CRIMINAL LAWSPECIAL PENAL LAWS

REPUBLIC ACT 9346

AN ACT PROHIBITING THE IMPOSITION without the family abode which result in or is likely to
result in physical, sexual, psychological harm or

PENALTY IN THE PHILIPPINES

such acts, battery, assault, coercion, harassment or

arbitrary deprivation of liberty.

Approved: June 24, 2006 Definition of Terms (Section 3)

A. Violence against women and their children – any act
In lieu of the death penalty, the following shall or a series of acts committed by any person against a
be
woman who is his:
imposed (Section 2):
1. Wife;

A. Reclusion Perpetua – when the law violated makes 2. Former wife; or

use of the nomenclature of the penalties of the 3. Against a woman with whom the person has or had

Revised Penal Code. a sexual or dating relationship; or

B. Life imprisonment – when the law violated does not 4. With whom he has a common child, or against her

make use of the nomenclature of the penalties of the child whether legitimate or illegitimate, within or

Revised Penal Code.

Note: Person convicted of offenses punished with

reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua shall not be eligible for parole under
Act No. 4180 or Indeterminate Sentence Law (Section 3).

REPUBLIC ACT NO. 9262

ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN

AND
THEIR CHILDREN, PROVIDING FOR
PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
Approved: March 8, 2004
B. Physical Violence – acts that include bodily or
D. Psychological violence – acts or omissions causing
physical harm
or likely to cause mental or emotional suffering of the

C. Sexual violence includes, but is not limited to: victim such as but not limited to:

1. Rape, sexual harassment, acts of lasciviousness, 1. Intimidation;

treating a woman or her child as a sex object, 2. Harassment;

making demeaning and sexually suggestive 3. Stalking;

remarks, physically attacking the sexual parts of 4. Damage to property;

the victim's body, forcing her/him to watch obscene 5. Public ridicule or humiliation;

publications and indecent shows or forcing the 6. Repeated verbal abuse;

woman or her child to do indecent acts and/or 7. Mental infidelity;

make films thereof, forcing the wife and 8.Causing or allowing the victim to witness the

mistress/lover to live in the conjugal home or sleep physical, sexual or psychological abuse of a

together in the same room with the abuser; member of the family to which the victim belongs; or

2. Acts causing or attempting to cause the victim to 9. To witness pornography in any form;

engage in any sexual activity by force, threat of 10. To witness abusive injury to pets; or

force, physical or other harm or threat of physical or 11. Unlawful or unwanted deprivation of the right to

other harm or coercion; custody and/or visitation of common children.

3. Prostituting the woman or child.

EXECUTIVE COMMITTEE SUBJECT COMMITTEE MEMBERS

IAN MICHEL GEONANGA overall chairperson, JOSE JANSEN BERNARDO Fatima Maria Amansec, Her

ANGELO DAVID chairperson for academics, RUTH ABIGAIL subject chair, DANIEL VON Lynn Balares, Roy Daguio,

ACERO chairperson for hotel operations, ALBERTO EVAN PANELO assistant Jennyllette Dignadice, Edcar

Latauan, Michael Lloren,

RECALDE, JR. vice-chairperson for operations, MARIA subject chair, CLAUDINE
Tosca, Leira Mansujeto, Maria
CARMELA HAUTEA vice-chairperson for secretariat, MARK PALATTAO edp, HYACINTH
Monica Pamela Mendoza,
EMMANUEL ABILO vice-chairperson for (nance, RYAN ALDUESO book 1, JEMIMA
Fina Ong, Annie Blaise Arce
LIGGAYU vice-chairperson for electronic data processing, FERNANDO book 2,
Raagas, Toni Faye Tan,
JOMARC PHILIP DIMAPILIS vice-chairperson for logistics MICHELLE MARIE HATOL
Joseph Christopher Torralba
special penal laws
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E. Economic abuse – acts that make or attempt to make older but are incapable of taking care of themselves as
a woman financially dependent which includes, but is defined under Republic Act No. 7610. The term
not limited to the following: includes the biological children of the victim and other
1. Withdrawal of financial support or preventing the children under her care.
victim from engaging in any legitimate profession,
Acts Punishable (Section 5): (C-TAPA- ICE-C)
occupation, business or activity, except in cases
The crime of violence against women and their children is
wherein the other spouse/ partner objects on valid,
committed through any of the following acts:
serious and moral grounds as defined in Article 73
1. Causing physical harm to the woman or her child;
of the Family Code;
2. Threatening to cause the woman or her child physical
2. Deprivation or threat of deprivation of the use of
harm;
financial resources and the right to the use and
3. Attempting to cause the woman or her child physical
enjoyment of property owned in common;
harm;
3. Destroying household property;
4. Placing the woman or her child in fear of imminent
4. Controlling the victim’s own money or properties or
physical harm;
solely controlling the conjugal money or properties.
5. Attempting to compel or compelling the woman or her
F. Battery – act of inflicting physical harm upon child to engage in conduct which the woman or her
the
child has the right to desist from or desist from conduct
woman or her child resulting to the physical
and
psychological or emotional distress.

