Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One. Gambling and Betting
Article 195. Gambling
Article 196. Importation, sale and possession of
lottery
tickets or advertisements
Article 197. Betting in sport contests (REPEALED)
Article 198. Illegal betting on horse races
Article 199. Illegal cockfighting
Chapter Two. Offenses against Decency and Good
Custom
Article 200. Grave scandal
Article 201. Immoral doctrines, obscene
publications
and exhibitions
Article 202. Vagrancy and prostitution

Article 195. Gambling

Acts punishable:
1. Taking part directly or indirectly in
a.

b.

any game of monte, jueteng, or

any other form of lottery, policy,
banking, or percentage game, dog
races, or any other game or scheme
the results of which depend wholly or
chiefly upon chance or hazard; or
wherein wagers consisting of money,
articles of value, or representative of
value are made; or
the exploitation or use of any
other
mechanical
invention
or
contrivance to determine by chance
the loser or winner of money or any
object or representative of value;

2. Knowingly permitting any form of gambling

to be carried on in any place owned or
controlled by the offender;
3. Being maintainer, conductor, or banker in a
game of jueteng or similar game;
4. Knowingly and without lawful purpose
possessing lottery list, paper, or other
matter containing letters, figures, signs or
symbol which pertain to or are in any
manner used in the game of jueteng or any
similar game.
PRESIDENTIAL DECREE NO. 1602
Prescribing Stiffer Penalties On Illegal
Gambling
Who are punishable?

1. Any person other than those referred to in the

succeeding sub-sections who in any manner, shall
directly or indirectly take part in any illegal or
unauthorized activities or games
What are illegal or unauthorized activities or games?
cockfighting, jueteng, lotteries, games using
dice, card games, games using plastic tiles
(mahjong), mechanical contraptions and
devices (slot machines), races, individual or
team contests where game fixing, point
shaving and other machinations are
present, banking or percentage game
IN GENERAL: or any other game scheme,
whether upon chance or skill, wherein
wagers consisting of money, articles of
value or representative of value are at stake
or made
2. Any person who shall knowingly permit any form
of gambling referred to in the preceding
subparagraph to be carried on in inhabited or
uninhabited place or in any building, vessel or other
means of transportation owned or controlled by him.
3. The maintainer or conductor of the above
gambling schemes.
4. Any person who shall, knowingly and without
lawful purpose in any hour of any day,
possess any lottery list, paper or other
matter containing letters, figures, signs or
symbols pertaining to or in any manner used
in the games of jueteng, jai-alai or horse
racing bookies, and similar games of lotteries
and numbers which have taken place or about
to take place.
5. Any barangay official who, with knowledge of
the existence of a gambling house or place in his
jurisdiction fails to abate the same or take action in
connection therewith.
6. Any security officer, security guard, watchman,
private or house detective of hotels, villages,
buildings, enclosures and the like which have the
reputation of a gambling place or where gambling
activities are being held.
Penalty is higher:
1.

2.
3.

If the place where gambling is carried on

has a reputation of a gambling place or that
prohibited gambling is frequently carried on
therein;
If the place is a public or government
building or barangay hall;
If the maintainer, conductor or banker of
said gambling schemes is a government
official, or where such government official is
the player, promoter, referee, umpire, judge
or coach in case of game fixing, point
shaving and machination.

Very important!!! Informer's reward!!! Any person

who shall disclose information that will lead to the
arrest and final conviction of the malefactor shall be

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rewarded twenty percent (!!!) of the cash money or

articles of value confiscated or forfeited in favor of
the government.

Gambling is any game or

scheme, whether upon chance or skill,
wherein wagers consisting of money,
articles or value or representative of value
are at stake or made.
Reason
for
prohibiting/punishing gambling: to repress
and evil that undermines the social, moral
and economic growth of the nation.
Under P.D. No. 1602, it seems
that when the law names the games,
punishing any person who take part
therein, its purpose is to prohibit absolutely
those games.
Spectators are not liable in
gambling, because they do not take part
directly or indirectly.
Lottery a scheme for the
distribution of prizes by chance among
persons who have paid, or agreed to pay, a
valuable consideration for the chance to
obtain a prize.
Elements
of
lottery:
consideration, chance and prize or some
advantage or inequality in amount or value
which is in the nature of a prize.
There is no lottery when the
person gets full value for his money.
Example: a package of cigarette sold at
P0.30 each includes a coupon which may
allow the buyer to win a gold watch. This is
not lottery, because the player got full for
his money. The winning of the watch is just
a bonus.
The operation, possession, use
and importation of pinball and slot
machines and other similar devices or
paraphernalia used for their operation is
declared unlawful under P.D. No. 519 which
took effect on July 23, 1974.

