SPECIAL PENAL LAWS – FINAL EXAM COVERAGE
1) RA 7877 Anti-Sexual Harassment Act
2) RA 4200 Anti-Wire Tapping Act
3) PD 533 Anti-Cattle Rustling Law of 1974
4) Definition and Penalty for Illegal Recruitment under the
Migrant Workers and Overseas Filipino Act RA 8042
1) RA 6539 Anti-Carnapping Act of 1972
2) RA 6235 Anti-Hijacking Law
3) PD 532 Anti-Piracy & Anti-Highway Robbery Law of 1974
4) PD 1866 as amended by RA 8294
5) RA 10591 Comprehensive Firearms Regulation Act 2013
1) BP 22 plus AC no. 12-2000 and AC No. 13-2001
2) PD 1869
3) RA 9160 Anti-Money Laundering Act of 2001 as amended
4) RA 9105 Art Forgery Act
1) RA 7080 Plunder Law
2) RA 3019Anti-Graft and Corrupt Practices Act
3) SALN Law/ RA 6713
4) PD 46
1) RA 9439/An Act Prohibiting the Detention of Patients in
Hospitals and Medical Clinics on Grounds of Non-payment of
Hospital Bills or Medical Expenses
2) BP 702, as amended by RA 8344, as further amended by RA
10932 (Anti-Hospital Deposit et al.)
3) RA8484 Access Devices Regulation Act
4) Penal Provisions of RA 8293 (Intellectual Property Code)
1) RA 9165 Dangerous Drugs Act
2) RA 8203 Special Law of Counterfeit Drugs
3) RA 10586 Anti-Drunk Driving Act of 2013
1) Cybercrime Act of 2012 RA 10175
2) RA 9995Anti-Photo and Video Voyeurism
3) RA 10088 Anti-Camcording Act of 2010
4) RA 9775 Anti-Child Pornography Act
Republic Act 7877
Anti-Sexual Harassment Act of 1995
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN
THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES.
SECTION 2. Declaration of Policy. - The State shall value
the dignity of every individual, enhance the development of its
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 employer, 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 of conditions, promotions, or privileges;
or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way
would discriminate, deprive ordiminish 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 consideration; 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:
(a) Promulgate appropriate rules and regulations in
consultation with and joint1y approved by the employees or
students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation
of 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 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, instructors, professors or
coaches and students or trainees, as the case may be.
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 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 provisions of this
Act shall prescribe in three (3) years.
REPUBLIC ACT No. 4200 AN ACT TO PROHIBIT AND
PENALIZE WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND
FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person, not being
authorized by all the parties to any private communication or
spoken word, to tap any wire or cable, or by using any other
device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or dictaphone
or walkie-talkie or tape recorder, or however otherwise
described:
It shall also be unlawful for any person, be he a participant or
not in the act or acts penalized in the next preceding sentence,
to knowingly possess any tape record, wire record, disc record,
or any other such record, or copies thereof, of any
communication or spoken word secured either before or after
the effective date of this Act in the manner prohibited by this
law; or to replay the same for any other person or persons; or to
communicate the contents thereof, either verbally or in writing,
or to furnish transcriptions thereof, whether complete or partial,
to any other person: Provided, That the use of such record or
any copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3 hereof,
shall not be covered by this prohibition.
Section 2. Any person who willfully or knowingly does or who
shall aid, permit, or cause to be done any of the acts declared
to be unlawful in the preceding section or who violates the
provisions of the following section or of any order issued
thereunder, or aids, permits, or causes such violation shall,
upon conviction thereof, be punished by imprisonment for not
less than six months or more than six years and with the
accessory penalty of perpetual absolute disqualification from
public office if the offender be a public official at the time of the
commission of the offense, and, if the offender is an alien he
shall be subject to deportation proceedings.
Section 3. Nothing contained in this Act, however, shall render
it unlawful or punishable for any peace officer, who is
authorized by a written order of the Court, to execute any of the
acts declared to be unlawful in the two preceding sections in
cases involving the crimes of treason, espionage, provoking
war and disloyalty in case of war, piracy, mutiny in the high
seas, rebellion, conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to commit sedition,
inciting to sedition, kidnapping as defined by the Revised Penal
Code, and violations of Commonwealth Act No. 616, punishing
espionage and other offenses against national
security: Provided, That such written order shall only be issued
or granted upon written application and the examination under
oath or affirmation of the applicant and the witnesses he may
produce and a 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: Provided, however, That in cases involving the
offenses of rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition, conspiracy to commit
sedition, and inciting to sedition, such authority shall be granted
only upon prior proof that a rebellion or acts of sedition, as the
case may be, have actually been or are being committed; (2)
that there are reasonable grounds to believe that evidence will
be obtained essential to the conviction of any person for, or to
the solution of, or to the prevention of, any of such crimes; and
(3) that there are no other means readily available for obtaining
such evidence.
The order granted or issued shall specify: (1) the identity of the
person or persons whose communications, conversations,
discussions, or spoken words are to be overheard, intercepted,
or recorded and, in the case of telegraphic or telephonic
communications, the telegraph line or the telephone number
involved and its location; (2) the identity of the peace officer
authorized to overhear, intercept, or record the
communications, conversations, discussions, or spoken words;
(3) the offense or offenses committed or sought to be
prevented; and (4) the period of the authorization. The
authorization shall be effective for the period specified in the
order which shall not exceed sixty (60) days from the date of
issuance of the order, unless extended or renewed by the court
upon being satisfied that such extension or renewal is in the
public interest.
All recordings made under court authorization shall, within forty-
eight hours after the expiration of the period fixed in the order,
be deposited with the court in a sealed envelope or sealed
package, and shall be accompanied by an affidavit of the peace
officer granted such authority stating the number of recordings
made, the dates and times covered by each recording, the
number of tapes, discs, or records included in the deposit, and
certifying 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 envelope or package deposited with
the court. The envelope or package so deposited shall not be
opened, or the recordings replayed, or used in evidence, or
their 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.
The court referred to in this section shall be understood to
mean the Court of First Instance within whose territorial
jurisdiction the acts for which authority is applied for are to be
executed.
Section 4. Any communication or spoken word, or the
existence, contents, substance, purport, effect, or meaning of
the same or any part thereof, or any information therein
contained obtained or secured by any person in violation of the
preceding sections of this Act shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
RESIDENTIAL DECREE No. 533 August 8, 1974
THE ANTI-CATTLE RUSTLING LAW OF 1974
WHEREAS, large cattle are indispensable to the livelihood and
economic growth of our people, particularly the agricultural
workers, because such large cattle are the work animals of our
farmers and the source of fresh meat and dairy products for our
people, and provide raw material for our tanning and canning
industries;
WHEREAS, reports from the law-enforcement agencies reveal
that there is a resurgence of thievery of large cattle, commonly
known as "cattle rustling", especially in the rural areas, thereby
directly prejudicing the livelihood of the agricultural workers and
adversely affecting our food production program for self-
sufficiency in rice, corn and other staple crops, as well as in
fresh meat;
WHEREAS, there is an urgent need to protect large cattle
raising industry and small time large cattle owners and raisers
from the nefarious activities of lawless elements in order to
encourage our hardworking cattle raisers and farmers to raise
more cattle and concentrate in their agricultural works, thus
increasing our source of meat and dairy products as well as
agricultural production and allied industries which depend on
the cattle raising industry;
a. Large cattle as herein used shall include the cow, carabao,
horse, mule, ass, or other domesticated member of the bovine
family.
b. Owner/raiser shall include the herdsman, caretaker,
employee or tenant of any firm or entity engaged in the raising
of large cattle or other persons in lawful possession of such
large cattle.
c. Cattle rustling is the taking away by any means, method or
scheme, without the consent of the owner/raiser, of any of the
above-mentioned animals whether or not for profit or gain, or
whether committed with or without violence against or
intimidation of any person or force upon things. It includes the
killing of large cattle, or taking its meat or hide without the
consent of the owner/raiser.
Section 3. Duty of owner/raiser to register. The owner/raiser
shall, before the large cattle belonging to him shall attain the
age of six months, register the same with the office of the
city/municipal treasurer where such large cattle are raised. The
city/municipality concerned may impose and collect the fees
authorized by existing laws for such registration and the
issuance of a certificate of ownership to the owner/raiser.
Section 4. Duty of city/municipal treasurers and other
concerned public officers and employees. All public officials and
employees concerned with the registration of large cattle are
required to observe strict adherence with pertinent provisions of
Chapter 22, Section 511 to 534, of the Revised Administrative
Code, except insofar as they may be inconsistent with the
provisions of this Decree.
Section 5. Permit to buy and sell large cattle. No person,
partnership, association, corporation or entity shall engage in
the business of buy and sell of large cattle without first securing
a permit for the said purpose from the Provincial Commander of
the province where it shall conduct such business and the
city/municipal treasurer of the place of residence of such
person, partnership, association, corporation or entity. The
permit shall only be valid in such province.
Section 6. Clearance for shipment of large cattle. Any person,
partnership, association, corporation or entity desiring to ship or
transport large cattle, its hides, or meat, from one province to
another shall secure a permit for such purpose from the
Provincial Commander of the province where the large cattle is
registered. Before issuance of the permit herein prescribed, the
Provincial Commander shall require the submission of the
certificate of ownership as prescribed in Section 3 hereof, a
certification from the Provincial Veterinarian to the effect that
such large cattle, hides or meat are free from any disease; and
such other documents or records as may be necessary.
Shipment of large cattle, its hides or meat from one
city/municipality to another within the same province may be
done upon securing permit from the city/municipal treasurer of
the place of origin.
Section 7. Presumption of cattle rustling. Every person having
in his possession, control or custody of large cattle shall, upon
demand by competent authorities, exhibit the documents
prescribed in the preceding sections. Failure to exhibit the
required documents shall be prima facie evidence that the large
cattle in his possession, control or custody are the fruits of the
crime of cattle rustling.
Section 8. Penal provisions. Any person convicted of cattle
rustling as herein defined shall, irrespective of the value of the
large cattle involved, be punished by prision mayor in its
maximum period to reclusion temporal in its medium period if
the offense is committed without violence against or intimidation
of persons or force upon things. If the offense is committed with
violence against or intimidation of persons or force upon things,
the penalty of reclusion temporal in its maximum period to
reclusion perpetua shall be imposed. If a person is seriously
injured or killed as a result or on the occasion of the
commission of cattle rustling, the penalty of reclusion perpetua
to death shall be imposed.
When the offender is a government official or employee, he
shall, in addition to the foregoing penalty, be disqualified from
voting or being voted upon in any election/referendum and from
holding any public office or employment.
When the offender is an alien, he shall be deported immediately
upon the completion of the service of his sentence without
further proceedings.
REPUBLIC ACT NO. 8042 Migrant Workers and Overseas
Filipinos Act of 1995 An act to institute the policies of overseas
employment and establish a higher standard of protection and
promotion of the welfare of migrant workers, their families and
overseas Filipinos in distress, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SEC. 1. SHORT TITLE. - This act shall be known and cited as
the "Migrant Workers and Overseas Filipinos Act of 1995."
SEC. 2. DECLARATION OF POLICIES--
(a) In the pursuit of an independent foreign policy and while
considering national sovereignty, territorial integrity, national
interest and the right to self-determination paramount in its
relations with other states, the State shall, at all times, uphold
the dignity of its citizens whether in country or overseas, in
general, and Filipino migrant workers, in particular.
SEC. 3. DEFINITIONS. - For purposes of this Act:
(a) "Migrant worker" refers to a person who is to be engaged, is
engaged or has been engaged in a renumerated activity in a
state of which he or she is not a legal resident to be used
interchangeably with overseas Filipino worker.
(b) "Gender-sensitivity" shall mean cognizance of the
inequalities and inequities prevalent in society between women
and men and a commitment to address issues with concern for
the respective interests of the sexes.
(c) "Overseas Filipinos" refers to dependents of migrant
workers and other Filipino nationals abroad who are in distress
as mentioned in Sections 24 and 26 of this Act.
I. DEPLOYMENT
SEC. 4. Deployment of Migrant Workers - The State shall
deploy overseas Filipino workers only in countries where the
rights of Filipino migrant workers are protected. The
government recognizes any of the following as guarantee on
the part of the receiving country for the protection and the rights
of overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of
migrant workers;
(b) It is a signatory to multilateral conventions, declaration or
resolutions relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with
the government protecting the rights of overseas Filipino
workers; and
(d) It is taking positive, concrete measures to protect the rights
of migrant workers.
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT -
Notwithstanding the provisions of Section 4 hereof, the
government, in pursuit of the national interest or when public
welfare so requires, may, at any time, terminate or impose a
ban on the deployment of migrant workers.
II. ILLEGAL RECRUITMENT
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers and
includes referring, contact services, promising or advertising for
employment abroad, whether for profit or not, when undertaken
by a non-license or non-holder of authority contemplated under
Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines.
Provided, that such non-license or non-holder, who, in any
manner, offers or promises for a fee employment abroad to two
or more persons shall be deemed so engaged. It shall likewise
include the following acts, whether committed by any persons,
whether a non-licensee, non-holder, licensee or holder of
authority.
(a) To charge or accept directly or indirectly any amount greater
than the specified in the schedule of allowable fees prescribed
by the Secretary of Labor and Employment, or to make a
worker pay any amount greater than that actually received by
him as a loan or advance;
(b) To furnish or publish any false notice or information or
document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document
or commit any act of misrepresentation for the purpose of
securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed
to quit his employment in order to offer him another unless the
transfer is designed to liberate a worker from oppressive terms
and conditions of employment;
(e) To influence or attempt to influence any persons or entity
not to employ any worker who has not applied for employment
through his agency;
(f) To engage in the recruitment of placement of workers in jobs
harmful to public health or morality or to dignity of the Republic
of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or by his duly authorized
representative;
(h) To fail to submit reports on the status of employment,
placement vacancies, remittances of foreign exchange
earnings, separations from jobs, departures and such other
matters or information as may be required by the Secretary of
Labor and Employment;
(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the Department
of Labor and Employment from the time of actual signing
thereof by the parties up to and including the period of the
expiration of the same without the approval of the Department
of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency
to become an officer or member of the Board of any corporation
engaged in travel agency or to be engaged directly on indirectly
in the management of a travel agency;
(k) To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under the Labor
Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as
determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in
connection with his documentation and processing for purposes
of deployment, in cases where the deployment does not
actually take place without the worker's fault. Illegal recruitment
when committed by a syndicate or in large scale shall be
considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried
out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large
scale if committed against three (3) or more persons
individually or as a group.
The persons criminally liable for the above offenses are the
principals, accomplices and accessories. In case of juridical
persons, the officers having control, management or direction of
their business shall be liable.
SEC. 7. PENALTIES -
(a) Any person found guilty of illegal recruitment shall suffer the
penalty of imprisonment of not less than six (6) years and one
(1) day but not more than twelve (12) years and a fine not less
than two hundred thousand pesos (P200,000.00) nor more than
five hundred thousand pesos (P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than
five hundred thousand pesos (P500,000.00) nor more than one
million pesos (P1,000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined herein.
Provided, however, that the maximum penalty shall be
imposed if the person illegally recruited is less than eighteen
(18) years of age or committed by a non-licensee or non-holder
of authority.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. -
Ot shall be unlawful for any official or employee of the
Department of Labor and Employment, the Philippine Overseas
Employment Administration, or the Overseas Workers Welfare
Administration, or the Department of Foreign Affairs, or other
government agencies involved in the implementation of this Act,
or their relatives within the fourth civil degree of consanguinity
or affinity, to engage, directly or indirectly, in the business of
recruiting migrant workers as defined in this Act. The penalties
shall be imposed upon them.
SEC. 9. VENUE. - A criminal action arising from illegal
recruitment as defined herein shall be filed with the Regional
Trial Court of the province or city where the offense was
committed or where the offended party actually resides at the
same time of the commission of the offense: Provided, That the
court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts. Provided, however,
That the aforestated provisions shall also apply to those
criminal actions that have already been filed in court at the time
of the effectivity of this Act.
SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of
law to the contrary, the Labor Arbiters of the National Labor
Relations Commission (NLRC) shall have the priginal and
exclusive jurisdiction to hear and decide, within ninety (90)
calendar days after filing of the complaint, the claims arising out
of an employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment
including claims for actual, moral, exemplary and other forms of
damages.
The liability of the principal/employer and the
recruitment/placement agency for any and all claims under this
section shall be joint and several. This provisions shall be
incorporated in the contract for overseas employment and shall
be a condition precedent for its approval. The performance
bond to be filed by the recruitment/placement agency, as
provided by law, shall be answerable for all money claims or
damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the corporate
officers and directors and partners as the case may be, shall
themselves be jointly and solidarily liable with the corporation or
partnership for the aforesaid claims and damages.
Such liabilities shall continue during the entire period
or duration of the employment contract and shall not be
affected by any substitution, amendment or modification made
locally or in a foreign country of the said contract.
Any compromise/amicable settlement or voluntary
agreement on money claims inclusive of damages under this
section shall be paid within four (4) months from the approval of
the settlement by the appropriate authority.
In case of termination of overseas employment
without just, valid or authorized cause as defined by law or
contract, the workers shall be entitled to the full reimbursement
of his placement fee with interest of twelve percent (12%) per
annum, plus his salaries for the unexpired portion of his
employment contract or for three (3) months for every year of
the unexpired term, whichever is less.
Non-compliance with the mandatory periods for
resolutions of cases provided under this section shall subject
the responsible officials to any or all of the following penalties:
(a) The salary of any such official who fails to render
his decision or resolutions within the prescribed period shall be,
or caused to be, withheld until the said official complies
therewith;
(b) Suspension for not more than ninety (90) days; or
(c) Dismissal from the service with disqualifications to
hold any appointive public office for five (5) years.
Provided, however, that the penalties herein provided
shall be without prejudice to any liability which any such official
may have incurred under other existing laws or rules and
regulations as a consequence of violating the provisions of this
paragraph.
SEC. 11. MANADATORY PERIODS FOR
RESOLUTION OF ILLEGAL RECRUITMENT CASES. - The
preliminary investigations of cases under this Act shall be
terminated within a period of thirty (30) calendar days from the
date of their filing. Where the preliminary investigation is
conducted by a prosecution officer and a prima facie case 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 prima facie case is found to exist, prosecution
officer within forty-eight (48) hours from the date of receipt of
the records of the case.
SEC. 12. PRESCRIPTIVE PERIODS. - Illegal
recruitment cases under this Act shall prescribe in five (5)
years: Provided, however, That illegal recruitment cases
involving economic sabotage as defined herein shall prescribe
in twenty (20) years.
REPUBLIC ACT No. 6539
AN ACT PREVENTING AND PENALIZING CARNAPPING
Section 1. This Act shall be known and may be cited as
the "Anti-Carnapping Act of 1972."
Section 2. Definition of terms. The terms "carnapping", "motor
vehicle", "defacing or tampering with", "repainting", "body-
building", "remodeling", "dismantling", and "overhauling", as
used in this Act, shall be understood, respectively, to mean
"Carnapping" is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or by means
of violence against or intimidation of persons, or by using force
upon things.
"Motor vehicle" is any vehicle propelled by any power other
than muscular power using the public highways, but excepting
road rollers, trolley cars, street-sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork-lifts, amphibian trucks, and
cranes if not used on public highways, vehicles, which run only
on rails or tracks, and tractors, trailers and traction engines of
all kinds used exclusively for agricultural purposes. Trailers
having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified
as separate motor vehicle with no power rating.lawphi1™
"Defacing or tampering with" a serial number is the erasing,
scratching, altering or changing of the original factory-inscribed
serial number on the motor vehicle engine, engine block or
chassis of any motor vehicle. Whenever any motor vehicle is
found to have a serial number on its motor engine, engine block
or chassis which is different from that which is listed in the
records of the Bureau of Customs for motor vehicles imported
into the Philippines, that motor vehicle shall be considered to
have a defaced or tampered with serial number.
