition and protection of their rights and in their access to and
enjoyment of opportunities, benefits, or privileges; or women, more
than men, are shown to have suffered the greater adverse effects
of those measures or practices.
Provided, finally, That discrimination compounded by or

intersecting with other grounds, status, or condition, such as
ethnicity, age, poverty, or religion shall be considered
discrimination against women under this Act.
(c) "Marginalization" refers to a condition where a whole

category of people is excluded from useful and meaningful
participation in political, economic, social, and cultural life.
(d) "Marginalized" refers to the basic, disadvantaged, or

vulnerable persons or groups who are mostly living in poverty and
have little or no access to land and other resources, basic social
and economic services such as health care, education, water and
sanitation, employment and livelihood opportunities, housing,
social security, physical infrastructure; and the justice system.
These include, but are not limited to, women in the following sectors and
groups
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:
(1) "Small Farmers and Rural Workers" refers to those

who are engaged directly or indirectly in small farms and
forest areas, workers in commercial farms and plantations,
whether paid or unpaid, regular or season-bound. These
shall include. but are not limited to, (a) small farmers who
own or are still amortizing for lands that is not more than
three (3) hectares, tenants, leaseholders, and stewards;
and (b) rural workers who are either wage earners,
selfemployed, unpaid family workers directly and
personally engaged in agriculture, small-scale mining,
handicrafts, and other related farm and off-farm activities;
(2) "Fisherfolk" refers to those directly or indirectly

engaged in taking, culturing, or processing fishery or
aquatic resources. These include, but are not to be limited
to, women engaged in fishing in municipal waters, coastal
and marine areas, women workers in commercial fishing
and aquaculture, vendors and processors of fish and
coastal products, and subsistence producers such as
shellgatherers, managers, and producers of mangrove
resources, and other related producers:
(3) "Urban Poor" refers to those residing in urban and

urbanizable slum or blighted areas, with or without the
benefit of security of abode, where the income of the
head of the family cannot afford in a sustained manner to
provide for the family's basic needs of food, health,
education, housing, and other essentials in life;
(4) "Workers in the Formal Economy" refers to those

who are employed by any person acting directly or
indirectly in the interest of an employer in relation to an
employee and shall include the government and all its
branches, subdivisions, and instrumentalities, all
government- owned and -controlled corporations and
302
institutions, as well as nonprofit private institutions or
organizations;
(5) "Workers in the Informal Economy" refers to
selfemployed, occasionally or personally hired,
subcontracted, paid and unpaid family workers in
household incorporated and unincorporated enterprises,
including home workers, micro-entrepreneurs and
producers, and operators of sari-sari stores and all other
categories who suffer from violation of workers' rights:
(6) "Migrant Workers" refers to Filipinos who are to be

engaged, are engaged, or have been engaged in a
remunerated activity in a State of which they are not legal
residents, whether documented or undocumented;
(7) "Indigenous Peoples" refers to a group of people

or homogenous societies identified by self-ascription and
ascription by other, who have continuously lived as
organized community on communally bounded and
defined territory, and who have, under claims of
ownership since time immemorial, occupied; possessed
customs, tradition, and other distinctive cultural traits, or
who have, through resistance to political, social, and
cultural inroads of colonization, non- indigenous religions
and culture, became historically differentiated from the
majority of Filipinos. They shall likewise include peoples who
are regarded as indigenous on account of their descent
from the populations which inhabited the country, at the
dime of conquest or colonization, or at the time of inroads
of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain
some or all of their own social, economic, cultural, and
political institutions, but who may have been displaced
from their traditional domains or who may have resettled
outside their ancestral domains as defined under Section
3(h), Chapter II of Republic Act No. 8371, otherwise known
as "The Indigenous Peoples Rights Act of 1997" (IPRA of
1997);
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(8) "Moro" refers to native peoples who have
historically inhabited Mindanao, Palawan, and Sulu, and
who are
largely of the Islamic faith;
(9) "Children" refers to those who are below eighteen

(18) years of age or 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;
(10) "Senior Citizens" refers to those sixty (60) years of
age and above;
(11) "Persons with Disabilities" refers to those who are

suffering from restriction or different abilities, as a result of
a mental, physical, or sensory impairment to perform an
activity in the manner or within the range considered
normal for a human being; and
(12) "Solo Parents" refers to those who fall under the

category of a solo parent defined under Republic Act No.
8972, otherwise known as the "Solo Parents Welfare Act of
2000".
(e) "Substantive Equality" refers to the full and equal

enjoyment of rights and freedoms contemplated under this Act. It
encompasses de jure and de facto equality and also equality in
outcomes.
(f) "Gender Equality" refers to the principle asserting the

equality of men and women and their right to enjoy equal
conditions realizing their full human potentials to contribute to and
benefit from the results of development, and with the State
recognizing that all human beings are free and equal in dignity
and rights.
304
(g) "Gender Equity" refers to the policies, instruments,
programs, services, and actions that address the disadvantaged
position of women in society by providing preferential treatment
and affirmative action. Such temporary special measures aimed
at accelerating de facto equality between men and women shall
not be considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards.
These measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.
(h) "Gender and Development (GAD)" refers to the

development perspective and process that are participatory and
empowering, equitable, sustainable, free from violence, respectful
of human rights, supportive of self-determination and actualization
of human potentials. It seeks to achieve gender equality as a
fundamental value that should be reflected in development
choices; seeks to transform society's social, economic, and political
structures and questions the validity of the gender roles they
ascribed to women and men; contends that women are active
agents of development and not just passive recipients of
development assistance; and stresses the need of women to
organize themselves and participate in political processes to
strengthen their legal rights.
(i) "Gender Mainstreaming" refers to the strategy for making

women's as well as men's concerns and experiences an integral
dimension of the design, implementation, monitoring, and
evaluation of policies and programs in all political, economic, and
societal spheres so that women and men benefit equally and
inequality is not perpetuated. It is the process of assessing the
implications for women and men of any planned action, including
legislation, policies, or programs in all areas and at all levels.
(j) "Temporary Special Measures" refers to a variety of

legislative, executive, administrative, and regulatory instruments,
policies, and practices aimed at accelerating this de facto
equality of women in specific areas. These measures shall not be
considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards.
305
They shall be discontinued when their objectives have been
achieved.
(k) "Violence Against Women" refers to any act of gender-

based violence that results in, or is likely to result in, physical, sexual,
or psychological harm or suffering to women, including threats of
such acts, coercion, or arbitrary deprivation of liberty, whether
occurring in public or in private life. It shall be understood to
encompass, but not limited to, the following:
(1) Physical, sexual, psychological, and economic

violence occurring in the family, including battering,
sexual abuse of female children in the household,
dowryrelated violence, marital rape, and other traditional
practices harmful to women, non-spousal violence, and
violence related to exploitation;
(2) Physical, sexual, and psychological violence

occurring within the general community, including rape,
sexual abuse, sexual harassment, and intimidation at work,
in educational institutions and elsewhere, trafficking in
women, and prostitution; and
(3) Physical, sexual, and psychological violence

perpetrated or condoned by the State, wherever it
occurs.
It also includes acts of violence against women as defused in

Republic Acts No. 9208 and 9262.
(l) "Women in the Military" refers to women employed in the

military, both in the major and technical services, who are
performing combat and/or noncombat functions, providing
security to the State, and protecting the people from various forms
of threat. It also includes women trainees in all military training
institutions.
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(m) "Social Protection" refers to policies and programs that
seek to reduce poverty and vulnerability to risks and enhance the
social status and rights of all women, especially the marginalized
by promoting and protecting livelihood and employment,
protecting against hazards and sudden loss of income, and
improving people's capacity to manage risk. Its components are
labor market programs, social insurance, social welfare, and social
safety nets.
CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
The State, private sector, society in general and all individuals shall
contribute to the recognition, respect, and promotion of the rights of
women defined and guaranteed under this Act.
Section 5. The State as the Primary Duty-Bearer. - The State, as the primary
duty-bearer, shall:
(a) Refrain from discriminating against women and violating

their rights;
(b) Protect women against discrimination and from violation

of their rights by private corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres,

including their rights to substantive equality and non-discrimination.
The State shall fulfill these duties through law, policy, regulatory instruments,
administrative guidelines, and other appropriate measures, including
temporary special measures.
Recognizing the interrelation of the human rights of women, the State shall
take measures and establish mechanisms to promote the coherent and
integrated implementation, and enforcement of this Act and related laws,
policies, or other measures to effectively stop discrimination against and
advance the rights of women.
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The State shall keep abreast with and be guided by progressive
developments in human rights of women under international law and
design of policies, laws, and other measures to promote the objectives of
this Act.
Section 6. Duties of the State Agencies and Instrumentalities. - These duties

of the State shall extend to all state agencies, offices, and instrumentalities
at all levels and government-owned and -controlled corporations, subject
to the Constitution and pertinent laws, policies, or administrative guidelines
that define specific duties of state agencies and entities concerned.
Section 7. Suppletory Effect. - This chapter shall be deemed integrated into

and be suppletory to other provisions of this Act, particularly those that
guarantee specific rights to women and define specific roles and require
specific conduct of state organs.
CHAPTER IV
RIGHTS AND EMPOWERMENT
Section 8. Human Rights of Women. - All rights in the Constitution and those
rights recognized under international instruments duly signed and ratified
by the Philippines, in consonance with Philippine law, shall be rights of
women under this Act to be enjoyed without discrimination.
Section 9. Protection from Violence. - The State shall ensure that all women
shall be protected from all forms of violence as provided for in existing laws.
Agencies of government shall give priority to the defense and protection
of women against gender-based offenses and help women attain justice
and healing.
Towards this end, measures to prosecute and reform offenders shall likewise be
pursued.
(a) Within the next five (5) years, there shall be an incremental
increase in the recruitment and training of women in the police
force, forensics and medico-legal, legal services, and social work
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services availed of by women who are victims of gender-related
offenses until fifty percent (50%) of the personnel thereof shall be
women.
(b) Women shall have the right to protection and security in

situations of armed conflict and militarization. Towards this end,
they shall be protected from all forms of gender-based violence,
particularly rape and other forms of sexual abuse, and all forms of
violence in situations of armed conflict. The State shall observe
international standards for the protection of civilian population in
circumstances of emergency and armed conflict. It shall not force
women, especially indigenous peoples, to abandon their lands,
territories, and means of subsistence, or relocate them in special
centers for military purposes under any discriminatory condition.
(c) All government personnel involved in the protection and

defense of women against gender-based violence shall undergo
a mandatory training on human rights and gender sensitivity
pursuant to this Act.
(d) All local government units shall establish a Violence

Against Women's Desk in every barangay to ensure that violence
against women cases are fully addressed in a gender-responsive
manner.
Section 10. Women Affected by Disasters, Calamities, and Other Crisis