3.

That the offender permitted the

carrying on of such game, knowing that it
is a gambling game.

The maintainer or conductor in

a gambling game are likewise punished. A
maintainer is the person who sets up and
furnishes the means with which to carry on
the gambling game or scheme.
A
conductor is the person who manages or
carries on the gambling game or scheme.
To
be
prosecuted
for
possessing a jueteng list, proof that the
game took place or is about to take place is
not necessary.
Such a list naturally
pertains to the game of jueteng and the
accused would not keep it in his possession
but for its connection with such game of
jueteng.
But proof to the contrary is
necessary when the jueteng lists pertain to
games played on other dates.

LETTER OF INSTRUCTIONS NO. 816

What is exempted from the coverage of P.D.
1602?
The games of domino, bingo, poker when not played
with five cards stud, cuajo, pangguingue and
mahjong, provided that they are played as parlor
games or for home entertainment; and Provided
Further, That they are not played in places habitually
used for gambling and the betting is not disguised to
defeat the intent of P.D.No. 1602

Article 196.
Importation, sale
possession
of
lottery
tickets
advertisements
Acts punishable:
1.
2.

Knowingly permitting gambling to be carried on

in a place owned or controlled by the offender
(2nd mode of violating this article)

3.

Elements:

4.

1.

2.

That a gambling game was carried on

in an inhabited or uninhabited place or in
any building, vessel, or other means of
transportation.
That the place, building, vessel or
other means of transportation is owned or
controlled by the offender

and
or

Importing into the Philippines from any

foreign place or port any lottery ticket or
advertisement; or
Selling or distributing the same in
connivance with the importer;
Possessing, knowingly and with intent
to
use
them,
lottery
tickets
or
advertisements; or
Selling or distributing the same without
connivance with the importer of the same.
The possession of any lottery
ticket or advertisement is prima facie
evidence of an intent to sell, distribute or
use the same in the Philippines.
Must
lottery
tickets
be
genuine? There are two views:
o
YES.
It is not
necessary that the tickets be genuine,

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as it is enough that they be given the

appearance of lottery tickets
NO. If lottery tickets
are counterfeit, they cannot give rise to
the evil sought to be eradicated.

b.

c.

Article 197. Betting in sports contests

REPEALED BY PD 483
PD 483
Penalizing Betting, Game-fixing or Point
Shaving in Sports Contests
SECTION 1. Definitions. For purposes of this
Decree, the following terms shall mean and be
understood to be as hereunder indicated:
a. Betting betting money or any object or article
of value or representative of value upon the
result of any game, races and other sports
contest.
b. Game-fixing any arrangement, combination,
scheme or agreement by which the result of any
game, races or sports contests shall be
predicted and/or known other than on the basis
of the honest playing skill or ability of the
players or participants.
c. Point-shaving any such arrangement,
combination, scheme or agreement by which the
skill or ability of any player or participant in a
game, races or sports contests to make points or
scores shall be limited deliberately in order to
influence the result thereof in favor of one or
other team, player or participant therein.
d. Game-machinations any other fraudulent,
deceitful, unfair or dishonest means, method,
manner or practice employed for the purpose of
influencing the result of any game, races or
sport contest.
SECTION 2. Betting, game-fixing, point-shaving or
game machination unlawful. Game-fixing, pointshaving, machination, as defined in the preceding
section, in connection with the games of basketball,
volleyball, softball, baseball; chess, boxing bouts,
"jai-alai", "sipa", "pelota" and all other sports
contests, games or races; as well as betting therein
except as may be authorized by law, is hereby
declared unlawful.
SECTION 3. Penalty. Any violation of this Decree,
or of the rules and regulations promulgated in
accordance herewith, shall be punished in the
manner following:
a. When the offender is an official, such as
promoter, referee, umpire, judge, or coach in the
game, race or sports contests, or the manager
or sponsor of any participating team, individual
or player therein, or participants or players in
such games, races or other sports contests, he
shall, upon conviction, be punished by prision
correccional in its maximum period and a fine of
2,000 pesos with subsidiary imprisonment in
case of insolvency, at the discretion of the court.
This penalty shall also be imposed when the
offenders compose a syndicate of five or more
persons.

