SPECIAL PENAL LAWS

I. Introduction Those who are not eligible for PAROLE under the Indeterminate
Distinguish mala in se and mala prohibita (RPC Art. 3) Sentence Law (Sec. 3)
mala (malum) in se mala (malum) prohibita Persons convicted of offenses punishable by:
Intent: criminal mind (relevant) Intent is irrelevant (it is the 1) Reclusion Perpetua
EFFECT that is relevant) 2) Those whose sentence would be reduced to Reclusion Perpetua
Presumed to have knowingly and
voluntarily acted Sec. 4 The Board of Pardon and Parole shall cause the
RPC SPL publication:
Penalty: reclusion perpetua, Penalty: life imprisonment, etc. at least one a week for three consecutive weeks in a newspaper
reclusion temporal, etc. of general circulation
Modifying circumstances can be General Rule: No Modifying of the names of persons convicted of offenses punished with
availed of circumstances reclusion perpetua or life imprisonment by reason of this Act
Varying participation: Principal, General Rule: Principal only who are being considered or recommend for commutation or
Accessory, Accomplice pardon
Stages: Consummated, General Rule: Consummated
Frustrated, Attempted Nothing herein shall limit the power of the President to grant
executive clemency under Section 19, Article VII of the Constitution.
General Rule: involves moral General Rule: does not involve
turpitude moral turpitude
Mala in se crime not B. Juvenile Justice and Welfare Act (R.A. 9344; R.A.
involving moral turpitude: 10630)
HOMICIDE
Definitions
II. Special Laws Affecting Liabilities and Penalties Best Interest of totality of the circumstances and conditions
A. Prohibition of Death Penalty (R.A. 9346) the Child most congenial to the survival, protection and
feelings of security of the child
Sec. 2 In lieu of death penalty, the following shall be imposed: most encouraging to the child's physical,
1) Reclusion Perpetua If the law violated MAKES USES of the psychological and emotional development
nomenclature of the penalties found in the RPC the least detrimental available alternative for
2) Life Imprisonment If the law violated DOES NOT MAKE USE safeguarding the growth and development of
of the nomenclature of the penalties found in the RPC the child
Child in - child who is alleged as, accused of, or
Conflict with adjudged as, having committed an offense
the Law (CICL) under Philippine laws.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 1

SPECIAL PENAL LAWS
Diversion - alternative, child-appropriate process of
determining the responsibility and
treatment of a child in conflict with the law
(CICL)
- basis: his/her social, cultural, economic,
psychological or educational background
- without resorting to formal court
proceedings
Diversion - the program that the child in conflict with the
Program law is required to undergo after he/she is
found responsible for an offense without
resorting to formal court proceedings.
Initial Contact - the apprehension or taking into custody of
With the Child a child in conflict with the law by law
enforcement officers or private citizens i.e.:
- Alleged CICL receiving a subpoena (Section
3b of Rule 112 of CrimPro Rules)
- Alleged CICL receiving summons (Section
6a or Section 9b in cases that do not require
preliminary investigation or there is no
necessity to place alleged CICL under
immediate custody)
Intervention - series of activities which are designed to
address issues that caused the child to
commit an offense
- may take the form of an individualized
treatment program
- like: counseling, skills training, education, and
other activities that will enhance his/her
psychological, emotional and psycho-social
well-being.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
Rights of the Child in Conflict with the Law (Sec. 5)
(a) the right not to be subjected to torture or other cruel, inhuman
or degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment
or life imprisonment, without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of
his/her liberty; detention or imprisonment being a disposition of
last resort, and which shall be for the shortest appropriate period
of time;
(d) the right to be treated with humanity and respect, for the
inherent dignity of the person, and in a manner which takes into
account the needs of a person of his/her age. In particular, a child
deprived of liberty shall be separated from adult offenders at all
times. No child shall be detained together with adult offenders.
He/She shall be conveyed separately to or from court. He/She
shall await hearing of his/her own case in a separate holding
area. A child in conflict with the law shall have the right to
maintain contact with his/her family through correspondence and
visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate
assistance, as well as the right to challenge the legality of the
deprivation of his/her liberty before a court or other
competent, independent and impartial authority, and to a
prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in his/her own behalf under the
rule on examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of
the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily
avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity
of the offense where his/her best interest, the rights of the
victim and the needs of society are all taken into
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SPECIAL PENAL LAWS
consideration by the court, under the principle of restorative
justice;
(k) the right to have restrictions on his/her personal liberty
limited to the minimum, and where discretion is given by law to
the judge to determine whether to impose fine or imprisonment,
the imposition of fine being preferred as the more appropriate
penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if
qualified under the Probation Law;
(n) the right to be free from liability for perjury, concealment or
misrepresentation; and
(o) other rights as provided for under existing laws, rules and
regulations.
Determination of Age (Sec. 7)
Theres presumption of minority
He/she shall enjoy all the rights of a CICL until proven to be 18
or older.
Age may be determined from: birth certificate, baptismal
certificate/any other pertinent documents; in the absence of
which: based on info from child himself, testimonies of other
persons, physical appearance of child and other relevant
evidence.
In case of doubt as to age: resolved in his or her favor.
Any person contesting age prior filing of Information person
may file a summary proceeding for determination of age before
the Family Court.
IMPORTANT AMENDMENTS to RA 9344 by RA 10630:
Minimum age of criminal responsibility: (Sec. 6)
- 15 years or under at the time of the commission of the
offense: exempt from criminal liability
- He shall be subjected to an intervention program (Sec. 20)
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
th
- Deemed 15 on the day of the 15 anniversary of his
birthdate (added portion of provision)
- IF ACTED WITHOUT DISCERNMENT: Child > 15 but < 18
yo: exempt from criminal liability + intervention program
- IF ACTED WITH DISCERNMENT: subjected to appropriate
proceedings
- Not exempted from civil liability.
Children Below the Age of Criminal Responsibility: (Sec. 20)
IF < 15 Y.O
Authority (in consultation with the local social welfare
and dev officer), has duty to immediately release child to
parents/guardian; childs nearest relative (in the absence
of parents/guardian); a duly registered NGO/religious
org/Barangay official/social welfare and dev
officer/DSWD (if no relative).
Subjected to a community-based intervention program
UNLESS best interest of the child requires referral to a
Bahay Pag-asa.
If child dependent/abandoned/neglected/abused by
parents, he shall be placed in a Bahay Pag-asa +
written authorization for the voluntary commitment
of the child. Otherwise, proper petition for
involuntary commitment shall be immediately filed
by the DSWD.
Minimum age for children committed to a Bahay Pag-
asa: 12 y.o.
Serious Crimes Committed by Children Who Are Exempt from
Criminal Responsibility (Sec. 20-A)
- CRIMES involved: parricide, murder, infanticide,
kidnapping, and serious illegal detention where victim is
killed or raped, robbery with homicide or rape, destructive
arson, rape, or carnapping where driver or occupant is killed
or raped, offenses under Comprehensive DDA (RA 9165)
punishable by more than 12 years of imprisonment
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SPECIAL PENAL LAWS
- Child who commits any of the above crimes: 12 y.o.-15y.o.
= neglected child.
- He shall be mandatorily placed in a special facility: Bahay
Pag-asa called the Intensive Juvenile Intervention and
Support Center (IJISC).
- Proper petition for involuntary commitment under IJISC to be
filed by the local social welfare and development officer of
LGU where offense committed/DSWD social worker w/in 24
hours from receipt of report on alleged commission --> Court
shall decide on petition w/in 72 hours --> determine initial
period of placement of child with the IJISC which shall not
be less than 1year. Case study and progress reports shall
be submitted with the court so it can decide whether
Child has successfully completed the intervention
program + reintegration OR
Theres a need for continuation of such rehabilitation.
Repetition of Offenses (Sec. 20-B)
Also deemed a neglected child:
- Child above 12 y.o. up to 15 y.o
nd
- Commits an offense for the 2 time or oftener
- Child previously subjected to intervention program
Neglected child to undergo an intensive intervention
program
IF best interest of the child requires that he be placed in a
Bahay Pag-asa then:
Written authorization for voluntary commitment
signed by parents/guardian
IF guardian/parent absent/ they refuse to execute
authorization: involuntary commitment to be filed by
DSWD
Exploitation of Children for Commission of Crimes (Sec. 20-C)
- Any person who: OR any person who abuses his authority
over the child
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
- In the commission of a crime;
- Makes use, takes advantage of, or profits from the use of
children OR with abuse of confidence, takes advantage of
the vulnerabilities of the child and shall induce/threaten or
instigate the commission of the crime
- PUNISHED BY: penalty of the crime committed in its
max. period.
Important part of Joint Parental Responsibility (Sec. 20-D)
- Parents liable for damages
- UNLESS they prove, to the satisfaction of the court that:
They were exercising reasonable supervision over the
child at the tie the child committed the offense and
exerted reasonable effort and utmost diligence to
prevent or discourage the child from committing another
offense.
Duties during initial investigation (Sec. 22)
Law enforcement officer: determine where case involving
the CICL should be referred
Taking of the statement of child to be conducted in the
presence of the following:
Childs counsel of choice; PAO lawyer in the absence of
former
Parents/guardian/nearest relative
Local social welfare and development officer
In the absence of parents/guardian/relative: NGO
representative/religious group/BCPC member
Social worker: initial assessment to determine appropriate
interventions:
IF CHILD 15 below OR above 15/below 18 + w/o
discernment: PROCEED WITH SECTION 20
IF CHILD above 15/below 18 + w/ discernment:
PROCEED TO DIVERSION
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SPECIAL PENAL LAWS
Preliminary Investigation and Filing of Information (Sec. 33)
Prosecutor will conduct a P.I. in the ff instances:
1. CICL does not qualify for diversion
2. Child + parents/guardian do not agree to diversion
3. Prosecutor determines that diversion is not appropriate
Upon serving subpoena + affidavit of complaint > notify the
PAO of such service, personal info and place of detention of
CICL
Upon determination of probable cause > Information shall be
filed against the child before the Family Court w/in 45 days
from start of P.I. Information must allege that child acted
with discernment
Violations of Local Ordinances (Sec. 57)
- Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense
and shall not be punished if committed by a child.
- No penalty shall be imposed on children on the following
violations:
Curfew violations, truancy, parental disobedience, anti-
smoking and anti-drinking laws, as well as light offenses
and misdemeanors against public order or safety
(disorderly conduct, public scandal, harassment,
drunkenness, criminal nuisance, vandalism, gambling,
mendicancy, littering, public urination and trespassing.
- They shall instead be brought to their residence or to any
barangay official to be released to the custody of their
parents.
- Appropriate intervention programs shall be provided; child
shall be recorded as a child at risk and not as a CICL.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
Procedure for Taking the Child into Custody (Sec. 21)
DOs
- Explain to the child in simple language why he is under custody
and the offense he allegedly committed
- Inform the reason for custody and advise of his constitutional rights
- Refrain from using vulgar words or making sexual advances on the
CICL
- Determine the age of child
- Immediately, but not later than 8 hours after apprehension, turn
over custody to the Social Welfare Development Office.
- Take the Child immediately to proper medical and health office
- Ensure that child be secured in quarters separate from that of the
opposite sex and adult offenders
- Ensure that all statements signed by the child during investigation
shall be witnessed by the child's parents or guardian, social
worker, or legal counsel in attendance who shall affix his/her
signature to the said statement
- Record the following:
1. Whether handcuffs or other instruments of restraint were
used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the
PAO have been informed of the apprehension and the
details thereof; and
3. The exhaustion of measures to determine the age of a child
and the precise details of the physical and medical
examination or the failure to submit a child to such
examination
DONTs
- Display or use any firearm, weapon, handcuffs or other
instruments of force or restraint
- Subject the CICL to greater restraint than is necessary
- Use violence or unnecessary force
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o A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender and shall not be locked
up in a detention cell.
DIVERSION (Sec. 23)
Imposable penalty for crime committed not more than 6
years imprisonment: law enforcement officer or Punong
Brgy shall conduct mediation, family conferencing and
conciliation + adopt indigenous modes of conflict
resolution
Victimless crimes with penalty of not more than 6 years:
local social welfare and development officer shall meet with
child and parents for the development of appropriate
diversion/rehab program
Imposable penalty exceeds 6 years: diversion measures
may be resorted to only by the court.
Stages Where Diversion May be Conducted (Sec. 24)
Diversion may be conducted at the Katarungang Pambarangay, the
police investigation or the inquest or preliminary investigation stage
and at all levels and phases of the proceedings including judicial
level.
Contract of Diversion (Sec. 26)
- If during the conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a diversion
program shall be developed when appropriate and desirable
as determined under Section 30.
- Such admission shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative
proceedings. The diversion program shall be effective and
binding if accepted by the parties concerned.
- The diversion proceedings shall be completed within forty-
five (45) days. The period of prescription of the offense shall
be suspended until the completion of the diversion
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
proceedings but not to exceed forty-five (45) days.
- The child shall present himself/herself to the competent
authorities that imposed the diversion program at least once
a month for reporting and evaluation of the effectiveness of
the program.
- Failure to comply with the terms and conditions of the
contract of diversion, as certified by the local social welfare
and development officer, shall give the offended party the
option to institute the appropriate legal action.
- The period of prescription of the offense shall be suspended
during the effectivity of the diversion program, but not
exceeding a period of two (2) years.
Duty of the Punong Barangay When There is No Diversion (Sec.
27)
If the offense does not fall under Section 23(a) and (b), or if the child,
his/her parents or guardian does not consent to a diversion, the
Punong Barangay handling the case shall, within three (3) days from
determination of the absence of jurisdiction over the case or
termination of the diversion proceedings, as the case may be,
forward the records of the case of the child to the law enforcement
officer, prosecutor or the appropriate court, as the case may be.
Upon the issuance of the corresponding document, certifying to the
fact that no agreement has been reached by the parties, the case
shall be filed according to the regular process.
Duty of the Law Enforcement Officer When There is No
Diversion (Sec. 28)
If the offense does not fall under Section 23(a) and (b), or if the child,
his/her parents or guardian does not consent to a diversion, the
Women and Children Protection Desk of the PNP, or other law
enforcement officer handling the case of the child under custody, to
the prosecutor or judge concerned for the conduct of inquest and/or
preliminary investigation to determine whether or not the child should
remain under custody and correspondingly charged in court. The
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SPECIAL PENAL LAWS
document transmitting said records shall display the word "CHILD" in
bold letters.
Factors in determining diversion program: (Sec. 29)
- Nature and circumstances of offense charged
- Frequency and severity of the act
- Circumstances of child
- Influence of family and environment on the growth of the
child
- Reparation of injury to victim
- Weight of evidence against the child
- Safety of the community
- Best interest of the child
Kinds of diversion programs: (Sec. 31)
- Include adequate socio-cultural and psychological responses
and services for the child
- May be resorted to at the level of the punong barangay (ie
restitution of property, reparation, indemnification, written or
oral apology, care/guidance and supervision orders,
counseling),, of the law enforcement officer and prosecutor
(i.e. same as those at the punong barangay level,
confiscation and forfeiture of the proceeds) and, at the level
of the appropriate court (same as those at punong barangay
and law enforcement levels, written or oral reprimand, fine,
payment of cost of proceedings, or institutional care and
custody
Bail (Sec. 34) For purposes of recommending amount of bail:
minority is a privileged mitigating circumstance.
Release on recognizance (Sec. 35) When child detained, the court
shall order:
- The release of minor on recognizance to his parents and
other suitable person
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
- Release on bail
- Transfer of the minor to a youth detention home
Court shall not order detention of a child in jail pending trial.
Detention of the Child Pending Trial (Sec. 36)
Apart from those provided under Section 35:
- Detention may be replaced by alternative measures, such
as:
Close supervision
Intensive care
Placement with a family or in an educational setting or
home.
- When detention necessary:
Child will always be detained in youth detention homes
established by LGUs.
Diversion Measures (Sec. 37)
Where max penalty imposed for the offense the CICL is charged with
is not more than 12 years, regardless of fine; before arraignment >
court shall determine w/n diversion is appropriate.
Automatic suspension of sentence: (Sec. 38)
- Child under 18 found guilty > court shall determine civil
liability
- Court shall place CICL under suspended sentence (and
not judgment of conviction) w/o need of application
- Suspension of sentence shall still be applied even if the
juvenile is already 18 + at the time of pronouncement of guilt.
Discharge of the CICL (Sec. 39)
- Upon recommendation of social worker > court shall dismiss
the case > order final discharge of the child IF
It finds that the objective of the disposition measures
have been fulfilled
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SPECIAL PENAL LAWS
- Discharge of CICL shall not affect the civil liability resulting
from the commission of the offense.
Return of the CICL to Court (Sec. 40)
- If court finds that the objective of the disposition measures
imposed upon CICL have not been fulfilled OR
- CICL has willfully failed to comply with the conditions of his
rehab program
he shall be brought before the court for execution of
judgment
- If CICL reached 18 yo + suspended sentence > court shall
determine:
Whether to discharge
Order execution of sentence OR
Extend suspended sentence (for a specified period OR
until CICL reaches 21)
Credit in Service of Sentence (Sec. 41) CICL shall be credited in
the services of his sentences with the full time spent in actual
commitment and detention
Probation as an Alternative to Imprisonment (Sec. 42)
- Court may after conviction + application, place CICL on
probation in lieu of service of sentence.
Confidentiality of Records and proceedings (Sec. 43)
All records and proceedings involving CICL from initial contact until
final disposition of the case shall be considered privileged and
confidential.
- No child shall be received in any rehab or training facility without
a valid order issued by the court after a hearing for the
purpose.
- In all rehab or training facilities, it shall be mandatory that
children shall be separated from adults unless:
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
o They are members of the same family.
Female Children in conflict with the law (Sec. 47)
- given special attention as to their personal needs and
problems
- handled by female doctors, correction officers and social
workers
- accommodated separately from male children in conflict with
the law.
Confinement of Convicted Children in Agricultural Camps and
other training facilities (Sec. 51) A CICL (conviction + order of the
court) > may be made to serve his sentence in lieu of confinement, in
an agricultural camp (and other training facilities) > established and
supervised by BuCor + DSWD,
Rehab of CICL (Sec. 52)
CICL with suspended sentences may undergo any or combination of
disposition measures best suited to the welfare of the child.
Exemption from Application of Death Penalty (Sec. 59)
The provisions of the RPC, RA 9165 and other SPL, no death
penalty shall be imposed upon CICL.
Prohibition Against Labeling and Shaming (Sec. 60)
- In the conduct of proceedings beginning from the initial
contact with the child
- Competent authorities must:
Refrain from branding or labeling children as young
criminals, juvenile delinquents, prostitutes, or
attaching to them in any manner any other
derogatory names.
No discriminatory remarks and practices shall be
allowed particularly with respect to the childs class or
ethnic origin.
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Other prohibited acts (Sec. 61)
- Employment of threats of whatever kind and nature
- Employment of abusive, coercive and punitive measures
such as cursing, beating, stripping and solitary
confinement
- Employment of degrading, inhuman and cruel forms of
punishment such as shaving the heads, pouring irritating,
corrosive or harmful substances over the body of the
CICL/forcing him to walk around the community wearing
signs which embarrass, humiliate and degrade his
personality and dignity.
- Compelling the child to perform involuntary servitude in
any and all forms under any and all circumstances
Violation of the Provisions of this Act or Rules or Regulations in
General (Sec. 62)
Any person who violates any provision of this Act or any rule or
regulation promulgated in accordance thereof shall, upon conviction
for each act or omission, 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 suffer imprisonment of not less
than eight (8) years but not more than ten (10) years, or both
such fine and imprisonment at the discretion of the court,
unless a higher penalty is provided for in the Revised Penal
Code or special laws. If the offender is a public officer or employee,
he/she shall, in addition to such fine and/or imprisonment, be held
administratively liable and shall suffer the penalty of perpetual
absolute disqualification.
C. Indeterminate Sentence Law (Act 4103)
Note:
There is a need to specify the minimum and maximum periods of
the Indeterminate Sentence Law.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin
Imposition of the Indeterminate Sentence in all criminal
offenses is MANDATORY with the definite minimum and
maximum terms, whether punishable by the RPC or by special
penal laws.
o Provided that the imprisonment would exceed more than
1 year and only when the ISL would be favorable to the
accused.
Mitigating and Aggravating circumstances are ONLY considered
in the imposition of the maximum terms of the indeterminate
sentence. They are NOT considered in fixing the minimum.
[Reyes citing People v. De Joya and People v. Gonzales, 796-
797].
The minimum penalty is within the discretion of within the range
of the next lower penalty (if RPC) and within the prescribed
penalty (if Special Law).
Sentence in the ISL (Sec. 1)
Penalty imposed by the RPC Penalty Imposed by Special
Penal Law
MAXIMUM TERM
That which could be properly Must not exceed the maximum
imposed under the RPC, term fixed by the said law.
considering the aggravating
and mitigating circumstances
MINIMUM TERM
Within the range of the penalty Must not be less than the
one degree lower than that minimum term prescribed by
prescribed by the RPC without the same.
considering the circumstances.
NOTES
When there is a privilege For Special Laws, it is anything
mitigating circumstance, so that within the inclusive range of the
the penalty has to be lowered prescribed penalty.
by one degree, the starting
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SPECIAL PENAL LAWS

