2 - Special Laws

LESSON MANUSCRIPT
COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 (R. A. NO. 9165)

Introduction of the law
Definition of Terms provided by the law
(a) Administer. – Any act of introducing any dangerous drug into the body of any person, with
or without his/her knowledge, by injection, inhalation, ingestion or other means, or of
committing any act of indispensable assistance to a person in administering a dangerous drug
to himself/herself unless administered by a duly licensed practitioner for purposes of
medication.
(b) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
(c) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or
used in any form.
(d) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug
with or without the use of prescription.
(e) Drug Dependence. – As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.
(f) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under this Act.
(g) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities prescribed under this Act.
(h) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and possession
of any dangerous drug and/or controlled precursor and essential chemical.
(i) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in
the person, house, effects or in the immediate vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the commission of any violation of this Act.
(j) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous
drugs or who acts as a broker in any of such transactions, in violation of this Act.
(k) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.
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(l) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat
rooms or acting as a broker in any of such transactions whether for money or any other
consideration in violation of this Act.
(m) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs.
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals
• The penalty of life imprisonment to death and a ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all
species of opium poppy or any part thereof or substances derived there from even for
floral, decorative and culinary purposes.
• The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import any controlled precursor and essential chemical.
• The maximum penalty provided for under this Section shall be imposed upon any
person, who, unless authorized under this Act, shall import or bring into the Philippines
any dangerous drug and/or controlled precursor and essential chemical through the use
of a diplomatic passport, diplomatic facilities or any other means involving his/her official
status intended to facilitate the unlawful entry of the same. In addition, the diplomatic
passport shall be confiscated and cancelled.
person, who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.
• The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
Section 5.Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
• The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute dispatch in transit or transport any dangerous
drug, including any and all species of opium poppy regardless of the quantity and purity
involved, or shall act as a broker in any of such transactions.
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and essential
chemical, or shall act as a broker in such transactions.
• If the sale, trading, administration, dispensation, delivery, distribution or transportation
of any dangerous drug and/or controlled precursor and essential chemical transpires
within one hundred (100) meters from the school, the maximum penalty shall be
imposed in every case.
• For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the dangerous
drugs and/or controlled precursors and essential chemical trade, the maximum penalty
shall be imposed in every case.
• If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section shall be imposed.
• The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
Section 8.Manufacture of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.
• The penalty of life imprisonment to death and a fine ranging Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall engage in the manufacture of any
dangerous drug.
authorized by law, shall manufacture any controlled precursor and essential chemical.
• The presence of any controlled precursor and essential chemical or laboratory
equipment in the clandestine laboratory is a prima facie proof of manufacture of any

dangerous drug. It shall be considered an aggravating circumstance if the clandestine
laboratory is undertaken or established under the following circumstances:
• (a) Any phase of the manufacturing process was conducted in the presence or with the
help of minor/s:
• (b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
• (c) Any clandestine laboratory was secured or protected with booby traps;
• (d) Any clandestine laboratory was concealed with legitimate business operations; or
• (e) Any employment of a practitioner, chemical engineer, public official or foreigner.
person, who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.
Section 11.Possession of Dangerous Drugs.
• The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall possess any dangerous drug in
the following quantities, regardless of the degree of purity thereof:
• (1) 10 grams or more of opium;
• (2) 10 grams or more of morphine;
• (3) 10 grams or more of heroin;
• (4) 10 grams or more of cocaine or cocaine hydrochloride;
• (5) 50 grams or more of methamphetamine hydrochloride or "shabu";
• (6) 10 grams or more of marijuana resin or marijuana resin oil;
• (7) 500 grams or more of marijuana; and
• (8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.
• Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
• (1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of

methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than
fifty (50) grams;
• (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more
but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride
or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three hundred (300) grams or more but less than
five (hundred) 500) grams of marijuana; and
• (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or
less than three hundred (300) grams of marijuana.
Section 12.Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs.
• The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting,
or introducing any dangerous drug into the body: Provided, That in the case of medical
practitioners and various professionals who are required to carry such equipment,
instrument, apparatus and other paraphernalia in the practice of their profession, the
Board shall prescribe the necessary implementing guidelines thereof.
• The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous drug and shall be presumed to
have violated Section 15 of this Act.

HUMAN TRAFFICKING (R.A. NO. 9208) (R.A. 10364)
Anti- Trafficking of Persons Act

Definition of Terms provided by the law

Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim's consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the person,
or, the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person
by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any
other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of
pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's
vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual parts
of a person for primarily sexual purposes.

Section 4. Acts of Trafficking in Persons
It shall be unlawful for any person, natural or juridical, to commit any of the
following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons
• The following acts which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates
and stickers as proof of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving
the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons
• The following are considered as qualified trafficking:
• (a) When the trafficked person is a child;
• (b) When the adoption is effected through Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
• (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons, individually or as a group;
• (d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
• (e) When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies;
• (f) When the offender is a member of the military or law enforcement agencies; and
• (g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Section 10.Penalties and Sanctions.
• The following penalties and sanctions are hereby established for the offenses
enumerated in this Act:
• (a) Any person found guilty of committing any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One
million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
• (b) Any person found guilty of committing any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five

hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
• (c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
• (d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of
six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
SEXUAL HARASSMENT LAW (R.A. 7877)
Work, Education or Training -Related, Sexual Harassment Defined
• Work, education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other, regardless of whether
the demand, request or requirement for submission is accepted by the object of said
Act.
• In a work-related or employment environment, sexual harassment is committed when:
• (1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying the employee which
in any way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
• (2) The above acts would impair the employee's rights or privileges under existing labor
laws; or
• (3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee.
• In an education or training environment, sexual harassment is committed:
• (1) Against one who is under the care, custody or supervision of the offender;
• (2) Against one whose education, training, apprenticeship or tutorship is entrusted to
the offender;
• (3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges, or consideration; or
• (4) When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or apprentice.
• Any person who directs or induces another to commit any act of sexual harassment as
herein defined, or who cooperates in the commission thereof by another without which
it would not have been committed, shall also be held liable under this Act.
• Prohibited Acts and Penalties provided by the law
• Any person who violates the provisions of this Act shall, upon conviction, be penalized
by imprisonment of not less than one (1) month nor more than six (6) months, or a fine
of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos
(P20,000), or both such fine and imprisonment at the discretion of the court.
• Any action arising from the violation of the provisions of this Act shall prescribe in three
(3) years.
Anti-Violence Against Women & their Children (VAWC) 2004 (R.A. 9262)
Definitions
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.
• "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
• "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.
• "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.
• "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.
• "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.
• Prohibited Acts provided by the law
• Different kinds of violence
• "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
• "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.
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• "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.
• "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.
• "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.
• Prohibited Acts provided by the law
• Different kinds of violence
Economic Abuse
• refers to acts that make or attempt to make a woman financially dependent.
• a) withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of
the Family Code.
• b) deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common.
• c) destroying household property
• d) controlling the victims' own money or properties or solely controlling the conjugal
money or properties.
Penalties
• Maximum penalty – prision mayor – 6 years and 1 day to 12 years imprisonment
• Minimum penalty – arresto mayor – 1 month and 1 day to 6 months
• PRESCRIPTIVE PERIOD – 20 years
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.
Kinds of Protection Orders
• Barangay protection order (BPO)
• Temporary protection order (TPO)
• Permanent protection order (PPO)
• 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:
• a) intimidation
• b) harassment

• c) stalking
• d) damage to property
• e) public ridicule or humiliation
• f) repeated verbal abuse
• g) marital infidelity
• h) causing or allowing the victim to witness the physical, sexual or psychological abuse
of a member of the family to which the victim belongs
• i ) to witness pornography in any form
• j) to witness abusive injury to pets
• k) to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children
• 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:
• a) intimidation
• b) harassment
• c) stalking
• d) damage to property
• e) public ridicule or humiliation
• f) repeated verbal abuse
• g) marital infidelity
• h) causing or allowing the victim to witness the physical, sexual or psychological abuse
of a member of the family to which the victim belongs
• i ) to witness pornography in any form
• j) to witness abusive injury to pets
• k) to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children
Penalties
• Maximum penalty – prision mayor – 6 years and 1 day to 12 years imprisonment
• Minimum penalty – arresto mayor – 1 month and 1 day to 6 months
• PRESCRIPTIVE PERIOD – 20 years
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.
Kinds of Protection Orders
• Barangay protection order (BPO)
• Temporary protection order (TPO)
• Permanent protection order (PPO)
• Duties of Public Officers and Law Enforcers with regard to the law

• (a) respond immediately to a call for help or request for assistance or protection of the
victim by entering the dwelling if 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 belongings 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 PunongBarangy or the
courts;
• (g) arrest the suspected perpetrator without 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).
CUSTODIAL INVESTIGATION (R.A. 7438)
Miranda Rights
Rights under the Miranda Doctrine which a person under custodial investigation is entitled are:
• To remain silent.
• To competent and independent counsel (preferably of his own choice) at all stages of
the investigation. If he cannot afford the services of counsel, he must be provided (by
the government) with one.
• To be informed of such rights.
• Rights cannot be waived except in writing and signed by the person in the presence of
his counsel.
• No torture, force, violence, threat, intimidation, or any other means which vitiates the
free will shall be used.
• Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited.
• Confessions/admissions obtained in violation of rights are inadmissible in evidence.
Section 1. Statement of Policy
It is the policy of the Senate to value the dignity of every human being and guarantee full
respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation;
Duties of Public Officers.

• Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.
• Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform
the latter, in a language known to and understood by him, of his rights to remain silent
and to have competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested, detained or
under custodial investigation. If such person cannot afford the servicesof his own
counsel, he must be provided with a competent and independent counsel by the
inestigating officer.
• Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.
• Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform
the latter, in a language known to and understood by him, of his rights to remain silent
and to have competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested, detained or
under custodial investigation. If such person cannot afford the servicesof his own
counsel, he must be provided with a competent and independent counsel by the
inestigating officer.
• f. Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any member of his immediate family
or by his counsel, or by any national non-governmental organization duly accredited by
the Commission on Human Rights of by any internatonal non-governmental organization
duly accredited by the Office of the President. The person’s “immediate family” shall
include his or her spouse, fiance’ or fiancee’, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
• As used in this Act, “custodial Investigation” shall include the practice of issuing an
“invitation” to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liablity of the “inviting” officer for
any violation of law.
Section 3. Assisting Counsel
• Assisting counsel is any lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those charged with the prosecution
of crimes.
• The assisting counsel other than the government lawyers shall be entitled to the
following fees:
• The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable
with light felonies;
• The amount o Two hundred fifty pesos (P250.00) if the suspected person is chargeable
with less grave or grave felonies;
• The amount of Three hundred fifty pesos (P350) if the suspected person is chargeable
with a capital offense.
• The fee for the assisting counsel shall be paid by the city or municipality where
the custodial investigation is conducted, provided that if the municipality or city cannot
pay such fee, the province compromising such municipality or city shall pay the fee:
provided, That the Municipal or City Treasurer must certify that no funds are available to
pay the fees of assisting counsel before the province pays said fees.
• In the absence of any lawyer, no custodial investigation shall be conducted and
the suspected person can only be detained by the investigating officer in accordance
with the provisions of Article 125 of the Revised Penal Code.
• Prohibited Acts and Penalties provided by the law
a. Any arresting public officer or employee, or any investigating officer, who fails to
inform any person arrested, detained or under custodial investigation of his right to remain
silent and to have competent and independent counsel preferably of his own choice, shall suffer
a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8)
years but not more than ten (10) years, or both. The penalty of perpetual absolute
disqualification shall also be imposed upon the investigating officer who has been previously
convicted of a similar offense.
• The same penalties shall be imposed upon a public officer or employee, or anyone
acting upon orders of such investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested, detained or under custodial
investigation for the commission of an offense if the latter cannot afford the services of
his own counsel.
Section 4. Penalty Clause.
Juvenile Justice and Welfare Act of 2006 (R.A. 9344) (R.A. 10630)
Juvenile Justice and Welfare Act of 2006
• Definition of terms provided by the law
1. 1) Best Interest of the Child – refers to the totality of the circumstances and conditions
which are most congenial to the survival, protection and feelings of security of the child
and most encouraging to the child’s physical, psychological and emotional development.
It also means the least detrimental available alternative for safeguarding the growth and
development of the child.
2. Child – refers to a person under the age of eighteen (18) years.
3. Child in Conflict with the Law – refers to a child who is alleged as, accused of, or
adjudged as having committed an offense under Philippine laws.
4. 4. Diversion – refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational background without resorting to
formal court proceedings.
5. 5. Initial Contact with the Child – refers to the apprehension or taking into custody of a
child in conflict with the law by law enforcement officers or private citizens.
6. 6. Intervention – refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take in the form of an individualized
treatment program which may include counselling, skills training, education, and other
activities that will enhance his/her psychological, emotional and psycho-social well-
being.
7. 7. Juvenile Justice and Welfare System – refers to a system dealing with children at risk
and children in conflict with the law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion, rehabilitation, re-integration
and after care to ensure their normal growth and development.
8. Prohibited Acts provided by the law
9. Prohibition against labelling and shaming.
10. Employment of threats of whatever kind and nature.
11. Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement.
12. Employment of degrading, inhuman and cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful substances over the body of the child in
conflict with the law, or forcing him/her to walk around the community wearing the
signs which embarrass, humiliate, and degrade his/her personality and dignity.
13. Compelling the child to perform involuntary servitude in any and all forms under any and
all instances.
Minimum Age of Criminal Responsibility
• A child fifteen (15) years of age or under at the time of the commission of the offense
shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program.
• A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment. In which case, the child shall be subjected to the
appropriate proceedings.
• There is still civil liability.
Procedural requirement provided by the law
From the moment a child is taken into custody, the law enforcement officer shall:
• 1. Explain to the child in simple language and in a dialect that he/she can understand
why he/she is being placed under custody and the offense that he/she allegedly
committed.
• 2. Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her.
• 3. Properly identify himself/herself and present proper identification to the child.
• 4. Refrain from using vulgar or profane words and from sexually harassing or abusing,
or making sexual advances on the child in conflict with the law.
• 5. Avoid displaying or using any firearm, weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary.
• 6. Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/her apprehension.
• 7. Avoid violence or unnecessary force.
• 8. Determine the age of the child.
• 9. Immediately but not later than eight (8) hours after apprehension, turn over custody
of the child to Social Welfare and Development Office or other accredited NGO’s, and
notify the child’s parents/guardians and Public Attorneys Office of the child’s
apprehension.
• The social welfare and development officer shall explain to the child and child’s
parents/guardians the consequences of the child’s act with a view towards counselling
and rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate.
• 10. Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential
unless otherwise ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the same.
• 11. Ensure that should detention of the child in conflict with the law be necessary, the
child shall be secured in quarters separate from that of the opposite sex and adult
offenders.
• Record the following in the initial investigation:
• 1) Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
• 2) That the parents or guardian of a child, DSWD, and the PAO have been duly
informed of the apprehension and the details thereof; and
Duties of Public Officers and Law enforcers
• If parents/guardian does not consent to a diversion, the women and children protection
desk of the PNP, or other law enforcement officer handling the case shall, within three
(3) days from determination of the absence of jurisdiction over the case or termination
of diversion proceedings, forward the records of the case of the child under custody, to
the prosecutor or judge concerned for the conduct of inquest and/or preliminary
investigation to determine whether or not the child should remain under custody and
correspondingly charged in court. The document transmitting said records shall display
the word “CHILD” in bold letters.
Penalties

• Imprisonment of not less than eight (8) years but not more than ten (10) years
• Fine of P20,000.00 but not more than P50,000.00
• Or both such fine and imprisonment
• If offender is a public officer – in addition to fine and imprisonment, he shall be held
administratively liable
Human Security Act of 2007

(R.A. 9372)
SEC. 3. Terrorism
Any person who commits an act punishable under any of the following provisions of the Revised
Penal Code:
• a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
• b. Article 134 (Rebellion or Insurrection);
• c. Article 134-a (Coup d' Etat), including acts committed by private persons;
• d. Article 248 (Murder);
• e. Article 267 (Kidnapping and Serious Illegal Detention);
• f. Article 324 (Crimes Involving Destruction), or under
• 1. Presidential Decree No. 1613 (The Law on Arson);
• 2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);
• 3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
• 4. Republic Act No. 6235 (Anti-Hijacking Law);
• 5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974);
and,
• 6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
• thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40)
years of imprisonment, without the benefit of parole as provided for under Act No. 4103,
otherwise known as the Indeterminate Sentence Law, as amended.
SEC. 4.Conspiracy to Commit Terrorism
• Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty
(40) years of imprisonment.
• There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism as defined in Section 3 hereof and decide to
commit the same.

