Criminal Law

PRESIDENTIAL DECREE No.
1613
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies of the government

reveal that fires and other crimes involving destruction in Metro Manila and
other urban centers in the country are being perpetrated by criminal
syndicates, some of which have foreign connections;
WHEREAS, the current law on arson suffers from certain inadequacies that
impede the successful enforcement and prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires and other crimes
involving destruction be prevented to protect the national economy and
preserve the social, economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,

by virtue of the powers vested in me by the Constitution, do hereby order and
decree as part of the law of the land, the following:
Section 1. 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.
Section 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
4. Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie house or any
similar place or building.
6. Any building, whether used as a dwelling or not, situated in a

populated or congested area.
Section 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;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.
Section 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 its is planned or carried out by a

group of three (3) or more persons.
Section 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.
Section 6. Prima Facie evidence of Arson. Any of the following circumstances

shall constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building
or establishment.
2. If substantial amount of flammable substances or materials are stored

within the building note necessary in the business of the offender nor for
household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible

substances or materials soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic contrivance designed to
start a fire, or ashes or traces of any of the foregoing are found in the
ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its

actual value at the time of the issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more

than two fires have occurred in the same or other premises owned or
under the control of the offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects insured

and stored in a building or property had been withdrawn from the
premises except in the ordinary course of business.
6. If a demand for money or other valuable consideration was made

before the fire in exchange for the desistance of the offender or for the
safety of the person or property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be

punished by Prision Mayor in its minimum period.
Section 8. Confiscation of Object of Arson. The building which is the object of

arson including the land on which it is situated shall be confiscated and
escheated to the State, unless the owner thereof can prove that he has no
participation in nor knowledge of such arson despite the exercise of due
diligence on his part.
Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the

Revised Penal Code and all laws, executive orders, rules and regulations, or
parts thereof, inconsistent with the provisions of this Decree are hereby
repealed or amended accordingly.
Section 10. Effectivity. This Decree shall take effect immediately upon

publication thereof at least once in a newspaper of general circulation.
Done in the City of Manila, this 7th day of March, in the year of Our Lord,
nineteen hundred and seventy-nine.
REPUBLIC ACT NO. 7659
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS

CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS,
AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER
PURPOSES
WHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1)

thereof, states “Excessive fines shall not be imposed nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless,
for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. . .”;
WHEREAS, the crimes punishable by death under this Act are heinous for
being grievous, odious and hateful offenses and which, by reason of their
inherent or manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of decency
and morality in a just, civilized and ordered society;
WHEREAS, due to the alarming upsurge of such crimes which has resulted
not only in the loss of human lives and wanton destruction of property but also
affected the nation’s efforts towards sustainable economic development and
prosperity while at the same time has undermined the people’s faith in the
Government and the latter’s ability to maintain peace and order in the country;
WHEREAS, the Congress, in the justice, public order and the rule of law, and
the need to rationalize and harmonize the penal sanctions for heinous crimes,
finds compelling reasons to impose the death penalty for said crimes;
Now, therefore,
Section 1. Declaration of Policy. – It is hereby declared the policy of the State

to foster and ensure not only obedience to its authority, but also to adopt such
measures as would effectively promote the maintenance of peace and order,
the protection of life, liberty and property, and the promotion of the general
welfare which are essential for the enjoyment by all the people of the
blessings of democracy in a just and humane society;
Section 2. Article 114 of the Revised Penal Code, as amended, is hereby
amended to read as follows:
“Art. 114. Treason. – Any Filipino citizen who levies war against the
Philippines or adheres to her enemies giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua to death
and shall pay a fine not to exceed 100,000 pesos.”
No person shall be convicted of treason unless on the testimony of two

witnesses at least to the same overt act or on confession of the accused in
open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as

defined in paragraph 1 of this Article shall be punished by reclusion temporal
to death and shall pay a fine not to exceed 100,000 pesos.”
Section 3. Section Three, Chapter One, Title One of Book Two of the same
Code is hereby amended to read as follows:
“Section Three. – Piracy and mutiny on the high seas or in the Philippine
waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters.
– The penalty of reclusion perpetua shall be inflicted upon any person who, on
the high seas, or in Philippine waters, shall attack or seize a vessel or, not
being a member of its complement nor a passenger, shall seize the whole or
part of the cargo of said vessel, its equipment or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in
Philippine waters.”
Art. 123. Qualified piracy. – The penalty of reclusion perpetua to death shall
be imposed upon those who commit any of the crimes referred to in the
preceding article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of

saving themselves or;
3. Whenever the crime is accompanied by murder, homicide, physical injuries

or rape.”
Section 4. There shall be incorporated after Article 211 of the same Code a
new article to read as follows:
“Art. 211-A. Qualified Bribery. – If any public officer is entrusted with law
enforcement and he refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present, he shall suffer the penalty
for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall
suffer the penalty of death.”
Section 5. The penalty of death for parricide under Article 246 of the same
Code is hereby restored, so that it shall read as follows:
“Art. 246. Parricide. – Any person who shall kill his father, mother, or child,
whether legitimate of illegitimate, or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.”
Section 6. Article 248 of the same Code is hereby amended to read as

follows:
“Art. 248. Murder. – Any person who, not falling within the provisions of Article
246 shall kill another, shall be guilty of murder and shall be punished by
reclusion perpetua, to death if committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a

vessel, derailment or assault upon a railroad, fall of an airship, or by means of
motor vehicles, or with the use of any other means involving great waste and
ruin.
4. On occasion of any of the calamities enumerated in the preceding

paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the

victim, or outraging or scoffing at his person or corpse.”

follows:
“Art. 255. Infanticide. – The penalty provided for parricide in Article 246 and
for murder in Article 248 shall be imposed upon any person who shall kill any
child less than three days of age.
If any crime penalized in this Article be committed by the mother of the child
for the purpose of concealing her dishonor, she shall suffer the penalty of
prision mayor in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or either of
them, the penalty shall be reclusion temporal.”

follows:
“Art. 267. Kidnapping and serious illegal detention. – Any private individual
who shall kidnap or detain another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, except when the

accused is any of the parents, female or a public officer.
The penalty shall be death penalty where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or any other
person, even if none of the circumstances above-mentioned were present in
the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is
raped, or is subjected to torture or dehumanizing acts, the maximum penalty
shall be imposed.”

follows:
“Art. 294. Robbery with violence against or intimidation of persons – Penalties.

– Any person guilty of robbery with the use of violence against or intimidation
of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion

of the robbery, the crime of homicide shall have been committed, or when the
robbery shall have been accompanied by rape or intentional mutilation or
arson.
2. The penalty of reclusion temporal in its medium period to reclusion

perpetua, when or if by reason or on occasion of such robbery, any of the
physical injuries penalized in subdivision I of Article 263 shall have been
inflicted.
3. The penalty of reclusion temporal, when by reason or on occasion of the

robbery, any of the physical injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in

its medium period, if the violence or intimidation employed in the commission
of the robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its execution, the offender
shall have inflicted upon any person not responsible for its commission any of
the physical injuries covered by subdivisions 3 and 4 of said Article 263.
5. The penalty of prision correccional in its maximum period to prision mayor

in its medium period in other cases.”

follows:
“Art. 320. Destructive Arson. – The penalty of reclusion perpetua 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 a result of simultaneous burnings, committed on several or
different occasions.
2. Any building of public or private ownership, devoted to the public in general

or where people usually gather or congregate for a definite purpose such as,
but not limited to, official governmental function or business, private
transaction, commerce, trade, workshop, meetings and conferences, or
merely incidental to a definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyances 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 conveyance, or for 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 reclusion perpetua to 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 burning merely constitutes an
overt act in the commission or another violation of law.
The penalty of reclusion perpetua to death shall also be imposed upon any
person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,

ordnance, storehouse, archives or general museum of the Government.
2. 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 results, the mandatory penalty of death shall be imposed.”
follows:
“Art. 335. When and how rape is committed. – Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon or
by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by

reason or on the occasion thereof, the penalty shall be reclusion perpetua to
death.
When by reason or on the occasion of the rape, a homicide is committed, the

penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed with
any of the following attendant circumstances:
1. when the victim is under eighteen (18) years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity
within the third civil degree, or the common-law-spouse of the parent of the
victim.
2. when the victim is under the custody of the police or military authorities.
3. when the rape is committed in full view of the husband, parent, any of the
children or other relatives within the third degree of consanguinity.
4. when the victim is a religious or a child below seven (7) years old.
5. when the offender knows that he is afflicted with Acquired Immune
Deficiency Syndrome (AIDS) disease.
6. when committed by any member of the Armed Forces of the Philippines or

the Philippine National Police or any law enforcement agency.
7. when by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation.”
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.”
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425,

as amended, known as the Dangerous Drugs Act 1972, are hereby amended
to read as follows:
“Sec. 3. Importation of Prohibited Drugs. – The penalty of reclusion perpetua

to death and a fine ranging from five hundred thousand pesos to ten million
pesos shall be imposed upon any person who, unless authorized by law, shall
import or bring into the Philippines any prohibited drug.
“Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of

Prohibited Drugs. – The penalty of reclusion perpetua to death and a fine from
five hundred thousand pesos to ten million pesos shall be imposed upon any
person who, unless authorized by law, shall sell, administer, deliver, give
away to another, distribute, dispatch in transit or transport any prohibited drug,
or shall act as a broker in any of such transactions.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the

victim of the offense is a minor, or should a prohibited drug involved in any
offense under this Section be the proximate cause of the death of a victim
thereof, the maximum penalty herein provided shall be imposed.
“Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. –

