SPECIAL LAWS CRIM 2 REVIEWER apprehending the offender or from protecting the life

JUSTIC FERNANDEZ or property of the victim; or fabricating information

from the data gathered in confidence by investigating
authorities for purposes of background information
PD 1289 PENALIZING OBSTRUCTION OF APPREHENSION and not for publication and publishing or
AND PROSECUTION OF CRIMINAL OFFENDERS disseminating the same to mislead the investigator or
to the court
Sec. 1 Punishable acts Sec. 2 Aggravating circumstance
1. Preventing witnesses from testifying in any criminal If done by public officer + perpetual disqualification
proceeding by means of bribery, misrepresentation, from public office
deceit, intimidation, force or threats
2. Altering, destroying, suppressing or concealing any ACT 4103 AMMENDED BY ACT 4225 INDETERMINATE
paper, record, document, or object, with intent to SENTENCE LAW
impair its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in PURPOSE: To uplift and redeem valuable human material and
the investigation of, or official proceedings in, criminal prevent unnecessary and excessive deprivation of personal
cases liberty and economic usefulness.
3. harboring or concealing, or facilitating the escape of,
any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under GENERAL RULE: All persons convicted of certain crimes
existing penal laws in order to prevent his arrest under Philippine courts
prosecution and conviction
4. publicly using a fictitious name for the purpose of Sec 2 Exceptions to the application of ISLAW
concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name 1. Those convicted with death penalty or life
and other personal circumstances for the same imprisonment
purpose or purposes 2. Treason, conspiracy, proposal to commit treason,
5. delaying the prosecution of criminal cases by rebellion, sedition, espionage or piracy
obstructing the service of process or court orders or 3. Habitual delinquents
disturbing proceedings in the fiscal's offices, in 4. Those who have escaped confinement or evaded
Tanodbayan, or in the courts sentence
6. publicly using a fictitious name for the purpose of 5. Those who violated the conditional pardon
concealing a crime, evading prosecution or the 6. Those whose maximum term of imprisonment does
execution of a judgment, or concealing his true name not exceed one (1) year
and other personal circumstances for the same 7. Those already sentenced with final judgment at the
purpose or purposes time of the approval of the act
7. delaying the prosecution of criminal cases by 8. Sentenced to the penalty of destierro or suspension
obstructing the service of process or court orders or only (no prison term included)
disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts RULES FOR APPLICATION
8. making, presenting or using any record, document,
paper or object with knowledge of its falsity and with RECALL distinctions: (1) Penalty PRESCRIBED (by RPC
intent to affect the course or outcome of the or special law)
investigation of, or official proceedings in, criminal (2) Penalty IMPOSABLE
cases (after taking
9. soliciting, accepting, or agreeing to accept any benefit circumstances into
in consideration of abstaining from, discounting, or account)
impeding the prosecution of a criminal offender (3) Penalty IMPOSED
10. threatening directly or indirectly another with the (after applying all rules
infliction of any wrong upon his person, honor or under RPC and the
property or that of any immediate member or Indeterminate Sentence
members of his family in order to prevent such person Law)
from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to
prevent a person from appearing in the investigation Formula for easy reference:
of or in official proceedings in, criminal cases
11. ) giving of false or fabricated information to mislead or OffenseRPC = Min (next lower to prescribed) to Max
prevent the law enforcement agencies from (imposable)

OffenseSPECIAL = Min (at least that prescribed) to Max (not
exceed prescribed)
PD 986 PROBATION LAW
Sec. 3 Meaning of terms
1. Probation - a disposition under which a defendant,
after conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer
2. Probationer person in probation
3. Probation Officer - one who investigates for the court
a referral for probation or supervises a probationer or
both
Sec. 4 Grant of probation
Probation may be granted whether the sentence imposes a
term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to the
appellate court if an appeal has been taken from the sentence
of conviction. The filing of the application shall be deemed a
waver of the right to appeal, or the automatic withdrawal of a
pending appeal.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a defendant, the trial
court may suspend the execution of the sentence and place
the defendant on probation, upon application by the defendant
within the period for perfecting an appeal.
2. Probation may be granted whether the sentenced imposed a
a term of imprisonment or fine only.
3. No application for probation shall be entertained or granted if
the defendant has perfected an appeal.
4. Filing of application for probation operate as a waiver of the
right to appeal.
5. The order granting or denying probation shall not be
appealable.
6. Accessory penalties are deemed suspended once probation
is granted.
7. The convict is not immediately put on probation. There shall
be a prior investigation by the probation officer and a
determination by the court.
QUESTIONS:
Will Probation be automatically granted to one whose sentence
is 6 years or less?
NO, the applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/
she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
commit another crime.
3. Probation will depreciate the seriousness of the
offense committed.
Under section 70 of RA 9165, the Comprehensive
Dangerous Drugs Act of 2002, the court may in its discretion,
placed the accused under probation even if the sentence
provided under section 11 of the act is higher than that
provided under the probation law.
What will happen if a probationer violates the conditions of
probation?
1. The court may modify the conditions of probation
or revoke the same.
2. If the violation is serious, the court may order the
probationer to serve his prison sentence.
3. The probationer may also be arrested and criminally
prosecuted if the violation is a criminal offense.
The court order shall not be subject to appeal.
Probation is not coterminous with its period. There must be
an order issued by the court discharging the probationer. Upon
finding that he has fulfilled the terms and conditions of his
probation, the court may order the final discharge of the
probationer.
This shall have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are restored.
c. offender's liability for any fine imposed is discharged.
Who are disqualified from the benefits of probation?
1. Those sentenced to serve a prison term of more
6 years.
2. Those convicted of any crime against the national or the
public order.
3. Those previously convicted of an offense which is punished
by imprisonment of not less that one month and one day
imprisonment and/or a fine of not less than P200.
4. Those who have been placed on probation once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus election
code, insurgency law, wage rationalization act.
There are two kinds of conditions imposed upon the offender
under probation:
1. Mandatory or general once violated, the probation is
cancelled.
1) To report to the probation officer within 72 hours after he
receives the order of the court granting probation.
2) To report to his probation officer at least once a month.
3) not to commit any other offense while on probation.
2. Discretionary or special additional conditions which the
court may additionally impose for the probationers correction
and rehabilitation outside prison. The enumeration is not
exclusive, as long as the probationers Constitutional rights
are not jeopardized.
How long is the period of probation?
1. not more than 2 years if the sentence of the offender is 1
year or less.
2. not more than 6 years if the sentence is more than one year.
3. When the penalty is a fine only and the offender is made to
serve subsidiary imprisonment, probation shall be twice the
total number of days of subsidiary imprisonment
PAROLE - it is the release of a prisoner from prison after
serving the minimum period of his indeterminate sentence
QUESTIONS:
Who can not be granted parole?
generally, those sentenced to a term of imprisonment of one
year or less or to a straight penalty or to a prison sentence
without a minimum term of imprisonment.