"Repainting" is changing the color of a motor vehicle by means
of painting. There is repainting whenever the new color of a
motor vehicle is different from its color as registered in the Land
Transportation Commission.
"Body-building" is a job undertaken on a motor vehicle in order
to replace its entire body with a new body.
"Remodeling" is the introduction of some changes in the shape
or form of the body of the motor vehicle.lawphi1™
"Dismantling" is the tearing apart, piece by piece or part by part,
of a motor vehicle.
"Overhauling" is the cleaning or repairing of the whole engine of
a motor vehicle by separating the motor engine and its parts
from the body of the motor vehicle.
Section 3. Registration of motor vehicle engine, engine block
and chassis. Within one year after the approval of this Act,
every owner or possessor of unregistered motor vehicle or
parts thereof in knock down condition shall register with the
Land Transportation Commission the motor vehicle engine,
engine block and chassis in his name or in the name of the real
owner who shall be readily available to answer any claim over
the registered motor vehicle engine, engine block or chassis.
Thereafter, all motor vehicle engines, engine blocks and
chassis not registered with the Land Transportation
Commission shall be considered as untaxed importation or
coming from an illegal source or carnapped, and shall be
confiscated in favor of the Government.
All owners of motor vehicles in all cities and municipalities are
required to register their cars with the local police without
paying any charges.
Section 4. Permanent registry of motor vehicle engines, engine
blocks and chassis. The Land Transportation Commission shall
keep a permanent registry of motor vehicle engines, engine
blocks and chassis of all motor vehicles, specifying therein their
type, make and serial numbers and stating therein the names
and addresses of their present and previous owners. Copies of
the registry and of all entries made thereon shall be furnished
the Philippine Constabulary and all Land Transportation
Commission regional, provincial and city branch
offices: Provided, That all Land Transportation Commission
regional, provincial and city branch offices are likewise obliged
to furnish copies of all registration of motor vehicles to the main
office and to the Philippine Constabulary.
Section 5. Registration of sale, transfer, conveyance,
substitution or replacement of a motor vehicle engine, engine
block or chassis. Every sale, transfer, conveyance, substitution
or replacement of a motor vehicle engine, engine block or
chassis of a motor vehicle shall be registered with the Land
Transportation Commission. Motor vehicles assembled and
rebuilt or repaired by replacement with motor vehicle engines,
engine blocks and chassis not registered with the Land
Transportation Commission shall not be issued certificates of
registration and shall be considered as untaxed imported motor
vehicles or motor vehicles carnapped or proceeding from illegal
sources.
Section 6. Original Registration of motor vehicles. Any person
seeking the original registration of a motor vehicle, whether that
motor vehicle is newly assembled or rebuilt or acquired from a
registered owner, shall within one week after the completion of
the assembly or rebuilding job or the acquisition thereof from
the registered owner, apply to the Philippine Constabulary for
clearance of the motor vehicle for registration with the Land
Transportation Commission. The Philippine Constabulary shall,
upon receipt of the application, verify if the motor vehicle or its
numbered parts are in the list of carnapped motor vehicles or
stolen motor vehicle parts. If the motor vehicle or any of its
numbered parts is not in that list, the Philippine Constabulary
shall forthwith issue a certificate of clearance. Upon
presentation of the certificate of clearance from the Philippine
Constabulary and after verification of the registration of the
motor vehicle engine, engine block and chassis in the
permanent registry of motor vehicle engines, engine blocks and
chassis, the Land Transportation Commission shall register the
motor vehicle in accordance with existing laws, rules and
regulations.
Section 14. Penalty for Carnapping. Any person who is found
guilty of carnapping, as this term is defined in Section two of
this Act, shall, irrespective of the value of motor vehicle taken,
be punished by imprisonment for not less than fourteen years
and eight months and not more than seventeen years and four
months, when the carnapping is committed without violence or
intimidation of persons, or force upon things; and by
imprisonment for not less than seventeen years and four
months and not more than thirty years, when the carnapping is
committed by means of violence against or intimidation of any
person, or force upon things; and the penalty of life
imprisonment to death shall be imposed when the owner, driver
or occupant of the carnapped motor vehicle is killed in the
commission of the carnapping.
Section 15. Aliens. Aliens convicted under the provisions of this
Act shall be deported immediately after service of sentence
without further proceedings by the Deportation Board.
Section 16. Reward. Any person who voluntarily gives
information leading to the recovery of carnapped vehicles and
for the conviction of the persons charged with carnapping shall
be given as reward so much reward money as the Philippine
Constabulary may fix. The Philippine Constabulary is
authorized to include in its annual budget the amount
necessary to carry out the purposes of this section. Any
information given by informers shall be treated as confidential
matter.
Section 17. Separability clause. If any provisions of this Act is
declared invalid, the provisions thereof not affected by such
declaration shall remain in force and effect.
REPUBLIC ACT No. 6235 ACT PROHIBITING CERTAIN ACTS
INIMICAL TO CIVIL AVIATION,
Section 1. It shall be unlawful for any person to compel a
change in the course or destination of an aircraft of Philippine
registry, or to seize or usurp the control thereof, while it is in
flight. An aircraft is in flight from the moment all its external
doors are closed following embarkation until any of such doors
is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft
of foreign registry to land in Philippine territory or to seize or
usurp the control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing
section shall be punished by an imprisonment of not less than
twelve years but not more than twenty years, or by a fine of not
less than twenty thousand pesos but not more than forty
thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine
of not less than twenty-five thousand pesos but not more than
fifty thousand pesos shall be imposed upon any person
committing such violation under any of the following
circumstances:
1. Whenever he has fired upon the pilot, member of the crew or
passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any
bomb or explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide,
serious physical injuries or rape.
Section 3. It shall be unlawful for any person, natural or
juridical, to ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance or
material.
Section 4. The shipping, loading or carrying of any substance or
material mentioned in the preceding section in any cargo
aircraft operating as a public utility within the Philippines shall
be in accordance with regulations issued by the Civil
Aeronautics Administration.
Section 5. As used in this Act
(1) "Explosive" shall mean any substance, either solid or liquid,
mixture or single compound, which by chemical reaction
liberates heat and gas at high speed and causes tremendous
pressure resulting in explosion. The term shall include but not
limited to dynamites, firecrackers, blasting caps, black powders,
bursters, percussions, cartridges and other explosive materials,
except bullets for firearm.
(2) "Flammable" is any substance or material that is highly
combustible and self-igniting by chemical reaction and shall
include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium
chlorate and other ammonium mixtures and other similar
substances or materials.
(3) "Corrosive" is any substance or material, either liquid, solid
or gaseous, which through chemical reaction wears away,
impairs or consumes any object. It shall include but not limited
to alkaline battery fluid packed with empty storage battery, allyl
chloroformate, allytrichlorosilane, ammonium dinitro-
orthocresolate and other similar materials and substances.
(4) "Poisonous" is any substance or materials, except medicinal
drug, either liquid, solid or gaseous, which through chemical
reactions kills, injuries or impairs a living organism or person,
and shall include but not limited to allyl isothiocyanate,
ammunition (chemical, non-explosive but containing Class A, B
or poison), aniline oil, arsine, bromobenzyle cyanide,
bromoacetone and other similar substances or materials.
Section 6. Any violation of Section three hereof shall be
punishable by an imprisonment of at least five years but not
more than ten years or by a fine of not less than ten thousand
pesos but not more than twenty thousand pesos: Provided,
That if the violation is committed by a juridical person, the
penalty shall be imposed upon the manager, representative,
director, agent or employee who violated, or caused, directed,
cooperated or participated in the violation
thereof: Provided, further, That in case the violation is
committed in the interest of a foreign corporation legally doing
business in the Philippines, the penalty shall be imposed upon
its resident agent, manager, representative or director
responsible for such violation and in addition thereto, the
license of said corporation to do business in the Philippines
shall be revoked.
Any violation of Section four hereof shall be an offense
punishable with the minimum of the penalty provided in the next
preceding paragraph.
Section 7. For any death or injury to persons or damage to
property resulting from a violation of Sections three and four
hereof, the person responsible therefor may be held liable in
accordance with the applicable provisions of the Revised Penal
Code.
Section 8. Aircraft companies which operate as public utilities or
operators of aircraft which are for hire are authorized to open
and investigate suspicious packages and cargoes in the
presence of the owner or shipper, or his authorized
representatives if present; in order to help the authorities in the
enforcement of the provisions of this Act: Provided, That if the
owner, shipper or his representative refuses to have the same
opened and inspected, the airline or air carrier is authorized to
refuse the loading thereof.
Section 9. Every ticket issued to a passenger by the airline or
air carrier concerned shall contain among others the following
condition printed thereon: "Holder hereof and his hand-carried
luggage(s) are subject to search for, and seizure of, prohibited
materials or substances. Holder refusing to be searched shall
not be allowed to board the aircraft," which shall constitute a
part of the contract between the passenger and the air carrier..
PRESIDENTIAL DECREE No. 532 August 8, 1974
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF
WHEREAS, reports from law-enforcement agencies reveal that
lawless elements are still committing acts of depredations upon
the persons and properties of innocent and defenseless
inhabitants who travel from one place to another, thereby
distributing the peace, order and tranquility of the nation and
stunting the economic and social progress of the people;
WHEREAS, such acts of depredations constitute either piracy
or highway robbery/brigandage which are among the highest
forms of lawlessness condemned by the penal statutes of all
countries; and,
WHEREAS, it is imperative that said lawless elements be
discouraged from perpetrating such acts of depredations by
imposing heavy penalty on the offenders, with the end in view
of eliminating all obstacles to the economic, social, educational
and community progress of the people;
a. Philippine Waters. It shall refer to all bodies of water, such as
but not limited to, seas, gulfs, bays around, between and
connecting each of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and all
other waters belonging to the Philippines by historic or legal
title, including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
b. Vessel. Any vessel or watercraft used for transport of
passengers and cargo from one place to another through
Philippine Waters. It shall include all kinds and types of vessels
or boats used in fishing.
c. Philippine Highway. It shall refer to any road, street, passage,
highway and bridges or other parts thereof, or railway or
railroad within the Philippines used by persons, or vehicles, or
locomotives or trains for the movement or circulation of persons
or transportation of goods, articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or the
taking away of the whole or part thereof or its cargo, equipment,
or the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against
or intimidation of persons or force upon things, committed by
any person, including a passenger or member of the
complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as
pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for
ransom, extortion or other unlawful purposes, or the taking
away of the property of another by means of violence against or
intimidation of person or force upon things of other unlawful
means, committed by any person on any Philippine Highway.
Section 3. Penalties. Any person who commits piracy or
highway robbery/brigandage as herein defined, shall, upon
conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If physical injuries or other
crimes are committed as a result or on the occasion thereof, the
penalty of reclusion perpetua shall be imposed. If rape, murder
or homicide is committed as a result or on the occasion of
piracy, or when the offenders abandoned the victims without
means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the
mandatory penalty of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty of reclusion
temporal in its minimum period shall be imposed. If physical
injuries or other crimes are committed during or on the occasion
of the commission of robbery or brigandage, the penalty of
reclusion temporal in its medium and maximum periods shall be
imposed. If kidnapping for ransom or extortion, or murder or
homicide, or rape is committed as a result or on the occasion
thereof, the penalty of death shall be imposed.
Section 4. Aiding pirates or highway robbers/brigands or
abetting piracy or highway robbery/brigandage. Any person
who knowingly and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them information
about the movement of police or other peace officers of the
government, or acquires or receives property taken by such
pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the
commission of piracy or highway robbery or brigandage, shall
be considered as an accomplice of the principal offenders and
be punished in accordance with the Rules prescribed by the
Revised Penal Code.
It shall be presumed that any person who does any of the acts
provided in this Section has performed knowingly, unless the
contrary is proven.
Republic Act No. 8294 June 6, 1997
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL
DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING
THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR
EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is
hereby further amended to read as follows:
"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or
possession of firearms or ammunition or instruments used or
intended to be used in the manufacture of firearms or
ammunition. – The penalty of prision correccional in its
maximum period and a fine of not less than Fifteen thousand
pesos (P15,000) shall be imposed upon any person who shall
unlawfully manufacture, deal in, acquire, dispose, or possess
any low powered firearm, such as rimfire handgun, .380 or .32
and other firearm of similar firepower, part of firearm,
ammunition, or machinery, tool or instrument used or intended
to be used in the manufacture of any firearm or ammunition:
Provided, That no other crime was committed.
"The penalty of prision mayor in its minimum period and a fine
of Thirty thousand pesos (P30,000) shall be imposed if the
firearm is classified as high powered firearm which includes
those with bores bigger in diameter than .38 caliber and 9
millimeter such as caliber .40, .41, .44, .45 and also lesser
calibered firearms but considered powerful such as caliber .357
and caliber .22 center-fire magnum and other firearms with
firing capability of full automatic and by burst of two or three:
Provided, however, That no other crime was committed by the
person arrested.
"If homicide or murder is committed with the use of an
unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident to, or
in connection with the crime of rebellion or insurrection,
sedition, or attempted coup d'etat, such violation shall be
absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president,
manager, director or other responsible officer of any public or
private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or
persons found guilty of violating the provisions of the preceding
paragraphs or willfully or knowingly allow any of them to use
unlicensed firearms or firearms without any legal authority to be
carried outside of their residence in the course of their
employment.
"The penalty of arresto mayor shall be imposed upon any
person who shall carry any licensed firearm outside his
residence without legal authority therefor."
Section 2. Sec. 3 of Presidential Decree No. 1866, as
amended, is hereby further amended to read as follows:
"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or
possession of explosives. – The penalty of prision mayor in its
maximum period to reclusion temporal and a fine of not less
than Fifty thousand pesos (P50,000) shall be imposed upon
any person who shall unlawfully manufacture, assemble, deal
in, acquire, dispose or possess hand grenade(s), rifle
grenade(s), and other explosives, including but not limited to
'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing destructive effect on
contiguous objects or causing injury or death to any person.
"When a person commits any of the crimes defined in the
Revised Penal Code or special laws with the use of the
aforementioned explosives, detonation agents or incendiary
devices, which results in the death of any person or persons,
the use of such explosives, detonation agents or incendiary
devices shall be considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of, or incident to, or
in connection with the crime of rebellion, insurrection, sedition
or attempted coup d'etat, such violation shall be absorbed as an
element of the crimes of rebellion, insurrection, sedition or
attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president,
manager, director or other responsible officer of any public or
private firm, company, corporation or entity, who shall willfully or
knowingly allow any of the explosives owned by such firm,
company, corporation or entity, to be used by any person or
persons found guilty of violating the provisions of the preceding
paragraphs."
Section 3. Sec. 5 of Presidential Decree No. 1866, as
amended, is hereby further amended to read as follows:
"Sec. 5. Tampering of firearm's serial number. – The penalty of
prision correccional shall be imposed upon any person who
shall unlawfully tamper, change, deface or erase the serial
number of any firearm."
Section 4. Sec. 6 of Presidential Decree No. 1866, as
amended, is hereby further amended to read as follows:
"Sec. 6. Repacking or altering the composition of lawfully
manufactured explosives. – The penalty of prision correccional
shall be imposed upon any person who shall unlawfully repack,
alter or modify the composition of any lawfully manufactured
explosives."
Section 5. Coverage of the Term Unlicensed Firearm. – The
term unlicensed firearm shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of
the crime.
Section 6. Rules and regulations. – The Department of Justice
and the Department of the Interior and Local Government shall
jointly issue, within ninety (90) days after the approval of this
Act, the necessary rules and regulations pertaining to the
administrative aspect of the provisions hereof, furnishing the
Committee on Public Order and Security and the Committee on
Justice and Human Rights of both Houses of Congress copies
of such rules and regulations within thirty (30) days from the
promulgation hereof.
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON
FIREARMS AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
TITLE, DECLARATION OF POLICY AND DEFINITION OF
Section 1. Short Title. – This Act shall be known as the
"Comprehensive Firearms and Ammunition Regulation Act".
Section 2. Declaration of State Policy. – It is the policy of the
State to maintain peace and order and protect the people
against violence. The State also recognizes the right of its
qualified citizens to self-defense through, when it is the
reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State
shall provide for a comprehensive law regulating the ownership,
possession, carrying, manufacture, dealing in and importation
of firearms, ammunition, or parts thereof, in order to provide
legal support to law enforcement agencies in their campaign
against crime, stop the proliferation of illegal firearms or
weapons and the illegal manufacture of firearms or weapons,
ammunition and parts thereof.
Section 3. Definition of Terms. – As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance
or increase the operational efficiency or accuracy of a firearm
but will not constitute any of the major or minor internal parts
thereof such as, hut not limited to, laser scope, telescopic sight
and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a
bullet, gunpowder, cartridge case and primer or loaded shell for
use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was
manufactured at least seventy-five (75) years prior to the
current date but not including replicas; (2) firearm which is
certified by the National Museum of the Philippines to be curio
or relic of museum interest; and (3) any other firearm which
derives a substantial part of its monetary value from the fact
that it is novel, rare, bizarre or because of its association with
some historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition,
sale, delivery, movement or transfer of firearms, their parts and
components and ammunition, from or across the territory of one
country to that of another country which has not been
authorized in accordance with domestic law in either or both
country/countries.
(e) Authority to import refers to a document issued by the Chief
of the Philippine National Police (PNP) authorizing the
importation of firearms, or their parts, ammunition and other
components.
(f) Authorized dealer refers to any person, legal entity,
corporation, partnership or business entity duly licensed by the
Firearms and Explosive Office (FEO) of the PNP to engage in
the business of buying and selling ammunition, firearms or
parte thereof, at wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity,
corporation, partnership or business duly licensed by the FEO
of the PNP to engage in the business of importing ammunition
and firearms, or parts thereof into the territory of the Republic of
the Philippines for purposes of sale or distribution under the
provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity,
corporation, or partnership duly licensed by the FEO of the PNP
to engage in the business of manufacturing firearms, and
ammunition or parts thereof for purposes of sale or
distribution.1âwphi1
(i) Confiscated firearm refers to a firearm that is taken into
custody by the PNP, National Bureau of Investigation (NBI),
Philippine Drug Enforcement Agency (PDEA), and all other law
enforcement agencies by reason of their mandate and must be
necessarily reported or turned over to the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made
incapable of performing its main purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical
entity or employer wherein the details of the disposition of
firearm is spelled-out, thus indicating the name of the
employee, the firearm information, the specific duration and
location of posting or assignment and the authorized bonded
firearm custodian for the juridical entity to whom such firearm is
turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether
a small arm or light weapon, that expels or is designed to expel
a bullet, shot, slug, missile or any projectile, which is
discharged by means of expansive force of gases from burning
gunpowder or other form of combustion or any similar
instrument or implement. For purposes of this Act, the barrel,
frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to
the compilation of all data and information on firearms
ownership and disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to
forfeiture by reason of court order as accessory penalty or for
the disposition by the FEO of the PNP of firearms considered
as abandoned, surrendered, confiscated or revoked in
compliance with existing rules and regulations.
(o) Gun club refers to an organization duly registered with and
accredited in good standing by the FEO of the PNP which is
established for the purpose of propagating responsible and safe
gun ownership, proper appreciation and use of firearms by its
members, for the purpose of sports and shooting competition,
self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation,
partnership or business duly licensed by the FEO of the PNP to
engage in the business of repairing firearms and other weapons
or constructing or assembling firearms and weapons from
finished or manufactured parts thereof on a per order basis and
not in commercial quantities or of making minor parts for the
purpose of repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other
device that is so substantially similar in coloration and overall
appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the
qualifications set forth in this Act and duly issued with a license
to possess or to carry firearms outside of the residence in
accordance with this Act.