Situations. - Women have the right to protection and security in times of
disasters, calamities, and other crisis situations especially in all phases of
relief, recovery, rehabilitation, and construction efforts. The State shall
provide for immediate humanitarian assistance, allocation of resources,
and early resettlement, if necessary. It shall also address the particular
needs of women from a gender perspective to ensure their full protection
from sexual exploitation and other sexual and gender- based violence
committed against them. Responses to disaster situations shall include the
provision of services, such as psychosocial support, livelihood support,
education, psychological health, and comprehensive health services,
including protection during pregnancy.
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Section 11. Participation and Representation. - The State shall undertake
temporary special measures to accelerate the participation and equitable
representation of women in all spheres of society particularly in the
decision-making and policy-making processes in government and private
entities to fully realize their role as agents and beneficiaries of
development. The State shall institute the following affirmative action
mechanisms so that women can participate meaningfully in the
formulation, implementation, and evaluation of policies, plans, and
programs for national, regional, and local development:
(a) Empowerment within the Civil Service. - Within the next five
(5) years, the number of women in third (3rd) level positions in
government shall be incrementally increased to achieve a fifty-fifty
(50-50) gender balance;
(b) Development Councils and Planning Bodies. - To ensure

the participation of women in all levels of development planning
and program implementation, at least forty percent (40%) of
membership of all development councils from the regional,
provincial, city, municipal and barangay levels shall be composed
of women;
(c) Other Policy and Decision-Making Bodies. - Women's
groups shall also be represented in international, national, and
local special and decision-making bodies;
(d) International Bodies. - The State shall take all appropriate

measures to ensure the opportunity of women, on equal terms with
men and without any discrimination, to represent their
governments at the international level and to participate in the
work of international organizations;
(e) Integration of Women in Political Parties. - The State shall

provide incentives to political parties with women's agenda. It shall
likewise encourage the integration of women in their leadership
hierarchy, internal policy-making structures, appointive, and
electoral nominating processes; and
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(f) Private Sector. - The State shall take measures to
encourage women leadership in the private sector in the form of
incentives.
Section 12. Equal Treatment Before the Law. - The State shall take steps to
review and, when necessary, amend and/or repeal existing laws that are
discriminatory to women within three (3) years from the effectivity of this
Act.
Section 13. Equal Access and Elimination of Discrimination in Education,

Scholarships, and Training.
(a) The State shall ensure that gender stereotypes and images
in educational materials and curricula are adequately and
appropriately revised. Gender-sensitive language shall be used at
all times. Capacity-building on gender and development (GAD),
peace and human rights, education for teachers, and all those
involved in the education sector shall be pursued toward this end.
Partnerships between and among players of the education sector,
including the private sector, churches, and faith groups shall be
encouraged.
(b) Enrollment of women in nontraditional skills training in

vocational and tertiary levels shall be encouraged.
(c) Expulsion and non-readmission of women faculty due to

pregnant; - outside of marriage shall be outlawed. No school shall
turn out or refuse admission to a female student solely on the
account of her having contracted pregnancy outside of marriage
during her term in school.
Section 14. Women in Sports. - The State shall develop, establish, and
strengthen programs for the participation of women and girl-children in
competitive and noncompetitive sports as a means to achieve excellence,
promote physical and social well-being, eliminate gender-role
stereotyping, and provide equal access to the full benefits of development
for all persons regardless of sex, gender identity, and other similar factors.
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For this purpose, all sports-related organizations shall create guidelines that
will establish and integrate affirmative action as a strategy and gender
equality as a framework in planning and implementing their policies,
budgets, programs, and activities relating to the participation of women
and girls in sports.
The State will also provide material and nonmaterial incentives to local
government units, media organizations, and the private sector for
promoting, training, and preparing women and girls for participation in
competitive and noncompetitive sports, especially in local and
international events, including, but not limited to, the Palarong Pambansa,
Southeast Asian Games, Asian Games, and the Olympics.
No sports event or tournament will offer or award a different sports prize,

with respect to its amount or value, to women and men winners in the same
sports category: Provided, That the said tournament, contest, race, match,
event, or game is open to both sexes: Provided, further, That the sports
event or tournament is divided into male or female divisions.
The State shall also ensure the safety and well-being of all women and girls
participating in sports, especially, but not limited to, trainees, reserve
members, members, coaches, and mentors of national sports teams,
whether in studying, training, or performance phases, by providing them
comprehensive health and medical insurance coverage, as well as
integrated medical, nutritional, and healthcare services.
Schools, colleges, universities, or any other learning institution shall take into
account its total women student population in granting athletic
scholarship. There shall be a pro rata representation of women in the
athletic scholarship program based on the percentage of women in the
whole student population.
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Section 15. Women in the Military. - The State shall pursue appropriate
measures to eliminate discrimination of women in the military, police, and
other similar services, including revising or abolishing policies and practices
that restrict women from availing of both combat and noncombat training
that are open to men, or from taking on functions other than administrative
tasks, such as engaging in combat, security-related, or field operations.
Women in the military shall be accorded the same promotional privileges
and opportunities as men, including pay increases, additional
remunerations and benefits, and awards based on their competency and
quality of performance. Towards this end, the State shall ensure that the
personal dignity of women shall always be respected.
Women in the military, police, and other similar services shall be provided
with the same right to employment as men on equal conditions. Equally,
they shall be accorded the same capacity as men to act in and enter into
contracts, including marriage.
Further, women in the military, police; and other similar services shall be
entitled to leave benefits such as maternity leave, as provided for by
existing laws.
Section 16. Nondiscriminatory and No derogatory Portrayal of Women in

Media and Film. - The State shall formulate policies and programs for the
advancement of women in collaboration with government and
nongovernment media-related organizations. It shall likewise endeavor to
raise the consciousness of the general public in recognizing the dignity of
women and the role and contribution of women in the family; community,
and the society through the strategic use of mass media.
For this purpose, the State shall ensure allocation of space; airtime, and
resources, strengthen programming, production, and image-making that
appropriately present women's needs, issues, and concerns in all forms of
media, communication, information dissemination, and advertising.
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The State, in cooperation with all schools of journalism, information, and
communication, as well as the national media federations and
associations, shall require all media organizations and corporations to
integrate into their human resource development components regular
training on gender equality and gender-based discrimination, create and
use gender equality guidelines in all aspects of management, training,
production, information, dissemination, communication, and
programming; and convene a gender equality committee that will
promote gender mainstreaming as a framework and affirmative action as
a strategy, and monitor and evaluate the implementation of gender
equality guidelines.
Section 17. Women's Right to Health. - (a) Comprehensive Health Services.

- The State shall, at all times, provide for a comprehensive, culture-sensitive,
and gender-responsive health services and programs covering all stages
of a woman's life cycle and which addresses the major causes of women's
mortality and morbidity: Provided, That in the provision for comprehensive
health services, due respect shall be accorded to women's religious
convictions, the rights of the spouses to found a family in accordance with
their religious convictions, and the demands of responsible parenthood,
and the right of women to protection from hazardous drugs, devices,
interventions, and substances.
Access to the following services shall be ensured:
(1) Maternal care to include pre- and post-natal services to

address pregnancy and infant health and nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective methods of

family planning;
(4) Family and State collaboration in youth sexuality

education and health services without prejudice to the primary
right and duty of parents to educate their children;
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(5) Prevention and management of reproductive tract
infections, including sexually transmitted diseases, HIV, and AIDS;
(6) Prevention and management of reproductive tract

cancers like breast and cervical cancers, and other gynecological
conditions and disorders;
(7) Prevention of abortion and management of pregnancy-

related complications;
(8) In cases of violence against women and children, women

and children victims and survivors shall be provided with
comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance
towards healing, recovery, and empowerment;
(9) Prevention and management of infertility and sexual

dysfunction pursuant to ethical norms and medical standards;
(10) Care of the elderly women beyond their child-bearing

years; and
(11) Management, treatment, and intervention of mental

health problems of women and girls. In addition, healthy lifestyle
activities are encouraged and promoted through programs and
projects as strategies in the prevention of diseases.
(b) Comprehensive Health Information and Education. - The State shall

provide women in all sectors with appropriate, timely, complete, and
accurate information and education on all the above-stated aspects of
women's health in government education and training programs, with due
regard to the following:
(1) The natural and primary right and duty of parents in the
rearing of the youth and the development of moral character and
the right of children to be brought up in an atmosphere of morality
and rectitude for the enrichment and strengthening of character;
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(2) The formation of a person's sexuality that affirms human
dignity; and
(3) Ethical, legal, safe, and effective family planning methods

including fertility awareness.
Section 18. Special Leave Benefits for Women. - A woman employee having
rendered continuous aggregate employment service of at least six (6)
months for the last twelve (12) months shall be entitled to a special leave
benefit of two (2) months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.
Section 19. Equal Rights in All Matters Relating to Marriage and Family
Relations. - The State shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family
relations and shall ensure:
(a) the same rights to enter into and leave marriages or

common law relationships referred to under the Family Code
without prejudice to personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into
marriage only with their free and full consent. The betrothal and
the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their

children and to have access to the information, education and
means to enable them to exercise these rights;
(d) the same personal rights between spouses or common law

spouses including the right to choose freely a profession and an
occupation;
(e) the same rights for both spouses or common law spouses
in respect of the ownership, acquisition, management,
administration, enjoyment, and disposition of property;
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(f) the same rights to properties and resources, whether titled
or not, and inheritance, whether formal or customary; and
(g) women shall have equal rights with men to acquire,

change, or retain their nationality. The State shall ensure in
particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically
change the nationality of the wife, render her stateless or force
upon her the nationality of the husband. Various statutes of other
countries concerning dual citizenship that may be enjoyed equally
by women and men shall likewise be considered.
Customary laws shall be respected: Provided, however, That they do not

discriminate against women.
CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS
Women in marginalized sectors are hereby guaranteed all civil, political,

social, and economic rights recognized, promoted, and protected under
existing laws including, but not limited to, the Indigenous Peoples Rights Act,
the Urban Development and Housing Act, the Comprehensive Agrarian
Reform Law, the Fisheries Code, the Labor Code, the Migrant Workers Act,
the Solo Parents Welfare Act, and the Social Reform and Poverty Alleviation
Act.
Section 20. Food Security and Productive Resources. - The State recognizes
the contribution of women to food production and shall ensure its
sustainability and sufficiency with the active participation of women.
Towards this end, the State shall guarantee, at all times, the availability in
the market of safe and health-giving food to satisfy the dietary needs of
the population, giving particular attention to the specific needs of poor
girlchildren and marginalized women, especially pregnant and lactating
mothers and their young children. To further address this, the State shall
ensure:
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(a) Right to Food. - The State shall guarantee the availability
of food in quantity and quality sufficient to satisfy the dietary needs
of individuals, the physical and economic accessibility for
everyone to adequate food that is culturally acceptable and free
from unsafe substances and culturally accepted, and the
accurate and substantial information to the availability of food,
including the right to full, accurate, and truthful information about
safe and healthgiving foods and how to produce and have regular
and easy access to them;
(b) Right to Resources for Food Production. - The State shall

guarantee women a vital role in food production by giving priority
to their rights to land, credit, and infrastructure support, technical
training, and technological and marketing assistance. The State
shall promote women-friendly technology as a high priority activity
in agriculture and shall promote the right to adequate food by
proactively engaging in activities intended to strengthen access
to, utilization of, and receipt of accurate and substantial
information on resources and means to ensure women's livelihood,
including food security:
(1) Equal status shall be given to women and men,

whether married or not, in the titling of the land and
issuance of stewardship contracts and patents;
(2) Equal treatment shall be given to women and

men beneficiaries of the agrarian reform program,
wherein the vested right of a woman agrarian reform
beneficiary is defined by a woman's relationship to tillage,
i.e., her direct and indirect contribution to the
development of the land;
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(3) Customary rights of women to the land, including
access to and control of the fruits and benefits, shall be
recognized in circumstances where private ownership is
not possible, such as ancestral domain claims:
(4) Information and assistance in claiming rights to

the land shall be made available to women at all times;
(5) Equal rights to women to the enjoyment, use, and