point for determining the The Courts are given discretion Note:
minimum term of the in imposition of the Habitual Delinquent A person, who within a period of 10 yers
Indeterminate penalty is would Indeterminate penalty within the from the date of his (last) release or last conviction of the crimes
be two degrees lower than that range. of (1) serious or less serious physical injuries, (2) robo, (3) hurto,
prescribed by the Code for the (4) estafa, or (5) falsification, is found guilty of any of said crimes
offense. (One degree lower The aggravating and mitigating a third time or oftener [Sec. 5, Art. 65, Reyes, 733].
after applying the mitigating circumstances are not Recidivism or Habituality The offender has been previously
circumstance) [People v. considered unless the special punished for an offense to which the law attaches an equal or
Gonzales] law adopts the same greater penalty or for two or more crimes to which it attaches a
terminology for the penalties as lighter penalty [Sec. 10, Art. 14, Reyes, 395].
those used in the RPC. Recidivist A person at the time of his trial for one crime, shall
have been previously convicted by final judgment of another
When is the Benefit of the ISL NOT APPLICABLE (Sec. 2): crime embraced in the same title of the RPC [Sec. 9, Art. 14,
The Indeterminate Sentence Law shall not apply to the following Reyes, 392].
persons: Recidivists are entitles to an indeterminate sentence [People v.
1) Maximum term of imprisonment ACTUALLY IMPOSED does Jaramilla, G.R. No. L-28547, February 22, 1974].
not exceed 1 year; Offender is not disqualified to avail of the benefits of the law
2) Offenses punished with death penalty or life-imprisonment; even if the crime is commited while he is on parole. [People v.
3) Convicted of treason, conspiracy or proposal to commit Calreon, CA 78 O.G. 6701, November 19, 1982]
treason;
4) Convicted of misprision of treason, rebellion, sedition or Release of Prisoner on Parole (Sec. 5)
espionage; The Board of Indeterminate Sentence may authorize the release of a
5) Convicted of piracy; prisoner on parole:
6) Habitual delinquents; 1. upon such terms and conditions as prescribed
7) Those who have escaped from confinement or evaded 2. after he shall have served the minimum penalty imposed on
sentence; him,
8) Those been granted conditional pardon by the Chief Executive 3. provided that it shall appear to the Board from the reports of
and shall have violated the terms thereof the prisoners work and conduct and from the study and
9) Those who, upon the approval of the law (December 5, 1933), investigation made by the Board that:
had been sentenced by final judgment. (Reyes, 812) a. Such prisoner is fitted by his training for release;
10) Sentence to the penalty of destierro or suspension only b. There is reasonable probability that he will live and
(Reyes, 812) remain at liberty without violating the law; and
c. Such release will not be incompatible with the welfare
of society.

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SPECIAL PENAL LAWS
Note: Based on the wording of the law, it is discretionary upon the
Board even if the prisoner has served the minimum sentence. He
may continue to serve until the end of the maximum period.
Entitlement of Final Release and Discharge (Sec. 6)
During the period of surveillance, such paroled prisoner shall:
1. Show himself to be a law-aiding citizen;
2. Shall not violate any law.
Sanction for Violation of Conditions of the Parole (Sec. 8)
When the paroled prisoner shall violate any of the conditions of his
parole:
1. The Board may issue an order for his arrest which may be
served in any part of the Philippines by any police officer; and
2. The prisoner shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to
prison.
Illustration of the ISL
1. Under the RPC
If penalty imposed is reclusion temporal upon A for committing
homicide:
1. No mitigating or aggravating circumstance
i. Maximum Term reclusion temporal imposed in
the medium period.
ii. Minimum Term anywhere within the range of
prision mayor, being the penalty next lower than
reclusion temporal.
2. One mitigating circumstance
i. Maximum Term reclusion temporal imposed in
the minimum period.
ii. Minimum Term anywhere within the range of
prision mayor without reference to any of its
period.
3. One aggravating circumstance
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 11
i. Maximum Term reclusion temporal imposed in
the maximum period.
ii. Minimum Term anywhere within the range of
prision mayor without reference to any of its
period.
4. One privilege mitigating or two mitigating circumstances
i. Maximum Term prision mayor imposed in the
medium period.
ii. Minimum Term anywhere within the range of
prision correcional.
2. Under Special Law
A is convicted of illegal possession of firearms punishable by 1
year and 1 day to 5 years of imprisonment
a. Maximum Term shall not exceed 5 years as fixed by law
Minimum Term shall not be less than the minimum period of 1
year and 1 day as prescribed by law.
D. Probation Law (P.D. 968; P.D. 1257)
Definition
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.
APPLICATION FOR PROBATION
When can defendant appeal?
After conviction and sentencing of a defendant within the period
of perfecting an appeal, but if the defendant has perfected the
appeal from the judgment of conviction, no application for
probation shall be entertained or granted.
o An application for probation shall be filed with the trial
court. The filing of the application shall be deemed a
waiver of the right to appeal.
SPECIAL PENAL LAWS
o Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only.
o An order granting or denying probation shall not be
appealable.
What happens after applying for probation?
Post-sentence Investigation
o Investigation by the probation officer and determination
by the court
Submission of Investigation Report
o Probation officer shall submit to the court the
investigation report on a defendant not later than sixty
days from receipt of the order of said court to conduct
the investigation.
o The court shall resolve the application for probation not
later than fifteen days after receipts of said report.
What is the criteria for placing an offender in probation?
The court shall consider all aspects of the offenders life (i.e.,
character, environment, mental and physical condition, available
institutional and community resources, etc.)
Probation shall be denied if the court finds that:
o The offender is in need of correctional treatment (better
provided by his commitment to an institution); or
o There is undue risk the offender will commit another
crime during probation period; or
o Probation will depreciate the seriousness of the offense
committed.
Who are disqualified from availing the benefits of probation?
Those:
sentenced to serve a maximum term of imprisonment of more
than six years;
convicted of subversion or any crime against the national
security or the public order;
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 12
who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than Two Hundred Pesos.
who have been once on probation under the provisions of this
Decree; and
who are already serving sentence on January 3, 1978 (Sec. 33
When substantive provisions took effect.)
What are the conditions of probation?
Conditions in probation order:
Present himself to his probation officer designated to undertake
his supervision at a place specified in the order within 72 hours
from receipt of said order;
Report to his probation officer at least once a month at such time
and place as specified by said officer.
The court may require additional conditions. (See Sec. 10 of this PD)
What happens after application for probation is granted?
A probation order shall take effect upon its issuance.
Issuance - time when the court informs offender of the
consequences thereof and explain that failure to comply with any
of the conditions prescribed in the probation order or his
commission of another offense, he shall serve the penalty
imposed for the offense under which he was placed on
probation.
During the period of probation, the court may revise or modify
the conditions or period of probation upon application of
probationer or probation officer. The Court must notify both of
them of the application of the other for opportunity to be heard.
Change in the period or conditions of probation - court shall
inform in writing both probation officer and probationer.
Probationer and his probation program shall be under the control
of the court who placed him on probation subject to actual
supervision and visitation by a probation officer.
SPECIAL PENAL LAWS
Probationer is permitted to reside in a place under the jurisdiction
of another court - control over him shall be transferred to the
Executive Judge of the Court of First Instance of that place
o a copy of the probation order, the investigation report
and other pertinent records shall be furnished said
Executive Judge.
SENTENCE PERIOD OF PROBATION
Imprisonment 1 year Shall not exceed 2 years
or less
More than a year Shall not exceed 6 years
Fine only with Shall not be less than nor be more than
subsidiary twice the total number of days of subsidiary
imprisonment in case imprisonment as computed at the rate
of insolvency established in Art 39* of RPC.
* If penalty imposed is fine only, and grave
or less grave offense subsidiary
imprisonment < 6 months. But when the
offense is light, subsidiary imprisonment <
15 days.
What happens when probationer violates conditions?
Court may issue a warrant for the arrest of a probationer for
violation of any of the conditions of probation.
Once arrested and detained, probationer shall immediately be
brought before the court for a summary hearing.
The defendant may be admitted to bail pending such hearing.
The court may revoke or continue his probation and modify the
conditions thereof.
o If revoked, the court shall order the probationer to serve
the sentence originally imposed.
o An order revoking or modifying the terms and conditions
of probation shall not be appealable.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 13
What happens at the termination of probation?
Termination shall operate to restore to him all civil rights lost or
suspend as a result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for which probation
was granted.
E. Subsidiary Penalty (R.A. 10159)
When may subsidiary penalty be imposed? (Art. 39)
If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the Art. 38, he shall be subject to a
subsidiary personal liability at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction
by the trial court
No subsidiary penalty for nonpayment of other pecuniary
liabilities only applicable to fines.
As Art. 39 is worded, there is no subsidiary penalty for nonpayment
of (1) reparation of the damages cause; (2) indemnification of the
consequential damages; and the costs of proceedings. (Reyes,
648)
Notes:
A person may not chose to serve the subsidiary penalty instead of
paying for the fine when he has enough property to meet the fine
which are not exempt from execution [People v. Dacuycuy, Reyes
648].
An accused cannot be made to undergo subsidiary imprisonment
unless the judgment EXPRESSLY so provides [People v. Fajardo,
Reyes, 649]
SPECIAL PENAL LAWS
Rules to Subsidiary Imprisonment:
1. If the principal penalty imposed be prision correcional or
arresto and fine subsidiary imprisonment shall:
a. not exceed 1/3 of the term of the sentence, and
b. in no case shall it continue for more than one year, and
c. Fraction of a day, not counted against the prisoner
Note:
subsidiary imprisonment 1/3penalty 365
max penalty in prision correcional is 3 years or less, if
not the 1 year subsidiary imprisonment shall apply
2. When the principal penalty imposed be only a fine the
subsidiary imprisonment shall
a. Not exceed 6 months, if the culprit shall have been
prosecuted for a grave or less grave felony
b. Not exceed 15 days, if for a light felony.
3. When the principal penalty imposed is higher than prision
correccional, no subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is NOT to be executed by
confinement in a penal institution, but such penalty is of fixed
duration subsidiary penalty shall consist in the same
deprivations as those of the principal penalty under the same
rules as in No. 1, 2, and 3 above.
Note (Reyes, 636):
If the penalty is imprisonment, the subsidiary penalty
must be imprisonment
If the penalty imposed is destierro, the subsidiary
penalty shall also be destierro.
5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 14
from the fine in case his financial circumstances should
improve.
F. Preventive Imprisonment (R.A. 10592)
Art. 29 Period for Preventive Imprisonment
Notes:
Rules on preventive imprisonment applies to all sentences
regardless of the duration thereof, including the so-called
perpetua penalties as long as they involve deprivation of liberty.
It applies to destierro [People v. Bastasa, G.R. No. L-32792,
February 2, 1979]
The accused undergoes preventive imprisonment when the
offense charged is nonbailable, or even if bailale, he cannot
furnish the required bail [Reyes, 631].
[Important] Under Art. 197 of the Child and Youth Welfare Code,
the youthful offender shall be credited in the service of his
sentence with the full time he spent in actual confinement and
detention. It is no necessary that he agreed to abide by the
disciplinary rules imposed upon convicted prisoners [Reyes, 631-
632].
When is the DETENTION PRISONER entitled to the full credit of
his preventive imprisonment?
When the detention prisoner agrees voluntarily in writing after
being informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed upon
convicted prisoners.
When will he be credited only with 4/5 the time during which he
has gone preventive imprisonment?
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall do
so in writing with the assistance of a counsel.
SPECIAL PENAL LAWS

Provided, finally, That recidivists, habitual delinquents,

Instances when Art. 29 would not apply whether full or 4/5
credit:
1. When they are recidivists, or have been convicted previously
twice or more times of any crime; and
2. When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily.
escapees and persons charged with heinous crimes are
excluded from the coverage of this Act.
In case the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after 30 days of
preventive imprisonment.

Note: G. Good Conduct Time Allowance and other Allowances

No. 1 includes Habitual Delinquents as they are necessarily a (R.A. 10592)
recidivist or that at least he has been convicted previously twice
or more times of any crime [People v. Gona, Reyes, 635] Art. 97: Allowance for Good Conduct
No. 2 refers to convicts who failed to voluntarily surrender to Who may avail of allowance for good conduct?
serve their penalties under a final judgment. The law says when 1. Any offender qualified for credit for preventinve imprisonment
upon being summoned for the execution of their sentence. pursuant to Article 29 of this Code
Thus, it does not refer to failure or refusal to voluntarily surrender 2. Any convicted prisoner in any penal institution, rehabilitation or
after the commission of the crime. detention center or any other local jail
Credit for preventive imprisonment for the penalty of reclusion
perpetua shall be deducted from 30 years. Rules regarding the deductions for good conduct from the
period of his sentence:
Whenever an accused has undergone preventive imprisonment for a Duration of Imprisonment # of Days of Deduction for
period equal to the possible maximum imprisonment of the offense EVERY MONTH of good
charged to which he may be sentenced and his case is not yet behavior during detention
terminated, he shall be released immediately without prejudice to 1-2 years 20 days for each month
the continuation of the trial thereof or the proceeding on appeal, 3-5 years 23 days
if the same is under review. 6-10 years 25 days
11 yrs and onwards 30 days
Computation of preventive imprisonment for purposes of immediate 15 days, in addition to the above for each month of study, teaching
release under this paragraph shall be the actual period of detention or mentoring service time rendered.
with good conduct time allowance:
An appeal by the accused shall not deprive him of entitlement to the
Provided, however, That if the accused is absent without above allowances for good conduct.
justifiable cause at any stage of the trial, the court may motu
proprio order the rearrest of the accused:

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 15

SPECIAL PENAL LAWS
Art. 98: Special Time Allowance for Loyalty
A deduction of 1/5 of the period of his sentence shall be granted to
any prisoner who,
1. Having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158
of this Code,
2. Gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of
the calamity or catastrophe referred to in said article.
A deduction of 2/5 of the period of his sentence shall be granted:
1. If the said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
Note:
Art. 98 shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence [Codal]
Deduction of 1/5 is based on the original sentence [Reyes, 896]
Art. 99: Who Grants Time Allowance
Whenever lawfully justified, the following shall grant allowances for
good conduct:
1. Director of Bureau of Corrections
2. Chief of the Bureau of jail Management and penology, and/or
3. Warden of a provincial district, municipal or city jail.
Such allowance once granted shall not be revoked.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 16
H. Obstruction of Justice (P.D. 1829)
Offender: Any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of suspects and
the investigation and prosecution of criminal cases
Acts Punished:
(a) preventing witnesses from testifying in any criminal proceeding
or from reporting the commission of any offense or the identity
of any offender/s by means of bribery, misrepresentation,
deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper,
record, document, or object, with intent to 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 the investigation of, or official proceedings in,
criminal cases;
(c) 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 existing penal laws
in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a
crime, evading prosecution or the execution of a judgment, or
concealing his true name and other personal circumstances for
the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the
service of process or court orders or disturbing proceedings in
the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or
object with knowledge of its falsity and with intent to affect the
course or outcome of the investigation of, or official
proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or impeding the
prosecution of a criminal offender;
SPECIAL PENAL LAWS