SEC. 7. Surveillance of Suspects and Interception and Recording of Communications
• a police or law enforcement official and the members of his team may, upon a written
order of the Court of Appeals, listen to, intercept and record, with the use of any mode,
form, kind or type of electronic or other surveillance equipment or intercepting and
tracking devices, or with the use of any other suitable ways and means for that purpose,
any communication, message, conversation, discussion, or spoken or written words
between members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism.
• Provided, That surveillance, interception and recording of communications between
lawyers and clients, doctors and patients, journalists and their sources and confidential
business correspondence shall not be authorized.
• The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon the applicant police or law enforcement official who fails to notify the
person subject of the surveillance, monitoring, interception and recording as specified
above.
SEC. 11. Custody of Intercepted and Recorded Communications
• Any person who removes, deletes, expunges, incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not less than six years and one day to twelve
(12) years of imprisonment.
SEC. 12. Contents of Joint Affidavit
• The joint affidavit of the police or of the law enforcement official and the individual
members of his team shall state: (a) the number of tapes, discs, and recordings that
have been made, as well as the number of excerpts and summaries thereof and the
number of written notes and memoranda, if any, made in connection therewith; (b) the
dates and times covered by each of such tapes, discs, and recordings; (c) the number of
tapes, discs, and recordings, as well as the number of excerpts and summaries thereof
and the number of written notes and memoranda made in connection therewith that
have been included in the deposit; and (d) the date of the original written authorization
granted by the Anti-Terrorism Council to the applicant to file the ex parte application to
conduct the tracking down, tapping, intercepting, and recording, as well as the date of
any extension or renewal of the original written authority granted by the authorizing
division of the Court of Appeals.
• It shall be unlawful for any person, police or law enforcement official to omit or exclude
from the joint affidavit any item or portion thereof mentioned in this Section.
• Any person, police or law enforcement officer who violates any of the acts prescribed in
the preceding paragraph shall suffer the penalty of not less than ten (10) years and one
day to twelve (12) years of imprisonment.
SEC. 16.Penalty for Unauthorized or Malicious Interceptions and/or Recordings.
• The penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest.
• The police or law enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took place at any time of the day
or night. It shall be the duty of the judge, among other things, to ascertain the identity
of the police or law enforcement personnel and the person or persons they have
arrested and presented before him or her, to inquire of them the reasons why they have
arrested the person and determine by questioning and personal observation whether or
not the suspect has been subjected to any physical, moral or psychological torture by
whom and why. The judge shall then submit a written report of what he/she had
observed when the subject was brought before him to the proper court that has
jurisdiction over the case of the person thus arrested. The judge shall forthwith submit
his/her report within three calendar days from the time the suspect was brought to
his/her residence or office.
• Immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel
shall notify in writing the judge of the court nearest the place of apprehension or arrest:
Provided ,That where the arrest is made during Saturdays, Sundays, holidays or after
office hours, the written notice shall be served at the residence of the judge nearest the
place where the accused was arrested.
imposed upon the police or law enforcement personnel who fails to notify and judge as
Provided in the preceding paragraph.
SEC. 20.Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within
Three Days.
imposed upon any police or law enforcement personnel who has apprehended or
arrested, detained and taken custody of a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within the period of three days.
SEC. 44. Infidelity in the Custody of Detained Persons
• Any public officer who has direct custody of a detained person or under the provisions of
this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or
allows the escape of such detained person shall be guilty of an offense and shall suffer
the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment,
if the detained person has already been convicted and sentenced in a final judgment of
a competent court; and (b) six years and one day to twelve (12) years of imprisonment,
if the detained person has not been convicted and sentenced in a final judgment of a
competent court.
SEC. 46. Penalty for Unauthorized Revelation of Classified Materials
imposed upon any person, police or law enforcement agent, judicial officer or civil
servant who, not being authorized by the Court of Appeals to do so, reveals in any
manner or form any classified information under this Act.
SEC. 47.Penalty for Furnishing False Evidence, Forged Document, or Spurious
Evidence.
• The penalty of twelve (12) years and one day to twenty (20) years of imprisonment
shall be imposed upon any person who knowingly furnishes false testimony, forged
document or spurious evidence in any investigation or hearing under this Act.
SEC. 50.Damages for Unproven Charge of Terrorism.
• Upon acquittal, any person who is accused of terrorism shall be entitled to the payment
of damages in the amount of Five hundred thousand pesos (P500,000.00) for every day
that he or she has been detained or deprived of liberty or arrested without a warrant as
a result of such an accusation. The amount of damages shall be automatically charged
against the appropriations of the police agency or the Anti-Terrorism Council that
brought or sanctioned the filing of the charges against the accused. It shall also be
released within fifteen (15) days from the date of the acquittal of the accused. The
award of damages mentioned above shall be without prejudice to the right of the
acquitted accused to file criminal or administrative charges against those responsible for
charging him with the case of terrorism.
• Any officer, employee, personnel, or person who delays the release or refuses to release
the amounts awarded to the individual acquitted of the crime of terrorism as directed in
the paragraph immediately preceding shall suffer the penalty of six months of
imprisonment.
•
Firearms law
Republic act no. 10591
Section 3. Definition of Terms.
• Accessories -refer to parts of a firearm which may enhance or increase the operational
efficiency or accuracy of a firearm but will not constitute any of the major or minor
internal parts thereof such as, not limited to, laser scope, telescopic sight and sound
suppressor or silencer.
• Ammunition -refers to a complete unfixed unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
• Firearm refers to any handheld or portable weapon, whether a small arm or light
weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile,
which is discharged by means of expansive force of gases from burning gunpowder or
other form of combustion or any similar instrument or implement. For purposes of this
Act, the barrel, frame or receiver is considered a firearm.

• Loose firearm refers to an unregistered firearm, an obliterated or altered firearm,
firearm which has been lost or stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than the licensee and those with
revoked licenses in accordance with the rules and regulations.
• Major part or components of a firearm refers to the barrel, slide, frame, receiver,
cylinder or the bolt assembly. The term also includes any part or kit designed and
intended for use in converting a semi-automatic burst to a full automatic firearm.
• Minor parts of a firearm refers to the parts of the firearm other than the major parts
which are necessary to effect and complete the action of expelling a projectile by way of
combustion, except those classified as accessories.
• Small arms refer to firearms intended to be or primarily designed for individual use or
that which is generally considered to mean a weapon intended to be fired from the hand
or shoulder, which are not capable of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with or permanently
aligned with the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for
individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can
discharge a bullet through a rifled barrel by different actions of loading, which may be classified
as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a
single projectile through a smooth bore by the action or energy from burning gunpowder.
• Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and
carbines, submachine guns, assault rifles and light machine guns not exceeding caliber
7.62MM which have fully automatic mode; and Class-B Light weapons which refer to
weapons designed for use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld
underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-
tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems,
portable launchers of anti-aircraft missile systems, and mortars of a caliber of less than
100MM.
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition.
• The unlawful acquisition, possession of firearms and ammunition shall be penalized as
follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or
more small arms or Class-A light weapons are unlawfully acquired or possessed by any person;