management of land, water, and other natural resources
within their communities or ancestral domains;
(6) Equal access to the use and management of

fisheries and aquatic resources, and all the rights and
benefits accruing to stakeholders in the fishing industry;
(7) Equal status shall be given to women and men in

the issuance of stewardship or lease agreements and
other fishery rights that may be granted for the use and
management of coastal and aquatic resources. In the
same manner, women's organizations shall be given equal
treatment as with other marginalized fishers organizations
in the issuance of stewardship or lease agreements or
other fishery rights for the use and management of such
coastal and aquatic resources which may include
providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in

the deputization of fish wardens;
(9) Women-friendly and sustainable agriculture

technology shall be designed based on accessibility and
viability in consultation with women's organizations;
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(10) Access to small farmer-based and controlled
seeds production and distribution shall be ensured and
protected;
(11) Indigenous practices of women in seed storage

and cultivation shall be recognized, encouraged, and
protected;
(12) Equal rights shall be given to women to be

members of farmers' organizations to ensure wider access
to and control of the means of production;
(13) Provide opportunities for empowering women

fishers to be involved in the control and management, not
only of the catch and production of aquamarine
resources but also, to engage in entrepreneurial activities
which will add value to production and marketing
ventures; and
(14) Provide economic opportunities for the

indigenous women. Particularly access to market for their
produce.
In the enforcement of the foregoing, the requirements of law shall be

observed at all times.
Section 21. Right to Housing. - The State shall develop housing programs for
women that are localized, simple, and accessible, with potable water, and
electricity, secure, with viable employment opportunities and affordable
amortization. In this regard, the State shall consult women and involve them in
community planning and development, especially in matters pertaining to
land use, zoning, and relocation.
Section 22. Right to Decent Work. - The State shall progressively realize and
ensure decent work standards for women that involve the creation of jobs
of acceptable quality in conditions of freedom, equity, security, and
human dignity.
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(a) Decent work involves opportunities for work that are productive
and fairly remunerative as family living wage, security in the workplace,
and social protection for families, better prospects for personal
development and social integration, freedom for people to express their
concerns organize, participate in the decisions that affect their lives, and
equality of opportunity and treatment for all women and men.
(b) The State shall further ensure:
(1) Support services and gears to protect them from

occupational and health hazards taking into account women's
maternal functions;
(2) Support services that will enable women to balance their

family obligations and work responsibilities including, but not limited
to, the establishment of day care centers and breast-feeding
stations at the workplace, and providing maternity leave pursuant
to the
Labor Code and other pertinent laws;
(3) Membership in unions regardless of status of employment

and place of employment; and
(4) Respect for the observance of indigenous peoples'

cultural practices even in the workplace.
(c) In recognition of the temporary nature of overseas work, the State

shall exert all efforts to address the causes of out-migration by developing
local employment and other economic opportunities for women and by
introducing measures to curb violence and forced and involuntary
displacement of local women. The State shall ensure the protection and
promotion of the rights and welfare of migrant women regardless of their
work status, and protect them against discrimination in wages, conditions
of work, and employment opportunities in host countries.
Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State
shall ensure that women are provided with the following:
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(a) Equal access to formal sources of credit and capital;
(b) Equal share to the produce of farms and aquatic

resources; and Employment opportunities for returning women
migrant workers taking into account their skills and qualifications.
Corollary, the State shall also promote skills and entrepreneurship
development of returning women migrant workers.
Section 24. Right to Education and Training. - The State shall ensure the
following:
(a) Women migrant workers have the opportunity to undergo

skills training, if they so desire, before taking on a foreign job, and
possible retraining upon return to the country:
(b) Gender-sensitive training and seminars; and
(c) Equal opportunities in scholarships based on merit and

fitness, especially to those interested in research and development
aimed towards women-friendly farm technology.
Section 25. Right to Representation and Participation. - The State shall

ensure women's participation in policy-making or decision-making bodies
in the regional, national, and international levels. It shall also ensure the
participation of grassroots women leaders in decision and policy-making
bodies in their respective sectors including, but not limited to, the
Presidential Agrarian Reform Council (PARC) and its local counterparts;
community-based resource management bodies or mechanisms on forest
management and stewardship; the National Fisheries and Aquatic
Resources Management Council (NFARMC) and its local counterparts; the
National Commission on Indigenous Peoples; the Presidential Commission
for the Urban Poor; the National Anti-Poverty Commission; and, where
applicable, the local housing boards.
Section 26. Right to Information. - Access to information regarding policies

on women, including programs, projects, and funding outlays that affect
them, shall be ensured.
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Section 27. Social Protection.
(a) The Social Security System (SSS) and the Philippine Health
Insurance Corporation (PhilHealth) shall support indigenous and
community-based social protection schemes.
(b) The State shall institute policies and programs that seek to
reduce the poverty and vulnerability to risks and enhance the
social status and rights of the marginalized women by promoting
and protecting livelihood and employment, protecting against
hazards and sudden; loss of income, and improving people's
capacity to manage risks.
(c) The State shall endeavor to reduce and eventually

eliminate transfer costs of remittances from abroad through
appropriate bilateral and multilateral agreements. It shall likewise
provide access to investment opportunities for remittances in line
with national development efforts.
(d) The State shall establish a health insurance program for

senior citizens and indigents.
(e) The State shall support women with disabilities on a

communitybased social protection scheme.
Section 28. Recognition and Preservation of Cultural Identity and Integrity.

- The State shall recognize and respect the rights of Moro and indigenous
women to practice, promote, protect, and preserve their own culture,
traditions, and institutions and to consider these rights in the formulation
and implementation of national policies and programs. To this end, the
State shall adopt measures in consultation with the sectors concerned to
protect their rights to their indigenous knowledge systems and practices,
traditional livelihood, and other manifestations of their cultures and ways of
life: Provided, That these cultural systems and practices are not
discriminatory to women.
Section 29. Peace and Development. - The peace process shall be pursued
with the following considerations:
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(a) Increase the number of women participating in discussions
and decision-making in the peace process, including membership
in peace panels recognizing women's role in conflictprevention
and peace-making and in indigenous system of conflict resolution;
(b) Ensure the development and inclusion of women's welfare

and concerns in the peace agenda in the overall peace strategy
and women's participation in the planning, implementation,
monitoring, and evaluation of rehabilitation and rebuilding of
conflict-affected areas;
(c) The institution of measures to ensure the protection of

civilians in conflict-affected communities with special
consideration for the specific needs of women and girls:
(d) Include the peace perspective in the education

curriculum and other educational undertakings; and
(e) The recognition and support for women's role in

conflictprevention, management, resolution and peacemaking,
and in indigenous systems of conflict resolution.
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Section 30. Women in Especially Difficult Circumstances. - For purposes of
this Act, "Women in Especially Difficult Circumstances" (WEDC) shall refer to
victims and survivors of sexual and physical abuse, illegal recruitment,
prostitution, trafficking, armed conflict, women in detention, victims and
survivors of rape and incest, and such other related circumstances which
have incapacitated them functionally. Local government units are
therefore mandated to deliver the necessary services and interventions to
WEDC under their respective jurisdictions.
Section 31. Services and Interventions. - WEDC shall be provided with

services and interventions as necessary such as, but not limited to, the
following:
(a) Temporary and protective custody;

(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services;
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement; (j) Financial assistance: and
(k) Transportation assistance.
Section 32. Protection of Girl-Children.
(a) The State shall pursue measures to eliminate all forms of

discrimination against girl-children in education, health and nutrition, and
skills development.
(b) Girl-children shall be protected from all forms of abuse and

exploitation.
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(c) Equal access of Moro and indigenous girl-children in the Madaris,
schools of living culture and traditions, and the regular schools shall be
ensured.
(d) Gender-sensitive curriculum, including legal literacy, books, and

curriculum in the Madaris and schools of living culture and traditions shall
be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous

practices, such as fasting in the month of Ramadan, choice of clothing
(including the wearing of hijab), and availability of halal food shall be
ensured.
Section 33. Protection of Senior Citizens. - The State shall protect women
senior citizens from neglect, abandonment, domestic violence, abuse,
exploitation, and discrimination. Towards this end, the State shall ensure
special protective mechanisms and support services against violence,
sexual abuse, exploitation, and discrimination of older women.
Section 34. Women are entitled to the recognition and protection of their
rights defined and guaranteed under this Act including their right to
nondiscrimination.
Section 35. Discrimination Against Women is Prohibited. - Public and private

entities and individuals found to have committed discrimination against
women shall be subject to the sanctions provided in Section 41 hereof.
Violations of other rights of women shall be subject to sanctions under
pertinent laws and regulations.
CHAPTER VI
INSTITUTIONAL MECHANISMS
Section 36. Gender Mainstreaming as a Strategy for Implementing the

Magna Carta of Women. - Within a period prescribed in the implementing
rules and regulations, the National Commission on the Role of Filipino
Women (NCRFW) shall assess its gender mainstreaming program for
consistency with the standards under this Act. It shall modify the program
326
accordingly to ensure that it will be an effective strategy for implementing
this Act and attaining its objectives.
All departments, including their attached agencies, offices, bureaus, state

universities and colleges, government-owned and -controlled
corporations, local government units, and other government
instrumentalities shall adopt gender mainstreaming as a strategy to
promote women's human rights and eliminate gender discrimination in their
systems, structures, policies, programs, processes, and procedures which
shall include, but not limited to, the following:
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD

programs addressing gender issues and concerns shall be
designed and implemented based on the mandate of
government agencies and local government units, Republic Act
No. 7192, gender equality agenda of the government and other
GAD-related legislation, policies, and commitments. The
development of GAD programs shall proceed from the conduct of
a gender audit of the agency or the local government unit and a
gender analysis of its policies, programs, services and the situation
of its clientele; the generation and review of sex-disaggregated
data; and consultation with gender/women's rights advocates
and agency/women clientele. The cost of implementing GAD
programs shall be the agency's or the local government unit's GAD
budget which shall be at least five percent (5%) of the agency's or
the local government unit's total budget appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women

in Development and Nation Building Act, which allocates five
percent (5%) to thirty percent (30%) of overseas development
assistance to GAD, government agencies receiving official
development assistance should ensure the allocation and proper
utilization of such funds to gender-responsive programs that
complement the government GAD funds and annually report
accomplishments thereof to the National Economic and
Development Authority (NEDA) and the Philippine Commission on
Women (PCW).
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The utilization and outcome of the GAD budget shall be annually
monitored and evaluated in terms of its success in influencing the
gender-responsive implementation of agency programs funded
by the remaining ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on

the use of the GAD budget for the purpose of determining its
judicious use and the efficiency, and effectiveness of interventions
in addressing gender issues towards the realization of the
objectives of the country's commitments, plans, and policies on
women empowerment, gender equality, and GAD.
Local government units are also encouraged to develop and pass

a GAD Code based on the gender issues and concerns in their
respective localities based on consultation with their women
constituents and the women's empowerment and gender equality
agenda of the government. The GAD Code shall also serve as basis
for identifying programs, activities, and projects on GAD.
Where needed, temporary gender equity measures shall be

provided for in the plans of all departments, including their
attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local
government units, and other government instrumentalities.
To move towards a more sustainable, gender-responsive, and

performance-based planning and budgeting, gender issues and
concerns shall be integrated in, among others, the following plans:
(1) Macro socioeconomic plans such as the Medium-

