Salient features of RA 10591

Title: An Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing
Penalties for Violations Thereof; or the Comprehensive Firearms and Ammunition Regulation
Act

Declaration of policy : 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.

Gun ownership by a juridical entity: SEC-registered corporations, represented by the President or

any officer based on a 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.

Repository of all firearms records: The PNP-FEO (Firearms and Explosives Office), to include
imported and locally manufactured firearms and ammunition.

Carrying of firearms outside residence or place of business: The following are considered to be
in imminent danger due to the nature of their profession, occupation or business: lawyers, CPAs,
media practitioners, cashiers, bank tellers, priests, ministers, rabbi, imams, physicians and
nurses, engineers and businessmen.

Formulation of implementing rules and regulations (IRR): The PNP Chief formulates the IRR
within 120 days after effectivity of the law

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

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

Authorized manufacturer: Any person, legal entity, corporation or partnership duly licensed by
the FEO.

Confiscated firearm: A firearm that is taken into custody by the PNP, National Bureau of
Investigation, Philippine Drug Enforcement Agency (PDEA) and all other law enforcement
agencies.

Licensed juridical entity: Corporations, organizations, businesses, including security agencies

and local government units, which are licensed to own and possess firearms in accordance with
this Act.

What may be licensed by qualified citizens or licensed juridical entities: Only small arms.
How can one retain ownership of high-powered firearms? Registration of unregistered firearms
and renewal of expired licenses, through a final general amnesty, without making any delinquent
payment and facing a penalty. Private individuals who already have licenses to possess Class A
light weapons shall not be deprived of the privilege to continue possessing the same and
renewing the license.

Possession of ammunition: License to possess up to 50 rounds for each registered firearm

How many licenses can be applied for?

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 – maximum of 2 firearms
Type 2 license – maximum of 5
Type 3 license – maximum of 10
Type 4 license -maximum of 15
Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more than
15 firearms

Penal provisions: 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.

Classification of firearms.

Under the new firearms law, firearms are classified into: (1) Small arms; (2) Class—A
Light Weapons; and (3) Class—B Light Weapons. Parenthetically, under the old law, firearms are
classified as low-powered and high-powered, in addition to explosives, and providing single
penalties for each.

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, and it includes a pistol and a revolver; (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 or intended to fire a number of ball
shots or a single projectile through a smooth bore by the action or energy from burning
gunpowder.

Class—A Light Weapons refer to self-loading pistols, rifles and carbines, submachine
guns, assault rifles and light machine guns not exceeding calibre 7.62MM which have fully
automatic mode.
 Class—B Light Weapons refer to weapons designed for use by two (2) or more persons
serving as crew, or rifles and machine guns exceeding calibre 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 missiles and rocket systems,
portable launchers of anti-aircraft missile systems, and mortars of a calibre of less than 100MM.

A—Offenses relating to acquisition or possession:

(1) Unlawful acquisition or possession of firearms;

(2) Unlawful acquisition or possession of ammunition;

(3) Unlawful acquisition or possession of major parts of a firearm;

(4) Buying or possession of stolen part or material from a company engaged in the manufacture
and sell of firearms and ammunition, when the buyer or possessor is aware that such part or
material was stolen (Sec. 32, par. 3);

It must be noted that the offense of unlawful possession or acquisition of ammunition of Class—
A Light Weapon punished under Sec. 28 (i) was repeated under paragraph (g), which provide a
lighter penalty therefor.

B—Offenses relating to manufacture, importation or sale:

(1) Unlawful manufacture, importation, sale or disposition of firearms, ammunition, major part
of a firearm or ammunition, or machinery, tool or instrument used or intended to be used in the
manufacture of a firearm, ammunition or major part thereof (Sec. 32);

(2) Arms smuggling (Sec. 33);

(3) Unlawful taking, sale or disposition by labourer, worker or employee of a licensed firearms
dealer 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 (Sec. 32);

It is worthy of note that 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. It is doubtful, however, whether
possession of such machinery, tool or instrument is punished by the first paragraph of Section
32. What is punished by said paragraph is the unlawful manufacture, importation, sale or
disposition of machinery, tool or instrument. It hardly includes as punishable intent to use
machinery, tool or instruments intended to be used for the manufacture of firearms and
ammunitions.
C—Other related offenses:
(1) Carrying of firearms outside of residence without legal authority (Sec. 31);

(2) Tampering, Obliteration or Alteration of Firearms Identification (Sec. 34);

(3) Planting of firearms, ammunition or parts thereof as evidence (Sec. 38);

(4) Failure to notify lost or stolen firearm (Sec. 40);

(5) Illegal transfer or registration of firearm (Sec. 41); and

(6) Fraudulent facilitating the registration of a firearm by a public officer (Sec. 41, 2 ndpar.).