(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any firearm under any
or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such
as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-A light weapon;
• (i) The penalty of prision mayor in its medium period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-A light weapon, the former violation shall be
absorbed by the latter;
Section 29. Use of Loose Firearm in the Commission of a Crime.
• The use of a loose firearm, when inherent in the commission of a crime punishable
under the Revised Penal Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty which is lower than that
prescribed in the preceding section for illegal possession of firearm, the penalty for
illegal possession of firearm shall be imposed in lieu of the penalty for the crime
charged:
• Provided, further, That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the penalty of prision mayor in its
minimum period shall be imposed in addition to the penalty for the crime punishable
under the Revised Penal Code or other special laws of which he/she is found guilty.

• If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be
absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’
etat.
• If the crime is committed by the person without using the loose firearm, the violation of
this Act shall be considered as a distinct and separate offense.
Section 31. Absence of Permit to Carry Outside of Residence.
• The penalty of prisioncorreccional and a fine of Ten thousand pesos (P10,000.00) shall
be imposed upon any person who is licensed to own a firearm but who shall carry the
registered firearm outside his/her residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or
Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be
Used in the Manufacture of Firearms, Ammunition or Parts Thereof.
• The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any
person who shall unlawfully engage in the manufacture, importation, sale or disposition
of a firearm or ammunition, or a major part of a firearm or ammunition, or machinery,
tool or instrument used or intended to be used by the same person in the manufacture
of a firearm, ammunition, or a major part thereof.
• The possession of any machinery, tool or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by any person whose business,
employment or activity does not lawfully deal with the possession of such article, shall
be prima facie evidence that such article is intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or parts thereof.
Section 33.Arms Smuggling.
• The penalty of reclusion perpetua shall be imposed upon any person who shall engage
or participate in arms smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of Firearms Identification.
• The penalty of prisioncorreccional to prision mayor in its minimum period shall be
imposed upon any person who shall tamper, obliterate or alter without authority the
barrel, slide, frame, receiver, cylinder, or bolt assembly, including the name of the
maker, model, or serial number of any firearm, or who shall replace without authority
the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its individual or
peculiar identifying characteristics essential in forensic examination of a firearm or light
weapon.
• The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the PNP
Crime Laboratory for future use and identification of a particular firearm.
Section 35. Use of an Imitation Firearm.
• An imitation firearm used in the commission of a crime shall be considered a real firearm
as defined in this Act and the person who committed the crime shall be punished in
accordance with this Act: Provided, That injuries caused on the occasion of the conduct
of competitions, sports, games, or any recreation activities involving imitation firearms
shall not be punishable under this Act.
• Section 38.Liability for Planting Evidence.
• The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall willfully and maliciously insert; place, and/or attach, directly or indirectly,
through any overt or covert act, any firearm, or ammunition, or parts thereof in the
person, house, effects, or in the immediate vicinity of an innocent individual for the
purpose of implicating or incriminating the person, or imputing the commission of any
violation of the provisions of this Act to said individual. If the person found guilty under
this paragraph is a public officer or employee, such person shall suffer the penalty of
reclusion perpetua.
•
Republic Act No. 7610
"Special Protection of Children Against Abuse, Exploitation and Discrimination Act"
Special Protection of Children Against Abuse, Exploitation and Discrimination Act
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;

(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 above stated 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.
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
• 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 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.
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:
(a) When a child travels alone to a foreign country without valid reason therefore 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;
(b) When a pregnant mother executes an affidavit of consent for adoption for a consideration;
(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.
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.
• 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.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development.
• 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.
• 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.
• 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.
• 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 prisioncorreccional in its
medium period to reclusion perpetua.
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.
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 by-products and violence.
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.
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 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).
• Who May File a Complaint. – Complaints on cases of unlawful acts committed against
the children as enumerated herein may be filed by the following:
• (a) Offended party;
• (b) Parents or guardians;
• (c) Ascendant or collateral relative within the third degree of consanguinity;
• (d) Officer, social worker or representative of a licensed child-caring institution;
• (e) Officer or social worker of the Department of Social Welfare and Development;
• (f) Barangay chairman; or
• (g) At least three (3) concerned responsible citizens where the violation occurred.
•
REPUBLIC ACT NO. 8353
"The Anti-Rape Law of 1997"
Rape as a Crime Against Persons
Article 266-A. Rape: When And How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault
a) by inserting his penis into another person's mouth or anal orifice,
b)or any instrument or object, into the genital or anal orifice of another person.
Article 266-B. Penalty.
• Rape under paragraph 1 of the next preceding article shall be punished by reclusion
perpetua.
• Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
• When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall become reclusion perpetua to death.
• When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.
• When by reason or on the occasion of the rape, homicide is committed, the penalty shall
be death.
• The death penalty shall also be imposed if the crime of rape is committed with any of
the following aggravating/qualifying circumstances:
• l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third
civil degree, or the common-law spouse of the parent of the victim;
• 2) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
• 3) When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity;

• 4) When the victim is a religious engaged in legitimate religious vocation or calling and
is personally known to be such by the offender before or at the time of the commission
of the crime;
• 5) When the victim is a child below seven (7) years old;
• 6) When the offender knows that he is afflicted with the Human Immuno-Deficiency
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
• 7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement agency or
penal institution, when the offender took advantage of his position to facilitate the
commission of the crime;
• 8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
• 9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
• 10) When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime.
• Rape under paragraph 2 of the next preceding article shall be punished by prision
mayor.
• Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be prision mayor to reclusion temporal.
• When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal.
• When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion temporal to reclusion perpetua.
• When by reason or on the occasion of the rape, homicide is committed, the penalty shall
be reclusion perpetua.
• Reclusion temporal shall be imposed if the rape is committed with any of the ten
aggravating/ qualifying circumstances mentioned in this article.
Article 266-C. Effect of Pardon
• The subsequent valid marriage between the offended party shall extinguish the criminal
action or the penalty imposed.
• In case it is the legal husband who is the offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the criminal action or the penalty: Provided,
That the crime shall not be extinguished or the penalty shall not be abated if the
marriage is void ab initio.