Term Philippine Development Plan and Medium-Term
Philippine
Investment Plan;
(2) Annual plans of all departments, including their

attached agencies, offices, bureaus, state universities and
colleges, and government-owned and -controlled
corporations; and
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(3) Local plans and agenda such as executive-
legislative agenda, comprehensive development plan
(CDP), comprehensive land use plan (CLUP), provincial
development and physical framework plan (PDPFP), and
annual investment plan.
(b) Creation and/or Strengthening of the GAD Focal Points

(GFP). All departments, including their attached agencies, offices,
bureaus, state universities and colleges, government- owned and
-controlled corporations, local government units, and other
government instrumentalities shall establish or strengthen their GAD
Focal Point System or similar GAD mechanism to catalyze and
accelerate gender mainstreaming within the agency or local
government unit.
The GAD Focal Point System shall be composed of the agency

head or local chief executive, an executive committee with an
Undersecretary (or its equivalent), local government unit official, or
office in a strategic decision-making position as Chair; and a
technical working group or secretariat which is composed of
representatives from various divisions or offices within the agency
or local government unit.
The tasks and functions of the members of the GFP shall form part
of their regular key result areas and shall be given due
consideration in their performance evaluation.
329
(c) Generation and Maintenance of GAD Database. All
departments, including their attached agencies, offices, bureaus,
state universities and colleges, government-owned and -
controlled corporations, local government units, and other
government instrumentalities shall develop and maintain a GAD
database containing gender statistics and sex disaggregated
data that have been systematically gathered, regularly updated;
and subjected to; gender analysis for planning, programming, and
policy formulation.
Section 37. Gender Focal Point Officer in Philippine Embassies and

Consulates. - An officer duly trained on GAD shall be designated as the
gender focal point in the consular section of Philippine embassies or
consulates. Said officer shall be primarily responsible in handling gender
concerns of women migrant workers. Attached agencies shall cooperate
in strengthening the Philippine foreign posts' programs for the delivery of
services to women migrant workers.
Section 38. National Commission on the Role of Filipino Women (NCRFW). -

The National Commission on the Role of Filipino Women (NCRFW) shall be
renamed as the Philippine Commission on Women (PCW), the primary
policymaking and coordinating body of the women and gender equality
concerns under the Office of the President. The PCW shall be the overall
monitoring body and oversight to ensure the implementation of this Act. In
doing so, the PCW may direct any government agency and
instrumentality, as may be necessary, to report on the implementation of
this Act and for them to immediately respond to the problems brought to
their attention in relation to this Act. The PCW shall also lead in ensuring that
government agencies are capacitated on the effective implementation
of this Act. The chairperson shall likewise report to the President in Cabinet
meetings on the implementation of this Act.
To the extent possible, the PCW shall influence the systems, processes, and
procedures of the executive, legislative, and judicial branches of
government vis-a-vis GAD to ensure the implementation of this Act.
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To effectively and efficiently undertake and accomplish its functions, the
PCW shall revise its structure and staffing pattern with the assistance of the
Department of Budget and Management.
Section 39. Commission on Human Rights (CHR). - The Commission, acting

as the Gender and Development Ombud, consistent with its mandate, shall
undertake measures such as the following:
(a) Monitor with the PCW and other state agencies, among
others, in developing indicators and guidelines to comply with their
duties related to the human rights of women, including their right
to nondiscrimination guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women's

Human Rights Center to be primarily responsible for formulating
and implementing programs and activities related to the
promotion and protection of the human rights of women, including
the investigations and complaints of discrimination and violations
of their rights brought under this Act and related laws and
regulations;
(c) Establish guidelines and mechanisms, among others, that

will facilitate access of women to legal remedies under this Act and
related laws, and enhance the protection and promotion of the
rights of women, especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies,

institutions, or establishments that violate the provisions of this Act;
and
(e) Recommend to the President of the Philippines or the Civil

Service Commission any possible administrative action based on
noncompliance or failure to implement the provisions of this Act.
Section 40. Monitoring Progress and Implementation and Impact of this Act.
- The PCW, in coordination with other state agencies and the CHR, shall
submit to Congress regular reports on the progress of the implementation
331
of this Act highlighting the impact thereof on the status and human rights
of women: Provided, That the second report shall include an assessment of
the effectiveness of this Act and recommend amendments to improve its
provisions: Provided, finally, That these reports shall be submitted to
Congress every three (3) years or as determined in the implementing rules
and regulations.
Section 41. Penalties. - Upon finding of the CHR that a department, agency,
or instrumentality of government, government-owned and -controlled
corporation, or local government unit has violated any provision of this Act
and its implementing rules and regulations, the sanctions under
administrative law, civil service, or other appropriate laws shall be
recommended to the Civil Service Commission and/or the Department of
the Interior and Local Government. The person directly responsible for the
violation as well as the head of the agency or local chief executive shall
be held liable under this Act.
If the violation is committed by a private entity or individual, the person

directly responsible for the violation shall be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended party from
pursuing other remedies available under the law and to invoke any of the
provisions of existing laws especially those recently enacted laws
protecting women and children, including the Women in Development
and Nation Building Act (Republic Act No. 7192), the Special Protection of
Children
Against Child Abuse, Exploitation and Discrimination Act (Republic Act No.
7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the
Anti-Rape Law of 1997 (Republic Act No. 8353), the Rape Victim Assistance
and Protection Act of 1998 (Republic Act No. 8505), the Anti-Trafficking in
Persons Act of 2003 (Republic Act No. 9208) and the Anti- Violence Against
Women and Their Children Act of 2004 (Republic Act No. 9262). If violence
has been proven to be perpetrated by agents of the State including, but
not limited to, extrajudicial killings, enforced disappearances, torture, and
internal displacements, such shall be considered aggravating offenses with
corresponding penalties depending on the severity of the offenses.
332
Section 42. Incentives and Awards. - There shall be established an
incentives and awards system which shall be administered by a board
under such rules and regulations as may be promulgated by the PCW to
deserving entities, government agencies, and local government units for
their outstanding performance in upholding the rights of women and
effective implementation of gender-responsive programs.
Section 43. Funding. -The initial funding requirements for the

implementation of this Act shall be charged against the current
appropriations of the agencies concerned. Thereafter, such sums as may
be necessary for the implementation of this Act shall be included in the
agencies' yearly budgets under the General Appropriations Act.
The State shall prioritize allocation of all available resources to effectively

fulfill its obligations specified under this Act. The State agencies' GAD
budgets, which shall be at least five percent (5%) of their total budgetary
allocation, shall also be utilized for the programs and activities to
implement this Act.
Section 44. Implementing Rules and Regulations. - As the lead agency, the
PCW shall, in coordination with the Commission on Human Rights and all
concerned government departments and agencies including, as
observers, both Houses of Congress through the Committee on Youth,
Women and Family Relations (Senate) and the Committee on Women and
Gender Equality (House of Representatives) and with the participation of
representatives from nongovernment organizations (NGOs) and civil
society groups with proven track record of involvement and promotion of
the rights and welfare of Filipino women and girls identified by the PCW,
formulate the implementing rules and regulations (IRR) of this Act within one
hundred eighty (180) days after its effectivity.
Section 45. Separability Clause. - If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provisions not
otherwise affected shall remain valid and subsisting.
Section 46. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or regulation
333
contrary to, or inconsistent with, the provisions of this Act is hereby
repealed, modified, or amended accordingly.
Section 47. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.
334
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES

CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act
of 2012″.
Section 2. Declaration of Policy. — The State recognizes the vital role of

information and communications industries such as content production,
telecommunications, broadcasting electronic commerce, and data
processing, in the nation’s overall social and economic development. The
State also recognizes the importance of providing an environment
conducive to the development, acceleration, and rational application
and exploitation of information and communications technology (ICT) to
attain free, easy, and intelligible access to exchange and/or delivery of
information; and the need to protect and safeguard the integrity of
computer, computer and communications systems, networks, and
databases, and the confidentiality, integrity, and availability of information
and data stored therein, from all forms of misuse, abuse, and illegal access
by making punishable under the law such conduct or conducts. In this light,
the State shall adopt sufficient powers to effectively prevent and combat
such offenses by facilitating their detection, investigation, and prosecution
at both the domestic and international levels, and by providing
arrangements for fast and reliable international cooperation.
Section 3. Definition of Terms. — For purposes of this Act, the following terms
are hereby defined as follows:
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(a) Access refers to the instruction, communication with,
storing data in, retrieving data from, or otherwise making use of any
resources of a computer system or communication network.
(b) Alteration refers to the modification or change, in form or

substance, of an existing computer data or program.
(c) Communication refers to the transmission of information

through ICT media, including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical,

electrochemical, or other data processing or communications
device, or grouping of such devices, capable of performing
logical, arithmetic, routing, or storage functions and which includes
any storage facility or equipment or communications facility or
equipment directly related to or operating in conjunction with such
device. It covers any type of computer device including devices
with data processing capabilities like mobile phones, smart
phones, computer networks and other devices connected to the
internet.
(e) Computer data refers to any representation of facts,

information, or concepts in a form suitable for processing in a
computer system including a program suitable to cause a
computer system to perform a function and includes electronic
documents and/or electronic data messages whether stored in
local computer systems or online.
(f) Computer program refers to a set of instructions executed

by the computer to achieve intended results.
(g) Computer system refers to any device or group of

interconnected or related devices, one or more of which, pursuant
to a program, performs automated processing of data. It covers
any type of device with data processing capabilities including, but
not limited to, computers and mobile phones. The device
consisting of hardware and software may include input, output
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and storage components which may stand alone or be
connected in a network or other similar devices. It also includes
computer data storage devices or media.
(h) Without right refers to either: (i) conduct undertaken

without or in excess of authority; or (ii) conduct not covered by
established legal defenses, excuses, court orders, justifications, or
relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the

electronic medium in which online communication takes place.
(j) Critical infrastructure refers to the computer systems,

and/or networks, whether physical or virtual, and/or the computer
programs, computer data and/or traffic data so vital to this
country that the incapacity or destruction of or interference with
such system and assets would have a debilitating impact on
security, national or economic security, national public health and
safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk

management approaches, actions, training, best practices,
assurance and technologies that can be used to protect the cyber
environment and organization and user’s assets.
(l) Database refers to a representation of information,

knowledge, facts, concepts, or instructions which are being
prepared, processed or stored or have been prepared, processed
or stored in a formalized manner and which are intended for use in
a computer system.
(m) Interception refers to listening to, recording, monitoring or

surveillance of the content of communications, including
procuring of the content of data, either directly, through access
and use of a computer system or indirectly, through the use of
electronic eavesdropping or tapping devices, at the same time
that the communication is occurring.
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(n) Service provider refers to:
(1) Any public or private entity that provides to users

of its service the ability to communicate by means of a
computer system; and
(2) Any other entity that processes or stores computer

data on behalf of such communication service or users of
such service.
(o) Subscriber’s information refers to any information

contained in the form of computer data or any other form that is
held by a service provider, relating to subscribers of its services
other than traffic or content data and by which identity can be
established:
(1) The type of communication service used, the

technical provisions taken thereto and the period of
service;
(2) The subscriber’s identity, postal or geographic

address, telephone and other access numbers, any
assigned network address, billing and payment
information, available on the basis of the service
agreement or arrangement; and
(3) Any other available information on the site of the

installation of communication equipment, available on
the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer

data other than the content of the communication including, but
not limited to, the communication’s origin, destination, route, time,
date, size, duration, or type of underlying service.
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CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. — The following acts constitute the offense

