SPECIAL PENAL LAWS

ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS
CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A
BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER
PURPOSES.

Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which
shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the
said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by
the Code for the offense; and if the offense is punished by any other law, the court shall sentence the accused
to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and
the minimum shall not be less than the minimum term prescribed by the same.
chan robles virtual law library

Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-
imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those convicted of
misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual
delinquents; to those who have escaped from confinement or evaded sentence; to those who having been granted
conditional pardon by the Chief Executive shall have violated the terms thereof; to those whose maximum term
of imprisonment does not exceed one year, not to those already sentenced by final judgment at the time of
approval of this Act, except as provided in Section 5 hereof. chan robles virtual law library

.
Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary of Justice who
shall be its Chairman, and four members to be appointed by the President, with the consent of the Commission
on Appointments who shall hold office for a term of six years: Provided, That one member of the board shall be
a trained sociologist, one a clergyman or educator, one psychiatrist unless a trained psychiatrist be employed
by the board, and the other members shall be persons qualified for such work by training and experience. At
least one member of the board shall be a woman. Of the members of the present board, two shall be designated
by the President to continue until December thirty, nineteen hundred and sixty-six and the other two shall
continue until December thirty, nineteen hundred and sixty-nine. In case of any vacancy in the membership of
the Board, a successor may be appointed to serve only for the unexpired portion of the term of the respective
members. chan robles virtual law library

Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as may be necessary
for carrying out its functions and duties. The Board is empowered to call upon any bureau, office, branch,
subdivision, agency or instrumentality of the Government for such assistance as it may need in connection with
the performance of its functions. A majority of all the members shall constitute a quorum and a majority vote
shall be necessary to arrive at a decision. Any dissent from the majority opinion shall be reduced to writing and
filed with the records of the proceedings. Each member of the Board, including the Chairman and the Executive
Officer, shall be entitled to receive as compensation fifty pesos for each meeting actually attended by him,
notwithstanding the provisions of Section two hundred and fifty-nine of the Revised Administrative Code, and
in addition thereto, reimbursement of actual and necessary traveling expenses incurred in the performance of
duties: Provided, however, That the Board meetings will not be more than three times a week. chan robles
virtual law library

Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical, mental and moral
record of the prisoners who shall be eligible to parole and to determine the proper time of release of such
prisoners. Whenever any prisoner shall have served the minimum penalty imposed on him, and it shall appear
to the Board of Indeterminate Sentence, from the reports of the prisoner's work and conduct which may be
received in accordance with the rules and regulations prescribed, and from the study and investigation made
by the Board itself, that such prisoner is fitted by his training for release, that there is a reasonable probability
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that such prisoner will live and remain at liberty without violating the law, and that such release will not be
incompatible with the welfare of society, said Board of Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted hereunder, authorize the release of such prisoner on parole,
upon such terms and conditions as are herein prescribed and as may be prescribed by the Board. The said
Board of Indeterminate Sentence shall also examine the records and status of prisoners who shall have been
convicted of any offense other than those named in Section 2 hereof, and have been sentenced for more than
one year by final judgment prior to the date on which this Act shall take effect, and shall make recommendation
in all such cases to the Governor-General with regard to the parole of such prisoners as they shall deem qualified
for parole as herein provided, after they shall have served a period of imprisonment not less than the minimum
period for which they might have been sentenced under this Act for the same offense. chan robles virtual law
library

Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and in
such manner as may be required by the conditions of his parole, as may be designated by the said Board for
such purpose, report personally to such government officials or other parole officers hereafter appointed by the
Board of Indeterminate Sentence for a period of surveillance equivalent to the remaining portion of the
maximum sentence imposed upon him or until final release and discharge by the Board of Indeterminate
Sentence as herein provided. The officials so designated shall keep such records and make such reports and
perform such other duties hereunder as may be required by said Board. The limits of residence of such paroled
prisoner during his parole may be fixed and from time to time changed by the said Board in its discretion. If
during the period of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall
not violate any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may issue a final
certificate of release in his favor, which shall entitle him to final release and discharge. chan robles virtual law
library

Sec. 7. The Board shall file with the court which passed judgment on the case, and with the Chief of
Constabulary, a certified copy of each order of conditional or final release and discharge issued in accordance
with the provisions of the next preceding two sections.

Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of surveillance,
violate any of the conditions of his parole, the Board of Indeterminate Sentence may issue an order for his re-
arrest which may be served in any part of the Philippine Islands by any police officer. In such case the prisoner
so re-arrested shall serve the remaining unexpired portion of the maximum sentence for which he was originally
committed to prison, unless the Board of Indeterminate Sentence shall, in its discretion, grant a new parole to
the said prisoner. chan robles virtual law library

Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-General
as set forth in Section 64(i) of the Revised Administrative Code or the Act of Congress approved August 29, 1916
entitled "An Act to declare the purpose of the people of the United States as to the future political status of the
people of the Philippine Islands, and to provide a more autonomous government for those Islands." chan robles
virtual law library

Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to receive the benefits
provided in Section 1751 of the Revised Administrative Code.

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PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and humane correctional
systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs
constitutes an onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely
to respond to individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall
apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree numbered
Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he were to
serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires,
be construed thus:

(a) "Probation" is 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.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a
probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution
of said sentence and place the defendant on probation for such period and upon such terms and conditions as
it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application
for probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken
from the sentence of conviction. The filing of the application shall be deemed a waver of the right to appeal, or
the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior investigation
by the probation officer and a determination by the court that the ends of justice and the best interest of the
public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the probation officer under
Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the Secretary
of Justice.

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Section 7. Period for Submission of Investigation Report. The 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. The court shall resolve the petition for probation not later than five days after receipt of said
report.

Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed
on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail was filed or
that the defendant is incapable of filing one, the court may allow the release of the defendant on recognize the
custody of a responsible member of the community who shall guarantee his appearance whenever required by
the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on
probation, the court shall consider all information relative, to the character, antecedents, environment, mental
and physical condition of the offender, and available institutional and community resources. Probation shall be
denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to
an institution; or

(b) there is undue risk that during the period of probation the offender will commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) 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;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such place as may be
specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior written
approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified
institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;

(g) refrain from visiting houses of ill-repute;

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(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which time
the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with
any of the conditions prescribed in the said order or his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or the probation officer of the filing such an application
so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period or
conditions of probation.

Section 13. Control and Supervision of Probationer. The 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.

Whenever a 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, and in such a case,
a copy of the probation order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall
have the power with respect to him that was previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall
not exceed two years, and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case
of insolvency, the period of probation shall not be less than nor to be more than twice the total number of days
of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of the Revised Penal
Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue a
warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer, once
arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and
summary, of the violation charged. The defendant may be admitted to bail pending such hearing. In such a
case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers
arrested under this provision. If the violation is established, the court may revoke or continue his probation
and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall
not be appealable.

Section 16. Termination of Probation. After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.

The final discharge of the probationer 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.

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The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court concerned, except that the court, in its discretion, may permit
the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best
interest of the probationer make such disclosure desirable or helpful: Provided, Further, That, any government
office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby created under the Department of Justice an agency
to be known as the Probation Administration herein referred to as the Administration, which shall exercise
general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the proper
execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He shall
hold office during good behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall
be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning the
operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the methods
and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration
and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve the
objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall
assist the Administrator perform such duties as may be assigned to him by the latter and as may be provided
by law. In the absence of the Administrator, he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-
six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five years
of age, holder of a master's degree or its equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration, or related fields, and
should have at least five years of supervisory experience, or be a member of the Philippine Bar with at least
seven years of supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices organized
in accordance with the field service area patterns established under the Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of
the Philippines in accordance with the Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice.

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The Regional Probation Officer shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual salary of
at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with an annual
salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each province
and city who shall be appointed by the Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and conditions of
their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use all suitable
methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act as
probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation Officers
shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments and to
take depositions in connection with their duties and functions under this Decree. They shall also have, with
respect to probationers under their care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person
shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses at
least a bachelor's degree with a major in social work, sociology, psychology, criminology, penology, corrections,
police science, administration, or related fields and has at least three years of experience in work requiring any
of the abovementioned disciplines, or is a member of the Philippine Bar with at least three years of supervisory
experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified residents
of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice shall
organize the administrative structure of the Administration and the other agencies created herein. During said
period, he shall also determine the staffing patterns of the regional, provincial and city probation offices with
the end in view of achieving maximum efficiency and economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be necessary to enable them to carry out their duties
effectively.

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Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as probation
aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel allowance.
They shall hold office for such period as may be determined by the Probation Administrator. Their qualifications
and maximum case loads shall be provided in the rules promulgated pursuant to this Decree.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from six
months and one day to six years and a fine ranging from hundred to six thousand pesos shall be imposed upon
any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five Hundred
Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not otherwise
appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten Million Five
Hundred Thousand Pesos or so much as may be necessary shall be included in the annual appropriations of
the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or inconsistent
with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or
unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the application
of its substantive provisions concerning the grant of probation shall only take effect twelve months after the
certification by the Secretary of Justice to the Chief Justice of the Supreme Court that the administrative
structure of the Probation Administration and of the other agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six.

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PRESIDENTIAL DECREE No. 1612

ANTI-FENCING LAW OF 1979

WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of
government and private properties;

WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of
the existence of ready buyers, commonly known as fence, of stolen properties;lawphil.net

WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished
lightly;

WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery
and theft.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in
me by the Constitution, do hereby order and decree as part of the law of the land the following:

Section 1. Title. This decree shall be known as the Anti-Fencing Law.

Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows, or should be known to him, to have been derived from
the proceeds of the crime of robbery or theft.

(b) "Fence" includes any person, firm, association corporation or partnership or other organization who/which
commits the act of fencing.

Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:

(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not
exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the
total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be termed
reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also
be imposed.

(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed
or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.

(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property involved
is more than 200 pesos but not exceeding 6,000 pesos.

(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value
of the property involved is over 50 pesos but not exceeding 200 pesos.

(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50
pesos.

(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.

Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer thereof who knows or should have known the
commission of the offense shall be liable.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

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Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of any good, article item, object of anything of value
obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public,
secure the necessary clearance or permit from the station commander of the Integrated National Police in the
town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General,
Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section.
Any person who fails to secure the clearance or permit required by this section or who violates any of the
provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a
fence. lawphi1.net

Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree
are hereby repealed or modified accordingly.

Section 8. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.

RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE
NO. 1612, KNOWN AS THE ANTI-FENCING LAW.

Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules and
regulations are hereby promulgated to govern the issuance of clearances/permits to sell used secondhand
articles obtained from an unlicensed dealer or supplier thereof:

I. Definition of Terms

1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value obtained from
an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.

2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation, association or any
other entity or establishment not licensed by the government to engage in the business of dealing in or of
supplying the articles defined in the preceding paragraph.

3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the buying and
selling used secondhand articles, as defined in paragraph hereof.

4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the purpose of
resale to third persons.

5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the
territorial limits of the town or city district where the store, establishment or entity dealing in the buying and
selling of used secondhand articles is located.

