SPECIAL PENAL LAWS MIDTERM BONUS Section 2. Separability Clause.
If any provision or part hereof is held invalid or
SUBSIDIARY PENALTY
RA 10159
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read as
follows:
"Art. 39. Subsidiary Penalty. If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each amount equivalent to the highest minimum
wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction
by the trial court, subject to the following rules:
"1. If the principal penalty imposed be prision correctional or arresto and fine, he shall
remain under confinement until his fine referred in the preceding paragraph is satisfied, but
his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in
no case shall it continue for more than one year, and no fraction or part of a day shall be
counted against the prisoner.
"2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony,
and shall not exceed fifteen days, if for a fight felony.
"3. When the principal penalty imposed is higher than prision correctional, no subsidiary
imprisonment shall be imposed upon the culprit.
"4. If the principal penalty imposed is not to be executed by confinement in a penal
institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivations as those of
which the principal penalty consists.
"5. The subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him from the fine in case his financial circumstances should
improve." (As amended by Republic Act No. 5465, which lapsed into law on April 21, 1969.)
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unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.
Section 3. Repealing Clause. All laws, presidential decrees or issuances, executive
orders, letters of instruction, administrative orders or rules and regulations which may be
inconsistent with this Act shall be deemed repealed, amended or modified accordingly.
Section 4. Effectivity. This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation.
PREVENTIVE IMPRISONMENT -
GOOD CONDUCT TIME ALLOWANCE AND OTHER ALLOWANCES
RA 10592
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal
Code, is hereby further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of
imprisonment. Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing after
being informed of the effects thereof and with the assistance of counsel to abide by
the same disciplinary rules imposed upon convicted prisoners, except in the
following cases:
"1. When they are recidivists, or have been convicted previously twice or
more times of any crime; and
"2. When upon being summoned for the execution of their sentence they
have failed to surrender voluntarily.
"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
 counsel and shall be credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.1wphi1
"Whenever an accused has undergone preventive imprisonment for a period equal
to the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial thereof or the proceeding on
appeal, if the same is under review. Computation of preventive imprisonment for
purposes of immediate release under this paragraph shall be the actual period of
detention with good conduct time allowance: Provided, however, That if the
accused is absent without justifiable cause at any stage of the trial, the court
may motu proprio order the rearrest of the accused: Provided, finally, That
recidivists, habitual delinquents, escapees and persons charged with heinous
crimes are excluded from the coverage of this Act. In case the maximum penalty to
which the accused may be sentenced is lestierro, he shall be released after thirty
(30) days of preventive imprisonment."
Section 2. Article 94 of the same Act is hereby further amended to read as follows:
"ART. 94. Partial extinction of criminal liability. Criminal liability is extinguished
partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence."
Section 3. Article 97 of the same Act is hereby further amended to read as follows:
"ART. 97. Allowance for good conduct. The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this Code,
or of any convicted prisoner in any penal institution, rehabilitation or detention
center or any other local jail shall entitle him to the following deductions from the
period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a
deduction of twenty days for each month of good behavior during
detention;
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"2. During the third to the fifth year, inclusive, of his imprisonment, he
shall be allowed a reduction of twenty-three days for each month of good
behavior during detention;
"3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for
each month of good behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he
shall be allowed a deduction of thirty days for each month of good
behavior during detention; and
"5. At any time during the period of imprisonment, he shall be allowed
another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time
rendered.
"An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct."
Section 4. Article 98 of the same Act is hereby further amended to read as follows:
"ART. 98. Special time allowance for loyalty. A deduction of one fifth of the period
of his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article. A deduction of two-fifths of the
period of his sentence shall be granted in case said prisoner chose to stay in the
place of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence."
Section 5. Article 99 of the same Act is hereby further amended to read as follows:"
"ART. 99. Who grants time allowances. Whenever lawfully justified, the Director
of the Bureau of Corrections, the Chief of the Bureau of Jail Management and
Penology and/or the Warden of a provincial, district, municipal or city jail shall grant
allowances for good conduct. Such allowances once granted shall not be revoked."
Section 6. Penal Clause. Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed
against any public officer or employee who violates the provisions of this Act.
Section 7. Implementing Rules and Regulations. The Secretary of the Department of
Justice (DOJ) and the Secretary of the Department of the Interior and Local Government
(DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and
regulations on the classification system for good conduct and time allowances, as may be
necessary, to implement the provisions of this Act.
Section 8. Separability Clause. If any part hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain valid and subsisting.
Section 9. Repealing Clause. Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
the provisions of this Act is hereby repealed, modified or amended accordingly.
Section 10. Effectivity Clause. This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general circulation.
ANTI-ENFORCED OR INVOLUNTARY DISAPPEARANCE
RA 10353
AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY
DISAPPEARANCE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. This Act shall be known as the "Anti-Enforced or Involuntary
Disappearance Act of 2012.
Section 2. Declaration of Policy. The State values the dignity of every human person and
guarantees full respect for human rights for which highest priority shall be given to the
enactment of measures for the enhancement of the right of all people to human dignity, the
prohibition against secret detention places, solitary confinement, incommunicado, or other
similar forms of detention, the provision for penal and civil sanctions for such violations, and
compensation and rehabilitation for the victims and their families, particularly with respect to
the use of torture, force, violence, threat, intimidation or any other means which vitiate the
free will of persons abducted, arrested, detained, disappeared or otherwise removed from
the effective protection of the law.
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Furthermore, the State adheres to the principles and standards on the absolute
condemnation of human rights violations set by the 1987 Philippine Constitution and various
international instruments such as, but not limited to, the International Covenant on Civil and
Political Rights (ICCPR), and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT), to which the Philippines is a State party.
Section 3. Definitions. For purposes of this Act, the following terms shall be defined as
follows:
(a) Agents of the State refer to persons who, by direct provision of the law, popular
election or appointment by competent authority, shall take part in the performance
of public functions in the government, or shall perform in the government or in any
of its branches public duties as an employee, agent or subordinate official, of any
rank or class.
(b) Enforced or involuntary disappearance refers to the arrest, detention, abduction
or any other form of deprivation of liberty committed by agents of the State or by
persons or groups of persons acting with the authorization, support or
acquiescence of the State, followed by a refusal to acknowledge the deprivation of
liberty or by concealment of the fate or whereabouts of the disappeared person,
which places such person outside the protection of the law.
(c) Order of Battle refers to a document made by the military, police or any law
enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and which it considers as
legitimate targets as combatants that it could deal with, through the use of means
allowed by domestic and international law.
(d) Victim refers to the disappeared person and any individual who has suffered
harm as a direct result of an enforced or involuntary disappearance as defined in
letter (b) of this Section.
Section 4. Nonderogability of the Right Against Enforced or Involuntary Disappearance.
The right against enforced or involuntary disappearance and the fundamental safeguards for
its prevention shall not be suspended under any circumstance including political instability,
threat of war, state of war or other public emergencies.
Section 5. "Order of Battle" or Any Order of Similar Nature, Not Legal Ground, for Enforced
or Involuntary Disappearance. An "Order of Battle" or any order of similar nature, official or
otherwise, from a superior officer or a public authority causing the commission of enforced
or involuntary disappearance is unlawful and cannot be invoked as a justifying or exempting
circumstance. Any person receiving such an order shall have the right to disobey it.
Section 6. Right of Access to Communication. It shall be the absolute right of any person
deprived of liberty to have immediate access to any form of communication available in
order for him or her to inform his or her family, relative, friend, lawyer or any human rights
organization on his or her whereabouts and condition.
Section 7. Duty to Report Victims of Enforced or Involuntary Disappearance. Any person,
not being a principal, accomplice or accessory, who has an information of a case of
enforced or involuntary disappearance or who shall learn of such information or that a
person is a victim of enforced or involuntary disappearance, shall immediately report in
writing the circumstances and whereabouts of the victim to any office, detachment or
division of the Department of the Interior and Local Government (DILG), the Department of
National Defense (DND), the Philippine National Police (PNP), the Armed Forces of the
Philippines (AFP), the National Bureau of Investigation (NBI), the City or Provincial
Prosecutor, the Commission on Human Rights (CHR) or any human rights organization and,
if known, the victims family, relative, or lawyer.
Section 8. Duty to Certify in Writing on the Results of Inquiry into a Reported Disappeared
Persons Whereabouts. In case a family member, relative, lawyer, representative of a
human rights organization or a member of the media inquires with a member or official of
any police or military detention center, the PNP or any of its agencies, the AFP or any of its
agencies, the NBI or any other agency or instrumentality of the government, as well as any
hospital or morgue, public or private, on the presence or whereabouts of a reported victim of
enforced or involuntary disappearance, such member or official shall immediately issue a
certification in writing to the inquiring person or entity on the presence or absence and/or
information on the whereabouts of such disappeared person, stating, among others, in clear
and unequivocal manner the date and time of inquiry, details of the inquiry and the response
to the inquiry.
Section 9. Duty of Inquest/Investigating Public Prosecutor or any Judicial or Quasi-Judicial
Official or Employee. Any inquest or investigating public prosecutor, or any judicial or
quasi-judicial official or employee who learns that the person delivered for inquest or
preliminary investigation or for any other judicial process is a victim of enforced or
involuntary disappearance shall have the duty to immediately disclose the victims
whereabouts to his or her immediate family, relatives, lawyer/s or to a human rights
organization by the most expedient means.
Section 10. Official Up-to-Date Register of All Persons Detained or Confined. - All persons
detained or confined shall be placed solely in officially recognized and controlled places of
detention or confinement where an official up-to-date register of such persons shall be
maintained. Relatives, lawyers, judges, official bodies and all persons who have legitimate
interest in the whereabouts and condition of the persons deprived of liberty shall have free
access to the register.
The following details, among others, shall be recorded, in the register:
(a) The identity or name, description and address of the person deprived of liberty;
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(b) The date, time and location where the person was deprived of liberty and the
identity of the person who made such deprivation of liberty;
(c) The authority who decided the deprivation of liberty and the reasons for the
deprivation of liberty or the crime or offense committed;