(h) threatening directly or indirectly another with the infliction of any

wrong upon his person, honor or property or that of any Fencing ELEMENTS: (Enumeration from Dimat)
immediate member or members of his family in order to 1. A robbery or theft has been committed
prevent such person from appearing in the investigation of, or 2. Accused, who did not take part in the robbery or theft,
official proceedings in, criminal cases, or imposing a condition, shall buy, receive, possess, keep, acquire, conceal,
whether lawful or unlawful, in order to prevent a person from sell or dispose of, or shall buy and sell, or in any other
appearing in the investigation of or in official proceedings in, manner deal in any article, item, object taken
criminal cases; 3. Accused knows, or should have known, that the thing
(i) giving of false or fabricated information to mislead or prevent the or object was derived from the proceeds of the crime
law enforcement agencies from apprehending the offender or of robbery or theft.
from protecting the life or property of the victim; or fabricating 4. Accused has intent to gain for himself or for another.
information from the data gathered in confidence by
investigating authorities for purposes of background PENALTIES:
information and not for publication and publishing or Value of Property involved Penalty
disseminating the same to mislead the investigator or to the > 22,000 pesos Prision Mayor Maximum - adding one
court. year for each additional 10,000
pesos, but total penalty should not
Penalty for any of the acts punished: prision correccional in its exceed 20 years (which is reclusion
maximum period, or a fine ranging from 1,000 to 6,000 pesos, or temporal)
both > 12,000 < 22,000 pesos Prision Mayor
BUT if any of the acts mentioned herein is penalized by any > 6,000 < 12,000 pesos Prision Correccional Medium and
other law with a higher penalty, the higher penalty shall be Maximum
imposed > 200 < 6,000 pesos Prision Correccional Minimum and
- Perpetual disqualification from holding public office + penalty Medium
imposed if committed by a public official or employee > 50 < 200 pesos Arresto Mayor in its Medium to
Prision Correccional in its Minimum
I. Fencing (P.D. 1612) > five (5) < 50 pesos Arresto Mayor in its Medium
< 5 pesos Arresto Mayor in its Minimum
Definitions
Fence Any person, firm, association corporation or partnership SHORT NOTES:
or other organization who/which commits the act of The Fence is a partnership, firm, corporation or association
fencing. o The president or the manager or any officer who knows
or should have known the commission of the offense
shall be liable.
Mere possession object, which has been the subject of robbery

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 17

SPECIAL PENAL LAWS

or thievery shall be prima facie evidence of fencing. Start of Prescription (Sec. 2)

All stores, establishments or entities dealing in the buy and sell Prescription shall begin to run from:
of any good, article item, object or anything of value obtained 1. The day of the commission of the violation of the law, and
from an unlicensed dealer or supplier shall, before offering the 2. If the same be not known at the time, from the discovery
same for sale to the public, secure the necessary clearance or thereof and the institution of judicial proceeding for its
permit from the station commander of the PNP in the town or city investigation and punishment.
where such store, establishment or entity is located.
Interruption of Prescription (Sec. 2)
J. Prescription (Act 3326) Prescription shall be interrupted
1. When proceedings are instituted against the guilty person,
When is a special act? (Sec. 3) 2. It shall begin to run again if the proceedings are dismissed for
Special acts shall be acts defining and penalizing violation of reasons not constituting jeopardy.
the law not included in the RPC. Violation of law na wala sa
RPC. Note: The running of the prescription of an offense punished by a
special law is NOT TOLLED BY THE ABSENCE OF THE
Acts in Violations Penalized by Special Laws shall prescribe OFFENDER FROM Philippine soil [Romualdez v. Marcelo, G.R. No.
(Sec. 1): 165510-33, July 28, 2006].
Offenses punishment by Prescriptive Period
imprisonment
If only by a fine, or 1 year
Imprisonment for not more
than one month, or
Both
Imprisonment of More than 1 4 years
month but less than 2 years
2 years or more, but less than 6 8 years
years
6 years or more 12 years
Violations penalized by municipal 2 months
ordinances
Violations of any law or part of 5 years
law administered by the BIR

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 18

SPECIAL PENAL LAWS
III. Humanitarian and Human Rights Law
A. Anti-Torture (R.A. 9745)
ACTS PUNISHED OFFENDERS
Section 4: Acts of Torture Section 13: Who are
1. Physical Torturetreatment or punishment Criminally Liable
inflicted by a person in authority or agent of a PRINCIPALS:
person in authority upon another in his/her (1) Any person who
custody that causes severe pain, exhaustion participated, or induced
disability, or dysfunction of one or more parts of another in the commission
the body of torture or other cruel,
a. Systematic beating, head banging, inhuman and degrading
punching, kicking, striking with objects treatment or punishment
and jumping on the stomach (2) Any person who cooperated
b. Food Deprivation of forcible feeding with in the execution of the act of
spoiled food, animal or human excreta torture or other cruel,
and other stuff or substances not inhuman and degrading
normally eaten treatment
c. Electric Shock (3) Any superior military, police
d. Cigarette Burning; burning by electrically or law enforcement officer
heated rods, hot oil, acid; by rubbing of or senior government
pepper or other chemical substances on official who orderd any
mucous membranes, or acids or spices lower ranking personnel to
directly on the wound commit torture for whatever
e. Submersion of the head in water or purpose
water polluted with excrement, urine, (4) Any immediate
vomit and/or blood until the brink of commanding officer of the
suffocation; unit concerned (AFP) or the
f. Being tied or forced to assume fixed and immediate senior public
stressful bodily position; official (PNP) and other law
g. Rape and sexual abuse, including the enforcement agencies
insertion or foreign objects into the sex a. Any act or omission, or
organ or rectum, or electrical torture of negligence committed by
the genitals; him that led, assisted,
h. Mutilation or amputation of the essential abetted or allowed,
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 19
PENALTIES OTHERS
Section 14: Penalties Section 15: Torture shall
(1) Reclusion Perpetuaif not be absorbed by any
the torture led to other felony committed as
a. Death of any person a consequence or as a
b. Mutilation means in the conduct or
c. With Rape commission thereof. It
d. With other forms of shall be treated
sexual abuse and in Separately and as an
consequence of the Independent Crime
act, the victim shall
have become Section 16: Acts of
insane, imbecile, Torture shall not benefit
impotent, blind or from any special amnesty
maimed for life law or similar measures
e. Committed against that will have the effect of
children exempting them from any
(2) Reclusion Temporal criminal proceedings or
if act of sanctions
mental/psychological
torture resulted in
a. Insanity
b. Complete or partial
amnesia
c. Fear of becoming
insane
d. Suicidal tendencies of
the victim due to guilt,
worthlessness or
shame
(3) Prision Mayor (med-
max)if the
SPECIAL PENAL LAWS

parts of the body such as the genitalia, directly or indirectly, the consequence of torture
ear, tongue, etc. commission by his/her led the victim to:
i. Dental torture or the forced extraction of subordinates a. Lost of power of
the teeth; b. If he had knowledge of or speech; hear; smell
j. Pulling out of fingernails; owing to the b. Lost of an eye, hand,
k. Harmful exposure to the elements such circumstances at the time, foot, arm, leg
as sunlight and extreme cold; should have known that c. Lost of the use of any
l. Use of plastic bag and other materials acts of torture or other such member
placed over the head to the point of cruel, inhuman and d. Permanently
asphyxiation degrading treatment or incapacitated for labor
m. Use of psychoactive drugs to change punishment shall be (4) Prision Mayor (min-
the perception, memory, alertness or will committed, being med)if the
of a person; committed, has been consequence of torture
i. Administration or drugs to committed by his led the victim to:
induce confession and/or subordinates or other a. Become deformed
reduce mental competency within his area of b. Lost any part of his
ii. The use of drugs to induce responsibility body other than those
extreme pain or certain c. Despite such knowledge previously stated
symptoms of a disease; and did not take any c. Ill or incapacitated for
n. Analogous acts of physical torture preventive or corrective labor for a period of
actionbefore, during or more than 90 days
2. Mental/Psychological Torturerefers to acts immediately after its (5) Prision Correccional
committed by a person in authority or agents of commissionwhen such if the act of torture
a person in authority which are calculated to person has authority to a. Psychological harm
affect or confuse the mind and/or undermine a prevent or investigate the b. Mental harm
persons dignity and morale, such as: acts punished c. Emotional harm
a. Blindfolding
b. Threatening a person(s) or his/her ACCESORY: (6) Prision Correccional
relative(s) with bodily harm (1) Any public officer or (min-med) if the
c. Confinement in solitary cells or secret employee if he has consequence of torture
detention places; knowledge that the acts led the victim to:
d. Prolonged interrogation; punished is being a. Ill or incapacitated for
e. Preparing a prisoner for a show trial, committed and without labor for 30 days or
public display or public humiliation of a having participate therein, less
detainee or prisoner as principal or accomplice, (7) Prision Correccional

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 20

SPECIAL PENAL LAWS

f. Causing unscheduled transfer of a takes subsequent actions: establish, operate and

person deprived of liberty from one a. Profiting from or assisting maintain secret
place to another, creating the belief that the offender to profit from detention places
he/she shall be summarily executed; the effects of the acts and/or effect or cause
g. Maltreating a member/s of a persons punished to effect solitary
family b. Concealing the acts confinement,
h. Causing the torture sessions to be punished and/or incommunicado or
witnessed by the persons family, destroying the effects or other similar forms of
relatives or any third party; instruments in order to prohibited detention
i. Denial of sleep/rest prevent its discovery (Section 7)
j. Shame infliction such as stripping the c. Harboring, concealing, (8) Arresto Mayor
person naked, parading him/her in assisting in the escape of imposed for acts
public places, shaving the victims head principal/s in the acts constituting cruel,
or putting marks on his/her body against punished: provided inhuman or degrading
his/her will; accessory acts done with treatment or
k. Deliberately prohibiting the victim to abuse of the officials punishment (Section
communicate with any member of public functions 5)
his/her family; (9) Arresto Mayor
l. Analogous acts of mental/psychological Responsible officers or
torture personnel of the AFP,
PNP and other law
Section 5: Other Cruel, Inhuman and Degrading enforcement
Treatment or PunishmentRefers to a deliberate a. Failure to
and aggravated treatment or punishment NOT perform
enumerated under Section 4, which attains a level his/her duty to
of severity sufficient to cause suffering, gross maintain,
humiliation or debasement to the latter. The submit or
assessment of the level of severity shall depend on make
all circumstances of the caseduration or available
punishment, physical and mental effects, and in public an
some cases, religion, age, state of health of the updated list of
victim detention
centers and
facilities

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 21

SPECIAL PENAL LAWS

B. Anti-Enforced or Involuntary Disappearance (R.A. inform their family, relative, friend, lawyer or
10353) any human rights organization on his
whereabouts.
Definitions
Enforced or ELEMENTS of EID Duties
Involuntary WHO (has the WHAT (to do) TO WHOM
Disappearance ACTS: Arrest, detention, abduction or any other duty)
(EID) form of deprivation of liberty followed by the Duty to Any person, not Shall immediately To any office,
refusal to acknowledge deprivation of liberty, Report being a principal, report in writing detachment or
concealment of fate or whereabouts of the Victims of accomplice or circumstances division of
disappeared person, which place the person EID accessory with and whereabouts DILG, DND,
outside the protection of law information of a of the victim PNP, AFP,
case of EID NBI, City
COMMITTED BY: Agents of the State or by Prosecutor,
persons with authorization, support or CHR
acquiescence of the State Duty to A member or Such member or To the
Agents of the Persons who, by provision of law, election, or Certify the official of any official shall inquiring
State appointment, shall perform public functions or Results of police or military immediately person or
perform in the government public duties as an Inquiry detention center issue a entity
employee, agent or subordinate official of any rank or any other certification in
or class agency or writing on the Inquiring
Order of Battle Document made by military, police, or any law instrumentality of presence or person: a
enforcement agency of the government which lists the government, absence and/or family
perceived enemies of the State as well as any information on member,
hospital or the whereabouts relative,
Rights morgue, public or of victim lawyer, rep of
Right Against EID Rights against EID and safeguards for its private, who were an HR org or a
prevention shall not be suspended under any inquired on the member of the
circumstance. presence or media inquired
Right to Disobey Order of Battle or anything similar that can whereabouts of a
cause EID cannot be invoked as a justifying or reported victim of
exempting circumstance. EID.
Right of access to This is an absolute right of any person Duty of Any inquest or Shall have the To his or her
Communication deprived of liberty. They must have a means to Public investigating PP, duty to immediate
Prosecutor or any judicial or immediately family,

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 22

SPECIAL PENAL LAWS

(PP) or quasi-judicial disclose the relatives, Liabilities

any official or victims lawyer or to an Liability Person Acts
Judicial or employee who whereabouts. HR org Principal Immediate commanding Acts committed by him or her
Quasi- learns that the to the officer of the unit that shall have led, assisted,
Judicial person delivered crime of concerned of the AFP abetted or allowed, whether
Official or for inquest or EID or the immediate senior directly or indirectly, the
Employee preliminary official of the PNP and commission thereof by his
investigation or other law enforcement subordinates.
for any other agencies.
judicial process is Such commanding Despite having knowledge,
a victim of EID officer (^) having did not take preventive or
Duty to All agencies and An official up-to- To the CHR or knowledge of or should coercive action either before,
keep up- establishments date register of any other have known that an EID during or immediately after its
to-date that have such persons agency of is being committed, or commission, when he has the
Register detention centers shall be government has been committed by authority to prevent or
and to maintained and tasked to subordinates or by investigate allegations of EID
Report to shall be regularly monitor and others within the but failed to prevent or
CHR or upon request protect human officers area of investigate such allegations,
reported. rights and responsibility whether deliberately or due to
NOTE: Sec. 10 shall be made negligence.
lists required available to
details to be the public. Penalties
entered in Reclusion Perpetua
register. Dirrectly committed the act of EID;
Directly forced, instigated, encouraged or induced others to
WHO (has the duty) WHAT (to do) commit the act of EID;
Duty of Immediate All courts and other Shall be Cooperated in the act of EID by committing another act without
Issuance and agencies of government dispensed with which the act of EID would not have been consummated;
Compliance of the concerned with expeditiously and Officials who allowed the act or abetted in the consummation of
Writs of Habeas proceedings pertaining to shall be given EID when it is within their power to stop or uncover the
Corpus, Amparo the issuance of the writs priority. commission thereof; and
and Habeas Data of habeas corpus, Cooperated in the execution of the act of EID by previous or
amparo and habeas data simultaneous acts.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 23

SPECIAL PENAL LAWS
Reclusion Temporal
Attempted to commit the act of EID
Accessories to the crime of EID
Prision Correctional
Persons who defy, ignore or unduly delay compliance with any
order duly issued or promulgated pursuant to the writs of habeas
corpus, amparo and habeas data or their respective
proceedings.
Arresto Mayor
imposed against any person who shall violate Right of access to
Communication, Duty to Report Victims of EID, Duty to Certify
the Results of Inquiry, Duty of PP or any Judicial or Quasi-
Judicial Official or Employee, and the Duty to keep up-to-date
Register and to Report to CHR.
Preventive Suspension/Summary Dismissal
Government officials and personnel who are found to have
committed or participants in the commission of EID as a result of
a preliminary investigation conducted for that purpose
SHORT NOTES:
Perpetrators and State agencies who organized, acquiesced in
or tolerated EID shall be civilly liable
Independent criminal liability of EID offenders
o (which means its will not be a bar to the prosecution or
conviction of EID offenders for any violation of other
laws, i.e., RA 7438 or An Act Defining Certain Rights of
Person Arrested, Detained or Under Custodial
Investigation; RA 9745, or Anti-Torture Law; and
applicable provisions of the RPC)
Nonexclusivity or Double Jeopardy Under International Law
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 24
o Any investigation, trial and decision in any Philippines
court for any violation of this Act will not prejudice any
legal or administrative process before any appropriate
international court or agency under applicable
international human rights and humanitarian law.
Any offender who volunteers information exempt from any
criminal and/or civil liability under this Act; Provided, offender
does not appear to be the most guilty.
EID shall be considered a continuing offense as long as the
perpetrators continue to conceal the fate and whereabouts of the
disappeared person
Prescriptive period shall be twenty-five (25) years from the date
of such reappearance. Prosecution of perpetrators shall not
prescribe unless the victim surfaces alive.
EID offenders shall not benefit from any special amnesty law or
other similar executive measures that shall exempt them from
any penal proceedings or sanctions. (Question in class: What
about presidential pardon?)
No person shall be expelled, returned or extradited to another
State where there are substantial grounds to believe that such
person shall be in danger of being subjected to EID. [DOJ, DFA,
and CHR will determine substantial grounds]
C. Crimes against International Humanitarian Law (R.A.
9851)
Definitions
Apartheid inhumane acts committed in the context of
an institutionalized regime of systematic
oppression and domination by one racial
group or groups and committed with the
intention of maintaining that regime
Arbitrary Forced displacement by expulsion or other
deportation or coercive acts of persons from the area in
SPECIAL PENAL LAWS
forcible transfer of which they are lawfully present, without
population grounds permitted under domestic or
international law.
Armed conflict Any use of force or armed violence:
1) Between States; OR
2) Protracted violence between
governmental authorities and organized
armed groups; OR
3) Between such groups within the State
Provided That such force or armed violence
gives rise, or may give rise, to a situation to
which the Geneva Conventions of 12 August
1949, including their common Article 3,
apply.
Armed conflict may be:
1) International between two (2) or more
States, including belligerent occupation;
OR
2) Non-international between
governmental authorities and organized
armed groups
Armed forces all organized armed forces, groups and units
that belong to a party to an armed conflict
which are under a command
Attack directed A course of conduct involving the
against any civilian commission of multiple acts referred in
population Section 6 against any civilian population
Effective command Ability to prevent and punish the
and control or commission of offenses by subordinates.
Effective authority
and control
Enforced or The arrest, detention, or abduction of
involuntary persons authorized by the State or political
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 25
disappearance of organization followed by a refusal to
persons acknowledge that deprivation of freedom or
to give information on the fate or
whereabouts of those persons, with the
intention of removing from the protection of
the law for a prolonged period of time
Enslavement Exercise of any or all of the powers
attaching to the right of ownership over a
person includes trafficking of persons.
Extermination The international infliction of conditions of
life, inter alia, the deprivation of access to
food and medicine, calculated to bring about
the destruction of a part of a population.
Forced Pregnancy Unlawful confinement of women to be
forcibly made pregnant, with the intent of
affecting the ethnic composition of any
population carrying out other grave
violations of international law.
Hors de Combat A person who:
1) Is in the power of an adverse party;
2) Has clearly expressed an intention to
surrender; OR
3) Has been rendered unconscious or
otherwise incapacitated by wounds or
sickness and therefore is incapable of
defending himself:
Provided, that in any of these cases, the
person form any hostile act and does not
attempt to escape.
Military necessity Necessity of employing measures which are
indispensable to achieve a legitimate aim of
the conflict and are not prohibited by
International Humanitarian Law
SPECIAL PENAL LAWS
Non-defended A locality that fulfills the following conditions:
locality 1) All combatants, as well as mobile
weapons and mobile military equipment,
must have been evacuated;
2) No hostile use of fixed military
installations or establishments must have
been made;
3) No acts of hostility must have been
committed by the authorities or by the
population; and
4) No activities in support of military
operations, must have been undertaken.
No quarter will be Refusing to spare the life of anybody even
given of persons unable to themselves or who
clearly express their intention to surrender.
Perfidy Acts which invite the confidence of an
adversary to lead him/her to believe he/she
is entitled to, or is obliged to accord,
protection under the rules of International
Humanitarian Law, with the intent to betray
that confidence, including but not limited
to:
1) feigning an intent to negotiate under a
flag of truce;
2) feigning surrender;
3) feigning incapacitation by wounds or
sickness;
4) feigning civilian or noncombatant
status; and
5) feigning protective status by use of
signs, emblems or uniforms of the United
Nations or of a neutral or other State not
party to the conflict.
Persecution International and severe deprivation of
fundamental rights contrary to international
law by reason of identity of the group or
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 26
collectivity.
Protect person 1) a person wounded, sick or shipwrecked,
whether civilian or military;
2) a prisoner of war or any person deprived
of liberty for reasons related to an
armed conflict;
3) a civilian or any person not taking a direct
part or having ceased to take part in the
hostilities in the power of the adverse
party;
4) a person who, before the beginning of
hostilities, was considered a stateless
person or refugee under the relevant
international instruments accepted by
the parties to the conflict concerned or
under the national legislation of the state
of refuge or state of residence;
5) a member of the medical personnel
assigned exclusively to medical
purposes or to the administration of
medical units or to the operation of or
administration of medical transports; or
6) a member of the religious personnel who
is exclusively engaged in the work of
their ministry and attached to the armed
forces of a party to the conflict, its
medical units or medical transports, or
non-denominational, noncombatant
military personnel carrying out functions
similar to religious personnel.
Superior 1) a military commander or a person
effectively acting as a military commander;
or
2) any other superior, in as much as the
crimes arose from activities within the
effective authority and control of that
superior.
SPECIAL PENAL LAWS

Torture Intentional infliction of severe pain or

suffering, whether physical, mental, or
psychological EXCEPT those shall pain or
suffering arising only from, inherent in or
incidental to, lawful sanctions.