Who may grant parole to a prisoner?
the board of pardon and parole, an agency under the
Department of Justice.
When may a prisoner be granted parole?
whenever the board of pardon and parole finds that there is a
reasonable probability that if released, the prisoner will be law
abiding and that his release will not be incompatible with the
interest and welfare of society and when a prisoner has
already served the minimum penalty of his/her indeterminate
sentence of imprisonment.
What happens if a parolee violates the conditions of his
parole?
he shall be rearrested and recommitted or returned to prison to
served the unexpired portion of the maximum period of his
sentence.
What is executive clemency?
it refers to the commutation of sentence, conditional pardon
and absolute pardon may be granted by the president upon
recommendation of the board.
What is commutation of sentence?
it is the reduction of the period of a prison sentence.
What is conditional pardon?
it is the conditional exception of a guilty offender for the
punishment imposed by a court.
What is absolute pardon?
it is the total extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever resulting
to the full restoration of his civil rights.
Who may file a petition for conditional pardon?
a prisoner who has served at least one half of the maximum of
the original indeterminate and/or definite prison term.
Who may grant commutation of sentence and pardon?
the president.
Who may file a petition for commutation of sentence?
the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following
minimum requirement:
at least 1/2 ( one half) of the minimum of his indeterminate
and/or definite prison term or the aggregate minimum of his
determinate and/or prison terms.
at least 10 years for prisoners sentenced to one reclusion
perpetua or one life imprisonment, for crimes/offenses not
punishable under RA 7659 and other special law.
at least 12 years for prisoners whose sentences were
adjusted to 40 years in accordance with the provisions of
article 70 of the RPC as amended.
at least 15 years for prisoners convicted of heinous crimes as
defined in RA 7659 committed on or after January 1, 1994 and
sentenced to one reclusion perpetua or one life imprisonment.
at least 17 years for prisoners sentenced to 2 or more
reclusion perpetua of life imprisonment even if their sentences
were adjusted to 40 years in accordance with the provision of
article 70 of the RPC as amended.
at least 20 years for those sentenced to death which was
automatically commuted or reduced to reclusion perpetua.
Who may file a petition for absolute pardon? ans. one may file
a petition for absolute pardon if he had served his maximum
sentence or granted final release and discharge or court
termination of probation.
Is a prisoner who is released on parole or conditional pardon
with parole conditions placed under supervision? ans. yes, the
prisoner is placed under the supervision of a probation and
parole officer.
PD 532 ANTI PIRACY AND ANTI HIGH-WAY ROBBERY
LAW
Sec. 2 Definition of terms
1. Philippine Waters - 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
2. 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.
3. Philippine Highway - 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
4. 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.
5. 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.
Sec. 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.
PD 6235 ANTI-HIJACKING LAW
Sec. 2 Punishable Acts
1. Usurping or seizing control of an aircraft of Philippine
registry while it is in flight, compelling the pilots thereof
to change the course or destination of the aircraft;
2. Usurping or seizing control of an aircraft of foreign registry
while within Philippine territory, compelling the pilots thereof to
land in any part of the Philippine territory;
3. Carrying or loading on board an aircraft operating as a
public utility passenger aircraft in the Philippines, any
flammable, corrosive, explosive, substances; or poisonous
4. Loading, shipping or transporting on board a cargo aircraft
operating as a public utility in the Philippines, any
flammable,corrosive, explosive, or poisonous substance if this
was done in accordance with the rules and regulations set and
promulgated by the Air Transportation Office on this matter;
Aggravating circumstances to nos. 1 and 2:
a. When the offender has fired upon the pilot, member of the
crew, or passenger of the aircraft;
b. When the offender has exploded or attempted to explode
any bomb or explosive to destroy the aircraft;
c. Whenever the crime is accompanied by murder, homicide,
serious physical injuries or rape;
Before the AntiHijacking Law or R.A. 6235 may apply, the
aircraft must be of Philippine registry and it must be in flight.
An aircraft is considered in flight from the moment
all exteriordoors are closed following the embarkation until
such time when the same doors are again opened for
disembarkation. (Sec. 1). This means that there are
passengers that boarded. The aircraft shall be deemed to be
already in flight even if its engine has not yet been started.
If the aircraft is of Philippine registry but it is not in flight and
any of the four circumstances mentioned under R.A. 6235 is
committed, the AntiHijacking Law will not apply and the acts
will be punished accordingly under the RPC or
the applicable special penal laws. The correlative crime may
be one of grave coercion or grave threat. If somebody is killed,
the crime is homicide or murder, as the case may be.
If the aircraft is of foreign registry, it is not required that it is in
flight before R.A. 6235 applies because aircrafts of foreign
registry are considered in transit while they are in foreign
countries.
There is no hijacking in the attempted stage. R.A. 6235 is a
special law, where the attempted stage is not punishable.
Where in the course of the hijacking, a passenger or
complement was shot and killed. The crime remains to be a
violation of the AntiHijacking law, but the penalty thereof shall
be higher because a passenger or complement of the aircraft
had been killed. The crime of homicide or murder per se is not
punished.
RA 9372 HUMAN SECURITY ACT
It created the crime known as terrorism and declared it to be
a crime against the Filipino people, against humanity, and
against the law of nations.
II. Defines the crime of terrorism to be the commission of any
of the crimes of :
A. Under the Revised Penal Code.
i. Piracy in general and Mutiny in the High Seas or in the
Philippine Waters
ii. rebellion
iii. Coup detat
iv. Murder
v. Kidnapping and Serious Illegal Detention
B. Under Special Laws
i. Arson under P.D. 1613
ii. Violation of R.A. 6969 ( Toxic Substance ad Nuclear Waste
Control)
iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of
1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery
vi. P.D. 1866 ( Possession and Manufacture of
Firearms/explosives)

thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand
III. Requirements for Terrorism
A. The accused ( maybe a single individual or a group) must
commit any of the enumerated crimes
B. There results a condition of widespread and extraordinary
fear and panic among the populace
i. The extent and degree of fear and panic, including the
number of people affected in order to meet the term
populace, are questions of facts to be determined by the
courts and on a case to case basis.
ii. Is the term populace to be interpreted as referring to the
local inhabitants where the acts were committed, or does it
refer to the national population?
C. The purpose of the accused must be to coerce the
government to give into an unlawful demand
i. The word demand is too broad as to cover not only political,
criminal or monetarial demands but also those which maybe
categorized as social or economic. This however is qualified by
the word unlawful.