(d) The authority controlling the deprivation of liberty;
(e) The place of deprivation of liberty, the date and time of admission to the place
of deprivation of liberty and the authority responsible for the place of deprivation of
liberty;
(f) Records of physical, mental and psychological condition of the detained or
confined person before and after the deprivation of liberty and the name and
address of the physician who examined him or her physically, mentally and
medically;
(g) The date and time of release or transfer of the detained or confined person to
another place of detention, the destination and the authority responsible for the
transfer;
(h) The date and time of each removal of the detained or confined person from his
or her cell, the reason or purpose for such removal and the date and time of his or
her return to his or her cell;
(i) A summary of the physical, mental and medical findings of the detained or
confined person after each interrogation;
(j) The names and addresses of the persons who visit the detained or confined
person and the date and time of such visits and the date and time of each
departure;
(k) In the event of death during the deprivation of liberty, the identity, the
circumstances and cause of death of the victim as well as the destination of the
human remains; and
(l) All other important events bearing on and all relevant details regarding the
treatment of the detained or confined person.
Provided, That the details required under letters (a) to (f) shall be entered immediately in the
register upon arrest and/or detention.
All information contained in the register shall be regularly or upon request reported to the
CHR or any other agency of government tasked to monitor and protect human rights and
shall be made available to the public.
Section 11. Submission of List of Government Detention Facilities. Within six (6) months
from the effectivity of this Act and as may be requested by the CHR thereafter, all
government agencies concerned shall submit an updated inventory or list of all officially
recognized and controlled detention or confinement facilities, and the list of detainees or
persons deprived of liberty under their respective jurisdictions to the CHR.
Section 12. Immediate Issuance and Compliance of the Writs of Habeas Corpus, Amparo
and Habeas Data. All proceedings pertaining to the issuance of the writs of habeas
corpus, amparo and habeas data shall be dispensed with expeditiously. As such, all courts
and other concerned agencies of government shall give priority to such proceedings.
Moreover, any order issued or promulgated pursuant to such writs or their respective
proceedings shall be executed and complied with immediately.
Section 13. Visitation /Inspection of Places of Detention and, Confinement. The CHR or its
duly authorized representatives are hereby mandated and authorized to conduct regular,
independent, unannounced and unrestricted visits to or inspection of all places of detention
and confinement.
Section 14. Liability of Commanding Officer or Superior. - The immediate commanding
officer of the unit concerned of the AFP or the immediate senior official of the PNP and other
law enforcement agencies shall be held liable as a principal to the crime of enforced or
involuntary disappearance for acts committed by him or her that shall have led, assisted,
abetted or allowed, whether directly or indirectly, the commission thereof by his or her
subordinates. If such commanding officer has knowledge of or, owing to the circumstances
at the time, should have known that an enforced or involuntary disappearance is being
committed, or has been committed by subordinates or by others within the officers area of
responsibility and, despite such knowledge, did not take preventive or coercive action either
before, during or immediately after its commission, when he or she has the authority to
prevent or investigate allegations of enforced or involuntary disappearance but failed to
prevent or investigate such allegations, whether deliberately or due to negligence, shall also
be held liable as principal.
Section 15. Penal Provisions. (a) The penalty of reclusion perpetua and its accessory
penalties shall be imposed upon the following persons:
(1) Those who directly committed the act of enforced or involuntary disappearance;
(2) Those who directly forced, instigated, encouraged or induced others to commit
the act of enforced or involuntary disappearance;
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(3) Those who cooperated in the act of enforced or involuntary disappearance by
committing another act without which the act of enforced or involuntary
disappearance would not have been consummated;
(4) Those officials who allowed the act or abetted in the consummation of enforced
or involuntary disappearance when it is within their power to stop or uncover the
commission thereof; and
(5) Those who cooperated in the execution of the act of enforced or involuntary
disappearance by previous or simultaneous acts.
(b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon
those who shall commit the act of enforced or involuntary disappearance in the attempted
stage as provided for and defined under Article 6 of the Revised Penal Code.
(c) The penalty of reclusion temporal and its accessory penalties shall also be imposed
upon persons who, having knowledge of the act of enforced or involuntary disappearance
and without having participated therein, either as principals or accomplices, took part
subsequent to its commission in any of the following manner:
(1) By themselves profiting from or assisting the offender to profit from the effects
of the act of enforced or involuntary disappearance;
(2) By concealing the act of enforced or involuntary disappearance and/or
destroying the effects or instruments thereof in order to prevent its discovery; or
(3) By harboring, concealing or assisting in the escape of the principal/s in the act
of enforced or involuntary disappearance, provided such accessory acts are done
with the abuse of official functions.
(d) The penalty of prision correctional and its accessory penalties shall be imposed against
persons who defy, ignore or unduly delay compliance with any order duly issued or
promulgated pursuant to the writs of habeas corpus, amparo and habeas data or their
respective proceedings.
(e) The penalty of arresto mayor and its accessory penalties shall be imposed against any
person who shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act.
Section 16. Preventive Suspension/Summary Dismissal. Government officials and
personnel who are found to be perpetrators of or participants in any manner in the
commission of enforced or involuntary disappearance as a result of a preliminary
investigation conducted for that purpose shall be preventively suspended or summarily
dismissed from the service, depending on the strength of the evidence so presented and
gathered in the said preliminary investigation or as may be recommended by the
investigating authority.
Section 17. Civil Liability. The act of enforced or involuntary disappearance shall render its
perpetrators and the State agencies which organized, acquiesced in or tolerated such
disappearance liable under civil law.
Section 18. Independent Liability. The criminal liability of the offender under this Act shall
be independent of or without prejudice to the prosecution and conviction of the said offender
for any violation of Republic Act No. 7438, otherwise known as "An Act Defining Certain
Rights of Person Arrested, Detained or Under Custodial Investigation as well as the Duties
of the Arresting, Detaining, and Investigating Officers, and Providing Penalties for Violations
Thereof; Republic Act No. 9745, otherwise known as "An Act Penalizing Torture and Other
Cruel, Inhuman and Degrading Treatment or Punishment, and Prescribing Penalties
Therefor"; and applicable provisions of the Revised Penal Code.
Section 19. Nonexclusivity or Double Jeopardy Under International Law. Any
investigation, trial and decision in any Philippines court, or body for any violation of this Act
shall; be without prejudice to any investigation, trial, decision or any other legal or
administrative process before any appropriate international court or agency under applicable
international human rights and humanitarian law.
Section 20. Exemption from Prosecution. Any offender who volunteers information that
leads to the discovery of the victim of enforced or involuntary disappearance or the
prosecution of the offenders without the victim being found shall be exempt from any
criminal and/or civil liability under this Act: Provided, That said offender does not appear to
be the most guilty.
Section 21. Continuing Offense. An act constituting enforced or involuntary
disappearance shall be considered a continuing offense as long as the perpetrators
continue to conceal the fate and whereabouts of the disappeared person and such
circumstances have not been determined with certainty.
Section 22. Statue of Limitations Exemption. The prosecution of persons responsible for
enforced or involuntary disappearance shall not prescribe unless the victim surfaces alive.
In which case, the prescriptive period shall be twenty-five (25) years from the date of such
reappearance.
Section 23. Special Amnesty Law Exclusion. Persons who are changed with and/or guilty
of the act of enforced or involuntary disappearance shall not benefit from any special
amnesty law or other similar executive measures that shall exempt them from any penal
proceedings or sanctions.
Section 24. State Protection The State, through its appropriate agencies, shall ensure the
safety of all persons involved in the search, investigation and prosecution of enforced or
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involuntary disappearance including, but not limited to, the victims, their families,
complainants, witnesses, legal counsel and representatives of human rights organizations
and media. They shall likewise be protected from any intimidation or reprisal.
Section 25. Applicability of Refouler. No person shall be expelled, returned or extradited to
another State where there are substantial grounds to believe that such person shall be in
danger of being subjected to enforced or involuntary disappearance. For purposes of
determining whether such grounds exist, the Secretary of the Department, of Foreign Affairs
(DFA) and the Secretary of the Department of Justice (DOJ) in coordination with the
Chairperson of the CHR, shall take into account all relevant considerations including where
applicable and not limited to, the existence in the requesting State of a consistent pattern of
gross, flagrant or mass violations of human rights.
Section 26. Restitution and Compensation to Victims of Enforced or Involuntary
Disappearance and/or Their Immediate Relatives. The victims of enforced or involuntary
disappearance who surface alive shall be entitled to monetary compensation, rehabilitation
and restitution of honor and reputation. Such restitution of honor and reputation shall include
immediate expunging or rectification of any derogatory record, information or public
declaration/statement on his or her person, personal circumstances, status, and/or
organizational affiliation by the appropriate government or private agency or agencies
concerned.
The immediate relatives of a victim of enforced or involuntary disappearance, within the
fourth civil degree of consanguinity or affinity, may also claim for compensation as provided
for under Republic Act No. 7309, entitled "An Act Creating a Board of Claims under the
Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of
Violent Crimes and For Other Purposes", and other relief programs of the government.
The package of indemnification for both the victims and the immediate relatives within the
fourth civil degree of consanguinity or affinity shall be without prejudice to other legal
remedies that may be available to them.
Section 27. Rehabilitation of Victims and/or Their Immediate Relatives, and Offenders. In
order that the victims of enforced or involuntary disappearance who surfaced alive and/or
their immediate relatives within the fourth civil degree of consanguinity or affinity, may be
effectively reintegrated into the mainstream of society and in the process of development,
the State, through the CHR, in coordination with the Department of Health, the Department
of Social Welfare and Development (DSWD) and the concerned nongovernment
organization/s, shall provide them with appropriate medical care and rehabilitation free of
charge.
Toward the attainment of restorative justice, a parallel rehabilitation program for persons
who have committed enforced or involuntary disappearance shall likewise be implemented
without cost to such offenders.
Section 28. Implementing Rules and Regulations. Within thirty (30) days from the
effectivity of this Act, the DOJ, the DSWD, the CHR, the Families of Victims of Involuntary
Disappearance (FIND) and the Families of Desaparecidos for Justice (Desaparecidos), in
consultation with other human rights organizations, shall jointly promulgate the rules and
regulations for the effective implementation of this Act and shall ensure the full CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW
dissemination of the same to the public.
RA 9851
Section 29. Suppletory Applications. The applicable provisions of the Revised Penal
Code shall have suppletory application insofar as they are consistent with the provisions of
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL
this Act.
HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED
Section 30. Appropriations. The amount of Ten million pesos (P10,000,000.00) is hereby PURPOSES
appropriated for the initial implementation of this Act by the CHR. Subsequent fluids for the
continuing implementation of this Act shall be included in the respective budgets of the CHR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
and the DOJ in the annual General Appropriations Act.
assembled:

Section 31. Separability Clause. If for any reason, any section or provision of this Act is
CHAPTER I
declared unconstitutional or invalid, such other sections or provisions not affected thereby
INTRODUCTORY PROVISIONS
shall remain in full force and effect.

Section 1. Short Title. - This Act shall be known as the "Philippine Act on Crimes Against
Section 32. Repealing Clause. All laws, decrees, executive orders, rules and regulations
International Humanitarian Law, Genocide, and Other Crimes Against Humanity".
and other issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
Section 2. Declaration of Principles and State Policies. -
Section 33. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation or the Official (a) The Philippines renounces war as an instrument of national policy, adopts the
Gazette, which shall not be later than seven (7) days after the approval thereof. generally accepted principles of international law as part of the law of the land and
adheres to a policy of peace, equality, justice, freedom, cooperation and amity with
all nations.

(b) The state values the dignity of every human person and guarantees full respect
for human rights, including the rights of indigenous cultural communities and other
vulnerable groups, such as women and children;

(c) It shall be the responsibility of the State and all other sectors concerned to
resolved armed conflict in order to promote the goal of "Children as Zones of
Peace";

(d) The state adopts the generally accepted principles of international law,
including the Hague Conventions of 1907, the Geneva Conventions on the
protection of victims of war and international humanitarian law, as part of the law
our nation;