Works and Attack of which may cause the release of

installations dangerous forces and consequent severe
containing losses among the civilian population,
dangerous forces namely: dams, dikes, and nuclear, electrical
generation stations.

War Crimes or Crimes Against Humanity (Section 4)

(a) For International Armed
Conflict:
Grave breaches of the Geneva
Conventions of 12 August 1949,
namely, any of the following acts
against persons or property
protected under provisions of the
relevant Geneva Convention
(b) For Non-International Armed Conflict: (c) Other serious violations of the laws and
customs applicable in armed conflict, within
Serious violations of common Article 3 to the four the established framework of international
(4) Geneva Conventions of 12 August 1949, namely law, namely
, any of the following acts committed against
persons taking no active part in the hostilities,
including member of the armed forces who have
laid down their arms and those placed hors de
combat by sickness, wounds, detention or any
other cause

(1) Willful killing; (1) Violence to life and person, in particular, willful (1) Internationally directing attacks against the
killings, mutilation, cruel treatment and torture; civilian population as such or against individual
civilians not taking direct part in hostilities;

(2) Torture or inhuman treatment, (2) Committing outrages upon personal dignity, in (2) Intentionally directing attacks against civilian
including biological experiments; particular, humiliating and degrading treatment; objects, that is, object which are not military
objectives;

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 27

SPECIAL PENAL LAWS
(3) Willfully causing great suffering, or
serious injury to body or health;
(4) Extensive destruction and
appropriation of property not justified
by military necessity and carried out
unlawfully and wantonly;
(5) Willfully depriving a prisoner of
war or other protected person of the
rights of fair and regular trial;
(6) Arbitrary deportation or forcible
transfer of population or unlawful
confinement;
(7) Taking of hostages;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all judicial
guarantees which are generally recognized as
indispensable.
(1) Violence to life and person, in particular, willful
killings, mutilation, cruel treatment and torture;
(2) Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment;
(3) Taking of hostages; and
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 28
(3) Intentionally directing attacks against
buildings, material, medical units and transport,
and personnel using the distinctive emblems of
the Geneva Conventions or Additional Protocol
III in conformity with intentional law;
(4) Intentionally directing attacks against
personnel, installations, material, units or
vehicles involved in a humanitarian assistance
or peacekeeping mission in accordance with the
Charter of the United Nations, as long as they
are entitled to the protection given to civilians or
civilian objects under the international law of
armed conflict;
(5) Launching an attack in the knowledge that
such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects or
widespread, long-term and severe damage to
the natural environment which would be
excessive in relation to the concrete and direct
military advantage anticipated;
(6) Launching an attack against works or
installations containing dangerous forces in the
knowledge that such attack will cause excessive
loss of life, injury to civilians or damage to
civilian objects, and causing death or serious
injury to body or health.
(7) Attacking or bombarding, by whatever
means, towns, villages, dwellings or buildings
which are undefended and which are not military
objectives, or making non-defended localities or
demilitarized zones the object of attack;
SPECIAL PENAL LAWS
(8) Compelling a prisoner a prisoner
of war or other protected person to
serve in the forces of a hostile power;
and
(9) Unjustifiable delay in the
repatriation of prisoners of war or
other protected persons.
(4) The passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all judicial
guarantees which are generally recognized as
indispensable.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 29
(8) Killing or wounding a person in the
knowledge that he/she is hors de combat,
including a combatant who, having laid down
his/her arms or no longer having means of
defense, has surrendered at discretion;
(9) Making improper use of a flag of truce, of the
flag or the military insignia and uniform of the
enemy or of the United Nations, as well as of the
distinctive emblems of the Geneva Conventions
or other protective signs under International
Humanitarian Law, resulting in death, serious
personal injury or capture;
(10) Intentionally directing attacks against
buildings dedicated to religion, education, art,
science or charitable purposes, historic
monuments, hospitals and places where the sick
and wounded are collected, provided they are
not military objectives. In case of doubt whether
such building or place has been used to make
an effective contribution to military action, it shall
be presumed not to be so used;
(11) Subjecting persons who are in the power of
an adverse party to physical mutilation or to
medical or scientific experiments of any kind, or
to removal of tissue or organs for
transplantation, which are neither justified by the
medical, dental or hospital treatment of the
person concerned nor carried out in his/her
interest, and which cause death to or seriously
endanger the health of such person or persons;
(12) Killing, wounding or capturing an adversary
SPECIAL PENAL LAWS

by resort to perfidy;

(13) Declaring that no quarter will be given;

(14) Destroying or seizing the enemy's property

unless such destruction or seizure is
imperatively demanded by the necessities of
war;

(15) Pillaging a town or place, even when taken

by assault;

(16) Ordering the displacements of the civilian

population for reasons related to the conflict,
unless the security of the civilians involved or
imperative military reasons so demand;

(17) Transferring, directly or indirectly, by the

occupying power of parts of its own civilian
population into the territory it occupies, or the
deportation or transfer of all or parts of the
population of the occupied territory within or
outside this territory;

(18) Committing outrages upon personal dignity,

in particular, humiliating and degrading
treatments;

(19) Committing rape, sexual slavery, enforced

prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence
also constituting a grave breach of the Geneva
Conventions or a serious violation of common
Article 3 to the Geneva Conventions;

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 30

SPECIAL PENAL LAWS

(20) Utilizing the presence of a civilian or other

protected person to render certain points, areas
or military forces immune from military
operations;

(21) Intentionally using starvation of civilians as

a method of warfare by depriving them of
objects indispensable to their survival, including
willfully impeding relief supplies as provided for
under the Geneva Conventions and their
Additional Protocols;

(22) In an international armed conflict,

compelling the nationals of the hostile party to
take part in the operations of war directed
against their own country, even if they were in
the belligerent's service before the
commencement of the war;

(23) In an international armed conflict, declaring

abolished, suspended or inadmissible in a court
of law the rights and actions of the nationals of
the hostile party;

(24) Committing any of the following acts:

i. Conscripting, enlisting or recruiting
children under the age of fifteen (15)
years into the national armed forces;
ii. Conscripting, enlisting or recruiting
children under the age of eighteen (18)
years into an armed force or group other
than the national armed forces; and
iii. Using children under the age of eighteen
(18) years to participate actively in
hostilities; and

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 31

SPECIAL PENAL LAWS

(25) Employing means of warfare which are

prohibited under international law, such as:
i. Poison or poisoned weapons;
ii. Asphyxiating, poisonous or other gases,
and all analogous liquids, materials or
devices;
iii. Bullets which expand or flatten easily in
the human body, such as bullets with
hard envelopes which do not entirely
cover the core or are pierced with
incisions; and
iv. Weapons, projectiles and material and
methods of warfare which are of the
nature to cause superfluous injury or
unnecessary suffering or which are
inherently indiscriminate in violation of
the international law of armed conflict.

Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.

Genocide (Section 5)

(a) Acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, (b) To directly and publicly incite others to
social or any other similar stable and permanent group as such: commit genocide.

(1) Killing members of the group;

(2) Causing serious bodily or mental harm to members of the group;

(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part;

(4) Imposing measures intended to prevent births within the group; and

(5) Forcibly transferring children of the group to another group.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 32

SPECIAL PENAL LAWS

Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section shall suffer the penalty provided under
Section 7 of this Act.

Other Crimes Against Humanity

Acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(a) Willful killing;

(b) Extermination;

(c) Enslavement;

(d) Arbitrary deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable
gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, sexual orientation or
other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or
any crime defined in this Act;

(i) Enforced or involuntary disappearance of persons;

(j) Apartheid; and

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 33

SPECIAL PENAL LAWS

Principles of Criminal Liability

Individual Liable as principle 1. Commits such a crime, whether as an individual, jointly with or through another regardless
Criminal of whether that other person is liable
Responsibility 2. Orders, solicits or induces the commission of such a crime which occurs or is attempted
3. In any other way contributes to the commission or attempted commission by persons in
conspiracy:
A. With the aim of furthering the criminal activity or criminal purpose of the group
B. Be made in the knowledge of the intention of the group to commit the crime.

Liable as accomplice Facilitates the commission of a crime; aids, abets or otherwise assists in its commission or
attempted commission, including providing the means for its commission.

Liable for a crime punished Attempts to commit such a crime by taking action that commences its execution by means of a
under this act substantial step, but the crime does not occur because of circumstances independent of the
person's intention.

No liability A person who abandons the effort to commit the crime or prevents the completion, if completely
and voluntarily gave up the criminal purpose.

Irrelevance of The provisions of the act shall apply equally to all persons without any distinction based on official capacity. However the
Official following shall be considered:
Capacity 1. Immunities or special procedural rules that may be attached to the official capacity of a person under Philippine law other
than the Presidents immunity from suit, shall not bar the court from exercising jurisdiction over such a person
2. Immunities that may be attached to the official capacity of a person under international law may limit the application of this Act

Responsibility 1. Knew or should have known that the subordinates were committing or about to commit such crimes
of Superiors 2. Failed to take all necessary and reasonable measures within his power to prevent the commission, or to submit the matter to
the competent authorities for investigation and prosecution.

The crimes defined and penalized under this Act shall not be subject to any prescription.

Orders from a The following requisites must be established to relieve one from liability in obeying an order of a superior:
Superior
1. The person was under a legal obligation to obey orders of the government or the superior in question;
2. The person did not know that the order was unlawful
3. The order was not manifestly unlawful.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 34

SPECIAL PENAL LAWS
Protection of 1. The court shall have regard of all relevant factors:
Victims and age, gender and health, the nature of the crime
Witnesses 2. To protect the victims and the witnesses or an
accused, the Court may allow to conduct any part
of the proceedings in camera or allow the
presentation of evidence by electronic or other
special means, especially when the victim or
witness is a child
3. The Court shall also permit the views and
concerns of the views of the victims and the
witnesses to be presented and considered at
stages of the proceedings deemed appropriate.
4. If the disclosure of evidence may lead to the
endangerment of the security of a witness or his
family, the evidence may be withheld and a
summary be submitted in its place.
Reparations 1. The court shall follow the principles relating to the
to Victims reparations to victims, including restitution,
compensation and rehabilitation. On this basis
the Court upon request or on its own motion in
exceptional circumstances, determine the scope
of the damage/loss/injury caused.
2. The Court may make an order specifying the
appropriate reparations.
3. The Court may also invite and take into account
representations from or on behalf of the
convicted, victims, or other interested persons.
Applicability of International Law and Other Laws
1. The 1948 Genocide Convention
2. The 1949 Genava Conventions I-IV, their 1977 Additional
Protocols I and II and their 2005 Additional Protocol III
3. The 1954 Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict, its First Protocol and its
1999 Second Protocol
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 35
4. The 1989 Convention on the Rights of the Child and its 2000
Optional Protocol on the Involvement of Children in Armed
Conflict
5. The rules and principles of customary international law
6. The judicial decisions of international courts and tribunals
7. Relevant and applicable international human rights instruments
8. Other relevant international treaties and conventions ratified or
acceded to by the Republic of the Philippines
9. Teachings of the most highly qualified publicists and authoritative
commentaries on the foregoing sources as subsidiary means for
the determination of rules of international law
Revised Penal Code and Other General or Special Laws
Jurisdiction
Requisites to 1. The accused is a Filipino citizen
acquire 2. The accused regardless of citizenship or
jurisdiction residence, is present in the Philippines
3. The accused has committed the said crime
against a Filipino citizen.
Foreign 1. The Philippine authorities may dispense with
accused the investigation or prosecution of a crime
under this act if another court or international
tribunal is already conducting such
proceedings. In this case, the authorities may
surrender or extradite the accused persons to
the appropriate State or Court.
2. No criminal proceedings shall be initiated
against foreign nationals accused of violating
this act, if already tried by a court outside the
Philippines with the same offense and
acquitted of it, or convicted and has already
served sentence.
SPECIAL PENAL LAWS

3) Obscene publications and indecent shows;

Philippine 1. The RTC has exclusive jurisdiction over
Court, crimes under this Act. Appeals may be elevated to 4) Other acts of abuses; and
Prosecutors the CA and to the SC. 5) Circumstances which threaten or endanger the survival and
and 2. Special courts may be designated by the SC normal development of children
Investigators to try crimes under this act. In this case, the CHR,
DOJ, PNP, and other agencies related shall Child Prostitution and Other Sexual Abuse (Sec. 5)
designate prosecutors or investigators. Deemed to be a child exploited in prostitution and other sexual
3. Judges, prosecutors and investigators shall be
abuse
trained in human rights, international humanitarian
law and international criminal law. 1) male or female child
2) indulges in sexual intercourse or lascivious conduct
3) for money, profit, or any other consideration OR
D. Child Abuse (R.A. 7610; R.A. 7658; R.A. 9231) 4) due to the coercion or influence of any adult, syndicate or
group
Definition of Terms (Sec. 3)
Children Perpetrators
Below 18 y/o a) those who engage in or promote, facilitate or induce child
Over 18 y/o but unable to fully take care of themselves or prostitution (Par. a)
protect themselves from abuse, neglect, cruelty, exploitation b) those who commit the act of sexual intercourse or lascivious
or discrimination because of a physical or mental disability or conduct with a child exploited in prostitution or subject to
condition other sexual abuse;
Provided, when the victims is under 12 y/o, the
Child Abuse perpetrators shall be prosecuted under Article 335
Maltreatment of a child, regardless if habitual or not (rape) and 336 (acts of lasciviousness) of the RPC
Types: c) those who derive profit or advantage therefrom, whether as
1) Physical manager or owner of the establishment where the
2) Psychological / emotional prostitution takes place, or of the sauna, disco, bar, resort,
3) Neglect place of entertainment or establishment serving as a cover
4) Sexual or which engages in prostitution in addition to the activity for
which the license has been issued to said establishment.
Comprehensive program against child abuse, exploitation and
discrimination
Coordinated program of services and facilities to protected children
against:
1) Child Prostitution and other sexual abuse;
2) Child trafficking;

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 36

SPECIAL PENAL LAWS

Attempt To Commit Child Prostitution (Sec. 6) 4) when a doctor, hospital or clinic official or employee, nurse,
Elements of attempt to commit midwife, local civil registrar or any other person simulates
Sec. 5, par. a Sec. 5, par. b birth for the purpose of child trafficking;
1) any person who is not a relative 1) Any person 5) when a person engages in the act of finding children among
of the child 2) receiving services from a low-income families, hospitals, clinics, nurseries, day-care
2) found alone with the said child child in a sauna parlor or centers, or other child-during institutions who can be offered
inside the room or cubicle of a bath, massage clinic, for the purpose of child trafficking.
house, an inn, hotel, motel, health club and other
pension house, apartelle or other similar establishments Obscene Publications and Indecent Shows (Sec. 9)
similar establishments, vessel, Par. 1 Elements
vehicle or any other hidden or 1) Any person
secluded area 2) who shall hire, employ, use, persuade, induce or coerce a
3) under circumstances which child
would lead a reasonable person to perform in obscene exhibitions and indecent
to believe that the child is about shows, whether live or in video, or
to be exploited in prostitution and to model in obscene publications or pornographic
other sexual abuse materials or
3) to sell or distribute the said materials
Child Trafficking (Sec. 7)
Elements Par. 3 Elements
1) Any person 1) Any ascendant, guardian, or person entrusted in any
2) engaged in trading and dealing with children including, but capacity with the care of a child
not limited to, the act of buying and selling of a child 2) who shall cause and/or allow such child to be employed or to
3) for money, or for any other consideration, or barter participate in an obscene play, scene, act, movie or show or
in any other acts covered by this section
Attempt to Commit Child Trafficking (Sec. 8)
1) when a child travels alone to a foreign country without valid Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
reason therefor and without clearance issued by the DSWD Conditions Prejudicial to the Child's Development (Sec. 10)
or written permit or justification from the child's parents or Par. a Elements
legal guardian 1) Any person
2) when a pregnant mother executes an affidavit of consent for 2) who shall commit any other acts of child abuse, cruelty or
adoption for a consideration; exploitation or
3) when a person, agency, establishment or child-caring 3) to be responsible for other conditions prejudicial to the child's
institution recruits women or couples to bear children for the development including those covered by Article 59 of PD
purpose of child trafficking; 603, as amended, but not covered by the RPC

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 37

SPECIAL PENAL LAWS

a) Beg or use begging as a means of living;

Par. b Elements
1) Any person EXCEPT
relative within the fourth degree of consanguinity or
affinity or
person with any bond recognized by law, local
custom and tradition or
person who acts in the performance of a social,
moral or legal duty
2) who shall keep or have in his company a minor
12 y/o or under or
10 years or more his junior
3) in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places
b) Act as conduit or middlemen in drug trafficking or
pushing; or
c) Conduct any illegal activities
Sanctions of Establishments or Enterprises which Promote,
Facilitate, or Conduct Activities Constituting Child Prostitution
and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse
(Sec. 11)
Par. 1 Elements
1) All establishments and enterprises
2) which promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse

Par. c Elements Par. 2 (Deemed an establishment described in Par. 1) Elements

1) Any person 1) acts constituting child prostitution and other sexual abuse,
2) who shall induce, deliver or offer a minor to any one child trafficking, obscene publications and indecent shows,
prohibited by this Act and other acts of abuse happen
3) to keep or have in his company a minor as provided in the 2) in the premises of an establishment under this Act or in
preceding paragraph violation of the Revised Penal Code

Par. d Elements Employment of Children (Sec. 12)

1) Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places,
2) who allows any person to take along with him to such place
or places any minor herein described
Par. e Elements
1) Any person
2) who shall use, coerce, force or intimidate a street child or
any other child to;
Children below 15 years of age shall not be employed except
when:
1) child works directly under the sole responsibility of his
parents or legal guardian and where only members of his
family are employed
neither endangers his/her life, safety, health, and
morals, nor impairs his/her normal development
parent or legal guardian provides the prescribed
primary and/or secondary education
2) child's employment or participation in public entertainment or
information essential

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 38

SPECIAL PENAL LAWS
Employment contract should be
o concluded by parents or legal guardian
o with express agreement of child, if possible
o with the approval of DOLE
3) employer complies with the following requirements:
ensure the protection, health, safety, morals and
normal development of the child
institute measures to prevent the child's exploitation
or discrimination
formulate and implement, subject to the approval
and supervision of competent authorities, a
continuing program for training and skills acquisition
of the child
NOTE: In the above exceptional cases, a work permit should first be
secured from the DOLE before engaging such child.
Hours of Work of a Working Child (Sec. 12-A)
Requirements
1) child is below 15 y/o maximum of 20hrs a week AND
maximum of 4hrs a day
2) child is 15-17 y/o maximum of 40hrs a week AND
maximum of 8hrs a day
3) child is below 15 y/o cannot work from 8PM 6AM
child is 15-17 y/o cannot work from 10PM 6AM
Ownership, Usage and Administration of the Working Child's
Income (Sec. 12-B)
Wages, salaries, earnings and other income of the working child
belongs to the child and is set aside for support, education or
skills acquisition and
secondarily to the collective needs of the family
o should not exceed 20% of the total income
parents shall administer the childs property
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 39
Trust Fund to Preserve Part of the Working Child's Income
(Sec. 12-C)
Child earns at least P200,000 annually
parent or legal guardian shall set up a trust fund for at least
30% of the earnings of the child
for which he shall render a semiannual accounting of the
fund to the DOLE
the child shall have full control over the trust fund upon
reaching the age of majority
Prohibition Against Worst Forms of Child Labor (Sec. 12-D)
Worst forms of child labor
1) All forms of slavery, as defined under the "Anti-trafficking in
Persons Act of 2003", or practices similar to slavery; or
2) The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances; or
3) The use, procuring or offering of a child for illegal or illicit
activities; or
4) Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health,
safety or morals of children, such that it:
a. Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b. Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
c. Is performed underground, underwater or at
dangerous heights; or
d. Involves the use of dangerous machinery,
equipment and tools such as power-driven or
explosive power-actuated tools; or
e. Exposes the child to physical danger ; or
f. Is performed in an unhealthy environment exposing
the child to hazardous working conditions, elements,
SPECIAL PENAL LAWS
substances, co-agents or processes involving
ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme
temperatures, noise levels, or vibrations; or
g. Is performed under particularly difficult conditions; or
h. Exposes the child to biological agents such as
bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or
i. Involves the manufacture or handling of explosives
and other pyrotechnic products.
Access to Education and Training for Working Children
(Sec. 13)
In all cases of employment allowed in this Act, the employer shall
provide a working child with access to at least primary and
secondary education. The DEPED shall promulgate a course design
under its non-formal education program aimed at promoting the
intellectual, moral and vocational efficiency of working children who
have not undergone or finished elementary or secondary education.
Prohibition on the Employment of Children in Certain
Advertisements (Sec. 14)
No child shall be employed as a model in any advertisement directly
or indirectly promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts, gambling or any form of violence or
pornography.
Penal Provisions (Sec. 16)
NOTE: If a corporation commits any of the violations aforecited, the
board of directors/trustees and officers, which include the president,
treasurer and secretary of the said corporation who participated in or
knowingly allowed the violation, shall be penalized accordingly as
provided for under this Section.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 40
Jurisdiction (Sec. 16-A)
Original jurisdiction Family Courts, in default thereof, RTC and
MTC depending on the penalties prescribed for the offense charged.
Access to Immediate Legal, Medical and Psycho-Social
Services (Sec. 16-C)
Working child shall have the right to free legal, medical and
psychosocial services to be provided by the State.
Children of Indigenous Cultural Communities (Art. IX)
Discrimination (Sec. 20)
Children of indigenous cultural communities shall not be subjected to
any and all forms of discrimination. Any person who discriminate
against children of indigenous cultural communities shall suffer a
penalty of arresto mayor in its maximum period and a fine of not less
than Five thousand pesos (P5,000) more than Ten thousand pesos
(P10,000).
Children in Situations of Armed Conflict (Art. X)
Rights of Children Arrested for Reasons Related to Armed
Conflict (Sec. 25)
Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to the
following rights;
1) Separate detention from adults except where families are
accommodated as family units;
2) Immediate free legal assistance;
3) Immediate notice of such arrest to the parents or guardians
of the child; and
4) Release of the child on recognizance within 24hrs to the
custody of the DSWD or any responsible member of the
community as determined by the court.
SPECIAL PENAL LAWS
After hearing of evidence, if the court finds the child guilty
court shall determine the imposable penalty, including any
civil liability
instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings
the court shall commit such child to the custody or care of
the DSWD or to any training institution operated by the
Government, or duly-licensed agencies or any other
responsible person
until he has had reached eighteen (18) years of age or, for a
shorter period as the court may deem proper after
considering the reports and recommendations of the DSWD
or the agency or responsible individual under whose care he
has been committed.
The aforesaid child whose sentence is suspended can appeal from
the order of the court in the same manner as appeals in criminal
cases.
Who May File a Complaint (Sec. 27)
Complaints on cases of unlawful acts committed against children as
enumerated herein may be filed by the following:
1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third degree of
consanguinity;
4) Officer, social worker or representative of a licensed child-
caring institution;
5) Officer or social worker of the Department of Social Welfare
and Development;
6) Barangay chairman of the place where the violation
occurred, where the child is residing or employed; or
7) At least 3 concerned, responsible citizens where the
violation occurred
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 41
Confidentiality (Sec. 29)
At the instance of the offended party, his name may be withheld from
the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer in case
of television and radio broadcasting, producer and director of the film
in case of the movie industry, to cause undue and sensationalized
publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.
Special Court Proceedings (Sec. 30)
Cases involving violations of this Act shall be heard in the chambers
of the judge (in camera) of the RTC duly designated as Juvenile
and Domestic Court.
All courts shall give preference to the hearing or disposition of cases
involving violations of this Act except of habeas corpus, election
cases, and cases involving detention prisoners and persons covered
by Republic Act No. 4908.
Common Penal Provisions (Sec. 31)
Penalty imposed in its maximum period
1) offender has been previously convicted under this Act;
2) when offender is a corporation, partnership or association,
the officer or employee thereof who is responsible for the
violation of this Act shall suffer
3) when the perpetrator is an ascendant, parent guardian,
stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license
has expired or has been revoked;
4) if the offender is a public officer or employee
if the penalty imposed is reclusion perpetua or
reclusion temporal, then the penalty of perpetual or
SPECIAL PENAL LAWS
temporary absolute disqualification shall also be
imposed
if the penalty imposed is prision correccional or
arresto mayor, the penalty of suspension shall also
be imposed; and
Fine to be determined by the court
5) shall be imposed and administered as a cash fund by the
DSWD and disbursed for the rehabilitation of each child
victim, or any immediate member of his family if the latter is
the perpetrator of the offense
Deported immediately after service of sentence and forever
barred from entry to the country
6) When the offender is a foreigner
E. Child Pornography (R.A. 9775)
Definitions (Sec. 3)
Child Pornography 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
Child (1) 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.
(2) a person regardless of age who is
presented, depicted or portrayed as a
child.
(3) 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.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 42
Unlawful or Prohibited Acts and Penalties [Sec.4]
(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.
NOTE: Syndicated if carried out by a group of 3 or more persons
conspiring with one another.
SPECIAL PENAL LAWS
Duties of an Internet Service Provider (ISP) [Sec.9]
All internet service providers (ISPs) shall notify the Philippine
National Police (PNP) or the National Bureau of Investigation
(NBI) within seven (7) days from obtaining facts and
circumstances that any form of child pornography is being
committed using its server or facility.
Nothing in RA 9775 may be construed to require an ISP to
engage in the monitoring of any user, subscriber or
customer, or the content of any communication of any such
person: Provided, That no ISP shall be held civilly liable for
damages on account of any notice given in good faith in
compliance with this section.
Responsibility of Mall Owners/Operators and Owners or
Lessors of Other Business Establishments [Sec. 10]
All mall owners/operators and owners or lessors of other
business establishments shall notify the PNP or the NBI
within seven (7) days from obtaining facts and
circumstances that child pornography is being committed in
their premises
The public display of any form of child pornography within
their premises is a conclusive presumption of the knowledge
of the mall owners/operators and owners or lessors of other
business establishments of the violation of RA 9775.
That a disputable presumption of knowledge by mall
owners/operators and owners or lessors of other business
establishments should know or reasonably know that a
violation of RA 9775 is being committed in their premises.
Photo developers, information technology professionals,
credit card companies and banks and any person who has
direct knowledge of any form of child pornography activities
shall have the duty to report any suspected child
pornography materials or transactions to the proper
authorities within seven (7) days from discovery thereof.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 43
Duties of an Internet Content Host [Sec. 11]
An internet content host shall:
(a) Not host any form of child pornography on its internet address;
(b) Within seven (7) days, report the presence of any form of child
pornography, as well as the particulars of the person maintaining,
hosting, distributing or in any manner contributing to such internet
address, to the proper authorities; and
(c) Preserve such evidence for purposes of investigation and
prosecution by relevant authorities.
An internet content host shall, upon the request of proper
authorities, furnish the particulars of users who gained or
attempted to gain access to an internet address that
contains any form of child pornography.
The failure of the internet content host to remove any form of
child pornography within forty-eight (48) hours from receiving
the notice that any form of child pornography is hitting its
server shall be conclusive evidence of willful and intentional
violation.
Who May File a Complaint? [Sec. 6]
Complaints on cases of any form of child pornography and other
offenses punishable under RA 9775 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;
SPECIAL PENAL LAWS
(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 RA 9775.
CONFIDENTIALITY [Sec. 13]
The right to privacy of the child shall be ensured at any stage of the
investigation, prosecution and trial of an offense under RA 9775.
Rules:
(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) Other persons as determined by the court.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 44
(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 of 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.
SPECIAL PENAL LAWS

F. Anti-Trafficking (R.A. 9208; R.A. 10364)

R.A 9208: Anti-Trafficking in Persons Act of 2003 R.A. 10364: Expanded Anti-Trafficking Act of 2012
ACTS PUNISHED
Section 4: Acts of Trafficking in Persons: Section 4-A Attempted Trafficking: Acts to initiate commission of
(1) Recruit, transport, transfer; harbor, provide or receive a person by the offense by the offender failed to or did not execute all the
any means, including those done under the pretext of domestic or elements of the crime, by accident or by reason of some cause other
overseas employment or training or apprenticeship for the than voluntary desistance. An attempt to commit any of the acts under
purpose of prostitution, pornography, sexual exploitation, forced Section 4 shall constitute attempted trafficking
labor, slavery, involuntary servitude or debt bondage In cases where victim is a child:
(2) Introduce or match for money, profit or material, economic or (a) Facilitating the travel of a child who travels alone to a foreign
other consideration, any person under R.A. 9655, any Filipino country or territory without valid reason and without required
woman to foreign national, for marriage for the purpose of clearance or permit from the DSWS, or a written permit or
acquiring, buying, offering, selling or trading him/her to engage in justification from the childs parent or guardians
prostitution, pornography, sexual exploitation, forced labor, (b) Executing, for a consideration, an affidavit of consent or a
slavery, involuntary servitude or debt bondage; written consent for adoption
(3) Offer or contract marriage, real or simulated, for the purpose of (c) Recruiting a woman to bear a child for purpose of selling that
acquiring, buying, offering, selling or trading them to engage in child
prostitution, pornography, sexual exploitation, forced labor or (d) Simulating a birth for the purpose of selling the child
slavery, involuntary servitude or debt bondage; (e) Soliciting a child and acquiring the custody through any
(4) Organize tours and travel plans consisting of tourism packages or means among hospitals, clinic, nurseries, daycare centers,
activities for the purpose of utilizing and offering persons for refugee, or evacuation centers, and low-income families for
prostitution, pornography or sexual exploitation; the purpose of selling the child
(5) Maintain or hire a person to engage in prostitution or pornography
(6) Adopt or Facilitate the adoption of persons for the purpose of Section 4-B: Accomplice Liability
prostitution, pornography, sexual exploitation, forced labor, Whoever knowingly aids, abets, cooperates in the execution of
slavery, involuntary servitude or debt bondage; the offense by previous or simultaneous acts defined in this act.
(7) Recruit, hire, adopt, transport, or abduct a person, by means of
threat or use of force, fraud, deceit, violence, coercion, or Section 4-C Accessories
intimidation for the purpose of removal or sale of organs of said Whoever has the knowledge of the commission of the crime, and
person; and without having participated therein, either a principal or
(8) Recruit, transport, or adopt a child to engage in armed activities accomplice, take part by:
in the Philippines or abroad. (1) Profiting themselves or assisting the offender to profit by the
effects of the crime
(2) Concealing or destroying the body of the crime of effects of

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 45

SPECIAL PENAL LAWS

Section 5: Acts that Promote Trafficking in Persons: instruments in order to prevent discovery
(1) Knowingly lease or sublease, use or allow to be used any house, (3) Harboring, concealing, assisting in the escape of the principal
building, or establishment for the purpose of promoting trafficking of the crime, provided the accessory acts with abuse of his or
in persons; her public functions or is known to be habitually guilty of some
(2) Produce, print, and issue or distribute unissued, tampered, fake other crime
counseling certificates, registration stickers and certificates of any
government agency which issues these certificates and stickers Section 5: Acts that Promote Trafficking
as proof of compliance with the government regulatory and pre- (h) Tamper with, destroy, cause the destruction of evidence or to
departure requirements for the purpose of promoting trafficking in influence or attempt to influence witnesses, in an investigation or
persons prosecution of a case under this act
(3) Advertise, publish, print, broadcast or distribute or cause the (i) Destroy, conceal, remove, confiscate or possess or attempt to do
advertisement, publication, printing, broadcasting or distribution any of the actspurported passport or other travel, immigration,
by any means, including the use of information technology and working permit, document or any other actual or purported
the internet, of any brochure, flyer, or any propaganda material government identification of any person in order to prevent or restrict
that promotes trafficking in persons; the persons liberty to move or travel in order to maintain the labor
(4) Assist in the conduct of misrepresentation or fraud for purposes services of that person
of facilitating the acquisition of clearances and necessary exit (j) Utilize his or her office to impede investigation, prosecution, or
documents from government agencies mandated to provide pre- execution of lawful orders in a case under this act
departure registration and services for departing persons for the
purpose of promoting trafficking
(5) Facilitate, assist, or help in the exit and entry of persons from/to
the country at international and local airports, territorial
boundaries and seaports who are in possession of unissued,
tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons;
(6) Confiscate, conceal, destroy the passport, travel documents or
personal documents or belongings of trafficked person in
furtherance of trafficking or to prevent them from leaving th
country or seeking redress from the government or appropriate
agencies
(7) Knowingly benefit from, financial or otherwise, or make use of,
the labor or services of a person held to a condition of involuntary
servitude, forced labor, or slavery

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 46

SPECIAL PENAL LAWS
QUALIFIED TRAFFICKING
Section 6: Qualified Trafficking
(1) Trafficked person is a Child
(2) When adoption (R.A. 8043)
was used for the purpose of
prostitution, pornography,
sexual exploitation, forced
labor, slavery, involuntary
servitude or debt bondage
(3) Crime effected through
syndicate or in large scale.
a. Committed by 3 or
more persons
conspiring and
confederating with one
another
(4) Offender is the ascendant,
parent, sibling, guardian, or a
person who exercised
authority over the trafficked
person
(5) Offense is committed by a
public officer or employee
(6) Trafficked person is recruited
to engage in prostitution with
any member of the military or
law enforcement agencies
(7) Offender is a member of the
military or law enforcement
agencies
(8) By reason of trafficking, the
victim dies, becomes insane,
suffers mutilation or is afflicted
with HIV or AIDS
Section 6: Qualified
Trafficking
(d) When the offender is a
spouse, an ascendant,
parent, sibling, guardian or
a person who exercises
authority over the trafficked
person or when offense is
committed by a public
officers or employee
(h) When the offender
commits one or more
violations of Section 4 over
a period of 60 more days
whether those days are
continuous or not
(i) When the offender
directs or through another
manages the trafficking
victim in carrying out the
exploitative purpose of
trafficking
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 47
USE OF TRAFFICKED PERSONS
Section 11: Use of Trafficked
Persons:
Any person who buys or engages
the services of trafficked persons
for prostitution:
(1) First offense: 6 months
community service and
fine of 50,000 PHP
(2) Second and subsequent
offense: 1 year
imprisonment and fine of
100,000 PHP
Section 11: Use of Trafficked
Persons:
Any person who buys or
engages in the services of
trafficked persons for prostitution
provided that probation law
should not be applied:
(1) Prision Correccional
(max) to Prision Mayor:
6 years to 12 years of
imprisonment and fine
50,000-100,000 PHP
If the act involves sexual
intercourse or lascivious conduct
to a child: reclusion temporal
(min) to reclusion perpetua: 17
years to 40 years and fine of
500,000-1,000,000 PHP
If it involves carnal knowledge
with male or female trafficked
victims and involves the use of
force, intimidation, deprivation of
reason, unconscious victim,
victim under 12 years:
Reclusion perpetua: 40
years
1,000,000 PHP-
5,000,000 PHP
No parole
BUT, if the person knows that
the services comes from
trafficking, he shall be penalized
based on qualified trafficking
SPECIAL PENAL LAWS