(s) Licensed, juridical entity refers to corporations,
organizations, businesses including security agencies and local
government units (LGUs) which are licensed to own and
possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to
self-loading pistols, rifles and carbines, submachine guns,
assault rifles and light machine guns not exceeding caliber
7.62MM which have fully automatic mode; and Class-B Light
weapons which refer to weapons designed for use by two (2) or
more persons serving as a crew, or rifles and machine guns
exceeding caliber 7.62MM such as heavy machine guns,
handheld underbarrel and mounted grenade launchers,
portable anti-aircraft guns, portable anti-tank guns, recoilless
rifles, portable launchers of anti-tank missile and rocket
systems, portable launchers of anti-aircraft missile systems,
and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to
government agencies or offices or government-owned or -
controlled corporations for firearms to be used by their officials
and employees who are qualified to possess firearms as
provider in this Act, excluding security guards.
(v) Loose firearm refers to an unregistered firearm, an
obliterated or altered firearm, firearm which has been lost or
stolen, illegally manufactured firearms, registered firearms in
the possession of an individual other than the licensee and
those with revoked licenses in accordance with the rules and
regulations.
(w) Major part or components of a firearm refers to the barrel,
slide, frame, receiver, cylinder or the bolt assembly. The term
also includes any part or kit designed and intended for use in
converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm
other than the major parts which are necessary to effect and
complete the action of expelling a projectile by way of
combustion, except those classified as accessories.
(y) Permit to carry firearm outside of residence refers to a
written authority issued to a licensed citizen by the Chief of the
PNP which entitles such person to carry his/her registered or
lawfully issued firearm outside of the residence for the duration
and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority
issued to a licensed citizen or entity by the Chief of the PNP or
by a PNP Regional Director which entitles such person or entity
to transport a particular firearm from and to a specific location
within the duration and purpose in the authority.
(aa) Residence refers to the place or places of abode of the
licensed citizen as indicated in his/her license.
(bb) Shooting range refers to a facility established for the
purpose of firearms training and skills development, firearm
testing, as well as for sports and competition shooting either for
the exclusive use of its members or open to the general public,
duly registered with and accredited in good standing by the
FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued
by the FEO of the PNP for a government official or employee
who was issued by his/her employer department, agency or
government-owned or -controlled corporation a firearm covered
by the long certificate of registration.
(dd) Small arms refer to firearms intended to be or primarily
designed for individual use or that which is generally
considered to mean a weapon intended to be fired from the
hand or shoulder, which are not capable of fully automatic
bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the
hand, which includes:
(i) A pistol which is a hand-operated firearm having a chamber
integral with or permanently aligned with the bore which may be
self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving
cylinder containing chambers for individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from
the shoulder that can discharge a bullet through a rifled barrel
by different actions of loading, which may be classified as lever,
bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to
fire a number of ball shots or a single projectile through a
smooth bore by the action or energy from burning gunpowder.
(ee) Sports shooting competition refers to a defensive,
precision or practical sport shooting competition duly authorized
by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any
firearm whose serial number or other identification or ballistics
characteristics have been intentionally tampered with,
obliterated or altered without authority or in order to conceal its
source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated,
uncooled thermal imaging device which amplifies available
thermal signatures so that the viewed scene becomes clear to
the operator which is used to locate and engage targets during
daylight and from low light to total darkness and operates in
adverse conditions such as light rain, light snow, and dry smoke
or in conjunction with other optical and red dot sights.
ARTICLE II OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and
Obtaining a License to Own and Possess Firearms. – In order
to qualify and acquire a license to own and possess a firearm or
firearms and ammunition, the applicant must be a Filipino
citizen, at least twenty-one (21) years old and has gainful work,
occupation or business or has filed an Income Tax Return (ITR)
for the preceding year as proof of income, profession, business
or occupation.
In addition, the applicant shall submit the following certification
issued by appropriate authorities attesting the following:
(a) The applicant has not been convicted of any crime involving
moral turpitude;
(b) The applicant has passed the psychiatric test administered
by a PNP-accredited psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an
accredited and authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is
administered by the PNP or a registered and authorized gun
club;
(e) The applicant has filed in writing the application to possess
a registered firearm which shall state the personal
circumstances of the applicant;
(f) The applicant must present a police clearance from the city
or municipality police office; and
(g) The applicant has not been convicted or is currently an
accused in a pending criminal case before any court of law for a
crime that is punishable with a penalty of more than two (2)
years.
For purposes of this Act, an acquittal or permanent dismissal of
a criminal case before the courts of law shall qualify the
accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may
be provided in the implementing rules and regulations of this
Act.
An applicant who intends to possess a firearm owned by a
juridical entity shall submit his/her duty detail order to the FEO
of the PNP.
For purposes of this Act, the following professionals are
considered to be in imminent danger due to the nature of their
profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or
undertaking, are exposed to high risk of being targets of
criminal elements.
ARTICLE III REGISTRATION AND LICENSING
Section 8. Authority to Issue License. – The Chief of the PNP,
through the FEO of the PNP, shall issue licenses to qualified
individuals and to cause the registration of firearms.
Section 9. Licenses Issued to Individuals. – Subject to the
requirements set forth in this Act and payment of required fees
to be determined by the Chief of the PNP, a qualified individual
may be issued the appropriate license under the following
categories;
Type 1 license – allows a citizen to own and possess a
maximum of two (2) registered firearms;
Type 2 license – allows a citizen to own and possess a
maximum of five (5) registered firearms;
Type 3 license – allows a citizen to own and possess a
maximum of ten (10) registered firearms;
Type 4 license – allows a citizen to own and possess a
maximum of fifteen (15) registered firearms; and
Type 5 license – allows a citizen, who is a certified gun
collector, to own and possess more than fifteen (15) registered
firearms.
For Types 1 to 5 licenses, a vault or a container secured by
lock and key or other security measures for the safekeeping of
firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the
inspection and bond requirements.
Section 10. Firearms That May Be Registered. – Only small
arms may be registered by licensed citizens or licensed juridical
entities for ownership, possession and concealed carry. A light
weapon shall be lawfully acquired or possessed exclusively by
the AFP, the PNP and other law enforcement agencies
authorized by the President in the performance of their
duties: Provided, That private individuals who already have
licenses to possess Class-A light weapons upon the effectivity
of this Act shall not be deprived of the privilege to continue
possessing the same and renewing the licenses therefor, for
the sole reason that these firearms are Class "A" light weapons,
and shall be required to comply with other applicable provisions
of this Act.
Section 11. Registration of Firearms. – The licensed citizen or
licensed juridical entity shall register his/her/its firearms so
purchased with the FEO of the PNP in accordance with the type
of license such licensed citizen or licensed juridical entity
possesses. A certificate of registration of the firearm shall be
issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application,
approval, record-keeping and monitoring of firearms with the
FEO of the PNP in accordance with the type of license issued
to any person under Section 9 of this Act.
Section 12. License to Possess Ammunition Necessarily
Included. – The licenses granted to qualified citizens or juridical
entities as provided in Section 9 of this Act shall include the
license to possess ammunition with a maximum of fifty (50)
rounds for each registered firearm: Provided; That the FEO of
the PNP may allow more ammunition to be possessed by
licensed sports shooters.
PENAL PROVISIONS Section 28. Unlawful Acquisition, or
Possession of Firearms and Ammunition. – The unlawful
acquisition, possession of firearms and ammunition shall be
penalized as follows:
(a) The penalty of prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or
possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall
be imposed if three (3) or more small arms or Class-A light
weapons are unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or
possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon
any person who shall, unlawfully acquire or possess a Class-B
light weapon;
(e) The penalty of one (1) degree higher than that provided in
paragraphs (a) to (c) in this section shall be imposed upon any
person who shall unlawfully possess any firearm under any or
combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded
magazine;
(2) Fitted or mounted with laser or any gadget used to guide the
shooter to hit the target such as thermal weapon sight (TWS)
and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or
firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be
imposed upon any person who shall unlawfully acquire or
possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be
imposed upon any person who shall unlawfully acquire or
possess ammunition for a small arm or Class-A light weapon. If
the violation of this paragraph is committed by the same person
charged with the unlawful acquisition or possession of a small
arm, the former violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or
possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or
possess ammunition for a Class-A light weapon. If the violation
of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-A light
weapon, the former violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or
possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or
possess ammunition for a Class-B light weapon. If the violation
of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-B light
weapon, the former violation shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a
Crime. – The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by the
law with a maximum penalty which is lower than that prescribed
in the preceding section for illegal possession of firearm, the
penalty for illegal possession of firearm shall be imposed in lieu
of the penalty for the crime charged: Provided, further, That if
the crime committed with the use of a loose firearm is penalized
by the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession of
firearms, the penalty of prision mayor in its minimum period
shall be imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or other special laws
of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in
connection with the crime of rebellion of insurrection, or
attempted coup d’ etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or
attempted coup d’ etat.
If the crime is committed by the person without using the loose
firearm, the violation of this Act shall be considered as a distinct
and separate offense.
Section 30. Liability of Juridical Person. – The penalty of prision
mayor in its minimum to prision mayor in its medium period
shall be imposed upon the owner, president, manager, director
or other responsible officer of/any public or private firm,
company, corporation or entity who shall willfully or knowingly
allow any of the firearms owned by such firm, company,
corporation or entity to be used by any person or persons found
guilty of violating the provisions of the preceding section, or
willfully or knowingly allow any of them to use unregistered
firearm or firearms without any legal authority to be carried
outside of their residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of Residence. –
The penalty of prision correccional and a fine of Ten thousand
pesos (P10,000.00) shall be imposed upon any person who is
licensed to own a firearm but who shall carry the registered
firearm outside his/her residence without any legal authority
therefor.
Section 32. Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used in
the Manufacture of Firearms, Ammunition or Parts Thereof. –
The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall unlawfully engage in the
manufacture, importation, sale or disposition of a firearm or
ammunition, or a major part of a firearm or ammunition, or
machinery, tool or instrument used or intended to be used by
the same person in the manufacture of a firearm, ammunition,
or a major part thereof.
The possession of any machinery, tool or instrument used
directly in the manufacture of firearms, ammunition, or major
parts thereof by any person whose business, employment or
activity does not lawfully deal with the possession of such
article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision
mayor in its medium period shall be imposed upon any laborer,
worker or employee of a licensed firearms dealer who shall
unlawfully take, sell or otherwise dispose of parts of firearms or
ammunition which the company manufactures and sells, and
other materials used by the company in the manufacture or sale
of firearms or ammunition. The buyer or possessor of such
stolen part or material, who is aware that such part or material
was stolen, shall suffer the same penalty as the laborer, worker
or employee.
If the violation or offense is committed by a corporation,
partnership, association or other juridical entity, the penalty
provided for in this section shall be imposed upon the directors,
officers, employees or other officials or persons therein who
knowingly and willingly participated in the unlawful act.
Section 33. Arms Smuggling. – The penalty of reclusion
perpetua shall be imposed upon any person who shall engage
or participate in arms smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of Firearms
Identification. – The penalty of prision correccional to prision
mayor in its minimum period shall be imposed upon any person
who shall tamper, obliterate or alter without authority the barrel,
slide, frame, receiver, cylinder, or bolt assembly, including the
name of the maker, model, or serial number of any firearm, or
who shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual or
peculiar identifying characteristics essential in forensic
examination of a firearm or light weapon.
The PNP shall place this information, including its individual or
peculiar identifying characteristics into the database of
integrated firearms identification system of the PNP Crime
Laboratory for future use and identification of a particular
firearm.
Section 35. Use of an Imitation Firearm. – An imitation firearm
used in the commission of a crime shall be considered a real
firearm as defined in this Act and the person who committed the
crime shall be punished in accordance with this
Act: Provided, That injuries caused on the occasion of the
conduct of competitions, sports, games, or any recreation
activities involving imitation firearms shall not be punishable
under this Act.
Section 36. In Custodia Legis. – During the pendency of any
case filed in violation of this Act, seized firearm, ammunition, or
parts thereof, machinery, tools or instruments shall remain in
the custody of the court. If the court decides that it has no
adequate means to safely keep the same, the court shall issue
an order to turn over to the PNP Crime Laboratory such firearm,
ammunition, or parts thereof, machinery, tools or instruments in
its custody during the pendency of the case and to produce the
same to the court when so ordered. No bond shall be admitted
for the release of the firearm, ammunition or parts thereof,
machinery, tool or instrument. Any violation of this paragraph
shall be punishable by prision mayor in its minimum period
to prision mayor in its medium period.
Section 37. Confiscation and Forfeiture. – The imposition of
penalty for any violation of this Act shall carry with it the
accessory penalty of confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or instrument in
favor of the government which shall be disposed of in
accordance with law.
Section 38. Liability for Planting Evidence. – The penalty
of prision mayor in its maximum period shall be imposed upon
any person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or covert
act, any firearm, or ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of an innocent
individual for the purpose of implicating or incriminating the
person, or imputing the commission of any violation of the
provisions of this Act to said individual. If the person found
guilty under this paragraph is a public officer or employee, such
person shall suffer the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or
Suspension of License or Permit. – The Chief of the PNP or
his/her authorized representative may revoke, cancel or
suspend a license or permit on the following grounds:
(a) Commission of a crime or offense involving the firearm,
ammunition, of major parts thereof;(b) Conviction of a crime
involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof
through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof
outside of residence or workplace without, the proper permit to
carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof
in prohibited places;
(f) Dismissal for cause from the service in case of government
official and employee;
(g) Commission of any of the acts penalized under Republic Act
No. 9165, otherwise known as the "Comprehensive Dangerous
Drugs Act of 2002″;
(h) Submission of falsified documents or misrepresentation in
the application to obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light
Weapon. – A fine of Ten thousand pesos (P10,000.00) shall be
imposed upon any licensed firearm holder who fails to report to
the FEO of the PNP that the subject firearm has been lost or
stolen within a period of thirty (30) days from the date of
discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be
imposed upon any person holding a valid firearm license who
changes residence or office address other than that indicated in
the license card and fails within a period of thirty (30) days from
said transfer to notify the FEO of the PNP of such change of
address.
Section 41. Illegal Transfer/Registration of Firearms. – It shall
be unlawful to transfer possession of any firearm to any person
who has not yet obtained or secured the necessary license or
permit thereof.
The penalty of prision correccional shall be imposed upon any
person who shall violate the provision of the preceding
paragraph. In addition, he/she shall be disqualified to apply for
a license to possess other firearms and all his/her existing
firearms licenses whether for purposes of commerce or
possession, shall be revoked. If government-issued firearms,
ammunition or major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by any law enforcement
agent or public officer to private individuals, the penalty
of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate
the registration of a firearm through fraud, deceit,
misrepresentation or submission of falsified documents shall
suffer the penalty of prision correccional.
BATAS PAMBANSA BLG. 22 PENALIZING THE MAKING OR
DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES.
Section 1. Checks without sufficient funds. - Any person who
makes or draws and issues any check to apply on account or
for value, knowing at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored
for the same reason had not the drawer, without any valid
reason, ordered the bank to stop payment, shall be punished by
imprisonment of not less than thirty days but not more than one
(1) year or by a fine of not less than but not more than double
the amount of the check which fine shall in no case exceed Two
Hundred Thousand Pesos, or both such fine and imprisonment
at the discretion of the court.
The same penalty shall be imposed upon any person who,
having sufficient funds in or credit with the drawee bank when
he makes or draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to cover the full amount
of the check if presented within a period of ninety (90) days
from the date appearing thereon, for which reason it is
dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity,
the person or persons who actually signed the check in behalf
of such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The
making, drawing and issuance of a check payment of which is
refused by the drawee because of insufficient funds in or credit
with such bank, when presented within ninety (90) days from
the date of the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit unless such
maker or drawer pays the holder thereof the amount due
thereon, or makes arrangements for payment in full by the
drawee of such check within (5) banking days after receiving
notice that such check has not been paid by the drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the
duty of the drawee of any check, when refusing to pay the
same to the holder thereof upon presentment, to cause to be
written, printed, or stamped in plain language thereon, or
attached thereto, the reason for drawee's dishonor or refusal to
pay the same: Provided, That where there are no sufficient
funds in or credit with such drawee bank, such fact shall always
be explicitly stated in the notice of dishonor or refusal. In all
prosecutions under this Act, the introduction in evidence of any
unpaid and dishonored check, having the drawee's refusal to
pay stamped or written thereon or attached thereto, with the
reason therefor as aforesaid, shall be prima facie evidence of
the making or issuance of said check, and the due presentment
to the drawee for payment and the dishonor thereof, and that
the same was properly dishonored for the reason written,
stamped or attached by the drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the
drawee shall state in the notice that there were no sufficient
funds in or credit with such bank for the payment in full of such
check, if such be the fact.
Section 4. Credit construed. - The word "credit" as used herein
shall be construed to mean an arrangement or understanding
with the bank for the payment of such check.
Section 5. Liability under the Revised Penal Code. -
Prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code.
ADMINISTRATIVE CIRCULAR NO. 12-2000 February 21,
RE : PENALTY FOR VIOLATION OF B.P. BLG. 22
Section 1 of B.P. Blg. 22 (An Act Penalizing the Making or
Drawing and Issuance of a Check Without Sufficient Funds for
Credit and for Other Purposes) imposes the penalty of
imprisonment of not less than thirty (30) days but not more than
one (1) year or a fine of not less than but not more than double
the amount of the check, which fine shall in no case exceed
P200,000, or both such fine and imprisonment at the discretion
of the court.
In its decision in Eduardo Vaca, v. Court of Appeals (G.R. No.
131714, 16 November 1998; 298 SCRA 656, 664) the Supreme
Court (Second Division) per Mr. Justice V. Mendoza, modified
the sentence imposed for violation of B.P. Blg. 22 by deleting
the penalty of imprisonment and imposing only the penalty of
fine in an amount double the amount of the check. In
justification thereof, the Court said:
Petitioners are first-time offenders. They are Filipino
entrepreneurs who presumably contribute to the national
economy. Apparently, they brought this appeal, believing in all
good faith, although mistakenly that they had not committed a
violation of B.P. Blg. 22. Otherwise, they could simply have
accepted the judgment of the trial court and applied for
probation to evade a prison term. It would best serve the ends
of criminal justice if in fixing the penalty within the range of
discretion allowed by Section 1, par. 1, the same philosophy
underlying the Indeterminate Sentence Law is observed,
namely, that of redeeming valuable human material and
preventing unnecessary deprivation f personal liberty and
economic usefulness with due regard to the protection of the
social order. In this case, we believe that a fine in an amount
equal to double the amount of the check involved is an
appropriate penalty to impose on each of the petitioners In the
recent case of Rosa Lim v. People of the Philippines (G. R. No.
130038, 18 September 2000), the Supreme Court en banc,
applying Vaca also deleted the penalty of imprisonment and
sentenced the drawer of the bounced check to the maximum of
the fine allowed by B.P. Blg. 22, i.e., P200,000, and concluded
that “such would best serve the ends of criminal justice.”
All courts and judges concerned should henceforth take note of
the foregoing policy of the Supreme Court on the matter of the
imposition of penalties for violations of B.P. Blg. 22. The Court
Administrator shall cause the immediate dissemination of this
Administrative Circular to all courts and judges concerned.
ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14,
TO : ALL JUDGES
SUBJECT : CLARIFICATION OF ADMINISTRATIVE
CIRCULAR NO. 12-2000 ON THE PENALTY FOR VIOLATION
OF BATAS PAMBANSA BLG. 22, OTHERWISE KNOWN AS
THE BOUNCING CHECK LAW.
Clarification has been sought by concerned Judges and other
parties regarding the operation of Administrative Circular 12-
2000 issued on 21 November 2000. In particular, queries have
been made regarding the authority of Judges to:
1. Impose the penalty of imprisonment for violations of Batas
Pambansa Blg. 22; and
2. Impose subsidiary imprisonment in the event that the
accused who is found guilty of violating the provisions of B.P.