II. Duty to Procure Clearance or Permit

1. No person shall sell or offer to sell to the public any used secondhand article as defined herein without first
securing a clearance or permit for the purpose from the proper Station Commander of the Integrated National
Police.

2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or group of
individuals, the clearance or permit shall be obtained by or in the name of the president, manager or other
responsible officer-in-charge thereof.

3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or
subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the public, the
said branch or subsidiary shall secure the required clearance or permit.

4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt or
equivalent document evidencing the legality of its acquisition could be presented by the present possessor or
holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified or irregularly obtained,

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shall be presumed as having been acquired from an unlicensed dealer or supplier and the possessor or holder
thereof must secure the required clearance or permit before the same can be sold or offered for sale to the
public.

III. Procedure for Procurement of Clearances or Permits

1. The Station Commanders concerned shall require the owner of a store or the president, manager or
responsible officer-in-charge of a firm, establishment or other entity located within their respective jurisdictions
and in possession of or having in stock used secondhand articles as defined herein, to submit an initial affidavit
within thirty (30) days from receipt of notice for the purpose thereof and subsequent affidavits once every fifteen
(15) days within five (5) days after the period covered, which shall contain:

(a) A complete inventory of such articles acquired daily from whatever source and the names and addresses of
the persons from whom such articles were acquired.

(b) A full list of articles to be sold or offered for sale as well as the place where the date when the sale or offer
for sale shall commence.

(c) The place where the articles are presently deposited or kept in stock.

The Station Commander may, at his discretion when the circumstances of each case warrant, require that the
affidavit submitted be accompanied by other documents showing proof of legitimacy of the acquisition of the
articles.

2. A party required to secure a clearance or permit under these rules and regulations shall file an application
therefor with the Station Commander concerned. The application shall state:

(a) The name, address and other pertinent circumstances of the persons, in case of an individual or, in the case
of a firm, corporation, association, partnership or other entity, the name, address and other pertinent
circumstances of the president, manager or officer-in-charge.

(b) The article to be sold or offered for sale to the public and the name and address of the unlicensed dealer or
supplier from whom such article was acquired.

In support of the application, there shall be attached to it the corresponding receipt or other equivalent
document to show proof of the legitimacy of acquisition of the article.

3. The Station Commander shall examine the documents attached to the application and may require the
presentation of other additional documents, if necessary, to show satisfactory proof of the legitimacy of
acquisition of the article, subject to the following conditions:

(a) If the legitimacy of acquisition of any article from an unlicensed source cannot be satisfactorily established
by the documents presented, the Station Commander shall, upon approval of the INP Superintendent in the
district and at the expense of the party seeking the clearance/permit, cause the publication of a notice in a
newspaper of general circulation for two (2) successive days enumerating therein the articles acquired from an
unlicensed dealer or supplier, the names and addresses of the persons from whom they were acquired and shall
state that such articles are to be sold or offered for sale to the public at the address of the store, establishment
or other entity seeking the clearance/permit. In places where no newspapers are in general circulation, the
party seeking the clearance or permit shall, instead, post a notice daily for one week on the bulletin board of
the municipal building of the town where the store, firm, establishment or entity concerned is located or, in the
case of an individual, where the articles in his possession are to be sold or offered for sale.

(b) If after 15 days, upon expiration of the period of publication or of the notice referred to in the preceding
paragraph, no claim is made with respect to any of the articles enumerated in the notice, the Station
Commander shall issue the clearance or permit sought.

(c) If, before expiration of the same period for publication of the notice or its posting, it shall appear that any of
the articles in question is stolen property, the Station Commander shall hold the article in restraint as evidence
in any appropriate case to be filed. Articles held in restraint shall be kept and disposed of as the circumstances

11
of each case permit, taking into account all considerations of right and justice in the case. In any case where
any article is held in restraint, it shall be the duty of the Station Commander concerned to advise/notify the
Commission on Audit of the case and comply with such procedure as may be proper under applicable existing
laws, rules and regulations.

4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of the application, act
thereon by either issuing the clearance/permit requested or denying the same. Denial of an application shall
be in writing and shall state in brief the reason/s therefor.

5. The application, clearance/permit or the denial thereof, including such other documents as may be pertinent
in the implementation of Section 6 of P.D. No. 1612 shall be in the forms prescribed in Annexes "A", "B", "C",
"D", and "E" hereof, which are made integral parts of these rules and regulations.

6. For the issuance of clearances/permit required under Section 6 of P.D. No. 1612, no fee shall be charged.

IV. Appeals

Any party aggrieved by the action taken by the Station Commander may elevate the decision taken in the case
to the proper INP District Superintendent and, if he is still dissatisfied therewith may take the same on appeal
to the INP Director. The decision of the INP Director may also be appealed to the INP Director-General whose
decision may likewise be appealed to the Minister of National Defense. The decision of the Minister of National
Defense on the case shall be final. The appeal against the decision taken by a Commander lower than the INP
Director-General should be filed to the next higher Commander within ten (10) days from receipt of notice of
the decision. The decision of the INP Director-General should be appealed within fifteen (15) days from receipt
of notice of the decision.

V. Penalties

1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or who violates
any of the provisions of these rules and regulations shall upon conviction be punished as a fence.

2. The INP Director-General shall recommend to the proper authority the cancellation of the business license
of the erring individual, store, establishment or the entity concerned.

3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the
provisions of Section 6 of P.D. No. 1612 and with these rules and regulations shall be held in restraint until
satisfactory evidence or legitimacy of acquisition has been established.

4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are found to
be stolen property shall likewise be held under restraint and shall, furthermore, be subject to confiscation as
evidence in the appropriate case to be filed. If, upon termination of the case, the same is not claimed by their
legitimate owners, the article/s shall be forfeited in favor of the government and made subject to disposition as
the circumstances warrant in accordance with applicable existing laws, rules and regulations. The Commission
on Audit shall, in all cases, be notified.

5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P.D. No. 1612
or any of its implementing rules and regulations or who, in any manner whatsoever, connives with or through
his negligence or inaction makes possible the commission of such violations by any party required to comply
with the law and its implementing rules and regulations, shall be prosecuted criminally without prejudice to
the imposition of administrative penalties.

VI. Visitorial Power

It shall be the duty of the owner of the store or of the president, manager or responsible officer-in-charge of any
firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for
sale to the public to allow the Station Commander or his authorized representative to exercise visitorial powers.
For this purpose, however, the power to conduct visitations shall be exercise only during office or business
hours and upon authority in writing from and by the INP Superintendent in the district and for the sole purpose

12
of determining whether articles are kept in possession or stock contrary to the intents of Section 6 of P.D. No.
1612 and of these rules and regulations.

VII. Other Duties Imposed Upon Station Commanders and INP District Superintendent and Directors Following
Action on Applications for Clearances or Permits

1. At the end of each month, it shall be the duty of the Station Commander concerned to:

(a) Make and maintain a file in his office of all clearances/permit issued by him.

(b) Submit a full report to the INP District Superintendent on the number of applications for clearances or
permits processed by his office, indicating therein the number of clearances/permits issued and the number of
applications denied. The report shall state the reasons for denial of an application and the corresponding follow-
up actions taken and shall be accompanied by an inventory of the articles to be sold or offered for sale in his
jurisdiction.

2. The INP District Superintendent shall, on the basis of the reports submitted by the Station Commander, in
turn submit quarterly reports to the appropriate INP Director containing a consolidation of the information
stated in the reports of Station Commanders in his jurisdiction.

3. Reports from INP District Superintendent shall serve as basis for a consolidated report to be submitted semi-
annually by INP Directors to the Director-General, Integrated National Police.

4. In all cases, reports emanating from the different levels of the Integrated National Police shall be accompanied
with full and accurate inventories of the articles acquired from unlicensed dealers or suppliers and proposed to
be sold or offered for sale in the jurisdictions covered by the report.

These implementing rules and regulations, having been published in a newspaper of national circulation, shall
take effect on June 15, 1979.

FOR THE CHIEF OF CONSTABULARY DIRECTOR-GENERAL, INP

13
PRESIDENTIAL DECREE No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION
OF CRIMINAL OFFENDERS

WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government
to effectively contain them;

WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal
offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the
successful apprehension and prosecution of criminal offenders;

NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by law do hereby decree and order the following:

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000
pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any
of the following acts:

(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;

(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property
or that of any immediate member or members of his family in order to prevent such person from appearing in
the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or
unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in,
criminal cases;

(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating information from
the data gathered in confidence by investigating authorities for purposes of background information and not
for publication and publishing or disseminating the same to mislead the investigator or to the court.

If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall
be imposed.

Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the
penalties provided thereunder, suffer perpetual disqualification from holding public office.

Section 3. This Decree shall take effect immediately.

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Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act
of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children
and guarantees full respect for human rights. The State also recognizes the need to protect the family and its
members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in
keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal
Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights instruments of which the
Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual
or dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is 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 victim's body, forcing
her/him 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;

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.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering
of the victim such as 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.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes,
but is not limited to the following:

1. 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;

15
2. 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;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical
and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship.
A casual acquaintance or ordinary socialization between two individuals in a business or social context is not
a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD
for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of
the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims
of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their
children is committed 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;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) 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;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

16
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling
the victim's own mon4ey 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.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall
be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall
be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than
arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

17
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of such
court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where
the crime or any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life. The provisions of the protection order shall be enforced
by law enforcement agencies. The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection
orders that may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any
of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property
rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a
law enforcement agent to accompany the respondent has gathered his things and escort respondent from the
residence;

(d) Directing the respondent to stay away from 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 petitioner's or respondent's removal of personal
belongings;

(f) Granting a temporary or permanent custody of a 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 respondent's 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 liable 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;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other 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 any designated family
or household member consents to such relief.
18
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation
or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying
for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of
the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women
and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial
court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner:
Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall
be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief
in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act.
A standard protection order application form, written in English with translation to the major local languages,
shall be made available to facilitate applications for protections order, and shall contain, among other, the
following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting
to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the
victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life,
it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in
the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for
purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.
19
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought to
their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand
Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in
the applications for a protection order for the appointment of counsel because of lack of economic means to
hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the
petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the
services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte.
The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by
the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs)
refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing
acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue
the protection order to the applicant on the date of filing after ex parte determination of the basis of the
application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be
acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must
be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the
time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of
an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the
respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the application after ex parte determination that such order should
be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective
for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by
the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include
notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued
by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer
shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer
for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite
proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment
on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct
of a respondent even if the same was not directed against the applicant or the person for whom the applicant
is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1)
day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire,
the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time
until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary
or applicable to address the needs of the applicant.