The penalty of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort where any
prohibited drug is used in any form or where such prohibited drugs in
quantities specified in Section 20, Paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the

maximum of the penalty shall be imposed in every case where a prohibited
drug is administered, delivered or sold to a minor who is allowed to use the
same in such place.
Should a prohibited drug be the proximate cause of the death of a person

using the same in such den, dive or resort, the maximum penalty herein
provided shall be imposed on the maintainer notwithstanding the provisions of
Section 20 of this Act to the contrary.
“Sec. 7. Manufacture of Prohibited Drug. – The penalty of reclusion perpetua

to death and fine ranging from five hundred thousand pesos to ten million
engage in the manufacture of any prohibited drug.
“Sec. 8. Possession or Use of Prohibited Drugs. – The penalty of reclusion

perpetua to death and a fine ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person who, unless authorized by
law, shall possess or use any prohibited drug subject to the provisions of
Section 20 hereof.
“Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. – The

penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who
shall plant, cultivate or culture any medium Indian hemp, opium poppy
(papaver somniferum), or any other plant which is or may hereafter be
classified as dangerous drug or from which any dangerous drug may be
manufactured or derived.
The land or portions hereof, and/or greenhouses on which any of said plants
is cultivated or cultured shall be confiscated and escheated to the State,
unless the owner thereof can prove that he did not know such cultivation or
culture despite the exercise of due diligence on his part.
If the land involved in is part of the public domain, the maximum of the
penalties herein provided shall be imposed upon the offender.”
Section 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425,
as amended, known as the Dangerous Drugs Act of 1972, are hereby
“Sec. 14. Importation of Regulated Drugs. – The penalty of reclusion perpetua

import or bring any regulated drug in the Philippines.
“Sec. 14-A. Manufacture of Regulated Drugs. – The penalty of reclusion

million pesos shall be imposed upon any person who, unless authorized by
law, shall engage in the manufacture of any regulated drug.
“Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and

Distribution of Regulated Drugs. – The penalty of reclusion perpetua to death
and a fine ranging from five hundred thousand pesos to ten million pesos shall
be imposed upon any person who, unless authorized by law, shall sell,
dispense, deliver, transport or distribute any regulated drug.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the

victim of the offense is a minor, or should a regulated drug involved in any
offense under this Section be the proximate cause of the death of a victim
thereof, the maximum penalty herein provided shall be imposed.”
Section 15. There shall be incorporated after Section 15 of Article III of

Republic Act No. 6425, as amended, known as the Dangerous Drug Act of
1972, a new section to read as follows:
“Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. –
The penalty of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort where any
regulated drugs is used in any form, or where such regulated drugs in
quantities specified in Section 20, paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the

maximum penalty herein provided shall be imposed in every case where a
regulated drug is administered, delivered or sold to a minor who is allowed to
use the same in such place.
Should a regulated drug be the proximate cause of the death of a person

using the same in such den, dive or resort, the maximum penalty herein
provided shall be imposed on the maintainer notwithstanding the provisions of
Section 20 of this Act to the contrary.”
Section 16. Section 16 of Article III of Republic Act No. 6425, as amended,

known as the Dangerous Drugs Act of 1972, is amended to read as follows:
“Sec. 16. Possession or Use of Regulated Drugs. – The penalty of reclusion

million pesos shall be imposed upon any person who shall possess or use any
regulated drug without the corresponding license or prescription, subject to
the provisions of Section 20 hereof.”
Section 17. Section 20, Article IV of Republic Act No. 6425, as amended,

known as the Dangerous Drugs Act of 1972, is hereby amended to read as
follows:
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds

or Instruments of the Crime. – The penalties for offenses under Section 3, 4,
7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act
shall be applied if the dangerous drugs involved is in any of the following
quantities :
1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or methylamphetamine hydrochloride;
4. 40 grams or more of heroin;

5. 750 grams or more of indian hemp or marijuana;
6. 50 grams or more of marijuana resin or marijuana resin oil;
7. 40 grams or more of cocaine or cocaine hydrochloride; or
8. In the case of other dangerous drugs, the quantity of which is far beyond
therapeutic requirements, as determined and promulgated by the Dangerous
Drugs Board, after public consultations/hearings conducted for the purpose.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalty shall range from prision correccional to reclusion perpetua depending
upon the quantity.
Every penalty imposed for the unlawful importation, sale, administration,

delivery, transportation or manufacture of dangerous drugs, the cultivation of
plants which are sources of dangerous drugs and the possession of any
opium pipe and other paraphernalia for dangerous drugs shall carry with it the
confiscation and forfeiture, in favor of the Government, of all the proceeds of
the crime including but not limited to money and other obtained thereby and
the instruments or tools with which it was committed, unless they are the
property of a third person not liable for the offense, but those which are not of
lawful commerce shall be ordered destroyed without delay. Dangerous drugs
and plant sources of such drugs as well as the proceeds or instruments of the
crime so confiscated and forfeited in favor of the Government shall be turned
over to the Board for proper disposal without delay.
Any apprehending or arresting officer who misappropriates or misapplies or

fails to account for seized or confiscated dangerous drugs or plant-sources of
dangerous drugs or proceeds or instruments of the crime as are herein
defined shall after conviction be punished by the penalty of reclusion perpetua
pesos.”
Section 18. There shall be incorporated after Section 20 of Republic Act No.

6425, as amended, known as the Dangerous Drugs Act of 1972, a new
section to read as follows:
“Sec. 20-A. Plea-bargaining Provisions. – Any person charged under any

provision of this Act where the imposable penalty is reclusion perpetua to
death shall not be allowed to avail of the provision on plea bargaining.”
Section 19. Section 24 of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, is hereby amended to read as follows :
“Sec. 24. Penalties for Government Official and Employees and Officers and
Members of Police Agencies and the Armed Forces, ‘Planting’ of Evidence. –
The maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12
and 13 of Article II and Sections 14, 14-A, 15(1), 16 and 19 of Article III shall
be imposed, if those found guilty of any of the said offenses are government
officials, employees or officers, including members of police agencies and the
armed forces.
Any such above government official, employee or officer who is found guilty of
“planting” any dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13 of
Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the
person or in the immediate vicinity of another as evidence to implicate the
latter, shall suffer the same penalty as therein provided.”
Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the

Anti-Carnapping Act of 1972, is hereby amended to read as follows:
“Sec. 14. Penalty for Carnapping. – Any person who is found guilty of
carnapping, as this term is defined in Section Two of this Act, shall,
irrespective of the value of motor vehicle taken, be punished by imprisonment
for not less than fourteen years and eight months and not more than
seventeen years and four months, when the carnapping is committed without
violence or intimidation of persons, or force upon things; and by imprisonment
for not less than seventeen years and four months and not more than thirty
years, when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of reclusion
perpetua to death shall be imposed when the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the course of the commission of
the carnapping or on the occasion thereof.”
Section 21. Article 27 of the Revised Penal Code, as amended, is hereby

“Art. 27. Reclusion perpetua. – The penalty of reclusion perpetua shall be

from twenty years and one day to forty years.
Reclusion temporal. – The penalty of reclusion temporal shall be from twelve

years and one day to twenty years.
Prision mayor and temporary disqualification. – The duration of the penalties
of prision mayor and temporary disqualification shall be from six years and
one day to twelve years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case, it shall be that of the
principal penalty.
Prision correccional, suspension, and destierro. – The duration of the

penalties of prision correccional, suspension, and destierro shall be from six
months and one day to six years, except when the suspension is imposed as
an accessory penalty, in which case, its duration shall be that of the principal
penalty.
Arresto mayor. – The duration of the penalty of arresto mayor shall be from
one month and one day to six months.
Arresto menor. – The duration of the penalty of arresto menor shall be from
one day to thirty days.
Bond to keep the peace. – The bond to keep the peace shall be required to
cover such period of time as the court may determine.”

follows:
Art. 47. In what cases the death penalty shall not be imposed; Automatic
review of the Death Penalty Cases. – The death penalty shall be imposed in
all cases in which it must be imposed under existing laws, except when the
guilty person is below eighteen (18) years of age at the time of the
commission of the crime or is more than seventy years of age or when upon
appeal or automatic review of the case by the Supreme Court, the required
majority vote is not obtained for the imposition of the death penalty, in which
cases the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the trial court, the records
shall be forwarded to the Supreme Court for automatic review and judgment
by the Court en banc, within twenty (20) days but not earlier than fifteen (15)
days after promulgation of the judgment or notice of denial of any motion for
new trial or reconsideration. The transcript shall also be forwarded within ten
(10) days from the filing thereof by the stenographic reporter.”
Section 23. Article 62 of the same Code, as amended, is hereby amended to

read as follows :
“Art. 62. Effects of the attendance of mitigating or aggravating circumstances
and of habitual delinquency. – Mitigating or aggravating circumstances and
habitual delinquency shall be taken into account for the purpose of diminishing
or increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially

punishable by law or which are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into account for the purpose
of increasing the penalty.
1(a). When in the commission of the crime, advantage was taken by the
offender of his public position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any
group who belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more persons

collaborating, confederating or mutually helping one another for purposes of
gain in the commission of any crime.
2. The same rule shall apply with respect to any aggravating circumstances
inherent in the crime to such a degree that it must of necessity accompany the
commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral

attributes of the offender, or from his private relations with the offended party,
or from any other personal cause, shall only serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in

the means employed to accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects :
(a) Upon a third conviction the culprit shall be sentenced to the penalty
provided by law for the last crime of which he be found guilty and to the
additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional
penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum period to reclusion
temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to
be imposed upon the offender, in conformity herewith, shall in no case exceed
30 years.
For purposes of this article, a person shall be deemed to be a habitual

delinquent, if within a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robo,
hurto, estafa or falsification, he is found guilty of any of said crimes a third
time or oftener.
Section 24. Article 81 of the same Code, as amended, is hereby amended to

read as follows :
“Art. 81. When and how the death penalty is to be executed. – The death
sentence shall be executed with preference to any other and shall consist in
putting the person under sentence to death by electrocution. The death
sentence shall be executed under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the sufferings of the person under
the sentence during electrocution as well as during the proceedings prior to
the execution.
If the person under sentence so desires, he shall be anaesthetized at the

moment of the execution.
As soon as facilities are provided by the Bureau of Prisons, the method of

carrying out the sentence shall be changed to gas poisoning.
The death sentence shall be carried out not later than one (1) year after the
judgment has become final.”