PENALTIES clearances, passports, marriage

Section 10: Penalties
(1) Violation of Section 4: 20 years of
imprisonment and fine 500,000-
1,000,000 PHP
(2) Violation of Section 5: 15 years of
imprisonment and fine 500,000-
1,000,000 PHP
(3) Violation of Qualified Trafficking:
Life imprisonment and fine
2,000,000-5,000,000 PHP
(4) Violation of Section 7 500,000-1,000,000 PHP
(Confidentiality): 6 years of
imprisonment and fine 500,000-
1,000,000 PHP
(5) Offender is a corporation,
partnership, association, club,
establishment or any juridical
personthe penalty imposed upon
the owner, president, partner,
manager or responsible officer who
participated or permitted or failed to
prevent the commission of the
crime
a. Registration with the SEC
and license to operate will
be revoked and shall be
barred from operating any
similar business
(6) Offender is a foreigner: deported
after serving his sentence and
persona non grata
(7) Offender is an employee, official or
government agencies who shall
issue and approve travel exit
Section 10: Penalties
(1) Violation of Setion 4:
same but fine 1,000,000-
2,000,000 PHP
(2) Violation of Section 4-
A: 15 years of
imprisonment and fine
500,000-1,000,000 PHP
(3) Violation of Section 4-
B: 15 years and fine
Act of Trafficking: 10 years
certificates and the similar
documents: Administratively liable
without prejudice to the criminal,
dismissed from service, and barred
to hold public office
a. Included, failure to observe
the prescribed procedures
and the requirement as
provided by law
(8) Conviction by offender shall rescind
the decree of adoption
Others:
Section 12: Prescriptive PeriodIt shall commence to run from the
day on which trafficked person is delivered or released from
conditions of bondage
Large Scale/Syndicate: 20 years
In case of child victim, the day when the child reaches
majority and shall be interrupted by filing a complaint or
information.
Section 17: Legal Protectiontrafficked persons shall not be
penalized for unlawful acts committed as a direct result or incident, or
in relation to being trafficked enumerated in this act. Prostitutes
under the definition of Article 202 of the RPC shall not be prosecuted
under this law.
Section 17-B: Irrelevance of Past Sexual BehaviorPast sexual
behavior shall be considered inadmissible in evidence for the
purpose of proving consent to victim to engage in sexual behavior,
prove predisposition.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 48

SPECIAL PENAL LAWS
Section 17-C: Immunity from SuitNo action or suit shall be
brought to (a) law enforcement officers (b) social workers (c) person
acting in compliance with a lawful order from any of the above for
lawful acts done or statements made during an authorized rescue
operation.
Section 26-A: Extra-Territorial Jurisdiction: State shall exercise
jurisdiction over any act even if committed outside the Philippines,
and whether such act constitute a crime in the said place, the crime
being a continuing offense, commenced in the Philippines, if accused
is
(1) Filipino citizen
(2) Permanent resident of the Philippines
(3) Committed acts against Filipino citizens.
Prosecution of another country will bar the court from
instituting criminal offense
G. Violence against Women and their Children (R.A.
9262)
WHAT: [Sec. 3]
R.A. 9262 covers several acts of violence, which are:
(1) Physical Violence
(2) Sexual Violence acts which are sexual in nature, committed
against a woman or her child, and are not limited to:
a) Rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual
parts of the victims body, forcing him or her to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 49
b) Acts causing or attempting to cause the victim to engage in
any sexual activity by force, threat of force, physical or other
harm or threat of physical or other harm or coercion.
c) Prostituting the woman or child.
(3) Psychological Violence Acts or omissions causing or likely
to cause mental or emotional suffering of the victim, but not limited
to intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which
the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common
children.
(4) Economic Abuse Acts that make or attempt to make a
woman financially dependent upon her abuser, but is not limited to
the following:
a) Withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;
b) Deprivation or threat of deprivation of financial resources
and the right to the use and enjoyment of the conjugal,
community or property owned in common;
c) Destroying household property;
d) Controlling the victims own money or properties or solely
controlling the conjugal money or properties
WHO: [Sec. 3(a)]
The following are the persons who are protected by R.A. 9262:
a) Wife or former wife;
b) A woman with whom the offender has or had sexual or
dating relationship with;
c) A woman with whom the offender has a common child with;
SPECIAL PENAL LAWS
d) The legitimate or illegitimate child of the woman within or
without the family abode.
NOTES:
Sexual relationship refers to any single sexual act. (one night
stand)
Dating relationship refers to a situation wherein parties live
as husband and wife without benefit of marriage or are
romantically involved over a time and on continuing basis
during course of relationship
Any person who has personal knowledge can file complaint.
[Sec. 25]
HOW: [Sec. 5]
ANY PERSON who commits violence against women and their
children through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(c) Placing the woman or her child in fear of imminent physical harm;
(d) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child has
the right to engage in, or attempting to restrict or restricting the
woman's or her child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall
include, but not limited to, the following acts committed with the
purpose or effect of controlling or restricting the woman's or her
child's movement or conduct:
1. Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;
2. Depriving or threatening to deprive the woman or her children
of financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 50
3. Depriving or threatening to deprive the woman or her child of a
legal right;
4. Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own
money or properties, or solely controlling the conjugal or common
money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage
in any sexual activity which does not constitute rape, by force or
threat of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally
or through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include,
but not be limited to, the following acts:
1. Stalking or following the woman or her child in public or private
places;
2. Peering in the window or lingering outside the residence of the
woman or her child;
3. Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
4. Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation
to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman's child/children.
REMEDIES:
Protection Order: A protection order is an order issued under this
act for the purpose of preventing further acts of violence against
women or her child.
SPECIAL PENAL LAWS

WHO CAN FILE: [Sec. 9] protection where the only in the

a) The offended party; order applicant resides barangay
b) The parents or guardians of the offended party; (BPO) applicant
c) The ascendants, descendants or collateral relatives within the resides
fourth civil degree of consanguinity or affinity; Temporary with the 30 days, can be Enforceable
d) Officers or social workers of the DSWD or social workers of local Protection appropriate renewed until PPO anywhere
government units (LGUs); Order Regional Trial is issued. in the
e) Police officers, preferably those in charge of women and childrens (TPO) Court/Family Philippines.
desks; Court or
f) Punong Barangay or Barangay Kagawad; Municipal Court
g) Lawyer, counselor, therapist or healthcare provider of the where the
petitioner; petitioner resides
h) At least two (2) concerned responsible citizens of the city or Permanent with the Effective until Enforceable
municipality where the violence against women and their children Protection appropriate revoked by the anywhere
occurred and who has personal knowledge of the offense committed Order Regional Trial court upon in the
(PPO) Court/Family application of the Philippines.
HOW: [Sec. 11] Court or person in whose
The application of the Protection Order must be in writing, signed Municipal Court favor it was issued.
and verified under oath by the applicant. A standard protection order where the (Duhhh
application form, written in English with translation to the major petitioner resides Permanent!)
languages, which is readily available, shall contain the following
information: The protection order that may be issued under R.A. 9262 shall
a) Names and addresses of the petitioner and the respondent; include any, some or all of the following reliefs: [Sec. 8]
b) Description of relationships between the petitioner and a) Prohibition of the respondent from threatening to commit or
respondent; committing, personally or through another, any of the acts
c) Statement of the circumstances of abuse; mention in Article 5 of R.A. 9262;
d) Description of the reliefs requested by the petitioner; b) Prohibition of the respondent from harassing, annoying,
e) Request for counsel and reasons for such; telephoning, contacting or otherwise communicating with the
f) Request for waiver of application fees until hearing; petitioner, directly or indirectly;
g) An attestation that there is no pending application for a protection c) Removal and exclusion of the respondent from the residence of
order in another court. the petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or
[Sec. 14- Filed where: Effectivity: Enforced permanently where no property rights are violated, and if
16] where: respondent must remove personal effects from the residence,
Barangay in the Barangay 15 days Enforceable the court shall direct a law enforcement agent to accompany the

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 51

SPECIAL PENAL LAWS
respondent has gathered his things and escort the respondent
from the residence;
d) Directing the respondent to stay away from the petitioner and
designated family or household member at a distance specified
by the court, and to stay away from the residence, school, place
of employment, or any specified place frequented by the
petitioner and any designated family or household member;
e) Directing lawful possession and use by petitioner of an automobile
and other essential personal effects, regardless of ownership,
and directing the appropriate law enforcement officer to
accompany the petitioner to the residence of the parties to
ensure that the petitioner is safely restored to the possession of
the automobile and other essential personal effects, or to
supervise the petitioners or respondents removal of personal
belongings;
f) Granting a temporary or permanent custody of child/children to the
petitioner;
g) Directing the respondent to provide support to the woman and/or
her child if entitled to legal support. Notwithstanding other laws to
the contrary, the court shall order an appropriate percentage of
the income or salary of the respondent to be withheld regularly
by the respondents employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or
any delay in the remittance of support to the woman and/or her
child without justifiable cause shall render the respondent or his
employer for indirect contempt of court;
h) Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same
to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license
to use or possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender his firearm
and shall direct the appropriate authority to investigate on the
offender and take appropriate action on matter;
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 52
i) Restitution for actual damages caused by the violence inflicted,
including, but not limited to, property damage, medical expenses,
child care expenses and loss of income;
j) Directing the DSWD or any appropriate agency to provide
petitioner may need; and
k) Provision of such forms of relief as the court deems necessary to
protect and provide for the safety of the petitioner and any
designated family or household member, provided petitioner and
designated family or household member consists to such relief.
NOTES:
Non-appearance in trial for Protection order is not a ground
for rescheduling of hearing. [Sec.16]
The court allows history of violent behavior even if it wasnt
against the person applying. [Sec.16]
OTHER NOTES in VAWC:
Prescriptive period for filing VAWC is: [Sec. 24]
o Acts 5(a)-5(f) = 20 years
o Acts 5(g)-5(i) = 10 years
The Battered Woman Syndrome is a repeated and cyclical
violence against a woman which results in the
immobilization of the latters ability to act decisively in her
own interest and making her feel trapped in a relationship
with no means of escape. (People v. Genosa, G.R. No.
135981, 15 January 2004)
The Battered Woman Syndrome is now a defense which can
be used by the victim-survivors who really are suffering from
the said syndrome at the commission of a crime.
Woman suffering from the Battered Woman Syndrome will
not automatically disqualify you from having custody of your
children unless the court some other compelling reasons not
to award custody of the children to you.
In legal separation cases, no more period of reconciliation in
accordance to Art. 58 of FC. [Sec. 19]
SPECIAL PENAL LAWS
Being under the influence of any drug or alcohol is not a
defense. [Sec. 27]
H. Anti-Photo and Video Voyeurism (R.A. 9995)
Definitions
Photo or video voyeurism
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:
o 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.
Under circumstances in which a person has a reasonable
expectation of privacy
Under Circumstance, when 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.
Acts Punishable (Sec. 5)
1.
a. To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 53
b. 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
c. Without the consent of the person/s involved and under
circumstances in which the person/s has/have a reasonable
expectation of privacy;
2. 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;
3. To sell or distribute, or cause to be sold or distributed,
1. such photo or video or recording of sexual act, whether it be
the original copy or reproduction thereof; or
4. To publish or broadcast, or cause to be published or broadcast,
2. 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.
Note:
1. The prohibition under paragraphs (2), (3) and (4) shall apply
notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s.
(Even if there is consent to video, it does not mean one can
reproduce, distribute or publish such without violating this
act)
2. Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.
Inadmissibility of Evidence (Sec. 7)
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.
o Evidence acquired illegally is not admissible as evidence in
court.
SPECIAL PENAL LAWS
Exemptions (Sec. 6) Disclaimer: I am not sure about this, but sir
said he wont ask this.
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:
1. Upon written application and the examination under oath or
affirmation of the applicant and the witnesses he/she may
produce, and
2. 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.
Note of Sec. 6 from class:
There is a pending case in court and needs to present such
evidence in court
There is a need to get more evidence to prosecute one under
this act.
Other notes from class:
Violation for Anti-Wire Tapping if voice record
Video a person topless in a beach not liable in this article
Is reproduce = download? not answered
I. Decriminalization of Vagrancy (R.A. 10158)
Who are currently punishable under Art. 202 of the RPC
Only Prostitutes women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 54
Note: Art. 202 is NOT applicable to Minors
Provided that the said person undergo appropriate counseling
and treatment program [R.A. 9344 - Juvenile Justice Welfare
Act, Sec 58]
IV. Public Morals
A. Illegal Gambling (P.D. 1602; R.A. 9287)
Punishable Acts (list not exclusive maybe magtanong siya ng
example):
A. Any person other than those referred to in the succeeding sub-
sections who in any manner, shall directly or indirectly take
part in any illegal or unauthorized activities or games of
1. cockfighting, jueteng, jai alai or horse racing to include
bookie operations and game fixing, numbers, bingo and
other forms of lotteries;
2. cara y cruz, pompiang and the like;
3. 7-11 and any game using dice;
4. black jack, lucky nine, poker and its derivatives, monte,
baccarat, cuajao, pangguingue and other card games;
5. paik que, high and low, mahjong, domino and other games
using plastic tiles and the likes;
6. slot machines, roulette, pinball and other mechanical
contraptions and devices;
7. dog racing, boat racing, car racing and other forms of
races,
8. basketball, boxing, volleyball, bowling, pingpong and other
forms of individual or team contests to include game fixing,
point shaving and other machinations;
9. banking or percentage game, or any other game scheme,
whether upon chance or skill, wherein wagers consisting of
money, articles of value or representative of value are at
stake or made;
B. Any person who shall knowingly permit any form of gambling
referred to in the preceding subparagraph to be carried on in
SPECIAL PENAL LAWS

inhabited or uninhabited place or in any building, vessel or Rules on Prosecution Judgment and Forfeiture of Property
other means of transportation owned or controlled by him (Sec. 9)
Any person charged or convicted of offenses under this Act
Who are Punishable under this Act (Sec. 3): may still be prosecuted and convicted of any act or acts
If a person acts as a (organized from the lowest to the highest penalized under the RPC or other existing laws.
penalty): During the pendency of the case, no property or income used
1. Bettor or derived therefrom which may be confiscated and forfeited
2. (same penalty) shall be disposed, alienated or transferred and the same shall
a. Personnel or staff of an illegal numbers game operation be in custodia legis and no bond shall be admitted for the
b. Any person who allows his vehicle, house, building or release of the same.
land to be used in the operation of the illegal numbers games. Upon conviction, all proceeds, gambling paraphernalia and
3. Collector or Agent other instruments of the crime including any real or personal
4. Coordinator, Controller or Supervisor property used in any illegal numbers game operation shall be
5. Maintainer, Manager or Operator confiscated and forfeited in favor of the State.
6. Financer or Capitalist All assets and properties of the accused either owned or
7. Protector or Coddler held by him/her in his/her name or in the name of another
person found to be manifestly out of proportion to his/her
Other provisions: lawful income shall be prima facie presumed to be
Possession of any Gabling paraphernalia and other materials proceeds of the offense and shall likewise be confiscated
used in the illegal numbers game operation shall be deemed and forfeited in favor of the State.
prima facie evidence of any offense (Sec. 4).
Recidivism the penalty higher in degree as provided in Sec. 3
shall be imposed upon a recidivist (Sec. 7)
Immunity from prosecution (Sec. 8)
o Any person who serves as a witness for the government or
provides evidence in a criminal case involving any violation
of this Act
o Any person who voluntarily or by virtue of a subpoena
testificandum or duces tecum, produces, identifies, or gives
testimony shall be immune from any criminal prosecution
Providing material information, whether testimonial or
documentary, necessary for the investigation or prosecution of
individuals committing any offenses under Sec. 3, 4, 5 shall be
placed under the Witness Protection Program (Sec. 10)

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SPECIAL PENAL LAWS
V. Drugs
A. Dangerous Drugs (R.A. 9165; R.A. 10640)
Unlawful act
Importation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals
Sale, trading, administration,
dispensation, delivery, distribution
and transportation of dangerous
drugs/ controlled precursors and
essential chemicals
Person(s) punishable Additional details
Any person who, unless authorized by law, shall import or bring into
the Philippines any dangerous drug, regardless of the quantity and
purity involved
Any person who unless authorized by law, shall import any
controlled precursor and essential chemical
Any person, unless authorized by law, who 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 that involving his official status to facilitate the
unlawful entry
Financier/ Protector/ Coddler
Any person who unless authorized, shall sell, trade, administer,
dispense, deliver, give away to another, distribute dispatch in transit
or transport any dangerous drug or who shall act as a broker,
regardless of quantity or purity
Any person who commits the same act as above but involving a
controlled precursor or any essential chemical
If 100 meters from a school
Using minors or mentally incapacitated individuals as runners,
couriers, and messengers or in any other capacity directly
connected
Victim is a minor or a mentally incapacitated individual whose death
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 56
SPECIAL PENAL LAWS

is caused by the drug/controlled precursor

Financier/ Protector/ Coddler

Maintenance of a Den, Dive or Anyone who shall maintain a den, dive or resort where any
Resort dangerous drug is used or sold in any form

If what is involved is a controlled precursor/ essential chemical

When any dangerous drug is administered/ delivered/ sold to a

minor who is allowed to use it in the place

Maintainer, owner, operator

The den/ dive/ resort owned by a third person, the complaint

alleging that the place is intentionally used for the crime and prove
intent of the owner to use it as such

Financier/ Protector/ Coddler

Employees and visitors of a den, 1. an employee who is aware of the nature of such place
dive, resort 2. Any person who is aware of the nature of the place and shall
knowingly visit it

Manufacture of Dangerous Drugs Anyone, unless authorized, who engages in the manufacture of any 1. Presence of any controlled
and/or Controlled precursors and dangerous drug precursor and essential chemical or
Essential Chemicals lab equipment in the clandestine lab is
If what is involved is a controlled precursor and essential chemical prima facie proof of manufacture

Financier/ Protector/ Coddler 2. Aggravating circumstances:

(a) Any phase of the process was
conducted in the presence or with
Protector/ coddler
the help of minors

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 57

SPECIAL PENAL LAWS

(b) Any phase or manufacturing

process was established or
undertaken within 100 meters of a
residential, business, church or
school premises;
(c) Any clandestine laboratory
was protected with booby traps
(d) Any clandestine laboratory
was concealed with legitimate
business operations
(e) Any employment of a
practitioner, chemical engineer,
public official or foreigner.

Illegal Chemical Diversion of Any person, unless authorized by law, who shall illegally divert any
Controlled Precursors and controlled precursor/ essential chemical
Essential Chemicals

Manufacture or Delivery of any person who shall deliver, possess with intent to deliver, or
Equipment, Instrument, Apparatus, manufacture with intent to deliver equipment, instrument, apparatus
and Other Paraphernalia for and other paraphernalia for dangerous drugs, knowing, or should
Dangerous Drugs and/or know, that it will be used to plant, propagate, cultivate, grow,
Controlled Precursors and harvest, manufacture, compound, convert, produce, process,
Essential Chemicals prepare, test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential chemical.

