SPECIAL PENAL LAWS

Bar 2019
By: MQTuazon

1. Anti-Arson Law (Secs. 1 to 5, PD 1613, as amended by PD 1744)

PD 1613

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by
Prision Mayor.

The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Sec. 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion
Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored. 
2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services. 
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property
5. Any building where evidence is kept for use in any legislative, judicial, administrative or
other official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Sec. 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest; 
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse. 

Sec. 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be
imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
4. If committed by a syndicate.

The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or
more persons.

Sec. 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death shall be imposed.
PD 1744

Section 1. Article 320 of the Revised Penal Code shall read as follows:

“Article 320 Destructive Arson. The penalty of reclusion temporal in its maximum period to death
shall be imposed upon any person who shall burn: 

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as result
of simultaneous burnings, or committed on several or different occasions;
2. Any building of public or private ownership, devoted to the use of the public in general, or
where people usually gather or congregated for a definite purpose such as but not limited to
official governmental function or business, private transaction, commerce, trade, worship,
meetings and conferences, or merely incidental to a definite purpose such as but not limited
to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of
whether the offender had knowledge that there are persons in said building or edifice at the
time it is set on fire, and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or
convenience, or public use, entertainment or leisure. 
4. Any building, factory, warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.
5. Any building, the burning of which is for the purpose of concealing or destroying evidence of
another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors
or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more
persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy
the building or the edifice, or the burning merely constitutes an overt act in the commission or
another violation of law. 

The penalty of reclusion temporal in its maximum period to death shall also be imposed upon any
person who shall burn:

(a) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance
storehouse, archives or general museum of the government.
(b) In an inhabited place, any storehouse or factory of inflammable or explosive
materials.

If as a consequence of the commission of any of the acts penalized under this Article, death or
injury results, or any valuable documents, equipment, machineries, apparatus, or other valuable
properties were burned or destroyed, the mandatory penalty of death shall be imposed.”

2. Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4, and 5, RA 9775)

Section 3. Definition of Terms. –

(a) “Child” refers to a person below eighteen (18) years of age or over, but is unable to
fully take care of himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
1) a person regardless of age who is presented, depicted or portrayed as a
child as defined herein; and
2) computer-generated, digitally or manually crafted images or graphics of a
person who is represented or who is made to appear to be a child as
 defined herein.
(b) “Child pornography” refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in real or simulated explicit sexual
activities.

(c) “Explicit Sexual Activity” includes actual or simulated –

1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to,
contact involving genital to genital, oral to genital, anal to genital, or
oral to anal, whether between persons of the same or opposite sex;
2) bestiality;
3) masturbation;
4) sadistic or masochistic abuse;
5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or
anus; or
6) use of any object or instrument for lascivious acts

(d) “Internet address” refers to a website, bulletin board service, internet chat room or
news group, or any other internet or shared network protocol address.
(e) “Internet cafe or kiosk” refers to an establishment that offers or proposes to offer
services to the public for the use of its computer/s or computer system for the
purpose of accessing the internet, computer games or related services.
(f) “Internet content host” refers to a person who hosts or who proposes to host
internet content in the Philippines.
(g) “Internet service provider (ISP)” refers to a person or entity that supplies or
proposes to supply, an internet carriage service to the public.
(h) “Grooming” refers to the act of preparing a child or someone who the offender
believes to be a child for sexual activity or sexual relationship by communicating
any form of child pornography. It includes online enticement or enticement through
any other means.
(i) “Luring” refers to the act of communicating, by means of a computer system, with
a child or someone who the offender believes to be a child for the purpose of
facilitating the commission of sexual activity or production of any form of child
pornography.
(j) “Pandering” refers to the act of offering, advertising, promoting, representing or
distributing through any means any material or purported material that is intended
to cause another to believe that the material or purported material contains any
form of child pornography, regardless of the actual content of the material or
purported material.
(k) “Person” refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import
any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided, That possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography;
 (g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by
a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with
one another and shall be punished under Section 15(a) of this Act.