(e) The most serious crimes of concern to the international community as a whole
must not go unpunished and their effective prosecution must be ensured by taking
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 measures at the national level, in order to put an end to impunity for the
perpetrators of these crimes and thus contribute to the prevention of such crimes, it
being the duty of every State to exercise its criminal jurisdiction over those
responsible for international crimes;
(f) The State shall guarantee persons suspected or accused of having committed
grave crimes under international law all rights necessary to ensure that their trial
will be fair and prompt in strict accordance with national and international law and
standards for fair trial, It shall also protect victims, witnesses and their families, and
provide appropriate redress to victims and their families, It shall ensure that the
legal systems in place provide accessible and gender-sensitive avenues of redress
for victims of armed conflict, and
(g)The State recognizes that the application of the provisions of this Act shall not
affect the legal status of the parties to a conflict, nor give an implied recognition of
the status of belligerency
CHAPTER II
DEFINITION OF TERMS
Section 3. For purposes of this Act, the term:
(a) "Apartheid' means inhumane acts committed in the context of an
institutionalized regime of systematic oppression and domination by one racial
group or groups and committed with the intention of maintaining that regime
(b) "Arbitrary deportation or forcible transfer of population" means forced
displacement of the persons concerned by expultion by expulsion or other coercive
acts from the area in which they are lawfully present, without grounds permitted
under domestic or international law.
(c) "Armed conflict" means any use of force or armed violence between States or a
protracted armed violence between governmental authorities and organized armed
groups or between such groups within that State: Provided, That such force or
armed violence gives rise, or may give rise, to a situation to which the Geneva
Conventions of 12 August 1949, including their common Article 3, apply. Armed
conflict may be international, that is, between two (2) or more States, including
belligerent occupation; or non-international, that is, between governmental
authorities and organized armed groups or between such groups within a state. It
does not cover internal disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar nature.
(d) "Armed forces" means all organized armed forces, groups and units that belong
to a party to an armed conflict which are under a command responsible to that
party for the conduct of its subordinates. Such armed forces shall be subject to an
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internal disciplinary system which enforces compliance with International
Humanitarian Law
(e) "Attack directed against any civilian population" means a course of conduct
involving the multiple commission of acts referred to in Section 6 of this Act against
any civilian population, pursuant to or in furtherance of a State or organizational
policy to commit such attack.
(f) "Effective command and control" or " effective authority and control" means
having the material ability to prevent and punish the commission of offenses by
subordinates.
(g) "Enforced or involuntary disappearance of persons" means the arrest,
detention, or abduction of persons by, or with the authorization support or
acquiescence of, a State or a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give information on the fate or
whereabouts of those persons, with the intention of removing from the protection of
the law for a prolonged period of time
(h) "Enslavement" means the exercise of any or all of the powers attaching to the
right of ownership over a person and includes the exercise of such power in the
course of trafficking in persons, in particular women and children.
(i) "Extermination" means the international infliction of conditions of life, inter alia,
the deprivation of access to food and medicine, calculated to bring about the
destruction of a part of a population.
(j) " Forced pregnancy" means the unlawful confinement of a women to be forcibly
made pregnant, with the intent of affecting the ethnic composition of any population
carrying out other grave violations of international law.
(k) "Hors de Combat" means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3) has been rendered unconscious or otherwise incapacitated by wounds
or sickness and therefore is incapable of defending himself: Provided, that
in any of these cases, the person form any hostile act and does not
attempt to escape.
 (l) "Military necessity" means the necessity of employing measures which are
indispensable to achieve a legitimate aim of the conflict and are not otherwise
prohibited by International Humanitarian Law
(m) "Non-defended locality" means a locality that fulfills the following conditions:
(1) all combatants, as well as mobile weapons and mobile military
equipment, must have been evacuated;
(2) no hostile use of fixed military installations or establishments must
have been made;
(3) no acts of hostility must have been committed by the authorities or by
the population; and
(4) no activities in support of military operations, must have been
undertaken.
(n) "No quarter will be given' means refusing to spare the life of anybody, even of
persons manifestly unable to defend themselves or who clearly express their
intention to surrender.
(o) "Perfidy" means acts which invite the confidence of an adversary to lead
him/her to believe he/she is entitled to, or is obliged to accord, protection under the
rules of International Humanitarian Law, with the intent to betray that confidence,
including but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(5) feigning protective status by use of signs, emblems or uniforms of the
United Nations or of a neutral or other State not party to the conflict.
(p) "Persecution" means the international and severe deprivation of fundamental
rights contrary to international law by reason of identity of the group or collectivity.
(q) "Protect person" in an armed conflict means:
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(1) a person wounded, sick or shipwrecked, whether civilian or military;
(2) a prisoner of war or any person deprived of liberty for reasons related
to an armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to
take part in the hostilities in the power of the adverse party;
(4) a person who, before the beginning of hostilities, was considered a
stateless person or refugee under the relevant international instruments
accepted by the parties to the conflict concerned or under the national
legislation of the state of refuge or state of residence;
(5) a member of the medical personnel assigned exclusively to medical
purposes or to the administration of medical units or to the operation of or
administration of medical transports; or
(6) a member of the religious personnel who is exclusively engaged in the
work of their ministry and attached to the armed forces of a party to the
conflict, its medical units or medical transports, or non-denominational,
noncombatant military personnel carrying out functions similar to religious
personnel.
(r) " Superior" means:
(1) a military commander or a person effectively acting as a military
commander; or
(2) any other superior, in as much as the crimes arose from activities
within the effective authority and control of that superior.
(s) "Torture" means the intentional infliction of severe pain or suffering, whether
physical, mental, or psychological, upon a person in the custody or under the
control of the accused; except that torture shall not include pain or suffering arising
only from, inherent in or incidental to, lawful sanctions.
(t) "Works and installations containing dangerous forces" means works and
installations the attack of which may cause the release of dangerous forces and
consequent severe losses among the civilian population, namely: dams, dikes, and
nuclear, electrical generation stations.
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against
Interntional Human Humanitarian Law" means:
(a) In case of an international armed conflict , grave breaches of the Geneva
Conventions of 12 August 1949, namely, any of the following acts against persons
or property protected under provisions of the relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by
military necessity and carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the
rights of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful
confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or other protected person to
serve in the forces of a hostile power; and
(9) Unjustifiable delay in the repatriation of prisoners of war or other
protected persons.
(b) In case of a non-international armed conflict, serious violations of common
Article 3 to the four (4) Geneva Conventions of 12 August 1949, namely , any of
the following acts committed against persons taking no active part in the hostilities,
including member of the armed forces who have laid down their arms and those
placed hors de combat by sickness, wounds, detention or any other cause;
(1) Violence to life and person, in particular, willful killings, mutilation,
cruel treatment and torture;
(2) Committing outrages upon personal dignity, in particular, humiliating
and degrading treatment;
(3) Taking of hostages; and
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(4) The passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court, affording
all judicial guarantees which are generally recognized as indispensable.
(c) Other serious violations of the laws and customs applicable in armed conflict,
within the established framework of international law, namely:
(1) Internationally directing attacks against the civilian population as such
or against individual civilians not taking direct part in hostilities;
(2) Intentionally directing attacks against civilian objects, that is, object
which are not military objectives;
(3) Intentionally directing attacks against buildings, material, medical units
and transport, and personnel using the distinctive emblems of the Geneva
Conventions or Additional Protocol III in conformity with intentional law;
(4) Intentionally directing attacks against personnel, installations, material,
units or vehicles involved in a humanitarian assistance or peacekeeping
mission in accordance with the Charter of the United Nations, as ling as
they are entitled to the protection given to civilians or civilian objects
under the international law of armed conflict;
(5) Launching an attack in the knowledge that such attack will cause
incidental loss of life or injury to civilians or damage to civilian objects or
widespread, long-term and severe damage to the natural environment
which would be excessive in relation to the concrete and direct military
advantage anticipated;
(6) Launching an attack against works or installations containing
dangerous forces in the knowledge that such attack will cause excessive
loss of life, injury to civilians or damage to civilian objects, and causing
death or serious injury to body or health .
(7) Attacking or bombarding, by whatever means, towns, villages,
dwellings or buildings which are undefended and which are not military
objectives, or making non-defended localities or demilitarized zones the
object of attack;
(8) Killing or wounding a person in the knowledge that he/she is hors de