It will be used to introduce into the human body

Any person who uses any minor/ mentally incapacitated individual

to deliver such paraphernalia

Possession of Dangerous Drugs Any person who shall possess:

1. 10 g or more of opium;
2. 10 g or more of morphine;

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 58

SPECIAL PENAL LAWS

3. 10 g or more of heroin;
4. 10 g or more of cocaine or cocaine hydrochloride;
5. 50 g or more of "shabu";
6. 10 g or more of marijuana resin or marijuana resin oil;
7. 500 g or more of marijuana
8. 10 g or more of other dangerous drugs such as "ecstasy", PMA,
TMA, LSD, GHB, similarly designed or newly introduced drugs
without having any therapeutic value or if the quantity is far beyond
therapeutic requirements, as determined by the Board.

Anyone who shall possess 10 g or more but less than 50 g of

shabu

Anyone who shall possess:

1. 5 g or more but less than 10 g of opium, morphine, heroin,
cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, 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 far beyond therapeutic
requirements
2. 300 g or more but less than 500 g of marijuana

Anyone who shall possess:

1. Less than 5 g 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
2. Less than 300 g of marijuana

Possession of Equipment, Anyone who shall possess or have under his control any In the case of medical practitioners
Instrument, Apparatus and Other equipment, instrument, apparatus and other paraphernalia fit or and various professionals who are

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SPECIAL PENAL LAWS
Paraphernalia for Dangerous
Drugs
Possession of Dangerous Drugs
During Parties, Social Gatherings
or Meetings
Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous
Drugs During Parties, Social
Gatherings or Meetings
Use of Dangerous Drugs
Cultivation or Culture of Plants
Classified as Dangerous Drugs or
are Sources thereof
Maintenance and Keeping of
Original Records of Transactions
intended for introducing any dangerous drug into the body required to carry such equipment,
instrument, apparatus and other
paraphernalia in the practice of their
profession, the Board shall prescribe
the necessary guidelines.
Anyone found in possession of any dangerous drug during a party,
or at a social gathering or meeting, or in the proximate company of
at least two (2) persons, regardless of the quantity and purity
Any person in possession or controls any equipment, instrument,
apparatus and other paraphernalia fit or intended for introducing
any dangerous drug into the body, during parties, social gatherings
or meetings, or in the proximate company of at least 2 persons
Any person arrested who is found to be positive for use of any Not applicable if the person tested is
dangerous drug, after a confirmatory test also found in possession of any
dangerous drug, in which case he
shall be indicted for possession only.
Any person, who shall plant, cultivate or culture any plant 1. For medical laboratories and
regardless of quantity, which is or may hereafter be classified as a medical research centers the Board
dangerous drug or as a source of a dangerous drug shall prescribe the necessary
guidelines
Any person who shall use land belonging to the public domain 2. Land or greenhouses used shall be
escheated in favor of the State unless
Organizes, manages, or acts as financier the owner can prove lack of
knowledge despite exercise of due
diligence
Protector/coddler
Any practitioner, manufacturer, wholesaler, importer, distributor, The license to practice profession or
dealer or retailer who fails to comply with the maintenance and to operate a business shall also be
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 60
SPECIAL PENAL LAWS
on Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals
Unnecessary Prescription of
Dangerous Drugs
Unlawful Prescription of Dangerous
Drugs
Planting evidence
Partnerships, Corporations,
Associations or Other Juridical
Entities
keeping of the original records of transactions on any dangerous revoked
drug and/or controlled precursor and essential chemical
Anyone who shall prescribe any dangerous drug to any person
whose condition does not require the use or in the dosage
prescribed therein
Any person, who, unless authorized by law, shall issue a
prescription or that purporting to be a prescription for any
dangerous drug
Any person who is found guilty of "planting" any dangerous drug
and/or controlled precursor and essential chemical, regardless of
quantity and purity
1. The partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates
such violation - treated as co-principal
2. One who authorizes or consents to the use of a vehicle, vessel,
aircraft, equipment or other facility, as an instrument in the
transportation or manufacture of dangerous drugs, or chemical
diversion, if such objects are owned by or under the control or
supervision of the juridical entity to which they are affiliated
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Additional penalties

Confiscation and Forfeiture of the 1. During the pendency of the case, no property, or income derived therefrom 1. If the forfeited property
Proceeds or Instruments of the shall be disposed for it shall be in custodia legis and no bond shall be admitted is a vehicle, the same
Unlawful Act, Including the for its release shall be auctioned off not
Properties or Proceeds Derived 2. The PDEA shall take charge and have custody of the drugs/ chemicals/ later than 5 days upon
paraphernalia. order of confiscation or
PEOPLE V PADUA - The apprehending team after seizure, physically inventory and forfeiture.
photograph the same in the presence of the accused or the person from
whom such items were seized, a representative or counsel, a 2. No forfeiture of
representative from the media and the DOJ, and any elected public property of a third person
official who shall be required to sign the copies of the inventory and be not liable for the unlawful
given a copy act, but those which are
- Within 24 hours, the substances seized shall be submitted to the PDEA not of lawful commerce
Forensic Laboratory for a qualitative and quantitative examination and a shall be destroyed
certification with regard to the examination shall be done without delay
- After filing of the case, the Court shall conduct an ocular inspection of
that seized
- PDEA shall within 24 hours thereafter proceed with the destruction or
burning of the same, in the presence of the accused or the person from
whom such items were confiscated and/or seized, or his representative
or counsel, a representative from the media and the DOJ, civil society
groups and any elected public official.
- A representative sample shall be obtained to be presented in Court
3. After conviction, the Court shall schedule a hearing for the forfeiture of all the
proceeds and the assets and properties of the accused either owned or held by
him or in the name of some other persons manifestly out of proportion to his/her
lawful income
4. That confiscated shall be used to pay expenses incurred in the proceedings
for forfeiture, custody and maintenance of the property as well as expenses for
publication and court costs. That in excess shall be used in campaigns against
illegal drugs.

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Any person charged under this law
shall not be allowed to avail of the
provision on plea-bargaining
The probation law shall also not be
applicable for those convicted of
drug pushing/ trafficking
A positive finding for the use of
dangerous drugs shall be a
qualifying aggravating
circumstances
Attempt or Conspiracy
Public officers shall be penalized
with the maximum penalty and be
perpetually disqualified from holding
any public office
Deportation of Alien
RPC shall be applicable in the increase of the penalty
The attempt or conspiracy of the following acts shall be penalized with the same
penalty of their commission
1. Importation of any dangerous drug/ controlled precursor and essential
chemical;
2. Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and essential
chemical;
3. Maintenance of a den, dive or resort
4. Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
5. Cultivation or culture of plants which are sources of dangerous drugs.
1. Those who shall misappropriate or fail to account for confiscated dangerous
drugs, plant sources, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds
or properties
2. Those benefited from the proceeds or have received any financial or material
contributions or donations from those found guilty of trafficking dangerous drugs
After service of sentence without further proceedings shall be deported, unless
the penalty is death
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Accessory penalties Disqualified to exercise the following rights: Rights shall also be
1. the rights of parental authority or guardianship suspended during the
2. the rights to dispose of such property pendency of an appeal
3. political rights such as but not limited to, the right to vote and be voted for. from conviction

Immunity from prosecution
1. The information and testimony are necessary for the conviction of the The immunity shall not
persons attach should it turn out
2. Such information and testimony are not yet in the possession of the State; subsequently that the
3. Such information and testimony can be corroborated information/testimony is
4. The informant or witness has not been previously convicted of a crime false, malicious or made
involving moral turpitude, except when there is no other direct evidence only for the purpose of
available harassing
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.

Dangerous Drugs Test and Record Requirements

Laboratories authorized to conduct drug tests 1. Any government forensic laboratories

2. Any of the drug testing laboratories accredited and monitored by the DOH to safeguard the
quality of test results

Drug tests (valid for a one-year period from 1. The screening test which will determine the positive result as well as the type of the drug
the date of issue) used
2. The confirmatory test which will confirm a positive screening test

Who shall be subjected to undergo drug 1. Applicants for driver's license

testing? 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

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Issue of False Drug Test Results
Those required to submit records for
transactions on Dangerous Drug and
Precursors and Essential Chemicals
Participation of the family, students, teachers and school authorities
Family
Student Councils and Campus Orgs
School Curricula
Heads, Supervisors, and Teachers of Schools
Publication and Distribution of Materials on Dangerous
Drugs
6. All persons charged before the prosecutor's office with a criminal offense having a penalty of
imprisonment of not less than 6years and 1 day
7. All candidates for public office
8. Any person apprehended or arrested for violating the provisions of this Act if the
apprehending officer has reasonable ground to believe that the person arrested, is under the
influence of dangerous drugs.
Any person authorized, licensed or accredited under this Act and its implementing rules to conduct
drug examination or test, who issues false or fraudulent drug test results knowingly, willfully or
through gross negligence shall be punished under this act
1. pharmacists
2. physicians
3. dentists
4. veterinarians
5. practitioners authorized to prescribe any dangerous drug
6. manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs
and/or controlled precursors and essential chemicals
Assure awareness of members of the family on ill effects of dangerous drugs
For all elementary, secondary and tertiary schools include activities for prevention of
use of dangerous drugs, and referral for treatment for drug dependence
Include instruction on drug abuse prevention in all types of schools, public or private
They shall be deemed persons in authority and are empowered to apprehend/arrest
any person in violation of this law. If discovers that any person in the school or within
its immediate vicinity is liable for violating any of said provisions, they must report to the
school head or immediate superior (failure of which shall give rise to disciplinary action)
The development, publication and distribution of information and support educational
materials on dangerous drugs to the community
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Duties of each Sector (Sections 46 - 53)

National Government Section 46 - Special Drug Action Center - establish a special education drug center for out-of-school youth
and street children that would sponsor drug prevention programs.

The said program shall also be adopted in all orphanages and special centers for street children.

Section 48 - Guidelines for the National Drug-Free Workplace Program - DOLE will formulate guidelines for
a drug free workplace.

Private Sector Section 47 - Drug Free Workplace - Companies with TEN (10) OR MORE EMPLOYEES shall include a
MANDATORY drafting and adoption of company policies against drug use in the workplace in close
coordination with DOLE.

Section 49 - Labor Organizations and Private Sectors - Private Sectors shall include programs and info
campaigns against drugs in their collective bargaining agreements or any joint agreements.

Section 50- Government Assistance - Private Sectors may ask assistance from govt for drug related
programs e.g. seminars

Local Government Section 51. Local Government Units' Assistance - Local govt units shall set aside annual budget for the
enforcement of this act.

Section 52. Abatement of Drug Related Public Nuisances -

Requirements to be declared public nuisance:
1) Any place or premise
2) Used on two (2) or more occasions as site for unlawful sale or delivery of drugs

Procedure for declaration: (Hearing - Notice - Opportunity to present evidence)

1) Any city or municipality may, by ordinance, create an administrative board to hear complaints
regarding the nuisances;
2) Any employee, officer, or resident of the city or municipality may bring a complaint before the Board
after giving not less than three (3) days written notice of such complaint to the owner of the place or
premises at his/her last known address; and

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3) After hearing in which the Board may consider any evidence, including evidence of the general
reputation of the place or premises, and at which the owner of the premises shall have an opportunity to
present evidence in his/her defense, the Board may declare the place or premises to be a public
nuisance.

*Decision stage is at Section 53.

Section 53. Effect of Board Declaration - The Administrative Board may declare an order to prohibit the
conduct, operation or maintenance of any business or activity on the premises which is conducive to nuisance.

The order expires AFTER one (1) year.

This also does not restrict the right of any person to proceed under the Civil Code against any public nuisance
(*Note: This refers to our Property class where an individual has a to abate)

Rehabilitation and Treatment of Drug Dependents under Voluntary Submission (Section 54, 56, 59 and 60)

Submission to Centers Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation -
Any drug dependent who violates Section 15 of this act may be surrendered by:
1) Himself
2) Parent
3) Spouse
4) Guardian
5) Relative within the fourth degree of consanguinity or affinity.

Procedure:
1) Apply to the Board for treatment or rehabilitation
2) Board will bring the order to the Court
3) The Court will have the person examined by a DOH-accredited physician for drug dependency.
4) Court again will order the drug dependent to undergo treatment in a Center recommended by the Board
for a period of NOT LESS THAN SIX (6) months BUT NOT MORE THAN ONE (1) YEAR.

*Court may extend the confinement for rehabilitation

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The drug dependent may be placed under the DOH-accredited physician instead provided:
1) There are no Center approved by the Board that is accessible or near to the residence of the drug
dependent OR
2) Drug dependent is 18 yrs and is a first-time offender and non-confinement in the Center will not pose
danger to him/her or to his/her family.

Temporary Release Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the
Voluntary Submission Program - The Court may temporarily release the rehabilitated upon certification of the
Center Provided he shall submit to the DOH for after-care and follow-up treatment, including urine testing, for a
period not exceeding eighteen (18) months under such terms and conditions that the Court may impose.

If during his release, he is certified to be rehabilitated, he/she may be discharged by the Court subject to
Section. 55 of this act AND WITHOUT PREJUDICE to a pending court case.

If he requires further treatment, he will be recommitted to the Center for confinement and subjected to the same
after-care and follow-up treatment.

In Case of Escape Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary
Submission Program: In case of escape, the person may be surrendered by
a) Himself
b) or through his/her Parent
c) Spouse
d) Guardian
e) Relative within the fourth degree of consanguinity or affinity.
within one (1) week from the date of the said escape;

If AFTER one (1) week he does not submit himself or is not submitted, the Board will apply to the court a
recommitment order, to which the court will issue within one (1) week.

If he ESCAPES AFTER RECOMMITMENT, he/she shall be charged for violation of Section 15 of this Act and
he subjected under section 61 of this Act on order of the Board or Court.

Confidentiality of Records Section 60. Confidentiality of Records Under the Voluntary Submission Program: Judicial and medical
records will be confidential EXCEPT to determine how many times he/she voluntarily submitted himself/herself
for confinement, treatment and rehabilitation or has been committed to a Center under this program.

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Criminal Liability of those who Voluntary Submitted (Sections 55 and 57)

Exempted from Criminal Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program: They shall
Liability be exempted from criminal liability under Section 15 of this Act subject to the following conditions:

1) He/she has complied with the rules and regulations of the center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least eighteen (18) months
following temporary discharge from confinement in the Center or, in the case of a dependent placed under the
care of the DOH-accredited physician, the after-care program and follow-up schedule formulated by the DSWD
and approved by the Board: Provided, That capability-building of local government social workers shall be
undertaken by the DSWD;

2) He/she has never been charged or convicted of any offense punishable under this Act, the
Dangerous Drugs Act of 1972 OR Republic Act No. 6425, as amended; the Revised Penal Code, as amended;
or any special penal laws;

3) He/she has no record of escape from a Center

Provided, That had he/she escaped, he/she surrendered by
a) Himself
b) or through his/her Parent
c) Spouse
d) Guardian
e) Relative within the fourth degree of consanguinity or affinity.
within one (1) week from the date of the said escape; and

4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her
exemption from criminal liability.

Those Not Exempted from Section 57. Probation and Community Service Under the Voluntary Submission Program: Those
Criminal Liability discharged from the Center but do not qualify for exemption from criminal liability under Section 55 of this Act,
may be charged under the provisions of this Act. Instead of imprisonment, they shall be placed on
probation and undergo a community service and/or a fine in the discretion of the court.

This is without prejudice to the outcome of any pending case filed in court. Such drug dependent shall undergo

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community service as part of his/her after-care and follow-up program.

Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary
Submission Program: Those who are not rehabilitated after the second commitment to the Center under the
voluntary submission program shall be charged with violation of Section 15 of this Act.

His confinement and rehabilitation in the Center will be credited.

Rehabilitation and Treatment of Drug Dependents under Compulsory Submission (Sections 61, 62, 64, and 65)

Persons Qualified under Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary
Compulsory Confinement Submission Program: Notwithstanding any law, rule and regulation to the contrary, any person determined
and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized
representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the
purpose.

This shall be filed at the RTC of the province or city where person is found. A hearing and notice to such person
will then be done. The court will designate two (2) physicians accredited by the Board to determine if the person
is drug dependent, if after such test and the court is satisfied he is drug dependent, the court will issue a
commitment order.

In any event, the order of discharge or order of confinement or commitment shall be issued not later than fifteen
(15) days from the filing of the appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and
Rehabilitation: Applicable to persons who are charged with imposable penalty of imprisonment of less than
six (6) years and one (1) day and found to be drug dependent.

The court shall dismiss the proceedings and submit the record of the case to the Board. If the Board is satisfied
that he/she is drug dependent then, if public interest requires, file a case to the RTC of the province or city
where person is found or to the court where his case is being tried or investigated. The court will then issue a
commitment order to an accredited Center if found to be drug dependent.

The Center will then submit every four (4) months a report. If he/she is rehabilitated, he/she shall be returned to
the court, which committed him, for his/her discharge therefrom. The prosecution of his offense will thereafter

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continue.

If the accused is certified by the treatment and rehabilitation center to have maintained good behavior he/she
shall be given full credit for the period he/she was confined in the Center provided that:
1) That the offense he is being prosecuted is under Section 15 of this Act
2) He is not a recidivist

Section 64. Confidentiality of Records Under the Compulsory Submission Program: Those who are
rehabilitated under the compulsory submission program, or who was charged for violation of Section 15 of this
Act, shall be covered by Section 60 of this Act. However, the records of a drug dependent who was not
rehabilitated, or who escaped but did not surrender himself/herself within the prescribed period, shall be
forwarded to the court and their use shall be determined by the court, taking into consideration public interest
and the welfare of the drug dependent.

Section 65. Duty of the Prosecutor in the Proceedings - Duty of the prosecutor to prepare the appropriate
petition in all proceedings arising from this Act.

Criminal Liability of those who are under Compulsory Submission (Section 63 and 57)

Prescription/Escape Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory
Submission Program: The prescription of the offense of the drug dependent will not run during his
rehabilitation or confinement.

He may be temporarily released on the condition that he submits himself to DOH for after-care and follow-up
treatment for a period not exceeding eighteen (18) months under such terms and conditions as may be
imposed by the Board. If he is rehabilitated, then the court may then resume the prosecution of his case

IN CASE OF ESCAPE he/she may be surrendered by

a) Himself
b) or through his/her Parent
c) Spouse
d) Guardian
e) Relative within the fourth degree of consanguinity or affinity.
within one (1) week from the date of the said escape;

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If he fails to submit himself or be submitted, the Board will apply for a recommitment order.