3. Anti-Fencing Law of 1979 (Secs. 2 and 5, PD 1612)

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

(a) “Fencing” is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item, object or anything of value which he knows, or
should be known to him, to have been derived from the proceeds of the crime of robbery or
theft. 
(b) “Fence” includes any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing.

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

4. Anti-Graft and Corrupt Practices Act (Sec. 3, RA 3019, as amended)

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful: 

(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense
in connection with the official duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or offense. 
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction
between the Government and any other party, wherein the public officer in his official
capacity has to intervene under the law. 
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer, in
any manner or capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help given or to be given, without
prejudice to Section thirteen of this Act. 
(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one
year after its termination. 
(e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
 administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other
concessions. 
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party. 
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will
profit thereby. 
(h) Directly or indirectly having financial or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or
in which he is prohibited by the Constitution or by any law from having any interest. 
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest
in any transaction or act requiring the approval of a board, panel or group of which he is a
member, and which exercises discretion in such approval, even if he votes against the
same or does not participate in the action of the board, committee, panel or group. 
Interest for personal gain shall be presumed against those public officers responsible for
the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong. 
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or
advantage, or of a mere representative or dummy of one who is not so qualified or
entitled. 
(k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date. 

The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the employment
mentioned in subparagraph (d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this section shall, together with
the offending public officer, be punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the Court, from transacting
business in any form with the Government.

5. Anti-Hazing Act of 2018 (Secs. 2 and 3, RA 8049, as amended by RA 11053)

RA 8049

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority or organization by placing the recruit, neophyte or
applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly,
foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological
suffering or injury.  

The term “organization” shall include any club or the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or officer and cadet corps of the Citizen’s Military
Training and Citizen’s Army Training. The physical, mental and psychological testing and training
procedure and practices to determine and enhance the physical, mental and psychological fitness of
prospective regular members of the Armed Forces of the Philippines and the Philippine National
Police as approved by the Secretary of National Defense and the National Police Commission duly
recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the
Philippine National Police shall not be considered as hazing for the purposes of this Act.  
Sec. 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization
shall be allowed without prior written notice to the school authorities or head of organization seven
(7) days before the conduct of such initiation. The written notice shall indicate the period of the
initiation activities which shall not exceed three (3) days, shall include the names of those to be
subjected to such activities, and shall further contain an undertaking that no physical violence be
employed by anybody during such initiation rites.
  
Sec. 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the
initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant.  

RA 11053

Section 2. Section 1 of the same Act is hereby amended to read as follows:

“Section 2. Definition of Terms. - As used in this Act:

“(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made
as a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority,
or organization including, but not limited to paddling, whipping, beating, branding, forced
calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or
other substance, or any other brutal treatment or forced physical activity which is likely to
adversely affect the physical and psychological health of such recruit, neophyte, applicant, or
member. This shall also include any activity, intentionally made or otherwise, by one person alone
or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by
requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks.

“(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, whether formal
or informal, that a person must perform or take part in order to be accepted into fraternity,
sorority, organization as a full-fledged member. It includes ceremonies practices , rituals, and other
acts in all stages of membership in a fraternity, sorority, or organization.

“(c) Organization refers to an organized body of people which includes, but it is not limited to, any
club, association, group, fraternity, and sorority. This term shall include the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary Academy (PMA), the
Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions.

“(d) Schools refer to colleges, universities, and other educational institutions.”

Section 3. A new section to be denominated as Section 3 is hereby inserted in the same Act to
read as follows:

Sec. 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities, and
organizations in schools, including citizens’ military training and citizens’ army training. This
prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not
school-based, such as community-based and other similar fraternities, sororities and
organizations: Provided, That the physical, mental, and practices to determine and enhance the
physical, mental, and psychological fitness of prospective regular members of the AFP and the PNP
as approved by the Secretary of National Defense and National Police Commission, duly
recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be
considered as hazing purposes of this Act: Provided, further, That the exemption provided herein
shall likewise apply to similar procedures and practices approved by the respective heads of other
uniformed learning institutions as to their prospective members, nor shall this provision apply to
any customary athletic events or other similar contests or competitions or any activity or conduct
that furthers a legal and legitimate objective, subject to prior submission of a medical clearance or
certificate.