IV. Other Acts/Persons Liable
A. Conspiracy to commit terrorism. The penalty is the same as
terrorism itself ( i.e. 40 years of imprisonment)
B. Accomplices- he cooperates in the execution of either
terrorism or conspiracy to commit terrorism by previous or
simultaneous acts (Penalty is 17 yrs. 4 months and one day to
20 years)
C. Accessory-The acts punished are the same as that under
Article 19 of the RPC. The penalty is 10 yrs. And one day to 12
years
1. The law however adopts the absolutory cause of exemption
of accessories from liability with respect to their relatives
V. Surveillance of Suspects and Interception and Recording of
Communications
A. Authorizes the grant of Judicial Authorization to listen,
intercept, and record, any communication, message,
conversation, discussion, or of spoken or written words
between members of (i) a judicially declared and outlawed
terrorist organization or association or group, or (ii) of any
person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism
1. The Judicial Authorization can only be issued by the Court of
Appeals (a) upon a written application filed by a police or law
enforcement official or members of his team and (b). after an
ex parte hearing establishing (c). probable cause that
terrorism/conspiracy to commit terrorism has been committed,
or is being committed, or is about to be committed ( note that
the wording is not attempted)
2. The applicant must have been authorized in writing to file
the application by the Anti Terrorism Council ( The Body
created to implement the law and assume responsibility for the
effective implementation of the anti-terrorism[policy of the
country)
3. The Judicial Authority is effective for a maximum period not
to exceed 30 days from date of receipt of the written order and
may be extended for another similar period
B. Punishes the act of failure to notify the person subject of the
surveillance, monitoring or interception, if no case was filed
within the 30 day period/life time of the Order of Court
authorizing the surveillance
C. Punishes any person who conducts any unauthorized or
malicious interceptions and or recording of any form of
communications, messages, conversations, discussions or
spoken or written words
VI. Provides for a Judicial Declaration of Terrorists and
Outlawed organization, association, or group of persons, by
any RTC upon application by the DOJ and upon prior notice to
the group affected.
VII. Procedure when a suspected terrorist is arrested
A. A suspected terrorist maybe arrested by any law
enforcement personnel provided:
1. The law enforcement agent was duly authorized in writing by
the Anti Terrorism Council
2. The arrest was the result of a surveillance or examination of
bank deposits
B. Upon arrest and prior to actual detention, the law
enforcement agent must present the suspected terrorist before
any judge at the latters residence or office nearest the place of
arrest, at any time of the day or night. The judge shall, within
three days, submit a written report of the presentation to the
court where the suspect shall have been charged.
C. Immediately after taking custody of a person charged or
suspected as a terrorist, the police or law enforcement
personnel shall notify in writing the judge of the nearest place
of apprehension or arrest, but if the arrest is made during non-
office days or after office hours, the written notice shall be
served at the nearest residence of the judge nearest the place
of arrest
D. Failure to notify in writing is punished by 10 years and one
day to12 years of imprisonment
VIII. Period of Detention has been extended to three days
A. The three day period is counted from the moment the
person charged or suspected as terrorist has been
apprehended or arrested, detained and taken into custody

B. In the event of an actual or imminent terrorist attack,
suspects may not be detained for more than three days without
the written approval of the Human Rights Commission, or
judge of the MTC RTC, Sandiganbayan or Court of Appeals
nearest the place of arrest
C. If arrest was on a nonworking day or hour, the person
arrested shall be brought to the residence of any of the above
named officials nearest the place of arrest.
D. Failure to deliver the person charged or suspected as
terrorists to the proper judicial; authority within three days is
punished by 10 years and one day to 12 years.
IX. Other Acts Punished As Offenses (punished by
imprisonment of 10 years and one day to 12 years) which acts
are related to the arrest/detention of suspected terrorists
A. Violation of the rights of a person detained
1. Right to be informed of the nature and cause of the arrest; to
remain silent; to counsel
2. To communicate and confer with counsel at any time without
restriction
3. To communicate at any time and without restrictions with
members of family or relatives and be visited by them
4. To avail of the services of a physician of choice
B. Offenses relating to an official log book:
1. Failure to keep official logbook detailing the name of the
person arrested the date and time of initial admission for
custody and arrest; state of his health; date and time of
removal from his cell, and his return thereto; date and time of
visits and by whom; all other important data bearing on his
treatment while under arrest and custody
2. Failure to promptly issue a certified true copy of the entries
of the log book
C. Using threat, intimidation, coercion, inflicting physical pain,
or torment or mental emotional, moral or psychological
pressure which shall vitiate the free will
D. Punishes Infidelity in the Custody of Detained Persons
1. The penalty is 12 years and one day to 20 years if the
person detained is a prisoner by final judgment
2. The penalty is 6 years and one day to 12 years if the
prisoner is a detention prisoner
E. Punishes the act of knowingly furnishing False Testimony,
forged document or spurious evidence in any investigation or
hearing under the law ( 12 yrs and one day to 20 years)
X. Prosecution under the Law is a bar to another prosecution
under the Revised Penal code or any other special law for any
offense or felony which is necessarily included in the offense
charged under the law
XI. If the suspect is acquitted he is entitled to P500,000.00 for
every day of detention without a warrant of arrest.
A. Any person who delays the release or refuses to release
the amount shall be punished by imprisonment of 6 months
XII. Provisions on the Identity of the Informant
A. The officer to whom the name of the suspect was first
reveled shall record the real name and specific address of the
informant and shall report the same to his superior officer who
shall in turn transmit the information to the Congressional
Oversight Committee within 5 days after the suspect was
placed under arrest, or his properties sequestered seized or
frozen.
B. The data shall be considered confidential and shall not be
unnecessarily revealed until after the proceedings against the
suspect shall have been terminated.
( NOTE: It would seem that the confidentiality of the
informants identity is not permanent but may be revealed, not
like the provisions of the Rules of Evidence which considers
the confidentiality as permanent)
XIII. Territorial Application of the law:
The law applies to any person who commits an act covered by
the law if committed:
A. Within the terrestrial domain, interior waters, maritime zone
and airspace of the Philippines
B. Inside the territorial limits of the Philippines
C. On board a Philippine ship or airship
D. Within any embassy, consulate, diplomatic premises
belonging to or occupied by the Philippine government in an
official capacity
E. Against Philippine citizens or persons of Philippine descent
where their citizenship or ethnicity was a factor in the
commission of the crime
F. Directly against the Philippine government.
XIV. The provisions of the law shall be automatically
suspended one month before and two months after the holding
of any election.
RA 9745 ANTI-TORTURE ACT OF 2009
Sec. 2 of the new law declares the policy of the State:
(a) to value the dignity of every human person and guarantee
full respect for human rights;
(b) to ensure that the rights of all persons, including suspects,
detainees and prisoners are respected at all times; that no
person placed under investigation or held in custody by any
person in authority or agent of a person in authority shall be
subjected to torture, physical harm, force, violence, threat or
intimidation or any act that impairs his/her free will; and that
secret detention places, solitary, incommunicado or other
similar forms of detention, where torture may be carried out
with impunity, are hereby prohibited; and
(c) to fully adhere to the principles and standards on the
absolute condemnation and prohibition of torture set by the
1987 Philippine Constitution and various international
instruments, such as the International Covenant on Civil and
Political Rights (ICCPR), the Convention on the Rights of the
Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and the Convention
Against Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment (CAT), to which the Philippines is a
State party.