20
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective
until revoked by a court upon application of the person in whose favor the order was issued. The court shall
ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of
violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO
shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act
from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced
type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an
application for a protection order within the reglementary period specified in the previous section without
justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is
alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the
basis of applications for a protection order under this Act shall have priority over all other proceedings.
Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order
under this Act above all other business and, if necessary, suspend other proceedings in order to hear
applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must
be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has
territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an
application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable
under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection
orders shall be applicable in impliedly instituted with the criminal actions involving violence against women
and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is
issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person
will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case
exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

21
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support
of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court finds compelling reasons to order
otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering
from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the
following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have
the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there
is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs
or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten
Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

22
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to,
an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse
or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall
establish programs such as, but not limited to, education and information campaign and seminars or symposia
on the nature, causes, incidence and consequences of such violence particularly towards educating the public
on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and
training of their officers and personnel on the prevention of violence against women and their children under
the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application
for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection
order to compromise or abandon any of the reliefs sought in the application for protection under this Act.
Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code
of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their
children as herein defined, any person, private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or restraint greater than necessary to
ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting
therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance
office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a protection
order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral
and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order
in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there
is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection

23
order, the court shall accept the application without payment of the filing fee and other fees and of transcript
of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of
the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women
and their children, hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as
well as develop capability programs for their employees to become more sensitive to the needs of their clients.
The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than
an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf,
and shall receive emoluments as may be determined by the Council in accordance with existing budget and
accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and
treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts
and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric
treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases.
– All agencies involved in responding to violence against women and their children cases shall be required to
undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

24
e. techniques for handling incidents of violence against women and their children that minimize the likelihood
of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and
barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to
ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance
with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published,
in any format, the name, address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's consent, shall be liable to the
contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not
more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the
annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement
services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the
DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable
laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid,
the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in
at least two (2) newspapers of general circulation.

25
Republic Act No. 7610 June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

ARTICLE I
Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to
provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination
and other conditions, prejudicial their development; provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person
having care or custody of the child fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have no
control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations
Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as
a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of life;
26
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or
in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good
quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of
children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children.1awphi1Ÿ

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge
in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual
abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to,
the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other
similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child
in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty

27
for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where
the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving
as a cover or which engages in prostitution in addition to the activity for which the license has been issued to
said establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the
said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person
is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including,
but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter,
shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under
Section 7 of this Act:1awphi1@alf

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued
by the Department of Social Welfare and Development or written permit or justification from the child's parents
or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children
for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall
be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or
model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer
the penalty of prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall
be imposed in its maximum period.

28
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or
allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other
acts covered by this section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to
the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for
other conditions prejudicial to the child's development including those covered by Article 59 of Presidential
Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty
of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That
this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity
or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal
duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium
period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the
perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental
authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor herein described shall be imposed a penalty
of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss
of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

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

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion
perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable
under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under
twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.

29
ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. 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. – All establishments and enterprises which
promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and
indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously
displayed outside the establishments or enterprises by the Department of Social Welfare and Development for
such period which shall not be less than one (1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same
occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended.
An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts
as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for
adults of the same or opposite sex and said services include any lascivious conduct with the customers; or
solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts
penalized herein.

ARTICLE VIII
Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer's family are employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or
legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or
guardian, with the express agreement of the child concerned, if possible, and the approval of the Department
of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account
the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure
observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and
Sports 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. Such course design shall integrate the learning process deemed most effective under
given circumstances.

30
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall
employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and
109 of Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a
fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or
imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of
the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to
operate shall be revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under
this Act and other existing laws, children of indigenous cultural communities shall be entitled to protection,
survival and development consistent with the customs and traditions of their respective communities.

Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall
develop and institute an alternative system of education for children of indigenous cultural communities which
culture-specific and relevant to the needs of and the existing situation in their communities. The Department
of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous
educational programs conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children
of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and
other health institution shall ensure that children of indigenous cultural communities are given equal attention.
In the provision of health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.

Section 20. Discrimination. – 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).

Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all
government programs affecting children of indigenous cultural communities. Indigenous institution shall also
be recognized and respected.

ARTICLE X
Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the
goal of children as zones of peace. To attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected
from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units
or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief services shall be
kept unhampered;

31
(d) The safety and protection of those who provide services including those involved in fact-finding missions
from both government and non-government institutions shall be ensured. They shall not be subjected to undue
harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed
conflict.

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the
safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children
evacuated are accompanied by persons responsible for their safety and well-being.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be
housed in the same premises and given separate accommodation from other evacuees and provided with
facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children
shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be
given opportunities for physical exercise, sports and outdoor games.

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – 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;

(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of the community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed
the acts charged against him, the court shall determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all
further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and
Development 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 Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject
to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner
as appeals in criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the
barangay affected by the armed conflict shall submit the names of children residing in said barangay to the
municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed
conflict.

ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
32
(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC

(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;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56,
series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.

Section 29. Confidentiality. – 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.Lawphi1@alf

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers
of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election
cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall
give preference to the hearing or disposition of cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period 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;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever
barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer
or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then
the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if
the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed;
and

33
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department
of Social Welfare and Development 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.

ARTICLE XIII
Final Provisions

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations
of the effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general
circulation.

Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the year following its enactment into law
and thereafter.

Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue in full force and effect.

Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are
hereby repealed or modified accordingly.

Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two
(2) national newspapers of general circulation.

Approved: June 17, 1992.

34
BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT
FUNDS OR CREDIT AND FOR OTHER PURPOSES.

Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply
on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same
reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by
imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not
more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos,
or both such fine and imprisonment at the discretion of the court.

The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.

Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the
check in behalf of such drawer shall be liable under this Act.

Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment
of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented
within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such
insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon,
or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving
notice that such check has not been paid by the drawee.

Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to
pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain
language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided,
That where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of
any unpaid and dishonored check, having the drawee's refusal to pay stamped or written thereon or attached
thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or issuance of said
check, and the due presentment to the drawee for payment and the dishonor thereof, and that the same was
properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check.

Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.

Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an arrangement or
understanding with the bank for the payment of such check.

Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to
any liability for violation of any provision of the Revised Penal Code.

Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the
remaining provisions shall continue to be in force.

Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.

Approved: April 3, 1979

35
REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are respected
at all times; and that no person placed under investigation or held in custody of any person in authority or,
agent of a person authority shall be subjected to physical, psychological or mental harm, force, violence, threat
or intimidation or any act that impairs his/her free wi11 or in any manner demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as
provided for in the 1987 Philippine Constitution; various international instruments to which the Philippines is
a State party such as, but not limited to, the International Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT); and all other relevant international human rights instruments to which the
Philippines is a signatory.

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not include pain or Buffering arising only from, inherent in
or incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent
of a person in authority against a person under his/her custody, which attains a level of severity causing
suffering, gross humiliation or debasement to the latter.

(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or
punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture, or
other cruel, inhuman and degrading treatment or punishment.

(d) "Order of Battle" refers to any document or determination made by the military, police or any law enforcement
agency of the government, listing the names of persons and organizations that it perceives to be enemies of the
State and that it considers as legitimate targets as combatants that it could deal with, through the use of means
allowed by domestic and international law.

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person
in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:

36
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances
not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the
brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical
torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:

(i) The administration or drugs to induce confession and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale,
such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief
that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the
victim's head or putting marks on his/her body against his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and

37
(12) Other analogous acts of mental/psychological torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading
treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person
in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to
the latter. The assessment of the level of severity shall depend on all the circumstances of the case, including
the duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex,
religion, age and state of health of the victim.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute
Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply
to all circumstances. A state of war or a threat of war, internal political instability, or any other public
emergency, or a document or any determination comprising an "order of battle" shall not and can never be
invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited.

In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law
enforcement. agencies concerned shall make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained
therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed.
This list shall be made available to the public at all times, with a copy of the complete list available at the
respective national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted by
the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to
be periodically updated, by the same agencies, within the first five (5) days of every month at the minimum.
Every regional office of the PNP, AFP and other law enforcement agencies shall also maintain a similar list far
all detainees and detention facilities within their respective areas, and shall make the same available to the
public at all times at their respective regional headquarters, and submit a copy. updated in the same manner
provided above, to the respective regional offices of the CHR.

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement obtained
as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence
against a person or persons accused of committing torture.

Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall have
the following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such
as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the National Bureau of
Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum period of sixty (60) working
days from the time a complaint for torture is filed within which an investigation report and/or resolution shall
be completed and made available. An appeal whenever available shall be resolved within the same period
prescribed herein,

(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation as a
consequence of the filing of said complaint or the presentation of evidence therefor. In which case, the State
through its appropriate agencies shall afford security in order to ensure his/her safety and all other persons
involved in the investigation and prosecution such as, but not limited to, his/her lawyer, witnesses and
relatives; and

(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any
fora in order to avoid further trauma.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance with
a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any, filed on
behalf of the victim of torture or other cruel, degrading and inhuman treatment or punishment shall be disposed
38
of expeditiously and any order of release by virtue thereof, or other appropriate order of a court relative thereto,
shall be executed or complied with immediately.

Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel,
inhuman and degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center
(BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).

Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every
person arrested, detained or under custodial investigation shall have the right to he informed of his/her right
to demand physical examination by an independent and competent doctor of his/her own choice. If such person
cannot afford the services of his/her own doctor, he/she shall he provided by the State with a competent and
independent doctor to conduct physical examination. The State shall endeavor to provide the victim with
psychological evaluation if available under the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person arrested, detained or under custodial
investigation, including his/her immediate family, shall have the right to immediate access to proper and
adequate medical treatment. The physical examination and/or psychological evaluation of the victim shall be
contained in a medical report, duly signed by the attending physician, which shall include in detail his/her
medical history and findings, and which shall he attached to the custodial investigation report. Such report
shall be considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental
examinations, the medical reports shall, among others, include:

(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the patient or victim;

(c) The name and address of the person who brought the patient or victim for physical, psychological and mental
examination, and/or medical treatment;

(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;

(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;

(f) The place where the injury, pain, disease and/or trauma was/were sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily waive
such rights in writing, executed in the presence and assistance of his/her counsel.

Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous
or simultaneous acts shall be liable as principal

Any superior military, police or law enforcement officer or senior government official who issued an order to any
lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of
the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other
cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by
him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof
by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have
known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed,

39
is being committed, or has been committed by his/her subordinates or by others within his/her area of
responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture
or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations
of such act, whether deliberately or due to negligence shall also be liable as principals.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is being committed and without having participated
therein, either as principal or accomplice, takes part subsequent to its commission in any of the following
manner:

(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other
cruel, inhuman and degrading treatment or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or
destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring, concealing or
assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading treatment
or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.

Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the
following acts:

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become
insane, imbecile, impotent, blind or maimed for life; and

(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological
torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the
victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in
psychological, mental and emotional harm other than those described 1n paragraph (b) of this section. '

(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in consequence of
torture, the victim shall have lost the power of speech or the power to hear or to smell; or shall have lost an eye,
a hand, a foot, an arm or a leg; or shall have lost the use of any such member; Or shall have become permanently
incapacitated for labor.

(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in consequence of
torture, the victim shall have become deformed or shall have lost any part of his/her body other than those
aforecited, or shall have lost the use thereof, or shall have been ill or incapacitated for labor for a period of more
than ninety (90) days.

(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for mare than
thirty (30) days but not more than ninety (90) days.

(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in consequence
of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or less.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading treatment
or punishment as defined in Section 5 of this Act.