2
G. Battered Woman Syndrome – defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result of
cumulative abuse.

H. Dating relationship – 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.
Note: A casual acquaintance or ordinary socialization
between two individuals in a business or social context
is not a dating relationship.

I. Sexual relations – refers to a single sexual act which

may or may not result in the bearing of a common child.

J. Children – refers to those below 18 years of age or

 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 be 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:
a.Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b.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;
c.Depriving or threatening to deprive the woman or
her child of a legal right;
d.Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own money or properties, or
solely controlling the conjugal or common money,
or properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
7. 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;
8. 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 limited to the following acts:
a.Stalking or following the woman or her child in
public or private places;
b.Peering in the window or lingering outside the
residence of the woman or her child;
c.Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
d.Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or
her child; and
e. Engaging in any form of harassment or violence;
9. 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
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children of access to the woman's child/children. telephoning, contacting or otherwise communicating

with the petitioner, directly or indirectly;
Prohibited Defense (Section 27)
3. Removal and exclusion of the respondent from the
Being under the influence of alcohol, any illicit drug, or any
residence of the petitioner, regardless of ownership of
other mind-altering substance shall not be a defense
the residence, either temporarily or permanently where
under this Act.
no property rights are violated.

Venue (Section 7)
If respondent must remove personal effects from the
The Regional Trial Court designated as a Family Court
residence, the court shall direct a law enforcement
shall have original and exclusive jurisdiction over
agent to escort respondent;
cases of violence against women and their children under
this law. 4. Directing the respondent to stay away from petitioner
and designated family or household member at a
In the absence of such court in the place where
the distance specified by the court, and to stay away from

offense was committed, the case shall be filed in the residence, school, place of employment, or any
the specified place frequented by the petitioner and any
Regional Trial Court where the crime or any of designated family or household member;
its
5. Directing lawful possession and use by petitioner of an
elements was committed at the option of the complainant.
automobile and other essential personal effects,

Protection Orders (Section 8) regardless of ownership, and directing the appropriate

Issued for the purpose of preventing further acts of law enforcement officer to accompany the petitioner to

violence against a woman or her child and other

necessary relief.

3
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.

Other reliefs granted through a protection order:

1. Prohibition of the respondent from threatening to
commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;
2. Prohibition of the respondent from harassing, annoying,
 the residence of the parties to ensure that the shall order the offender to surrender his firearm and
petitioner is safely restored to the possession of the shall direct the appropriate authority to investigate on
automobile and other essential personal effects, or to the offender and take appropriate action on matter;
supervise the petitioner's or respondent's removal of
9. Restitution for actual damages including, but not limited
personal belongings;
to, property damage, medical expenses, childcare
6. Granting a temporary or permanent custody of a
expenses and loss of income;
child/children to the petitioner;
10.Directing the DSWD or any appropriate agency to
7. Directing the respondent to provide support to the
provide petitioner’s need; and
woman and/or her child if entitled to legal support.
11. Provision of such other forms of relief as the court
Notwithstanding other laws to the contrary, the court deems necessary, provided petitioner and any
shall order an appropriate percentage of the income or designated family or household member consents to
salary of the respondent to be withheld regularly by the such relief.
respondent's employer for the same to be
Any of the reliefs provided under this section shall be
automatically remitted directly to the woman. Failure to
granted even in the absence of a decree of legal
remit and/or withhold or any delay in the remittance of
separation or annulment or declaration of absolute nullity
support to the woman and/or her child without
of marriage.
justifiable cause shall render the respondent or his
employer liable for indirect contempt of court; Who May File Petition for Protection Orders (Section
9): (O-PAO-PPLA)
8. Prohibition of the respondent from any use or
1. Offended party;
possession of any firearm or deadly weapon and order
2. Parents or guardians of the offended party;
him to surrender the same to the court for appropriate
3. Ascendants, descendants or collateral relatives within
disposition by the court, including revocation of license
the fourth civil degree of consanguinity or affinity;
and disqualification to apply for any license to use or
4. Officers or social workers of the DSWD or social
possess a firearm.
workers of LGUs;
If the offender is a law enforcement agent, the court
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5. Police officers, preferably those in charge of women