Blg. 22, is unable to pay the fine which he is sentenced to pay
considering that Administrative Circular No. 12-2000 adopted
the rulings in Eduardo Vaca v. Court of Appeals (G.R. No.
131714, 16 November 1998, 298 SCRA 656) and Rosa Lim v.
People of the Philippines (G.R. No. 130038, 18 September
2000) as a policy of the Supreme Court on the matter of the
imposition of penalties for violations of B.P. Blg. 22, without
mentioning whether subsidiary imprisonment could be resorted
to in case of the accused's inability to pay the fine.
The clear tenor and intention of Administrative Circular No. 12-
2000 is not to remove imprisonment as an alternative penalty,
but to lay down a rule of preference in the application of the
penalties provided for in B.P. Blg. 22.
The pursuit of this purpose clearly does not foreclose the
possibility of imprisonment for violations of B.P. Blg. 22. Neither
does it defeat the legislative intent behind the law.
Thus, Administrative Circular No. 12-2000 establishes a rule of
preference in the application of the penal provisions of B.P. Blg.
22 such that where the circumstances of both the offense and
the offender clearly indicate good faith or a clear mistake of fact
without taint of negligence, the imposition of a fine alone should
be considered as the more appropriate penalty. Needless to
say, the determination of whether the circumstances warrant
the imposition of a fine alone rests solely upon the Judge.
Should the Judge decide that imprisonment is the more
appropriate penalty, Administrative Circular No. 12-2000 ought
not be deemed a hindrance.
It is, therefore, understood that:
1. Administrative Circular 12-2000 does not remove
imprisonment as an alternative penalty for violations of B.P.
Blg. 22;
2. The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the imposition
of a fine alone would best serve the interests of justice or
whether forbearing to impose imprisonment would depreciate
the seriousness of the offense, work violence on the social
order, or otherwise be contrary to the imperatives of justice;
3. Should only a fine be imposed and the accused be unable to
pay the fine, there is no legal obstacle to the application of
the Revised Penal Code provisions on subsidiary
imprisonment.
The issuance of this Administrative Circular was authorized by
the Court En Banc in A.M. No. 00-11-01-SC at its session of 13
February 2001.
The Clerk of Court of the Supreme Court and the Court
Administrator shall immediately cause the implementation of
this Administrative Circular.
AN ACT DEFINING THE CRIME OF MONEY LAUNDERING,
PROVIDING PENALTIES THEREFOR AND FOR OTHER
PURPOSES: SECTION 1. Short Title. – This Act shall be
known as the "Anti-Money Laundering Act of 2001."
SEC. 2. Declaration of Policy. – It is hereby declared the policy
of the State to protect and preserve the integrity and
confidentiality of bank accounts and to ensure that the
Philippines shall not be used as a money laundering site for the
proceeds of any unlawful activity. Consistent with its foreign
policy, the State shall extend cooperation in transnational
investigations and prosecutions of persons involved in money
laundering activities wherever committed.
SEC. 3. Definitions. – For purposes of this Act, the following
terms are hereby defined as follows:
(a) "Covered institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other
institutions and their subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng Pilipinas (BSP);
(2) insurance companies and all other institutions supervised or
regulated by the Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen, investment houses
and other similar entities managing securities or rendering
services as investment agent, advisor, or consultant, (ii) mutual
funds, close-end investment companies, common trust funds,
pre-need companies and other similar entities, (iii) foreign
exchange corporations, money changers, money payment,
remittance, and transfer companies and other similar entities,
and (iv) other entities administering or otherwise dealing in
currency, commodities or financial derivatives based thereon,
valuable objects, cash substitutes and other similar monetary
instruments or property supervised or regulated by Securities
and Exchange Commission and Exchange Commission
(b) "Covered transaction" is a single, series, or combination of
transactions involving a total amount in excess of Four million
Philippine pesos (Php4,000,000.00) or an equivalent amount in
foreign currency based on the prevailing exchange rate within
five (5) consecutive banking days except those between a
covered institution and a person who, at the time of the
transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the
client; or those with an underlying legal or trade obligation,
purpose, origin or economic justification.
It likewise refers to a single, series or combination or pattern of
unusually large and complex transactions in excess of Four
million Philippine pesos (Php4,000,000.00) especially cash
deposits and investments having no credible purpose or origin,
underlying trade obligation or contract.
(c) "Monetary instrument" refers to:
(1) coins or currency of legal tender of the Philippines, or of any
other country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial
papers, deposit certificates, trust certificates, custodial receipts
or deposit substitute instruments, trading orders, transaction
tickets and confirmations of sale or investments and money
market instruments; and
(4) other similar instruments where title thereto passes to
another by endorsement, assignment or delivery.
(d) "Offender" refers to any person who commits a money
laundering offense.
(e) "Person" refers to any natural or juridical person.
(f) "Proceeds" refers to an amount derived or realized from an
unlawful activity.
(g) "Supervising Authority" refers to the appropriate supervisory
or regulatory agency, department or office supervising or
regulating the covered institutions enumerated in Section 3(a).
(h) "Transaction" refers to any act establishing any right or
obligation or giving rise to any contractual or legal relationship
between the parties thereto. It also includes any movement of
funds by any means with a covered institution.
(i) "Unlawful activity" refers to any act or omission or series or
combination thereof involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815,
otherwise known as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act
No. 6425, as amended, otherwise known as the Dangerous
Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act
No. 3019, as amended; otherwise known as the Anti-Graft and
Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299,
300, 301 and 302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under
Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as
amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code,
as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as
amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known
as the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No.
6235; destructive arson and murder, as defined under the
Revised Penal Code, as amended, including those perpetrated
by terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic
Act No. 8799, otherwise known as the Securities Regulation
Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable
under the penal laws of other countries.
SEC. 4. Money Laundering Offense. – Money laundering is a
crime whereby the proceeds of an unlawful activity are
transacted, thereby making them appear to have originated
from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or
property represents, involves, or relates to, the proceeds of any
unlawful activity, transacts or attempts to transact said
monetary instrument or property.
(b) Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in
paragraph (a) above.
(c) Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and filed with
the Anti-Money Laundering Council (AMLC), fails to do so.
SEC. 5. Jurisdiction of Money Laundering Cases. – The
regional trial courts shall have jurisdiction to try all cases on
money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers
shall be under the jurisdiction of the Sandiganbayan.
SEC. 6. Prosecution of Money Laundering. –
(a) Any person may be charged with and convicted of both the
offense of money laundering and the unlawful activity as herein
defined.
(b) Any proceeding relating to the unlawful activity shall be
given precedence over the prosecution of any offense or
violation under this Act without prejudice to the freezing and
other remedies provided.
SEC. 14. Penal Provisions. – (a) Penalties for the Crime of
Money Laundering. The penalty of imprisonment ranging from
seven (7) to fourteen (14) years and a fine of not less than
Three million Philippine pesos (Php 3,000,000.00) but not more
than twice the value of the monetary instrument or property
involved in the offense, shall be imposed upon a person
convicted under Section 4(a) of this Act.
The penalty of imprisonment from four (4) to seven (7) years
and a fine of not less than One million five hundred thousand
Philippine pesos (Php1,500,000.00) but not more than Three
million Philippine pesos (Php3,000,000.00), shall be imposed
upon a person convicted under Section 4(b) of this Act.
The penalty of imprisonment from six (6) months to four (4)
years or a fine of not less than One hundred thousand
Philippine pesos (Php100,000.00) but not more than Five
hundred thousand Philippine pesos (Php500,000.00), or both,
shall be imposed on a person convicted under Section 4(c) of
this Act.
(b) Penalties for Failure to Keep Records. The penalty of
imprisonment from six (6) months to one (1) year or a fine of
not less than One hundred thousand Philippine pesos
(Php100,000.00) but not more than Five hundred thousand
Philippine pesos (Php500,000.00), or both, shall be imposed on
a person convicted under Section 9(b) of this Act.
(c) Malicious Reporting. Any person who, with malice, or in bad
faith, reports or files a completely unwarranted or false
information relative to money laundering transaction against
any person shall be subject to a penalty of six (6) months to
four (4) years imprisonment and a fine of not less than One
hundred thousand Philippine pesos (Php100, 000.00) but not
more than Five hundred thousand Philippine pesos (Php500,
000.00), at the discretion of the court: Provided, That the
offender is not entitled to avail the benefits of the Probation
Law.
If the offender is a corporation, association, partnership or any
juridical person, the penalty shall be imposed upon the
responsible officers, as the case may be, who participated in
the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission. If the offender is a
juridical person, the court may suspend or revoke its license. If
the offender is an alien, he shall, in addition to the penalties
herein prescribed, be deported without further proceedings after
serving the penalties herein prescribed. If the offender is a
public official or employee, he shall, in addition to the penalties
prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.
Any public official or employee who is called upon to testify and
refuses to do the same or purposely fails to testify shall suffer
the same penalties prescribed herein.
(d) Breach of Confidentiality. The punishment of imprisonment
ranging from three (3) to eight (8) years and a fine of not less
than Five hundred thousand Philippine pesos (Php500,000.00)
but not more than One million Philippine pesos
(Php1,000,000.00), shall be imposed on a person convicted for
a violation under Section 9(c).
REPUBLIC ACT 9105 April 14, 2001
AN ACT DEFINING THE CRIME OF ART FORGERY,
PROVIDING PENALTIES, AND INSTITUTIONALIZING THE
MECHANISM FOR ART AUTHENTICATION,
APPROPRIATING FUNDS
Section 1. Short Title - This act shall be known as the "Art
Forgery Act of 2001."
Section 2. Declaration of Policy - It is hereby declared the policy
of the State to protect, conserve, develop and promote the
nation's cultural heritage, artistic creations and resources.
Section 3. Definition of Terms - For purposes of this Act, the
following terms or phrases used herein shall mean or be
understood as follows:
(a) Art forgery is committed by any person or entity who
commits any of the following acts:
(1) Affixing or causing to appear a usurped or forged signature
or sign on any work of fine art;
(2) Counterfeiting or imitating any original signature or sign,
with the intent to deceive the public or the buyer as to the
authorship of a work of art;
(3) Selling or circulating any work of fine art bearing forged or
usurped signatures or signs; and
(4) Imitating or reproducing any work of fine art with intent to
deceive the public or the buyer as to the authenticity of the
work.
(b) Work of fine art refers to all original works of art like
paintings, sculpture, drawings and artwork produced in
multiples such as graphic and photographic works and
sculpture casts, but shall not include works intended to be
mass-produced for commercial use; and
(c) Art dealer refers to any person or entity who sells or
otherwise deals in works of fine art for profit or gain, such as art
galleries, art brokers and agents.
Section 4. Art Authentication Panel; Creation and Composition -
There is hereby created a panel to be known as the Art
Authentication Panel to replace and assume the power and
functions of the panel of experts for fine arts provided for in
R.A. No. 4846, as amended by P.D. 374. The Panel shall be
composed by three (3) members who shall be chosen and
appointed by the National Museum Board of Trustees from a
list submitted by the Search Committee created under Section
8 of this Act.
Section 11. Penalties - Any person who commits any of the acts
enumerated in Section 3(a) of this Act shall be punished with
imprisonment of not less than six (6) years and one (1) day but
not more than twelve (12) years, and a fine not less than Fifty
Thousand pesos (P 50,000.00) but not more than Five Hundred
Thousand pesos (P 500,000.00).
If the acts are committed by a corporation, partnership or any
kind of judicial entity, the penalty provided herein shall be
imposed on its chief executive and/or other officials responsible
therefor.
If the acts are committed by the art dealers or the owners or
operators of art galleries, they shall suffer, in addition to the
penalties provided herein, the automatic revocation of their
license to operate.
Republic Act No. 7080 July 12, 1991 ACT DEFINING
AND PENALIZING THE CRIME OF PLUNDER
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled::
Section 1. Definition of Terms - As used in this Act, the term -
a) Public Officer means any person holding any public office in
the Government of the Republic of the Philippines by virtue of
an appointment, election or contract.
b) Government includes the National Government, and any of
its subdivisions, agencies or instrumentalities, including
government-owned or -controlled corporations and their
subsidiaries.
c) Person includes any natural or juridical person, unless the
cntext indicates otherwise.
d) Ill-gotten wealth means any asset, property, business
enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates
and/or business associates by any combination or series of the
following means or similar schemes:
1) Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any other form of pecuniary
benefit from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of
assets belonging to the National Government or any of its
subdivisions, agencies or instrumentalities or government-
owned or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any
shares of stock, equity or any other form of interest or
participation including promise of future employment in any
business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or
special interests; or
6) By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich himself
or themselves at the expense and to the damage and prejudice
of the Filipino people and the Republic of the Philippines.
See Section 2 As amended by Section 12 of RA No.7659
Section 2. Definition of the Crime of Plunder; Penalties - Any
public officer who, by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination
or series of overt or criminal acts as described in Section 1(d)
hereof, in the aggregate amount or total value of at least
Seventy-five million pesos (P75,000,000.00), shall be guilty of
the crime of plunder and shall be punished by life imprisonment
with perpetual absolute disqualification from holding any public
office. Any person who participated with said public officer in
the commission of plunder shall likewise be punished. In the
imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances shall
be considered by the court. The court shall declare any and all
ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stock derived
from the deposit or investment thereof forfeited in favor of the
State.
Section 3. Competent Court - Until otherwise provided by law,
all prosecutions under this Act shall be within the original
jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing the
crime of plunder, it shall not be necessary to prove each and
every criminal act done by the accused in furtherance of the
scheme or conspiracy to amass, accumulate or acquire ill-
gotten wealth, it being sufficient to establish beyond reasonable
doubt a pattern of overt or criminal acts indicative of the overall
unlawful scheme or conspiracy.
Section 5. Suspension and Loss of Benefits - Any public officer
against whom any criminal prosecution under a valid
information under this Act in whatever stage of execution and
mode of participation, is pending in court, shall be suspended
from office. Should he be convicted by final judgment, he shall
lose all retirement or gratuity benefits under any law, but if he is
acquitted, he shall be entitled to reinstatement and to the
salaries and other benefits which he failed to receive during
suspension, unless in the meantime, administrative
proceedings have been filed against him.
Section 6. Prescription of Crimes - The crime punishable under
this Act shall prescribe in twenty (20) years. However, the right
of the State to recover properties unlawfully acquired by public
officers from them or from their nominees or transferees shall
not be barred by prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of this
Act or the application thereof to any person or circumstance is
held invalid, the remaining provisions of this Act and the
application of such provisions to other persons or
circumstances shall not be affected thereby.
REPUBLIC ACT No. 3019 ANTI-GRAFT AND CORRUPT
Section 1. Statement of policy. It is the policy of the Philippine
Government, in line with the principle that a public office is a
public trust, to repress certain acts of public officers and private
persons alike which constitute graft or corrupt practices or
which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local
governments, the government-owned and government-
controlled corporations, and all other instrumentalities or
agencies of the Republic of the Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and
employees, permanent or temporary, whether in the classified
or unclassified or exempt service receiving compensation, even
nominal, from the government as defined in the preceding
subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or
indirectly a gift from a person other than a member of the public
officer's immediate family, in behalf of himself or of any member
of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the
gift is under the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the
context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts
or omissions of public officers already penalized by existing
law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and regulations
duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing
himself to be persuaded, induced, or influenced to commit such
violation or offense.
(b) Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for any
other person, in connection with any contract or transaction
between the Government and any other part, wherein the public
officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present
or other pecuniary or material benefit, for himself or for another,
from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help
given or to be given, without prejudice to Section thirteen of this
Act.
(d) Accepting or having any member of his family accept
employment in a private enterprise which has pending official
business with him during the pendency thereof or within one
year after its termination.
(e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or
permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining, directly
or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or for the purpose
of favoring his own interest or giving undue advantage in favor
of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the
same, whether or not the public officer profited or will profit
thereby.
(h) Director or indirectly having financing or pecuniary interest
in any business, contract or transaction in connection with
which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from
having any interest.
(i) Directly or indirectly becoming interested, for personal gain,
or having a material interest in any transaction or act requiring
the approval of a board, panel or group of which he is a
member, and which exercises discretion in such approval, even
if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those
public officers responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit,
privilege or benefit in favor of any person not qualified for or not
legally entitled to such license, permit, privilege or advantage,
or of a mere representative or dummy of one who is not so
qualified or entitled.
(k) Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official
position to unauthorized persons, or releasing such information
in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit
referred to in subparagraphs (b) and (c); or offering or giving to
the public officer the employment mentioned in subparagraph
(d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this
section shall, together with the offending public officer, be
punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the
Court, from transacting business in any form with the
Government.
Section 4. Prohibition on private individuals. (a) It shall be
unlawful for any person having family or close personal relation
with any public official to capitalize or exploit or take advantage
of such family or close personal relation by directly or indirectly
requesting or receiving any present, gift or material or
pecuniary advantage from any other person having some
business, transaction, application, request or contract with the
government, in which such public official has to intervene.
Family relation shall include the spouse or relatives by
consanguinity or affinity in the third civil degree. The word
"close personal relation" shall include close personal friendship,
social and fraternal connections, and professional employment
all giving rise to intimacy which assures free access to such
public officer.
(b) It shall be unlawful for any person knowingly to induce or
cause any public official to commit any of the offenses defined
in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful
for the spouse or for any relative, by consanguinity or affinity,
within the third civil degree, of the President of the Philippines,
the Vice-President of the Philippines, the President of the
Senate, or the Speaker of the House of Representatives, to
intervene, directly or indirectly, in any business, transaction,
contract or application with the Government: Provided, That this
section shall not apply to any person who, prior to the
assumption of office of any of the above officials to whom he is
related, has been already dealing with the Government along
the same line of business, nor to any transaction, contract or
application already existing or pending at the time of such
assumption of public office, nor to any application filed by him
the approval of which is not discretionary on the part of the
official or officials concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued
pursuant to law, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be
unlawful hereafter for any Member of the Congress during the
term for which he has been elected, to acquire or receive any
personal pecuniary interest in any specific business enterprise
which will be directly and particularly favored or benefited by
any law or resolution authored by him previously approved or
adopted by the Congress during the same term.
The provision of this section shall apply to any other public
officer who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, and acquires or
receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or
other public officer, who, having such interest prior to the
approval of such law or resolution authored or recommended
by him, continues for thirty days after such approval to retain
such interest.
Section 7. Statement of assets and liabilities. Every public
officer, within thirty days after the approval of this Act or after
assuming office, and within the month of January of every other
year thereafter, as well as upon the expiration of his term of
office, or upon his resignation or separation from office, shall
prepare and file with the office of the corresponding Department
Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the
case of members of the Congress and the officials and
employees thereof, with the Office of the Secretary of the
corresponding House, a true detailed and sworn statement of
assets and liabilities, including a statement of the amounts and
sources of his income, the amounts of his personal and family
expenses and the amount of income taxes paid for the next
preceding calendar year: Provided, That public officers
assuming office less than two months before the end of the
calendar year, may file their statements in the following months
of January.
Section 8. Dismissal due to unexplained wealth. If in
accordance with the provisions of Republic Act Numbered One
thousand three hundred seventy-nine, a public official has been
found to have acquired during his incumbency, whether in his
name or in the name of other persons, an amount of property
and/or money manifestly out of proportion to his salary and to
his other lawful income, that fact shall be a ground for dismissal
or removal. Properties in the name of the spouse and
unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means
cannot be satisfactorily shown. Bank deposits shall be taken
into consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or
private person committing any of the unlawful acts or omissions
enumerated in Sections 3, 4, 5 and 6 of this Act shall be
punished with imprisonment for not less than one year nor more
than ten years, perpetual disqualification from public office, and
confiscation or forfeiture in favor of the Government of any
prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal
prosecution was initiated shall, in case of conviction of the
accused, be entitled to recover in the criminal action with
priority over the forfeiture in favor of the Government, the
amount of money or the thing he may have given to the
accused, or the value of such thing.
b) Any public officer violation any of the provisions of Section 7
of this Act shall be punished by a fine of not less than one
hundred pesos nor more than one thousand pesos, or by
imprisonment not exceeding one year, or by both such fine and
imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative
proceeding shall be sufficient cause for removal or dismissal of
a public officer, even if no criminal prosecution is instituted
against him.