40
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain secret
detention places and/or effect or cause to effect solitary confinement, incommunicado or other similar forms of
prohibited detention as provided in Section 7 of this Act where torture may be carried out with impunity.

(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP, the PNP
and other law enforcement agencies for failure to perform his/her duty to maintain, submit or make available
to the public an updated list of detention centers and facilities with the corresponding data on the prisoners or
detainees incarcerated or detained therein, pursuant to Section 7 of this Act.

Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or commission
thereof. In which case, torture shall be treated as a separate and independent criminal act whose penalties
shall be imposable without prejudice to any other criminal liability provided for by domestic and international
laws.

Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture shall not benefit from any special amnesty law or similar
measures that will have the effect of exempting them from any criminal proceedings and sanctions.

Section 17. Applicability of Refouler. - 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 torture.
For the purposes of determining whether such grounds exist, the Secretary of the Department of Foreign Affairs
(DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall take into account
all relevant considerations including, where applicable and not limited to, the existence in the requesting State
of a consistent pattern of gross, flagrant or mass violations of human rights.

Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right to
claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the right
to claim for compensation from such other financial relief programs that may be made available to him/her
under existing law and rules and regulations.

Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and
such other concerned government agencies, and human rights organizations shall formulate a comprehensive
rehabilitation program for victims of torture and their families. The DSWD, the DOJ and thc DOH shall also
call on human rights nongovernment organizations duly recognized by the government to actively participate
in the formulation of such program that shall provide for the physical, mental, social, psychological healing and
development of victims of torture and their families. Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading
punishment shall likewise be formulated by the same agencies.

Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to periodically
oversee the implementation of this Act. The Committee shall be headed by a Commissioner of the CRR, with
the following as members: the Chairperson of the Senate Committee on Justice and Human Rights, the
respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights, and the
Minority Leaders of both houses or their respective representatives in the minority.

Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National Defense
(DND), the Department of the Interior and Local Government (DILG) and such other concerned parties in both
the public and private sectors shall ensure that education and information regarding prohibition against torture
and other cruel, inhuman and degrading treatment or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials and other persons who may be
involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention
or imprisonment. The Department of Education (DepED) and the Commission on Higher Education (CHED)
shall also ensure the integration of human rights education courses in all primary, secondary and tertiary level
academic institutions nationwide.

41
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar as they
are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the Revised
Penal Code is attended by any of the acts constituting torture and other cruel, inhuman and degrading
treatment or punishment as defined herein, the penalty to be imposed shall be in its maximum period.

Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated to
the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of
human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to all
officers and members of various law enforcement agencies.

Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in full force and effect.

Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in at least two (2) newspapers of general circulation

42
REPUBLIC ACT NO. 10951

An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based and
the Fines Imposed Under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise
Known as “The Revised Penal Code”, as Amended

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 9 of Act No. 3815, otherwise known as “The Revised Penal Code” is hereby amended to read
as follows:

“Art. 9. Grave felonies, less grave felonies and light felonies.— Grave felonies are those to which the law attaches
the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of
this Code.

“Less gave felonies are those which the law punishes with penalties which in their maximum period are
correctional in accordance with abovementioned article.

“Light felonies are those infractions of law or the commission of which the penalty of arresto menor or a fine not
exceeding Forty housand pesos (₱40,000) or both is provided.”

Section 2. Article 26 of the same Act is hereby amended to read as follows:

“Art. 26. When afflictive, correctional, or light penalty.— A fine, whether imposed as a single or as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds One million two hundred thousand (₱1,200,000);
a correctional penalty, if it does not exceed One million two hundred thousand pesos (₱1,200,000) but is not
less than Forty thousand pesos (₱40,000); and a light penalty, if it be less than Forty thousand pesos (₱40,000).”

Section 3. Article 114 of the same Act, as amended by Republic Act No. 7659, is hereby further amended to
read as follows:

“Art. 114. Treason.— Any Filipino citizen who levies war against the Philippines or adheres to her enemies,
giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death
and shall pay a fine not to exceed Four million pesos (₱4,000,000).

“No person shall be convicted of treason unless on the testimony of two (2) witnesses at least to the same overt
act or on confession of the accused in open court.

“Likewise, an alien, residing in the Philippines, who commits act of treason as defined in paragraph 1 of this
article shall be punished by reclusion temporal to death and shall pay a fine not to exceed Four million pesos
(₱4,000,000).”

Section 4. Article 115 of the same Act is hereby amended to read as follows:

“Art. 115. Conspiracy and proposal to commit treason; Penalty.— The conspiracy or proposal to commit the
crime of treason shall be punished respectively, by prisión mayor and a fine not exceeding Two million pessos
(₱2,000,000), and prisión correccional and a fire not exceeding One million pesos (₱1,000.000).”

Section 5. Article 129 of the same Act is hereby amended to read as follows:

“Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained.— In addition
to the liability attaching to the offender for the commission of any offense, the penalty of arresto mayor in its
maximum period to prisión correccional in its minimum period and a fine not exceeding (₱200,000) shall be
imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having
legally procured the same, shall exceed his authority or use unncessary severity in executing the same.”

Section 6. Article 136 of the same Act, as amended by Republic Act No. 6968, is hereby amended to read as
follows:

43
“Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion, or insurrection.— The conspiracy and
proposal to commit coup d’etat shall be punished by prisión mayor in its minimum period and a fine which shall
not exceed One million pesos (₱1,000,000).

“The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prisión
correccional in its maximum period and a fine which shall not exceed One million pesos (₱1,000,000) and
by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000).”

Section 7. Article of the same Act is hereby amended to read as follows:

“Art. 140. Penalty for sedition.— The leader of sedition shall suffer the penalty of prisión mayorin its minimum
period and fine not exceeding Two million pesos (₱2,000,000).

“Other persons participating therein shall suffer the penalty of prisión correccional in its maximum period and
a fine not exceeding One million pesos (₱1,000,000).”

Section 8. Article 141 of the same Act is hereby amended to read as follows:

“Art. 141. Conspiracy to commit sedition.— Persons conspiring to commit the crime of sedition shall be
punished by prisión correccional in its medium period and a fine not exceeindg Four hundred thousand pesos
(₱400,000).”

Section 9. Article 142 of the same Act is hereby amended to read as follows:

“Art. 142. Inciting to sedition.— The penally of prisión correccional in its maximum period and a fine not
exceeding Four hundred thousand pesos (₱400,000) shall be imposed upon any person who, without taking
any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which
constitute sedition by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any person or persons who shall utter seditious words or
speeches, write, publish, or circulate scurrilous libels against the Government, or any of the duly constituted
authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his
office, or which tend to instigate others to cabal and meet together for unlawful purposes or which suggest or
incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities
or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly
conceal such evil practices.”

Section 10. Article 143 of the same Act is hereby amended to read as follows:

“Art. 143. Acts tending to prevent the meeting of Congress and similar bodies.— The penalty of prisión
correccional or a fine ranging from Forty thousand pesos (₱40,000) to Four hundred thousand pesos (₱400,000),
or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of Congress or of any
of its committees or subcommittees, Constitutional Commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board.”

Section 11. Article 144 of the same Act is hereby amended to read as follows:

“Art. 144. Disturbance of proceedings.— The penalty of arresto mayor or a fine from Forty thousand pesos
(₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed upon any person who disturbs the
meetings of Congress or of any of its committees or subcommittees. Constitutional Commissions or committees
or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any
such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it.”

Section 12. Article 147 of the same Act is hereby amended to read as follows:

“Art. 147. Illegal associations.— The penalty of prisión correccional in its minimum and medium periods and a
fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon the founders, directors, and
presidents of associations totally or partially organized for the purpose of committing any of the crimes
punishable under this Code or for some purposed contrary to public morals. Mere members said associations
shall suffer the penalty of arresto mayor.”

44
Section 13. Article 148 of the same Act is hereby amended to read as follows:

“Art. 148. Direct assaults.— Any persons who, without a public uprising, shall employ force or intimidation for
the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or shall
attack, employ force, or seriously intimidate or resist any person in authority of any of his agents, while engaged
in the performance of official duties, or on ocasion of such performance, shall suffer the penalty of prisión
correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos
(₱200,000), when the assault is committed with a weapon or when the offender is a public officer or employee,
or when the offender lays hands upon a person in authority. If none of these circumstances be present, the
penalty of prisión correccional in its minimum period and a fine not exceeding One hundred thousand pesos
(₱100,000) shall be imposed.”

Section 14. Article 149 of the same Act is hereby amended to read as follows:

“Art. 149. Indirect assaults.— The penalty of prisión correccional in its minimum and medium periods and a
fine not exceeding One hundred thousand (₱100,000) shall be imposed upon any person who shall make use
of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the
commission of any of the crimes defined in the next preceding article.”

Section 15. Article 150 of the same Act is hereby amended to read as follows:

“Art. 150. Disobedience to summons issued by Congress, its committees or subcommittees, by the Constitutionial
Commissions, its committees, subcommittees or divisions.— The penalty of arresto mayor or a fine ranging from
Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both such fine and
imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness
before Congress, its special or standing committees and subcommittees, the Constitutional Commissions and
its committees, subcommittees, or divisions, or before any commission or committee chairman or member
authorized to summon witnesses, refuses, without legal excuse to obey such summons, or being present before
any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to
answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when
required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person
who shall induce disobedience to summons or refusal to be sworn by any such body or official.”

Section 16. Article 151 of the same Act is hereby amended to read as follows:

“Art. 151. Resistance and disobedience to a person in authority or the agents of such person.— The penalty
of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any
person who not being included in the provisions of the preceding articles shall resist or seriously disobey any
person in authority, or the agents of such person, while engaged in the performance of official duties.

“When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto
menor or a fine ranging from Two thousand pesos (₱2,000) to Twenty thousand pesos (₱20,000) shall be imposed
upon the offender.”

Section 17. Article 153 of the same Act is hereby amended to read as follows:

“Art. 153. Tumults and other disturbances of public order; Tumultuous disturbance or interruption liable to cause
disturbance.— The penalty of arresto mayor in its medium period to prisión correccional in its minimum period
and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon any person who shall
cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public
performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Article
131 and 132.

“The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of
a tumultuous character.

“The disturbance or interruption shall be deemed to be tumutuous if caused by more three (3) persons who are
armed or provided with means of violence.

45
“The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public
place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or
emblems which provoke a disturbance of the public order.

“The penalty of arresto mayor and a fine not to exceed Forty thousand pesos (₱40,000) shall be imposed upon
these person who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp
the body of a person who has been legally executed.”

Section 18. Article 154 of the same Act is hereby amended to read as follows:

“Art. 154. Unlawful use of means of publication and unlwaful utterances.— The penalty of arresto mayor and a
fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed
upon:

“1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause
to be published as news any false news which may endanger the public order, or cause dausage to the interest
or credit of the State;

“2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to
the law or to the constituted authorites or praise, justify, or extol an, act punished by law;

“3. Any person who shall maliciously publish or cause to be published any official resolution or document
without proper authority or before they have been published officially; or

“4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as
anonymous.”