If, subsequent to such recommitment, he/she should escape again, he/she shall no longer be exempt from
criminal liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally discharged from confinement shall be
exempt from criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case
filed in court. On the other hand, a drug dependent who is not rehabilitated after a second commitment to the
Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15
of this Act again without prejudice to the outcome of any pending case filed in court.

Rules for Minors

Suspension of Sentence Section 66. Suspension of Sentence of a First-Time Minor Offender: An accused over (15) years of age at
the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen
(18) years of age at the time when judgment should have been promulgated. After having been found
guilty of said offense, may be given the benefits of a suspended sentence.

This is subject to the following conditions:

1) He/she has not been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws;
2) He/she has not been previously committed to a Center or to the care of a DOH-accredited
physician; and
3) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the
Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen
(18) months.
Upon recommendation of the Board, the court may commit the accused under suspended sentence to a
Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up
program for not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized
under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare

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Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the
provisions of this Section.

Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor
Offender: Suspended sentence can be availed only once.

Discharge under Suspended Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor
Sentence Offender: If the minor is UNDER SUSPENDED SENTENCE complies with applicable rules and regulations of
the Board, including the ones in the Center the court, upon a favorable recommendation of the Board for the
final discharge of the accused, shall discharge the accused and dismiss all proceedings.

Upon dismissal, all the records will be expunge other than the confidential records that will be kept by the DOJ.
The minor will be returned to his former status and he will not be guilty of any perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the cases that were kept confidential or recite
any fact related thereto in response to any inquiry made of him for any purpose.

Rules imposed on the Minor Section 69. Promulgation of Sentence for First-Time Minor Offender: If the accused first-time minor
offender violates any of the conditions of his/her suspended sentence, including the ones imposed by the Board
and the Center, the court shall pronounce judgment of conviction and he/she shall serve sentence as any other
convicted person.

Offender Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment:
After the promulgation the court, may, at its discretion:

1) Place the minor under probation EVEN IF the sentence provided under this Act is higher than that
provided under existing law on probation. OR
2) Impose community service in lieu of imprisonment

In case of probation, the Board with DOH and Board of Pardons shall cause a surveillance on the minor and will
submit a report to the court that would recommend the termination of probation and a final discharge of the
probationer. The court will decide on the termination of probation.

Community service applies only to those charged under Section 15 of this act.
The Board will determine the time and manner of the community service and will cause a surveillance of the
minor. The Board will also recommend the discharge of the minor. The judicial records will follow Section 60

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and 64 of this Act.

If the minor still needs to serve imprisonment, the period spent in the Center by the accused during the
suspended sentence period shall be deducted from the sentence to be served.

Judicial Records Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a confidential record of
the proceedings on suspension of sentence and shall not be used for any purpose other than to determine
whether or not a person accused under this Act is a first-time minor offender.

Liabilities

Those who violate the Section 72. Liability of a Person Who Violates the Confidentiality of Records:
confidentiality of Records
Imprisonment of Six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00) to those who:

1) Having official custody and access to confidential records UNDER voluntary submission program
2) Those who had gained access to the records, lawfully or not, and reveals them to those other than
charged with prosecution

The maximum penalty with perpetual absolute disqualification shall be given to government officials.

Should the records be used unlawfully, such as blackmailing the drug dependent or his/her family members, the
penalty here for the crime of violation of confidentiality shall be in addition to whatever crime he/she may be
convicted of.

Parents Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any
Concerned Agency: Any parent or spouse who, without reason:

1) Refuses to cooperate with the Board for treatment and rehabilitation of the drug dependent, who is a
minor; OR
2) Prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug
dependent, whether under voluntary submission program or compulsory submission program,

The parents then may be cited for contempt.

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Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent: The following shall be
charged a certain percentage of the cost of the drug dependents treatment and rehabilitation.
1) His/her Parent
2) Spouse
3) Guardian
4) Relative within the fourth degree of consanguinity or affinity.

The price will be formulated by the DSWD taking into consideration the economic status of the family of the
person confined.

B. Anti-Drunk and Drugged Driving Act of 2013 (R.A.

10586)
Punishable Acts (Sec. 5): Any person to drive a motor vehicle while
under the influence of alcohol, dangerous drugs and/or other similar
substances.
How to Conduct a field Sobriety, Chemical and Confirmatory
Test (Sec. 6)
1. A law enforcement officer shall conduct a field sobriety test if:
He 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 persons breath or signs of use of
dangerous drugs and other similar substances.
Note: Field Sobriety Test are 1) the horizontal gaze
nystagmus, 2) the walk-and-turn, 3) the one-leg stand, 4) and
other similar tests as determined jointly by the DOH, the
NAPOLCOM and the DOTC.
2. 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 drivers blood alcohol concentration level
through the use of a breath analyzer or similar measuring
instrument.
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 the Dangerous Drug Act (R.A.
9165)
Mandatory Alcohol and Chemical Testing of Drivers Involved in
Motor Vehicular Accidents (Sec. 7)
They shall be subjected to chemical tests, including a drug
screening test and, if necessary, a drug confirmatory
test as mandated under the Dangerous Drug Act to
determine the presence and/or concentration of alcohol,
dangerous drugs and/or similar substances in the
bloodstream or body.

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Refusal to Subject Oneself to undergo the mandatory field Note:

sobriety and drug test (Sec. 8) Applicable to the owners and/or operators of public utility
Penalized by the confiscation and automatic revocation vehicles and commercial vehicles, such as delivery vans, cargo
of his or her drivers license, in addition to other penalties trucks, container trucks, school and company buses, hotel
provided herein and/or other pertinent laws. transports, cars or vans for rent, taxi cabs, and the like.

Sec. 12 Penalties (Important Last Sentence) VI. Firearms

The prosecution for any violation of this Act shall be without A. Firearms and Ammunitions (P.D. 1866; R.A. 8294; R.A.
prejudice to criminal prosecution for violation of the Revised 9516; R.A. 10591)
Penal Code, Dangerous Drug Act -- Republic Act No. 9165, and
other special laws and existing local ordinances, whenever Definitions (Sec. 3)
applicable. Firearm any handheld or portable weapon, whether a small
The nonprofessional drivers license of any person found to have arm or light weapon, that expels or is designed to
violated Section 5 of this Act shall also be confiscated and expel a bullet, shot, slug, missile or any projectile,
suspended for a period of twelve (12) months for the first which is discharged by means of expansive force of
conviction and perpetually revoked for the second conviction. gases from burning gunpowder or other form of
The professional drivers license of any person found to have combustion or any similar instrument or implement
violated Section 5 of this Act shall also be confiscated and the barrel, frame or receiver is considered a firearm
perpetually revoked for the first conviction. The perpetual Loose Can be any of the following:
revocation of a drivers license shall disqualify the person from firearm 1. unregistered firearm
being granted any kind of drivers license thereafter. 2. obliterated or altered firearm
3. firearm which has been lost or stolen
Direct Liability of Operator and/or Owner of the Offending 4. illegally manufactured firearms
Vehicle (Sec. 13) 5. registered firearms in the possession of an
General Rule: The owner and/or operator* of the vehicle driven by individual other than the licensee and those with
the offender shall be directly and principally held liable together with revoked licenses
the offender for the fine and the award against the offender for Non-loose ELEMENTS (this is not in the law, but sir enumerated
civil damages firearm this in class):
1. Person is licensed
Exception: He or she is able to convincingly prove that he or she 2. Gun is registered
has exercised extraordinary diligence in the selection and 3. Gun is not stolen and was legally bought
supervision of his or her drivers in general and the offending driver in 4. Gun is not tampered with
particular. 5. Person is the licensed possessor of the registered
o Thus not anymore directly and principally liable for the fine gun
and civil damages.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 76

SPECIAL PENAL LAWS
Light Class-A Light weapons: self-loading pistols, rifles and
weapons carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62MM which
have fully automatic mode
Class-B Light weapons: 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
Small firearms intended to for individual use or is generally
arms 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.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 77
Qualifications to obtain a license to own and possess firearms
(individual): (Sec. 4) F.A.C.T.
Filipino citizen
At least 21 years old
Has gainful work, occupation or business or had filed an
Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation
Certifications Issued by Appropriate Authorities
o Should not have been convicted of any crime
involving moral turpitude;
o Has passed the psychiatric test administered by a
PNP-accredited psychologist or psychiatrist;
o Has passed the drug test conducted by an
accredited and authorized drug testing laboratory
or clinic;
o Has passed a gun safety seminar (administered by
the PNP or a registered and authorized gun club);
o Has filed in writing the application to possess a
registered firearm (shall state the personal
circumstances of the applicant);
o Must present a police clearance from the city or
municipality police office; and
o 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
An acquittal or permanent dismissal of a
criminal case before the courts of law shall
qualify the accused thereof to acquire a
license
An applicant who intends to possess a firearm owned by a
juridical entity shall submit his/her duty detail order to the
Firearms and Explosive Office (FEO) of the PNP.
SPECIAL PENAL LAWS FICC

Ownership of Firearms by Juridical Entity: (Sec. 5) The following professionals are considered to be in imminent
A juridical person maintaining its own security force may be issued a danger due to the nature of their profession, occupation or
regular license to own and possess firearms and ammunition under business:
the following conditions: (a) Members of the Philippine Bar;
(a) Filipino-owned and duly registered with the Securities and (b) Certified Public Accountants;
Exchange Commission (SEC); (c) Accredited Media Practitioners;
(b) Current, operational and a continuing concern; (d) Cashiers, Bank Tellers;
(c) Completed and submitted all its reportorial requirements to the (e) Priests, Ministers, Rabbi, Imams;
SEC; and (f) Physicians and Nurses;
(d) Has paid all its income taxes for the year (duly certified by BIR) (g) Engineers; and
(h) Businessmen (by the nature of their business are exposed to
Note: Security agencies and LGUs shall be included in this category high risk of being targets of criminal elements)
but shall be subject to additional requirements as may be required by
the Chief of the PNP Registration and Licensing
Who has authority to issue license? (Sec. 8)
Corporate Officers eligible to represent the juridical person Chief of the PNP, through the FEO
1. President; 2. Vice president; 3. Treasurer; and 4. Board secretary
* officer applying for the juridical entity shall possess all the Types of Licenses Issued to Individuals (Sec. 9)
qualifications required of a citizen applying for a license to possess Type 1 license max. of two (2) a vault or a container secured by
firearms registered firearms; lock and key or other security
Type 2 license max. of five (5) measures for the safekeeping of
Ownership of Firearms by the National Government: (Sec. 6) registered firearms; firearms shall be required
All firearms owned by the National Government shall be registered
with the FEO of the PNP in the name of the Republic of the Type 3 license max. of 10 1. a vault or a container secured
Philippines. For reason of national security, firearms of the Armed registered firearms; by lock and key or other security
Forces of the Philippines (AFP), Coast Guard and other law Type 4 license max. of 15 measures for the safekeeping of
enforcement agencies shall only be reported to the FEO of the PNP. registered firearms; and firearms shall be required
Type 5 license if certified gun
Carrying of Firearms Outside of Residence or Place of Business collector, more than 15 2. citizen must comply with the
(Sec. 7) registered firearms inspection and bond
issued by the Chief of the PNP or duly authorized representative to requirements
any qualified person whose life is under actual threat or his/her life
is in imminent danger due to the nature of his/her profession, Firearms That May Be Registered (Sec. 10)
occupation or business Only small arms may be registered

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 78

SPECIAL PENAL LAWS
If light weapon: 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
If private individuals who already have licenses to possess
Class-A light weapons, they shall not be deprived of the privilege
to continue possessing the same and renewing the licenses
License to possess ammunition included: 50 rounds for each
registered firearm
For licensed sports shooters, FEO may allow more
Renewal of Licenses and Registration (Sec. 19)
1. All types of licenses to possess a firearm shall be renewed
every two (2) years
Failure to renew the license: revocation of the license and
the registration of the firearm/s under said licensee
2. Registration of the firearm shall be renewed every four (4) years
Failure to renew the registration: revocation of the license of
the firearm + firearm shall be confiscated or forfeited in favor of the
government after due process
Failure to renew a license or registration within the periods
stated above on two (2) occasions: the holder of the firearm shall
be perpetually disqualified from applying for any firearm license
Grounds for Revocation, Cancellation or Suspension of
License or Permit (Sec. 39)
(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;
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 79
(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 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
Penal Provisions
Acts Punished (Sec. 28): Unlawful Acquisition, or Possession of
Firearms and Ammunition
(a) Unlawfully acquire or possess a small arm;
(b) If three (3) or more small arms or Class-A light weapons are
unlawfully acquired or possessed by any person;
(c) Any person who shall unlawfully acquire or possess a Class-
A light weapon;
(d) 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) 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;
SPECIAL PENAL LAWS
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) Any person who shall unlawfully acquire or possess a major
part of a small arm;
(g) Any person who shall unlawfully acquire or possess
ammunition for a small arm or Class-A light weapon
If 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) Any person who shall unlawfully acquire or possess a major
part of a Class-A light weapon;
(i) Any person who shall unlawfully acquire or possess
ammunition for a Class-A light weapon
If 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) Any person who shall unlawfully acquire or possess a major
part of a Class-B light weapon; and
(k) Any person who shall unlawfully acquire or possess
ammunition for a Class-B light weapon
If 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
Notes in class:
What if the gun is broken, or there are no bullets, is it still a
crime? YES.
What if you were caught with a small arm and a light
weapon at the same time, will it be considered as 2
crimes? NO, it will be absorbed.
Can a third person be held liable for this law? (this was
asked to Eric, di ko bet answer ni Eric, and Im not sure
either, but..)
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 80
o A third person can be held liable if you plant
evidence (if you are successful in implicating that
person). If you are not successful, YOU are liable.
o Liability for Planting Evidence (Sec. 38) 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
Old Firearms Rule
Possession (P) only Penalty for (P) only (prision mayor)
(P) + Homicide / Murder H/M + aggravating
(P) + other crimes Penalty for the crime
New Firearms Rule
(P) only Penalty for (P) only (prision mayor)
(P) + inherent in crime Crime + aggravating
(P) + used in crime with lower Prision mayor
penalty
(P) + used in crime with same Crime + prision mayor minimum
penalty
(P) + no use in the crime Crime + penalty for (P)
SPECIAL PENAL LAWS
VII. Property and Economic
A. Anti-Carnapping Act (R.A. 6539; R.A. 7659)
Definition of Terms (Sec. 3)
Carnapping (Elements)
1) actual taking of a motor vehicle
2) belonging to another
3) with intent to gain
4) without the latter's consent or by means of violence against
or intimidation of persons, or by using force upon things.
Motor vehicle
any vehicle propelled by any power other than muscular power
which can be used on public highways
EXCEPT 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
Registration of motor vehicle engine, engine block and chassis
(Sec. 3)
Within one year after the approval of this Act, all motor vehicle
engine, engine block and chassis must be registered with the Land
Transportation Commission (LTC).
Registration of sale, transfer, conveyance, substitution or
replacement of a motor vehicle engine, engine block or chassis
(Sec. 5)
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 LTC.
Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 81
Duty of Collector of Customs to report arrival of imported motor
vehicle, etc. (Sec. 7)
The Collector of Customs of a principal port of entry where an
imported motor vehicle, engine, chassis or body is unloaded, shall,
within seven days after the arrival thereof, make a report of the
shipment to the LTC giving the details of the item.
Duty of importers, distributors and sellers of motor vehicles to
keep record of stocks (Sec. 8)
They shall keep a permanent record of his stocks, stating therein
their type, make and serial numbers, and the names and addresses
of the persons from whom they were acquired and the names and
addresses of the persons to whom they were sold, and shall render
an accurate monthly report of his transactions in motor vehicles to
the LTC.
Duty of manufacturers of engine blocks, chassis or body to
cause numbering of engine blocks, chassis or body
manufactured (Sec. 9)
They shall cause the numbering of every engine block, chassis or
body manufactured in a convenient and conspicuous part thereof
which the LTC may direct for the purpose of uniformity and
identification of the factory and shall submit to the Land
Transportation Commission LTC a monthly report of the manufacture
and sale of engine blocks, chassis or body.
Clearance and permit required for assembly or rebuilding of
motor vehicles (Sec. 10)
Any person who shall undertake to assemble or rebuild or cause the
assembly or rebuilding of a motor vehicle shall first secure a
certificate of clearance from the Philippine Constabulary.
SPECIAL PENAL LAWS

In the case of motor vehicle engines to be mounted on motor boats,

motor bancas and other light water vessels, the applicant shall Any government official or employee
secure a permit from the Philippine Coast Guard. o who directly commits the unlawful acts or
o is guilty of gross negligence of duty or
Clearance required for shipment of motor vehicles, motor o connives with or permits the commission of any of
vehicle engines, engine blocks, chassis or body (Sec. 11) the said unlawful act
Any person who owns or operates inter-island shipping or any water in addition, shall be dismissed from the service with
transportation with launches, boats, vessels or ships shall within prejudice to his reinstatement and with disqualification from
seven days submit a report to the Philippine Constabulary on all voting or being voted for in any election and from
motor vehicle, motor vehicle engines, engine blocks, chassis or appointment to any public office
bodies transported by it for the motor vehicle, motor vehicle engine,
engine block, chassis or body to be loaded on board the launch, boat Penalty for Carnapping (Sec. 14)
vessel or ship. When carnapping is committed Penalty
Without violence or intimidation of Imprisonment (X) for not less
Defacing or tampering with serial numbers of motor vehicle persons, or force upon things than 14 years and 8 months and
engines, engine blocks and chassis (Sec. 12) not more than 17 years and 4
Elements months [14y 8m < X < 17y 4m]
1) any person By means of violence against or Imprisonment for not less than
2) defaces or otherwise tampers with intimidation of any person, or 17 years and 4 months and not
3) the original or registered serial number of motor vehicle force upon things more than 30 years
engines, engine blocks and chassis [17y 4m < X < 30y]
With the owner, driver or Reclusion perpetua to death
Penal Provisions (Sec. 13) occupant of the carnapped motor
Any person vehicle is killed or raped in the
who violates the provision of this Act is punished with course of the commission of the
imprisonment for not less than two years nor more than six carnapping or on the occasion
years and a fine equal in amount to the acquisition cost of thereof
the motor vehicle, motor vehicle engine or any other part
involved in the violation Aliens (Sec. 15)
If convicted under the provisions of this Act, he shall be deported
Juridical person immediately after service of sentence without further proceedings.
penalty provided shall be imposed on its president or
secretary and/or members of the board of directors or any of
its officers and employees who may have directly
participated in the violation.

Arcaina Baadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 82