of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of

computer data and systems:
(1) Illegal Access. – The access to the whole or any

part of a computer system without right.
(2) Illegal Interception. – The interception made by

technical means without right of any non-public
transmission of computer data to, from, or within a
computer system including electromagnetic emissions
from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless

alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data
message, without right, including the introduction or
transmission of viruses.
(4) System Interference. — The intentional alteration

or reckless hindering or interference with the functioning of
a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic
document, or electronic data message, without right or
authority, including the introduction or transmission of
viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement,

importation, distribution, or otherwise making
available, without right, of:
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(aa) A device, including a computer
program, designed or adapted primarily
for the purpose of committing any of the
offenses under this Act; or
(bb) A computer password, access

code, or similar data by which the whole
or any part of a computer system is
capable of being accessed with intent
that it be used for the purpose of
committing any of the offenses under this
Act.
(ii) The possession of an item referred to in

paragraphs 5(i)(aa) or (bb) above with intent to
use said devices for the purpose of committing
any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name

over the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same,
if such a domain name is:
(i) Similar, identical, or confusingly similar to

an existing trademark registered with the
appropriate government agency at the time of
the domain name registration:
(ii) Identical or in any way similar with the

name of a person other than the registrant, in
case of a personal name; and
(iii) Acquired without right or with intellectual

property interests in it.
(b) Computer-related Offenses:
340
(1) Computer-related Forgery.
(i) The input, alteration, or deletion of any
computer data without right resulting in
inauthentic data with the intent that it be
considered or acted upon for legal purposes as if
it were authentic, regardless whether or not the
data is directly readable and intelligible; or
(ii) The act of knowingly using computer

data which is the product of computer-related
forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized

input, alteration, or deletion of computer data or program
or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided,
That if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional

acquisition, use, misuse, transfer, possession, alteration or
deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if
no damage has yet been caused, the penalty imposable
shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement,

maintenance, control, or operation, directly or indirectly,
of any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor or
consideration.
(2) Child Pornography. — The unlawful or prohibited

acts defined and punishable by Republic Act No. 9775 or
the Anti-Child Pornography Act of 2009, committed
341
through a computer system: Provided, That the penalty to
be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.1âwphi1
(3) Unsolicited Commercial Communications. — The

transmission of commercial electronic communication
with the use of computer system which seek to advertise,
sell, or offer for sale products and services are prohibited
unless:
(i) There is prior affirmative consent from the

recipient; or
(ii) The primary intent of the communication

is for service and/or administrative
announcements from the sender to its existing
users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic

communication contains a simple, valid,
and reliable way for the recipient to
reject. receipt of further commercial
electronic messages (opt-out) from the
same source;
(bb) The commercial electronic

communication does not purposely
disguise the source of the electronic
message; and
(cc) The commercial electronic

communication does not purposely
include misleading information in any
part of the message in order to induce
the recipients to read the message.
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(4) Libel. — The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any
other similar means which may be devised in the future.
Section 5. Other Offenses. — The following acts shall also constitute an

offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any

person who willfully abets or aids in the commission of any of the
offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person
who willfully attempts to commit any of the offenses enumerated
in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as
amended, and special laws, if committed by, through and with the use of
information and communications technologies shall be covered by the
relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal
Code, as amended, and special laws, as the case may be.
Section 7. Liability under Other Laws. — A prosecution under this Act shall
be without prejudice to any liability for violation of any provision of the
Revised Penal Code, as amended, or special laws.
CHAPTER III PENALTIES
Section 8. Penalties. — Any person found guilty of any of the punishable

acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with
imprisonment of prision mayor or a fine of at least Two hundred thousand
pesos (PhP200,000.00) up to a maximum amount commensurate to the
damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall
be punished with imprisonment of prision mayor or a fine of not more than
Five hundred thousand pesos (PhP500,000.00) or both.
343
If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal or a fine of at least Five
hundred thousand pesos (PhP500,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in

Section 4(c)(1) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00)
but not exceeding One million pesos (PhPl,000,000.00) or both.

Section 4(c)(2) of this Act shall be punished with the penalties as
enumerated in Republic Act No. 9775 or the "Anti-Child Pornography Act
of 2009″: Provided, That the penalty to be imposed shall be one (1) degree
higher than that provided for in Republic Act No. 9775, if committed
through a computer system.

Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a
fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00) or both.

Section 5 shall be punished with imprisonment one (1) degree lower than
that of the prescribed penalty for the offense or a fine of at least One
hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred
thousand pesos (PhP500,000.00) or both.
Section 9. Corporate Liability. — When any of the punishable acts herein

defined are knowingly committed on behalf of or for the benefit of a
juridical person, by a natural person acting either individually or as part of
an organ of the juridical person, who has a leading position within, based
on: (a) a power of representation of the juridical person provided the act
committed falls within the scope of such authority; (b) an authority to take
decisions on behalf of the juridical person: Provided, That the act
committed falls within the scope of such authority; or (c) an authority to
344
exercise control within the juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines imposable in Section
7 up to a maximum of Ten million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made
possible due to the lack of supervision or control by a natural person
referred to and described in the preceding paragraph, for the benefit of
that juridical person by a natural person acting under its authority, the
juridical person shall be held liable for a fine equivalent to at least double
the fines imposable in Section 7 up to a maximum of Five million pesos
(PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the
criminal liability of the natural person who has committed the offense.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities. — The National Bureau of

Investigation (NBI) and the Philippine National Police (PNP) shall be
responsible for the efficient and effective law enforcement of the provisions
of this Act. The NBI and the PNP shall organize a cybercrime unit or center
manned by special investigators to exclusively handle cases involving
violations of this Act.
Section 11. Duties of Law Enforcement Authorities. — To ensure that the
technical nature of cybercrime and its prevention is given focus and
considering the procedures involved for international cooperation, law
enforcement authorities specifically the computer or technology crime
divisions or units responsible for the investigation of cybercrimes are
required to submit timely and regular reports including pre-operation, post-
operation and investigation results and such other documents as may be
required to the Department of Justice (DOJ) for review and monitoring.
345
Section 12. Real-Time Collection of Traffic Data. — Law enforcement
authorities, with due cause, shall be authorized to collect or record by
technical or electronic means traffic data in real-time associated with
specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route,

time, date, size, duration, or type of underlying service, but not content, nor
identities.
All other data to be collected or seized or disclosed will require a court

warrant.
Service providers are required to cooperate and assist law enforcement

authorities in the collection or recording of the above-stated information.
The court warrant required under this section shall only be issued or granted
upon written application and the examination under oath or affirmation of
the applicant and the witnesses he may produce and the showing: (1) that
there are reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed, or is being committed, or is about to be
committed: (2) that there are reasonable grounds to believe that evidence
that will be obtained is essential to the conviction of any person for, or to
the solution of, or to the prevention of, any such crimes; and (3) that there
are no other means readily available for obtaining such evidence.
Section 13. Preservation of Computer Data. — The integrity of traffic data

and subscriber information relating to communication services provided by
a service provider shall be preserved for a minimum period of six (6) months
from the date of the transaction. Content data shall be similarly preserved
for six (6) months from the date of receipt of the order from law enforcement
authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another

six (6) months: Provided, That once computer data preserved, transmitted
or stored by a service provider is used as evidence in a case, the mere
furnishing to such service provider of the transmittal document to the Office
of the Prosecutor shall be deemed a notification to preserve the computer
data until the termination of the case.
346
The service provider ordered to preserve computer data shall keep
confidential the order and its compliance.
Section 14. Disclosure of Computer Data. — Law enforcement authorities,

upon securing a court warrant, shall issue an order requiring any person or
service provider to disclose or submit subscriber’s information, traffic data
or relevant data in his/its possession or control within seventy-two (72) hours
from receipt of the order in relation to a valid complaint officially docketed
and assigned for investigation and the disclosure is necessary and relevant
for the purpose of investigation.
Section 15. Search, Seizure and Examination of Computer Data. — Where a

search and seizure warrant is properly issued, the law enforcement
authorities shall likewise have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as

defined in this Act, and:
(a) To secure a computer system or a computer data storage

medium;
(b) To make and retain a copy of those computer data

secured;
(c) To maintain the integrity of the relevant stored computer

data;
(d) To conduct forensic analysis or examination of the

computer data storage medium; and
(e) To render inaccessible or remove those computer data in

the accessed computer or computer and communications
network.
Pursuant thereof, the law enforcement authorities may order any person
who has knowledge about the functioning of the computer system and the
measures to protect and preserve the computer data therein to provide,
347
as is reasonable, the necessary information, to enable the undertaking of
the search, seizure and examination.
Law enforcement authorities may request for an extension of time to
complete the examination of the computer data storage medium and to
make a return thereon but in no case for a period longer than thirty (30)
days from date of approval by the court.
Section 16. Custody of Computer Data. — All computer data, including

content and traffic data, examined under a proper warrant shall, within
forty-eight (48) hours after the expiration of the period fixed therein, be
deposited with the court in a sealed package, and shall be accompanied
by an affidavit of the law enforcement authority executing it stating the
dates and times covered by the examination, and the law enforcement
authority who may access the deposit, among other relevant data. The law
enforcement authority shall also certify that no duplicates or copies of the
whole or any part thereof have been made, or if made, that all such
duplicates or copies are included in the package deposited with the court.
The package so deposited shall not be opened, or the recordings replayed,
or used in evidence, or then contents revealed, except upon order of the
court, which shall not be granted except upon motion, with due notice and
opportunity to be heard to the person or persons whose conversation or
communications have been recorded.
Section 17. Destruction of Computer Data. — Upon expiration of the periods

as provided in Sections 13 and 15, service providers and law enforcement
authorities, as the case may be, shall immediately and completely destroy
the computer data subject of a preservation and examination.
Section 18. Exclusionary Rule. — Any evidence procured without a valid

warrant or beyond the authority of the same shall be inadmissible for any
proceeding before any court or tribunal.
Section 19. Restricting or Blocking Access to Computer Data. — When a

computer data is prima facie found to be in violation of the provisions of this
Act, the DOJ shall issue an order to restrict or block access to such computer
data.
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Section 20. Noncompliance. — Failure to comply with the provisions of
Chapter IV hereof specifically the orders from law enforcement authorities
shall be punished as a violation of Presidential Decree No. 1829 with
imprisonment of prision correctional in its maximum period or a fine of One
hundred thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement authorities.
CHAPTER V
JURISDICTION
Section 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction
over any violation of the provisions of this Act. Including any violation
committed by a Filipino national regardless of the place of commission.
Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or
partly situated in the country, or when by such commission any damage is
caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially

trained judges to handle cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Section 22. General Principles Relating to International Cooperation. — All

relevant international instruments on international cooperation in criminal
matters, arrangements agreed on the basis of uniform or reciprocal
legislation, and domestic laws, to the widest extent possible for the purposes
of investigations or proceedings concerning criminal offenses related to
computer systems and data, or for the collection of evidence in electronic
form of a criminal, offense shall be given full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
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Section 23. Department of Justice (DOJ). — There is hereby created an
Office of Cybercrime within the DOJ designated as the central authority in
all matters related to international mutual assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating Center. — There is

hereby created, within thirty (30) days from the effectivity of this Act, an
inter-agency body to be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the administrative supervision of the
Office of the President, for policy coordination among concerned agencies
and for the formulation and enforcement of the national cyber-security
plan.
Section 25. Composition. — The CICC shall be headed by the Executive