“In no case shall hazing be made a requirement for employment in any business or corporation.”

6. Anti-Hijacking Law (Secs. 1 and 3, RA 6235)

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft
is in flight from the moment all its external doors are closed following embarkation until any of such
doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control thereof while it is within the said territory.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility within the Philippines, any explosive, flammable,
corrosive or poisonous substance or material.

7. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 [a, b, d, f] and 4, RA

9995)

Section 3. Definition of Terms. - For purposes of this Act, the term:

(a) “Broadcast” means to make public, by any means, a visual image with the intent that it be
viewed by a person or persons.
(b) “Capture” with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast.
(c) “Female breast” means any portion of the female breast.
(d) “Photo or video voyeurism” means the act of taking photo or video coverage of a person
or group of persons performing sexual act or any similar activity or of capturing an image
of the private area of a person or persons without the latter’s consent, under circumstances
in which such person/s has/have a reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar activity through VCD/DVD, internet,
cellular phones and similar means or device without the written consent of the person/s
involved, notwithstanding that consent to record or take photo or video coverage of same
was given by such person/s.
(e) “Private area of a person” means the naked or undergarment clad genitals, public area,
buttocks or female breast of an individual.
(f) “Under circumstances in which a person has a reasonable expectation of privacy”
means belief that he/she could disrobe in privacy, without being concerned that an image
or a private area of the person was being captured; or circumstances in which a reasonable
person would believe that a private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s
such as the naked or undergarment clad genitals, public area, buttocks or female
breast without the consent of the person/s involved and under circumstances in
which the person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video
or recording of sexual act or any similar activity with or without consideration;
 (c) To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction thereof; or 
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through VCD/DVD, internet, cellular phones
and other similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record
or take photo or video coverage of the same was given by such person/s. Any person who violates
this provision shall be liable for photo or video voyeurism as defined herein.

8. Anti-Plunder Act (Secs. 1 and 2, RA 7080, as amended by RA 7659)

RA 7080

Section 1. Definition of Terms - As used in this Act, the term – 

a) Public Officer means any person holding any public office in the Government of the Republic
of the Philippines by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their
subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of
any person within the purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates and/or business associates by
any combination or series of the following means or similar schemes:

1) Through misappropriation, conversion, misuse, or malversation of public funds or raids

on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from any person and/or entity in connection with
any government contract or project or by reason of the office or position of the public
officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or government-
owned or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or
any other form of interest or participation including promise of future employment in
any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations
and/or implementation of decrees and orders intended to benefit particular persons or
special interests; or
6) By taking undue advantage of official position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the Republic of the Philippines.

Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or
in connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth
through a combination or series of overt or criminal acts as described in Section 1(d) hereof, in the
aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00), shall be
guilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute
disqualification from holding any public office.

Any person who participated with said public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of participation and the attendance of
mitigating and extenuating circumstances shall be considered by the court.

The court shall declare any and all ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stock derived from the deposit or investment thereof
forfeited in favor of the State.

RA 7659

Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of
Plunder) is hereby amended to read as follows:

“Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in
connivance with members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate
amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the
crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated
with the said public officer in the commission of an offense contributing to the crime of plunder shall
likewise be punished for such offense. In the imposition of penalties, the degree of participation and
the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal
Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and
their interests and other incomes and assets including the properties and shares of stocks derived
from the deposit or investment thereof forfeited in favor of the State.”

9. Anti-Sexual Harassment Act of 1995 (Sec. 3, RA 7877)

 
SECTION 3. 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.

(a) 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.

(b) 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.

10. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4, and 5, RA 9745)

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

(a) “Torture” refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third
person information or a confession; punishing him/her for an act he/she or a third person
has committed or is suspected of having committed; or intimidating or coercing him/her or
a third person; or for any reason based on discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with the consent or acquiescence of a
person in authority or agent of a person in authority. It does not include pain or suffering
arising only from, inherent in or incidental to lawful sanctions.
(b) “Other cruel, inhuman and degrading treatment or punishment” refers to a
deliberate and aggravated treatment or punishment not enumerated under Section 4 of
this Act, inflicted by a person in authority or agent of a person in authority against a
person under his/her custody, which attains a level of severity causing suffering, gross
humiliation or debasement to the latter.
(c) “Victim” refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as a
result of any act(s) of torture, or other cruel, inhuman and degrading treatment or
punishment.
(d) “Order of Battle” refers to any document or determination made by the military, police or
any law enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and that it considers as
legitimate targets as combatants that it could deal with, through the use of means allowed
by domestic and international law.

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

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or

agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the body, such as:

1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt
or other similar objects, and jumping on the stomach;
2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
3) Electric shock;
4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on mucous membranes, or acids or spices directly
on the wound(s);
5) The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
6) Being tied or forced to assume fixed and stressful bodily position;
7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;
8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue, etc.;
 9) Dental torture or the forced extraction of the teeth;
10) Pulling out of fingernails;
11) Harmful exposure to the elements such as sunlight and extreme cold;
12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
13) The use of psychoactive drugs to change the perception, memory, alertness or will of a
person, such as:
i. The administration or drugs to induce confession and/or reduce mental
competency; or
ii. The use of drugs to induce extreme pain or certain symptoms of a disease; and
14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of

a person in authority which are calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:

1) Blindfolding;
2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other
wrongful acts;
3) Confinement in solitary cells or secret detention places;
4) Prolonged interrogation;
5) Preparing a prisoner for a “show trial”, public display or public humiliation of a detainee
or prisoner;
6) Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed;
7) Maltreating a member/s of a person's family;
8) Causing the torture sessions to be witnessed by the person's family, relatives or any
third party;
9) Denial of sleep/rest;
10) Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victim's head or putting marks on his/her body against his/her will;
11) Deliberately prohibiting the victim to communicate with any member of his/her family;
and
12) Other analogous acts of mental/psychological torture.

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

11. Anti-Trafficking in Persons Act of 2003 (Secs. 3, 4, and 6, RA 9208, as

amended)

RA 9208

Section 3. Definition of Terms. - As used in this Act:

(a) 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.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it does not involve
any of the means set forth in the preceding paragraph.
(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.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20
of this Act.

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 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).

RA 10364

SEC. 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 3. Definition of Terms. – As used in this Act:

“(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, 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.
“The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose
of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not
involve any of the means set forth in the preceding paragraph. xxx
“(d) Forced Labor – refers 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 including any work or
service extracted from any person under the menace of penalty.
“(e) Slavery – refers to the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised.
“(f) Involuntary Servitude – refers to a condition of enforced and compulsory service induced by
means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did
not enter into or continue in such condition, he or she or another person would suffer serious harm
or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion including
depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of
the legal process. xxx
“(h) Sexual Exploitation – refers to participation by a person in prostitution, pornography or the
production of pornography, in exchange for money, profit or any other consideration or
where the participation is caused or facilitated by any means of intimidation or threat,
use of force, or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of
power or of position or of legal process, taking advantage of the vulnerability of the person, or
giving or receiving of payments or benefits to achieve the consent of a person having control over
another person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as
provided in this Act. xxx”

SEC. 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 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, obtain, hire, provide, offer, transport, transfer, maintain, harbor, 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, or sexual exploitation;
“(f) To adopt persons by any form of consideration for exploitative purposes or to facilitate the
same for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage; xxx
“(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person
by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and
involuntary servitude, including a scheme, plan, or pattern intended to cause the person either: (1)
To believe that if the person did not perform such labor or services, he or she or another person
would suffer serious harm or physical restraint; or (2) To abuse or threaten the use of law or the
legal processes; and
“(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a
child for purposes of exploitation or trading them, including but not limited to, the act of buying
and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking
for purposes of exploitation of children shall include: (1) All forms of slavery or practices similar to
slavery, involuntary servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict; (2) The use, procuring or offering of a child for prostitution,
for the production of pornography, or for pornographic performances; (3) The use,
procuring or offering of a child for the production and trafficking of drugs; and (4) The use,
procuring or offering of a child for illegal activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals; and
“(l) To organize or direct other persons to commit the offenses defined as acts of trafficking
under this Act."