and children’s desk; BPOs shall be effective for 15 days.
6. Punong Barangay or Barangay Kagawad;
The parties may be accompanied by a non-lawyer
7. Lawyer, counselor, therapist or healthcare provider of
advocate in any proceeding before the punong
the petitioner;
barangay.
8. At least 2 concerned responsible citizens of the city or
municipality where the violence against women and 2. Temporary Protection Order (TPO) (Section 15) –
their children occurred and who has personal
issued by a court of competent jurisdiction after ex
knowledge of the offense committed. parte determination that such should be issued.

If the applicant is not the victim, the application must be Effective for 30 days.
accompanied by an affidavit of the applicant attesting to:
a. The circumstances of the abuse suffered by the victim; The said court shall schedule a hearing on the

and issuance of PPO prior to the date of the expiration of

b. The circumstances of consent given by the victim for the TPO.

the filing of the application.

3. Permanent Protection Order (PPO) (Section 16) –

When disclosure of the address of the victim will pose issued by the court after notice and hearing.

danger to her life, it shall be so stated in the application. In

such case, the applicant shall:
a. Attest that the victim is residing in the municipality or 4
city over which court has territorial jurisdiction; and
b. Shall provide a mailing address for the purpose
of
service processing. (Section 11)

Kinds of Protection Order:

1. Barangay Protection Order (BPO) (Section 14) –
issued by a punong barangay to the applicant on the
date of filing after ex parte determination of the basis
of the application.

In the absence of punong barangay, any

available
barangay kagawad may act on the application. In such
case, the order must be accompanied by an attestation
that the punong barangay was unavailable at the time
of the issuance of the BPO.
 Respondent’s non-appearance despite proper notice, application of the person in whose favor it was issued.
or his lack of lawyer, shall NOT be a ground for
The court shall not deny the issuance of protection order
rescheduling the hearing on the merits of the issuance
on the basis of the lapse of time between the act of
of PPO.
violence and the filing of the application.
If despite proper notice, respondent fails to appear: the
Regardless of the conviction or acquittal of the
court shall allow ex parte presentation of evidence by
respondent, the Court must determine whether or not the
the applicant.
PPO shall become final. Even in a dismissal, a PPO shall
If respondent appears without counsel: the court shall be granted as long as there is no clear showing that the
appoint a lawyer for the respondent and proceed with act from which the order might arise did not exist.
the hearing.
General Rule: TPO and PPO are filed in the family court
General Rule: The hearing for the issuance of the PPO at the place of residence of the petitioner (Section 10).
shall only be conducted in only one day.
Exception: In the absence of a family court, with the
Where the court is unable to conduct the hearing within RTC, MeTC, MTC or MCTC with territorial jurisdiction over
one day and the TPO is due to expire, the court shall the place of residence of the petitioner.
continuously extend the TPO for a period of 30 days at
The issuance of a BPO or the pendency of an application
each particular time until final judgment is issued.
for BPO shall not preclude a petitioner from applying for,
The extended or renewed TPO may be modified by the or the court from granting a TPO or PPO.
court as may be necessary or applicable to address the
An application for protection order filed with a court shall
needs of the applicant.
be considered an application for both TPO and PPO.
Effectivity of PPO:
PPO shall be effective until revoked by the court upon
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Applicability of Protection Orders to Criminal Cases woman or her child.