follows:
“Art. 83. Suspension of the execution of the death sentence. – The death
sentence shall not be inflicted upon a woman while she is pregnant or within
one (1) year after delivery, nor upon any person over seventy years of age. In
this last case, the death sentence shall be commuted to the penalty of
reclusion perpetua with the accessory penalties provided in Article 40.
In all cases where the death sentence has become final, the records of the
case shall be forwarded immediately by the Supreme Court to the Office of
the President for possible exercise of the pardoning power.”
Section. 26. All laws, presidential decrees and issuances, executive orders,

rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
Section 27. If, for any reason or reasons, any part of the provision of this Act
shall be held to be unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
Section 28. This Act shall take effect fifteen (15) days after its publication in
two (2) national newspapers of general circulation. The publication shall not
be later than seven (7) days after the approval hereof.
An Act Providing for a New Anti-Carnapping Law of the Philippines
Republic Act No. 10883
Congress of the Philippines
17 July 2016
S. No. 2794
H. No. 4544
Republic of the Philippines

Congress of the Philippines
Metro Manila
Sixteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
fifteen.
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
SECTION 1. Short Title.— This Act shall be known as the “New Anti-Carnapping

Act of 2016”.
SECTION 2. Definition of Terms.— As used in this Act:
(a) Body building refers to a job undertaken on a motor vehicle in order to

replace its entire body with a new body;
(b) Defacing or tampering with a serial number refers to the altering,
changing, erasing, replacing or scratching of the original factory inscribed serial
number on the motor vehicle engine, engine block or chassis of any motor
vehicle. Whenever any motor vehicle is found to have a serial number on its
engine, engine block or chassis which is different from that which is listed in
the records of the Bureau of Customs for motor vehicle imported into the
Philippines, that motor vehicle shall be considered to have a defaced or
tampered serial number;
(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a

motor vehicle;
(d) Identity transfer refers to the act of transferring the engine number,

chassis number, body tag number, plate number, and any other identifying
marks of a motor vehicle declared as “total wreck” or is beyond economic
repair by concerned car insurance companies and/or law enforcement
agencies after its involvement in a vehicular accident or other incident and
registers the same into another factory-made body or vehicle unit, of the same
classification, type, make or model;
(e) Motor vehicle refers to any vehicle propelled by any power other than

muscular power using the public highways, except road rollers, trolley cars,
street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on public highways; vehicles which
run only on rails or tracks; and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes. Trailers having any number of
wheels, when propelled or intended to be propelled by attachment to a motor
vehicle, shall be classified as a separate motor vehicle with no power rating;
(f) Overhauling refers to the cleaning or repairing of the whole engine of a

motor vehicle by separating the motor engine and its parts from the body of the
motor vehicle;
(g) Repainting refers to changing the color of a motor vehicle by means of
painting. There is painting whenever the new color of a motor vehicle is
different from its color registered in the Land Transportation Office (LTO);
(h) Remodeling refers to the introduction of some changes in the shape or

form of the body of the motor vehicle;
(i) Second hand spare parts refer to the parts taken from a carnapped vehicle
used in assembling another vehicle;
(j) Total wreck refers to the state or status of a motor vehicle after a vehicular

accident or other incident, so that it is rendered inoperational and beyond
economic repair due to the extent of damage in its body, chassis and engine;
and
(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a

vehicle plate issued by the LTO to a certain vehicle to another vehicle. It is
presumed illegally transferred when the motor vehicle plate does not
correspond with that as appearing in the certificate of registration of the motor
vehicle to which it was issued.
SECTION 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.
SECTION 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.
SECTION 5. Original Registration of Motor Vehicles.— Any person seeking the

original registration of a motor vehicle, whether that motor vehicle is newly
assembled or rebuilt or acquired from a registered owner, shall, within one (1)
week after the completion of the assembly or rebuilding job or the acquisition
thereof from the registered owner, apply to the Philippine National Police (PNP)
for the clearance of the motor vehicle for registration with the LTO. The PNP
shall, upon receipt of the application, verify if the motor vehicle or its numbered
parts are in the list of carnapped motor vehicles or stolen motor vehicle parts. If
the motor vehicle or any of its numbered parts is not in the list, the PNP shall
forthwith issue a certificate of clearance. Upon presentation of the certificate of
clearance from the PNP and after verification of the registration of the motor
vehicle engine, engine block and chassis in the permanent registry of motor
vehicle engine, engine block and chassis, the LTO shall register the motor
vehicle in accordance with existing laws, rules and regulations within twenty (20)
working days.
SECTION 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine

Block and Chassis.— Within one (1) year upon approval of this Act, every owner
or possessor of unregistered motor vehicle or parts thereof in knock down
condition shall register before the LTO the motor vehicle engine, engine block
and chassis in the name of the possessor or in the name of the real owner who
shall be readily available to answer any claim over the registered motor vehicle
engine, engine block and chassis. Thereafter, all motor vehicle engines, engine
blocks and chassis not registered with the LTO shall be considered as a
carnapped vehicle, an untaxed importation or coming from illegal source and
shall be confiscated in favor of the government.
SECTION 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines,

Engine Blocks and Chassis.— The LTO shall keep a permanent registry of motor
vehicle, motor vehicle engines, engine blocks and chassis of all motor vehicles,
specifying therein their type, make, serial numbers and stating therein the names
and addresses of their present and previous owners. Copies of the registry and
of all entries made thereon shall be furnished the PNP and all LTO regional,
provincial and city branch offices: Provided, That all LTO regional, provincial and
city offices are likewise obliged to furnish copies of all registrations of motor
vehicles to the main office and to the PNP: Provided, Further, That the original
copy of the certificate of registration shall be given to the registered owner, the
second copy shall be retained with the LTO and the third copy shall be submitted
to the PNP. Moreover, it shall be unlawful for any person or employee who
willfully encodes in the registry of motor vehicles a non-existing vehicle or without
history, new identity of already existing vehicle or double/multiple registration
(“KAMBAL”) of vehicle.
SECTION 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle,

Substitution or Replacement of a Motor Vehicle Engine, Engine Block or
Chassis.— Every sale, transfer, conveyance of a motor vehicle, substitution or
replacement of a motor vehicle engine, engine block or chassis of a motor
vehicle shall be registered with the LTO within twenty (20) working days upon
purchase/acquisition of a motor vehicle and substitution or replacement of a
motor vehicle engine, engine block or chassis. A motor vehicle, motor vehicle
engine, engine block or chassis not registered with the LTO shall be presumed
as a carnapped vehicle, an untaxed imported vehicle, or a vehicle proceeding
from illegal sources unless proven otherwise and shall be confiscated in favor of
the government.
SECTION 9. Duty of Collector of Customs to Report.— Within seven (7) days

after the arrival of an imported vehicle, motor vehicle engine, engine block,
chassis or body, the Collector of Customs of a principal port of entry where the
imported vehicle or parts enumerated above are unloaded shall report the
shipment to the LTO, specifying the make, type and serial numbers, if any, of the
motor vehicle, motor vehicle engine, engine block, chassis or body, and stating
the names and addresses of the owner or consignee thereof. If the motor vehicle,
motor vehicle engine, engine block, chassis or body does not bear any serial
number, the Collector of Customs concerned shall hold the motor vehicle, motor
vehicle engine, engine block, chassis or body until it is numbered by the
LTO: Provided, That a PNP clearance shall be required prior to engraving the
engine or chassis number.
SECTION 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to
Keep Record of Stocks.—Any person engaged in the importation, distribution, and
buying and selling of motor vehicles, motor vehicle engines, engine blocks,
chassis or body shall keep a permanent record of one’s stocks, stating therein
their type, make and serial numbers, and the names and addresses of the
persons from whom they were acquired and the names and addresses of the
persons to whom they are sold, and shall render accurately a monthly report of
his/her transactions in motor vehicles to the LTO.
SECTION 11. Duty of Manufacturers of Engine Blocks, Chassis or Body to

Cause the Numbering of Engine Blocks, Chassis or Body Manufactured.— Any
person engaged in the manufacture of engine blocks, chassis or body shall
cause the numbering of every engine block, chassis or body manufactured in a
convenient and conspicuous part thereof which the LTO may direct for the
purpose of uniformity and identification of the factory and shall submit to the LTO
a monthly report of the manufacture and sale of engine blocks, chassis or body.
SECTION 12. Clearance and Permit Required for Assembly or Rebuilding of

Motor Vehicles.— Any person who shall undertake to assemble or rebuild or
cause the assembly or rebuilding of a motor vehicle shall first secure a certificate
of clearance from the PNP: Provided, That no such permit shall be issued unless
the applicant shall present a statement under oath containing the type, make and
serial numbers of the engine, chassis and body, if any, and the complete list of
the spare parts of the motor vehicle to be assembled or rebuilt together with the
names and addresses of the sources thereof.
In the case of motor vehicle engines to be mounted on motor boats,

motor bancas, water crafts and other light water vessels, the applicant shall
secure a permit from the PNP, which office shall in turn furnish the LTO pertinent
data concerning the motor vehicle engines including their type, make and serial
numbers.
SECTION 13. Clearance Required for Shipment of Motor Vehicles, Motor
Vehicle Engines, Engine Blocks, Chassis or Body.— The Philippine Ports
Authority (PPA) shall submit a report to the PNP within seven (7) days upon
boarding all motor vehicles being boarded the “RORO”, ferry, boat, vessel or ship
for interisland and international shipment. The PPA shall not allow the loading of
motor vehicles in all interisland and international shipping vessels without a
motor vehicle clearance from the PNP, except cargo trucks and other trucks
carrying goods, Land Transportation Franchising and Regulatory Board (LTFRB)-
accredited public utility vehicles (PUV) and other motor vehicles carrying
foodstuff and dry goods.
SECTION 14. Defacing or Tampering with Serial Numbers of Motor Vehicle