SEC. 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:

“SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the commission
of a trafficking offense but the offender failed to or did not execute all the elements of the crime, by
accident or by reason of some cause other than voluntary desistance, such overt acts shall be
deemed as an attempt to commit an act of trafficking in persons. As such, an attempt to commit
any of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking in
persons.
“In cases where the victim is a child, any of the following acts shall also be deemed as attempted
trafficking in persons:

“(a) Facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason therefor and without the required clearance or permit from the Department of
Social Welfare and Development, or a written permit or justification from the child's parent or legal
guardian;
“(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;
“(c) Recruiting a woman to bear a child for the purpose of selling the child;
“(d) Simulating a birth for the purpose of selling the child; and
“(e) Soliciting a child and acquiring the custody thereof through any means from among
hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and low-
income families, for the purpose of selling the child.”

SEC. 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:

“SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execution of
the offense by previous or simultaneous acts defined in this Act shall be punished in accordance
with the provisions of Section 10(c) of this Act.”

SEC. 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:

“SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime, and
without having participated therein, either as principal or as accomplices, take part in its
commission in any of the following manners:

“(a) By profiting themselves or assisting the offender to profit by the effects of the crime;
“(b) By concealing or destroying the body of the crime or effects or instruments thereof, in order to
prevent its discovery;
“(c) By harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his or her public functions or is known to be habitually guilty of some
other crime.
“Acts defined in this provision shall be punished in accordance with the provision of Section 10(d) as
stated thereto.”

SEC. 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be considered
as qualified trafficking:
“x x x
“(d) When the offender is a spouse, 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;
“x x x
“(h) When the offender commits one or more violations of Section 4 over a period of sixty
(60) or more days, whether those days are continuous or not; and
“(i) When the offender directs or through another manages the trafficking victim in carrying
out the exploitative purpose of trafficking.”

12. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5,
and 26, RA 9262)

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

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

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

 B. “Sexual violence” refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to: 
(1) rape, sexual harassment, acts of lasciviousness, treating a woman or her
child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim’s body,
forcing her/him to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home
or sleep together in the same room with the abuser; 
(2) acts causing or attempting to cause the victim to engage in any sexual
activity by force, threat of force, physical or other harm or threat of
physical or other harm or coercion; 
(3) Prostituting the woman or child. 
C. “Psychological violence” refers to acts or omissions causing or likely to cause mental
or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children. 
D. “Economic abuse” refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following: 
1. withdrawal of financial support or preventing the victim from engaging
in any legitimate profession, occupation, business or activity, except in
cases wherein the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code; 
2. deprivation or threat of deprivation of financial resources and the right
to the use and enjoyment of the conjugal, community or property
owned in common; 
3. destroying household property; 
4. controlling the victims’ own money or properties or solely controlling the
conjugal money or properties. 

ii. “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.
iii. “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.
iv. “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.
v. “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.
vi. “Sexual relations” refers to a single sexual act which may or may not result in the bearing
of a common child.
vii. “Safe place or shelter” refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.
viii. “Children” refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts: 
 (a) Causing physical harm to the woman or her child; 
(b) Threatening to cause the woman or her child physical harm; 
(c) Attempting to cause the woman or her child physical harm; 
(d) Placing the woman or her child in fear of imminent physical harm; 
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or
her child has the right to engage in, or attempting to restrict or restricting the woman’s or
her child’s freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with the purpose or
effect of controlling or restricting the woman’s or her child’s movement or conduct: 
(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family; 
(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children insufficient
financial support; 
(3) Depriving or threatening to deprive the woman or her child of a legal right; 
(4) Preventing the woman in engaging in any legitimate profession, occupation, business
or activity or controlling the victim’s own money or properties, or solely controlling the
conjugal or common money, or properties; 
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions; 
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family; 
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts: 
(1) Stalking or following the woman or her child in public or private places; 
(2) Peering in the window or lingering outside the residence of the woman or her child; 
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will; 
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of
the woman or her child; and 
(5) Engaging in any form of harassment or violence; 
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman’s child/children.