Director of the Information and Communications Technology Office under
the Department of Science and Technology (ICTO-DOST) as Chairperson
with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head
of the DOJ Office of Cybercrime; and one (1) representative from the
private sector and academe, as members. The CICC shall be manned by
a secretariat of selected existing personnel and representatives from the
different participating agencies.1âwphi1
Section 26. Powers and Functions. — The CICC shall have the following
powers and functions:
(a) To formulate a national cybersecurity plan and extend

immediate assistance for the suppression of real-time commission
of cybercrime offenses through a computer emergency response
team (CERT);
(b) To coordinate the preparation of appropriate and

effective measures to prevent and suppress cybercrime activities
as
provided for in this Act;
(c) To monitor cybercrime cases being bandied by

participating law enforcement and prosecution agencies;
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(d) To facilitate international cooperation on intelligence,
investigations, training and capacity building related to cybercrime
prevention, suppression and prosecution;
(e) To coordinate the support and participation of the business

sector, local government units and nongovernment organizations
in cybercrime prevention programs and other related projects;
(f) To recommend the enactment of appropriate laws,

issuances, measures and policies;
(g) To call upon any government agency to render assistance

in the accomplishment of the CICC’s mandated tasks and
functions; and
(h) To perform all other matters related to cybercrime

prevention and suppression, including capacity building and such
other functions and duties as may be necessary for the proper
implementation of this Act.
CHAPTER VIII
FINAL PROVISIONS
Section 27. Appropriations. — The amount of Fifty million pesos

(PhP50,000,000.00) shall be appropriated annually for the implementation
of this Act.
Section 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ
and the Department of the Interior and Local Government (DILG) shall
jointly formulate the necessary rules and regulations within ninety (90) days
from approval of this Act, for its effective implementation.
Section 29. Separability Clause. — If any provision of this Act is held invalid,
the other provisions not affected shall remain in full force and effect.
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Section 30. Repealing Clause. — All laws, decrees or rules inconsistent with
this Act are hereby repealed or modified accordingly. Section 33(a) of
Republic Act No. 8792 or the "Electronic Commerce Act" is hereby modified
accordingly.
Section 31. Effectivity. — This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.
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AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION

AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE
SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION,
AND FOR OTHER PURPOSES
Be it enacted, by the Senate and House of Representatives of the

CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the “Data Privacy Act of
2012”.
Section 2. Declaration of Policy. – It is the policy of the State to protect the

fundamental human right of privacy, of communication while ensuring free
flow of information to promote innovation and growth. The State recognizes
the vital role of information and communications technology in
nationbuilding and its inherent obligation to ensure that personal
information in information and communications systems in the government
and in the private sector are secured and protected.
Section 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.
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(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:
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(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;
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(3) Issued by government agencies peculiar to an
individual which includes, but not limited to, social security
numbers, previous or current 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.
Section 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;
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(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.
Section 5. Protection Afforded to Journalists and Their Sources. – Nothing in

this Act shall be construed as to have amended or repealed the provisions
357
of Republic Act No. 53, which affords the publishers, editors or duly
accredited reporters of any newspaper, magazine or periodical of general
circulation protection from being compelled to reveal the source of any
news report or information appearing in said publication which was related
in any confidence to such publisher, editor, or reporter.
Section 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;
(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.
[a] Issue cease and desist orders, impose a temporary or

permanent ban on the processing of personal information, upon
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finding that the processing will be detrimental to national security
and public interest;
[b] Compel or petition any entity, government agency or

instrumentality to abide by its orders or take action on a matter
affecting data privacy;
[c] Monitor the compliance of other government agencies or

instrumentalities on their security and technical measures and
recommend the necessary action in order to meet minimum
standards for protection of personal information pursuant to this
Act;
(a) Coordinate with other government agencies and the private

sector on efforts to formulate and implement plans and policies
to strengthen the protection of personal information in the country;
(g) Publish on a regular basis a guide to all laws relating to data
protection;
(h) Publish a compilation of agency system of records and

notices, including index and other finding aids;
(i) Recommend to the Department of Justice (DOJ) the

prosecution and imposition of penalties specified in Sections 25 to
29 of this Act;
(j) Review, approve, reject or require modification of privacy

codes voluntarily adhered to by personal information controllers:
Provided, That the privacy codes shall adhere to the underlying
data privacy principles embodied in this Act: Provided, further, That
such privacy codes may include private dispute resolution
mechanisms for complaints against any participating personal
information controller. For this purpose, the Commission shall consult
with relevant regulatory agencies in the formulation and
administration of privacy codes applying the standards set out in
this Act, with respect to the persons, entities, business activities and
business sectors that said regulatory bodies are authorized to
principally regulate pursuant to the law: Provided, finally. That the
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Commission may review such privacy codes and require changes
thereto for purposes of complying with this Act;
(k) Provide assistance on matters relating to privacy or data

protection at the request of a national or local agency, a private
entity or any person;
(l) Comment on the implication on data privacy of proposed

national or local statutes, regulations or procedures, issue advisory
opinions and interpret the provisions of this Act and other data
privacy laws;
(m) Propose legislation, amendments or modifications to

Philippine laws on privacy or data protection as may be necessary;
(n) Ensure proper and effective coordination with data

privacy regulators in other countries and private accountability
agents, participate in international and regional initiatives for data
privacy protection;
(o) Negotiate and contract with other data privacy authorities

of other countries for cross-border application and implementation
of respective privacy laws;
(p) Assist Philippine companies doing business abroad to

respond to foreign privacy or data protection laws and regulations;
and
(q) Generally perform such acts as may be necessary to

facilitate cross-border enforcement of data privacy protection.
Section 8. Confidentiality. – The Commission shall ensure at all times the

confidentiality of any personal information that comes to its knowledge and
possession.
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Section 9. Organizational Structure of the Commission. – The Commission
shall be attached to the Department of Information and Communications
Technology (DICT) and shall be headed by a Privacy Commissioner, who
shall also act as Chairman of the Commission. The Privacy Commissioner
shall be assisted by two (2) Deputy Privacy Commissioners, one to be
responsible for Data Processing Systems and one to be responsible for
Policies and Planning. The Privacy Commissioner and the two (2) Deputy
Privacy Commissioners shall be appointed by the President of the Philippines
for a term of three (3) years, and may be reappointed for another term of
three (3) years. Vacancies in the Commission shall be filled in the same
manner in which the original appointment was made.
The Privacy Commissioner must be at least thirty-five (35) years of age and
of good moral character, unquestionable integrity and known probity, and
a recognized expert in the field of information technology and data
privacy. The Privacy Commissioner shall enjoy the benefits, privileges and
emoluments equivalent to the rank of Secretary.
The Deputy Privacy Commissioners must be recognized experts in the field

of information and communications technology and data privacy. They
shall enjoy the benefits, privileges and emoluments equivalent to the rank
of Undersecretary.
The Privacy Commissioner, the Deputy Commissioners, or any person acting

on their behalf or under their direction, shall not be civilly liable for acts done
in good faith in the performance of their duties. However, he or she shall be
liable for willful or negligent acts done by him or her which are contrary to
law, morals, public policy and good customs even if he or she acted under
orders or instructions of superiors: Provided, That in case a lawsuit is filed
against such official on the subject of the performance of his or her duties,
where such performance is lawful, he or she shall be reimbursed by the
Commission for reasonable costs of litigation.
Section 10. The Secretariat. – The Commission is hereby authorized to
establish a Secretariat. Majority of the members of the Secretariat must
have served for at least five (5) years in any agency of the government that
is involved in the processing of personal information including, but not
limited to, the following offices: Social Security System (SSS), Government
Service Insurance System (GSIS), Land Transportation Office (LTO), Bureau
of Internal Revenue (BIR), Philippine Health Insurance Corporation
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(PhilHealth), Commission on Elections (COMELEC), Department of Foreign
Affairs (DFA), Department of Justice (DOJ), and Philippine Postal
Corporation (Philpost).
CHAPTER III
PROCESSING OF PERSONAL INFORMATION
Section 11. General Data Privacy Principles. – The processing of personal

information shall be allowed, subject to compliance with the requirements
of this Act and other laws allowing disclosure of information to the public
and adherence to the principles of transparency, legitimate purpose and
proportionality.
Personal information must, be:,
(a) Collected for specified and legitimate purposes

determined and declared before, or as soon as reasonably
practicable after collection, and later processed in a way
compatible with such declared, specified and legitimate purposes
only;
(b) Processed fairly and lawfully;
(c) Accurate, relevant and, where necessary for purposes for

which it is to be used the processing of personal information, kept
up to date; inaccurate or incomplete data must be rectified,
supplemented, destroyed or their further processing restricted;
(d) Adequate and not excessive in relation to the purposes for

which they are collected and processed;
(e) Retained only for as long as necessary for the fulfillment of

the purposes for which the data was obtained or for the
establishment, exercise or defense of legal claims, or for legitimate
business purposes, or as provided by law; and
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(f) Kept in a form which permits identification of data subjects
for no longer than is necessary for the purposes for which the data
were collected and processed: Provided, That personal information
collected for other purposes may lie processed for historical,
statistical or scientific purposes, and in cases laid down in law may
be stored for longer periods: Provided, further, That adequate
safeguards are guaranteed by said laws authorizing their
processing.
The personal information controller must ensure implementation of personal

information processing principles set out herein.
Section 12. Criteria for Lawful Processing of Personal Information. – The

processing of personal information shall be permitted only if not otherwise
prohibited by law, and when at least one of the following conditions exists:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is

related to the fulfillment of a contract with the data subject or in
order to take steps at the request of the data subject prior to
entering into a contract;
(c) The processing is necessary for compliance with a legal

obligation to which the personal information controller is subject;
(d) The processing is necessary to protect vitally important

interests of the data subject, including life and health;
(e) The processing is necessary in order to respond to national

emergency, to comply with the requirements of public order and
safety, or to fulfill functions of public authority which necessarily
includes the processing of personal data for the fulfillment of its
mandate; or
(f) The processing is necessary for the purposes of the

legitimate interests pursued by the personal information controller
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or by a third party or parties to whom the data is disclosed, except
where such interests are overridden by fundamental rights and
freedoms of the data subject which require protection under the
Philippine Constitution.
Section 13. Sensitive Personal Information and Privileged Information. – The

processing of sensitive personal information and privileged information shall
be prohibited, except in the following cases:
(a) The data subject has given his or her consent, specific to
the purpose prior to the processing, or in the case of privileged
information, all parties to the exchange have given their consent
prior to processing;
(b) The processing of the same is provided for by existing laws

and regulations: Provided, That such regulatory enactments
guarantee the protection of the sensitive personal information and
the privileged information: Provided, further, That the consent of the
data subjects are not required by law or regulation permitting the
processing of the sensitive personal information or the privileged
information;
(c) The processing is necessary to protect the life and health

of the data subject or another person, and the data subject is not
legally or physically able to express his or her consent prior to the
processing;
(d) The processing is necessary to achieve the lawful and

noncommercial objectives of public organizations and their
associations: Provided, That such processing is only confined and
related to the bona fide members of these organizations or their
associations: Provided, further, That the sensitive personal
information are not transferred to third parties: Provided, finally,
That consent of the data subject was obtained prior to processing;
(e) The processing is necessary for purposes of medical

treatment, is carried out by a medical practitioner or a medical
treatment institution, and an adequate level of protection of
personal information is ensured; or
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(f) The processing concerns such personal information as is
necessary for the protection of lawful rights and interests of natural
or legal persons in court proceedings, or the establishment, exercise
or defense of legal claims, or when provided to government or
public authority.
Section 14. Subcontract of Personal Information. – A personal information

