SALIENT PROVISIONS OF PD 532

(ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974)

I. OBJECTIVE

Piracy or highway robbery/brigandage are among the highest forms of lawlessness, which
shall be discouraged by the provisions of PD 532 through imposition of heavy penalty
against the offenders.

II. TERMS AND DEFINITIONS (PD 532, Section 2)

1) Philippine Waters – areas which the Philippines has sovereignty or jurisdiction.

2) Vessel – any vessel or watercraft used for transportation of passengers and cargo via
Philippines Waters; including all kinds and types of vessels used in fishing.

3) Philippine Highway – any railroad within the Philippines used by persons or vehicles
for transportation of persons, goods, articles, or property.

4) Piracy – any attack or seizure of any vessel, or taking away of the whole or part
thereof or its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof. Said act uses means of violence or
intimidation of persons, or force upon things, committed by any person, including a
passenger of member of the complement of said vessel, in Philippines waters.

5) Highway Robbery/Brigandage – seizure of any person for ransom, extortion or other

unlawful purposes, or the taking away of the property of another by means of violence
against or intimidation of person or force upon things of other unlawful means. Said
act is committed by any person on any Philippine Highway.

III. PENALTIES (PD 532, Section 3)

 Highway Robbery/
Underlying Condition(s) Piracy
Brigandage

Reclusion temporal in Reclusion temporal

Conviction as defined in its medium and in its minimum
PD 532 maximum periods period

Reclusion temporal
With physical injuries or
Reclusion perpetua in its medium and
other crimes committed
maximum

With rape, murder or

Death Death
homicide

With kidnapping for ransom

NA Death
or extortion

When the offenders

abandoned the victims
without means of saving
themselves, or when the Death NA
seizure is accomplished by
firing upon or boarding a
vessel

IV. AIDING AND ABETTING PIRATES OR HIGHWAY ROBBERS/BRIGANDS (PD

532 Section 4)

The following shall be considered accomplice of the principal offenders and shall be
punished with the Rules prescribed by the Revised Penal Code:

1) Any person who knowingly and in any manner aids or protects pirates or highway
robbers/brigands e.g. giving of information about the movement of police or peace
officers of the government.

2) Any person who acquires, receives, or benefits from the property taken by such pirates or
brigands.

3) Any person who directly or indirectly abets the commission of piracy or highway robbery
or brigandage.
It shall be presumed that any person who does any of the acts aforementioned has
performed them knowingly, unless the contrary is proven.
 SALIENT PROVISIONS OF RA 6235
(AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND
FOR OTHER PURPOSES)

I. TERMS AND DEFINITIONS

1) Aircraft in flight - from the moment all its external doors are closed following
embarkation until any of such doors is opened for disembarkation.

2) Explosive - any substance, either solid or liquid, mixture or single compound, which by
chemical reaction liberates heat and gas at high speed and causes tremendous pressure
resulting in explosion.

3) Flammable - any substance or material that is highly combustible and self-igniting by

chemical reaction.

4) Corrosive - any substance or material, either liquid, solid or gaseous, which through
chemical reaction wears away, impairs or consumes any object.

5) Poisonous - any substance or materials, except medicinal drug, either liquid, solid or
gaseous, which through chemical reactions kills, injures or impairs a living organism or
person.