Section 10. Competent court. Until otherwise provided by law,
all prosecutions under this Act shall be within the original
jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable
under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be
allowed to resign or retire pending an investigation, criminal or
administrative, or pending a prosecution against him, for any
offense under this Act or under the provisions of the Revised
Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer
against whom any criminal prosecution under a valid
information under this Act or under the provisions of the
Revised Penal Code on bribery is pending in court, shall be
suspended from office. Should he be convicted by final
judgment, he shall lose all retirement or gratuity benefits under
any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits which he failed to
receive during suspension, unless in the meantime
administrative proceedings have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or usage,
shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit
the practice of any profession, lawful trade or occupation by any
private person or by any public officer who under the law may
legitimately practice his profession, trade or occupation, during
his incumbency, except where the practice of such profession,
trade or occupation involves conspiracy with any other person
or public official to commit any of the violations penalized in this
Act.

Republic Act No. 6713 February 20, 1989
AN ACT ESTABLISHING A CODE OF CONDUCT AND
ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST,
GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS AND
TRANSACTIONS AND PROVIDING PENALTIES FOR
VIOLATIONS
Section 1. Title. - This Act shall be known as the "Code of
Conduct and Ethical Standards for Public Officials and
Employees."
Section 2. Declaration of Policies. - It is the policy of the State
to promote a high standard of ethics in public service. Public
officials and employees shall at all times be accountable to the
people and shall discharge their duties with utmost
responsibility, integrity, competence, and loyalty, act with
patriotism and justice, lead modest lives, and uphold public
interest over personal interest.
Section 3. Definition of Terms. - As used in this Act, the term:
(a) "Government" includes the National Government, the local
governments, and all other instrumentalities, agencies or
branches of the Republic of the Philippines including
government-owned or controlled corporations, and their
subsidiaries.lawphi1.net
(b) "Public Officials" includes elective and appointive officials
and employees, permanent or temporary, whether in the career
or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of
amount.
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or
any act or liberality, in favor of another who accepts it, and shall
include a simulated sale or an ostensibly onerous disposition
thereof. It shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange
for, a favor from a public official or employee.
(d) "Receiving any gift" includes the act of accepting directly or
indirectly, a gift from a person other than a member of his family
or relative as defined in this Act, even on the occasion of a
family celebration or national festivity like Christmas, if the
value of the gift is neither nominal nor insignificant, or the gift is
given in anticipation of, or in exchange for, a favor.
(e) "Loan" covers both simple loan and commodatum as well as
guarantees, financing arrangements or accommodations
intended to ensure its approval.
(f) "Substantial stockholder" means any person who owns,
directly or indirectly, shares of stock sufficient to elect a director
of a corporation. This term shall also apply to the parties to a
voting trust.
(g) "Family of public officials or employees" means their
spouses and unmarried children under eighteen (18) years of
age.
(h) "Person" includes natural and juridical persons unless the
context indicates otherwise.
(i) "Conflict of interest" arises when a public official or employee
is a member of a board, an officer, or a substantial stockholder
of a private corporation or owner or has a substantial interest in
a business, and the interest of such corporation or business, or
his rights or duties therein, may be opposed to or affected by
the faithful performance of official duty.
(j) "Divestment" is the transfer of title or disposal of interest in
property by voluntarily, completely and actually depriving or
dispossessing oneself of his right or title to it in favor of a
person or persons other than his spouse and relatives as
defined in this Act.
(k) "Relatives" refers to any and all persons related to a public
official or employee within the fourth civil degree of
consanguinity or affinity, including bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and
Employees. - (A) Every public official and employee shall
observe the following as standards of personal conduct in the
discharge and execution of official duties:
(a) Commitment to public interest. - Public officials and
employees shall always uphold the public interest over and
above personal interest. All government resources and powers
of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to
avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall
perform and discharge their duties with the highest degree of
excellence, professionalism, intelligence and skill. They shall
enter public service with utmost devotion and dedication to
duty. They shall endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of undue patronage.
(c) Justness and sincerity. - Public officials and employees shall
remain true to the people at all times. They must act with
justness and sincerity and shall not discriminate against
anyone, especially the poor and the underprivileged. They shall
at all times respect the rights of others, and shall refrain from
doing acts contrary to law, good morals, good customs, public
policy, public order, public safety and public interest. They shall
not dispense or extend undue favors on account of their office
to their relatives whether by consanguinity or affinity except with
respect to appointments of such relatives to positions
considered strictly confidential or as members of their personal
staff whose terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall
provide service to everyone without unfair discrimination and
regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and
employees shall extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or when
required by the public interest, public officials and employees
shall provide information of their policies and procedures in
clear and understandable language, ensure openness of
information, public consultations and hearings whenever
appropriate, encourage suggestions, simplify and systematize
policy, rules and procedures, avoid red tape and develop an
understanding and appreciation of the socio-economic
conditions prevailing in the country, especially in the depressed
rural and urban areas.
(f) Nationalism and patriotism. - Public officials and employees
shall at all times be loyal to the Republic and to the Filipino
people, promote the use of locally produced goods, resources
and technology and encourage appreciation and pride of
country and people. They shall endeavor to maintain and
defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public officials and employees
shall commit themselves to the democratic way of life and
values, maintain the principle of public accountability, and
manifest by deeds the supremacy of civilian authority over the
military. They shall at all times uphold the Constitution and put
loyalty to country above loyalty to persons or party.
(h) Simple living. - Public officials and employees and their
families shall lead modest lives appropriate to their positions
and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form..
Section 7. Prohibited Acts and Transactions. - In addition to
acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the following
shall constitute prohibited acts and transactions of any public
official and employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials and
employees shall not, directly or indirectly, have any financial or
material interest in any transaction requiring the approval of
their office.
(b) Outside employment and other activities related thereto. -
Public officials and employees during their incumbency shall
not:
(1) Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law;
(2) Engage in the private practice of their profession unless
authorized by the Constitution or law, provided, that such
practice will not conflict or tend to conflict with their official
functions; or
(3) Recommend any person to any position in a private
enterprise which has a regular or pending official transaction
with their office.
These prohibitions shall continue to apply for a period of one (1)
year after resignation, retirement, or separation from public
office, except in the case of subparagraph (b) (2) above, but the
professional concerned cannot practice his profession in
connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public
officials and employees shall not use or divulge, confidential or
classified information officially known to them by reason of their
office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to
anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and
employees shall not solicit or accept, directly or indirectly, any
gift, gratuity, favor, entertainment, loan or anything of monetary
value from any person in the course of their official duties or in
connection with any operation being regulated by, or any
transaction which may be affected by the functions of their
office.
As to gifts or grants from foreign governments, the Congress
consents to:
(i) The acceptance and retention by a public official or
employee of a gift of nominal value tendered and received as a
souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in
the nature of a scholarship or fellowship grant or medical
treatment; or
(iii) The acceptance by a public official or employee of travel
grants or expenses for travel taking place entirely outside the
Philippine (such as allowances, transportation, food, and
lodging) of more than nominal value if such acceptance is
appropriate or consistent with the interests of the Philippines,
and permitted by the head of office, branch or agency to which
he belongs.
The Ombudsman shall prescribe such regulations as may be
necessary to carry out the purpose of this subsection, including
pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any
educational, scientific or cultural exchange programs subject to
national security requirements.
Section 8. Statements and Disclosure. - Public officials and
employees have an obligation to accomplish and submit
declarations under oath of, and the public has the right to know,
their assets, liabilities, net worth and financial and business
interests including those of their spouses and of unmarried
children under eighteen (18) years of age living in their
households.
(A) Statements of Assets and Liabilities and Financial
Disclosure. - All public officials and employees, except those
who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of
Assets, Liabilities and Net Worth and a Disclosure of Business
Interests and Financial Connections and those of their spouses
and unmarried children under eighteen (18) years of age living
in their households.
The two documents shall contain information on the following:
(a) real property, its improvements, acquisition costs, assessed
value and current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in
banks, stocks, bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to
file the aforestated documents shall also execute, within thirty
(30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from
all appropriate government agencies, including the Bureau of
Internal Revenue, such documents as may show their assets,
liabilities, net worth, and also their business interests and
financial connections in previous years, including, if possible,
the year when they first assumed any office in the Government.
Husband and wife who are both public officials or employees
may file the required statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the
Disclosure of Business Interests and Financial Connections
shall be filed by:
(1) Constitutional and national elective officials, with the
national office of the Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the
Senate and the House of Representatives, respectively;
Justices, with the Clerk of Court of the Supreme Court; Judges,
with the Court Administrator; and all national executive officials
with the Office of the President.
(3) Regional and local officials and employees, with the Deputy
Ombudsman in their respective regions;
(4) Officers of the armed forces from the rank of colonel or
naval captain, with the Office of the President, and those below
said ranks, with the Deputy Ombudsman in their respective
regions; and
(5) All other public officials and employees, defined in Republic
Act No. 3019, as amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the
duty of every public official or employee to identify and disclose,
to the best of his knowledge and information, his relatives in the
Government in the form, manner and frequency prescribed by
the Civil Service Commission.
(C) Accessibility of documents. - (1) Any and all statements filed
under this Act, shall be made available for inspection at
reasonable hours.
(2) Such statements shall be made available for copying or
reproduction after ten (10) working days from the time they are
filed as required by law.
(3) Any person requesting a copy of a statement shall be
required to pay a reasonable fee to cover the cost of
reproduction and mailing of such statement, as well as the cost
of certification.
(4) Any statement filed under this Act shall be available to the
public for a period of ten (10) years after receipt of the
statement. After such period, the statement may be destroyed
unless needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any person to
obtain or use any statement filed under this Act for:
(a) any purpose contrary to morals or public policy; or
(b) any commercial purpose other than by news and
communications media for dissemination to the general public.
Section 9. Divestment. - A public official or employee shall
avoid conflicts of interest at all times. When a conflict of interest
arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office
and/or divest himself of his shareholdings or interest within sixty
(60) days from such assumption.
The same rule shall apply where the public official or employee
is a partner in a partnership.
The requirement of divestment shall not apply to those who
serve the Government in an honorary capacity nor to laborers
and casual or temporary workers.
Section 11. Penalties. - (a) Any public official or employee,
regardless of whether or not he holds office or employment in a
casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a fine
not exceeding the equivalent of six (6) months' salary or
suspension not exceeding one (1) year, or removal depending
on the gravity of the offense after due notice and hearing by the
appropriate body or agency. If the violation is punishable by a
heavier penalty under another law, he shall be prosecuted
under the latter statute. Violations of Sections 7, 8 or 9 of this
Act shall be punishable with imprisonment not exceeding five
(5) years, or a fine not exceeding five thousand pesos (P5,000),
or both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.
(b) Any violation hereof proven in a proper administrative
proceeding shall be sufficient cause for removal or dismissal of
a public official or employee, even if no criminal prosecution is
instituted against him.
(c) Private individuals who participate in conspiracy as co-
principals, accomplices or accessories, with public officials or
employees, in violation of this Act, shall be subject to the same
penal liabilities as the public officials or employees and shall be
tried jointly with them.
(d) The official or employee concerned may bring an action
against any person who obtains or uses a report for any
purpose prohibited by Section 8 (D) of this Act. The Court in
which such action is brought may assess against such person a
penalty in any amount not to exceed twenty-five thousand
pesos (P25,000). If another sanction hereunder or under any
other law is heavier, the latter shall apply.
Section 12. Promulgation of Rules and Regulations,
Administration and Enforcement of this Act. - The Civil Service
Commission shall have the primary responsibility for the
administration and enforcement of this Act. It shall transmit all
cases for prosecution arising from violations of this Act to the
proper authorities for appropriate action: Provided, however,
That it may institute such administrative actions and disciplinary
measures as may be warranted in accordance with law.
Nothing in this provision shall be construed as a deprivation of
the right of each House of Congress to discipline its Members
for disorderly behavior.
The Civil Service Commission is hereby authorized to
promulgate rules and regulations necessary to carry out the
provisions of this Act, including guidelines for individuals who
render free voluntary service to the Government. The
Ombudsman shall likewise take steps to protect citizens who
denounce acts or omissions of public officials and employees
which are in violation of this Act.
Section 13. Provisions for More Stringent Standards. - Nothing
in this Act shall be construed to derogate from any law, or any
regulation prescribed by any body or agency, which provides
for more stringent standards for its official and employees.
PRESIDENTIAL DECREE No. 46 November 10, 1972
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND
EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS
TO GIVE, GIFTS ON ANY OCCASION, INCLUDING
CHRISTMAS
WHEREAS, under existing laws and the civil service rules, it is
prohibited to receive, directly or indirectly, any gift, present or
any other form of benefit in the course of official duties;
WHEREAS, it is believed necessary to put more teeth to
existing laws and regulations to wipe out all conceivable forms
of graft and corruption in the public service, the members of
which should not only be honest but above suspicion and
reproach; and
WHEREAS, the stoppage of the practice of gift-giving to
government men is a concrete step in the administration's
program of reforms for the development of new moral values in
the social structure of the country, one of the main objectives of
the New Society; make it punishable for any public official or
employee, whether of the national or local governments, to
receive, directly or indirectly, and for private persons to give, or
offer to give, any gift, present or other valuable thing to any
occasion, including Christmas, when such gift, present or other
valuable thing is given by reason of his official position,
regardless of whether or not the same is for past favor or favors
or the giver hopes or expects to receive a favor or better
treatment in the future from the public official or employee
concerned in the discharge of his official functions. Included
within the prohibition is the throwing of parties or
entertainments in honor of the official or employees or his
immediate relatives.
For violation of this Decree, the penalty of imprisonment for not
less than one (1) year nor more than five (5) years and
perpetual disqualification from public office shall be imposed.
The official or employee concerned shall likewise be subject to
administrative disciplinary action and, if found guilty, shall be
meted out the penalty of suspension or removal, depending on
the seriousness of the offense.
REPUBLIC ACT NO. 9439 April 27, 2007 PROHIBITING THE
DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL
CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL
BILLS OR MEDICAL EXPENSES
SECTION 1. It shall be unlawful for any hospital or medical
clinic in the country to detain or to otherwise cause, directly or
indirectly, the detention of patients who have fully or partially
recovered or have been adequately attended to or who may
have died, for reasons of nonpayment in part or in full of
hospital bills or medical expenses.
SEC. 2. Patients who have fully or partially recovered and who
already wish to leave the hospital or medical clinic but are
financially incapable to settle, in part or in full, their
hospitalization expenses, including professional fees and
medicines, shall be allowed to leave the hospital or medical
clinic, with a right to demand the issuance of the corresponding
medical certificate and other pertinent papers required for the
release of the patient from the hospital or medical clinic upon
the execution of a promissory note covering the unpaid
obligation. The promissory note shall be secured by either a
mortgage or by a guarantee of a co-maker, who will be jointly
and severally liable with the patient for the unpaid obligation. In
the case of a deceased patient, the corresponding death
certificate and other documents required for interment and
other purposes shall be released to any of his surviving
relatives requesting for the same: Provided, however, That
patients who stayed in private rooms shall not be covered by
this Act.
SEC. 3. Any officer or employee of the hospital or medical clinic
responsible for releasing patients, who violates the provisions
of this Act shall be punished by a fine of not less than Twenty
thousand pesos (P20,000.00), but not more than Fifty thousand
pesos (P50,000.00), or imprisonment of not less than one
month, but not more than six months, or both such fine and
imprisonment, at the discretion of the proper court.
SEC. 4. The Department of Health shall promulgate the
necessary rules and regulations to carry out the provisions of
this Act.
Republic Act No. 8344 August 25, 1997
AN ACT PENALIZING THE REFUSAL OF HOSPITALS AND
MEDICAL CLINICS TO ADMINISTER APPROPRIATE INITIAL
MEDICAL TREATMENT AND SUPPORT IN EMERGENCY OR
SERIOUS CASES, AMENDING FOR THE PURPOSE BATAS
PAMBANSA BILANG 702, OTHERWISE KNOWN AS "AN ACT
PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE
PAYMENTS FOR THE CONFINEMENT OR TREATMENT OF
PATIENTS IN HOSPITALS AND MEDICAL CLINICS IN
CERTAIN CASES"
Section 1. Section 1 of Batas Pambansa Bilang 702 is hereby
amended to read as follows:
"SECTION 1. In emergency or serious cases, it shall be
unlawful for any proprietor, president, director, manager or any
other officer, and/or medical practitioner or employee of a
hospital or medical clinic to request, solicit, demand or accept
any deposit or any other form of advance payment as a
prerequisite for confinement or medical treatment of a patient in
such hospital or medical clinic or to refuse to administer
medical treatment and support as dictated by good practice of
medicine to prevent death or permanent disability: Provided,
That by reason of inadequacy of the medical capabilities of the
hospital or medical clinic, the attending physician may transfer
the patient to a facility where the appropriate care can be given,
after the patient or his next of kin consents to said transfer and
after the receiving hospital or medical clinic agrees to the
transfer: Provided, however, That when the patient is
unconscious, incapable of giving consent and/or
unaccompanied, the physician can transfer the patient even
without his consent: Provided, further, That such transfer shall
be done only after necessary emergency treatment and support
have been administered to stabilize the patient and after it has
been established that such transfer entails less risks than the
patient's continued confinement: Provided, furthermore, That no
hospital or clinic, after being informed of the medical indications
for such transfer, shall refuse to receive the patient nor demand
from the patient or his next of kin any deposit or advance
payment: Provided, finally, That strict compliance with the
foregoing procedure on transfer shall not be construed as a
refusal made punishable by this Act."
Section 2. Section 2 of Batas Pambansa Bilang 702 is hereby
deleted and in place thereof, new sections 2, 3 and 4 are
added, to read as follows:
"SEC. 2. For purposes of this Act, the following definitions shall
govern:
"(a) 'Emergency' - a condition or state of a patient wherein
based on the objective findings of a prudent medical officer on
duty for the day there is immediate danger and where delay in
initial support and treatment may cause loss of life or cause
permanent disability to the patient.
"(b) 'Serious case' - refers to a condition of a patient
characterized by gravity or danger wherein based on the
objective findings of a prudent medical officer on duty for the
day when left unattended to, may cause loss of life or cause
permanent disability to the patient.
"(c) 'Confinement' - a state of being admitted in a hospital or
medical clinic for medical observation, diagnosis, testing, and
treatment consistent with the capability and available facilities
of the hospital or clinic.
"(d) 'Hospital' - a facility devoted primarily to the diagnosis,
treatment and care of individuals suffering from illness, disease,
injury or deformity, or in need of obstetrical or other medical
and nursing care. It shall also be construed as any institution,
building or place where there are facilities and personnel for the
continued and prolonged care of patients.
"(e) 'Emergency treatment and support' - any medical or
surgical measure within the capability of the hospital or medical
clinic that is administered by qualified health care professionals
to prevent the death or permanent disability of a patient.
"(f) 'Medical clinic' - a place in which patients can avail of
medical consultation or treatment on an outpatient basis.
"(g) 'Permanent disability' - a condition of physical disability as
defined under Article 192-C and Article 193-B and C of
Presidential Decree No 442; as amended, otherwise known as
the Labor Code of the Philippines.
"(h) 'Stabilize' - the provision of necessary care until such time
that the patient may be discharged or transferred to another
hospital or clinic with a reasonable probability that no physical
deterioration would result from or occur during such discharge
or transfer.