Sec. 3 Definition of terms
1. Torture - refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining
from him/her or a third person information or a
confession; punishing him/her for an act he/she or a
third person has committed or is suspected of having
committed; or intimidating or coercing him/her or a
third person; or for any reason based on
discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with
the consent or acquiescence of a person in authority
or agent of a person in authority. It does not include
pain or suffering arising only from, inherent in or
incidental to lawful sanctions.
2. Other cruel, inhuman and degrading treatment or
punishment - refers to a deliberate and aggravated
treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority
or agent of a person in authority against a person
under his/her custody, which attains a level of severity
causing suffering, gross humiliation or debasement to
the latter.
Sec. 4 - provides that torture (physical and mental) shall
include, but is not be limited to, the following:
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of one or more parts
of the body, such as:
1. systematic beating, headbanging, punching, kicking, striking
with truncheon or rifle butt or other similar objects, and jumping
on the stomach;
2. food deprivation or forcible feeding with spoiled food, animal
or human excreta and other stuff or substances not normally
eaten;
3. electric shock;
4. cigarette burning; burning by electrically heated rods, hot oil,
acid; by the rubbing of pepper or other chemical substances on
mucous membranes, or acids or spices directly on the
wound(s);
5. the submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of
suffocation;
6. being tied or forced to assume fixed and stressful bodily
position;
7. rape and sexual abuse, including the insertion of foreign
bodies into the sex organ or rectum, or electrical torture of the
genitals;
8. mutilation or amputation of the essential parts of the body
such as the genitalia, ear, tongue, etc.;
9. dental torture or the forced extraction of the teeth;
10. pulling out of fingernails;
11. harmful exposure to the elements such as sunlight and
extreme cold;
12. the use of plastic bag and other materials placed over the
head to the point of asphyxiation;
13. the use of psychoactive drugs to change the perception,
memory, alertness or will of a person, such as: (i) the
administration of drugs to induce confession and/or reduce
mental competency; or (ii) the use of drugs to induce extreme
pain or certain symptoms of a disease; and
14. other analogous acts of physical torture; and
(b) Mental/Psychological torture refers to acts committed by a
person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a
persons dignity and morale, such as:
1. blindfolding;
2. threatening a person(s) or his/her relative(s) with bodily
harm, execution or other wrongful acts;
3. confinement in solitary cells or secret detention places;
4. prolonged interrogation;
5. preparing a prisoner for a show trial, public display or
publichumiliation of a detainee or prisoner;
6. causing unscheduled transfer of a person deprived of liberty
from one place
to another, creating the belief that he/she shall be summarily
executed;
7. maltreating a member/s of a persons family;
8. causing the torture sessions to be witnessed by the persons
family, relatives or any third party;
9. denial of sleep/rest;
10. shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victims head or
putting marks on his/her body against his/her will;
11. deliberately prohibiting the victim to communicate with any
member of his/her family; and
12. other analogous acts of mental/psychological torture.
Per Sec. 5, other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a
level of severity sufficient to cause suffering, gross humiliation
or debasement to the latter. The assessment of the level of
severity shall depend on all the circumstances of the case,
including the duration of the treatment or punishment, its
physical and mental effects and, in some cases, the sex,
religion, age and state of health of the victim.
Sec. 6 expressly declares that torture as a criminal act. No
exceptional circumstances whatsoever, whether a state of war
or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification for torture. An
Order of Battle or any order from a superior officer or public
authority shall not be invoked as a justification for the
commission of torture.
Sec. 7 commands that any confession, admission or statement
obtained as a result of torture shall not be invoked as evidence
in any proceedings, except against a person accused of torture
as evidence that said confession, admission or statement was
made.
Sec. 8 provides that any individual who alleges that he/she has
been subjected to torture and other cruel, inhuman and
degrading treatment or punishment shall have the right to
complain to and to have his/her case promptly and impartially
examined by competent authorities. The State through its
appropriate agencies shall ensure the safety of the
complainant or victim and all other persons involved in the
investigation and prosecution of cases of torture and other
cruel, inhuman and degrading treatment or punishment such
as the legal counsel, witnesses, relatives of the victims,
representatives of human rights organizations and media. They
shall be entitled to the Witness Protection, Security and Benefit
Program, as provided under Republic Act No. 6981, and other
laws, rules and regulations. They shall be protected from ill-
treatment and any act of intimidation or reprisal as a result of
the complaint or filing of charges. Any person committing such
acts shall be punished under existing laws.
Under Sec. 9 a writ of habeas corpus or writ of amparo or writ
of habeas data proceeding, if any, filed on behalf of the victim
of torture or other cruel, degrading and inhuman treatment or
punishment shall be disposed of expeditiously and any order of
release by virtue thereof, or other appropriate order of a court
relative thereto, shall be executed or complied with
immediately.
Sec. 10 commandes the the Commission on Human Rights of
the Philippines (CHRP) and the Public Attorneys Office (PAO)
to render legal assistance in the investigation and monitoring
and/or filing of the complaint for a person who suffers torture
and other cruel, inhuman and degrading treatment or
punishment, or for any interested party thereto.
The victim or interested party may also seek legal assistance
from the Barangay Human Rights Action Center nearest
him/her as well as from human rights nongovernment
organizations (NGOs).
Under Sec. 11, before and after interrogation, every person
arrested, detained or under custodial investigation shall have
the right to be informed of his/her right to demand a physical
examination by an independent and competent doctor of
his/her own choice. If such person cannot afford the services of
his/her own doctor, he/she shall be provided by the State with
a competent and independent doctor to conduct physical
examination. The State shall endeavour to provide the victim
with psychological evaluation if available under the
circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any
person arrested, detained or under custodial investigation shall
have the right to immediate access to quality medical
treatment.
The physical examination and/or psychological evaluation of
the victim shall be contained in a medical report which shall
include in detail his/her medical history and findings, and which
shall be attached to the custodial investigation report.
Following applicable protocol agreed upon by agencies,
medical reports shall, among others, include the following:
(a) The name, age and address of the patient;
(b) The name and address of the nearest of kin of the patient;
(c) The name and address of the person who brought the
patient to a hospital clinic or to a health care practitioner for
physical and psychological examination;
(d) The nature and probable cause of the patients injuries and
trauma;
(e) The approximate time and date when the injury and/or
trauma was sustained;
(f) The place where the injury and/or trauma was sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this
provision may knowingly and voluntarily waive such rights in
writing, executed in the presence and assistance of his/her
counsel.