controller may subcontract the processing of personal information:
Provided, That the personal information controller shall be responsible for
ensuring that proper safeguards are in place to ensure the confidentiality
of the personal information processed, prevent its use for unauthorized
purposes, and generally, comply with the requirements of this Act and other
laws for processing of personal information. The personal information
processor shall comply with all the requirements of this Act and other
applicable laws.
Section 15. Extension of Privileged Communication. – Personal information

controllers may invoke the principle of privileged communication over
privileged information that they lawfully control or process. Subject to
existing laws and regulations, any evidence gathered on privileged
information is inadmissible.
CHAPTER IV
RIGHTS OF THE DATA SUBJECT
Section 16. Rights of the Data Subject. – The data subject is entitled to:
(a) Be informed whether personal information pertaining to

him or her shall be, are being or have been processed;
(b) Be furnished the information indicated hereunder before

the entry of his or her personal information into the processing
system of the personal information controller, or at the next
practical opportunity:
(1) Description of the personal information to be

entered into the system;
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(2) Purposes for which they are being or are to be
processed;
(3) Scope and method of the personal information

processing;
(4) The recipients or classes of recipients to whom they

are or may be disclosed;
(5) Methods utilized for automated access, if the

same is allowed by the data subject, and the extent to
which such access is authorized;
(6) The identity and contact details of the personal

information controller or its representative;
(7) The period for which the information will be stored;

and
(8) The existence of their rights, i.e., to access,

correction,
as well as the right to lodge a complaint before the
Commission.
Any information supplied or declaration made to the data subject on these

matters shall not be amended without prior notification of data subject:
Provided, That the notification under subsection (b) shall not apply should
the personal information be needed pursuant to a subpoena or when the
collection and processing are for obvious purposes, including when it is
necessary for the performance of or in relation to a contract or service or
when necessary or desirable in the context of an employer-employee
relationship, between the collector and the data subject, or when the
information is being collected and processed as a result of legal obligation;
(c) Reasonable access to, upon demand, the following:
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(1) Contents of his or her personal information that
were processed;
(2) Sources from which personal information were

obtained;
(3) Names and addresses of recipients of the personal

information;
(4) Manner by which such data were processed;
(5) Reasons for the disclosure of the personal

information to recipients;
(6) Information on automated processes where the

data will or likely to be made as the sole basis for any
decision significantly affecting or will affect the data
subject;
(7) Date when his or her personal information

concerning the data subject were last accessed and
modified; and
(8) The designation, or name or identity and address

of the personal information controller;
(d) Dispute the inaccuracy or error in the personal information

and have the personal information controller correct it immediately
and accordingly, unless the request is vexatious or otherwise
unreasonable. If the personal information have been corrected,
the personal information controller shall ensure the accessibility of
both the new and the retracted information and the simultaneous
receipt of the new and the retracted information by recipients
thereof: Provided, That the third parties who have previously
received such processed personal information shall he informed of
its inaccuracy and its rectification upon reasonable request of the
data subject;
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(e) Suspend, withdraw or order the blocking, removal or
destruction of his or her personal information from the personal
information controller’s filing system upon discovery and substantial
proof that the personal information are incomplete, outdated,
false, unlawfully obtained, used for unauthorized purposes or are no
longer necessary for the purposes for which they were collected. In
this case, the personal information controller may notify third parties
who have previously received such processed personal
information; and
(f) Be indemnified for any damages sustained due to such

inaccurate, incomplete, outdated, false, unlawfully obtained or
unauthorized use of personal information.
Section 17. Transmissibility of Rights of the Data Subject. – The lawful heirs
and assigns of the data subject may invoke the rights of the data subject
for, which he or she is an heir or assignee at any time after the death of the
data subject or when the data subject is incapacitated or incapable of
exercising the rights as enumerated in the immediately preceding section.
Section 18. Right to Data Portability. – The data subject shall have the right,
where personal information is processed by electronic means and in a
structured and commonly used format, to obtain from the personal
information controller a copy of data undergoing processing in an
electronic or structured format, which is commonly used and allows for
further use by the data subject. The Commission may specify the electronic
format referred to above, as well as the technical standards, modalities and
procedures for their transfer.
Section 19. Non-Applicability. – The immediately preceding sections are not

applicable if the processed personal information are used only for the
needs of scientific and statistical research and, on the basis of such, no
activities are carried out and no decisions are taken regarding the data
subject: Provided, That the personal information shall be held under strict
confidentiality and shall be used only for the declared purpose. Likewise,
the immediately preceding sections are not applicable to processing of
personal information gathered for the purpose of investigations in relation
to any criminal, administrative or tax liabilities of a data subject.
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CHAPTER V
SECURITY OF PERSONAL INFORMATION
Section 20. Security of Personal Information.
(a) The personal information controller must implement

reasonable and appropriate organizational, physical and
technical measures intended for the protection of personal
information against any accidental or unlawful destruction,
alteration and disclosure, as well as against any other unlawful
processing.
(b) The personal information controller shall implement

reasonable and appropriate measures to protect personal
information against natural dangers such as accidental loss or
destruction, and human dangers such as unlawful access,
fraudulent misuse, unlawful destruction, alteration and
contamination.
(c) The determination of the appropriate level of security

under this section must take into account the nature of the personal
information to be protected, the risks represented by the
processing, the size of the organization and complexity of its
operations, current data privacy best practices and the cost of
security implementation. Subject to guidelines as the Commission
may issue from time to time, the measures implemented must
include:
(1) Safeguards to protect its computer network

against accidental, unlawful or
unauthorized usage or interference with or
hindering of their functioning or
availability;
(2) A security policy with respect to the processing of

personal information;
369
(3) A process for identifying and accessing reasonably
foreseeable vulnerabilities in its computer networks, and for
taking preventive, corrective and mitigating action against
security incidents that can lead to a security breach; and
(4) Regular monitoring for security breaches and a

process for taking preventive, corrective and mitigating
action against security incidents that can lead to a security
breach.
(d) The personal information controller must further ensure that

third parties processing personal information on its behalf shall
implement the security measures required by this provision.
(e) The employees, agents or representatives of a personal

information controller who are involved in the processing of
personal information shall operate and hold personal information
under strict confidentiality if the personal information are not
intended for public disclosure. This obligation shall continue even
after leaving the public service, transfer to another position or upon
termination of employment or contractual relations.
(f) The personal information controller shall promptly notify the

Commission and affected data subjects when sensitive personal
information or other information that may, under the
circumstances, be used to enable identity fraud are reasonably
believed to have been acquired by an unauthorized person, and
the personal information controller or the Commission believes (bat
such unauthorized acquisition is likely to give rise to a real risk of
serious harm to any affected data subject. The notification shall at
least describe the nature of the breach, the sensitive personal
information possibly involved, and the measures taken by the entity
to address the breach. Notification may be delayed only to the
extent necessary to determine the scope of the breach, to prevent
further disclosures, or to restore reasonable integrity to the
information and communications system.
370
(1) In evaluating if notification is unwarranted, the
Commission may take into account compliance by the
personal information controller with this section and
existence of good faith in the acquisition of personal
information.
(2) The Commission may exempt a personal

information controller from notification where, in its
reasonable judgment, such notification would not be in the
public interest or in the interests of the affected data
subjects.
(3) The Commission may authorize postponement of

notification where it may hinder the progress of a criminal
investigation related to a serious breach.
CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL INFORMATION
Section 21. Principle of Accountability. – Each personal information

controller is responsible for personal information under its control or custody,
including information that have been transferred to a third party for
processing, whether domestically or internationally, subject to cross-border
arrangement and cooperation.
(a) The personal information controller is accountable for

complying with the requirements of this Act and shall use
contractual or other reasonable means to provide a comparable
level of protection while the information are being processed by a
third party.
(b) The personal information controller shall designate an

individual or individuals who are accountable for the organization’s
compliance with this Act. The identity of the individual(s) so
designated shall be made known to any data subject upon
request.
371
CHAPTER VII
SECURITY OF SENSITIVE PERSONAL INFORMATION
IN GOVERNMENT
Section 22. Responsibility of Heads of Agencies. – All sensitive personal

information maintained by the government, its agencies and
instrumentalities shall be secured, as far as practicable, with the use of the
most appropriate standard recognized by the information and
communications technology industry, and as recommended by the
Commission. The head of each government agency or instrumentality shall
be responsible for complying with the security requirements mentioned
herein while the Commission shall monitor the compliance and may
recommend the necessary action in order to satisfy the minimum standards.
Section 23. Requirements Relating to Access by Agency Personnel to

Sensitive Personal Information.
(a) On-site and Online Access – Except as may be allowed

through guidelines to be issued by the Commission, no employee
of the government shall have access to sensitive personal
information on government property or through online facilities
unless the employee has received a security clearance from the
head of the source agency.
(b) Off-site Access – Unless otherwise provided in guidelines to

be issued by the Commission, sensitive personal
information maintained by an agency may not be transported or
accessed from a location off government property unless a
request for such transportation or access is submitted and
approved by the head of the agency in accordance with the
following guidelines:
(1) Deadline for Approval or Disapproval – In the case

of any request submitted to the head of an agency, such
head of the agency shall approve or disapprove the
request within two (2) business days after the date of
submission of the request. In case there is no action by the
372
head of the agency, then such request is considered
disapproved;
(2) Limitation to One thousand (1,000) Records – If a

request is approved, the head of the agency shall limit the
access to not more than one thousand (1,000) records at
a time; and
(3) Encryption – Any technology used to store,

transport or access sensitive personal information for
purposes of offsite access approved under this subsection
shall be secured by the use of the most secure encryption
standard recognized by the Commission.
The requirements of this subsection shall be implemented not later than six
(6) months after the date of the enactment of this Act.
Section 24. Applicability to Government Contractors. – In entering into any

contract that may involve accessing or requiring sensitive personal
information from one thousand (1,000) or more individuals, an agency shall
require a contractor and its employees to register their personal information
processing system with the Commission in accordance with this Act and to
comply with the other provisions of this Act including the immediately
preceding section, in the same manner as agencies and government
employees comply with such requirements.
CHAPTER VIII PENALTIES
Section 25. Unauthorized Processing of Personal Information and Sensitive

Personal Information.
(a) The unauthorized processing of personal information shall

be penalized by imprisonment ranging from one (1) year to three
(3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who process
personal information without the consent of the data subject, or
without being authorized under this Act or any existing law.
373
(b) The unauthorized processing of personal sensitive
information shall be penalized by imprisonment ranging from three
(3) years to six (6) years and a fine of not less than Five hundred
thousand pesos
(Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who process
personal information without the consent of the data subject, or
without being authorized under this Act or any existing law.
Section 26. Accessing Personal Information and Sensitive Personal

Information Due to Negligence.
(a) Accessing personal information due to negligence shall be

penalized by imprisonment ranging from one (1) year to three (3)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who, due to
negligence, provided access to personal information without being
authorized under this Act or any existing law.
(b) Accessing sensitive personal information due to

negligence shall be penalized by imprisonment ranging from three
(3) years to six (6) years and a fine of not less than Five hundred
thousand pesos
(Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who, due to
negligence, provided access to personal information without being
authorized under this Act or any existing law.
Section 27. Improper Disposal of Personal Information and Sensitive Personal