(Section 22)
The provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions
involving
violence against women and their children.
3. 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.

Prescriptive Period (Section 24)

The following acts prescribe in 20 years: (C-TAPAI)
Violence against Women and their Children as a
1. Causing physical harm to the woman or her child;
Public Crime (Section 25)
2. Threatening to cause the woman or her child physical
Such violence are considered a public offense which may
harm;
be prosecuted upon the filing of a complaint by any citizen
3. Attempting to cause the woman or her child physical
having personal knowledge of the circumstances involving
harm;
the commission of the crime.
4. Placing the woman or her child in fear of imminent
physical harm; Battered Woman Syndrome as a Defense (Section 26)
5. 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 5
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.
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;

The following acts prescribe in 10 years: (CEC)

1. 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;
2. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
substantial emotional or psychological distress to the
Those who are found by the courts to be suffering from In every case of violence against women and their
Battered Woman Syndrome do not incur any criminal and children, any person, police authority or barangay official
civil liability notwithstanding the absence of any of the shall not be liable for any criminal, civil or administrative
elements for justifying circumstances of self-defense liability resulting therefrom provided that such person,
under the RPC. police authority or official:
1. Was acting in accordance with law;
The courts shall be assisted by expert psychiatrists/
2. Responds or intervenes; or
psychologists in determining the state of mind of the
3. Without using violence or restraint greater than
woman suffering from Battered Woman Syndrome at the
necessary to ensure the safety of the victim.
time of the commission of the crime.
Any victim under this act shall be entitled to the
Custody of children, given to the woman victim
following damages (Section 36) (MAC)
(Section 28)
1. Moral
The woman victim of violence shall be entitled to the
2. Actual
custody and support of her child/children. Children below
3. Compensatory
seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with
Cases Exempt from Payment of Docket fees and other
right to support, unless the court finds compelling reasons
Expenses (Section 38)
to order otherwise.
1. Victim is indigent, or
A victim who is suffering from Battered Woman Syndrome 2. There is an immediate necessity due to imminent
shall not be disqualified from having custody of her danger to act on an application for protection order.
children. In no case shall custody of minor children be
Entitlement of Woman Victims to Work Leave (Section
given to the perpetrator of a woman who is suffering from
43)
Battered Woman Syndrome.
Woman victims shall be entitled to take a paid leave of
Persons Intervening Exempt from Liability (Section absence up to ten (10) days in addition to other paid
34)
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2010 Centralized Bar Operations
leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as
specified in the protection order.
Confidentiality of Records in VAWC Cases (Section
44)
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.
Suppletory Application of RPC to VAWC (Section 47)
RPC and other applicable laws shall have
suppletory
application.
REPUBLIC ACT NO. 7610
SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION
(AS AMENDED)
Approved: June 17, 1992
Definition of Terms (Section 3)
Child abuse
It is 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
guardian or basic services needed for a good quality of
life;
4. Being a member of a indigenous cultural community
and/or living under conditions of extreme poverty or in
an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a
good quality of life;
5. Being a victim of a man-made or natural disaster or
calamity; or
6. Other analogous circumstances which endanger the
life, safety or normal development of children.
Acts Punishable
1. Child prostitution and other sexual abuse Section 5
(See Art. 340 under Book Two)
Note: Under Section 6, there is an attempt to commit
child prostitution.
2. Child trafficking
child trafficking,
3. Engagement of children in obscene publications and
indecent shows
(Section 12-D)
5. Employment of children as model in advertisement
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.
“Circumstances which gravely threaten or endanger
the survival and normal development of children"
These include, but are not limited to, the following;
1. Being in a community where there is armed conflict or
being affected by armed conflict-related activities;
2. Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal
development;
3. Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
6
directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography
(Section 14)
6. Discrimination of children of indigenous cultural
communities (Section 20)
7. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's
Development (Section 10)
Children Exploited in Prostitution and Other Sexual
Abuse (Section 5)
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.
Persons Liable:
1. Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to,
the following:
a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other
similar means
c. Taking advantage of influence or relationship to
procure a child as a prostitute
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d. Threatening or using violence towards a child to Attempt to Commit Child Trafficking (Section 8) -
engage him as a prostitute. There is an attempt to commit child trafficking:
e. Giving monetary consideration, goods or other 1. When a child travels alone to a foreign country without
pecuniary benefit to a child with the intent valid reason therefor and without clearance issued by
to
the Department of Social Welfare and Development or
engage such child in prostitution;
written permit or justification from the child's parents or
2. Those who commit the act of sexual intercourse or
legal guardian;
lascivious conduct with a child exploited in prostitution
2. When a person, agency, establishment or child-caring
or subjected to other sexual abuse;
institution recruits women or couples to bear children
3. Those who derive profit on advantage therefrom,
for the purpose of child trafficking; or
whether as manager or owner of the establishment
3. When a doctor, hospital or clinic official or employee,
where the prostitution takes place or of the sauna,
nurse, midwife, local civil registrar or any other person
disco, bar, resort, place of entertainment or
simulates birth for the purpose of child trafficking; or
establishment serving as a cover or which engages in
4. When a person engages in the act of finding children
prostitution in addition to activity for which the license
among low-income families, hospitals, clinics,
has been issued to said establishment.
nurseries, day-care centers, or other child-during