Sec. 12 expressly provides that any person who actually
participated or induced another in the commission of torture or
other cruel, inhuman and degrading treatment or punishment
or who cooperated in the execution of the act of torture by
previous or simultaneous acts shall be liable as principal. Any
superior military, police or law enforcement officer or senior
government official who issued an order to a lower ranking
personnel to subject a victim to torture or other cruel, inhuman
and degrading treatment or punishment for whatever purpose
shall be held equally liable as principal. Any public officer or
employee shall be liable as an accessory if he/she has
knowledge that torture or other cruel, inhuman and degrading
treatment or punishment is being committed and without
having participated therein, either as principal or accomplice,
takes part subsequent to its commission in any of the following
manner:
(a) By themselves profiting from or assisting the offender to
profit from the effects of the act of torture or other cruel,
inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or other cruel, inhuman and
degrading treatment or punishment and/or destroying the
effects or instruments thereof in order to prevent its discovery;
or
(c) By harboring, concealing or assisting in the escape of the
principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the
accessory acts are done with the abuse of the officials public
functions.
Command responsibility is enshrined in the new law. Under
Sec. 13,the immediate superior of the unit concerned of the
Armed Forces of the Philippines or the equivalent senior official
of the offender shall be held accountable for neglect of duty
under the doctrine of command responsibility if he/she has
knowledge of or, owing to the circumstances at the time,
should have known that acts of torture or other cruel, inhuman
and degrading treatment or punishment shall be committed, is
being committed or has been committed by his/her
subordinates or by others within his/her area of responsibility
and, despite such knowledge, did not take preventive or
corrective action either before, during or immediately after its
commission, when he/she has the authority to prevent or
investigate allegations of torture or other cruel, inhuman and
degrading treatment or punishment but failed to prevent or
investigate allegations of such act, whether deliberately or due
to negligence, shall, without prejudice to criminal liability, be
held administratively liable under the principle of command
responsibility.
Sec. 14 provides for the penalty of reclusion perpetua upon the
perpetrators of the following acts:
1. Torture resulting in the death of any person;
2. Torture resulting in mutilation;
3. Torture with rape;
4. Torture with other forms of sexual abuse and, in
consequence of torture, the victim shall have become insane,
imbecile, impotent, blind or maimed for life; and
5. Torture committed against children.
In order not to depreciate the crime of torture, persons who
have committed any act of torture shall not benefit from any
special amnesty law or similar measures that will have the
effect of exempting them from any criminal proceedings and
sanctions. (Sec. 15).
Sec. 16 provides for the international law aspect of the crime.
Notwithstanding the provisions of the foregoing section, any
investigation, trial and decision in any Philippine court or other
agency for any violation of this Act shall be without prejudice to
any investigation, trial, decision or any other legal or
administrative process before the appropriate international
court or agency under applicable international human rights
and humanitarian laws.
Sec. 17 provides that no person shall be expelled, returned or
extradited to another State where there are substantial
grounds for believing that such person would be in danger of
being subjected to torture and other cruel, inhuman and
degrading treatment or punishment.
For the purpose of determining whether there are such
grounds, the Secretary of Foreign Affairs and the Secretary of
Justice, in coordination with the Chairperson of the CHRP,
shall take into account all relevant considerations including,
where applicable, the existence in the requesting State of a
consistent pattern of gross, flagrant or mass violations of
human rights.
Sec. 18 contains the compensation clause of the law. Any
person who has suffered torture or other cruel, inhuman and
degrading treatment or punishment shall have the right to claim
for compensation as provided for under Republic Act No. 7309:
Provided, That in no case shall the compensation be any
lower; than Ten thousand pesos (P10,000.00). The victim shall
also have the right to claim for compensation from such other
financial relief programs that may be available to him/her.
Sec. 19 provides that within one (1) year from the effectivity of
this Act, the Department of Social Welfare and Development
(DSWD), together with the Department of Justice (DOJ) and
the Department of Health (DOH) and such other concerned
government agencies, shall formulate a comprehensive
rehabilitation program for victims of torture and their families.
Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed torture
and other cruel, inhuman and degrading treatment or
punishment shall likewise be formulated by the same agencies.
Sec. 20 assigns the CHRP as the head of the oversight
committee to monitor the enforcement of the new law. An
oversight committee is created to periodically oversee the
implementation of this Act. The committee shall be headed by
a commissioner of the CHRP, with the following as members:
an undersecretary of the DOJ, the chairperson of the Senate
Committee on Justice and Human Rights, the respective
chairpersons of the House of Representatives Committees on
Justice and Human Rights and the respective chairpersons of
two (2) nationally organized human rights NGOs, one of whose
functions is the monitoring of cases of torture and other
cruel, inhuman and degrading treatment or punishment.
Sec. 22 provides that the provisions of the Revised Penal
Code shall be suppletory to the new law.
Sec. 24 commands the DOJ and the CHRP, with the active
participation of human rights NGOs, to jointly promulgate the
rules and regulations for the effective implementation of this
Act. They shall also ensure the full dissemination of such rules
and regulations to all officers and members of various law
enforcement agencies.
PD 1866 AMM RA 8294 DEFINING ILLEGAL/ UNLAWFU
POSSESSION OF FIREARMS
What is not allowed?
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.
Aggravating Circumstances
1. If homicide or murder is committed with the use of an
unlicensed firearm, the penalty of death shall be
imposed.
2. If the violation of this Section is in furtherance of, or
incident to, or in connection with the crimes of
rebellion, insurrection or subversion, the penalty of
death shall be imposed.
3. The penalty of reclusion temporal in its maximum
period to reclusion perpetua 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.
4. The penalty of prision mayor shall be imposed upon
any person who shall carry any licensed firearm
outside his residence without legal authority therefor.
Sec. 2 - The possession of any machinery, tool or instrument
used directly in the manufacture of firearms or ammunition, by
any person whose business or employment does not lawfully
deal with the manufacture of firearms or ammunition, shall be
prima facie evidence that such article is intended to be used in
the unlawful/illegal manufacture of firearms or ammunition.
Sec. 3 - any person who shall unlawfully manufacture,
assemble, deal in, acquire, dispose or possess
handgrenade(s), rifle grenade(s) and other explosives,
including but not limited to "philbox bombs", "molotov cocktail
bomb", "fire-bombs", or other incendiary devices capable of
producing destructive effect on contiguous objects or causing
injury or death to any person
Aggravating Circumstances
1. Any person who 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 shall be punished with the
penalty of death.
2. If the violation of this Section is in furtherance of, or
incident to, or in connection with the crimes of
rebellion, insurrection or subversion, the penalty of
death shall be imposed.
Sec. 4 - The possession of any machinery, tool or instrument
directly used in the manufacture of explosives, by any person
whose business or employment does not lawfully deal with the
manufacture of explosives shall be prima facie evidence that
such article is intended to be used in the unlawful/illegal
manufacture of explosives.