"SEC. 3. After the hospital or medical clinic mentioned above
shall have administered medical treatment and support, it may
cause the transfer of the patient to an appropriate hospital
consistent with the needs of the patient, preferably to a
government hospital, specially in the case of poor or indigent
patients.
"SEC. 4. Any official, medical practitioner or employee of the
hospital or medical clinic who violates the provisions of this Act
shall, upon conviction by final judgment, be punished by
imprisonment of not less than six (6) months and one (1) day
but not more than two (2) years and four (4) months, or a fine of
not less than Twenty thousand pesos (P20,000.00), but not
more than One hundred thousand pesos (P100,000.00) or both,
at the discretion of the court: Provided, however, That if such
violation was committed pursuant to an established policy of the
hospital or clinic or upon instruction of its management, the
director or officer of such hospital or clinic responsible for the
formulation and implementation of such policy shall, upon
conviction by final judgment, suffer imprisonment of four (4) to
six (6) years, or a fine of not less than One hundred thousand
pesos (P100,000.00), but not more than Five hundred thousand
pesos (P500,000.00) or both, at the discretion of the court."
REPUBLIC ACT NO. 10932, August 03, 2017 AN ACT
STRENGTHENING THE ANTI-HOSPITAL DEPOSIT LAW BY
INCREASING THE PENALTIES FOR THE REFUSAL OF
HOSPITALS AND MEDICAL CLINICS TO ADMINISTER
APPROPRIATE INITIAL MEDICAL TREATMENT AND
SUPPORT IN EMERGENCY OR SERIOUS CASES,
AMENDING FOR THE PURPOSE BATAS PAMBANSA
BILANG 702, OTHERWISE KNOWN AS "AN ACT
PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE
PAYMENTS FOR THE CONFINEMENT OR TREATMENT OF
PATIENTS IN HOSPITALS AND MEDICAL CLINICS IN
CERTAIN CASES", AS AMENDED BY REPUBLIC ACT NO.
8344, AND FOR OTHER PURPOSES
SECTION 1. Section 1 of Batas Pambansa Bilang 702, as
amended, is hereby further amended to read as follows:
"SECTION 1. In emergency or serious cases, it shall be
unlawful for any proprietor, president, director, manager or any
other officer, and/or medical practitioner or employee of a
hospital or medical clinic to request, solicit, demand or accept
any deposit or any other form of advance payment as a
prerequisite for administering basic emergency care to any
patient, confinement or medical treatment of a patient in such
hospital or medical clinic or to refuse to administer medical
treatment and support as dictated by good practice of medicine
to prevent death or permanent disability, or in the case of a
pregnant woman, permanent injury or loss of her unborn child,
or noninstitutional delivery: Provided, That by reason of
inadequacy of the medical capabilities of the hospital or medical
clinic, the attending physician may transfer the patient to a
facility where the appropriate care can be given, after the
patient or his next of kin consents to said transfer and after the
receiving hospital or medical clinic agrees to the
transfer: Provided, however, That when the patient is
unconscious, incapable of giving consents and/or
unaccompanied, the physician can transfer the patient even
without his consent: Provided, further, that such transfer shall
be done only after necessary emergency treatment and support
have been administered to stabilize the patient and after it has
been established that such transfer entails less risks than the
patient's continued confinement: Provided, furthermore, That no
hospital or clinic, after being informed of the medical indications
for such transfer, shall refuse to receive the patient nor demand
from the patient or his next of kin any deposit or advance
payment: Provided, finally, That strict compliance with the
foregoing procedure on transfer shall not be construed as a
refusal made punishable by this Act."
SEC. 2. section2 of the same Act, as amended, is hereby
further amended to read as follows:
"SEC. 2. For purposes of this Act, the following definitions shall
given:
"(a) 'Emergency'- a condition or state of a patient wherein
based on the objective findings of a prudent medical officer on
duty for the day there is immediate danger and where delay in
initial support and treatment may cause loss of life or cause
permanent disability to the patient, or in the case of a pregnant
woman, permanent injury or loss of her unborn child, or would
result in a non institutional delivery.
"(b) 'Serious case'- refers to a condition of a patient
characterized by gravity or danger wherein based on the
objective findings of a prudent medical officer on duty for the
day when left unattended to, may cause loss of life or cause
permanent disability to the patient, or in the case of a pregnant
woman, permanent injury or loss of her unborn child.
"(i) 'Basic emergency care'- the response to a situation where
there is urgently required medical care and attention, and shall
include procedures required for initial diagnosis, use of
equipment and supplies in sufficiently addressing the
emergency situation, considering the welfare of the patient. It
also includes the necessary medical procedures and treatment
administered to a woman in active labor to ensure the safe
delivery of the newborn.
"(j) 'Non institutional delivery'-the delivery of a newborn while in
transit, outside of a health facility, after an initial consultation
was done with a health facility."
SEC. 3. Section 3 of the same Act, as amended, is hereby
further amended to read as follows:
"SEC. 3. After the hospital or medical clinic mentioned above
shall have administered medical treatment and support, it may
cause the transfer of the patient to an appropriate hospital
consistent with the needs of the patient, especially in the case
of poor or indigent patients.
"Where there is no ambulance available for use by the hospital
or medical clinic for the emergency transfer of the patient to a
facility where the appropriate care shall be given, the local
government unit (LGU) where the hospital or medical clinic is
located must allow the free use of its emergency vehicle to
transport the patient to the hospital or medical clinic where a
continuation of care shall be given. The hospital or medical
clinic must provide a staff nurse with advanced cardiovascular
life support (ACLS) certification or its equivalent to accompany
the patient in the emergency vehicle.
"All hospitals are required to post at their entrance a notice
indicating the classification level of the hospital as licensed by
the Department of Health (DOH) and the list of medical services
that the hospital is authorized to perform."
SEC. 4. section 4 of the same Act, as amended, is hereby
further amended to read as follows:
"SEC. 4. Any official, medical practitioner or employee of the
hospital or medical clinic who violates the provisions of this Act
shall, upon conviction by final judgment, be punished by
imprisonment of not less than six (6) months and one (1) day
but not more than two (2) years and four (4) months, or a fine of
not less than One hundred thousand pesos (P100,000.00), but
not more than Three hundred thousand pesos (P300,000.00 or
both, at the discretion of the court: Provided, however, That if
such violation was committed pursuant to an established policy
of the hospital or clinic or upon instruction of its management,
the director or officer of such hospital or clinic responsible for
the formulation and implementation of such policy shall, upon
conviction by final judgment, suffer imprisonment of four (4) to
six (6) years, or a fine of not less than Five hundred thousand
pesos (P500,000.00), but not more than One million pesos
(1,000,000.00) or both, at the discretion of the court, without
prejudice to damages that may be awarded to the patient-
complainant: Provided, further, That upon three (3) repeated
violations committed pursuant to an established policy of the
hospital or clinic or upon the instruction of its management, the
health facility's license to operate shall be revoked by the DOH.
The president, chairman, board of directors, or trustees, and
other officers of the health facility shall be solidarily liable for
damages that may be awarded by the court to the patient-
complainant."
"SEC. 5. Presumption of Liability.- In the event of death,
permanent disability, serious impairment of the health condition
of the patient-complainant, or in the case of a pregnant woman,
permanent injury or loss of her unborn child, proceeding from
the denial of his or her admission to a health facility pursuant to
a policy or practice of demanding deposits or advance
payments for confinement or treatment, a presumption of
liability shall arise against the hospital, medical clinic, and the
official, medical practitioner, or employee involved."
-----------
Republic Act No. 8484 February 11, 1998 AN ACT
REGULATING THE ISSUANCE AND USE OF ACCESS
DEVICES, PROHIBITING FRAUDULENT ACTS COMMITTED
RELATIVE THERETO, PROVIDING PENALTIES AND FOR
OTHER PURPOSES
Section 1. Short title. – This Act shall be known as the "Access
Devices Regulation Act of 1998."
Section 2. Declaration of policy. – The State recognizes the
recent advances in technology and the widespread use of
access devices in commercial transactions. Toward this end,
the State shall protect the rights and define the liabilities of
parties in such commercial transactions by regulating the
issuance and use of access devices.
Section 3. Definition of terms. – For purposes of this Act, the
terms:
(a) Access Device – means any card, plate, code, account
number, electronic serial number, personal identification
number, or other telecommunications service, equipment, or
instrumental identifier, or other means of account access that
can be used to obtain money, good, services, or any other thing
of value or to initiate a transfer of funds (other than a transfer
originated solely by paper instrument);
(b) Counterfeit Access Device – means any access device that
is counterfeit, fictitious, altered, or forged, or an identifiable
component of an access device or counterfeit access device;
(c) Unauthorized Access Device – means any access device
that is stolen, lost, expired, revoked, canceled, suspended, or
obtained with intent to defraud;
(d) Access Device Fraudulently Applied for – means any
access device that was applied for or issued on account of the
use of falsified document, false information, fictitious identities
and addresses, or any form of false pretense or
misrepresentation;
(e) Consumer – means a natural person;
(f) Credit Card – means any card, plate, coupon book, or other
credit device existing for the purpose of obtaining money,
goods, property, labor or services or any thing of value on
credit;
(g) Device Making or Altering Equipment – means any
equipment, mechanism or impression designed or primarily
used for making or altering or reencoding an access device or a
counterfeit access device;
(h) Finance Charges – represent the amount to be paid by the
debtor incident to the extension of credit such as interest or
discounts, collection fees, credit investigation fees, and other
service charges;
(i) Open-end-credit plan – means a consumer credit extended
on an account pursuant to a plan under which:
1) the creditor may permit the person to make purchase or
obtain loans, from time to time, directly from the creditor or
indirectly by use of credit card, or other service;
2) the person has the privilege of paying the balance; or
3) a finance charge may be computed by the creditor from time
to time on an unpaid balance.(j) Penalty Charges – means such
amount, in addition to interest, imposed on the credit card
holder for non-payment of an account within a prescribed
period;
(k) Produce – includes design, alter, authenticate, duplicate or
assemble; and
(l) Trafficking – means transferring, or otherwise disposing of, to
another, or obtaining control of, with intent to transfer or
dispose of.
Section 4. Credit Card Application and Solicitation. – Any
application to open a credit card account for any person under
an open-end credit plan or a solicitation to open such an
account, either by mail, telephone or other means, shall
disclose in writing or orally, as the case may be, the following
information:
(a) Annual Percentage Rate
1) Each annual percentage rate of interest on the amount of
credit obtained by the credit card holder under such credit plan.
Where an extension of credit is subject to a variable rate, the
fact that the rate is variable, and the annual percentage rate in
effect at the time of the mailing.
2) Where more than one rate applies, the range of balances to
which each rate applies.
(b) Annual and other Fees
1) Any annual fee, other periodic fee, or membership fee
imposed for the issuance or availability of a credit card,
including any account maintenance fee or any other charge
imposed based on activity or inactivity for the account during
the billing cycle.
2) Any minimum finance charge imposed for each period during
which any extension of credit which is subject to a finance
charge is outstanding.
3) Any transaction charge imposed in connection with use of
the card to purchase goods or services.
4) Any fee, penalty or surcharge imposed for the delay in
payment of an account.
(c) Balance Calculation Method – the name or a detailed
explanation of the balance calculation method used in
determining the balance upon which the finance charge is
computed.
(d) Cash Advance Fee – any fee imposed for an extension of
credit in the form of cash.
(e) Over-the-Limit-Fee – any fee imposed in connection with an
extension of credit in excess of the amount of credit authorized
to be extended with respect to such amount: Provided,
however, That in case the application or solicitation to open a
credit card account for any person under an open-end
consumer credit plan be made through catalogs, magazines, or
other publications, the following additional information shall be
disclosed:
1) A statement, in a conspicuous and prominent location on the
application or solicitation, that:
i) the information is accurate as of the date the application or
solicitation was printed;
ii) the information contained in the application or solicitation is
subject to change after such date;
iii) the applicant should contact the creditor for information on
any change in the information contained in the application or
solicitation since it was printed;
(2) The date the application or solicitation was printed; and
(3) In a conspicuous and prominent location on the application
or solicitation, a toll free telephone number or mailing address
which the applicant may contact to obtain any change in the
information provided in the application or solicitation since it
was printed.
Section 5. Computations. – In addition to the foregoing, a credit
card issuer must, to the extent practicable, provide a detailed
explanation and a clear illustration of the manner by which all
charges and fees are computed.
Section 6. Exceptions. – The disclosures required under
Section 4 of this Act may be omitted in any telephone
solicitation or application if the credit card issuer:
(a) does not impose any fee in connection with paragraph
(b)(1), Section 4 of this Act;
(b) does not impose any fee in connection with telephone
solicitation unless the consumer signifies acceptance by using
the card;
(c) discloses clearly the information described in Section 4 of
this Act in writing within thirty (30) days after the consumer
requests the card, but in no event later than the date of delivery
of the card; and
(d) discloses clearly that the consumer is not obligated to
accept the card or account and the consumer will not be
obligated to pay any fees or charges disclosed unless the
consumer elects to accept the card or account by using the
card.
Section 7. Disclosure Prior to Renewal. – Except in telephone
solicitations a card issuer that imposes any fee described in
Section 4 shall transmit to a consumer's credit cardaccount a
clear and conspicuous disclosure of:
(a) the date by which, the month by which, or the billing period
at the close of which, the account will expire if not renewe;
(b) the information described in Section 4 which shall be
transmitted to a consumer at least thirty (30) days prior to the
scheduled renewal date of the consumer's credit card account;
(c) the information described in Section 4 (a) (1) which shall be
transmitted to a consumer's credit card account; and
(d) the method by which the consumer may terminate continued
credit availability under the account: Provided, That the
disclosures required by this section must be made prior to
posting a fee described in Section 4 (b) (1) to the account, or
with the periodic billing statement first disclosing that the fee
has been posted to the account subject to the condition that the
consumer is given thirty (30) day period to avoid payment of the
fee or to have the fee recredited to the account in any case
where the consumer does not wish to continue the availability
of the credit.
Section 8. Failure to Disclose. – Credit card companies which
shall fail to disclose the information required under Sections 4,
5 and 7 of this Act, after due notice and hearing, shall be
subject to suspension or cancellation of their authority to issue
credit cards by the Bangko Sentral ng Pilipinas, Securities and
Exchange Commission and such other government agencies.
Section 9. Prohibited Acts. – The following acts shall constitute
access device fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit
access devices;
(b) trafficking in one or more unauthorized access devices or
access devices fraudulently applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or
access devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or
possessing device-making or altering equipment without being
in the business or employment, which lawfully deals with the
manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing
another, for consideration or otherwise to produce, use, traffic
in counterfeit access devices, unauthorized access devices or
access devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record,
sales slip or similar document, thereby making it appear that
the device holder has entered into a transaction other than
those which said device holder had lawfully contracted for, or
submitting, without being an affiliated merchant, an order to
collect from the issuer of the access device, such extra sales
slip through an affiliated merchant who connives therewith, or,
under false pretenses of being an affiliated merchant, present
for collection such sales slips, and similar documents;
(i) disclosing any information imprinted on the access device,
such as, but not limited to, the account number or name or
address of the device holder, without the latter's authority or
permission;
(j) obtaining money or anything of value through the use of an
access device, with intent to defraud or with intent to gain and
fleeing thereafter;
(k) having in one's possession, without authority from the owner
of the access device or the access device company, an access
device, or any material, such as slips, carbon paper, or any
other medium, on which the access device is written, printed,
embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval
numbers from the issuer of the access device of the fact of
approval, where in fact no such approval was given, or where, if
given, what is written is deliberately different from the approval
actually given;
(m) making any alteration, without the access device holder's
authority, of any amount or other information written on the
sales slip;
(n) effecting transaction, with one or more access devices
issued to another person or persons, to receive payment or any
other thing of value;
(o) without the authorization of the issuer of theaccess device,
soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an
access device; or
(p) without the authorization of the credit card system member
or its agent, causing or arranging for another person to present
to the member or its agent, for payment, one or more evidence
or records of transactions made by credit card.
Section 10. Penalties. – Any person committing any of the acts
constituting access device fraud enumerated in the immediately
preceding section shall be punished with:
(a) a fine of Ten thousand pesos (P10,000.00) or twice the
value obtained by the offense, whichever is greater and
imprisonment for not less than six (6) years and not more than
ten (10) years, in the case of an offense under Section 9 (b)-(e),
and (g)-(p) which does not occur after a conviction for another
offense under Section 9;
(b) a fine of Ten thousand pesos (P10,000.00) or twice the
value obtained by the offense, and imprisonment for not less
than ten (10) years and for not more than twelve (12) years, in
the case of an offense under Section 9 (a), and (f) of the
foregoing section, which does not occur after a conviction for
another offense under Section 9; and
(c) a fine of Ten thousand pesos (P10,000.00) or twice the
value obtained by the offense, or imprisonment for not less than
twelve (12) years and not more than twenty (20) years, or both,
in the case of any offense under Section 9, which occurs after a
conviction for another offense under said subsection, or an
attempt to commit the same.
Section 11. Conspiracy to commit access device fraud. – If two
(2) or more persons conspire to commit any of the offenses
listed in Section 9 and one or more of such persons does any
act to effect the object of the conspiracy, each of the parties to
such conspiracy shall be punished as in the case of the doing
of the act, the accomplishment of which is the object of such
conspiracy.
Section 12. Frustrated and attempted access device fraud. –
Any person who performs all the acts of execution which would
produce any of the unlawful acts enumerated in Section 9 of
this Act, but which nevertheless does not produce it by reason
of causes independent of the will of said person, shall be
punished with two-thirds (2/3) of the fine and imprisonment
provided for the consummated offenses listed in said section.
Any person who commences the commission of any of the
unlawful acts enumerated in Section 9 of this Act directly by
overt acts and does not perform all the acts of execution which
would produce the said acts by reason of some cause or
accident other than said person's own spontaneous desistance,
shall be punished with one-half (1/2) of the fine and
imprisonment provided for the consummated offenses listed in
the said section.
Section 13. Accessory to access device fraud. – Any person
who, with intent to gain for himself or for another, buy, receives,
possesses, keeps, acquires, conceals, sells, or disposes of,
shall buy and sell, or in any manner deal in any article, item,
object or anything of value which he knows or should be known
to him, to have been acquired through the use of counterfeit
access device or an unauthorized access device or an access
device known to him to have been fraudulently applied for, shall
be considered as an accessory to an access device fraud and
shall be punished with one-half (1/2) of the fine and
imprisonment provided for the applicable consummated
offenses listed in Section 9 of this Act. Said person shall be
prosecuted under this Act or under the Anti-Fencing Law of
1979 (Presidential Decree No. 1612) whichever imposes the
longer prison term as penalty for the consummated offense.
Section 14. Presumption and prima facie evidence of intent to
defraud. – The mere possession, control or custody of:
(a) an access device, without permission of the owner or
without any lawful authority;
(b) a counterfeit access device;
(c) access device fraudulently applied for;
(d) any device-making or altering equipment by any person
whose business or employment does not lawfully deal with the
manufacture, issuance, or distribution of access device;
(e) an access device or medium on which an access device is
written, not in the ordinary course of the possessor's trade or
business; or
(f) a genuine access device, not in the name of the possessor,
or not in the ordinary course of the possessor's trade or
business, shall be prima facie evidence that such device or
equipment is intended to be used to defraud.
A cardholder who abandons or surreptitiously leaves the place
of employment, business or residence stated in his application
or credit card, without informing the credit card company of the
place where he could actually be found, if at the time of such
abandonment or surreptitious leaving, the outstanding and
unpaid balance is past due for at least ninety (90) days and is
more than Ten thousand pesos (P10,000.00), shall be prima
facie presumed to have used his credit card with intent to
defraud.
Section 15. Loss of access devices. – In case of loss of an
access device, the holder thereof must notify the issuer of the
access device of the details and circumstances of such loss
upon knowledge of the loss. Full compliance with such
procedure would absolve the access device holder of any
financial liability from fraudulent use of the access device from
the time the loss or theft is reported to the issuer.