combat, including a combatant who, having laid down his/her arms or no
longer having means of defense, has surrendered at discretion;
 (9) Making improper use of a flag of truce, of the flag or the military
insignia and uniform of the enemy or of the United Nations, as well as of
the distinctive emblems of the Geneva Conventions or other protective
signs under International Humanitarian Law, resulting in death, serious
personal injury or capture;
(10) Intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, historic monuments,
hospitals and places where the sick and wounded are collected, provided
they are not military objectives. In case of doubt whether such building or
place has been used to make an effective contribution to military action, it
shall be presumed not to be so used;
(11) Subjecting persons who are in the power of an adverse party to
physical mutilation or to medical or scientific experiments of any kind, or
to removal of tissue or organs for transplantation, which are neither
justified by the medical, dental or hospital treatment of the person
concerned nor carried out in his/her interest, and which cause death to or
seriously endanger the health of such person or persons;
(12) Killing, wounding or capturing an adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's property unless such destruction
or seizure is imperatively demanded by the necessities of war;
(15) Pillaging a town or place, even when taken by assault;
(16) Ordering the displacements of the civilian population for reasons
related to the conflict, unless the security of the civilians involved or
imperative military reasons so demand;
(17) Transferring, directly or indirectly, by the occupying power of parts of
its own civilian population into the territory it occupies, or the deportation
or transfer of all or parts of the population of the occupied territory within
or outside this territory;
(18) Commiting outrages upon personal dignity, in particular, humiliating
and degrading treatments;
(19) Commiting rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual violence
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also constituting a grave breach of the Geneva Conventions or a serious
violation of common Article 3 to the Geneva Convensions;
(20) Utilizing the presence of a civilian or other protected person to render
certain points, areas or military forces immune from military operations;
(21) Intentionally using starvation of civilians as a method of warfare by
depriving them of objects indespensable to their survival, including willfully
impeding relief supplies as provided for under the Geneva Conventions
and their Additional Protocols;
(22) In an international armed conflict, compelling the nationals of the
hostile party to take part in the operations of war directed against their
own country, even if they were in the belligerent's service before the
commencement of the war;
(23) In an international armed conflict, declaring abolished, suspended or
inadmissible in a court of law the rights and actions of the nationals of the
hostile party;
(24) Commiting any of the following acts:
(i) Conscripting, enlisting or recruiting children under the age of
fifteen (15) years into the national armed forces;
(ii) Conscripting, enlisting or recruiting children under the age of
eighteen (18) years into an armed force or group other than the
national armed forces; and
(iii) Using children under the age of eighteen (18) years to
participate actively in hostilities; and
(25) Employing means of warfare which are prohibited under international
law, such as:
(i) Poison or poisoned weapons;
(ii) Asphyxiating, poisonous or other gases, and all analogous
liquids, materials or devices;
(iii) Bullets which expand or flatten easily in the human body,
such as bullets with hard envelopes which do not entirely cover
the core or are pierced with incisions; and
 (iv) Weapons, projectiles and material and methods of warfare
which are of the nature to cause superfluous injury or
unecessary suffering or which are inherently indiscriminate in
violation of the international law of armed conflict.
Any person found guilty of commiting any of the acts specified herein shall suffer
the penalty provided under Section 7 of this Act.
Section 5. Genocide - (a) For the purpose of this Act, "genocide" means any of the
following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious,
social or any other similar stable and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
(b) It shall be unlawful for any person to directly and publicly incite others to commit
genocide.
Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of
this section shall suffer the penalty provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other crimes
against humanity" means any of the following acts when committed as part of a widespread
or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of
fundamental rules of international law;
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(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial,
national, ethnic, cultural, religious, gender, sexual orientation or other grounds that
are universally recognized as impermissible under international law, in connection
with any act referred to in this paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar character intentionally causing great suffering,
or serious injury to body or to mental or physical health.
Any person found guilty of committing any of the acts specified herein shall suffer the
penalty provided under Section 7 of this Act.
CHAPTER IV
PENAL PROVISIONS
Section 7. Penalties. - Any person found guilty of committing any of the acts provided under
Sections 4, 5 and 6 of this Act shall suffer the penalty of reclusion temporal in its medium to
maximum period and a fine ranging from One hundred thousand pesos (Php 100,000.00) to
Five hundred thousand pesos (Php 500,000.00).
When justified by the extreme gravity of the crime, especially where the commision of any of
the crimes specified herein results in death or serious physical injury, or constitutes rape,
and considering the individual circumstances of the accused, the penalty of reclusion
perpetua and a fine ranging from Five hundred thousand pesos (Php 500,000.00) to One
million pesos (Php 1,000,000.00) shall be imposed.
Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of
this Act shall suffer the penalty of prision mayor in its minimum period and a fine ranging
from Ten thousand pesos (Php 10,000.00) to Twenty thousand pesos (Php 20,000.00).
In addition, the court shall order the forfeiture of proceeds, property and assets derived,
directly or indirectly, from that crime, without prejudice to the rights of bona fide third (3rd)
parties. The court shall also impose the corresponding accessory penalties under the
Revised Penal Code, especially where the offender is a public officer.
 CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 8. Individual Criminal Responsibilities. - (a) In addition to existing provisions in
Philippine law on principles of criminal responsibility, a person shall be criminally liable as
principal for a crime defined and penalized in this Act if he/she:
(1) Commits such a crime, whether as an individual, jointly with another or
through another person, regardless of whether that other person is
criminally responsible;
(2) Orders, solicits or induces the commission of such a crime which in
fact occurs or is attempted;
(3) In any other way contributes to the commission or attempted
commission of such a crime by a group of person acting with a common
purpose. Such contribution shall be intentional and shall either:
(i) be made with the aim of furthering the criminal activity or
criminal purpose of the group, where such activity or purpose
involves the commission of a crime defined in this Act; or
(ii) be made in the knowledge of the intention of the group to
commit the crime.
(b) A person shall be criminally liable as accomplice for facilitating the commission
of a crime defined and penalized in this Act if he/she aids, abets or otherwise
assists in its commission or attempted commission, including providing the means
for its commission.
(c) A person shall be criminally liable for a crime defined and penalized in this Act if
he/she attempts to commit such a crime by taking action that commences its
execution by means of a substantial step, but the crime does not occur because of
circumstances independent of the person's intention. However, a person who
abandons the effort to commit the crime or otherwise prevents the completion of
the crime shall not be liable for punishment under this Act for the attempt to commit
the same if he/she completely and voluntarily gave up the criminal purpose.
Section 9. Irrelevance of Official Capacity. - This Act shall apply equally to all persons
without any distinction based on official capacity. In particular, official capacity as a head of
state or government, a member of a government or parliament, an elected representative or
a government official shall in no case exempt a person from criminal responsibility under
this Act, nor shall it, in and of itself, constitute a ground for reduction of sentence. However:
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(a) Immunities or special procedural rules that may be attached to the official
capacity of a person under Philippine law other than the established constitutional
immunity from suit of the Philippine President during his/her tenure, shall not bar
the court from exercising jurisdiction over such a person; and
(b) Immunities that may be attached to the official capacity of a person under
international law may limit the application of this Act, nut only within the bounds
established under international law.
Section 10. Responsibility of Superiors. - In addition to other grounds of criminal
responsibility for crimes defined and penalized under this Act, a superior shall be criminally
responsible as a principal for such crimes committed by subordinates under his/her effective
command and control, or effective authority and control as the case may be, as a result of
his/her failure to properly exercise control over such subordinates, where:
(a) That superior either knew or, owing to the circumstances at the time, should
have known that the subordinates were committing or about to commit such
crimes;
(b) That superior failed to take all necessary and reasonable measures within
his/her power to prevent or repress their commission or to submit the matter to the
competent authorities for investigation and prosecution.
Section 11. Non-prescription. - The crimes defined and penalized under this Act, their
prosecution, and the execution of sentences imposed on their account, shall not be subject
to any prescription.
Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this
Act has been committed by a person pursuant to an order of a government or a superior,
whether military or civilian, shall not relieve that person of criminal responsibility unless all of
the following elements occur:
(a) The person was under a legal obligation to obey orders of the government or
the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other crimes against
humanity are manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in (b) The court may make an order directly against a convicted person specifying
Philippine law for the protection of victims and witnesses, the following measures shall be appropriate reparations to, or in respect of, victims, including restitution,
undertaken: compensation and rehabilitation; and