REPUBLIC ACT NO. 9160 as amended by REPUBLIC ACT NO. 9194
"Anti-Money Laundering Act of 2001"
Definitions
(a) "Covered Institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries
and affiliates supervised or regulated by the BangkoSentral ng Pilipinas (BSP);
(2) Insurance companies and all other institutions supervised or regulated by the Insurance
Commission; and
• (3) (i) securities dealers, brokers, salesmen, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor, or consultant,
(ii) mutual funds, close and investment companies, common trust funds, pre-need
companies and other similar entities, (iii) foreign exchange corporations, money
changers, money payment, remittance, and transfer companies and other similar
entities, and (iv) other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects, cash substitutes
and other similar monetary instruments or property supervised or regulated by
Securities and Exchange Commission.
• (3) (i) securities dealers, brokers, salesmen, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor, or consultant,
(ii) mutual funds, close and investment companies, common trust funds, pre-need
companies and other similar entities, (iii) foreign exchange corporations, money
changers, money payment, remittance, and transfer companies and other similar
entities, and (iv) other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects, cash substitutes
and other similar monetary instruments or property supervised or regulated by
Securities and Exchange Commission.
• 1. there is no underlying legal or trade obligation, purpose or economic justification;
• 2. the client is not properly identified;
• 3. the amount involved is not commensurate with the business or financial capacity of
the client;
• 4. taking into account all known circumstances, it may be perceived that the client's
transaction is structured in order to avoid being the subject of reporting requirements
under the Act;
• 5. any circumstances relating to the transaction which is observed to deviate from the
profile of the client and/or the client's past transactions with the covered institution;
• 6. the transactions is in a way related to an unlawful activity or offense under this Act
that is about to be, is being or has been committed; or
• 7. any transactions that is similar or analogous to any of the foregoing."
(c) "Monetary Instrument" refers to:
(1) coins or currency of legal tender of the Philippines, or of any other country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust
certificates, custodial receipts or deposit substitute instruments, trading orders, transaction
tickets and confirmations of sale or investments and money marked instruments; and
(4) other similar instruments where title thereto passes to another by endorsement, assignment
or delivery
• (d) "Offender" refers to any person who commits a money laundering offense.
• (e) "Person" refers to any natural or juridical person.
• (f) "Proceeds" refers to an amount derived or realized from an unlawful activity.
• (g) "Supervising Authority" refers to the appropriate supervisory or regulatory agency,
department or office supervising or regulating the covered institutions enumerated in
Section 3(a).
• (h) "Transaction" refers to any act establishing any right or obligation or giving rise to
any contractual or legal relationship between the parties thereto. It also includes any
movement of funds by any means with a covered institution.
• "(i) 'Unlawful activity' refers to any act or omission or series or combination thereof
involving or having direct relation to following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised
Penal Code, as amended;
(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known
as the Comprehensive Dangerous Act of 2002;
(3) Section 3 paragraphs B, C, E, G, H and I of republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised
Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential under
the Revised Penal Code, as amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act
of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder,
as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists
against non-combatant persons and similar targets
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as
the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other
countries.
Money Laundering Offense
Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are
transacted, thereby making them appear to have originated from legitimate sources. It is
committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or attempts to transacts said
monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act as a result of which he facilitates the
offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to
be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so."
• Freezing of Monetary Instrument or Property
• The Court of Appeals, upon application ex parte by the AMLC and after determination
that probable cause exists that any monetary instrument or property is in any way
related to an unlawful activity as defined in Section 3(i) hereof, may issue a freeze order
which shall be effective immediately. The freeze order shall be for a period of twenty
(20) days unless extended by the court.
• Authority to Inquire into Bank Deposits
• Notwithstanding the provisions of Republic Act No. 1405, as amended, Republic Act No.
6426, as amended, Republic Act No. 8791, and other laws, the AMLC may inquire into or
examine any particular deposit or investment with any banking institution or non-bank
financial institution upon order of any competent court in cases of violation of this Act,
when it has been established that there is probable cause that the deposits or
investments are related to an unlawful activities as defined in Section 3(I) hereof or a
money laundering offense under Section 4 hereof, except that no court order shall be
required in cases involving unlawful activities defined in Sections 3(I)1, (2) and (12).
• Penal Provisions
• (a) Penalties for the Crime of Money Laundering. The penalty of imprisonment ranging
from seven (7) to fourteen (14) years and a fine of not less than Three million Philippine
pesos (Php 3,000,000.00) but not more than twice the value of the monetary instrument
or property involved in the offense, shall be imposed upon a person convicted under
Section 4(a) of this Act.
• The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than
One million five hundred thousand Philippine pesos (Php 1,500,000.00) but not more
than Three million Philippine pesos (Php 3,000,000.00), shall be imposed upon a person
convicted under Section 4(b) of this Act.