Section 16. Reporting requirements. – All companies engaged
in the business of issuing access devices, including banks,
financing companies and other financial institutions issuing
access devices, shall furnish annually, on or before the 31st of
March of the succeeding year, a report to the Credit Card
Association of the Philippines regarding access device frauds
committed against the holders of such entities in the preceding
calendar year, for consolidation and submission to the National
Bureau of Investigation.
Notwithstanding this requirement, banks, financing companies
and other financial institutions, including their subsidiaries and
affiliates, issuing access devices shall continue to be regulated
and supervised by the Bangko Sentral ng Pilipinas while other
companies issuing access devices shall continue to be
regulated and supervised by the Securities and Exchange
Commission.
Article 188. Subsisting and altering trade-mark, trade-names, or
service marks. - The penalty of prision correccional in its
minimum period or a fine ranging from 50 to 2,000 pesos, or
both, shall be imposed upon:
1. Any person who shall substitute the trade name or trade-
mark of some other manufacturer or dealer or a colorable
imitation thereof, for the trademark of the real manufacturer or
dealer upon any article of commerce and shall sell the same;
2. Any person who shall sell such articles of commerce or offer
the same for sale, knowing that the trade-name or trade- mark
has been fraudulently used in such goods as described in the
preceding subdivision;
3. Any person who, in the sale or advertising of his services,
shall use or substitute the service mark of some other person,
or a colorable imitation of such mark; or
4. Any person who, knowing the purpose for which the trade-
name, trade-mark, or service mark of a person is to be used,
prints, lithographs, or in any way reproduces such trade-name,
trade-mark, or service mark, or a colorable imitation thereof, for
another person, to enable that other person to fraudulently use
such trade-name, trade-mark, or service mark on his own
goods or in connection with the sale or advertising of his
services.
A trade-name or trade-mark as herein used is a word or words,
name, title, symbol, emblem, sign or device, or any combination
thereof used as an advertisement, sign, label, poster, or
otherwise, for the purpose of enabling the public to distinguish
the business of the person who owns and uses said trade-
name or trade-mark.
A service mark as herein used is a mark used in the sale or
advertising of services to identify the services of one person
and distinguish them from the services of others and includes
without limitation the marks, names, symbols, titles,
designations, slogans, character names, and distinctive
features of radio or other advertising.
Article 189. Unfair competition, fraudulent registration of trade-
mark, trade-name or service mark, fraudulent designation of
origin, and false description. - The penalty provided in the next
proceeding article shall be imposed upon:
1. Any person who, in unfair competition and for the purposes
of deceiving or defrauding another of his legitimate trade or the
public in general, shall sell his goods giving them the general
appearance of goods of another manufacturer or dealer, either
as to the goods themselves, or in the wrapping of the packages
in which they are contained or the device or words thereon or in
any other features of their appearance which would be likely to
induce the public to believe that the goods offered are those of
a manufacturer or dealer other than the actual manufacturer or
dealer or shall give other persons a chance or opportunity to do
the same with a like purpose.
2. Any person who shall affix, apply, annex or use in connection
with any goods or services or any container or containers for
goods a false designation of origin or any false description or
representation and shall sell such goods or services.
3. Any person who by means of false or fraudulent
representation or declarations orally or in writing or by other
fraudulent means shall procure from the patent office or from
any other office which may hereafter be established by law for
the purposes the registration of a trade-name, trade-mark or
service mark or of himself as the owner of such trade-name,
trade-mark or service mark or an entry respecting a trade-
name, trade-mark or service mark.
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
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.
ARTICLE ISection 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 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 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. – Any thing 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 manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as
reaction vessel, preparative/purifying equipment, fermentors,
separatory funnel, flask, heating mantle, gas generator, or their
substitute.
(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 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.
(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 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.
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.
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 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 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.
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 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.
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.
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 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 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.
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 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.
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.
The penalty 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 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.
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 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
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.
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 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
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.
The maximum penalty provided for under this Section shall be
imposed 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 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 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;
(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
(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.
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 ranging from Five hundred
thousand pesos (P500,000.00) to Ten million 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.
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.
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.
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 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;
(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 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.
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.
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.
REPUBLIC ACT NO. 8203 AN ACT PROHIBITING
COUNTERFEIT DRUGS, PROVIDING PENALTIES FOR
VIOLATIONS AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Title. – This Act shall be known as the “Special
Law on Counterfeit Drugs.”
SECTION 2. Declaration of Policy. – It is hereby the policy of
the State to protect and promote the right to health of the
people and instill health consciousness among them as
provided in Section 15, Article II of the Constitution. It is also
further declared the policy of the State that in order to
safeguard the health of the people, the State shall provide for
their protection against counterfeit drugs.
SECTION 3. Definition of Terms. – For purposes of this Act, the
terms:
a) Drugs shall refer to any chemical compound or biological
substance, other than food, intended for use in the treatment,
prevention or diagnosis of disease in man or animals, including
but not limited to:
1) any article recognized in the official United States
Pharmacopoeia-National Formulary (USP-NF), official
Homeopathic Pharmacopoeia of the United States, Philippine
National Drug Formulary, British Pharmacopoeia, any National
Compendium or any supplement to any of them;
2) any article intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals;
3) any article other than food intended to affect the structure or
any function of the body of man or animals;
4) any article intended for use as a component of any articles
specified in clauses (1), (2), (3) not including devices or their
components, parts, or accessories; and
5) herbal and/or traditional drugs which are articles of plant or
animal origin used in folk medicine which are: (a) recognized in
the Philippine National Drug Formulary; (b) intended for use in
the treatment or cure or mitigation of disease symptoms, injury
or bodily defect in man; (c) other than food, intended to affect
the structure or any function of the body of man; (d) in finished
or ready-to-use dosage form; and (e) intended for use as a
component of any of the articles specified in clauses (a), (b), (c)
and (d).
b) Counterfeit drug/medicine refers to medicinal products with
the correct ingredients but not in the amounts as provided
hereunder, wrong ingredients, without active ingredients, with
insufficient quantity of active ingredient, which results in the
reduction of the drug’s safety, efficacy, quality, strength or
purity. It is a drug which is deliberately and fraudulently
mislabeled with respect to identity and/or source or with fake
packaging, and can apply to both branded and generic
products. It shall also refer to:
1) the drug itself, or the container or labeling thereof or any part
of such drug, container or labeling bearing without authorization
the trademark, trade name or other identification mark or
imprint or any likeness to that which is owned or registered in
the Bureau of Patent, Trademark and Technology Transfer
(BPTTT) in the name of another natural or juridical person;
2) a drug product refilled in containers by unauthorized persons
if the legitimate labels or marks are used;
3) an unregistered imported drug product, except drugs brought
in the country for personal use as confirmed and justified by
accompanying medical records; and
4) a drug which contains no amount of, or a different active
ingredient, or less than eighty percent (80%) of the active
ingredient it purports to possess, as distinguished from an
adulterated drug including reduction or loss of efficacy due to
expiration.
c) Brokering shall refer to any act of facilitating the disposal or
sale of counterfeit drugs, including acts of agency.
d) Bureau shall refer to the Bureau of Food and Drugs (BFAD)
of the Department of Health (DOH).
e) Department shall refer to the Department of Health.
f) Business establishment shall refer to any entity, whether a
single proprietorship, partnership or corporation engaged in, or
doing business in the Philippines.
g) Owner shall refer to a person or group of persons who is the
registered owner of a license to operate a business or business
undertaking in the Philippines or the branch manager or
operator, licensee, franchisee, or any person acting on behalf of
the corporate entity.
h) Residence shall refer to a private dwelling or abode where a
person lives, either as owner or lessee, or usufructuary
including, for purposes of this Act, its yard, garage, storage
rooms or premises.
SECTION 4. Prohibited Acts. – The following are declared
unlawful and therefore prohibited:
a) The manufacture, sale, offering for sale, donation,
distribution, trafficking, brokering, exportation, or importation or
possession of counterfeit drugs as defined in Section 3 hereof
not otherwise covered by Republic Act No. 3720, as amended.
The presence or availability of such counterfeit drugs within the
premises of any entity engaged in the sale, manufacture or
distribution of drugs and/or pharmaceutical products or in a
private residence, or in public or private vehicle, or in the
premises not covered by a valid license to operate from the
Bureau, shall constitute a prima facie evidence of violation of
this Act: Provided, however, That this presumption shall not
apply to the legitimate owners of trademarks, trade names or
other identifying marks, or the legitimate or authorized
representatives or agents of such owners, who have in their
possession counterfeit drugs which bear the trademarks, trade
names or marks if they can show the sales invoices or official
receipts evidencing their purchase from a drugstore,
manufacturer or distributor suspected by them of dealing in
counterfeit drugs involving the trademarks, trade names and
other similar identifying marks registered in their names:
Provided, further, That such counterfeit products shall be
reported and immediately turned over to the Bureau: Provided,
finally, That compliance with the preceding proviso shall be
made within a reasonable period from the date of purchase of
such counterfeit drugs as indicated in the sales invoice, official
receipt, or other similar documents abovementioned to the time
the counterfeit drugs are reported and turned over to the
Bureau.
b) Possession of any such counterfeit drugs. However, any
person found in possession of counterfeit drugs in violation of
this subsection, shall be excepted from liability under the
provisions of this Act after:
1) presentation of sales invoices, official receipts, or other
legally acceptable documents evidencing his purchase thereof
from a drugstore, distributor, manufacture, hospital pharmacy or
dispensary, or any other person or place duly licensed to sell
and/or dispense drugs or medicines, and indicating therein the
batch and lot numbers, as well as the expiry dates such drugs;
or
2) presentation of certificates and other documents evidencing
the importation or exportation of the counterfeit drugs found in
his possession as required by existing laws including those
documents required in the preceding paragraph covering the
commercial transactions involving counterfeit drugs.
In both cases, the subject counterfeit must not on their face,
appear to be as such, or do not bear any marking or any
patently unusual characteristic sufficient to arouse the suspicion
of a reasonable and prudent person that such drugs are
counterfeit. Furthermore, the amount or volume of counterfeit
drugs held is such that it does not negate or is inconsistent with
the averment that the same are for personal use,
notwithstanding the presentation by the possession of medical
records and other similar documents accompanying and
justifying the use of such drugs.
c) Forging, counterfeiting, simulating or falsely representing, or
without proper authority, using any mark, stamp, tag, label or
other identification mark or device authorized or required by
Republic Act No. 3720, as amended, and/or the regulations
promulgated under this Act.
d) Photocopying, duplicating, altering, printing, transferring,
obliterating or removing the approved label or any part thereof,
lawfully belonging to another person, for the purpose of using
such label or a part thereof on any counterfeit drug: Provided,
That if the person who committed any of the acts enumerated in
this paragraph and the person who used the labels produced
thereby are not one and the same person and the former had
knowledge of the purpose for which the labels are intended, the
former shall also be liable under this Act notwithstanding the
failure of the latter to achieve the intended purpose; and
e) Making, selling, or concealing any punch, dye, plate or any
other equipment or instrument designed to print, imprint or
reproduce the trademark, trade name or other identifying mark
of another registered producer or any likeness thereof, upon
any drug product or device or its container or label without
authority from the legitimate owners of the trademark or trade
name.
SECTION 5. Parties Liable. – The following person shall be
liable for violation(s) of this Act:
a) the manufacturer, exporter or importer of the counterfeit
drugs and their agents: Provided, That the agents shall be
liable only upon proof of actual or constructive knowledge that
the drugs are counterfeit;
b) the seller, distributor, trafficker, broker or donor and their
agents, upon proof of actual or constructive knowledge that the
drugs sold, distributed, offered or donated are counterfeit drugs;
c) the possessor of counterfeit drugs as provided in Section 4
(b) hereof;
d) the manager, operator or lessee of the laboratory facilities
used in the manufacture of counterfeit drugs;
e) the owner, proprietor, administrator or manager of the
drugstore, hospital pharmacy or dispensary, laboratory or other
outlets or premises where the counterfeit drug is found who
induces, causes or allows the commission of any act herein
prohibited;
f) the registered pharmacist of the outlet where the counterfeit
drug is sold or found who, sells or dispenses such drug to a
third party and who has actual or constructive knowledge that
said drug is counterfeit; and
g) should the offense be committed by a juridical person, the
president, general manager, the managing partner, chief
operating officer or the person who directly induces, causes or
knowingly allows the commission of the offense shall be
penalized.
REPUBLIC ACT No. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE
INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND
SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
Section 1. Short Title. – This Act shall be known as the "Anti-
Drunk and Drugged Driving Act of 2013″.
Section 2. Declaration of Policy. – Pursuant to the
Constitutional principle that recognizes the protection of life and
property and the promotion of the general welfare as essential
for the enjoyment of the blessing of democracy, it is hereby
declared the policy of the State to ensure road safety through
the observance of the citizenry of responsible and ethical
driving standards.
Towards this end, the State shall penalize the acts of driving
under the influence of alcohol, dangerous drugs and other
intoxicating substances and shall inculcate the standards of
safe driving and the benefits that may be derived from it
through institutional programs and appropriate public
information strategies.
Section 3. Definition of Terms. – For purposes of this Act:
(a) Alcohol refers to alcoholic beverages classified into beer,
wine and distilled spirits, the consumption of which produces
intoxication.
(b) Breath analyzer refers to the equipment which can
determine the blood alcohol concentration level of a person
through testing of his breath.
(c) Chemical tests refer to breath, saliva, urine or blood tests to
determine the blood alcohol concentration level and/or positive
indication of dangerous drugs and similar substances in a
person’s body.
(d) Dangerous drugs and other similar substances refer to
drugs listed in the schedules annexed to the 1961 Single
Convention on Narcotics Drugs, as amended by the 1972
Protocol, and in the schedules annexed to the 1971 Single
Convention of Psychotropic Substances as enumerated in its
attachment which is an integral part of Republic Act No. 9165,
otherwise known as the "Comprehensive Dangerous Drugs Act
of 2002″ and those that the Board may reclassify, add to or
remove from the list of dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of
operating a motor vehicle while the driver’s blood alcohol
concentration level has, after being subjected to a breath
analyzer test, reached the level of intoxication, as established
jointly by the Department of Health (DOH), the National Police
Commission (NAPOLCOM) and the Department of
Transportation and Communications (DOTC).
(f) Driving under the influence of dangerous drugs and other
similar substances refers to the act of operating a motor vehicle
while the driver, after being subjected to a confirmatory test as
mandated under Republic Act No. 9165, is found to be positive
for use of any dangerous drug.
(g) Field sobriety tests refer to standardized tests to initially
assess and determine intoxication, such as the horizontal gaze
nystagmus, the walk-and-turn, the one-leg stand, and other
similar tests as determined jointly by the DOH, the NAPOLCOM
and the DOTC.
(h) Motor vehicle refers to any land transportation vehicle
propelled by any power other than muscular power.(i) Motor
vehicles designed to carry hazardous materials refer to those
designed to carry or transport materials which may endanger
health and lives of the public.
(j) Public utility vehicles refer to motor vehicles for hire and
used to carry or transport passengers or goods.
Section 4. Driver’s Education. – Every applicant for a motor
vehicle driver’s license shall complete a course of instruction
that provides information on safe driving including, but not
limited to, the effects of the consumption of alcoholic beverages
on the ability of a person to operate a motor vehicle, the
hazards of driving under the influence of alcohol, dangerous
drugs and/or other similar substances, and the penalties
attached for violation thereof.
For professional drivers, every applicant for a driver’s license or
those applying for renewal thereof shall undergo the driver’s
education herein stated.
The driver’s license written examination shall include questions
concerning the effects of alcohol and drug intoxication on the
ability of a person to operate a motor vehicle and the legal and
pecuniary consequences resulting from violation of the
provisions of this Act.
Section 5. Punishable Act. – It shall be unlawful for any person
to drive a motor vehicle while under the influence of alcohol,
dangerous drugs and/or other similar substances.
Section 6. Conduct of Field Sobriety, Chemical and
Confirmatory Tests. – A law enforcement officer who has
probable cause to believe that a person is driving under the
influence of alcohol, dangerous drugs and/or other similar
substances by apparent indications and manifestations,
including overspeeding, weaving, lane straddling, sudden
stops, swerving, poor coordination or the evident smell of
alcohol in a person’s breath or signs of use of dangerous drugs
and other similar substances, shall conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall be the duty of the
law enforcement officer to implement the mandatory
determination of the driver’s blood alcohol concentration level
through the use of a breath analyzer or similar measuring
instrument.
If the law enforcement officer has probable cause to believe
that a person is driving under the influence of dangerous drugs
and/or other similar substances, it shall be the duty of the law
enforcement officer to bring the driver to the nearest police
station to be subjected to a drug screening test and, if
necessary, a drug confirmatory test as mandated under
Republic Act No. 9165.
Law enforcement officers and deputized local traffic
enforcement officers shall be responsible in implementing this
section.
Section 7. Mandatory Alcohol and Chemical Testing of Drivers
Involved in Motor Vehicular Accidents. – A driver of a motor
vehicle involved in a vehicular accident resulting in the loss of
human life or physical injuries shall be subjected to chemical
tests, including a drug screening test and, if necessary, a drug
confirmatory test as mandated under Republic Act No. 9165, to
determine the presence and/or concentration of alcohol,
dangerous drugs and/or similar substances in the bloodstream
or body.
Section 8. Refusal to Subject Oneself to Mandatory Tests. – A
driver of a motor vehicle who refuses to undergo the mandatory
field sobriety and drug tests under Sections 6, 7 and 15 of this
Act shall be penalized by the confiscation and automatic
revocation of his or her driver’s license, in addition to other
penalties provided herein and/or other pertinent laws.
Section 12. Penalties. – A driver found to have been driving a
motor vehicle while under the influence of alcohol, dangerous
drugs and/or other similar substances, as provided for under
Section 5 of this Act, shall be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries
or homicide, the penalty of three (3) months imprisonment, and
a fine ranging from Twenty thousand pesos (Php20,000.00) to
Eighty thousand pesos (Php80,000.00) shall be imposed;
(b) If the violation of Section 5 resulted in physical injuries, the
penalty provided in Article 263 of the Revised Penal Code or
the penalty provided in the next preceding subparagraph,
whichever is higher, and a fine ranging from One hundred
thousand pesos (Php100,000.00) to Two hundred thousand
pesos (Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in homicide, the penalty
provided in Article 249 of the Revised Penal Code and a fine
ranging from Three hundred thousand pesos (Php300,000.00)
to Five hundred thousand pesos (Php500,000.00) shall be
imposed; and
(d) The nonprofessional driver’s license of any person found to
have violated Section 5 of this Act shall also be confiscated and
suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction.
The professional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and
perpetually revoked for the first conviction. The perpetual
revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.
The prosecution for any violation of this Act shall be without
prejudice to criminal prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and other special laws and
existing local ordinances, whenever applicable.
Section 13. Direct Liability of Operator and/or Owner of the
Offending Vehicle. – The owner and/or operator of the vehicle
driven by the offender shall be directly and principally held
liable together with the offender for the fine and the award
against the offender for civil damages unless he or she is able
to convincingly prove that he or she has exercised
extraordinary diligence in the selection and supervision of his or
her drivers in general and the offending driver in particular.
This section shall principally apply to the owners and/or
operators of public utility vehicles and commercial vehicles
such as delivery vans, cargo trucks, container trucks, school
and company buses, hotel transports, cars or vans for rent, taxi
cabs, and the like.
REPUBLIC ACT NO. 10175 AN ACT DEFINING
CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF
PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
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:
(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 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.
(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.
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:
(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:
(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 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 commercialelectronic communication does not
purposely include misleading information in any part of the
message in order to induce the recipients to read the message.
(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.
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.
Any person found guilty of any of the punishable acts
enumerated in 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.