(a) The Philippine court shall take appropriate measures to protect the safety, (c) Before making an order under this section, the court may invite and shall take
physical and physiological well-being, dignity and privacy of victims and witnesses. account of representations from or on behalf of the convicted person, victims or
In so doing, the court shall have regard of all relevant factors, including age, other interested persons.
gender and health, and the nature of the crime, in particular, but not limited to,
where the crime involves sexual or gender violence or violence against children. Nothing in this section shall be interpreted as prejudicing the rights of victims under national
The prosecutor shall take such measures particularly during the investigation and or international law.
prosecution of such crimes. These measures shall not be prejudicial to or
inconsistent with the rights of the accused and to a fair and impartial trial;
CHAPTER VII
Applicability of International Law and Other Laws
(b) As an exception to the general principle of public hearings, the court may, to
protect the victims and witnesses or an accused, conduct any part of the
proceedings in camera or allow the presentation of evidence by electronic or other Section 15. Applicability of International Law.- In the application and interpretation of this
special means. In particular, such measures shall be implemented in the case of Act, Philippine courts shall be guided by the following sources:
the victim of sexual violence or a child who is a victim or is a witness, unless
otherwise ordered by the court, having regard to all the circumstances, particularly (a) The 1948 Genocide Convention;
the views of the victim or witness;
(b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and
(c) Where the personal interests of the victims are affected, the court shall permit their 2005 Additional Protocol III;
their views and concerns to be presented and considered at stages of the
proceedings determined to be appropriate by the court in manner which is not (c) The 1954 Hague Convention for the Protection of Cultural Property in the Event
prejudicial to or inconsistent with the rights of the accused and a fair and impartial of Armed Conflict, its First Protocol and its 1999 Second Protocol;
trial. Such views and concerns may be presented by the legal representatives of
the victims where the court considers it appropriate in accordance with the
established rules of procedure and evidence; and (d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol
on the Involvement of Children in Armed Conflict;
(d) Where the disclosure of evidence or information pursuant to this Act may lead
to the grave endangerment of the security of a witness for his/her family, the (e) The rules and principles of customary international law;
prosecution may, for the purposes of any proceedings conducted prior to the
commencement of the trial, withhold such evidence or information and instead (f) The judicial decisions of international courts and tribunals;
submit a summary thereof. Such measures shall be exercised in a manner which is
not prejudicial to or inconsistent with the rights of the accused and to a fair and
(g) Relevant and applicable international human rights instruments;
impartial trial.