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

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

13. Bouncing Checks Law (Sec. 1, BP 22)

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

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

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

14. Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11, 15, and 21, RA 9165, as amended
by RA 10640)

RA 9165

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.

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 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.

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 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 (MDMA) 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 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be

positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time,
he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where the person
tested is also found to have in his/her possession such quantity of any dangerous drug provided for
under Section 11 of this Act, in which case the provisions stated therein shall apply.

Section 21.  Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall,
 immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any elected public official who shall
be required to sign the copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to
the PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under
oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours
after the receipt of the subject item/s: Provided, That when the volume of the
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals does not allow the completion of testing within the time frame, a
partial laboratory examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the DOJ, civil society groups and any elected
public official. The Board shall draw up the guidelines on the manner of proper
disposition and destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful commerce, as determined by the Board,
shall be donated, used or recycled for legitimate purposes: Provided, further, That a
representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning
of the subject item/s which, together with the representative sample/s in the custody of
the PDEA, shall be submitted to the court having jurisdiction over the case. In all
instances, the representative sample/s shall be kept to a minimum quantity as
determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused refuses or fails to appoint a
representative after due notice in writing to the accused or his/her counsel within
seventy-two (72) hours before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public attorney’s office
to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board
of the final termination of the case and, in turn, shall request the court for leave to turn
over the said representative sample/s to the PDEA for proper disposition and destruction
within twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition,
and burning or destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.

RA 10640
Section 1. Section 21 of Republic Act No. 9165, otherwise known as the “Comprehensive
Dangerous Drugs Act of 2002”, is hereby amended to read as follows:

“SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:

“(1) The apprehending team having initial custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the
seized items and photograph the same in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel, with an elected
public official and a representative of the National Prosecution Service or the media who
shall be required to sign the copies of the inventory and be given a copy thereof: Provided, That
the physical inventory and photograph shall be conducted at the place where the search warrant is
served; or at the nearest police station or at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless seizures: Provided, finally, That noncompliance of
these requirements under justifiable grounds, as long as the integrity and the evidentiary value of
the seized items are properly preserved by the apprehending officer/team, shall not render void and
invalid such seizures and custody over said items.
“x x x
“(3) A certification of the forensic laboratory examination results, which shall be done by the
forensic laboratory examiner, shall be issued immediately upon the receipt of the subject
item/s: Provided,  That when the volume of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of testing within the
time frame, a partial laboratory examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued immediately upon completion of the said
examination and certification;
“x x x.”

15. Comprehensive Firearms and Ammunition Regulation Act (Secs. 28 and 29,
RA 10591)

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:
i. Loaded with ammunition or inserted with a loaded magazine;
ii. 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;
iii. Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
 iv. Accompanied with an extra barrel; and
v. 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;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-B light weapon, the former violation shall be absorbed by the latter.

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 or 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.

16. Cybercrime Prevention Act of 2012 (Secs. 4 to 6, RA 10175)

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data
and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without
right.
(2) Illegal Interception. – The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or
 deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference
with the functioning of a computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or authority, including
the introduction or transmission of viruses.
(5) Misuse of Devices.
i. The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
a. a. A device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under
this Act; or
b. b. A computer password, access code, or similar data by which the
whole or any part of a computer system is capable of being accessed
with intent that it be used for the purpose of committing any of the
offenses under this Act.
ii. The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above
with intent to use said devices for the purpose of committing any of the
offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if
such a domain name is:
i. Similar, identical, or confusingly similar to an existing trademark registered
with the appropriate government agency at the time of the domain name
registration;
ii. Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and
iii. Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