Section 19. Article 155 of the same Act is hereby amended to read as follows:

“Art. 155. Alarms and scandals.— The penalty of arresto menor or a fine not exceeding Forty thousand pesos
(₱40,000) shall be imposed upon:

“1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other
explosives calculated to cause alarm or danger;

“2. Any person who shall instigate or take an active part in any charvari or other disorderly meeting offensive
to another or prejudicial to public tranquility;

“3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall
disturb the public peace; or

“4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
places: Provided, That the circumstances of the case shall not make the provisions of Article 153 applicable.”

Section 20. Article 163 of the same Act, as amended by Republic Act No. 4202, is hereby amended to read as
follows:

“Art. 163. Making and importing and uttering false coins.— Any person who make, imports, or utters false coins,
in connivance with counterfeiters, or importers, shall suffer:

1. Prisión correccional in its minimun and medium periods and a fine not to exceed Four hundred thousand
pesos (₱400,000), if the counterfeited coins be any of the coinage of the Philippines.

2. Prisión correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (₱200,000),
if the counterfeited coin be currency of a foreign country.”

Section 21. Article 164 of the same Act is hereby amended to read as follows:

“Art. 164. Mutilation of coins; Importation and utterance of mutilated coins.— The penalty of prisión
correccional in its minimum period and a fine not to exceed Four hundred thousand pesos (₱400,000) shall be

46
imposed upon any person who shall mutilate coins of the legal currency of the Philippines or import or utter
mutilated current coins, or in connivance with mutilators or importers.”

Section 22. Article 166 of the same Act is hereby amended to read as follows:

“Art. 166. Forging treasury or bank notes or other documents payable to bearer; Importing, and uttering such
false or forged notes and documents.— The forging or falsification of treasury or bank notes or certificates or
other obligations and securities payable to bearer and the importation and uttering in connivance with forgers
or importers of such false or forced obligation or notes shall be punished as follows:

“1. By reclusion temporal in its minimum period and a fine not to exceed two million pesos (₱2,000,000), if the
document which has been falsified, counterfeited, or altered is an obligation or security of the Philippines.

“The words ‘obligation or security of the Philippines’ shall mean all bonds, certificates of indebtedness, national
bank notes, coupons, Philippine notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or
drafts for money, drawn by or upon authorized officers of the Philippines, and other representatives of value, of
whatever denomination, which have been or may be issued under any act of Congress.

“2. By prisión mayor in its maximum period and a fine not to exceed one million pesos (₱1,000,000), if the
falsified or altered documents is a circulating note issued by any banking association duly authorized by law to
issue the same.

“3. By arresto mayor in its medium period and a fine not to exceed one million pesos (₱1,000,000), if the falsified
or counterfeited document was issued by a foreign government.

“4. By prisión mayor in its minimum period and a fine not to exceed Four hundred thousand pesos (₱400,000),
when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized
therefor.”

Section 23. Article 167 of the same Act is hereby amended to read as follows:

“Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer.— Any person who shall
forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other
document of credit not payable to bearer, shall suffer the penalties of prisión correccional in its medium and
maximum periods and a fine not exceeding one million two hundred thousand pesos (₱1,200,000).”

Section 24. Article 170 of the same Act is hereby amended to read as follows:

“Art. 170. Falsification of legislative documents.— The penalty of prisión correccional in its maximum two
hundred thousand pesos (₱1,200,000) shall be imposed upon any person who, without proper authority therefor
alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of Congress
or any provincial board or municipal council.”

Section 25. Article 171 of the same Act is hereby amended to read as follows:

“Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister.— The penalty of prisión
mayor and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any public officer,
employee, or notary who, taking advantage of his of position shall falsify a document by committing any of the
following acts:

“1. Counterfeiting or using any handwriting, signature or rubric;

“2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate;

“3. Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them;

“4. Making untruthful statements in a narration of facts;

“5. Altering true dates;

47
“6. Making any alteration or intercalation in a genuine document which changes its meaning;

“7 issuing in an authenticated form a document purporting to be a copy of an original document when no such
original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original;
or

“8. Intercelating any instrument or nore relative to the issuance thereof in a protocol, registry, or official book.

“The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses
enumerated in the preceding paragraphs of this article, with respect to any record or document of such
character that its falsificationina may affect the civil status of persons.”

Section 26. Article 172 of the same Act is hereby amended to read as follows:

“Art. 172. Falsification by private individual and use of falsified documents.— The penalty of prisión
correccional in its medium and maximum periods and a fine of not more than One million pesos (₱1,000,000)
shall be imposed upon:

“1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article
in any public or official document or letter of exchange or any other kind of commercial document;

“2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private
document commit any of the acts of falsification enumerated in the next preceding article; and

“3. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another
or who, with the intent to cause such damage, shall use any of the false documents embraced in the next
preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next
lower in degree.”

Section 27. Article 174 of the same Act is hereby amended to read as follows:

“Art. 174. False medical certificates, false certificates of merits or service, etc.— The penalties of arresto mayor in
its maximum period to prisión correccional in its minimum period and a fine not to exceed Two hundred
thousand pesos (₱200,000) shall be imposed upon:

“1. Any physician or surgeon who, in connection with the practice of his profession, shall issuee a false
certificate; and

“2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar
circumstances.”

“The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling
within the classes mentioned in the two (2) preceding subdivisions.”

Section 28. Article 176 of the same Act is hereby amended to read as follows:

“Art. 176. Manufacturing and possession of instruments or implements for falsification.— The penalty of prisión
correccional in its medium and maximum periods and a fine not to exceed One million pesos (₱1,000,000) shall
be imposed upon any person who shall make or introduce into the Philippines any stamps, dies, marks, or
other instruments or implements intended to be used in the commission of the offenses of counterfeiting or
falsification mentioned in the preceding section of this Chapter.

“Any person who, with the intention of using them, shall have in his possession any of the instruments or
implements mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than that
provided therein.”

Section 29. Article 178 of the same Act is hereby amended to read as follows:

“Art. 178. Using fictitious name and concealing true name.— The penalty of arresto mayor and a fine not to
exceed One hundred thousand pesos (₱100,000) shall be imposed upon any person who shall publicly use a
fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage.
48
“Any person who conceals his true name and other personal circumstances shall be punished by arresto
menor or a fine not to exceed Forty thousand pesos (₱40,000).”

Section 30. Article 180 of the same Act is hereby amended to read as follows:

“Art. 180. False testimony against a defendant.— Any person who shall give false testimony against the
defendant in any criminal case shall suffer:

“1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;

“2. The penalty of prisión mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion
perpetua;

“3. The penalty of prisión correccional, if the defendant shall have been sentenced to any other afflictive penalty;
and

“4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine,
or shall have been acquitted.

“In cases provided in subdivisions 3 and 4 of this article the offender shall further a fine not to exceed Two
hundred thousand pesos (₱200,000).”

Section 31. Article 181 of the same Act is hereby amended to read as follows:

“Art. 181. False testimony favorable to the defendant.— Any person who shall give false testimony in favor of
the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period of prisión
correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (₱200,000), if the
prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other
case.”

Section 32. Article 182 of the same Act is hereby amended to read as follows:

“Art. 182. False testimony in civil cases.— Any person found guilty of false testimony in a civil case shall suffer
the penalty of prisión correccional in its minimum period and a fine not to exceed One million two hundred
thousand pesos (₱1,200,000), if the amount in controversy shall exceed One million pesos (₱1,000,000), and
the penalty of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not
to exceed Two hundred thousand pesos (₱200,000), if the amount in controversy shall not exceed said amount
or cannot be estimated.”

Section 33. Article 187 of the same Act is hereby amended to read as follows:

“Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other
precious metals or their alloys.— The penalty of prisión correccional or a fine ranging from Forty thousand pesos
(₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any person who shall
knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals,
or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals
or alloys.

“Any stamp, brand label, or mark shall be deemed to fail to indicate the actual fineness of the article on which
it is engraved, printed, stamped, labeled or attached, when the test of the article shows that the quality or
fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth,
if made of silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and
flatware made of gold, the actual fineness of such gold shall not be less than more than three one-thousandth
than the fineness indicated by said stamp, brand, label, or mark.”

Section 34. Article 201 of the same Act, as amended by Presidential Decree Nos. 960 and 969, is hereby
amended to read as follows:

49
“Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows.— The penalty of prisión
mayor or a fine ranging from Twenty thousand pesos (₱20,000) to Two hundred thousand pesos (₱200,000), or
both such imprisonment and fine, shall be imposed upon:

“1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;

“2. a. The authors of obscene literature, published with their knowledge in any form; the editors publishing
such literature; and the owners/operators of the establishment selling the same;

“b. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, scenes,
acts or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are prescribed by virtue hereof, shall include those which: (1) glorify
criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or
pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are
contrary to law, public ordere, morals, and good customs, established policies, lawful orders, decrees and edicts;
and

“3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive
to morals.”

Section 35. Article 202 of the same Act is hereby amended to read as follows:

“Art. 202. Prostitutes; Penalty.— For the purpose of this article, women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.

“Any person found guity of any of the offenses covered by this article shall be punished by arresto menoror a
fine not exceeding Twenty thousand pesos (₱20,000), and in case of recidivism, by arresto mayor in its medium
period to prisión correccional in its minimum period or a fine ranging from Twenty thousand pesos (₱20,000) to
Two hundred thousand pesos (₱200,000), or both, in the discretion of the court.”

Section 36. Article 209 of the same Act is hereby amended to read as follows:

“Art. 209. Betrayal of trust by an attorney or solicitor.— Revelation of Secrets.— In addition to the proper
administrative action, the penalty of prisión correccional in its minimum period, or a fine ranging from Forty
thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any
attorney-at-law or any person duly authorized to represent and/or assist a party to a case who, by any malicious
breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any
of the secrets of the latter learned by him in his professional capacity.

“The same penalty shall be imposed upon an attorney-at-law or any person duly authorized to represent and/or
assist a party to a case who, having undertaken the defense of a client or having received confidential
information from said client in a case, shall undertake the defense of the opposing party in the same case,
without the consent of his first client.”

Section 37. Article 213 of the same Act is hereby amended to read as follows:

“Art. 213. Frauds against the public treasury and similar offenses.— The penalty of prisión correccionalin its
medium period to prisión mayor in its minimum period, or a fine ranging from Forty thousand pesos (₱40,000)
to Two milion pesos (₱2,000,000), or both, shall be imposed upon any public officer who:

“1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an
agreement with any interested party or speculator or make use of any other scheme, to defraud the Government;

“2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty of any of the
following acts or omissions:

“(a) Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by
law.

50
“(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.

“(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature
different from that provided by law.

“When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the
provisions of the Administrative Code shall be applied.”

Section 38. Article 215 of the same Act is hereby amended to read as follows:

“Art. 215. Prohibited transactions.— The penalty of prisión correccional in its minimum period or a fine ranging
from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed
upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested
in any transaction of exchange or speculation within the territory subject to his jurisdiction.”

Section 39. Article 216 of the same Act is hereby amended to read as follows:

“Art. 216. Possession of prohibited interest by a public officer.— The penalty of arresto mayor in its medium
period to prisión correccional in its minimum period, or a fine ranging from Forty thousand pesos (₱40,000) to
Two hundred thousand pesos (₱200,000), or both, shall be imposed upon a public officer who directly or
indirectly, shall become interested in any contract or business in which it is his official duty to intervene.