(h) Other relevant international treaties and conventions ratified or acceded to by

Section 14. Reparations to Victims. - In addition to existing provisions in Philippine law and
the Republic of the Philippines; and
procedural rules for reparations to victims, the following measures shall be undertaken:

(i) Teachings of the most highly qualified publicists and authoritative commentaries
(a) The court shall follow the principles relating to the reparations to, or in respect
on the foregoing sources as subsidiary means for the determination of rules of
of, victims,including restitution, compensation and rehabilitation. On this basis, in
international law.
its decision, the court may, wither upon request or on its own motion in exceptional
circumstances, determine the scope and extent of any damage, loss and injury to,
or in respect of, victims and state the principles on which it is acting;1avvphi1

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Section 16. Suppletory Application of the Revised Penal Code and Other General or
Special Laws. - The provisions of the Revised Penal Code and other general or special laws
shall have a suppletory application to the provisions of this Act.
CHAPTER VII
JURISDICTION
Section 17. Jurisdiction.- The State shall exercise jurisdiction over persons, whether military
or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of
where the crime is committed, provided, any one of the following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the
Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the
investigation or prosecution of a crime punishable under this Act if another court or
international tribunal is already conducting the investigation or undertaking the prosecution
of such crime. Instead, the authorities may surrender or extradite suspected or accused
persons in the Philippines to the appropriate international court, if any, or to another State
pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of
having committed the crimes defined and penalized in this Act if they have been tried by a
competent court outside the Philippines in respect of the same offense and acquitted, or
having been convicted, already served their sentence.
Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of
the Philippines shall have original and exclusive jurisdiction over the crimes punishable
under this Act. Their judgments may be appealed or elevated to the Court of Appeals and to
the Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable
under this Act. For these cases, the Commission on Human Rights, the Department of
Justice, the Philippine National Police or other concerned law enforcement agencies shall
designate prosecutors or investigators as the case may be.
The State shall ensure that judges, prosecutors and investigators, especially those
designated for purposes of this Act, receive effective training in human rights, International
Humanitarian Law and International Criminal Law.
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DECRIMINALIZATION OF VAGRANCY
RA 10158
AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE
202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Article 202 of the Revised Penal Code is hereby, amended to read as follows:
"Article 202. Prostitutes; Penalty. For the purposes of this article, women who, for money
or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be
prostitutes.
"Any person found guilty of any of the offenses covered by this article shall be punished by
arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto
mayor in its medium period to prision correctional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the court."
Section 2. Effect on Pending Cases. All pending cases under the provisions of Article 202
of the Revised Penal Code on Vagrancy prior to its amendment by this Act shall be
dismissed upon effectivity of this Act.
Section 3. Immediate Release of Convicted Persons. All persons serving sentence for
violation of the provisions of Article 202 of the Revised Penal Code on Vagrancy prior to its
amendment by this Act shall be immediately released upon effectivity of this Act: Provided,
That they are not serving sentence or detained for any other offense or felony.
Section 4. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, inconsistent with this Act are hereby
repealed, modified or amended accordingly.
Section 5. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013
RA 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL,
DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
Section 1. Short Title. This Act shall be known as the "Anti-Drunk and Drugged Driving
Act of 2013.
Section 2. Declaration of Policy. Pursuant to the Constitutional principle that recognizes
the protection of life and property and the promotion of the general welfare as essential for
the enjoyment of the blessing of democracy, it is hereby declared the policy of the State to
ensure road safety through the observance of the citizenry of responsible and ethical driving
standards.
Towards this end, the State shall penalize the acts of driving under the influence of alcohol,
dangerous drugs and other intoxicating substances and shall inculcate the standards of safe
driving and the benefits that may be derived from it through institutional programs and
appropriate public information strategies.
Section 3. Definition of Terms. For purposes of this Act:
(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled
spirits, the consumption of which produces intoxication.
(b) Breath analyzer refers to the equipment which can determine the blood alcohol
concentration level of a person through testing of his breath.
(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the
blood alcohol concentration level and/or positive indication of dangerous drugs and
similar substances in a persons body.
(d) Dangerous drugs and other similar substances refer to drugs listed in the
schedules annexed to the 1961 Single Convention on Narcotics Drugs, as
amended by the 1972 Protocol, and in the schedules annexed to the 1971 Single
Convention of Psychotropic Substances as enumerated in its attachment which is
an integral part of Republic Act No. 9165, otherwise known as the "Comprehensive
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Dangerous Drugs Act of 2002 and those that the Board may reclassify, add to or
remove from the list of dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of operating a motor
vehicle while the drivers blood alcohol concentration level has, after being
subjected to a breath analyzer test, reached the level of intoxication, as established
jointly by the Department of Health (DOH), the National Police Commission
(NAPOLCOM) and the Department of Transportation and Communications
(DOTC).
(f) Driving under the influence of dangerous drugs and other similar
substances refers to the act of operating a motor vehicle while the driver, after
being subjected to a confirmatory test as mandated under Republic Act No. 9165,
is found to be positive for use of any dangerous drug.
(g) Field sobriety tests refer to standardized tests to initially assess and determine
intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one-leg
stand, and other similar tests as determined jointly by the DOH, the NAPOLCOM
and the DOTC.
(h) Motor vehicle refers to any land transportation vehicle propelled by any power
other than muscular power.
(i) Motor vehicles designed to carry hazardous materials refer to those designed to
carry or transport materials which may endanger health and lives of the public.
(j) Public utility vehicles refer to motor vehicles for hire and used to carry or
transport passengers or goods.
Section 4. Drivers Education. Every applicant for a motor vehicle drivers license shall
complete a course of instruction that provides information on safe driving including, but not
limited to, the effects of the consumption of alcoholic beverages on the ability of a person to
operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous
drugs and/or other similar substances, and the penalties attached for violation thereof.
For professional drivers, every applicant for a drivers license or those applying for renewal
thereof shall undergo the drivers education herein stated.
The drivers license written examination shall include questions concerning the effects of
alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the
legal and pecuniary consequences resulting from violation of the provisions of this Act.
Section 5. Punishable Act. It shall be unlawful for any person to drive a motor vehicle
while under the influence of alcohol, dangerous drugs and/or other similar substances.
Section 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. A law
enforcement officer who has probable cause to believe that a person is driving under the
influence of alcohol, dangerous drugs and/or other similar substances by apparent
indications and manifestations, including overspeeding, weaving, lane straddling, sudden
stops, swerving, poor coordination or the evident smell of alcohol in a persons breath or
signs of use of dangerous drugs and other similar substances, shall conduct field sobriety
tests.
If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to
implement the mandatory determination of the drivers blood alcohol concentration level
through the use of a breath analyzer or similar measuring instrument.
If the law enforcement officer has probable cause to believe that a person is driving under
the influence of dangerous drugs and/or other similar substances, it shall be the duty of the
law enforcement officer to bring the driver to the nearest police station to be subjected to a
drug screening test and, if necessary, a drug confirmatory test as mandated under Republic
Act No. 9165.
Law enforcement officers and deputized local traffic enforcement officers shall be
responsible in implementing this section.
Section 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular
Accidents. A driver of a motor vehicle involved in a vehicular accident resulting in the loss
of human life or physical injuries shall be subjected to chemical tests, including a drug
screening test and, if necessary, a drug confirmatory test as mandated under Republic Act
No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs
and/or similar substances in the bloodstream or body.
Section 8. Refusal to Subject Oneself to Mandatory Tests. A driver of a motor vehicle who
refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15
of this Act shall be penalized by the confiscation and automatic revocation of his or her
drivers license, in addition to other penalties provided herein and/or other pertinent laws.
Section 9. Acquisition of Equipment. Within four (4) months from the effectivity of this Act,
the Land Transportation Office (LTO) and the Philippine National Police (PNP) shall acquire
sufficient breath analyzers and drug-testing kits to be utilized by law enforcement officers
and deputized local traffic enforcement officers nationwide giving priority to areas with high
reported occurrences of accidents. For purposes of acquiring these equipment and for the
training seminars indicated in Section 10 hereof, the LTO shall utilize the Special Road
Safety Fund allotted for this purpose as provided under Section 7 of Republic Act No. 8794,
entitled: "An Act Imposing a Motor Vehicle Users Charge on Owners of All Types of Motor
Vehicles and for Other Purposes". Additional yearly appropriations for the purchase of
breath analyzers and drug-testing kits shall be provided annually under the General
Appropriations Act.
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Section 10. Deputation. The LTO may deputize traffic enforcement officers of the PNP,
the Metropolitan Manila Development Authority (MMDA) and cities and municipalities in
order to enforce the provisions of this Act.
Section 11. Law Enforcement Officer Education. The LTO and the PNP shall conduct
training seminars for their law enforcers and deputies with regard to the proper conduct of
field sobriety tests and breath analyzer tests every year. Within four (4) months from the
effectivity of this Act, the LTO shall publish the guidelines and procedures for the proper
conduct of field sobriety tests, which guidelines shall be made available to the public and
made available for download through the official LTO website.
Section 12. Penalties. A driver found to have been driving a motor vehicle while under the
influence of alcohol, dangerous drugs and/or other similar substances, as provided for under
Section 5 of this Act, shall be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries or homicide, the
penalty of three (3) months imprisonment, and a fine ranging from Twenty
thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be
imposed;
(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in
Article 263 of the Revised Penal Code or the penalty provided in the next
preceding subparagraph, whichever is higher, and a fine ranging from One
hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos
(Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article
249 of the Revised Penal Code and a fine ranging from Three hundred thousand
pesos (Php300,000.00) to Five hundred thousand pesos (Php500,000.00) shall be
imposed; and
(d) The nonprofessional drivers license of any person found to have violated
Section 5 of this Act shall also be confiscated and suspended for a period of twelve
(12) months for the first conviction and perpetually revoked for the second
conviction. The professional drivers license of any person found to have violated
Section 5 of this Act shall also be confiscated and perpetually revoked for the first
conviction. The perpetual revocation of a drivers license shall disqualify the person
from being granted any kind of drivers license thereafter.
The prosecution for any violation of this Act shall be without prejudice to criminal
prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and other
special laws and existing local ordinances, whenever applicable.
Section 13. Direct Liability of Operator and/or Owner of the Offending Vehicle. The owner
and/or operator of the vehicle driven by the offender shall be directly and principally held
liable together with the offender for the fine and the award against the offender for civil
damages unless he or she is able to convincingly prove that he or she has exercised
extraordinary diligence in the selection and supervision of his or her drivers in general and
the offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility vehicles
and commercial vehicles such as delivery vans, cargo trucks, container trucks, school and
company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.