II. UNLAWFUL ACTS AS DEFINED, AND CORRESPONDING PENALTIES

Unlawful Act as defined in RA 6235 Penalties

Compel a change in the course or

destination of an aircraft of Philippine
registry, or to seize or usurp the control
Imprisonment of not less than 12 years but
thereof, while it is in flight.
not more than 20 years, or by a one of not
less than PhP20,000 but not more than
Compel an aircraft of foreign registry to
PhP40,000. (RA 6235, Section 2)
land in Philippine territory or to seize or
usurp the control thereof while it is within
the said territory.
Any person committing violations
aforementioned under any of the following
circumstances:
1. Whenever he has fired upon the pilot,
member of the crew or passenger of the
Imprisonment of 15 years to death, or a
aircraft;
fine of not less than PhP25,000 but not
2. Whenever he has exploded or attempted
more than PhP50,000.
to explode any bomb or explosive to
destroy the aircraft; or
3. Whenever the crime is accompanied by
murder, homicide, serious physical injuries
or rape.
Any person, natural or juridical, to ship,
load or carry in any passenger aircraft
operating as a public utility within the
Philippines, any explosive, flammable,
corrosive or poisonous substance or
material. (RA 6235, Section 3)
The shipping, loading or carrying of any
substance or material in any cargo aircraft
operating as a public utility within the
Philippines shall be in accordance with
regulations issued by the Civil Aeronautics
Administration. (RA 6235, Section 4)
Imprisonment of at least 5 years but not
more than 10 years or a fine of not less than
PhP10,000 but not more than PhP20,000.
Provided that:
a) If the violation is committed by a
juridical person, the penalty shall be
imposed upon the manager,
representative, director, agent or
employee who violated, or caused,
directed, cooperated or participated in
the violation thereof.
b) In case the violation is committed in
the interest of a foreign corporation
legally doing business in the
Philippines, the penalty shall be
imposed upon its resident agent,
manager, representative or director
responsible for such violation and in
addition thereto, the license of said
corporation to do business in the
Philippines shall be revoked.
For any death or injury to persons or
damage to property resulting from a
violation of Sections 3 or 4, the person
responsible therefor may be held liable in
accordance with the applicable provisions
of the Revised Penal Code.
 Any violation of Section 4 hereof shall be
an offense punishable with the minimum of
the penalty.

(RA 6235, Sections 6 and 7)

III. AUTHORITY OF AIRCRAFT COMPANIES, AS PROVIDED IN THIS ACT

1) Aircraft companies which operate as public utilities or operators of aircraft which are for
hire are authorized to open and investigate suspicious packages and cargoes in the
presence of the owner or shipper, or his authorized representatives if present; in order to
help the authorities in the enforcement of the provisions of this Act.

If the owner, shipper or his representative refuses to have the same opened and inspected,
the airline or air carrier is authorized to refuse the loading thereof.

(RA 6235, Section 8).

2) Every ticket issued to a passenger by the airline or air carrier concerned shall contain
among others the following condition printed thereon:

"Holder hereof and his hand-carried luggage(s) are subject to search for, and
seizure of, prohibited materials or substances. Holder refusing to be searched shall
not be allowed to board the aircraft,"

which shall constitute a part of the contract between the passenger and the air carrier (RA
6235, Section 9).
 SALIENT PROVISIONS OF RA 9372
(HUMAN SECURITY ACT of 2007)

I. OBJECTIVE

This Act declared that TERRORISM is a crime against the Filipino people, against humanity,
and against the law of nations.

II. TERRORISM, DEFINED

Any person who commits an act punishable under any of the following provisions:

1) Revised Penal Code:

a) Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters)

b) Article 134 (Rebellion or Insurrection)

c) Article 134-a (Coup d'Etat), including acts committed by private persons

d) Article 248 (Murder)

e) Article 267 (Kidnapping and Serious Illegal Detention)

f) Article 324 (Crimes Involving Destruction)

2) Special Laws

a) Presidential Decree No. 1613 (The Law on Arson)

b) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act
of 1990)

c) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968)

d) Republic Act No. 6235 (Anti-Hijacking Law)

e) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974)

f) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives).
thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand.
III. PENALTIES FOR CONVICTION OF TERRORISM

1) Principal - anyone who is guilty of the crime of terrorism shall suffer the penalty of 40
years of imprisonment, without the benefit of parole as provided for under Act No. 4103,
otherwise known as the Indeterminate Sentence Law, as amended.

2) Accomplice - penalty of 17 years, 4 months one day to 20 years of imprisonment.

3) Accessory - penalty of 10 years and one day to 12 years of imprisonment. The law adopts
the absolutory cause of exemption of accessories from liability with respect to their
relatives.

IV. REQUISITES OF TERRORISM

1) Any group of persons organized for the purpose of engaging in terrorism, or which,
although not organized for that purpose, actually uses the acts to terrorize mentioned in
this Act.

2) Said act to terrorize sow and create a condition of widespread and extraordinary fear and
panic among the populace.

3) The purpose of said act to terrorize is to coerce the government to give in to an unlawful
demand.

Section 17 provides for a Judicial Declaration of Terrorists and Outlawed organization,

association, or group of persons, by any RTC upon application by the DOJ and upon prior
notice to the group affected.

V. SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND RECORDING OF

COMMUNICATIONS

1) A law enforcement official and his team may, upon a written order of the Court of
Appeals, listen to, intercept and record, with the use of any kind of electronic or other
surveillance equipment or intercepting and tracking devices, or with the use of any other
suitable ways and means for that purpose, any communication between members of a
judicially declared and outlawed terrorist organization or of any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism.

Exception to Surveillance:

The following are privileged communications prohibited from surveillance:

 a) lawyers and clients;

b) doctors and patients;

c) journalists and their sources; and

d) confidential business correspondence.

2) Formal Application for Judicial Authorization

The Judicial Authorization can only be issued by the Court of Appeals upon an ex parte
written application of a law enforcement official who has been duly authorized in writing
by the Anti-Terrorism Council. Said ex parte application shall establish:

a) probable cause that terrorism has been committed, or is being committed, or is about
to be committed;

b) probable cause that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be
obtained; and

c) that there is no other effective means readily available for acquiring such evidence.

3) Effectivity of Judicial Authorization (RA 9372, Section 10)

The Judicial Authority is effective for a maximum period not to exceed 30 days from date
of receipt of the written order and may be extended for another 30 days.

If no case is filed within the thirty (30)-day period, the applicant police or law
enforcement official shall immediately notify the person subject of the surveillance,
interception and recording of the termination of the said surveillance, interception and
recording. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement official who
fails to notify the person subject of the surveillance, monitoring, interception and
recording as specified above. Furthermore, penalty shall be imposed for unauthorized or
malicious interceptions and/or recordings.

VI. DETENTION OF SUSPECTED TERRORISTS WITHOUT WARRANT OF

ARREST (RA 9372, Section 18)

The Act allows warrantless arrest provided that the suspect must be delivered to the proper
judicial authority within a three (3) day period.
The arrest under this Section is in accordance with the result of the Surveillance under Section 7
(Surveillance of Suspects and Interception and Recording of Communications) and Section 27
(Judicial Authorization Required to Examine Bank Deposits, Accounts, and Record

Immediately after taking custody of a person charged or suspected as a terrorist, the police or law
enforcement personnel shall notify in writing the judge of the nearest place of apprehension or
arrest, but if the arrest is made during non-working days or after office hours, the written notice
shall be served at the nearest residence of the judge nearest the place of arrest. Failure to notify
in writing is punished by 10 years and one day to12 years of imprisonment.

VII. PERIOD OF DETENTION

1) The three day period is reckoned from the time the person charged or suspected as
terrorist has been apprehended or arrested, detained and taken into custody.

2) In the event of an actual or imminent terrorist attack, suspects may not be detained for
more than three days without the written approval of the Human Rights Commission, or
judge of the MTC RTC, Sandiganbayan or Court of Appeals nearest the place of arrest.

3) If arrest falls on a non-working day, the person arrested shall be brought to the residence
of any of the above named officials nearest the place of arrest.

The penalty of 10 years and one day to 12 years of imprisonment shall be imposed upon any
police or law enforcement personnel who has apprehended or arrested, detained and taken
custody of a person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or suspected person to the proper judicial
authority within the period of three days. (RA 9372, Section 20).

VIII. SECTION 26. RESTRICTION ON TRAVEL

In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism
or conspiracy to commit terrorism is entitled to bail.

The court, upon application by the prosecutor, shall limit the right of travel of the accused to
within the municipality or city where he resides or where the case is pending.

Travel outside of said municipality or city, without the authorization of the court, shall be
deemed a violation of his bail, which shall then be forfeited.

He/she may also be placed under house arrest at his or her usual place of residence. While under
house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or
other means of communications with people outside the residence until otherwise ordered by the
court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the
dismissal of the case or earlier upon the discretion of the court on motion of the prosecutor or of
the accused.

IX. OTHER ACTS PUNISHED AS OFFENSES, WHEREIN SAID ACTS ARE

RELATED TO ARREST/DETENTION OF SUSPECTED TERRORISTS

1) Violation of the rights of a person detained (RA 9372, Sections 21 and 22)

a) Right to be informed of the nature and cause of the arrest, to remain silent, to counsel;

b) Right to be informed of the cause or causes of his detention in the presence of his
legal counsel;

c) Be allowed to communicate freely with his legal counsel and to confer with them at
any time without restriction;

d) Be allowed to communicate freely and privately without restrictions with the

members of his family or with his nearest relatives and to be visited by them; and,

e) Be allowed freely to avail of the service of a physician or physicians of choice.