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
Sec 6. - Repacking or Altering the Composition of Lawfully
Manufactured Explosives
Sec. 7. - Unauthorized Issuance of Authority to Carry Firearm
and/or Ammunition Outside of Residence
RA 10591 THE COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
Classification of firearms.
Under the new firearms law, firearms are classified into:
(1) Small arms; (2) ClassA Light Weapons; and (3) ClassB
Light Weapons. Parenthetically, under the old law, firearms are
classified as low-powered and high-powered, in addition to
explosives, and providing single penalties for each.
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, and it includes a pistol and
a revolver; (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 or intended to fire a number of
ball shots or a single projectile through a smooth bore by the
action or energy from burning gunpowder.
ClassA Light Weapons refer to self-loading pistols,
rifles and carbines, submachine guns, assault rifles and light
machine guns not exceeding calibre 7.62MM which have fully
automatic mode.
ClassB Light Weapons refer to weapons designed for
use by two (2) or more persons serving as crew, or rifles and
machine guns exceeding calibre 7.62MM such as heavy
machine guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, prortable anti-tank guns,
recoilless rifles, portable launchers of anti-tank missiles and
rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a calibre of less than 100MM.
Offenses Punished.
While the old law punished basically two (2) offenses relating
to firearms and explosives, without regard to the nature of the
offense whether it be possession, disposition, acquisition,
manufacture or sale, the new law separated the offenses of
acquisition or possession from the offenses of manufacture,
importation, or sale of firearms and ammunition and provides a
higher penalty to the latter.
The following are the offenses punished under the new
law:
AOffenses relating to acquisition or possession:
(1) Unlawful acquisition or possession of firearms;
(2) Unlawful acquisition or possession of ammunition;
(3) Unlawful acquisition or possession of major parts of a
firearm;
(4) Buying or possession of stolen part or material from a
company engaged in the manufacture and sell of firearms and
ammunition, when the buyer or possessor is aware that such
part or material was stolen (Sec. 32, par. 3);
It must be noted that the offense of unlawful possession or
acquisition of ammunition of ClassA Light Weapon punished
under Sec. 28 (i) was repeated under paragraph (g), which
provide a lighter penalty therefor.
BOffenses relating to manufacture, importation or sale:
(1) Unlawful manufacture, importation, sale or disposition of
firearms, ammunition, major part of a firearm or ammunition, or
machinery, tool or instrument used or intended to be used in
the manufacture of a firearm, ammunition or major part thereof
(Sec. 32);
(2) Arms smuggling (Sec. 33);
(3) Unlawful taking, sale or disposition by labourer, worker or
employee of a licensed firearms dealer 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 (Sec. 32);
It is worthy of note that 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. It is
doubtful, however, whether possession of such machinery, tool
or instrument is punished by the first paragraph of Section 32.
What is punished by said paragraph is the unlawful
manufacture, importation, sale or disposition of machinery, tool
or instrument. It hardly includes as punishable intent to use
machinery, tool or instruments intended to be used for the
manufacture of firearms and ammunitions.
COther related offenses:
(1) Carrying of firearms outside of residence without legal
authority (Sec. 31);
(2) Tampering, Obliteration or Alteration of Firearms
Identification (Sec. 34);
(3) Planting of firearms, ammunition or parts thereof as
evidence (Sec. 38);
(4) Failure to notify lost or stolen firearm (Sec. 40);
(5) Illegal transfer or registration of firearm (Sec. 41); and
(6) Fraudulent facilitating the registration of a firearm by a
public officer (Sec. 41, 2nd par.).
Qualifying or Aggravating Circumstances.
Circumstances relating to possession. The offenses
of acquisition or possession of short arms and/or ClassA
Light Weapons may be qualified by the possession of three or
more short arms or ClassA Light Weapons, in which case
the penalty shall be reclusion temporal to reclusion perpetua.
Illegal possession of short arms or ClassA Light
Weapons may also be qualified by any or combination of the
following conditions namely:
(1) When the firearm is loaded with ammunition or inserted
with a loaded magazine;
(2) When the firearm is 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) When it is fitted with sniper scopes, firearm muffler or
firearm silencer;
(4) When it is accompanied with an extra barrel; and
(5) When it is converted to be capable of firing full automatic
bursts.
In such cases, the penalty shall be one (1) degree higher than
that provided for offense, and the offense may be called
Qualified Illegal Possession of Firearms.
Circumstances relating to use.The use of a loose firearm,
when inherent in the commission of a crime punishable under
the Revised Penal Code or other special laws, such as, for
example, murder or homicide, shall be considered as an
aggravating circumstance. However, if the crime committed is
penalized by law with a maximum penalty lower than the
penalty for illegal possession of firearm, the penalty for the
latter shall be imposed in lieu of the penalty for the crime
charged. On the other hand, if the penalties are equal, the
penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty imposed against the
offender for the crime committed (Sec. 29).
Notably, if the firearm used in the commission of a crime is
licensed, the use of such firearm shall not be considered as an
aggravating circumstance. If there be any violation of the law, it
shall be treated as a distinct and separate offense (Sec. 29),
as, for instance, carrying of the firearm outside of residence
without authority therefor.
RA 9160 AMM RA 9194 ANTI- MONEY LAUNDERING ACT
Offenses punishable under RA9160 are the following:
1.) The crime of money laundering itself
2.) Failure to keep records
3.) Failure to report covered transactions
4.) Malicious reporting
5.) Breach of confidentiality
Money Laundering - It is a crime where the proceeds of an
illegal activity are transacted, consequently making them
appear to have come from legitimate sources. It takes the form
of the following:
1.) Any person who knows that any monetary instrument or
property represents, involves or is related to the proceeds of
any illegal activity but transact/tries to transact the
instrument/property anyway
2.) A person who, knowing that any monetary instrument or
property involves the proceeds from any illegal activity,
performs or fails to perform an act a result of which he
facilitates the offense of money laundering in the previous
paragraph
3.) If a person knows that any monetary instrument or property
that is required under the money laundering law (RA 9160, as
amended by RA 9194) to be disclosed and filed with the Anti-
Money Laundering Council and fails to do so
A person can be convicted of both the illegal activity and
money laundering. Any case related to the illegal activity,
however, is given precedence over the prosecution of any
offense or violation of the money laundering law without
prejudice to freezing and other remedies.
The RTC has jurisdiction over money laundering cases except
if the money laundering is committed by public officers or
private persons conspiring with them. In this instance, the case
will be tried by the Sandiganbayan.
Covered Institutions
These are the institutions covered under the money laundering
law. They refer to:
1.) Banks, non-banks, quasi-banks, trust entities and all other
institutions and their subsidiaries and affiliates under the
regulation ans supervision of the Central Bank
2.) Insurance companies and all other institutions supervised
and regulated by the Insurance Commissioner
3.) Securities, dealers, brokers, salesmen, investment houses
an other similar entities managing securities or rendering
services as investment agents, advisers, consultants; mutual
funds, close-end investment companies and other similar
entities; forex corporations, money changers, money payment,
remittance and transfer companies and other similar entities;
and 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 by the SEC
Transactions Covered by RA 9160
These transactions are reported to the Anti-Money Laundering
Council within 5 working days from their occurrence unless the
supervising authority prescribes a longer period of up to 10
days. This is an exception to the Bank Secrecy Law, RA 6426,
RA 8971 and other similar laws; provided the reporter doesn't
communicate any information related to the report to any
person.