Section 14. Nationwide Information Campaign. Within one (1) month from the
promulgation of the implementing rules and regulations as provided under Section 17
hereof, the Philippine Information Agency (PIA), in coordination with the LTO, the local
government units (LGUs) and other concerned agencies, shall conduct information,
education and communication (IEC) campaign for the attainment of the objectives of this
Act.

Section 15. Nationwide Random Terminal Inspection and Quick Random Drug Tests. The
LTO shall conduct random terminal inspections and quick random drug tests of public utility
drivers. The cost of such tests shall be defrayed by the LTO.

Section 16. Review of Penalties. The LTO shall, after five (5) years from the effectivity of
this Act and every five (5) years thereafter, review the applicability and enforcement of all
foregoing pecuniary penalties and shall initiate amendment and/or upgrade the same as
may be necessary, subject to the approval of the Secretary of the DOTC.1wphi1

Section 17. Implementing Rules and Regulations. The DOTC, the DOH and the
NAPOLCOM shall, within three (3) months from the effectivity of this Act, jointly promulgate
the necessary implementing rules and regulations to carry out the provisions of this Act.

Section 18. Separability Clause. If, for any reason, any part or provision of this Act is
declared invalid, such declaration shall not affect the other provisions of this Act.

Section 19. Repealing Clause. Subparagraph (f), Section 56, Article 1 of Republic Act No.
4136, otherwise known as the "Land Transportation and Traffic Code", as amended;
subparagraph (f), Section 5 of Republic Act No. 7924, otherwise known as "An Act Creating
the Metropolitan Manila Development Authority, Defining its Powers and Functions,
Providing Funds Therefor and for Other Purposes;" subparagraph (a), Section 36 of
Republic Act No. 9165; and all other laws, orders, issuances, circulars, rules and regulations
or parts thereof which are inconsistent with any provision of this Act are hereby repealed or
modified accordingly.

Section 20. Effectivity. This Act shall take effect after fifteen (15) days from its publication
in the Official Gazette or in two (2) national newspapers of general circulation.

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