Other Matters.

The other notable features of the new law are the following:

1. Use of imitation firearm. An imitation firearm used in the commission of a crime

shall be considered a real firearm and the offender shall be punished in

accordance with the new law. An 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 (Sec. 3(q)).

2. Custodia legis. During the pendency of any case filed in violation of the Act,

seized firearm, ammunition, or parts thereof, machinery, tool or instruments shall

remain in the custody of the court (Sec. 36). This provision runs afoul with

ordinary criminal procedure in which object evidence shall remain under the

custody of the prosecution until it is offered in evidence after the termination of

its presentation of testimonial evidence.

3. Registration of firearms.
 4. Only small arms may be registered by licensed citizens or licensed juridical entities
for ownership, possession and concealed carry. However, private individuals who already
have licenses to possess Class—A light weapons upon the effectivity of the Act shall not
be deprived of the privilege to continue possessing the same and renewing the licenses
therefor (Sec. 10). The licensed citizen or juridical entity shall register his purchased
firearms with the Firearms and Explosive Office of the Philippine National Police (Sec.
11). The license granted shall include the license to possess ammunition with a maximum
of fifty (50) rounds for each registered firearms (Sec. 12). Except a certified gun
collector, the maximum number of registered firearms a qualified citizen may own and
possession is fifteen (15) (Sec. 9).
5. Qualifications for the issuance of firearms license.
6. In order to qualify and acquire a license to own firearms and ammunition, the
applicant must be: (1) Filipino citizen; (2) at least twenty-one (21) years old; and (3) has
gainful work, occupation or business or has filed an Income Tax Return (ITR) for the
preceding year.
7. In addition, the applicant shall submit various certifications from the appropriate
authorities (see Sec. 4).
8. Conditions for the issuance of permit to carry firearms.
9. A permit to carry firearms outside of residence shall be issued by the Chief of the
PNP or his duly authorized representative to any qualified person whose life is under
actual threat or his life is in imminent danger due to the nature of her profession,
occupation of business. The burden of proving actual threat lies with the applicant by
submitting a threat assessment certificate from the PNP.
10. For purposes of the 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) CPAs; (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.

Republic Act No. 9745 – Anti-Torture Act of 2009

 R.A. 9745 punishes torture inflicted by a person in authority or agent of a person in

authority upon another in his/her custody.

 Torture, as punished under the law, may either be physical or mental/psychological.

 Physical torture is a form of treatment or punishment that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body, such as:

1. (1) Systematic beating, head-banging, punching, kicking, striking with truncheon or rifle

butt or other similar objects, and jumping on the stomach;

2. (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and

other stuff or substances not normally eaten;

3. (3) Electric shock;

4. (4) Cigarette burning; burning by electrically heated rods, hot oil or acid, or by the

rubbing of pepper or other chemical substances on mucous membranes, or acids or

spices directly on the wound(s);

5. (5) The submersion of the head in water or water polluted with excrement, urine, vomit

and/or blood until the brink of suffocation;

6. (6) Being tied or forced to assume fixed and stressful bodily position;
7. (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ
or

rectum, or electrical torture of the genitals;

8. (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,

tongue, etc.;

9. (9) Dental torture or the forced extraction of the teeth;

10. (10) Pulling out of fingernails;
11. (11) Harmful exposure to the elements such as sunlight and extreme cold;
12. (12) The use of plastic bag and other materials placed over the head to the point
of

asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will

of a person, such as:

1. (i) The administration or drugs to induce confession and/or reduce mental

competency; or
 2. (ii) The use of drugs to induce extreme pain or certain symptoms of a disease;

and

(14) Other analogous acts of physical torture.