Engines, Engine Blocks and Chassis.— It shall be unlawful for any person to
deface or otherwise tamper with the original or registered serial number of motor
vehicle engines, engine blocks and chassis.
SECTION 15. Identity Transfer.— It shall be unlawful for any person, office or

entity to cause and/or allow the sale, registration, and/or transfer into another
name, the chassis number, engine number and plate number of a motor vehicle
declared as “total wreck” or beyond economic repair by concerned insurance
company, and/or law enforcement agencies, due to its involvement in a vehicular
accident or for some other causes. The LTO shall cancel the registration of total
wreck vehicle as reported by the PNP and/or as declared by the Insurance
Commission.
SECTION 16. Transfer of Vehicle Plate.— It shall be unlawful for any person,

office or entity to transfer or use a vehicle plate from one vehicle to another
without securing the proper authority from the LTO.
SECTION 17. Sale of Second Hand Spare Parts.— It shall be unlawful for any
person, office or entity to buy and/or sell any second hand spare parts taken from
a carnapped vehicle.
SECTION 18. Foreign Nationals.— Foreign nationals convicted under the
provisions of this Act shall be deported immediately after service of sentence
without further proceedings by the Bureau of Immigration.
SECTION 19. Reward.— Any person who voluntarily gives information leading

to the recovery of carnapped vehicles and for the apprehension of the persons
charged with carnapping shall be given monetary reward as the PNP may
determine. The PNP shall include in their annual budget the amount necessary to
carry out the purposes of this section. Any information given by informers shall
be treated as confidential matter.
SECTION 20. Implementing Rules and Regulations.— The PNP together with

the Department of Transportation and Communications, LTO, Philippine Coast
Guard, Maritime Industry Authority, Bureau of Customs and relevant motorists
and automotive sectors shall, within sixty (60) days from the effectivity of this Act,
after unanimous approval, promulgate the necessary implementing rules and
regulations to effectively carry out the provisions of this Act, including the setting
up of a coordinated online access and the effective clearance system mentioned
in Section 12 of this Act to expedite motor vehicle data and details verification.
SECTION 21. Separability Clause.— If any provision of this Act is declared

invalid, the remainder of this Act or any provision not affected thereby shall
remain in full force and effect.
SECTION 22. Repealing Clause.— Republic Act No. 6539, otherwise known as

the “Anti-Carnapping Act of 1972”, is hereby repealed. All laws, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby amended or repealed accordingly.
SECTION 23. Effectivity.— This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation,
whichever comes earlier.
Approved,
(Sgd) (Sgd)
FELICIANO BELMONTE JR. FRANKLIN M. DRILON
Speaker of the House of Representatives President of the Senate
This Act was passed by the Senate of the Philippines as Senate Bill No. 2794 on May 23, 2016 and adopted by th
Representatives as an amendment to House Bill No. 4544 on May 23, 2016.
(Sgd)
(Sgd)
MARILYN B. BARUA-YAP
OSCAR G. YABES
Secretary General
Secretary of the Senate
House of Representatives
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND

AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1. Short Title. – This Act shall be known as the "Comprehensive Firearms and
Ammunition Regulation Act".
Section 2. Declaration of State Policy. – It is the policy of the State to maintain peace and
order and protect the people against violence. The State also recognizes the right of its
qualified citizens to self-defense through, when it is the reasonable means to repel the
unlawful aggression under the circumstances, the use of firearms. Towards this end, the
State shall provide for a comprehensive law regulating the ownership, possession, carrying,
manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order to
provide legal support to law enforcement agencies in their campaign against crime, stop the
proliferation of illegal firearms or weapons and the illegal manufacture of firearms or
weapons, ammunition and parts thereof.
Section 3. Definition of Terms. – As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase the

operational efficiency or accuracy of a firearm but will not constitute any of the major
or minor internal parts thereof such as, hut not limited to, laser scope, telescopic
sight and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder,

cartridge case and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least
seventy-five (75) years prior to the current date but not including replicas; (2) firearm
which is certified by the National Museum of the Philippines to be curio or relic of
museum interest; and (3) any other firearm which derives a substantial part of its
monetary value from the fact that it is novel, rare, bizarre or because of its
association with some historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery,

movement or transfer of firearms, their parts and components and ammunition, from
or across the territory of one country to that of another country which has not been
authorized in accordance with domestic law in either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the Philippine

National Police (PNP) authorizing the importation of firearms, or their parts,
ammunition and other components.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or

business entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP
to engage in the business of buying and selling ammunition, firearms or parte
thereof, at wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or

business duly licensed by the FEO of the PNP to engage in the business of
importing ammunition and firearms, or parts thereof into the territory of the Republic
of the Philippines for purposes of sale or distribution under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or

partnership duly licensed by the FEO of the PNP to engage in the business of
manufacturing firearms, and ammunition or parts thereof for purposes of sale or
distribution.
1âwphi1
(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP,

National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency
(PDEA), and all other law enforcement agencies by reason of their mandate and
must be necessarily reported or turned over to the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing

its main purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or employer

wherein the details of the disposition of firearm is spelled-out, thus indicating the
name of the employee, the firearm information, the specific duration and location of
posting or assignment and the authorized bonded firearm custodian for the juridical
entity to whom such firearm is turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light

weapon, that expels or is designed to expel a bullet, shot, slug, missile or any
projectile, which is discharged by means of expansive force of gases from burning
gunpowder or other form of combustion or any similar instrument or implement. For
purposes of this Act, the barrel, frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the compilation of all

data and information on firearms ownership and disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court

order as accessory penalty or for the disposition by the FEO of the PNP of firearms
considered as abandoned, surrendered, confiscated or revoked in compliance with
existing rules and regulations.
(o) Gun club refers to an organization duly registered with and accredited in good

standing by the FEO of the PNP which is established for the purpose of propagating
responsible and safe gun ownership, proper appreciation and use of firearms by its
members, for the purpose of sports and shooting competition, self-defense and
collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business

duly licensed by the FEO of the PNP to engage in the business of repairing firearms
and other weapons or constructing or assembling firearms and weapons from
finished or manufactured parts thereof on a per order basis and not in commercial
quantities or of making minor parts for the purpose of repairing or assembling said
firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so

substantially similar in coloration and overall appearance to an existing firearm as to
lead a reasonable person to believe that such imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the qualifications set
forth in this Act and duly issued with a license to possess or to carry firearms outside
of the residence in accordance with this Act.
(s) Licensed, juridical entity refers to corporations, organizations, businesses

including security agencies and local government units (LGUs) which are licensed to
own and possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols,

rifles and carbines, submachine guns, assault rifles and light machine guns not
exceeding caliber 7.62MM which have fully automatic mode; and Class-B Light
weapons which refer to weapons designed for use by two (2) or more persons
serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as
heavy machine guns, handheld underbarrel and mounted grenade launchers,
portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable
launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft
missile systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to government agencies

or offices or government-owned or -controlled corporations for firearms to be used by
their officials and employees who are qualified to possess firearms as provider in this
Act, excluding security guards.
(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm,

firearm which has been lost or stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than the licensee and those with
revoked licenses in accordance with the rules and regulations.
(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver,

cylinder or the bolt assembly. The term also includes any part or kit designed and
intended for use in converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm other than the major
parts which are necessary to effect and complete the action of expelling a projectile
by way of combustion, except those classified as accessories.
(y) Permit to carry firearm outside of residence refers to a written authority issued to

a licensed citizen by the Chief of the PNP which entitles such person to carry his/her
registered or lawfully issued firearm outside of the residence for the duration and
purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen

or entity by the Chief of the PNP or by a PNP Regional Director which entitles such
person or entity to transport a particular firearm from and to a specific location within
the duration and purpose in the authority.
(aa) Residence refers to the place or places of abode of the licensed citizen as

indicated in his/her license.
(bb) Shooting range refers to a facility established for the purpose of firearms

training and skills development, firearm testing, as well as for sports and competition
shooting either for the exclusive use of its members or open to the general public,
duly registered with and accredited in good standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the

PNP for a government official or employee who was issued by his/her employer
department, agency or government-owned or -controlled corporation a firearm
covered by the long certificate of registration.
(dd) Small arms refer to firearms intended to be or primarily designed for individual

use or that which is generally considered to mean a weapon intended to be fired
from the hand or shoulder, which are not capable of fully automatic bursts of
discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which
includes:
(i) A pistol which is a hand-operated firearm having a chamber integral
with or permanently aligned with the bore which may be self-loading;
and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder

containing chambers for individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder
that can discharge a bullet through a rifled barrel by different actions of
loading, which may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number
of ball shots or a single projectile through a smooth bore by the action or
energy from burning gunpowder.
(ee) Sports shooting competition refers to a defensive, precision or practical sport

shooting competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial

number or other identification or ballistics characteristics have been intentionally
tampered with, obliterated or altered without authority or in order to conceal its
source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging

device which amplifies available thermal signatures so that the viewed scene
becomes clear to the operator which is used to locate and engage targets during
daylight and from low light to total darkness and operates in adverse conditions such
as light rain, light snow, and dry smoke or in conjunction with other optical and red
dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and
Possess Firearms. – In order to qualify and acquire a license to own and possess a firearm
or firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21)
years old and has gainful work, occupation or business or has filed an Income Tax Return
(ITR) for the preceding year as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the
PNP or a registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm
which shall state the personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police
office; and
(g) The applicant has not been convicted or is currently an accused in a pending
criminal case before any court of law for a crime that is punishable with a penalty of
more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the
courts of law shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit
his/her duty detail order to the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person

maintaining its own security force may be issued a regular license to own and possess
firearms and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of
Internal Revenue.
The application shall be made in the name of the juridical person represented by its
President or any of its officers mentioned below as duly authorized in a board resolution to
that effect: Provided, That the officer applying for the juridical entity, shall possess all the
qualifications required of a citizen applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president,
treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall
be subject to additional requirements as may be required by the Chief of the PNP.
Section 6. Ownership of Firearms by the National Government. – All firearms owned by the
National Government shall be registered with the FEO of the PNP in the name of the
Republic of the Philippines. Such registration shall be exempt from all duties and taxes that
may otherwise be levied on other authorized owners of firearms. For reason of national
security, firearms of the Armed Forces of the Philippines (AFP), Coast Guard and other law
enforcement agencies shall only be reported to the FEO of the PNP.
Section 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to

carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is under actual threat or his/her
life is in imminent danger due to the nature of his/her profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under actual threat by
submitting a threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent
danger due to the nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to
high risk of being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the PNP,
shall issue licenses to qualified individuals and to cause the registration of firearms.
Section 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act
and payment of required fees to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the following categories;
Type 1 license – allows a citizen to own and possess a maximum of two (2)
registered firearms;
Type 2 license – allows a citizen to own and possess a maximum of five (5)
Type 3 license – allows a citizen to own and possess a maximum of ten (10)
Type 4 license – allows a citizen to own and possess a maximum of fifteen (15)
registered firearms; and
Type 5 license – allows a citizen, who is a certified gun collector, to own and
possess more than fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security
measures for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.
Section 10. Firearms That May Be Registered. – Only small arms may be registered by
licensed citizens or licensed juridical entities for ownership, possession and concealed
carry. A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the
PNP and other law enforcement agencies authorized by the President in the performance of
their duties: Provided, That private individuals who already have licenses to possess Class-
A light weapons upon the effectivity of this Act shall not be deprived of the privilege to
continue possessing the same and renewing the licenses therefor, for the sole reason that
these firearms are Class "A" light weapons, and shall be required to comply with other
applicable provisions of this Act.
Section 11. Registration of Firearms. – The licensed citizen or licensed juridical entity shall
register his/her/its firearms so purchased with the FEO of the PNP in accordance with the
type of license such licensed citizen or licensed juridical entity possesses. A certificate of
registration of the firearm shall be issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval, record-keeping and
monitoring of firearms with the FEO of the PNP in accordance with the type of license
issued to any person under Section 9 of this Act.
Section 12. License to Possess Ammunition Necessarily Included. – The licenses granted

to qualified citizens or juridical entities as provided in Section 9 of this Act shall include the
license to possess ammunition with a maximum of fifty (50) rounds for each registered
firearm: Provided; That the FEO of the PNP may allow more ammunition to be possessed
by licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. –

Any person desiring to manufacture or deal in firearms, parts of firearms or ammunition
thereof, or instruments and implements used or intended to be used in the manufacture of
firearms, parts of firearms or ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government (DILG) in
the case of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms
parts, ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by such applicant; and the
types of firms, ammunition or implements which the applicant intends to manufacture or
purchase and sell under the license applied for; and such additional information as may be
especially requested by the Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the Secretary of the
DILG or the Chief of the PNP shall indicate the amount of the bond to be executed by the
applicant before the issuance of the license and the period of time by which said license
shall be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary
of the DILG or the Chief of the PNP as the case may be, the same shall be transmitted to
the FEO of the PNP which shall issue the license in accordance with the approved terms
and conditions, upon the execution and delivery by the applicant of the required bond
conditioned upon the faithful compliance on the part of the licensee to the laws and
regulations relative to the business licensed.
Section 14. Scope of License to Manufacture Firearms and Ammunition. – The scope of

the License to Manufacture firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare parts
and accessories, ammunition components, and reloading of ammunitions, within
sites, areas, and factories stated therein. The Secretary of the DILG shall approve
such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture,
such as parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories

necessary for the firearms which the manufacturer is licensed to
manufacture: Provided, That the subcontractor of major parts or major components
is also licensed to manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition components
to be imported shall, however, be limited to those authorized to be manufactured as
reflected in the approved License to Manufacture. The Import Permit shall be under
the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to import various reference firearms

needed to test the ammunition manufactured under the License to Manufacture. A licensed
manufacturer of firearms, on the other hand, is entitled to import various firearms for
reference, test and evaluation for manufacture of similar, types of firearms covered by the
License to Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished

products of firearms and ammunition. The Export Permit of firearms and ammunition shall
be under the administration of the PNP.
Section 15. Registration of Locally Manufactured and Imported Firearms. – Local

manufacturers and importers of firearms and major parts thereof shall register the same as
follows:
(a) For locally manufactured firearms and major parts thereof, the initial registration
shall be done at the manufacturing facility: Provided, That firearms intended for
export shall no longer be subjected to ballistic identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be done upon
arrival at the FEO of the PNP storage facility.
Section 16. License and Scope of License to Deal. – The License to Deal authorizes the
purchase, sale and general business in handling firearms and ammunition, major and minor
parts of firearms, accessories, spare parts, components, and reloading machines, which
shall be issued by the Chief of the PNP.
Section 17. License and Scope of License for Gunsmiths. – The license for gunsmiths shall
allow the grantee to repair registered firearms. The license shall include customization of
firearms from finished or manufactured parts thereof on per order basis and not in
commercial quantities and making the minor parts thereof, i.e. pins, triggers, trigger bows,
sights and the like only for the purpose of repairing the registered firearm. The license for
gunsmiths shall be issued by the Chief of the PNP.
Section 18. Firearms for Use in Sports and Competitions. – A qualified individual shall

apply for a permit to transport his/her registered firearm/s from his/her residence to the firing
range/s and competition sites as may be warranted.
Section 19. Renewal of Licenses and Registration. – All types of licenses to possess a

firearm shall be renewed every two (2) years. Failure to renew the license on or before the
date of its expiration shall cause the revocation of the license and of the registration of the
firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew the
registration of the firearm on or before the date of expiration shall cause the revocation of
the license of the firearm. The said firearm shall be confiscated or forfeited in favor of the
government after due process.
The failure to renew a license or registration within the periods stated above on two (2)
occasions shall cause the holder of the firearm to be perpetually disqualified from applying
for any firearm license. The application for the renewal of the license or registration may be
submitted to the FEO of the PNP, within six (6) months before the date of the expiration of
such license or registration.
Section 20. Inspection and Inventory. – The Chief of the PNP or his/her authorized
representative shall require the submission of reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or importer of firearms and ammunition during
reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND
ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition. – Firearms and
ammunition may only be acquired or purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only from a licensed citizen or licensed
juridical entity to another licensed citizen or licensed juridical entity: Provided, That, during
election periods, the sale and registration of firearms and ammunition and the issuance of
the corresponding licenses to citizens shall be allowed on the condition that the transport or
delivery thereof shall strictly comply with the issuances, resolutions, rules and regulations
promulgated by the Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving From Abroad. – A person arriving in

the Philippines who is legally in possession of any firearm or ammunition in his/her country
of origin and who has declared the existence of the firearm upon embarkation and
disembarkation but whose firearm is not registered in the Philippines in accordance with this
Act shall deposit the same upon written receipt with the Collector of Customs for delivery to
the FEO of the PNP for safekeeping, or for the issuance of a permit to transport if the
person is a competitor in a sports shooting competition. If the importation of the same is
allowed and the party in question desires to obtain a domestic firearm license, the same
should be undertaken in accordance with the provisions of this Act. If no license is desired
or leave to import is not granted, the firearm or ammunition in question shall remain in the
custody of the FEO of the PNP until otherwise disposed of in-accordance with law.
Section 23. Return of Firearms to Owner upon Departure from the Philippines. – Upon the
departure from the Philippines of any person whose firearm or ammunition is in the custody
of the FEO of the PNP, the same shall, upon timely request, be delivered to the person
through the Collector of Customs. In the case of a participant in a local sports shooting
competition, the firearm must be presented to the Collector of Customs before the same is
allowed to be loaded on board the carrier on which the person is to board.
Section 24. Safekeeping of Firearms and Ammunition. – Any licensee may deposit a
registered firearm to the FEO of the PNP, or any Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.
Section 25. Abandoned Firearms and Ammunition. – Any firearm or ammunition deposited

in the custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed
to have been abandoned by the owner or his/her authorized representative if he/she failed
to reclaim the same within five (5) years or failed to advise the FEO of the PNP of the
disposition to be made thereof. Thereafter, the FEO of the PNP may dispose of the same
after compliance with established procedures.
Section 26. Death or Disability of Licensee. – Upon the death or legal disability of the
holder of a firearm license, it shall be the duty of his/her next of kin, nearest relative, legal
representative, or other person who shall knowingly come into possession of such firearm
or ammunition, to deliver the same to the FEO of the PNP or Police Regional Office, and
such firearm or ammunition shall be retained by the police custodian pending the issuance
of a license and its registration in accordance, with this Act. The failure to deliver the firearm
or ammunition within six (6) months after the death or legal disability of the licensee shall
render the possessor liable for illegal possession of the firearm.
Section 27. Antique Firearm. – Any person who possesses an antique firearm shall register
the same and secure a collector’s license from the FEO of the PNP. Proper storage of
antique firearm shall be strictly imposed. Noncompliance of this provision shall be
considered as illegal possession of the firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The

unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three

(3) or more small arms or Class-A light weapons are unlawfully acquired or
possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in
this section shall be imposed upon any person who shall unlawfully possess any
firearm under any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit
the target such as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a small arm or Class-
A light weapon. If the violation of this paragraph is committed by the same person
charged with the unlawful acquisition or possession of a small arm, the former
violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-A light
weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-A light
weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-A light weapon, the former
violation shall be absorbed by the latter;
(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 of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or attempted coup d’ etat.
If the crime is committed by the person without using the loose firearm, the violation of this
Act shall be considered as a distinct and separate offense.
Section 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum
to prision mayor in its medium period shall be imposed upon the owner, president,
manager, director or other responsible officer of/any public or private firm, company,
corporation or entity who shall willfully or knowingly allow any of the firearms owned by such
firm, company, corporation or entity to be used by any person or persons found guilty of
violating the provisions of the preceding section, or willfully or knowingly allow any of them
to use unregistered firearm or firearms without any legal authority to be carried outside of
their residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision

correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any
person who is licensed to own a firearm but who shall carry the registered firearm outside
his/her residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or

Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used
in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty of reclusion
temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully
engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a
major part of a firearm or ammunition, or machinery, tool or instrument used or intended to
be used by the same person in the manufacture of a firearm, ammunition, or a major part
thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by any person whose business, employment or
activity does not lawfully deal with the possession of such article, shall be prima
facie evidence that such article is intended to be used in the unlawful or illegal manufacture
of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium period
shall be imposed upon any laborer, worker or employee of a licensed firearms dealer who
shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the
company manufactures and sells, and other materials used by the company in the
manufacture or sale of firearms or ammunition. The buyer or possessor of such stolen part
or material, who is aware that such part or material was stolen, shall suffer the same
penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership, association or other
juridical entity, the penalty provided for in this section shall be imposed upon the directors,
officers, employees or other officials or persons therein who knowingly and willingly
participated in the unlawful act.
Section 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed upon

any person who shall engage or participate in arms smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of Firearms Identification. – The penalty

of prision correccional to prision mayor in its minimum period shall be imposed upon any
person who shall tamper, obliterate or alter without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including the name of the maker, model, or serial
number of any firearm, or who shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual or peculiar identifying
characteristics essential in forensic examination of a firearm or light weapon.
The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the PNP
Crime Laboratory for future use and identification of a particular firearm.
Section 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a

crime shall be considered a real firearm as defined in this Act and the person who
committed the crime shall be punished in accordance with this Act: Provided, That injuries
caused on the occasion of the conduct of competitions, sports, games, or any recreation
activities involving imitation firearms shall not be punishable under this Act.
Section 36. In Custodia Legis. – During the pendency of any case filed in violation of this
Act, seized firearm, ammunition, or parts thereof, machinery, tools or instruments shall
remain in the custody of the court. If the court decides that it has no adequate means to
safely keep the same, the court shall issue an order to turn over to the PNP Crime
Laboratory such firearm, ammunition, or parts thereof, machinery, tools or instruments in its
custody during the pendency of the case and to produce the same to the court when so
ordered. No bond shall be admitted for the release of the firearm, ammunition or parts
thereof, machinery, tool or instrument. Any violation of this paragraph shall be punishable
by prision mayor in its minimum period to prision mayor in its medium period.
Section 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of this
Act shall carry with it the accessory penalty of confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or instrument in favor of the government which
shall be disposed of in accordance with law.
Section 38. Liability for Planting Evidence. – The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or covert act, any firearm, or
ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or incriminating the person, or imputing the
commission of any violation of the provisions of this Act to said individual. If the person
found guilty under this paragraph is a public officer or employee, such person shall suffer
the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. –

The Chief of the PNP or his/her authorized representative may revoke, cancel or suspend a
license or permit on the following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of major

parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence
or workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise
known as the "Comprehensive Dangerous Drugs Act of 2002″;
(h) Submission of falsified documents or misrepresentation in the application to

obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who fails
to report to the FEO of the PNP that the subject firearm has been lost or stolen within a
period of thirty (30) days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person
holding a valid firearm license who changes residence or office address other than that
indicated in the license card and fails within a period of thirty (30) days from said transfer to
notify the FEO of the PNP of such change of address.
Section 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to transfer

possession of any firearm to any person who has not yet obtained or secured the necessary
license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who shall violate the
provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a
license to possess other firearms and all his/her existing firearms licenses whether for
purposes of commerce or possession, shall be revoked. If government-issued firearms,
ammunition or major parts of firearms or light weapons are unlawfully disposed, sold or
transferred by any law enforcement agent or public officer to private individuals, the penalty
of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the registration of a firearm
through fraud, deceit, misrepresentation or submission of falsified documents shall suffer
the penalty of prision correccional.
ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. – The FEO of the PNP shall be the sole repository of all
firearms records to include imported and locally manufactured firearms and ammunition.
Within one (1) year upon approval of this Act, all military and law enforcement agencies,
government agencies, LGUs and government-owned or -controlled corporations shall
submit an inventory of all their firearms and ammunition to the PNP.
Section 43. Final Amnesty. – Persons in possession of unregistered firearms and holders

of expired license or unregistered firearms shall register and renew the same through the
Final General Amnesty within six (6) months from the promulgation of the implementing
rules and regulations of this Act. During the interim period of six (6) months, no person
applying for license shall be charged of any delinquent payment accruing to the firearm
subject for registration. The PNP shall conduct an intensive nationwide campaign to ensure
that the general public is properly informed of the provisions of this Act.
Section 44. Implementing Rules and Regulations. – Within one hundred twenty (120) days
from the effectivity of this Act, the Chief of the PNP, after public hearings and consultation
with concerned sectors of society shall formulate the necessary rules and regulations for the
effective implementation of this Act to be published in at least two (2) national newspapers
of general circulation.
Section 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of Presidential

Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294 and all other laws,
executive orders, letters of instruction, issuances, circulars, administrative orders, rules or
regulations that are inconsistent herewith.
Section 46. Separability Clause. – If any provision of this Act or any part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.
Section 47. Effectivity. – This Act shall take effect after fifteen (15) days from its publication
in a newspaper of nationwide circulation.
Approved,
(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.
President of the Senate Speaker of the House of
Representatives
This Act which is a consolidation of Senate Bill No. 3397 and House Bill No. 5484 was
finally passed by the Senate and the House of Representatives on February 4, 2013 and
February 5, 2013, respectively.
(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
Approved: May 29, 2013
(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
REPUBLIC ACT NO. 10630
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES,

AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS
THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING
FUNDS THEREFOR

assembled:
Section 1. The Title of Republic Act No. 9344 is hereby amended to read as follows: "An
Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the
Juvenile justice and Welfare Council under the Department of Social Welfare and
Development, Appropriating Funds Therefor, and for Other Purposes."
Section 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 4. Definition of Terms. – The following terms as used in this Act shall be
defined as follows:
"x x x
"(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded

and managed by local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for
children in conflict with the law who are above fifteen (15) but below eighteen (18)
years of age who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.
"Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and

support center. This will cater to children in conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.
"A multi-disciplinary team composed of a social worker, a psychologist/mental health

professional, a medical doctor, an educational/guidance counselor and a Barangay
Council for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-
asa’. The team will work on the individualized intervention plan with the child and the
child’s family.
"x x x."
"SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age
or under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act.
"A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.
"A child above fifteen (15) years but below eighteen (18) years of age shall likewise
be exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to
the appropriate proceedings in accordance with this Act.
"The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws."
"SEC. 8. Juvenile Justice and Welfare Council (JJWC). – A Juvenile Justice and
Welfare Council (JJWC) is hereby created and attached to the Department of Social
Welfare and Development and placed under its administrative supervision. The
JJWC shall be chaired by an Undersecretary of the Department of Social Welfare
and Development. It shall ensure the effective implementation of this Act and
coordination among the following agencies:
"(a) Department of Justice (DOJ);
"(b) Council for the Welfare of Children (CWC);
"(c) Department of Education (DepED);

"(d) Department of the Interior and Local Government (DILG);
"(e) Public Attorney’s Office (PAO);
"(f) Bureau of Corrections (BUCOR);
"(g) Parole and Probation Administration (PPA);
"(h) National Bureau of Investigation (NBI);
"(i) Philippine National Police (PNP);
"(j) Bureau of Jail Management and Penology (BJMP);
"(k) Commission on Human Rights (CHR);
"(l) Technical Education and Skills Development Authority (TESDA);
"(m) National Youth Commission (NYC); and
"(n) Other institutions focused on juvenile justice and intervention programs.
"The JJWC shall be composed of representatives, whose ranks shall not be lower
than director, to be designated by the concerned heads of the following departments
or agencies and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations:
"(1) Department of Justice (DOJ);
"(2) Department of Social Welfare and Development (DSWD);
"(3) Council for the Welfare of Children (CWC);
"(4) Department of Education (DepED);
"(5) Department of the Interior and Local Government (DILG);
"(6) Commission on Human Rights (CHR);
"(7) National Youth Commission (NYC);
"(8) Two (2) representatives from NGOs, to be designated by the Secretary of

Social Welfare and Development, to be selected based on the criteria
established by the Council;
"(9) Department of Health (DOH); and

"(10) One (1) representative each from the League of Provinces, League of
Cities, League of Municipalities and League of Barangays.
"There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in

each region. The RJJWCs will be under the administration and supervision of the
JJWC. The RJJWC shall be chaired by the director of the regional office of the
DSWD. It shall ensure the effective implementation of this Act at the regional and
LGU levels and the coordination among its member agencies.
"The RJJWC will be composed of permanent representatives who shall have a rank
not lower than an assistant regional director or its equivalent to be designated by the
concerned department heads from the following agencies and shall receive
emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations:
"(i) Department of Justice (DOJ);
"(ii) Department of Social Welfare and Development (DSWD);
"(iii) Department of Education (DepED);
"(iv) Department of the Interior and Local Government (DILG);
"(v) Commission on Human Rights (CHR);
"(vi) Department of Health (DOH);
"(vii) Two (2) representatives from NGOs operating within the region selected
by the RJJWC based on the criteria established by the JJWC;
"(viii) One (1) sectoral representative from the children or youth sector within
the region; and
"(ix) One (1) representative from the League of Provinces/ Cities/

Municipalities/ Barangays of the Philippines.
"The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Social Welfare and Development shall determine the organizational
structure and staffing pattern of the JJWC national secretariat and the RJJWC
secretariat.
"In the implementation of this Act, the JJWC shall consult with the various leagues of
local government officials.
"The JJWC shall coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy to ensure the realization of its mandate and the proper
discharge of its duties and functions, as herein provided."
Section5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 9. Duties and Functions of the JJWC. – The JJWC shall have the following
duties and functions:
"(a) To oversee the implementation of this Act;
"(b) To advise the President on all matters and policies relating to juvenile
justice and welfare;
"(c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the
provisions of this Act;
"(d) To periodically develop a comprehensive 3 to 5-year national juvenile

intervention program, with the participation of government agencies
concerned, NGOs and youth organizations;
"(e) To coordinate the implementation of the juvenile intervention programs

and activities by national government agencies and other activities which may
have an important bearing on the success of the entire national juvenile
intervention program. All programs relating to juvenile justice and welfare
shall be adopted in consultation with the JJWC;
"(f) To consult with the various leagues of local government officials in the
formulation and recommendation of policies and strategies for the prevention
of juvenile delinquency and the promotion of juvenile justice and welfare;
"(g) To formulate and recommend policies and strategies in consultation with

children for the prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the children in conflict
with the law;
"(h) To collect relevant information and conduct continuing research and

support evaluations and studies on all matters relating to juvenile justice and
welfare, such as, but not limited to:
"(1) The performance and results achieved by juvenile intervention

programs and by activities of the local government units and other
government agencies;
"(2) The periodic trends, problems and causes of juvenile delinquency

and crimes; and
"(3) The particular needs of children in conflict with the law in custody.
"The data gathered shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.
"The JJWC shall submit an annual report to Congress on the implementation
of the provisions of this Act.
"The JJWC shall set up a mechanism to ensure that children are involved in
research and policy development.
"(i) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention
and rehabilitation facilities and to undertake spot inspections on their own
initiative in order to check compliance with the standards provided herein and
to make the necessary recommendations to appropriate agencies;
"(j) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program;
"(k) To submit an annual report to the President on the implementation of this