“This provision is applicable to experts, arbitrators and private accountants who, in like manner, shall take
part in any contract or transaction connected with the estate or property in appraisal, distribution or
adjudication of which they shall have acted, and to guardians and executors with respect to the property
belonging to their wards or estate.”

Section 40. Article 217 of the same Act, as amended by Republic Act No. 1060, is hereby further amended to
read as follows:

“Art. 217. Malversation of public funds or property.— Presumption of malversation.— Any public officer who, by
reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or
shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other
person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the
misappropriation or malversation of such funds or property, shall suffer:

“1. The penalty of prisión correccional in its medium and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed Forty thousand pesos (₱40,000).

“2. The penalty of prisión mayor in its minimum and medium periods, if the amount involved is more than Forty
thousand pesos (₱40,000) but does not exceed One million two hundred thousand pesos (₱1,200,000).

“3. The penalty of prisión mayor in its maximum period to reclusion temporal in its minimum period, if the
amount involved is more than One million two hundred thousand pesos (₱1,200,000) but does not exceed Two
million four hundred thousand pesos (₱2,400,000).

“4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount inolved is more than
Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four million four hundred thousand
pesos (₱4,400,000).

“5. The penalty of reclusion temporal in its maximum period, if the amount inolved is more than Four million
four hundred thousand pesos (₱4,400,000) but does not exceed Eight million eight hundred thousand pesos
(₱8,800,000). If the amount exceeds the latter, the penalty shall be reclusion perpetua.

“In all cases, persons guilty of malversation shall also suffer t he penalty of perpetual special disqualification
and a fine equal to the amount of the funds malversed or equal to the toal value of the property embezzled.

“The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable,
upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds
or property to personal uses.”

51
Section 41. Article 218 of the same Act is hereby amended to read as follows:

“Art. 218. Failure of accountable officer to render accounts.— Any public officer, whether in the service or
separated therefrom by resignation or any other cause, who is required by law or regulation to render account
to the Commission on Audit, or to a provincial auditor and who fails to do so for a period of two (2) months after
such accounts should be rendered shall be punished by prisión correccional in its minimum period, or by a fine
ranging from Forty thousand pesos (₱40,000) to One million two hundred thousand pesos (₱1,200,000), or
both.”

Section 42. Article 219 of the same Act is hereby amended to read as follows:

“Art. 219. Failure of a responsible public officer to render accounts before leaving the country.— Any public officer
who unlawfully leaves or attempts to leave the Philippines without securing a certificate from the Commission
on Audit showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine
ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000, or both.”

Section 43. Article 221 of the same Act is hereby amended to read as follows:

“Art. 221. Failure to make delivery of public funds or property.— Any public officer under obligation to make
payment from Government funds in his possession, who shall fail to make such payment, shall be punished
by arresto mayor and a fine from five (5) to twenty-five (25) percent of the sum which he failed to pay.

“This provision shall apply to any public officer who, being ordered by competent authority to deliver any
property in his custody or under his administration, shall refuse to make a delivery.

“The fine shall be graduated in such case by the value of the thing: Provided, That it shall not be leas than Ten
thousand pesos (₱10,000).”

Section 44. Article 226 of the same Act is hereby amended to read as follows:

“Art. 226. Removal, concealment or destruction of documents.— Any public officer who shall remove, destroy or
conceal documents or papers officially entrusted to him, shall suffer:

“1. The penalty of prisión mayor and a fine not exceeding Two hundred thousand pesos (₱200,000), whenever
serious damage shall have been caused thereby to a third party or to the public interest.

“2. The penalty of prisión correccional in its minimum and medium period and a fine not exceeding Two hundred
thousand pesos (₱200,000), whenever the damage caused to a third party or to the public interest shall not
have been serious.

“In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual
disualification shall be imposed.”

Section 45. Article 227 of the same Act is hereby amended to read as follows:

“Art. 227. Officer breaking seal.— Any public officer charged with the custody of papers or property sealed by
proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prisión
correccional in its minimum and medium periods, temporary special diqualification and a fine not exceeding
Four hundred thousand pesos (₱400,000).”

Section 46. Article 228 of the same Act is hereby amended to read as follows:

“Art. 228. Opening of closed documents.— Any public officer not included in the provisions of the next preceding
article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or
objects entrusted to his custody, shall suffer the penalties of arresto mayor, temporary special disqualification
and a fine not exceeding Four hundred thousand pesos (₱400,000).”

Section 47. Article 229 of the same Act is hereby amended to read as follows:

“Art. 229. Revelation of secrets by an officer.— Any public officer who shall reveal any secret known to him by
reason of his official capacity, ог shall wrongfully deliver papers or copies of papers of which he may have charge
52
and which should not be published, shall suffer the penalties of prisión correccional in its medium and
maximum periods, perpetual special disqualification and a fine not exceeding Four hundred thousand pesos
(₱400,000) if the revelation of such secrets or the delivery of such papers shall have caused serious damage to
the public interest; otherwise, the penalties of prisión correccional in its minimum period, temporary special
disqualification and a fine not exceeding One hundred thousand (₱100,000) pesos shall be imposed.”

Section 48. Article 230 of the same Act is hereby amended to read as follows:

“Art. 230. Public officer revealing secrets of private individual.— Any public officer to whom the secrets of any
private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the
penalties of arresto mayor and a fine not exceeding Two hundred thousand pesos (₱200,000).”

Section 49. Article 231 of the same Act is hereby amended to read as follows:

“Art. 231. Open disobedience.— Any judicial or executive officer who shall openly refuse to execute the
judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and
issue with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prisión
correccional in its minimum period, temporary special disqualification in its maximum period and a fine not
exceeding Two hundred thousand pesos (₱200,000).”

Section 50. Article 233 of the same Act is hereby amended to read as follows:

“Art. 233. Refusal of assistance.— The penalties of arresto mayor in tits medium period to prisión
correccional in its minimum period, perpetual special disqualification and a fine not exceeding Two hundred
thousand pesos (₱200,000), shall be imposed upon a public officer who, upon demand from competent
authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such
failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its
medium and maximum perioods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed.”

Section 51. Article 234 of the same Act is hereby amended to read as follows:

“Art. 234. Refusal to discharge elective office.— The penalty of arresto mayor or a fine not exceeding Two
hundred thousand pesos (₱200,000), or both, shall be imposed upon any person who, having been elected by
popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of
said office.”

Section 52. Article 235 of the same Act is hereby amended to read as follows:

“Art. 235. Maltreatment of prisoners.— The penalty of prisión correccional in its medium period to prisión
mayor in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be
imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner
or detention prisoner under his charge, by the imposition of punishments not authorized by the regulations, or
by inflicting such punishments in a cruel and humiliating manner.

“If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner,
the offender shall be punished by prisión mayor in its minimum period, temporary special disqualification and
a fine not exceeding One hundred thousand pesos (₱100,000), in addition to his liability for the physical injuries
or damage.”

Section 53. Article 236 of the same Act is hereby amended to read as follows:

“Art. 236. Anticipation of duties of a public office.— Any person who shall assume the performance of the duties
and powers of any public or employment without first being sworn in or having given the bond required by law,
shall be suspended from such office or employment until he shall have complied with the respective formalities
and shall be fined from Forty thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000).”

Section 54. Article 237 of the same Act is hereby amended to read as follows:

53
“Art. 237. Prolonging performance of duties and powers.— Any public officer who shall continue to exercise the
duties and powers of his office, employment or commission, beyond the period provided by law, regulation or
special provisions applicable to the case, shall suffer the penalties prisión correccional in its minimum period,
special temporary disqualification in its minimum period and a fine not exceeding One hundred thousand pesos
(₱100,000).”

Section 55. Article 239 of the same Act is hereby amended to read as follows:

“Art. 239. Usurpation of legislative powers.— The penalties of prisión correccional in its minimum period,
temporary special disqualification and a fine not exceeding Two hundred thousand pesos (₱200,000), shall be
imposed upon any public officer who shall encroach upon the powers of the legislative branch of the
Government, either by making general rules or regulations beyond the scope of his authority, or by attempting
to repeal a law or suspending the execution thereof.”

Section 56. Article 242 of the same Act is hereby amended to read as follows:

“Art. 242. Disobeying request for disqualification.— Any public officer who, before the question of jurisdiction
is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be
punished by arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000).”

Section 57. Article 243 of the same Act is hereby amended to read as follows:

“Art. 243. Orders or requests by executive officers to any judicial authority.— Any executive officer who shall
address any order or suggestion to any judicial authority with respect to any case or business coming within
the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos (₱100,000).”

Section 58. Article 244 of the same Act is hereby amended to read as follows:

“Art. 244. Unlawful appointments.— Any public officer who shall knowingly nominate or appoint to any public
office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine
not exceeding Two hundred thousand pesos (₱200,000).”

Section 59. Article 259 of the same Act is hereby amended to read as follows:

“Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives.— The penalties provided in
Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

“Any pharmacist who, without the proper prescription from a physician shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000).”

Section 60. Article 265 of the same Act is hereby amended to read as follows:

“Art. 265. Less serious physical injuries.— Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10) days
or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries
and shall suffer the penalty of arresto mayor.

“Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend
the injured person, or under circumstances adding ignominy to the offense, in addition to the penalty of arresto
mayor, a fine not exceeeding Fifty thousand pesos (₱50,000) shall be imposed.

“Any less serious physical injuries inflicted upon the offender’s parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority, shall be punished by prisión correccional in its minimum
and medium periods: Provided, That in the case of persons in authority, the deed does not constitute the crime
of assault upon such persons.”

Section 61. Article 266 of the same Act is hereby amended to read as follows:

“Art. 266. Slight physical injuries and maltreatment.— The crime of slight physical injuries shall be punished:
54
“1. By arresto mayor when the offender has inflicted physical injuries which shall incapacitate the offended
party for labor from one (1) days to nine (9) days, or shall require medical attendance during the same period.

“2. By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure when the offender has
caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require
medical assistance.

“3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (₱5,000) when the
offender shall ill-treat another by deed without causing any injury.’

Section 62. Article 268 of the same Act, as amended by Republic Act No. 18, is hereby further amended to read
as follows:

“Art. 268. Slight illegal detention.— The penalty of reclusion temporal shall be imposed upon any private
individual who shall commit the crimes described in the next preceding article without the attendance of any
of the circumstances enumerated therein.

“The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.

“If the offender shall voluntarily release the person so kidnapped or detained within three (3) days from the
commencement of the detention, without having attained the purpose intended, and before the institution of
criminal proceedings against him, the penalty shall be prisión mayor in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos (₱100,000).”

Section 63. Article 269 of the same Act is hereby amended to read as follows:

“Art. 269. Unlawful arrest.— The penalty of arresto mayor and a fine not exceeding One hundred thousand
pesos (₱100,000) shall be imposed upon any person who, in any case other than those authorized by law, or
without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the
proper authorities.”