• The penalty of imprisonment from six (6) months to four (4) years or a fine of not less
than One hundred thousand Philippine pesos (Php 100,000.00) but not more than Five
hundred thousand Philippine pesos (Php 500,000.00), or both, shall be imposed on a
person convicted under Section 4(c) of this Act.
• (b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6)
months to one (1) year or a fine of not less than One hundred thousand Philippine pesos
(Php 100,000.00) but not more than Five hundred thousand Philippine pesos (Php
500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of this
Act.
• (c) Malicious Reporting. Any person who, with malice, or in bad faith, reports or files a
completely unwarranted or false information relative to money laundering transaction
against any person shall be subject to a penalty to six (6) months to four (4) years
imprisonment and a fine of not less than One hundred thousand Philippine pesos
(Php100,000.00) but not more than Five hundred thousand Philippine pesos
(Php500,000.00), at the discretion of the court: Provided, That the offender is not
entitled to avail the benefits of the Probation Law.
•
• "If the offender is a corporation, association, partnership or any juridical person, the
penalty shall be imposed upon the responsible officers, as the case may be, who
participated in, or allowed by their gross negligence, the commission of the crime. If the
offender is a juridical person, the court may suspend or revoke its license. If the offer is
an alien, he shall, in addition to the penalties herein prescribed, be deported without
further proceedings after serving the penalties herein prescribed. If the offender is a
public official or employee, he shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case may be.
• "Any public official or employee who is called upon to testify and refuses to do the same
or purposely fails to testify shall suffer the same penalties prescribed herein.
• (d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to
eight (8) years and a fine of not less than Five hundred thousand Philippine pesos
(Php500,000.00) but not more than One million Philippine pesos (Php1,000,000.00)
shall be imposed on a person convicted for a violation under Section 9(c). In the case of
a breach of confidentiality that is published or reported by media, the responsible
reporter, writer, president, publisher, manager and editor-in-chief shall be liable under
this Act.

Republic Act No. 6981
"Witness Protection, Security and Benefit Act“
• Any person who has witnessed or has knowledge or information on the commission of a
crime and has testified or is testifying or about to testify before any judicial or quasi-
judicial body, or before any investigating authority, may be admitted into the Program:
• Provided, That:
• a) the offense in which his testimony will be used is a grave felony as defined under the
Revised Penal Code, or its equivalent under special laws;
• b) his testimony can be substantially corroborated in its material points;
• c) he or any member of his family within the second civil degree of consanguinity or
affinity is subjected to threats to his life or bodily injury or there is a likelihood that he
will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying,
or to testify falsely, or evasively, because or on account of his testimony; and
• d) he is not a law enforcement officer, even if he would be testifying against the other
law enforcement officers. In such a case, only the immediate members of his family may
avail themselves of the protection provided for under this Act.
• If the Department, after examination of said applicant and other relevant facts, is
convinced that the requirements of this Act and its implementing rules and regulations
have been complied with, it shall admit said applicant to the Program, require said
witness to execute a sworn statement detailing his knowledge or information on the
commission of the crime, and thereafter issue the proper certification. For purposes of
this Act, any such person admitted to the Program shall be known as the Witness.
• Memorandum of Agreement With the Person to be Protected
• Before a person is provided protection under this Act, he shall first execute a
memorandum of agreement which shall set forth his responsibilities including:
• a) to testify before and provide information to all appropriate law enforcement officials
concerning all appropriate proceedings in connection with or arising from the activities
involved in the offense charged;
• b) to avoid the commission of the crime;
• c) to take all necessary precautions to avoid detection by others of the facts concerning
the protection provided him under this Act;
• d) to comply with legal obligations and civil judgments against him;
• e) to cooperate with respect to all reasonable requests of officers and employees of the
Government who are providing protection under this Act; and
• f) to regularly inform the appropriate program official of his current activities and
address.
• Rights and Benefits
• The witness shall have the following rights and benefits:

• (a) To have a secure housing facility until he has testified or until the threat, intimidation
or harassment disappears or is reduced to a manageable or tolerable level. When the
circumstances warrant, the Witness shall be entitled to relocation and/or change of
personal identity at the expense of the Program. This right may be extended to any
member of the family of the Witness within the second civil degree of consanguinity or
affinity.
• (b) The Department shall, whenever practicable, assist the Witness in obtaining a means
of livelihood. The Witness relocated pursuant to this Act shall be entitled to a financial
assistance from the Program for his support and that of his family in such amount and
for such duration as the Department shall determine.
• (c) In no case shall the Witness be removed from or demoted in work because or on
account of his absences due to his attendance before any judicial or quasi-judicial body
or investigating authority, including legislative investigations in aid of legislation, in
going thereto and in coming therefrom: Provided, That his employer is notified through
a certification issued by the Department, within a period of thirty (30) days from the
date when the Witness last reported for work: Provided, further, That in the case of
prolonged transfer or permanent relocation, the employer shall have the option to
remove the Witness from employment after securing clearance from the Department
upon the recommendation of the Department of Labor and Employment.
• Any Witness who failed to report for work because of witness duty shall be paid his
equivalent salaries or wages corresponding to the number of days of absence
occasioned by the Program. For purposes of this Act, any fraction of a day shall
constitute a full day salary or wage. This provision shall be applicable to both
government and private employees.
• (d) To be provided with reasonable travelling expenses and subsistence allowance by
the Program in such amount as the Department may determine for his attendance in the
court, body or authority where his testimony is required, as well as conferences and
interviews with prosecutors or investigating officers.
• (e) To be provided with free medical treatment, hospitalization and medicines for any
injury or illness incurred or suffered by him because of witness duty in any private or
public hospital, clinic, or at any such institution at the expense of the Program.
• (f) If a Witness is killed, because of his participation in the Program, his heirs shall be
entitled to a burial benefit of not less than Ten thousand pesos (P10,000.00) from the
Program exclusive of any other similar benefits he may be entitled to under other
existing laws.
• (g) In case of death or permanent incapacity, his minor or dependent children shall be
entitled to free education, from primary to college level in any state, or private school,
college or university as may be determined by the Department, as long as they shall
have qualified thereto.
• Penalty for Harassment of Witness
• Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades
a Witness from:
• (a) attending or testifying before any judicial or quasi-judicial body or investigating
authority;
• (b) reporting to a law enforcement officer or judge the commission or possible
commission of an offense, or a violation of conditions or probation, parole, or release
pending judicial proceedings;
• (c) seeking the arrest of another person in connection with the offense;
• (d) causing a criminal prosecution, or a proceeding for the revocation of a parole or
probation; or
• (e) performing and enjoying the rights and benefits under this Act or attempts to do so,
shall be fined not more than Three thousand pesos (P3,000.00) or suffer imprisonment
of not less than six (6) months but not more than one (1) year, or both, and he shall
also suffer the penalty of perpetual disqualification from holding public office in case of a
public officer.
Writ of Habeas Corpus and
Writ of Amparo
• The petition for a writ of amparo is a remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity.
• The writ shall cover extralegal killings and enforced disappearances or threats thereof.
Who May File
• The petition may be filed by the aggrieved party or by any qualified person or entity in
the following order:
• Any member of the immediate family, namely: the spouse, children and parents of the
aggrieved party;
• Any ascendant, descendant or collateral relative of the aggrieved party within the fourth
civil degree of consanguinity or affinity, in default of those mentioned in the preceding
paragraph; or
• Any concerned citizen, organization, association or institution, if there is no known
member of the immediate family or relative of the aggrieved party.
• The filing of a petition by the aggrieved party suspends the right of all other authorized
parties to file similar petitions. Likewise, the filing of the petition by an authorized party
on behalf of the aggrieved party suspends the right of all others, observing the order
established herein.
Penalty for Refusing to Issue or Serve the Writ
• A clerk of court who refuses to issue the writ after its allowance, or a deputized person
who refuses to serve the same, shall be punished by the court, justice or judge for
contempt without prejudice to other disciplinary actions.