Act; and
"(l) To perform such other functions as may be necessary to implement the

provisions of this Act."
"SEC. 9-A. Duties and Functions of the RJJWC. – The RJJWC shall have the
following duties and functions:
"(a) To oversee and ensure the effective implementation of this Act at the
regional level and at the level of the LGUs;
"(b) To assist the concerned agencies in the implementation and in

compliance with the JJWC’s adopted policies/regulations or provide
substantial inputs to the JJWC in the formulation of new ones in line with the
provisions of this Act;
"(c) To assist in the development of the comprehensive 3 to 5-year local

juvenile intervention program, with the participation of concerned LGUs,
NGOs and youth organizations within the region and monitor its
implementation;
"(d) To coordinate the implementation of the juvenile intervention programs

and activities by national government agencies and other activities within the
region;
"(e) To oversee the programs and operation of the intensive juvenile

intervention and support center established within the region;
"(f) To collect relevant regional information and conduct continuing research

and support evaluations and studies on all matters relating to juvenile justice
and welfare within the region, such as, but not limited to:
"(1) Performance and results achieved by juvenile intervention
programs and by activities of the LGUs and other government
agencies within the region;
"(2) The periodic trends, problems and causes of juvenile delinquency

and crimes from the LGU level to the regional level; and
"(3) The particular needs of children in conflict with the law in custody
within their regional jurisdiction.
"The data gathered shall be forwarded by the RJJWC to the JJWC on an

annual basis and as may be deemed necessary by the JJWC.
"(g) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention
and rehabilitation facilities within the region and to undertake spot inspections
on their own initiative in order to check compliance with the standards
provided herein and to make the necessary reports and recommendations to
appropriate agencies and to the JJWC;
"(h) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program within the region;
"(i) To submit an annual report to the JJWC on the implementation of this Act;
and
"(j) To perform such other functions as may be determined by the JJWC to

implement the provisions of this Act."
"SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been

determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child, in consultation with the local
social welfare and development officer, has the duty to immediately release the child
to the custody of his/her parents or guardian, or in the absence thereof, the child’s
nearest relative. The child shall be subjected to a community-based intervention
program supervised by the local social welfare and development officer, unless the
best interest of the child requires the referral of the child to a youth care facility or
‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored
by the DSWD.
"The local social welfare and development officer shall determine the appropriate
programs for the child who has been released, in consultation with the child and the
person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any
of the following:
"(a) A duly registered nongovernmental or religious organization;
"(b) A barangay official or a member of the Barangay Council for the

Protection of Children (BCPC);
"(c) A local social welfare and development officer; or, when and where
appropriate, the DSWD.
"If the child has been found by the local social welfare and development officer to be
dependent, abandoned, neglected or abused by his/her parents and the best interest
of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’,
the child’s parents or guardians shall execute a written authorization for the voluntary
commitment of the child: Provided, That if the child has no parents or guardians or if
they refuse or fail to execute the written authorization for voluntary commitment, the
proper petition for involuntary commitment shall be immediately filed by the DSWD
or the Local Social Welfare and Development Office (LSWDO) pursuant to
Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth
Welfare Code’ and the Supreme Court rule on commitment of children: Provided,
further, That the minimum age for children committed to a youth care facility or
‘Bahay Pag-asa’ shall be twelve (12) years old."
"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal
Responsibility. – A child who is above twelve (12) years of age up to fifteen (15)
years of age and who commits parricide, murder, infanticide, kidnapping and serious
illegal detention where the victim is killed or raped, robbery, with homicide or rape,
destructive arson, rape, or carnapping where the driver or occupant is killed or raped
or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of
2002) punishable by more than twelve (12) years of imprisonment, shall be deemed
a neglected child under Presidential Decree No. 603, as amended, and shall be
mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-
asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).
"In accordance with existing laws, rules, procedures and guidelines, the proper
petition for involuntary commitment and placement under the IJISC shall be filed by
the local social welfare and development officer of the LGU where the offense was
committed, or by the DSWD social worker in the local social welfare and
development officer’s absence, within twenty-four (24) hours from the time of the
receipt of a report on the alleged commission of said child. The court, where the
petition for involuntary commitment has been filed shall decide on the petition within
seventy-two (72) hours from the time the said petition has been filed by the
DSWD/LSWDO. The court will determine the initial period of placement of the child
within the IJISC which shall not be less than one (1) year. The multi-disciplinary team
of the IJISC will submit to the court a case study and progress report, to include a
psychiatric evaluation report and recommend the reintegration of the child to his/her
family or the extension of the placement under the IJISC. The multi-disciplinary team
will also submit a report to the court on the services extended to the parents and
family of the child and the compliance of the parents in the intervention program. The
court will decide whether the child has successfully completed the center-based
intervention program and is already prepared to be reintegrated with his/her family or
if there is a need for the continuation of the center-based rehabilitation of the child.
The court will determine the next period of assessment or hearing on the
commitment of the child."
"SEC. 20-B. Repetition of Offenses. – A child who is above twelve (12) years of age
up to fifteen (15) years of age and who commits an offense for the second time or
oftener: Provided, That the child was previously subjected to a community-based
intervention program, shall be deemed a neglected child under Presidential Decree
No. 603, as amended, and shall undergo an intensive intervention program
supervised by the local social welfare and development officer: Provided,
further, That, if the best interest of the child requires that he/she be placed in a youth
care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a
written authorization for the voluntary commitment of the child: Provided, finally, That
if the child has no parents or guardians or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper petition for involuntary
commitment shall be immediately filed by the DSWD or the LSWDO pursuant to
Presidential Decree No. 603, as amended."
"SEC. 20-C. Exploitation of Children for Commission of Crimes. – Any person who,

in the commission of a crime, makes use, takes advantage of, or profits from the use
of children, including any person who abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of the vulnerabilities of the child and shall
induce, threaten or instigate the commission of the crime, shall be imposed the
penalty prescribed by law for the crime committed in its maximum period."
"SEC. 20-D. Joint Parental Responsibility. – Based on the recommendation of the

multi-disciplinary team of the IJISC, the LSWDO or the DSWD, the court may require
the parents of a child in conflict with the law to undergo counseling or any other
intervention that, in the opinion of the court, would advance the welfare and best
interest of the child.
"As used in this Act, ‘parents’ shall mean any of the following:
"(a) Biological parents of the child; or
"(b) Adoptive parents of the child; or
"(c) Individuals who have custody of the child.
"A court exercising jurisdiction over a child in conflict with the law may require the
attendance of one or both parents of the child at the place where the proceedings
are to be conducted.
"The parents shall be liable for damages unless they prove, to the satisfaction of the
court, that they were exercising reasonable supervision over the child at the time the
child committed the offense and exerted reasonable effort and utmost diligence to
prevent or discourage the child from committing another offense."
"SEC. 20-E. Assistance to Victims of Offenses Committed by Children. – The victim
of the offense committed by a child and the victim’s family shall be provided the
appropriate assistance and psychological intervention by the LSWDO, the DSWD
and other concerned agencies."
"SEC. 22. Duties During Initial Investigation. – The law enforcement officer shall, in
his/her investigation, determine where the case involving the child in conflict with the
law should be referred.
"The taking of the statement of the child shall be conducted in the presence of the
following: (1) child’s counsel of choice or in the absence thereof, a lawyer from the
Public Attorney’s Office; (2) the child’s parents, guardian, or nearest relative, as the
case may be; and (3) the local social welfare and development officer. In the
absence of the child’s parents, guardian, or nearest relative, and the local social
welfare and development officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group, or member of the BCPC.
"The social worker shall conduct an initial assessment to determine the appropriate
interventions and whether the child acted with discernment, using the discernment
assessment tools developed by the DSWD. The initial assessment shall be without
prejudice to the preparation of a more comprehensive case study report. The local
social worker shall do either of the following:
"(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or
below or above fifteen (15) but below eighteen (18) years old, who acted
without discernment; and
"(b) If the child is above fifteen (15) years old but below eighteen (18) and
who acted with discernment, proceed to diversion under the following
chapter."
"SEC. 33. Preliminary Investigation and Filing of Information. – The prosecutor shall

conduct a preliminary investigation in the following instances: (a) when the child in
conflict with the law does not qualify for diversion; (b) when the child, his/her parents
or guardian does not agree to diversion as specified in Sections 27 and 28; and (c)
when considering the assessment and recommendation of the social worker, the
prosecutor determines that diversion is not appropriate for the child in conflict with
the law.
"Upon serving the subpoena and the affidavit of complaint, the prosecutor shall

notify the Public Attorney’s Office of such service, as well as the personal
information, and place of detention of the child in conflict with the law.
"Upon determination of probable cause by the prosecutor, the information against
the child shall be filed before the Family Court within forty-five (45) days from the
start of the preliminary investigation. The information must allege that the child acted
with discernment."
"SEC. 49. Establishment of ‘Bahay Pag-Asa’. – Each province and highly-urbanized