Section 64. Article 271 of the same Act is hereby amended to read as follows:

“Art. 271. Inducing a minor to abandon his home.— The penalty of prisión correccional and a fine not exceeding
One hundred thousand pesos (₱100,000) shall be imposed upon anyone who shall induce a minor to abandon
the home of his parents or guardians or the persons entrusted with his custody.

“If the person committing any of the crimes covered by the two (2) preceding articles shall be the father or the
mother of the minor, the penalty shall be arresto mayor or a fine not exceeding Forty thousand pesos (₱40,000),
or both.”

Section 65. Article 276 of the same Act is hereby amended to read as follows:

“Art. 276. Abandoning a minor.— The penalty of arresto mayor and a fine not exceeding One hundred thousand
pesos (₱100,000) shall be imposed upon anyone who shall abandon a child under seven (7) years of age, the
custody of which is incumbent upon him.

“When the death of the minor shall result from such abandonment, the culprit shall be punished by prisión
correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only,
the pnealty shall be prisión correccional in its minimum and medium periods.

“The provisions contained in the two (2) preceding paragraphs shall not prevent the imposition of the penalty
provided for the act committed, when the same shall constitute a more serious offense.”

Section 66. Article 277 of the same Act is hereby amended to read as follows:

“Art. 277. Abandonment of minor by person entrusted with his custody; Indifference of parents.— The penalty
of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon
anyone who, having charge off the rearing or education of a minor, shall deliver said minor to a public institution
or other persons, without the consent of the one who entrusted such child to his care or in the absence of the
latter, without the consent of the proper authorities.
55
“The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the
education which their station in life requires and financial condition permits.”

Section 67. Article 278 of the same Act is hereby amended to read as follows:

“Art. 278. Exploitation of minors.— The penalty of prisión correccional in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon:

“1. Any person who shall cause any boy or girl under sixteen (16) years of age to perform any dangerous feat of
balancing, physical strength, or contortion.

“2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or
engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen (16) years of age
who are not his children or descendants.

“3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ
any descendsant of his under twelve years (12) years of age in such dangerous exhibitions.

“4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen
(16) Years of age, who shall deliver such child gratuitously to any person following any of the callings
enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.

“If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall
in every case be imposed in its maximum period.

“In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and
in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the
court, of their parental authority.

“5. Any person who shall induce any child under sixteen (16) years of age to abandon tthe home of its
ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in
paragraph 2 hereof, or to accompany any habitual vagrant or beggar.”

Section 68. Article 280 of the same Act is hereby amended to read as follows:

“Art. 280. Qualified trespass to dwelling.— Any private person who shall enter the dwelling of another against
the latter’s will shall be punished by arresto mayor and a fine not exceeding Two hundred thousand pesos
(₱200,000).

“If the offense be committed by means of violence or intimidation, the penalty shall be prisión correccionalin its
medium and maximum periods and a fine not exceeding Two hundred thousand pesos (₱200,000).

“The provisions of this article shall not be applicable to any person who shall enter another’s dwelling for the
purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall
it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity
or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses, while the same are open.”

Section 69. Article 281 of the same Act is hereby amended to read as follows:

“Art. 281. Other forms of trespass.— The penalty of arresto menor or a fine not exceeding Forty thousand pesos
(₱40,000), or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate
of another, while either or both of them are uninhabited, if the prohibition to enter be manifest and the
trespasser has not secured the permission of the owner or the caretaker thereof.”

Section 70. Article 282 of the same Act is hereby amended to read as follows:

“Art. 282. Grave threats.— Any person who shall threaten another with the infliction upon the person, honor
or property of the latter or of his family of any wrong amounting to a crime, shall suffer:

“1. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the
offender shall have made the threat demanding money or imposing any other condition, even though not
56
unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose,
the penalty lower by two (2) degrees shall be imposed.

“If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

“2. The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000), if the threat
shall not have been made subject to a condition.”

Section 71. Article 285 of the same Act is hereby amended to read as follows:

“Art. 285. Other light threats.— The penalty of arresto menor in its minimum period or a fine not exceeding
Forty thousand pesos (₱40,000) shall be imposed upon:

“1. Any person who, without being included in the provisions of the next preceding article, shall threaten
another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense.

“2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime,
and who by subsequent acts shows that he did not persist in the idea involved in his threat: Provided, That the
circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.

“3. Any person who shall orally threaten to do another any harm not constituting a felony.”

Section 72. Article 286 of the same Act, as amended by Republic Act No. 7890, is hereby further amended to
read as follows:

“Art. 286. Grave coercions.— The penalty of prisión correccional and a fine not exceeding One hundred
thousand pesos (₱100,000) shall be imposed upon any person who, without any authority of law, shall, by
means of violence, threats, or intimidation, prevent another from doing something not prohibited by law, or
compel him to do something against his will, whether it be right or wrong.

“If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of compelling
another to perform any religious act, or to prevent him from exercising such right or from so doing such act,
the penalty next higher in degree shall be imposed.”

Section 73. Article 287 of the same Act is hereby amended to read as follows:

“Art. 287. Light coercions.— Any person who, by means of violence, shall seize anything belonging to his debtor
for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of the thing, but in no case less than Fifteen thousand pesos
(₱15,000).

“Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from One
thousand pesos (₱1,000) to not more than Forty thousand pesos (₱40,000), or both.”

Section 74. Article 288 of the same Act is hereby amended to read as follows:

“Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of
tokens.— The penalty of arresto mayor or a fine ranging from Forty thousand pesos (₱40,000) to One hundred
thousand pesos (₱100,000), or both, shall be imposed upon any person, agent or officer of any association or
corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee
employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or
commodities of any kind.

“The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee
employed by him, by means of tokens or objects other than the legal tender currency of the Philippines, unless
expressly requested by the laborer or employee.”

Section 75. Article 289 of the same Act is hereby amended to read as follows:

“Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or
threats.— The penalty of arresto mayor and a fine not exceeding Sixty thousand pesos (₱60,000) shall be
57
imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions of capital or
labor, strike of laborers or lock-out of employers, shall employ violence or threats in such a degree as to compel
or force the laborers or employees in the free and legal exercise of their industry or work, if the act shall not
constitute a more serious offense in accordance with the provisions of this Code.”

Section 76. Article 290 of the same Act is hereby amended to read as follows:

“Art. 290. Discovering secrets through seizure of correspondence.— The penalty of prisión correccionalin its
minimum and medium periods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed upon any private individual who in order to discover the secrets of another, shall seize his papers or
letters and reveal the contents thereof.

“If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding One
hundred thousand pesos (₱100,000).

“This provision shall not be applicable to parents, guardians, or person entrusted with the custody of minors
with respect to the papers or letters of the children or minors placed under their care or custody, nor to spouses
with respect to the papers or letters of either of them.”

Section 77. Article 291 of the same Act is hereby amended to read as follows:

“Art. 291. Revealing secrets with abuse of office.— The penalty of arresto mayor and a fine not exceeding One
hundred thousand pesos (₱100,000) shall be imposed upon any manager, employee or servant who, in such
capacity, shall learn the secrets of his principal or master and shall reveal such secrets.”

Section 78. Article 292 of the same Act is hereby amended to read as follows:

“Art. 292. Revelation of industrial secrets.— The penalty of prisión correccional in its minimum and medium
periods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon the person in
charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the
owner thereof, shall reveal the secrets of the industry of the latter.”

Section 79. Article 299 of the same Act is hereby amended to read as follows:

“Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship.— Any armed person
who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall
be punished by reclusion temporal, if the value of the property taken shall exceed Fifty thousand pesos
(₱50,000), and if—

“(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the
following means:

“1. Through an opening not intended for entrance or egress.

“2. By breaking any wall, roof, or floor or breaking any door or window.

“3. By using false keys, picklocks or similar tools.

“4. By using any fictitious name or pretending the exercise of public authority.

“Or if—

“(b) The robbery be committed under any of the following circumstances:

“1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle.

“2. By taking such furniture or objects away to be broken or forced upon outside the place of the robbery.

“When the offenders do not carry arms, and the value of the property taken exceeds Fifty thousand pesos
(₱50,000), the penalty next lower in degree shall be imposed.

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“The same rule shall be applied when the offenders are armed, but the value of the property taken does not
exceed Fifty thousand pesos (₱50,000).

“When said offenders do not carry arms and the value of the property taken does not exceed Fifty thousand
pesos (₱50,000), they shall suffer the penalty prescribed in the two (2) next preceding paragraphs, in its
minimum period.

“If the robbery be committed in one of the dependencies of an inhabited house, public building, or building
dedicated to religious worship, the penalties next lower in degree than those prescribed in this article shall be
imposed.”

Section 80. Article 302 of the same Act, as amended by Commonwealth Act No. 417, is hereby further amended
to read as follows:

“Art. 302. Robbery in an uninhabited place or in a private building.— Any robbery committed in an uninhabited
place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the
property taken exceeds Fifty thousand pesos (₱50,000), shall be punished by prisión correccional in its medium
and maximum periods provided that any of the following circumstances is present:

“1. If the entrance has been effected through any opening not intended for entrance or egress.

“2. If any wall, roof, floor or outside door or window has been broken.

“3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.

“4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been broken.

“5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed, even if the
same be broken open elsewhere.

“When the value of the property taken does not exceed Fifty thousand pesos (₱50,000), the penalty next lower
in degree shall be imposed.

“In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is
mail matter or large cattle, the offender shall suffer the penalties next higher in degree than those provided in
said articles.”

Section 81. Article 309 of the same Act is hereby amended to read as follows:

“Art. 309. Penalties.— Any person guilty of theft shall be punished by:

“1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing stolen is more
than One million two hundred thousand pesos (₱1,200,000) but does not exceed Two million two hundred
thousand pesos (₱2,200,000); but if the value of the thing stolen exceeds the latter amount, the penalty shall
be the maximum period of the one prescribed in this paragraph, and one (1) year for each additional One million
pesos (₱1,000,000), but the total of the penalty which may be imposed shall not exceed twenty (20) years. In
such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the
other provisions of this Code, the penalty shall be termed prisión mayoror reclusion temporal, as the case may
be.

“2. The penalty of prisión correccional in its medium and maximum periods, if the value of the thing stolen is
more than Six hundred thousand pesos (₱600,000) but does not exceed One million two hundred thousand
pesos (₱1,200,000).

“3. The penalty of prisión correccional in its minimum and medium periods, if the value of the property stolen is
more than Twenty thousand pesos (₱20,000) but does not exceed Six hundred thousand pesos (₱600,000).

“4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value of the property
stolen is over Five thousand pesos (₱5,000) but does not exceed Twenty thousand pesos (₱20,000).

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“5. Arresto mayor to its full extent, if such value is over Five hundred pesos (₱500) but does not exceed Five
thousand pesos (₱5,000).

“6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five hundred pesos (₱500).

“7. Arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), if the theft is committed under the
circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does
not exceed Five hundred pesos (₱500). If such value exceeds said amount, the provisions of any of the five
preceding subdivisions shall be made applicable.

“8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (₱5,000), when the value
of the thing stolen is not over Five hundred pesos (₱500), and the offender shall have acted under the impulse
of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.”