How the Writ is Served
• The writ shall be served upon the respondent by a judicial officer or by a person
deputized by the court, justice or judge who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally on the respondent, the
rules on substituted service shall apply.
• Return; Contents
• Within seventy-two (72) hours after service of the writ, the respondent shall file a
verified written return together with supporting affidavits which shall, among other
things, contain the following:
• The lawful defenses to show that the respondent did not violate or threaten with
violation the right to life, liberty and security of the aggrieved party, through any act or
omission;
• The steps or actions taken by the respondent to determine the fate or whereabouts of
the aggrieved party and the person or persons responsible for the threat, act or
omission;
• All relevant information in the possession of the respondent pertaining to the threat, act
or omission against the aggrieved party; and
• If the respondent is a public official or employee, the return shall further state the
actions that have been or will still be taken:
1) to verify the identity of the aggrieved party;
2) to recover and preserve evidence related to the death or disappearance of the person
identified in the petition which may aid in the prosecution of the person or persons responsible;
3) to identify witnesses and obtain statements from them concerning the death or
disappearance;
4) to determine the cause, manner, location and time of death or disappearance as well as any
pattern or practice that may have brought about the death or disappearance;
5) to identify and apprehend the person or persons involved in the death or disappearance;
and
6) to bring the suspected offenders before a competent court.
• The return shall also state other matters relevant to the investigation, its resolution and
the prosecution of the case.
• A general denial of the allegations in the petition shall not be allowed.
Effect of Failure to File Return
• In case the respondent fails to file a return, the court, justice or judge shall proceed to
hear the petition ex parte.
Interim Reliefs
• Upon filing of the petition or at anytime before final judgment, the court, justice or
judge may grant any of the following reliefs:
(a) Temporary Protection Order. – The court, justice or judge, upon motion or motuproprio,
may order that the petitioner or the aggrieved party and any member of the immediate family
be protected in a government agency or by an accredited person or private institution capable
of keeping and securing their safety. If the petitioner is an organization, association or
institution referred to in Section 3(c) of this Rule, the protection may be extended to the
officers involved.
(b) Inspection Order. — The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession or control of a designated land or other property, to permit
entry for the purpose of inspecting, measuring, surveying, or photographing the property or any
relevant object or operation thereon.
• The motion shall state in detail the place or places to be inspected. It shall be supported
by affidavits or testimonies of witnesses having personal knowledge of the enforced
disappearance or whereabouts of the aggrieved party.
• If the motion is opposed on the ground of national security or of the privileged nature of
the information, the court, justice or judge may conduct a hearing in chambers to
determine the merit of the opposition.
• The movant must show that the inspection order is necessary to establish the right of
the aggrieved party alleged to be threatened or violated.
• The inspection order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the inspection and may
prescribe other conditions to protect the constitutional rights of all parties. The order
shall expire five (5) days after the date of its issuance, unless extended for justifiable
reasons.
(c) Production Order. – The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession, custody or control of any designated documents, papers,
books, accounts, letters, photographs, objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence relevant to the petition or the return, to
produce and permit their inspection, copying or photographing by or on behalf of the movant.
• The motion may be opposed on the ground of national security or of the privileged
nature of the information, in which case the court, justice or judge may conduct a
hearing in chambers to determine the merit of the opposition.
• The court, justice or judge shall prescribe other conditions to protect the constitutional
rights of all the parties.
• d) Witness Protection Order. – The court, justice or judge, upon motion or motuproprio,
may refer the witnesses to the Department of Justice for admission to the Witness
Protection, Security and Benefit Program, pursuant to Republic Act No. 6981.
• The court, justice or judge may also refer the witnesses to other government agencies,
or to accredited persons or private institutions capable of keeping and securing their
safety.
• Effect of Filing of a Criminal Action
• When a criminal action has been commenced, no separate petition for the writ shall be
filed. The reliefs under the writ shall be available by motion in the criminal case.
• The procedure under this Rule shall govern the disposition of the reliefs available under
the writ of amparo
Applicability to Pending Cases
• This Rule shall govern cases involving extralegal killings and enforced disappearances or
threats thereof pending in the trial and appellate courts.

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LESSON MANUSCRIPT

COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 (R. A. NO. 9165)

National Forensic Science Training Institute 1|SLP

National Forensic Science Training Institute 3|SLP

National Forensic Science Training Institute 4|SLP

Section 12.Possession of Equipment, Instrument, Apparatus and Other

National Forensic Science Training Institute 5|SLP

Anti- Trafficking of Persons Act

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Human Security Act of 2007

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