In case of any offender, he shall, upon

conviction, be punished by prision correccional
in its medium period and a fine of 1,000 pesos
with subsidiary imprisonment in case of
insolvency at the discretion of the court.
When the offender is an official or employee of
any government office or agency concerned with
the enforcement or administration of laws and
regulations on sports the penalty provided for in
the preceding Section 3 a small be imposed. In
addition, he shall be disqualified from holding
any public office or employment for life. If he is
an alien, he may be deported.

Article 198. Illegal Betting on horse races

Acts punishable:
1.
2.

Betting on horse races during periods not

allowed by law;
Maintaining or employing a totalizer or
other device or scheme for betting on
races or realizing profit therefrom during
the periods not allowed by law.

When horse races not allowed

1.
2.
3.
4.

July 4 (Republic Act No. 137);

December 30 (Republic Act No. 229);
Any registration or voting days (Republic
Act No. 180, Revised Election Code); and
Holy Thursday and Good Friday (Republic
Act No. 946).
A totalizer is a machine for registering and
indicating the number and nature of bets
made on horse races.
The penalty is
higher when this devise is employed.
Any race held on the same day and at the
same place shall be held punishable as a
separate offense.
If the violation is committed by any
partnership, corporation, or association,
the president and the directors or
managers shall be deemed to be principals
in the offense if they have consented to or
knowingly tolerated its commission.
Horse races may be carried on at any time
or place, and prizes or gifts may be offered,
given or paid, to the winner in said races,
provided it is not accompanied by any
betting, or the use of totalizer or other
devices for betting money on horse races.

Article 199. Illegal cockfighting

Acts punishable:
1.

Directly or indirectly participating in

cockfights, by betting money or other
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2.

valuable things, or organizing cockfights at

which bets are made, on a day other than
those permitted by law;
Directly or indirectly participating in
cockfights, by betting money or other
valuable things, or organizing such
cockfights, at a place other than a licensed
cockpit.
P.D. 449
Cockfighting Law of 1974

SECTION 4. Definition of Terms.

(b) Cockfighting shall embrace and mean the
commonly known game or term "cockfighting
derby, pintakasi or tupada", or its equivalent
terms in different Philippine localities.
(c) Zoning Law or Ordinance Either both national
or local city or municipal legislation which
logically arranges, prescribes, defines and
apportions a given political subdivision into
specific land uses as present and future
projection of needs warrant.
(d) Bet Taker or Promoter A person who calls and
takes care of bets from owners of both
gamecocks and those of other bettors before he
orders commencement of the cockfight and
thereafter distributes won bets to the winners
after deducting a certain commission.
(e) Gaffer (Taga Tari) A person knowledgeable in
the art of arming fighting cocks with gaff or gaffs
on either or both legs.
(f) Referee (Sentenciador) A person who watches
and oversees the proper gaffing of fighting
cocks, determines the physical condition of
fighting cocks while cockfighting is in progress,
the injuries sustained by the cocks and their
capability to continue fighting and decides and
make known his decision by work or gestures
and result of the cockfight by announcing the
winner or declaring a tie or no contest game.
(g) Bettor A person who participates in cockfights
and with the use of money or other things of
value, bets with other bettors or through the bet
taker or promoter and wins or loses his bet
depending upon the result of the cockfight as
announced by the Referee or Sentenciador. He
may be the owner of fighting cock.
SECTION 5. Cockpits and Cockfighting: In General.

(a) Ownership, Operation and Management of

Cockpits. Only Filipino citizens not otherwise
inhibited by existing laws shall be allowed to
own, manage and operate cockpits. Cooperative
capitalization is encouraged.
(b) Establishment of Cockpits. Only one cockpit
shall be allowed in each city or municipality,
except that in cities or municipalities with a
population of over one hundred thousand, two
cockpits may be established, maintained and
operated.
(c) Cockpits Site and Construction. Cockpits shall
be constructed and operated within the
appropriate areas as prescribed in Zoning Law or
Ordinance. In the absence of such law or
ordinance, the local executives shall see to it