Section 82. Article 311 of the same Act is hereby amended to read as follows:

“Art. 311. Theft of the property of the National Library and National Museum.— If the property stolen be any
property of the National Museum, the penalty shall be arresto mayor or a fine ranging from Forty thousand
pesos (₱40,000) to One hundred thousand pesos (₱100,000), or both, unless a higher penalty should be provided
under other provisions of this Code, in which case, the offender shall be punished by such higher penalty.”

Section 83. Article 312 of the same Act is hereby amended to read as follows:

“Art. 312. Occupation of real property or usurpation of real rights in property.— Any person who, by means of
violence against or intimidation of persons, shall take possession of any real property or shall usurp any real
rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by
him, shall be punished by a fine from fifty (50) to one hundred (100) per centum of the gain which he shall have
obtained, but not less than Fifteen thousand pesos (₱15,000).

“If the value of the gain cannot be ascertained, a fine from Forty thousand pesos (₱40,000) to One hundred
thousand pesos (₱100,000) shall be imposed.”

Section 84. Article 313 of the same Act is hereby amended to read as follows:

“Art. 313. Altering boundaries or landmarks.— Any person who shall alter the boundary marks or monuments
of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be
punished by arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), or both.”

Section 85. Article 315 of the same Act, as amended by Republic Act No. 4885, Presidential Decree No. 1689,
and Presidential Decree No. 818, is hereby further amended to read as follows:

“Art. 315. Swindling (estafa).— Any person who shall defraud another by any of the means mentioned
hereinbelow shall be punished by:

“1st. The penalty of prisión correccional in its maximum period to prisión mayor in its minimum period, if the
amount of the fraud is over Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four
million four hundred thousand pesos (₱4,400,000), and if such amount exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in its maximum period, adding one year for each additional Two
million pesos (₱2,000,000); but the total penalty which may be imposed shall not exceed twenty years. In such
cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed prisión mayor or reclusion temporal, as the case may be.

“2nd. The penalty of prisión correccional in its minimum and medium periods, if the amount of the fraud is over
One million two hundred thousand pesos (₱1,200,000) but does not exceed Two million four hundred thousand
pesos (₱2,400,000).

“3rd. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if such
amount is over Forty thousand pesos (₱40,000) but does not exceed One million two hundred thousand pesos
(₱1,200,000).

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“4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed Forty thousand
pesos (₱40,000): Provided, That in the four cases mentioned, the fraud be committed by any of the following
means:

“1. With unfaithfulness or abuse of confidence, namely:

“(a) altering the substance, quantity, or quality of anything of value which the offender shall deliver by virtue of
an obligation to do so, even though such obligation be based on an immoral or illegal consideration.

“(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property
received by the offender in trust or on commission, or for administration, or under any other obligation involving
the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed
by a bond; or by denying having received such money, goods, or other property.

“(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the offended party or any third person.

“2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with
the commission of the fraud:

“(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of other similar deceits.

“(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

“(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which
the offended party may deem proper to bring against the offender. In this case, the offender shall be punished
by the maximum period of the penalty.

“(d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in
the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the
drawer of the check to deposit the amount necessary to cover his check within three (3) clays from receipt of
notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency
of funds shall be prime facie evidence of deceit constituting false pretense or fraudulent act.

“Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph
2(d) hereof shall be punished by:

“1st The penalty of reclusion temporal in its maximum period, if the amount of fraud is over Four million four
hundred thousand pesos (₱4,400,000) but does not exceed Eight million eight hundred thousand pesos
(₱8,800,000). If the amount exceeds the latter, the penalty shall be reclusion perpetua.

“2nd. The penalty of reclusion temporal in its minimum and medium periods, if the amount of the fraud is over
Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four million four hundred thousand
pesos (₱4,400,000).

“3rd. The penalty of prisión mayor in its maximum period, if the amount of the fraud is over One million two
hundred thousand pesos (₱1,200,000) but does not exceed Two million four hundred thousand pesos
(₱2,400,000).

“4th. The penalty of prisión mayor in its medium period, if such amount is over Forty thousand pesos (₱40,000)
but does not exceed One million two hundred thousand pesos (₱1,200,000).

“5th. By prisión mayor in its minimum period, if such amount does not exceed Forty thousand pesos (₱40,000).

“3. Through any of the following fraudulent means:

“(a) By inducing another, by means of deceit, to sign any document.

“(b) By resorting to some fraudulent practice to insure success in a gambling game.

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“(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any
other papers.”

Section 86. Article 318 of the same Act is hereby amended to read as follows:

“Art. 318. Other deceits.— The penalty of arresto mayor and a fine of not less than the amount of the damage
caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage
another by any other deceit not mentioned in the preceding articles of this Chapter.

“Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of
the credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not
exceeding Forty thousand pesos (₱40,000).”

Section 87. Article 328 of the same Act is hereby amended to read as follows:

“Art. 328. Special cases of malicious mischief.— Any person who shall cause damage to obstruct the
performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or
contagion among cattle; or who causes damage to the property of the National Museum or National Library, or
to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public,
shall be punished:

“1. By prisión correccional in its minimum and medium periods, if the value of the damage caused exceeds Two
hundred thousand pesos (₱200,000);

“2. Bv arresto mayor if such value does not exceed the abovementioned amount but is over Forty thousand
pesos (₱40,000); and

“3. By arresto menor, if such value does not exceed Forty thousand pesos (₱40,000).”

Section 88. Article 329 of the same Act, as amended by Commonwealth Act No. 3999, is hereby amended to
read as follows:

“Art. 329. Other mischiefs.— The mischiefs not included in the next preceding article shall be punished:

“1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds Two
hundred thousand pesos (₱200,000);

“2. By arresto mayor in its minimum and medium periods, if such value is over Forty thousand pesos (₱40,000)
but does not exceed Two hundred thousand pesos (₱200,000); and

“3. By arresto menor or a fine of not less than the value of the damage caused and not more than Forty thousand
pesos (₱40,000), if the amount involved does not exceed Forty thousand pesos (₱40,000) or cannot be
estimated.”

Section 89. Article 331 of the same Act is hereby amended to read as follows:

“Art. 331. Destroying or damaging statues, public monuments or paintings.— Any person who shall destroy or
damage statues or any other useful or ornamental public monument, shall suffer the penalty of arresto mayor in
its medium period to prisión correccional in its minimum period.

“Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the
penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000), or both such fine and
imprisonment, in the discretion of the court.”

Section 90. Article 347 of the same Act is hereby amended to read as follows:

“Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a
legitimate child.— The simulation of births and the substitution of one child for another shall be punished
by prisión mayor and a fine of not exceeding Two hundred thousand pesos (₱200,000).

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“The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with
intent to cause such child to lose its civil status.

“Any physician or surgeon or public officer who, in violation of the duties of his profession or office. shall
cooperate in the execution of any of the crimes mentioned in the two (2) next preceding paragraphs, shall suffer
the penalties therein prescribed and also the penalty of temporary special disqualification.”

Section 91. Article 355 of the same Act is hereby amended to read as follows:

“Art. 355. Libel by means of writings or similar means.— A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any
similar means, shall be punished by prisión correccional in its minimum and medium periods or a fine ranging
from Forty thousand pesos (₱40,000) to One million two hundred thousand pesos (₱1,200,000), or both, in
addition to the civil action which may be brought by the offended party.”

Section 92. Article 356 of the same Act is hereby amended to read as follows:

“Art. 356. Threatening to publish and offer to prevent such publication for a compensation.— The penalty
of arresto mayor or a fine from Forty thousand pesos (₱40,000) to Four hundred thousand pesos (₱400,000), or
both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents,
spouse, child, or other member of the family of the latter, or upon anyone who shall offer to prevent the
publication of such libel for a compensation or money consideration.”

Section 93. Article 357 of the same Act is hereby amended to read as follows:

“Art. 357. Prohibited publication of acts referred to in the course of official proceedings.— The penalty of arresto
mayor or a fine of Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall
be imposed upon any reporter, editor or manager of a newspaper, daily or magazine, who shall publish facts
connected with the private life of another and offensive to the honor, virtue and reputation of said person, even
though said publication be made in connection with or under the pretext that it is necessary in the narration
of any judicial or administrative proceedings wherein such facts have been mentioned.”

Section 94. Article 358 of the same Act is hereby amended to read as follows:

“Art. 358. Slander.— Oral defamation shall be punished by arresto mayor in its maximum period to prisión
correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be
arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000).”

Section 95. Article 359 of the same Act is hereby amended to read as follows:

“Art. 359. Slander by deed.— The penalty of arresto mayor in its maximum period to prisión correccionalin its
minimum period or a fine ranging from Twenty thousand pesos (₱20,000) to One hundred thousand pesos
(₱100,000) shall be imposed upon any person who shall perform any act not included and punished in this
title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature.
the penalty shall be arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000).”

Section 96. Article 364of the same Act is hereby amended to read as follows:

“Art. 364. Intriguing against honor.— The penalty of arresto menor or fine not exceeding Twenty thousand pesos
(₱20,000) shall be imposed for any intrigue which has for its principal purpose to blemish the honor or
reputation of a person.”

Section 97. Article 365 of the same Act, as amended by Republic Act No. 1790, is hereby further amended to
read as follows:

“Art. 365. Imprudence and negligence.— Any person who, by reckless imprudence, shall commit any act which,
had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum
period to prisión correccional in its medium period; if it would have constituted a less grave felony, the penalty
of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light
felony, the penalty of arresto menor in its maximum period shall be imposed.
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“Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute
a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have
constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

“When the execution of the act covered by this article shall have only resulted in damage to the property of
another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages
to three (3) times such value, but which shall in no case be Less than Five thousand pesos (₱5,000).

“A fine not exceeding Forty thousand pesos (₱40.000) and censure shall be imposed upon any person, who, by
simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted
a light felony.

“In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules
prescribed in Article 64.

“The provisions contained in this article shall not be applicable:

“1. When the penalty provided for the offense is equal to or lower than those provided in the first two (2)
paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which
should be imposed in the period which they may deem proper to apply.

“2. When, by imprudence or negligence and with violation of the Automobile Law, the death of a person shall
be caused, in which case the defendant shall be punished by prisión correccional in its medium and maximum
periods.

“Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which
material damage results by reason of inexcusable lack of precaution on the part of the person performing or
failing to perform such act, taking into consideration his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding persons, time and place.

“Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending
to be caused is not immediate nor the danger clearly manifest.

“The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who
fails to lend on the spot to the injured parties such help as may be in his hands to give.”

Section 98. Separability Clause.— Should any provision of this Act be declared invalid, the remaining
provisions shall continue to be valid and subsisting.

Section 99. Repealing Clause.— All laws, executive orders, or administrative orders, rules and regulations or
parts thereof, which are inconsistent with this Act are hereby amendedj, repealed or modified accordingly.

Section 100. Retroactive Effect.— This Act shall have retroactive effect to the extent that it is favorable to the
accused or person serving sentence by final judgment.

Section 101. Transitory Provision; Applicability to Pending Cases.— For cases pending before the courts upon
the effectivity of this Act where trial has already started, the courts hearing such cases shall not lose jurisdiction
over the same by virtue of this Act.

Section 102. Effectivity.— This Act shall take effect within fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.

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