Any person found guilty of any of the punishable acts
enumerated in 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.
Any person found guilty of any of the punishable acts
enumerated in 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 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.
Republic Act No. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF
PHOTO AND VIDEO VOYEURISM, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of
the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-
Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the dignity
and privacy of every human person and guarantees full respect
for human rights. Toward this end, the State shall penalize acts
that would destroy the honor, dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act, the
term:
(a) "Broadcast" means to make public, by any means, a visual
image with the intent that it be viewed by a person or persons.
(b) "Capture" with respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or
video coverage of a person or group of persons performing
sexual act or any similar activity or of capturing an image of the
private area of a person or persons without the latter's consent,
under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling, copying,
reproducing, broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual act or
similar activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the
person/s involved, notwithstanding that consent to record or
take photo or video coverage of same was given by such
person's.
(e) "Private area of a person" means the naked or
undergarment clad genitals, public area, buttocks or female
breast of an individual.(f) "Under circumstances in which a
person has a reasonable expectation of privacy" means believe
that he/she could disrobe in privacy, without being concerned
that an image or a private area of the person was being
captured; or circumstances in which a reasonable person would
believe that a private area of the person would not be visible to
the public, regardless of whether that person is in a public or
private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared
unlawful for any person:
(a) To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, public area, buttocks or
female breast without the consent of the person/s involved and
under circumstances in which the person/s has/have a
reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual act or
any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such
photo or video or recording of sexual act, whether it be the
original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet,
cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or video
coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video
voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less
that three (3) years but not more than seven (7) years and a
fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos
(P500,000.00), or both, at the discretion of the court shall be
imposed upon any person found guilty of violating Section 4 of
this Act.
If the violator is a juridical person, its license or franchise shall
be automatically be deemed revoked and the persons liable
shall be the officers thereof including the editor and reporter in
the case of print media, and the station manager, editor and
broadcaster in the case of a broadcast media.
If the offender is a public officer or employee, or a professional,
he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation
proceedings after serving his/her sentence and payment of
fines.
Section 6. Exemption. - Nothing contained in this Act, however,
shall render it unlawful or punishable for any peace officer, who
is authorized by a written order of the court, to use the record or
any copy thereof as evidence in any civil, criminal investigation
or trial of the crime of photo or video voyeurism: Provided, That
such written order shall only be issued or granted upon written
application and the examination under oath or affirmation of the
applicant and the witnesses he/she may produce, and upon
showing that there are reasonable grounds to believe that
photo or video voyeurism has been committed or is about to be
committed, and that the evidence to be obtained is essential to
the conviction of any person for, or to the solution or prevention
of such, crime.
Section 7. Inadmissibility of Evidence. - Any record, photo or
video, or copy thereof, obtained or secured by any person in
violation of the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.1avvphi1
REPUBLIC ACT NO. 10088
AN ACT TO PROHIBIT AND PENALIZE THE
UNAUTHORIZED USE, POSSESSION AND/OR CONTROL
OF AUDIOVISUAL RECORDING DEVICES FOR THE
UNAUTHORIZED RECORDING OF CINEMATOGRAPHIC
FILMS AND OTHER AUDIOVISUAL WORKS AND/OR THEIR
SOUNDTRACKS IN AN EXHIBITION FACILITY, PROVIDING
PENALTIES THEREFOR AND FOR OTHER
Section 1. Short Title. - This Act shall be known as the "Anti-
Camcording Act of 2010".
Section 2. Definition of Terms. - For purposes of this Act:
(a)"Audiovisual work" means a work that consists of a series of
related images which are intrinsically intended to be shown by
the use of machines or devices such as projectors, viewers or
electronic equipment, together with accompanying sounds, if
any, regardless of the nature of the material objects, such as
films or tapes, in which the works are embodied.
(b)"Audiovisual recording device" means a digital or analog
photographic or video camera, or any other technology or
device capable of enabling the recording or transmission of a
cinematographic film or other audiovisual work, or any part
thereof, regardless of whether audiovisual recording is the sole
or primary purpose of the device.
(c)"Authorized person" means the members of the Philippine
National Police (PNP) and the National Bureau of Investigation
(NBI) and/or any other person duly authorized by the same to
exercise powers conferred upon by this Act.
(d)"Camcording" means any of the unlawful acts enumerated
under Section 3 of this Act.
(e)"Cinematographic film" means any audiovisual work
consisting of a series of related images which, when shown in
succession, impart an impression of motion, together with
accompanying sounds, if any.
(f)"Copy" means any article or thing in which the visual images
or sounds comprised in any cinematographic film or audiovisual
work are embodied, and includes the making of a copy which is
in electronic format or transient or incidental to some other use
thereof.
(g)"Copyright owner" means any one who has the exclusive
rights comprised in a copyright as provided under Republic Act
No. 8293, otherwise known as the Intellectual Property Code of
the Philippines and related international treaties, conventions or
agreements to which the Republic of the Philippines is a party.
(h)"Exclusive licensee" means a licensee who is authorized in
writing and who, on behalf of the owner or prospective owner of
copyright, to the exclusion of all other persons, is authorized to
do an act within the Philippines that, by virtue of this Act, the
owner of the copyright would, but for the license, have the
exclusive right to do or to perform.
(i)"Exhibition facility" means any cinema, film theater, screening
room, projection room or other venue that is used for the public
exhibition of a cinematographic film or audiovisual work,
whether or not a fee is chargeable.
(j)"Operator of an exhibition facility" means any person or entity
who holds or is required to hold a license by the Securities and
Exchange Commission CSEC, for companies and
partnerships), the Department of Trade and Industry ('DTI', for
sole proprietorships), the Movie and Television Review and
Classification Board (MTRCB) or any and all other relevant
government offices that have, or will have jurisdiction over
exhibition facilities to operate the exhibition facility.
(k)"Relevant authority" means the officers, members and
responsible personnel of law enforcement agencies such as the
PNP and their adjuncts and the NBI.
(l)'Transmit" means to convey by any means, whether over a
path or a combination of paths, provided by a material
substance or by wireless means or otherwise, and whether or
not in response to a request made.
Section 3. Acts Constituting Unauthorized Possession, Use
and/or Control of Audiovisual Recording Devices. - It shall be
unlawful for any person, at a time when copyright subsists in a
cinematographic film or other audiovisual work or its soundtrack
and without the authorization of the copyright owner or
exclusive licensee thereof, to:
(a)use or attempt to use an audiovisual recording device to
transmit or make a copy of any performance in an exhibition
facility of such cinematographic film or other audiovisual work
or its soundtrack, or any part thereof;
(b)have in his/her possession, an audiovisual recording device
in an exhibition facility, with the intent of using or attempts to
use the audiovisual recording device to transmit or make a copy
of any performance in the exhibition facility of such
cinematographic film or other audiovisual work or its
soundtrack, or any part thereof; or
(c)aid, abet or connive in the commission of the acts prohibited
under this section.
Section 4. Penalties. - A person who will be found guilty of
violating the provisions of Section 3 shall be subject to a fine of
Fifty thousand pesos (Php50,000.00) but not exceeding Seven
hundred fifty thousand pesos (Php750,000.00) and
imprisonment of six (6) months and one (1) day to six (6) years
and one (1) day.
If the purpose of the commission of the abovementioned acts is
the sale, rental or other commercial distribution of a copy of the
cinematographic or audiovisual work or its soundtrack, or any
part thereof, the penalty shall be imposed in the maximum.
If the offender is an alien, said person shall immediately be
deported after payment of the fine and after serving his/her
sentence. He/She shall thereafter be refused entry into the
Philippines.
If the offender is a government official or employee, the penalty
shall include perpetual disqualification from public office and
forfeiture of his/her right to vote and participate in any public
election for a period of five (5) years.
Section 5. Presumptions as to the Subsistence of Copyright
and/or Ownership of Copyright. - For purposes of Section 3,
copyright shall be presumed to subsist in the subject
cinematographic film or other audiovisual work or its soundtrack
if the accused does not put in issue the question as to whether
copyright subsists therein. However:
(a)where the accused puts such question in issue but does not
satisfy the court that he/she does so in good faith, the
presumption as to the subsistence of copyright herein shall
apply, notwithstanding that the accused puts that question in
issue;
(b)where the name of a person appears on copies of the
subject cinematographic film or other audiovisual work or its
soundtrack as made available to the public in such a way as to
imply that the person was the maker thereof and, in the case of
a person other than a body corporate, that name was his/her
true name or a name by which he/she was commonly known,
that person shall be presumed to be the maker thereof and the
copyright owner thereof, unless the contrary is established;
and/or
(c)where the accused puts in issue the question of whether
copyright subsists in the subject cinematographic film or other
audiovisual work or its soundtrack, or the ownership of the
copyright therein, an affidavit made in behalf of the copyright
owner in which he/she makes assertions of facts relevant to
showing that: (1) copyright subsists in the work or other subject
matter; and/or, as the case may be, (2) he/she is the owner of
the copyright, shall be admitted in evidence and shall be prima
facie proof of the matters stated therein until the contrary is
proved, unless the court requires that oral/testimonial evidence
be adduced to prove those matters.
Section 6. No Defense on Account of Use for Private or
Domestic Purposes. - It shall not be a defense that the
transmission or making of the copy of the cinematographic film
or other audiovisual work or its soundtrack, or any part thereof,
was for private or domestic purposes or in connection with a fair
use deal..
Section 11. Enforcement. - The PNP, in coordination with the
NBI, the Optical Media Board (OMB), operators of the cinemas,
theaters or exhibition facilities and owners of the
cinematographic films or audiovisual works and other
soundtracks, shall enforce the provisions of this Act. The PNP
may deputize, for a defined period, the heads or personnel of
such agencies and instrumentalities of government or private
sector representatives or stakeholders of rights over
cinematographic films/audiovisual works and their soundtracks,
to perform, the enforcement functions required under this Act.
Republic Act No. 9775
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER
PURPOSES
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-
Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State recognizes the vital
role of the youth in nation building and shall promote and
protect their physical, moral, spiritual, intellectual, emotional,
psychological and social well-being. Towards this end, the
State shall:
(a) Guarantee the fundamental rights of every child from all
forms of neglect, cruelty and other conditions prejudicial to
his/her development;
(b) Protect every child from all forms of exploitation and abuse
including, but not limited to:
(1) the use of a child in pornographic performances and
materials; and
(2) the inducement or coercion of a child to engage or be
involved in pornography through whatever means; and
(c) Comply with international treaties to which the Philippines is
a signatory or a State party concerning the rights of children
which include, but not limited to, the Convention on the Rights
of the Child, the Optional Protocol to the Convention on the
Rights of the Child of the Child on the Sale of Children, Child
Prostitution and Child Pornography, the International Labor
Organization (ILO) Convention No.182 on the Elimination of the
Worst Forms of Child Labor and the Convention Against
Transnational Organized Crime.
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen (18) years of age
or over, but is unable to fully take care of himself/herself from
abuse, neglect, cruelty, exploitation or discrimination because
of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or
portrayed as a child as defined herein; and
(2) computer-generated, digitally or manually crafted images or
graphics of a person who is represented or who is made to
appear to be a child as defined herein.
(b) "Child pornography" refers to any representation, whether
visual, audio, or written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other means, of
child engaged or involved in real or simulated explicit sexual
activities.
(c) "Explicit Sexual Activity" includes actual or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited
to, contact involving genital to genital, oral to genital, anal to
genital, or oral to anal, whether between persons of the same
or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic
area and/or anus; or
(6) use of any object or instrument for lascivious acts
(d) "Internet address" refers to a website, bulletin board service,
internet chat room or news group, or any other internet or
shared network protocol address.
(e) "Internet cafe or kiosk" refers to an establishment that offers
or proposes to offer services to the public for the use of its
computer/s or computer system for the purpose of accessing
the internet, computer games or related services.
(f) "Internet content host" refers to a person who hosts or who
proposes to host internet content in the Philippines.
(g) "Internet service provider (ISP)" refers to a person or entity
that supplies or proposes to supply, an internet carriage service
to the public.
(h) "Grooming" refers to the act of preparing a child or someone
who the offender believes to be a child for sexual activity or
sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement
through any other means.
(i) "Luring" refers to the act of communicating, by means of a
computer system, with a child or someone who the offender
believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any form of child
pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering, advertising,
promoting, representing or distributing through any means any
material or purported material that is intended to cause another
to believe that the material or purported material contains any
form of child pornography, regardless of the actual content of
the material or purported material.
(k) "Person" refers to any natural or juridical entity.
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for
any person:
(a) To hire, employ, use, persuade, induce or coerce a child to
perform in the creation or production of any form of child
pornography;
(b) To produce, direct, manufacture or create any form of child
pornography;
(c) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
(d) To possess any form of child pornography with the intent to
sell, distribute, publish, or broadcast: Provided. That
possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of the intent to sell,
distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for
the commission of prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other entities,
to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or
control of a child to knowingly permit the child to engage,
participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in
this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the
said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child
pornography is deemed committed by a syndicate if carried out
by a group of three (3) or more persons conspiring or
confederating with one another and shall be punished under
Section 15(a) of this Act.
Section 6. Who May File a Complaint. - Complaints on cases of
any form of child pornography and other offenses punishable
under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;
(d) Officer, social worker or representative of a licensed child-
caring institution;
(e) Officer or social worker of the Department of Social Welfare
and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in
the place where the violation occurred; or
(j) Any person who has personal knowledge of the
circumstances of the commission of any offense under this Act.
Section 7. Appointment of Special Prosecutors. - The
Department of Justice (DOJ) shall appoint or designate special
prosecutors to prosecute cases for the violation of this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the violation
of this Act shall be vested in the Family Court which has
territorial jurisdiction over the place where the offense or any of
its essential elements was committed pursuant to Republic Act
No. 8369, otherwise known as "Family Courts Act of 1997"..
Section 13. Confidentiality. - The right to privacy of the child
shall be ensured at any stage of the investigation, prosecution
and trial of an offense under this Act. Towards this end, the
following rules shall be observed:
(a) The judge, prosecutor or any officer of the law to whom the
complaint has been referred to may, whenever necessary to
ensure a fair and impartial proceeding and after considering all
circumstances for the best interest of the child conduct a
closed-door investigation, prosecution or trial;
(b) The name and personal circumstances of the child,
including the child's immediate family, or any other information
tending to establish his/her identity shall not be disclosed to the
public;
(c) Any record regarding a child shall be confidential and kept
under seal. Except upon written request and order of the court,
a record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies and
(6) Oter persons as determined by the court.
(d) Any form of child pornography that is part of the court
records shall be subject to a protective order that provides as
follows:
(1) Any form of child pornography may be viewed only by the
parties, their counsel, their expert witness and guardian ad
litem;
(2) Neither form of child pornography nor any portion thereof
shall be divulged to any other person, except as necessary for
investigation, prosecution or trial; and (3) No person shall be
granted access to any form of child pornography or any part
thereof unless he/she signs a written affirmation that he/she
has received and read a copy of the protection order; that
he/she submits to the jurisdiction of the court with respect to the
protective order; and that, in case of violation thereof, he/she
will be subject to the contempt power o the court; and
(e) In cases when prosecution or trial is conducted behind
closed doors, 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, producer and director
of a film in case of the movie industry, or any person utilizing
the tri-media facilities or information technology to publish or
broadcast the names of the victims of any case of child
pornography.
Any violation of this provision shall be subject to the penalty
provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child Victim. -
The DSWD shall ensure that the child who is a victim of any
form of child pornography is provided appropriate care, custody
and support for their recovery and reintegration in accordance
with existing laws.
The child and his family shall be entitled to protection as well as
to the rights and benefits of witnesses under Republic Act No.
6981, otherwise known as "The Witness Protection, Security
and Benefit Act".
The child shall also be considered as a victim of a violent crime
defined under Section 3(d) of Republic Act No. 7309, otherwise
known as "An Act Creating a Board of Claims under the
Department of Justice for Victims of Unjust Imprisonment or
Detention and Victims of Violent Crimes and for Other
Purposes", so that the child may claim compensation therein.
Section 15. Penalties and Sanctions. - The following penalties
and sanctions are hereby established for offenses enumerated
in this Act:
(a) Any person found guilty of syndicated child pornography as
defined in Section 5 of this Act shall suffer the penalty
of reclusion perpetua and a fine of not less than Two million
pesos (Php2,000,000.00) but not more than Five million pesos
(Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c)
of this Act shall suffer the penalty of reclusion temporal in its
maximum period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million
(Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f)
of this Act shall suffer the penalty of reclusion temporal in its
medium period and a fine of not less than Seven hundred fifty
thousand pesos (Php750,000.00) but not more than One million
pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g)of this Act
shall suffer the penalty of reclusion temporal in its minimum
period and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Seven hundred thousand
pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act
shall suffer the penalty of prision mayor in its maximum period
and a fine of not less than Three hundred thousand pesos
(Php300,000.00) but not more than Five hundred thousand
pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act
shall suffer the penalty of prision mayor in its minimum period
and a fine of not less than Three hundred thousand pesos
(php300,000.00) but not more than Five hundred thousand
pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act
shall suffer the penalty of prision correccional in its maximum
period and a fine of not less than Two hundred thousand pesos
(Php200,000.00) but not more than Three hundred thousand
pesos (Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this Act
shall suffer the penalty of prision correccionalin its medium
period and a fine of not less than One hundred thousand pesos
(php100,000.00) but not more than Two hundred fifty thousand
pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act
shall suffer the penalty of arresto mayor in its minimum period
and a fine of not less than Fifty thousand pesos (Php50,000.00)
but not more than One hundred thousand pesos
(Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act
shall suffer the penalty of prision correccional in its medium
period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) for the first offense. In the case of a
subsequent offense, the penalty shall be a fine not less than
Two million pesos (Php2,000,000.00) but not more than Three
million pesos (Php3,000,000.00) and revocation of its license to
operate and immediate closure of the establishment;
(k) Any ISP found guilty of willfully and knowingly failing to
comply with the notice and installation requirements under
Section 9 of this Act shall suffer the penalty of a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not
more than One million pesos (Php1,000,000.00) for the first
offense. In case of subsequent offense, the penalty shall be a
fine of not less than One million pesos (Php1,000,000.00) but
not more than Two million pesos (Php2,000,000.00) and
revocation of its license to operate;
(l) Any mall owner-operator and owner or lessor of other
business establishments including photo developers,
information technology professionals, credit card companies
and banks, found guilty of willfully and knowingly failing to
comply with the notice requirements under Section 10 of this
Act shall suffer the penalty of a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) for the first offense. In the case of a
subsequent offense, the penalty shall be a fine of not less than
Two million pesos (Php2,000,000.00) but not more than Three
million pesos (Php3,000,000.00) and revocation of its license to
operate and immediate closure of the establishment; and
(m) Any person found guilty of violating Section 13 of this Act
shall suffer the penalty of arresto mayor in its minimum period
and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Three hundred thousand
pesos (Php300,000.00).
Section 16. Common Penal Provisions. -
(a) If the offender is a parent, ascendant, guardian, step-parent
or collateral relative within the third degree of consanguinity or
affinity or any person having control or moral ascendancy over
the child, the penalty provided herein shall be in its maximum
duration; Provided, That this provision shall not apply to Section
4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be
imposed upon the owner, manager, partner, member of the
board of directors and/or any responsible officer who
participated in the commission of the crime or shall have
knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be immediately
deported after the complete service of his/her sentence and
shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in its
maximum duration if the offender is a public officer or
employee.
Section 17. Confiscation and Forfeiture of the Proceeds, Tools
and Instruments Used in Child Pornography. - In addition to the
penalty imposed for the violation of this Act, the court shall
order the confiscation and forfeiture in favor of the government
of all the proceeds, tools and instruments used in the
commission of the crime, unless they are the property of a third
person not liable for the unlawful act; Provided, however, That
all awards for damages shall be taken from the personal and
separate properties of the offender;