Information.
(a) The improper disposal of personal information shall be

penalized by imprisonment ranging from six (6) months to two (2)
years and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Five hundred thousand pesos
(Php500,000.00) shall be imposed on persons who knowingly or
negligently dispose, discard or abandon the personal information
374
of an individual in an area accessible to the public or has otherwise
placed the personal information of an individual in its container for
trash collection.
(b) The improper disposal of sensitive personal information shall

be penalized by imprisonment ranging from one (1) year to three
(3) years and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons who knowingly or
negligently dispose, discard or abandon the personal information
of an individual in an area accessible to the public or has otherwise
placed the personal information of an individual in its container for
trash collection.
Section 28. Processing of Personal Information and Sensitive Personal

Information for Unauthorized Purposes. – The processing of personal
information for unauthorized purposes shall be penalized by imprisonment
ranging from one (1) year and six (6) months to five (5) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more
than One million pesos (Php1,000,000.00) shall be imposed on persons
processing personal information for purposes not authorized by the data
subject, or otherwise authorized under this Act or under existing laws.
The processing of sensitive personal information for unauthorized purposes

shall be penalized by imprisonment ranging from two (2) years to seven (7)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall
be imposed on persons processing sensitive personal information for
purposes not authorized by the data subject, or otherwise authorized under
this Act or under existing laws.
Section 29. Unauthorized Access or Intentional Breach. – The penalty of

imprisonment ranging from one (1) year to three (3) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on persons who
knowingly and unlawfully, or violating data confidentiality and security data
systems, breaks in any way into any system where personal and sensitive
personal information is stored.
375
Section 30. Concealment of Security Breaches Involving Sensitive Personal
Information. – The penalty of imprisonment of one (1) year and six (6) months
to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall
be imposed on persons who, after having knowledge of a security breach
and of the obligation to notify the Commission pursuant to Section 20(f),
intentionally or by omission conceals the fact of such security breach.
Section 31. Malicious Disclosure. – Any personal information controller or

personal information processor or any of its officials, employees or agents,
who, with malice or in bad faith, discloses unwarranted or false information
relative to any personal information or personal sensitive information
obtained by him or her, shall be subject to imprisonment ranging from one
(1) year and six (6) months to five (5) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than One million
pesos (Php1,000,000.00).
Section 32. Unauthorized Disclosure.
(a) Any personal information controller or personal information

processor or any of its officials, employees or agents, who discloses
to a third party personal information not covered by the
immediately preceding section without the consent of the data
subject, shall he subject to imprisonment ranging from one (1) year
to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00).
(b) Any personal information controller or personal information

processor or any of its officials, employees or agents, who discloses
to a third party sensitive personal information not covered by the
immediately preceding section without the consent of the data
subject, shall be subject to imprisonment ranging from three (3)
years to five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Two million
pesos (Php2,000,000.00).
376
Section 33. Combination or Series of Acts. – Any combination or series of
acts as defined in Sections 25 to 32 shall make the person subject to
imprisonment ranging from three (3) years to six (6) years and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Five million
pesos (Php5,000,000.00).
Section 34. Extent of Liability. – If the offender is a corporation, partnership

or any juridical person, the penalty shall be imposed upon the responsible
officers, as the case may be, who participated in, or by their gross
negligence, allowed the commission of the crime. If the offender is a
juridical person, the court may suspend or revoke any of its rights under this
Act. If the offender is an alien, he or she shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving
the penalties prescribed. If the offender is a public official or employee and
lie or she is found guilty of acts penalized under Sections 27 and 28 of this
Act, he or she shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case
may be.
Section 35. Large-Scale. – The maximum penalty in the scale of penalties

respectively provided for the preceding offenses shall be imposed when the
personal information of at least one hundred (100) persons is harmed,
affected or involved as the result of the above mentioned actions.
Section 36. Offense Committed by Public Officer. – When the offender or

the person responsible for the offense is a public officer as defined in the
Administrative Code of the Philippines in the exercise of his or her duties, an
accessory penalty consisting in the disqualification to occupy public office
for a term double the term of criminal penalty imposed shall he applied.
Section 37. Restitution. – Restitution for any aggrieved party shall be

governed by the provisions of the New Civil Code.
CHAPTER IX
MISCELLANEOUS PROVISIONS
377
Section 38. Interpretation. – Any doubt in the interpretation of any provision
of this Act shall be liberally interpreted in a manner mindful of the rights and
interests of the individual about whom personal information is processed.
Section 39. Implementing Rules and Regulations (IRR). – Within ninety (90)
days from the effectivity of this Act, the Commission shall promulgate the
rules and regulations to effectively implement the provisions of this Act.
Section 40. Reports and Information. – The Commission shall annually report
to the President and Congress on its activities in carrying out the provisions
of this Act. The Commission shall undertake whatever efforts it may
determine to be necessary or appropriate to inform and educate the
public of data privacy, data protection and fair information rights and
responsibilities.
Section 41. Appropriations Clause. – The Commission shall be provided with

an initial appropriation of Twenty million pesos (Php20,000,000.00) to be
drawn from the national government. Appropriations for the succeeding
years shall be included in the General Appropriations Act. It shall likewise
receive Ten million pesos (Php10,000,000.00) per year for five (5) years upon
implementation of this Act drawn from the national government.
Section 42. Transitory Provision. – Existing industries, businesses and offices

affected by the implementation of this Act shall be given one (1) year
transitory period from the effectivity of the IRR or such other period as may
be determined by the Commission, to comply with the requirements of this
Act.
In case that the DICT has not yet been created by the time the law takes
full force and effect, the National Privacy Commission shall be attached to
the Office of the President.
Section 43. Separability Clause. – If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.
Section 44. Repealing Clause. – The provision of Section 7 of Republic Act

No. 9372, otherwise known as the “Human Security Act of 2007”, is hereby
378
amended. Except as otherwise expressly provided in this Act, all other laws,
decrees, executive orders, proclamations and administrative regulations or
parts thereof inconsistent herewith are hereby repealed or modified
accordingly.
Section 45. Effectivity Clause. – This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general
circulation.
379
PLEDGE OF LOYALTY
In gratitude to you, Alma Mater, I pledge my

loyalty to you and your ideals, to perpetually
uphold your standards and traditions, and to
endeavor to serve my country and fellowmen to my
utmost ability, mindful that whatever destiny shall bring
me, I shall have to live up to your
highest and fullest expectations, worthy of a true
progeny of my Alma Mater, the AMA
COMPUTER UNIVERSITY
Never to be complacent, we shall persevere For
progress and service.
380
AMA HYMN
You put us in mold, Dear Alma Mater

You hold the future in this race against time
Through the years in your folds
You nurtured our dreams
Our promise to you
The toast is for you
Dear Alma Mater

You have given us arms
For the battles of life
And the conquest of our dreams
Oh, Dear AMA
You have sharpened our minds
We will triumph by which
The light up ahead is victory foreseen

With noble desires we behold its gleam
Our motherland lays her hopes on the youth
The future that we hold is her hope that unfolds
Dear Alma Mater

You have given us arms
For the battles of life
And the conquest of our dreams
Oh, Dear AMA
You have sharpened our minds
We will triumph by which
381
CONFORME
I, the undersigned hereby acknowledge receipt of a copy of the AMA Computer

University and Colleges Student Handbook 2019.
I understand that it is my responsibility to familiarize myself with the policies and

procedures outlined in the Handbook; to see clarifications if necessary; and abide by
these rules and regulations.
I agree that the contents thereof shall serve as a guide to both my actions and those
which will be taken by AMACU/AMACC or AMA Education System (AMAES). This
however shall not preclude AMACU/AMACC or AMAES from taking other course of
action in line with its concept of justice and righteousness warranted by the
circumstance.
The issuance of the said Handbook likewise does not preclude AMACU/AMACC or
AMAES from making unilateral amendments as deemed necessary.
Student’s Name & Signature Parent’s Name & Signature
Program & Major Student Number
382
AMAES ORGANIZATIONAL CHART
CHAIRMAN
Note: Highlighted in the AMAES Org. Chart are ACAD Officers/Personnel

only.
383
AMAES ADMISSION COMMITTEE
ADMISSION MANAGER/
ADMISSION SUPERVISOR
CASHIER/TREASURY
GUIDANCE
ACCOUNTING SUPERVISOR/STAFF
DEAN
NURSE/DOCTOR
384
AMAES PUBLICATION COMMITTEE
AMA EDUCATION SYSTEM HOLDINGS INC.
ACADEMIC AFFAIRS DEPARTMENT
Received Approval from:
CHAIRMAN
VICE CHAIRMAN
PRESIDENT
ALCO
(Assets and Liabilities Committee)
MANCOM
(Management Committee)
385

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MEMORANDUM

AMA EDUCATION SYSTEM

CC : HRD, IT, FINANCE, AUDIT, OPNS

FROM : ASST. CORPORATE SECRETARY

Please be guided accordingly.

Mark Cristian P. Dote

# 59 Panay Avenue, Quezon City

Student Handbook | AMA Education System

AMA EDUCATION SYSTEM (AMAES) SCHOOLS 16

PHILOSOPHY AND MISSION STATEMENT 20

2 Student Handbook | AMA Education System

For students who paid in partial 32

For students with 1000 Pesos Partial Payment 33

3 Student Handbook | AMA Education System

Cross-enrollment from AMAES/Non-AMAES schools to

4 Student Handbook | AMA Education System

GENERAL POINT AVERAGE 70

5 Student Handbook | AMA Education System

Make-up / Special Exams 75

6 Student Handbook | AMA Education System

Community Service Leadership Award

7 Student Handbook | AMA Education System

RA 8049: ANTI-HAZING LAW 150

RA 7277: MAGNA CARTA FOR DISABLED PERSONS 192

8 Student Handbook | AMA Education System

This Student Handbook is a useful resource tool that orients you on

We encourage you to familiarize yourselves with the rules and

9 Student Handbook | AMA Education System

In 1987, the AMA Computer Learning Center (ACLC) was established

In 1996, AMA spearheaded the establishment of the first

In the mid-1990s, when the use of technology in education is just starting to

10 Student Handbook | AMA Education System

Over the years, more AMACC branches were established, to provide

On August 20, 2002, in recognition of its academic excellence and integrity,

11 Student Handbook | AMA Education System

The succeeding years for AMA marked several milestones as it continued to

On 2013, the Washington Accord (WA) through the Accreditation Board of

In 2015, another significant milestone of AMA was the launching of AMA

In March 11, 2017, the Computer Science and Information Technology

12 Student Handbook | AMA Education System

1. Exemption from the issuance of Special Order (S.O) for their

2. Free from regular monitoring and evaluation by CHED. However, in

3. Priority in the grant of subsidies and other financial

4. Privilege to determine and prescribe their curricular programs to

13 Student Handbook | AMA Education System

7. The Private Higher Education Institutions should ensure that the

8. Authority to grant Honoris Causa to those deserving, per pertinent

Today, AMAES boasts of more than 200 company-owned and franchise

14 Student Handbook | AMA Education System

15 Student Handbook | AMA Education System

1. AMA University and Colleges

AMA University and Colleges offer computer-based degree

2. AMA Computer Learning Center

AMA Computer Learning Center (ACLC) offers comprehensive ICT

16 Student Handbook | AMA Education System

AMA Business Education International (ABE) is the first in the

4. St. Augustine School of Nursing (SASN)

St. Augustine School of Nursing is a popular choice for Caregiving,

ACLC College is a member of the AMA Education System and is one

17 Student Handbook | AMA Education System