i. The input, alteration, or deletion of any computer data without right resulting
in inauthentic data with the intent that it be considered or acted upon for
legal purposes as if it were authentic, regardless whether or not the data is
directly readable and intelligible; or
ii. The act of knowingly using computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent
or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer
data or program or interference in the functioning of a computer system, causing
damage thereby with fraudulent intent: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of
a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic
 communication with the use of computer system which seek to advertise, sell, or offer
for sale products and services are prohibited unless:
i. There is prior affirmative consent from the recipient; or
ii. The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or
customers; or
iii. The following conditions are present: (aa) The commercial electronic
communication contains a simple, valid, and reliable way for the recipient to
reject receipt of further commercial electronic messages (opt-out) from the
same source; (bb) The commercial electronic communication does not
purposely disguise the source of the electronic message; and (cc) The
commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to
read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar
means which may be devised in the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit
any of the offenses enumerated in this Act shall be held liable.

Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and
special laws, as the case may be.

17. Human Security Act of 2007 (Secs. 3 to 6, RA 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. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the
penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.

SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner: (a) by profiting himself or assisting the offender
to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the
effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or
assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten
(10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the
single exception of accessories falling within the provisions of subparagraph (a).

18. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, RA 10883)

Sec. 3. Carnapping; Penalties. – Carnapping is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or by means of violence against or intimidation of
persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle
taken, be punished by imprisonment for not less than twenty (20) years and one (1) day but not
more than thirty (30) years, when the carnapping is committed without violence against or
intimidation of persons, or force upon things; and by imprisonment for not less than thirty (30)
years and one (1) day but not more than forty (40) years, when the carnapping is committed by
means of violence against or intimidation of persons, or force upon things; and the penalty of life
imprisonment shall be imposed when the owner, driver, or occupant of the carnapped motor vehicle
is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal
groups, gangs or syndicates or by means of violence or intimidation of any person or persons or
forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle is
killed or raped in the course of the carnapping shall be denied bail when the evidence of guilt is
strong.

Sec. 4. Concealment of Carnapping. – Any person who conceals carnapping shall be punished with
imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the
acquisition cost of the motor vehicle, motor vehicle engine, or any other part involved in the
violation: Provided, That if the person violating any provision of this Act is a juridical person, the
penalty herein provided shall be imposed on its president, secretary, and/or members of the board
of directors or any of its officers and employees who may have directly participated in the violation.
Any public official or employee who directly commits the unlawful acts defined in this Act or is guilty
of gross negligence of duty or connives with or permits the commission of any of the said unlawful
acts shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from the
service, and his/her benefits forfeited and shall be permanently disqualified from holding public
office.

19. Obstruction of Justice Law (Sec. 1, PD 1829)

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

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in
any investigation of or official proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases; 
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal
laws in order to prevent his arrest, prosecution and conviction; 
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution
or the execution of a judgment, or concealing his true name and other personal
circumstances for the same purpose or purposes; 
(e) delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscal’s offices, in Tanodbayan, or in the courts; 
(f) making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases; 
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal offender; 
(h) threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a
person from appearing in the investigation of or in official proceedings in, criminal cases; 
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies
from apprehending the offender or from protecting the life or property of the victim; or
fabricating information from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and publishing or disseminating
the same to mislead the investigator or to the court. 

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

20. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Secs. 3[a],
5, and 10, RA 7610)

Section 3. Definition of Terms. –

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

(b) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
(c) “Circumstances which gravely threaten or endanger the survival and normal development of
children” include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-
related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere
with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of an indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
(d) “Comprehensive program against child abuse, exploitation and discrimination” refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.

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

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

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to
engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse; Provided, That when the victims is under
twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph
3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape
or lascivious conduct, as the case may be: Provided, That the penalty 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 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child’s Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child’s development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum
period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other
tourist resort or similar places shall suffer the penalty of prision mayor in its maximum
period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this
provision shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and tradition or acts
in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer
the penalty of prision mayor in its medium period and a fine of not less than Forty thousand
pesos (P40,000); Provided, however, That should the perpetrator be an ascendant,
stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to such place or places any
minor herein described shall be imposed a penalty of prision mayor in its medium period
and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to
operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to:
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.

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

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