Any law enforcement officer in violation of the rights aforementioned (i.e. a to e) shall
suffer the penalty of 10 years and one day to 12 years of imprisonment.

2) Offenses related to Official Custodial Logbook and its Contents

Law enforcement custodial unit shall keep an official logbook, which is deemed on this
Act as a public document. Any law enforcement custodial unit who fails to comply with
the following requirements to keep an official logbook shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment:

a) failure to keep official logbook detailing the name of the person arrested, the date and
time of initial admission for custody and arrest, state of his health, date and time of
removal from his cell, and his return thereto, date and time of visits and by whom,
and all other important data bearing on his treatment while under arrest and custody;
and

b) failure to promptly issue a certified true copy of the entries of the log book.

3) Torture or Coercion in Investigation and Interrogation (RA 9372, Section 24 and 25)

No one is allowed to use threat, intimidation, or coercion, or who inflict physical pain or
torment, or mental, moral, or psychological pressure, which shall vitiate the free-will of a
charged or suspected person under investigation.
 Penalty of said torture or coercion shall be 12 years and one day to 20 years of
imprisonment.

4) Infidelity in the Custody of Detained Persons (RA 9372, Section 44)

Any public officer who has direct custody of a detained person or under the provisions of
this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or
allows the escape of such detained person shall be guilty of an offense and shall suffer the
penalty of:

a) 12 years and one day to 20 years of imprisonment, if the detained person has already
been convicted and sentenced in a final judgment; and

b) 6 years and one day to 12 years of imprisonment, if the detained person has not been
convicted and sentenced in a final judgment.

5) Furnishing False Evidence, Forged Document, or Spurious Evidence (RA 9372, Section
47)

The penalty of 12 years and one day to 20 years of imprisonment shall be imposed upon
any person who knowingly furnishes false testimony, forged document or spurious
evidence in any investigation or hearing under this Act.

X. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised Penal
Code or any Special Penal Laws. (RA 9372, Section 49)

XI. If the suspect is acquitted he is entitled to P500,000.00 for every day of detention without a
warrant of arrest. Any person who delays the release or refuses to release the amount shall be
punished by imprisonment of 6 months. (RA 9372, Section 50)

XII. PROVISIONS ON THE IDENTITY OF THE INFORMANT

The law enforcement officer to whom the information was first revealed shall furnish the
following requirements:

1) Record the real name and the specific address of the informant;

2) Report the informant's name and address to their superior officer who shall transmit the
information to the Congressional Oversight Committee or to the proper court within five
days after the suspect was placed under arrest or his properties were sequestered, seized
or frozen.
The name and address of the informant shall be considered confidential and shall not be
unnecessarily revealed until after the proceedings against the suspect shall have been terminated.

XIII. TERRITORIAL APPLICATION OF THE LAW

The provisions of this Act shall apply:

a) Within the terrestrial domain, interior waters, maritime zone and airspace of the
Philippines;

b) Inside the territorial limits of the Philippines;

c) On board a Philippine ship or airship;

d) Within any embassy, consulate, diplomatic premises belonging to or occupied by the

Philippine government in an official capacity;

e) Against Philippine citizens or persons of Philippine descent where their citizenship or

ethnicity was a factor in the commission of the crime; and

f) Directly against the Philippine government.

XIV. SPECIAL EFFECTIVITY CLAUSE

The provisions of the law shall be automatically suspended one month before and two months
after the holding of any election.
 SALIENT PROVISIONS OF PD 1866, AS AMENDED BY RA 8294 AND FURTHER
AMENDED BY RA 10591
(AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF)

I. OBJECTIVE

Recognizes the right of qualified citizens to self-defense through the use of firearms; regulates
ownership, possession, carrying, importation, manufacture; stops proliferation of illegal firearms
and illegal manufacture, among other things.