Attempt to Commit Child Prostitution (Section 6) institutions who can be offered for the purpose of child

Persons Liable: trafficking.

1. 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
7
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;
2. Any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other
similar establishments.

Child Trafficking (Section 7)

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.
Obscene Publications and Indecent Shows
(Section 9) – 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.
Other Acts of Abuse (Section 10)
1. 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.
2. 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.
Provided, that this provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by
law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
3. 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.
4. 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.
5. Any person who shall use, coerce, force or intimidate a
street child or any other child to:
a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug trafficking or
pushing; or
c. Conduct any illegal activities.
Sanctions for Establishments or Enterprises (Section
11)
1. 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.
2. 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
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2010 Centralized Bar Operations
Code, as amended. An enterprise such as a sauna,
travel agency, or recruitment agency which: promotes
the aforementioned acts as part of a tour for foreign
tourists; exhibits children in a lewd or indecent show;
provides child masseurs for adults of the same
or
opposite sex and said services include any lascivious
conduct with the customers; or solicits children
or
activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
Employment of Children (Section 12) - Children below
15 years of age shall not be employed except:
1. Child works directly under the sole responsibility
of
his/her parents or legal guardian and where only
members of his/her family are employed:
provided,
however, that his/her employment neither endangers
his/her life, safety, health and morals, nor
impairs
his/her normal development: provided further that the
parent or legal guardian shall provide the said minor
child with the prescribed primary and/or
secondary
education.
2. Child’s employment or participation in public
entertainment or information through cinema, theater,
radio or television is essential: provided that
the Department of Labor and Employment: provided
further that the following requirements in all instances
are strictly complied with: (PMP)
a. Employer shall ensure the protection, health, safety,
b. When a child's employment or participation in public &
entertainment or information through cinema, theater,
radio or television is essential provided that
i. 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
DOLE and the following requisites are met:
ii. the employer shall ensure the protection, health,
safety and morals of the child;
iii. 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
iv. 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.
v.Employment does not involve commercials or
advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and
violence (Section 14).
Hours of Work of a Working Child (Section 12-A)
AgeProvision
Below 15 May be allowed to work for not more
years of than 20 hours a week: provided that
hours at any given day
Not allowed to work between 8:00
PM and 6:00 AM of the following day
15 years of Not allowed to work for more than 8
 exploitation or discrimination taking into
account
system and level of remuneration and the duration
and arrangement of working time;
c. Employer shall formulate and implement, subject to
the approval and supervision of competent
skills acquisition of the child.
General Rule: No child below 15 shall be employed.
Exceptions:
a. When a child works directly under the sole
responsibility of his parents or legal guardian
and
where only members of the employer's family,
provided that
i. Employment does not endanger child’s life, safety
and health and morals, nor impairs his normal
development;
ii. Parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary
education;
8
below 18 40 hours a week
Not allowed to work between 10:00
PM and 6:00 AM the following day
Worst Forms of Child Labor (Section 12-D) (SHIP)
1. All forms of slavery or practices similar to slavery;
2. Use, procuring or offering of a child for prostitution, for
the production of pornography or for pornographic
performances;
3. Use, procuring or offering of a child for illegal or illicit
activities;
4. Work which, by its nature or circumstances in which it is
carried out, is hazardous or likely to be harmful to the
health, safety or morals of children, such that it:
a. Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b. Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
c.Performed underground, underwater or at dangerous
heights; or
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2010 Centralized Bar Operations