1.) Covered Transaction
A transaction in cash or equivalent monetary instrument where
the amount exceeds Php500,000.00 in a single banking day,
2.) Suspicious Transaction
A transaction with covered institutions, regardless of the
amount involved, if any of the following circumstances are
present:
a.) No underlying legal trade/obligation, purpose or economic
justification
b.) Client isn't properly identified
c.) Amount involved isn't commensurate with the client's
business or financial capacity
d.) Client's transaction is structured in order to avoid being
subject to the reporting requirements of the money laundering
act(!)
e.) Any circumstance related to the transaction is observed to
deviate from the client's profits or his past transactions with the
covered institution
f.) The transaction is related to any illegal activity or offense
under the money laundering law and is about to be, is being or
has been committed
g.) Any transaction similar or analogous to any of the above
Unlawful Activities Under RA 9160

1.) Kidnapping for ransom
2.) Drug trafficking
3.) Violations of the Anti-Graft and Corrupt Practices Act
4.) Plunder
5.) Robbery and extortion
6.) Jueteng and masiao
7.) Piracy on the high seas
8.) Qualified theft
9.) Swindling/estafa
10.) Violations of the E-Commerce Act
11.) Hijacking and other violations of RA 6235
12.) Destructive arson and murder, including those committed
by terrorists against non-combatants and similar targets
13.) Fraudulent practices and other violations under the
Securities Regulations Code
14.) Acts of terrorism
15.) Felonies/offenses of a similar nature punishable under the
criminal laws of other countries
These crimes can be prosecuted together with the violation of
RA 9160
RA 9165 DANGEROUS DRUGS ACT OF 2002
Art. 1 Sec. 3 Definition of terms
1.) Administer
Any act of introducing a dangerous drug into a person's body
with or without his/her knowledge in any way. It doesn't matter
if it's by injection, inhalation, injection or any other method, and
it won't matter if it's self-administered or not. The exception is if
it's done by a licensed practitioner (doctor, nurse, etc.) for
medication purposes.
2.) Controlled precursors and essential chemicals
These include the chemicals listed in Tables 1 and 2 of the UN
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances. They're called "controlled" because
they have legal uses (like manufacture of medicines) but
subject to regulation because they're addictive.
3.) Dangerous drugs
Those listed in the schedules attached to the 1961 Single
Convention on Narcotic Drugs (and its 1972 amendment.)
4.) Drug dependence
This follows the WHO definition: a cluster of psychological,
behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drugs 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.
5.) Deliver
Knowingly passing a dangerous drug to another. It may be
personally or any other way and by any means; consideration
doesn't matter.
6.) Sell
Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical regardless if it was for money
or another consideration.
7.) Drug syndicate
Any group of 2 or more persons formed or joining together in
order to commit a violation of the dangerous drugs act.
8.) Dispense
Any act of giving away, selling or distributing medicine or any
dangerous drug with or without prescription. Dispensing isn't a
crime per se. It will depend on the other circumstances.
9.) 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.
10.) Illegal trafficking
Illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation,
distribution, importation, export and possession of any
dangerous drug and/or controlled precursor and essential
chemical.
11.) Trading
Transactions involving the illegal trafficking of dangerous drugs
and/or controlled precursors and essential chemicals using
electronic devices. This includes e-mail, text messages,
cellphones, landline, 2-way radios, the internet, instant
messages and chat rooms or acting as brokers in any way of
such transaction in violation of the dangerous drugs act. It may
be for money or any other consideration.
12.) Employee of a den, dive or resort
A caretaker, helper, watchman, lookout or other persons
working at the den, dive or resort. They're employed by the
person who runs the den, dive or resort with or without
compensation in connection with the illegal drugs operation
13.) Financier
Any person who pays for, raises or supplies money for or
underwrites any of the illegal activities under the dangerous
drugs act.
14.) Protector/coddler
Any person who knowingly and willfully consents to the Section 5 Anyone who sell, trade,
violations of the dangerous drugs act and uses his/her power, Sale, Trading, administer, dispense, deliver,
influence or position to shield, harbor, screen or facilitate the Administration, give away to another, distribute
escape of any person he/she knows, suspects or has reason to Dispensation, Delivery, dispatch in transit or transport
believe has violated the dangerous drugs act in order to Distribution and any dangerous drug, including
prevent the violator from being arrested, prosecuted and/or Transportation of any and all species of opium
convicted. Dangerous Drugs poppy regardless of the quantity
and/or Controlled and purity involved, or shall act
15.) Pusher Precursors and as a broker in any of such
Essential Chemical. transactions.
Any person who sells, trades, administers, dispenses, gives
away on whatever terms, distributes, dispatches in transit,
transports dangerous drugs or acts as a broker in any Sale, trading, administration,
transaction that violates the dangerous drugs act. dispensation, delivery,
distribution or transportation of
Art 2. Unlawful Acts any dangerous drug and/or
SECTION Unlawful Act controlled precursor and
Section 4 Unauthorized import of any essential chemical transpires
Importation of dangerous drug, regardless of within one hundred (100) meters
Dangerous Drugs the quantity and purity involved, from the school
and/or Controlled including any and all species of
Precursors and opium poppy or any part thereof For drug pushers who use
Essential Chemicals. or substances derived therefrom minors or mentally incapacitated
even for floral, decorative and individuals as runners, couriers
culinary purposes and messengers, or in any other
capacity directly connected to the
dangerous drugs and/or
Unauthorized import of any controlled precursors and
controlled precursor and essential chemical trade
essential chemical
If the victim of the offense is a
minor or a mentally incapacitated
individual, or should a dangerous
Unauthorized import of drug and/or a controlled
dangerous drug and/or controlled precursor and essential chemical
precursor and essential chemical involved in any offense herein
through the use of a diplomatic provided be the proximate cause
passport, diplomatic facilities or of death of a victim thereof
any other means involving
his/her official status intended to "financier", organizer and
facilitate the unlawful entry of the manager of any of the illegal
same activities

"Protector/coddler" of any violator

Any person, who organizes,
manages or acts as a "financier"
of any of the illegal activities
"Protector/coddler" of any violator
of the provisions
of the provisions
SECTION 6: Any person or group of persons
Maintenance of a Den, who shall maintain a den, dive or
Dive or Resort. resort where any dangerous
drug is used or sold in any form.
Maintenance of a den, dive, or
resort where any controlled
precursor and essential
chemical is used or sold in any
form.