that no cockpits are constructed within or near

existing residential or commercial areas,
hospitals, school buildings, churches or other
public buildings. Owners, lessees, or operators of
cockpits which are now in existence and do not
conform to this requirement are given three
years from the date of effectivity of this Decree
to comply herewith. xxx
(d) Holding of Cockfights. Except as provided in
this Decree, cockfighting shall be allowed only in
licensed cockpits during Sundays and legal
holidays and during local fiestas for not more
than three days. It may also be held during
provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or
exposition for a similar period of three days upon
resolution of the province, city or municipality
where such fair, carnival or exposition is to be
held, subject to the approval of the Chief of
Constabulary or his authorized representative:
Provided, that, no cockfighting on the occasion
of such fair, carnival or exposition shall be
allowed within the month of a local fiesta or for
more than two occasions a year in the same city
or municipality: Provided, further, that no
cockfighting shall be held on December 30 (Rizal
Day), June 12 (Philippine Independence Day),
November 30 (National Heroes Day), Holy
Thursday, Good Friday, Election or Referendum
Day and during Registration Days for such
election or referendum.
(e) Cockfighting for Entertainment of Tourists or for
Charitable Purposes. Subject to the preceding
subsection hereof, the Chief Constabulary or his
authorized representative may also allow the
holding of cockfighting for the entertainment of
foreign dignitaries or for tourists, or for returning
Filipinos, commonly known as "Balikbayan", or
for the support of national fund-raising
campaigns for charitable purposes as may be
authorized by the Office of the President, upon
resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or
parks: Provided, that this privilege shall be
extended for only one time, for a period not
exceeding three days, within a year to a
province, city, or municipality.
(f) Other games during cockfights prescribed. No
gambling of any kind shall be permitted on the
premises of the cockpit or place of cockfighting
during cockfights. The owner, manager or lessee
of such cockpit and the violators of this
injunction shall be criminally liable under Section
8 hereof.
SECTION 7.
Cockfighting Officials. Gaffers,
referees or bet takers or promoters shall not act as
such in any cockfight herein authorized, without first
securing a license renewable every year on their
birth month from the city or municipality where such
cockfighting is held. Cities and municipalities may
charge a tax of not more than P20. Only licensed
gaffers, referees, bet takers or promoters shall
officiate in all kinds of cockfighting authorized in this
Decree.
SECTION 8. Penal Provisions. Any violation of the
provisions of this Decree and of the rules and

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regulations promulgated by the Chief of Constabulary

pursuant thereto shall be punished as follows:
a. By prision correccional in its maximum period
and a fine of two thousand pesos, with
subsidiary imprisonment in case of insolvency,
when the offender is the financier, owner,
manger or operator of a cockpit, or the gaffer,
referee or bet taker in cockfights; or the offender
is guilty of allowing, promoting or participating in
any other kind of gambling in the premises of
cockpits during cockfights.
b. By prision correccional or a fine of not less than
P600 nor more than P2,000 or both, such
imprisonment and fine at the discretion of the
court, with subsidiary imprisonment in case of
insolvency, in case of any other offender.

Permitting gambling of any

kind in cockpit is punished under PD 449.
The decree does not punish a
person attending as a spectator in a
cockfight. To be liable, he must participate
in the cockfight as a bettor.

Article 200. Grave Scandal

Elements:
1.
2.
3.
4.

Offender performs an act or acts;

Such act or acts be highly scandalous
as offending against decency or good
customs;
The highly scandalous conduct is not
expressly falling within any other article of
this Code; and
The act or acts complained of be
committed in a public place or within the
public knowledge or view.
Grave scandal consists of acts
which are offensive to decency and good
customs which, having been committed
publicly, have given rise to public scandal
to
persons
who
have
accidentally
witnessed the same.
Decency means propriety of
conduct; proper observance of the
requirements of modesty, good taste etc.
Customs means established
usage, social conventions carried on by
tradition and enforced by social disapproval
of any violation thereof.
The acts must be those that
can cause public scandal among the
persons witnessing them.
If the act or acts of the offender
are punished under article of the RPC, this
article is not applicable.
The acts must be performed in
a public place or within the public

knowledge or view.
When the acts were performed
in a private house and seen by one person,
the crime was not committed.

Bar Questions
Grave Scandal (1996)
Pia, a bold actress living on top floor of a plush
condominium in Makati City sunbathed naked at its
penthouse every Sunday morning. She was unaware
that the business executives holding office at the
adjoining tall buildings reported to office every
Sunday morning and, with the use of powerful
binoculars, kept on gazing at her while she
sunbathed. Eventually, her sunbathing became the
talk of the town. 1) What crime, if any, did Pia
commit? Explain, 2) What crime, if any, did the
business executives commit? Explain.
SUGGESTED ANSWER:
1) Pia did not commit a crime, the felony closest to
making Pia criminally liable is Grave Scandal, but
then such act is not to be considered as highly
scandalous and offensive against decency and good
customs. In the first place, it was not done in a public
place and within public knowledge or view. As a
matter of fact it was discovered by the executives
accidentally and they have to use binoculars to have
public and full view of Pia sunbathing in the nude.
2) The business executives did not commit any
crime. Their acts could not be acts of lasciviousness
[as there was no overt lustful act), or slander, as the
eventual talk of the town, resulting from her
sunbathing, is not directly imputed to the business
executives, and besides such topic is not intended to
defame or put Pia to ridicule.