d.Involves the use of dangerous machinery, equipment widespread and extraordinary fear and panic among
and tools; or the populace;
e. Exposes the child to physical danger or 2. The act was committed in order to coerce the
which
government to give in to an unlawful demand.
requires the manual transport of heavy loads; or
f. Performed in an unhealthy environment exposing the Note: The benefit of Parole under the Indeterminate
child to hazardous working conditions, elements, Sentence Law (Act. No. 4103) is not applicable to
substances, co-agents or processes involving persons convicted under this Act.
ionizing, radiation, fire, flammable substances,
Who may be liable:
noxious components and the like, or to extreme
DescriptionPenalty
temperatures, noise levels or vibrations; or
g. Performed under particularly difficult conditions; or
Conspirator Two or more 40 years
i. Involves the manufacture or handling of explosives (Section 4) persons come
to an
agreement

R
EPUBLIC

HUMAN SECURITY ACT OF 2007

decide to
FROM commit the
TERRORISM
same.

Accomplice Any person

(Section 5) who, not being
The crime of terrorism is committed by any person who a principal or a
engages in any of the following acts punishable under conspirator,
RPC and other special laws: cooperates in
the execution of
Under the RPC (PRC-MaKaDa)
either the crime
1. Piracy in general and Mutiny in the high seas or in the
of terrorism or
Philippine waters (Art. 122);
conspiracy to
2. Rebellion or Insurrection (Art. 134);
commit
3. Coup d’etat including acts committed by private
terrorism by
persons (Art. 134-a);
previous or
4. Murder (Art. 248);
simultaneous
5. Kidnapping and Serious Illegal Detention (Art. 267);
acts.
6. Crimes involving destruction (Art. 324).
 17 years, 4

who, having months, 1 day

knowledge of to 20 years
imprisonment

Any person

day to 12 years
imprisonment
the commission
1. Arson (PD No. 1613); of the crime of
2. Toxic substances and Hazardous and Nuclear Waste terrorism or
Control Act of 1990 (RA No. 6969); conspiracy to
3. Atomic Energy Regulatory and Liability Act of 1968 (RA commit
No. 5207); terrorism, and
4. Anti-Hijacking Law (RA No. 6235); without having
5. Anti-Piracy and Anti-Highway Robbery Law of participated
1974
therein, takes
(PD No. 532);
part subsequent
6. Decree Codifying the Laws on Illegal and
Unlawful to its

Possession, Manufacture, Dealing in, Acquisition commission in

or any of the
Disposition of Firearms, Ammunitions or following
Explosives
manner:
(PD No. 1866).

PROVIDED that the following requisites are present:

1. The act committed sows and creates a condition of

9
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2010 Centralized Bar Operations

a.Profiting of Appeals, listen to, intercept and record any

himself or communication between members of a judicially declared
assisting the and outlawed terrorist organization or group of persons or
offender to of any person charged with or suspected of the crime of
profit by the terrorism or conspiracy to commit terrorism.
effects of the
Exception: Communications between:
crime;
1. Lawyers and clients;
b.Concealing
2. Doctors and patients;
or destroying
3. Journalists and their sources;
the body of
4. Confidential business correspondence.
the crime or
the effects or Requisites for Formal Application for Judicial
instruments Authorization to Intercept and Record
thereof in Communication: (Section 8)
order to 1. There must be an ex parte application by the police or
prevent its law enforcement official;
discovery;
c.Harboring,

concealing
or assisting 10
in the
escape of
the principal
or
conspirator.

Note: The provisions of Articles 18 on accomplices and

19 on accessories of the RPC do not apply since the
penalty of nomenclature in the Act is not the same as that
of the RPC.