Dangerous drug is
administered, delivered or sold to
a minor who is allowed to use the
same in such a place.
 Precursors and reasonably should know, that it
Any dangerous drug be the Essential Chemicals. will be used to plant, propagate,
proximate cause of the death of cultivate, grow, harvest,
a person using the same in such manufacture, compound,
den, dive or resort convert, produce, process,
prepare, test, analyze, pack,
"financier", organizer and repack, store, contain or conceal
manager of any of the illegal any dangerous drug and/or
activities controlled precursor and
essential chemical in violation of
"Protector/coddler" of any violator this Act.
of the provisions If it will be used to inject, ingest,
SECTION 7: Any employee of a den, dive or inhale or otherwise introduce into
Employees and Visitors resort, who is aware of the the human body a dangerous
of a Den, Dive or nature of the place as such; drug
Resort. Any person who uses a minor or
Any person who, not being a mentally incapacitated
included in the provisions of the individual to deliver such
next preceding, paragraph, is equipment, instrument,
aware of the nature of the place apparatus and other
as such and shall knowingly visit paraphernalia for dangerous
the same drugs.
SECTION 11: Any unauthorized person who
Possession of possess any dangerous drug in
Dangerous Drugs the following quantities,
SECTION 8: Unauthorized manufacture of any regardless of the degree of purity
Manufacture of dangerous drug. thereof:
Dangerous Drugs (1) 10 grams or more of opium;
and/or Controlled Unauthorized manufacture of any (2) 10 grams or more of
Precursors and controlled precursor and morphine;
Essential Chemicals. essential chemical. (3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine
or cocaine hydrochloride;
(5) 50 grams or more of
"financier", organizer and
methamphetamine hydrochloride
manager of any of the illegal
or "shabu";
activities
(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
"Protector/coddler" of any violator
not limited to,
of the provisions
methylenedioxymethamphetamin
e (MDA) or "ecstasy",
paramethoxyamphetamine
SECTION 9: Illegal chemical diversion of (PMA), trimethoxyamphetamine
Illegal Chemical controlled precursors and (TMA), lysergic acid diethylamine
Diversion of Controlled essential chemicals. (LSD), gamma
Precursors and hydroxyamphetamine (GHB),
Essential Chemicals. and those similarly designed or
SECTION 10: Any person who shall deliver, newly introduced drugs and their
Manufacture or possess with intent to deliver, or derivatives, without having any
Delivery of Equipment, manufacture with intent to deliver therapeutic value or if the
Instrument, Apparatus, equipment, instrument, quantity possessed is far beyond
and Other apparatus and other therapeutic requirements
Paraphernalia for paraphernalia for dangerous
Dangerous Drugs drugs, knowing, or under Otherwise,
and/or Controlled circumstances where one
 1. If the quantity of instrument, apparatus and other
methamphetamine hydrochloride paraphernalia in the practice of
or "shabu" is ten (10) grams or their profession, the Board shall
more but less than fifty (50) prescribe the necessary
grams; implementing guidelines thereof.
SECTION 13: Any person found possessing
2. If the quantities of dangerous Possession of any dangerous drug during a
drugs are five (5) grams or more Dangerous Drugs party, or at a social gathering or
but less than ten (10) grams of During Parties, Social meeting, or in the proximate
opium, morphine, heroin, cocaine Gatherings or Meetings company of at least two (2)
or cocaine hydrochloride, persons
marijuana resin or marijuana SECTION 14: Any person, who shall possess
resin oil, methamphetamine Possession of or have under his/her control any
hydrochloride or "shabu", or Equipment, Instrument, equipment, instrument,
other dangerous drugs such as, Apparatus and Other apparatus and other
but not limited to, MDMA or Paraphernalia for paraphernalia fit or intended for
"ecstasy", PMA, TMA, LSD, Dangerous Drugs smoking, consuming,
GHB, and those similarly During Parties, Social administering, injecting,
designed or newly introduced Gatherings or Meetings. ingesting, or introducing any
drugs and their derivatives, dangerous drug into the body,
without having any therapeutic during parties, social gatherings
value or if the quantity or meetings, or in the proximate
possessed is far beyond company of at least two (2)
therapeutic requirements; or persons.
three hundred (300) grams or SECTION 15: A person apprehended or
more but less than five (hundred) Use of Dangerous arrested, who is found to be
500) grams of marijuana; and Drugs. positive for use of any dangerous
drug, after a confirmatory test,
3. If the quantities of dangerous shall be imposed a penalty of a
drugs are less than five (5) minimum of six (6) months
grams of opium, morphine, rehabilitation in a government
heroin, cocaine or cocaine center for the first offense and if
hydrochloride, marijuana resin or apprehended using any
marijuana resin oil, dangerous drug for the second
methamphetamine hydrochloride time
or "shabu", or other dangerous SECTION 16: Any person, who shall plant,
drugs such as, but not limited to, Cultivation or Culture of cultivate or culture marijuana,
MDMA or "ecstasy", PMA, TMA, Plants Classified as opium poppy or any other plant
LSD, GHB, and those similarly Dangerous Drugs or regardless of quantity, which is or
designed or newly introduced are Sources Thereof. may hereafter be classified as a
drugs and their derivatives, dangerous drug or as a source
without having any therapeutic from which any dangerous drug
value or if the quantity may be manufactured or derived
If the land involved is part of the
possessed is far beyond
public domain
therapeutic requirements; or less
"financier", organizer and
than three hundred (300) grams
manager of any of the illegal
of marijuana.
activities
SECTION 12: Any unauthorized person who
Possession of possess or have under his/her
"Protector/coddler" of any violator
Equipment, Instrument, control any equipment,
of the provisions
Apparatus and Other instrument, apparatus and other
SECTION 17: any practitioner, manufacturer,
Paraphernalia for paraphernalia fit or intended for
Maintenance and wholesaler, importer, distributor,
Dangerous Drugs. smoking, consuming,
Keeping of Original dealer or retailer who violates or
administering, injecting,
Records of fails to comply with the
ingesting, or introducing any
Transactions on maintenance and keeping of the
dangerous drug into the body:
Dangerous Drugs original records of transactions
Provided, That in the case of
and/or Controlled on any dangerous drug and/or
medical practitioners and various
Precursors and controlled precursor and
professionals who are required to
Essential Chemicals. essential chemical
carry such equipment,
Art. 3 Dangerous Drugs Test and Record Requirements

Required Drug Test

1. Applicants for driver's license
2. Applicants for firearm's license and for permit to carry
firearms outside of residence
3. Students of secondary and tertiary schools
4. Officers and employees of public and private offices
5. Officers and members of the military, police and other
law enforcement agencies
6. All persons charged before the prosecutor's office
with a criminal offense having an imposable penalty of
imprisonment of not less than six (6) years and one
(1) day shall have to undergo a mandatory drug test;
and
7. All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test.