Article 201. Immoral doctrines, obscene

publications
and
exhibitions,
and
indecent shows
Acts punishable:
1.

Those who shall publicly expound or

proclaim doctrines openly contrary to
public morals;

2.

(a) The authors of obscene literature,

published with their knowledge in any
form, the editors publishing such literature;
and
the
owners/operators
of
the
establishment selling the same;
(b) Those who, in theaters, fairs,
cinematographs, or any other place, exhibit
indecent or immoral plays, scenes, acts, or
shows, it being understood that the
obscene literature or indecent or immoral
plays, scenes, acts or shows, whether live
or in film, which are proscribed by virtue
hereof, shall include those which:
(1)
glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the
market for violence, lust or pornography;
(3) offend any race, or religion; (4) tend to

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abet traffic in and use of prohibited drugs;

and (5) are contrary to law, public order,
morals, good customs, established policies,
lawful orders, decrees and edicts; and
3.

Those who shall sell, give away, or

exhibit films, prints, engravings, sculptures,
or literature which are offensive to morals.

Purpose of the law: to protect

the morals of the public..
This offense in any of the forms
mentioned in the article is committed only
when there is publicity.
openly contrary to public
morals the word moral implies
conformity with the generally accepted
standards of goodness or rightness in
conduct
or
character,
sometimes
specifically, to sexual conduct.
The
author
of
obscene
literature is liable only when it is publish
with his knowledge.
Obscene means
offensive to chastity, decency or delicacy.
Test of obscenity: whether the
tendency of the matter charged as
obscene, is to deprave or corrupt those
whose minds are open to such immoral
influences, and into whose hands such a
publication may fall and also whether or
not such publication or act shocks the
ordinary and common sense of men as an
indecency.
Mere nudity in pictures or
paintings, not an obscenity. As regards
nude pictures, the proper test is the motive
of the picture, as indicated by it, is pure or
impure; or whether it is naturally calculated
to excite impure imaginations.
The
term
give
away
necessarily include the act of exhibiting
obscene pictures or literature, because
when one gives away obscene pictures or
literature, he has the intention and purpose
of exhibiting or showing the same to the
recipient.
Pictures with slight degree of
obscenity, not used for arts sake but for
commercial purposes, fall under this
article.
Disposition
of
prohibited
articles:
o
Upon conviction of
the offender forfeited in favour of the
government, to be destroyed
o
When
offender
is
acquitted forfeited in favour of the
government to be destroyed, after
forfeiture proceedings are conducted
by Chief of Constabulary (PNP)

Person
aggrieved
may appeal the forfeiture action to the
Secretary of National Defense for
review.
In case the offender is a
government official or employee who
allows the violations, the penalty is
imposed in the maximum period and the
accessory penalties shall likewise be
imposed.
Obscene
publications
and
indecent shows under RA 7610 (please
refer to exploitation of minors, Title Nine)
o

People vs. Kottinger

Postcards of non-Christians inhabitants of the Philippines in
their native dress were questioned to be obscene.
HELD: The SC said that the postcards were not obscene
because the aggregate judgment of the community, and the
moral sense of the people were not shocked by those
pictures. They were not offensive to chastity but merely
depicted persons as they actually lived.
People vs. Aparici
A case about a girl dancing hula-hula in the theater making
the audience of males shout sige muna, sige,
nakakalibog!
HELD: The SC decided that the dance was immoral and
indecent using the reaction of the public as the gauge in
the determination of indecency.
People vs. Padan
This is a case about a live show done in Tondo.
HELD: SC said that an actual exhibition of sexual act can
have no redeeming feature- no room for art. Therefore, it
is a clear and unmitigated obscenity. The exhibition was an
offense to public morals.

Article 202. Vagrants and prostitutes

Who are vagrants:
1.

2.

3.
4.
5.