Surveillance and Interception of Communication

(Section 7)

General Rule: Notwithstanding RA No. 4200 (Anti-Wire

Tapping Law), a police or law enforcement official and
members of his team may, upon written order of the Court
2. The applicant must have been duly authorized in writing
by the Anti-Terrorism Council;
3. Examination under oath or affirmation of the applicant
and the witnesses he may produce to establish that:
(CEN)
a.There is probable cause to believe based on
personal knowledge of facts that the said crime of
terrorism or conspiracy to commit terrorism has
been committed, is being committed or is about to
be committed;
b.There is probable cause to believe based on
personal knowledge of facts that evidence, which is
essential to the conviction of any charged or
suspected person, will be obtained;
c. There is no other effective means for acquiring such
evidence.
Classified Information (Section 9)
1. Written order granted by the authorizing division of the
CA;
2. Order by CA to extend No.1;
3. Original application of the applicant;
4. Application to renew No. 3;
5. Written authorizations of Anti-Terrorism Council.
Provided, the person being surveilled or whose
communications have been monitored, listened to,
bugged or recorded, has the right to be informed of the
acts done by the law enforcement authorities and to
challenge the legality of the interference before the CA
which issued the order.
The judicial authorization shall be effective for the length
of time specified in the written order of the authorizing
division of the CA, which shall not exceed 30 days from
the receipt of the order by the applicant (Section 10).
The authorizing division of the CA may extend or renew
the said authorization for another non-extendible period,
which shall not exceed 30 days from the expiration of the
original period, PROVIDED THAT:
1. The authorizing division of the CA is satisfied that such
extension is in the public interest;
2. The ex parte application for extension or renewal is filed
by the original applicant and has been duly authorized
in writing by the Anti-Terrorism Council.
In case of death or disability of the original applicant:
the application for extension shall be filed by the one next
in rank to the original applicant among the members of his
team.
The applicant shall have 30 days after the termination of
the period granted by CA within which to file the
appropriate case before the Public Prosecutor’s Office.
 San Beda College of Law

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purport, effect, or meaning, which have been secured in

If no case is filed within the 30-day period, the applicant
shall notify the person subject of the surveillance of the
termination of such surveillance or recording.
Custody of Intercepted and Recorded Information
(Section 11)
All tapes, discs and recordings made pursuant to
the
authorization of the CA (including excerpts,
summaries
2. A showing that the DOJ has been duly authorized in
writing by the Anti-Terrorism Council to file such
application;
3. Proper notice to the person whose communication has
been subjected to surveillance that the sealed
envelope or package shall be opened.
The written application shall clearly state the purpose
or reason:

and written notes made in connection therewith) shall be i. for opening the sealed envelope;

deposited in a sealed envelope or package accompanied ii. for revealing or disclosing its classified contents;

by a joint affidavit of the applicant police officer or law iii. for replaying, divulging, and or reading any of the

enforcement officials and the members of his team, with listened to, intercepted, and recorded

the authorizing CA division within 48 hours after communications, etc.;

the iv. for using any of the said listened to, intercepted and
expiration of the order. recorded communications as evidence (Section 14)

It is unlawful for any person, police officer or Evidentiary Value of Deposited Materials (Section 15)
any
Any listened to, intercepted, and recorded
custodian of the tapes, discs and recording, and
their communications, or any information or fact contained

excerpts and summaries, written notes or memoranda to therein, including their existence, content, substance,

copy in whatever form, to remove, delete, expunge,

incinerate, shred or destroy in any manner the
items
11
enumerated above in whole or in part under any pretext
whatsoever.

Disposition of Deposited Materials (Section 13)

The sealed envelope or package and the contents thereof
shall be deemed classified information and the same shall
not be opened and its contents shall not be divulged or
used as evidence UNLESS authorized by written order of
the authorizing CA division.

The said written order shall be granted upon:

1. A written application of DOJ filed before the authorizing
division of CA;
violation of the pertinent provisions of this Act, shall
absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative,
Period of Detention Without Judicial Warrant of Arrest
or administrative investigation, inquiry, proceeding, or
(Section 18)
hearing.