city (the LGUs) shall be responsible for building, funding and operating a ‘Bahay
Pag-asa’ within their jurisdiction following the standards that will be set by the DSWD
and adopted by the JJWC.
"Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This Center will
be allocated for children in conflict with the law in accordance with Sections 20, 20-A
and 20-B hereof. These children will be required to undergo a more intensive multi-
disciplinary intervention program. The JJWC in partnership with, but not limited to,
the DSWD, the DOH, the DepED and the DILG, will develop and set the standards
for the implementation of the multi-disciplinary intervention program of the IJISC.
Upon institutionalization of the IJISC program, the JJWC will continue to monitor and
provide technical assistance to the multi-disciplinary teams operating the said
centers."
"SEC. 50. Care and Maintenance of the Child in Conflict with the Law. – x x x
"The LGUs expected expenditures on the local juvenile intervention program for
children at risk and children in conflict with the law shall be included in the LGUs
annual budget. Highly-urbanized cities and provincial governments should include a
separate budget for the construction and maintenance of the ‘Bahay Pag-asa’
including the operation of the IJISC within the ‘Bahay Pag-asa’."
"SEC. 57. Status Offenses. – Any conduct not considered an offense or not

penalized if committed by an adult shall not be considered an offense and shall not
be punished if committed by a child."
"SEC. 57-A. Violations of Local Ordinances. – Ordinances enacted by local

governments concerning juvenile status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as
well as light offenses and misdemeanors against public order or safety such as, but
not limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public
urination, and trespassing, shall be for the protection of children. No penalty shall be
imposed on children for said violations, and they shall instead be brought to their
residence or to any barangay official at the barangay hall to be released to the
custody of their parents. Appropriate intervention programs shall be provided for in
such ordinances. The child shall also be recorded as a ‘child at risk’ and not as a
‘child in conflict with the law’. The ordinance shall also provide for intervention
programs, such as counseling, attendance in group activities for children, and for the
parents, attendance in parenting education seminars."
Section 12. Mandatory Registry of Children in Conflict with the Law. – All duty-bearers,
including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social
workers and prosecutors who will receive report, handle or refer cases of children in conflict
with the law, shall ensure a faithful recordation of all pertinent information, such as age,
residence, gender, crime committed or accused of and the details of the intervention or
diversion, as the case may be, under which they will undergo or has undergone, of all
children in conflict with the law to guarantee the correct application of the provisions of this
Act and other laws. The JJWC shall lead in the establishment of a centralized information
management system on children in conflict with the law. This provision is however without
prejudice to Section 43 of this Act.
"SEC. 63. Appropriations. – The amount necessary to carry out the provisions of this
Act shall be charged against the current year’s appropriations of the JJWC under the
budget of the Department of Justice. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the budget of the
DSWD under the annual General Appropriations Act: Provided, That the amount of
Four hundred million pesos (P400,000,000.00) shall be appropriated for the
construction of ‘Bahay Pag-asa’ rehabilitation centers in provinces or cities with high
incidence of children in conflict with the law to be determined and identified by the
DSWD and the JJWC on a priority basis: Provided, further, That the said amount
shall be coursed through the Department of Public Works and Highways (DPWH) for
its proper implementation.
"The LGUs concerned shall make available, from its own resources or assets, their
counterpart share equivalent to the national government contribution of Five million
pesos (P5,000,000.00) per rehabilitation center.
"In addition, the Council may accept donations, grants and contributions from various
sources, in cash or in kind, for purposes relevant to its functions, subject to the usual
government accounting and auditing rules and regulations."
Section 14. Implementing Rules and Regulations. – The JJWC shall promulgate the
necessary rules and regulations within sixty (60) days from the effectivity of this Act.
Section 15. Separability Clause. – If any provision of this Act is held unconstitutional, other
provisions not affected thereby shall remain valid and binding.
Section 16. Repealing Clause. – All laws, decrees, ordinances and rules inconsistent with
the provisions of this Act are hereby modified or repealed accordingly.
Section 17. Effectivity Clause. – This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.
Approved,
(Sgd.) JINGGOY EJERCITO (Sgd.) FELICIANO BELMONTE JR.

ESTRADA Speaker of the House of
Acting Senate President Representatives
finally passed by the Senate and the House of Representatives on June 5, 2013.
(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of the Senate Secretary General
Approved: OCT 03 2013
(Sgd.) BENIGNO S. AQUINO III

REPUBLIC ACT No. 10707
AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE

“PROBATION LAW OF 1976”, AS AMENDED

assembled:
SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may,
after it shall have convicted and sentenced a defendant for a probationable penalty and
upon application by said defendant within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation for such period and upon
such terms and conditions as it may deem best. No application for probation shall be
entertained or granted if the defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified through the imposition of a
probationable penalty, the defendant shall be allowed to apply for probation based on the
modified decision before such decision becomes final. The application for probation based
on the modified decision shall be filed in the trial court where the judgment of conviction
imposing a non-probationable penalty was rendered, or in the trial court where such case
has since been re-raffled. In a case involving several defendants where some have taken
further appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of conviction.
“The trial court shall, upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.
“This notwithstanding, the accused shall lose the benefit of probation should he seek a
review of the modified decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a fine
only. The filing of the application shall be deemed a waiver of the right to appeal. 1âwphi1
“An order granting or denying probation shall not be appealable.”
SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read
as follows:
“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to
those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6)
years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense

punished by imprisonment of more than six (6) months and one (1) day
and/or a fine of more than one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree;
and
“e. who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof.”
SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to

read as follows:
“SEC. 16. Termination of Probation. — After the period of probation and upon

consideration of the report and recommendation of the probation officer, the court
may order the final discharge of the probationer upon finding that he has fulfilled the
terms and conditions of his probation and thereupon the case is deemed terminated.
“The final discharge of the probationer shall operate to restore to him all civil rights
lost or suspended as a result of his conviction and to totally extinguish his criminal
liability as to the offense for which probation was granted.
“The probationer and the probation officer shall each be furnished with a copy of
such order.”
SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:
“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation

Officers. — Regional, Provincial or City Probation Officers shall have the authority
within their territorial jurisdiction to administer oaths and acknowledgments and to
take depositions in connection with their duties and functions under this Decree.
They shall also have, with respect to probationers under their care, the powers of a
police officer. They shall be considered as persons in authority.”
“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City

Probation Officers shall be assisted by such field assistants and subordinate
personnel as may be necessary to enable them to carry out their duties effectively.”
“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation

and Parole Officers in the supervised treatment program of the probationers, the
Probation Administrator may appoint citizens of good repute and probity, who have
the willingness, aptitude, and capability to act as VPAs.
“VPAs shall not receive any regular compensation except for reasonable
transportation and meal allowances, as may be determined by the Probation
Administrator, for services rendered as VPAs.
“They shall hold office for a two (2)-year term which may be renewed or recalled
anytime for a just cause. Their functions, qualifications, continuance in office and
maximum case loads shall be further prescribed under the implementing rules and
regulations of this Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city
probation office. In order to strengthen the functional relationship of VPAs and the
Probation Administrator, the latter shall encourage and support the former to
organize themselves in the national, regional, provincial, and city levels for effective
utilization, coordination, and sustainability of the volunteer program.”
SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the
provisions hereof not affected by such declaration shall remain in full force and effect.
SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules
and regulations or parts thereof which are inconsistent with this Act are hereby amended,
repealed or modified accordingly.
SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions of
this Act shall be included in the General Appropriations Act of the year following its
enactment into law.
SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the
approval of this Act, the Department of Justice shall promulgate such rules and regulations
as may be necessary to carry out the provisions of this Act.
SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the
Official Gazette or in two (2) newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR. (Sgd.) FRANKLIN M. DRILON

Speaker of the House President of the Senate
of Representatives
finally passed by the Senate and the House of Representatives on September 15, 2015 and
September 14, 2015, respectively.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) OSCAR B. YABES

Secretary General Secretary of the Senate
Approved: NOV 26 2015
(Sgd.) BENIGNO S. AQUINO, III


Criminal Law

Uploaded by

Copyright:

Available Formats

You might also like

Criminal Law

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Criminal Law

Uploaded by

Copyright:

Available Formats

PRESIDENTIAL DECREE No.

AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its

1. Any ammunition factory and other establishment where explosives,

2. Any archive, museum, whether public or private, or any edifice

3. Any church or place of worship or other building where people usually

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance

6. Any building, whether used as a dwelling or not, situated in a

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to

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,

4. Any plantation, farm, pastureland, growing crop, grain field, orchard,

5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any

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

The offense is committed by a syndicate if its is planned or carried out by a

Section 5. Where Death Results from Arson. If by reason of or on the occasion

Section 6. Prima Facie evidence of Arson. Any of the following circumstances

2. If substantial amount of flammable substances or materials are stored

3. If gasoline, kerosene, petroleum or other flammable or combustible

4. If the building or property is insured for substantially more than its

4. If during the lifetime of the corresponding fire insurance policy more

5. If shortly before the fire, a substantial portion of the effects insured

6. If a demand for money or other valuable consideration was made

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be

Section 8. Confiscation of Object of Arson. The building which is the object of

Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the

Section 10. Effectivity. This Decree shall take effect immediately upon

REPUBLIC ACT NO. 7659

AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS

WHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1)

Section 1. Declaration of Policy. – It is hereby declared the policy of the State

No person shall be convicted of treason unless on the testimony of two

Likewise, an alien, residing in the Philippines, who commits acts of treason as

2. Whenever the pirates have abandoned their victims without means of

3. Whenever the crime is accompanied by murder, homicide, physical injuries

Section 6. Article 248 of the same Code is hereby amended to read as

2. In consideration of a price, reward or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a

4. On occasion of any of the calamities enumerated in the preceding

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the

Section 7. Article 255 of the same Code is hereby amended to read as

Section 8. Article 267 of the same Code is hereby amended to read as

2. If it shall have been committed simulating public authority.

4. If the person kidnapped or detained shall be a minor, except when the

Section 9. Article 294 of the same Code is hereby amended to read as

“Art. 294. Robbery with violence against or intimidation of persons – Penalties.

1. The penalty of reclusion perpetua to death, when by reason or on occasion

2. The penalty of reclusion temporal in its medium period to reclusion

3. The penalty of reclusion temporal, when by reason or on occasion of the

4. The penalty of prision mayor in its maximum period to reclusion temporal in

5. The penalty of prision correccional in its maximum period to prision mayor