Any person having no apparent means of

subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling;
Any person found loitering about public or
semi-public buildings or places or trampling
or wandering about the country or the
streets without visible means of support;
Any idle or dissolute person who ledges in
houses of ill fame;
Ruffians or pimps and those who habitually
associate with prostitutes;
Any person who, not being included in the
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6.

provisions of other articles of this Code,

shall be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose;
Prostitutes, who are women who, for
money or profit, habitually indulge in
sexual intercourse or lascivious conduct.
Absence of visible means of support is an
essential element of vagrancy only under
the first and second types.
Loitering around saloons and gambling
houses is vagrancy only when there is
evidence of absence of visible means of
support.
Vagrants under the third and fourth type:
o
Dissolute
means
lax,
unrestrained or immoral.
o
Maintainer
of
prostitution
house may be punished under this
article.
o
Ruffians are brutal, violent
lawless persons.
o
A pimp is one who provides
gratification for the lust of others.
Prostitutes are women who HABITUALLY
indulge in sexual intercourse or lascivious
conduct, for money or profit.

1.

A mendicant shall, upon conviction, be

punished by a fine not exceeding P500.00 or by
imprisonment for a period not exceeding 2 years
or both at the discretion of the court.

2.

A habitual mendicant (one who has been

convicted of mendicancy under this law two or
more times) shall be punished by a fine not
exceeding P1,000.00 or by imprisonment for a
period not exceeding 4 years or both at the
discretion of the court.

3.

Parents of exploited infants or minors

(those enumerated under section 4) are
punishable under P.D. 603, unless they are
themselves mendicants.

4.

Any person who abets mendicancy by

giving alms directly to mendicants, exploited
infants and minors on public roads, sidewalks,
parks and bridges shall be punished by a fine
nor exceeding P20.00.

REPUBLIC ACT NO. 10158

AN ACT DECRIMINALIZING VAGRANCY,
AMENDING FOR THIS PURPOSE ARTICLE 202 OF
ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE
SECTION 1. Article 202 of the Revised Penal Code is
hereby, amended to read as follows:
Article 202. Prostitutes; Penalty. For the purposes
of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.

P.D. 1563
Mendicancy Law of 1978
What is a mendicant?
A mendicant refers to any person (except
those enumerated in section 4 of the law) who has
no visible and legal means of support, or lawful
employment and who is physically able to work but
neglects to apply himself to some lawful calling and
instead uses begging as a means of living.
Those enumerated in section 4, who
considered mendicants, are the following:

1.
2.

3.

are

not

Any infant or child 8 years old and below

who is found begging or is being utilized by a
mendicant for purposes of begging
Any minor over 9 years of age under 15
found begging or is being utilized for purposes of
begging, and who acted with or without
discernment
Any person who is found begging and who
is physically or mentally incapable of gainful
occupation

Who are punishable?

Any person found guilty of any of the offenses

covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in case
of recidivism, by arresto mayor in its medium period
to prision correctional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.
Republic Act No. 92808
AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER
Trafficking In Persons means:
A. the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the
victims consent or knowledge, within or across
national borders by means of threat or use of force,
or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to
achieve the consent of a person having control over
another person for the purpose of exploitation which

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includes at a minimum, the exploitation or the

prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs. It is any
form of unlawful activity the subject of which is the
(a) any form of sexual exploitation of a person
(b) forced labor or services or slavery
(c) servitude
(d) removal or sale of human organs
B. The recruitment, transportation, transfer, or
harboring or receipt of a child for the purpose of
exploitation shall also be considered as trafficking in
persons even if it does not involve any of the
means set forth in the preceding paragraph
The following are the acts punished:
A. To recruit, transport, transfer, harbor, provide, or
receive a person by any means for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage
*Debt bondage- the act of pledging of personal
services or labor by the debtor or of any person
under his control as security or payment of a debt
when the length and nature of services is not clearly
defined or when the value of the services as
reasonable assessed is not applied toward the
liquidation of the debt
B. To introduce or match for money or profit or any
other consideration, any person or Filipina woman to
a foreign national for the same purposes or
exploitation.
C. To offer or contract marriage, real or simulated, for
said purposes
D. To undertake or organize sex tours and travel
plans
E. To maintain or hire a person to engage in
prostitution or pornography
F. To adopt or facilitate the adoption of persons for
said purposes
G. To recruit, hire, adopt or abduct, by any unlawful
means, for the purposes of removal or sale of organs
of a person
H. To recruit, transport or adopt a child to engage in
armed activities

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