General Rule: Notwithstanding Art. 125 of RPC, any

Proscription of Terrorist Organizations, Association or
police or law enforcement personnel who has taken
Group of Persons (Section 17)
custody of a person charged or suspected of the crime of
Any organization, association or group of persons –
terrorism or conspiracy to commit terrorism shall deliver
1. Organized for the purpose of engaging in terrorism; or
said charged person to the proper judicial authority within
2. Although not organized for that purpose, actually uses
3 days counted from the moment of arrest.
the acts to terrorize or to sow and create a condition of
widespread and extraordinary fear and panic among Note: Anti-terrorism law amended Art. 125 of the RPC
the populace in order to coerce the government to give insofar as terrorism and conspiracy to commit terrorism
in to unlawful demand shall, upon application by DOJ are concerned.
before a competent RTC, with due notice and
Delay in the delivery of detained persons to the
opportunity to be heard given to the said group, be
proper judicial authorities (Article 125, RPC)
declared as a terrorist and outlawed organization,
The penalties provided in the next preceding article shall
association, or group of persons by the said RTC.
be imposed upon the public officer or employee who shall
Note: An association of terrorists is not an illegal detain any person for some legal ground and shall fail to
association defined under the RPC. deliver such person to the proper judicial authorities within
the period of; 12 hours for crimes or offenses punishable
Illegal associations (Article 147, RPC)
by light penalties, or their equivalent; 18 hours for crimes
These are associations totally or partially organized for the
or offenses punishable by correctional penalties, or their
purpose of committing any of the crimes punishable under
this Code or for some purpose contrary to public morals.
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2010 Centralized Bar Operations

E. Economic abuse – acts that make or attempt to make older but are incapable of taking care of themselves as
a woman financially dependent which includes, but is defined under Republic Act No. 7610. The term
not limited to the following: includes the biological children of the victim and other
1. Withdrawal of financial support or preventing the children under her care.
victim from engaging in any legitimate profession,
Acts Punishable (Section 5): (C-TAPA- ICE-C)
occupation, business or activity, except in cases
The crime of violence against women and their children is
wherein the other spouse/ partner objects on valid,
committed through any of the following acts:
serious and moral grounds as defined in Article 73
1. Causing physical harm to the woman or her child;
of the Family Code;
2. Threatening to cause the woman or her child physical
2. Deprivation or threat of deprivation of the use of
harm;
financial resources and the right to the use and
3. Attempting to cause the woman or her child physical
enjoyment of property owned in common;
harm;
3. Destroying household property;
4. Placing the woman or her child in fear of imminent
4. Controlling the victim’s own money or properties or
physical harm;
solely controlling the conjugal money or properties.
5. Attempting to compel or compelling the woman or her
F. Battery – act of inflicting physical harm upon child to engage in conduct which the woman or her
the
child has the right to desist from or desist from conduct
woman or her child resulting to the physical
and
psychological or emotional distress.

2
G. Battered Woman Syndrome – defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result of
cumulative abuse.

H. Dating relationship – 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.
Note: A casual acquaintance or ordinary socialization
between two individuals in a business or social context
is not a dating relationship.

I. Sexual relations – refers to a single sexual act which

may or may not result in the bearing of a common child.

J. Children – refers to those below 18 years of age or

 which the woman or her child has the right to engage residence of the woman or her child;
in, or attempting to restrict or restricting the woman's c.Entering or remaining in the dwelling or on the
or her child's freedom of movement or conduct by property of the woman or her child against her/his
force or threat of force, physical or other harm or threat will;
of physical or other harm, or intimidation directed d.Destroying the property and personal belongings or
against the woman or child. inflicting harm to animals or pets of the woman or
her child; and
This shall include, but not be limited to, the following
e. Engaging in any form of harassment or violence;
acts committed with the purpose or effect of
controlling or restricting the woman's or her child's 9. Causing mental or emotional anguish, public ridicule or
movement or conduct: humiliation to the woman or her child, including, but
a.Threatening to deprive or actually depriving the not limited to, repeated verbal and emotional abuse,
woman or her child of custody to her/his family; and denial of financial support or custody of minor
b.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;
c.Depriving or threatening to deprive the woman or
her child of a legal right;
d.Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own money or properties, or
solely controlling the conjugal or common money,
or properties;

6. Inflicting or threatening to inflict physical harm on

oneself for the purpose of controlling her actions or
decisions;
7. 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;
8. 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 limited to the following acts:

a.Stalking or following the woman or her child in
public or private places;
b.Peering in the window or lingering outside the