II. REQUISITES FOR ISSUANCE OF AND OBTAINING LICENSE TO OWN AND

POSSESS FIREARMS (RA 10591, Section 4)

1) Filipino citizen

2) At least twenty-one (21) years old;

3) 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.

4) In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:

a) non-conviction of any crime involving moral turpitude;

b) psychiatric test administered by a PNP- accredited psychologist or psychiatrist;

c) drug test conducted by an accredited laboratories;

d) gun safety seminar which is administered by the PNP or a registered and authorized
gun club;

e) application to possess a registered firearm which shall state the personal

circumstances of the applicant;

f) police clearance; and

g) the applicant has not been convicted or is currently an accused in a pending criminal
case before any court or a crime that is punishable with a penalty of more than two
(2) years.

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 applicable licensing fees.

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.

III. OWNERSHIP BY A JURIDICAL ENTITY (RA 10591, Section 5)

1) Must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);

2) It is current, operational and a continuing concern;

3) It has completed and submitted all its reportorial requirements to the SEC; and

4) It has paid all its income taxes for the year.

The application shall be made in the name of the juridical person represented by its President or
any of its officers based board resolution.

Local government units and security agencies qualify as juridical entities subject to additional
requirements as may be required by the Chief of the Philippine National Police.

IV. REPOSITORY OF ALL FIREARM RECORDS (RA 10591, Section 42)

The PNP-FEO (Firearms and Explosives Office), to include imported and locally manufactured
firearms and ammunition.

V. CARRYING OF FIREARMS OUTSIDE RESIDENCE OR PLACE OF BUSINESS

(RA 10591, Section 7)

The following are considered to be in imminent danger due to the nature of their profession,
occupation or business:

1) Members of the Philippine Bar;

2) Certified Public Accountants;

3) Accredited Media Practitioners;

4) Cashiers, Bank Tellers;

5) Priests, Ministers, Rabbi, Imams;

 6) Physicians and Nurses;

7) Engineers; and

8) Businessmen, who by the nature of their business or undertaking, are exposed to high risk
of being targets of criminal elements.

VI. REGISTRATION AND LICENSING (RA 10591, Article III)

1) Authority to import: A document issued by the Chief of the PNP authorizing the
importation of firearms, or their parts, ammunition and other components.

2) Authorized dealer: Any person, legal entity, corporation, partnership or business entity
duly licensed by the FEO.

3) Authorized manufacturer: Any person, legal entity, corporation or partnership duly

licensed by the FEO.

VII. PENAL PROVISION (RA 10591, Article V)

1) RA 10591 repeals the sweeping “no other crime” clause under the Sec.1 of P.D. 1866
as amended by R.A. 8294.

A person is not liable for violation of the old firearms law, (say, illegal possession of
firearm) if he also committed another crime (e.g. violation of COMELEC gun ban or
even a lighter offense of Alarms and Scandals under the Revised Penal Code). Prior
conviction in the “other crime” committed will obliterate one’s otherwise separate
liability under the firearms law. In the old law, what is punished is the “other crime”
regardless if the use or possession of firearms is inherent or necessary in the commission
of that “other crime”.

Under RA 10591, the penalty for violation of the new firearms law, particularly the use
of loose firearms is not imposed only when the use of loose firearms is “inherent” in the
commission of the “other crime.” In such case, the use or possession of loose firearms is
merely considered as an aggravating circumstance. Otherwise, the use or possession of
loose firearms and violation of other penal law shall be treated as distinct crimes and will
thus be punished separately.

RA 10591 expressly provides that “if the crime is committed without using the loose
firearm, the violation of this Act [RA No. 10591] shall be considered as a distinct and
separate offense.” RA 10591 further provides 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.
 Furthermore, 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. (RA 10591, Section 29)

If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion or insurrection, or attempted coup d' etat, such violation shall be
absorbed as an element of the crime of rebellion or insurrection, or attempted coup d' etat.

2) Use of an Imitation Firearm (RA 10591, Section 35)

An imitation firearm used in the commission of a crime shall be considered a real firearm
as defined in this Act and shall be punished in accordance with this Act.

VIII. FINAL AMNESTY (RA 10591, Section 43)

Persons in possession of unregistered firearms and holders of expired license or unregistered

firearms were given the Final General Amnesty within six (6) months from the promulgation of
the implementing rules and regulations of this Act.