 Mental/psychological torture refers to acts calculated to affect or confuse the mind and/or
undermine a person’s dignity and morale, such as:

1. (1) Blindfolding;
2. (2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other

wrongful acts;

3. (3) Confinement in solitary cells or secret detention places;

4. (4) Prolonged interrogation;
5. (5) Preparing a prisoner for a “show trial,” public display or public humiliation of a

detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she will be summarily executed;

6. (7) Maltreating a member/s of a person's family;

7. (8) Causing the torture sessions to be witnessed by the person’s family, relatives or any

third party;

8. (9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in public

places, shaving the victim’s head or putting marks on his/her body against his/her

will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her

family; and
(12) Other analogous acts of mental/psychological torture.

 R.A. 9745 also punishes the infliction of other cruel, inhuman and degrading treatment or
punishment by a person in authority or agent of a person in authority against another person in
custody. Other cruel, inhuman and degrading treatment or punishment refers to a deliberate and
aggravated treatment or punishment, not falling under physical or mental torture as defined in the
law, which attains a level of severity sufficient to cause suffering, gross humiliation or
debasement to the person in custody. The assessment of the level of severity will depend on all
the circumstances of the case, including the duration of the treatment or punishment, its physical
and mental effects and, in some cases, the sex, religion, age and state of health of the victim.

 R.A. 9745 prohibits and punishes the establishment, operation and maintenance of secret
detention places, solitary confinement, incommunicado or other similar forms of detention,
where torture may be carried out with impunity.

  The Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and
other law enforcement agencies, as well as their regional offices, are required to submit to
the Commission on Human Rights (CHR) and make available to the public at all times, a
list of all detention centers and facilities under their respective jurisdictions with the
corresponding data on the prisoners or detainees incarcerated or detained in such
facilities, such as the names, date of arrest and incarceration, and the crime or offense
committed. The list should be updated within the first 5 days of every month at the
minimum. Failure to comply with this requirement is punishable under the law and the
penalty will be imposed on the responsible officers or personnel of the AFP, the PNP and
other law enforcement agencies.
  Any confession, admission or statement obtained as a result of torture is inadmissible
in evidence in any proceeding, except if the same is used as evidence against a person or
persons accused of committing torture.

 A victim of torture has the right:

(a) To have an impartial investigation by the CHR and other concerned government

agencies such as the Department of Justice (DOJ), the Public Attorney's Office (PAO),
the PNP, the National Bureau of Investigation (NBI) and the AFP;

2. (b) To have the investigation of the torture completed within a maximum period 60
working days from the time a complaint for torture is filed, and to have any appeal
resolved within the same period;
3. (c) To have sufficient government protection for himself/herself and other persons
involved in the investigation/prosecution such as his/her lawyer, witnesses and relatives,
against all forms of harassment, threat and/or intimidation as a consequence of the filing
of the complaint for torture or the presentation of evidence for such complaint;
4. (d) To be given sufficient protection in the manner by which he/she testifies and presents
evidence in any forum to avoid further trauma; and
5. (e) To claim for compensation under Republic Act No. 7309,* which in no case should
be lower than P10,000.00, and under other existing laws and regulations.

 A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if instituted on
behalf of the victim of torture or other cruel, degrading and inhuman treatment or punishment,
should be disposed of expeditiously, and any order of release by virtue of such proceeding, or
other appropriate order of a court relative to such proceeding, should be executed or complied
with immediately.
  The CHR and the PAO shall render legal assistance in the investigation and monitoring
and/or filing of the complaint for a person who suffers torture and other cruel, inhuman
and degrading treatment or punishment, or for any interested party. The victim or
interested party may also seek legal assistance from the Barangay Human Rights Action
Center (BRRAC) nearest him/her as well as from human rights non-government
organizations (NGOs).
  The following are liable as principals for the crime of torture or other cruel or inhuman
and degrading treatment or punishment:
(a) Any person who actually participated or induced another in the commission of torture

or other cruel, inhuman and degrading treatment or punishment, or who cooperated in the
execution of the act of torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts;

(b) Any superior military, police or law enforcement officer or senior government official
who issued an order to any lower ranking personnel to commit torture for whatever
purpose; and

(c) The immediate commanding officer of the unit concerned of the AFP or the
immediate senior public official of the PNP and other law enforcement agencies, if:

1. By his act or omission, or negligence, he has led, assisted, abetted or allowed,

whether directly or indirectly, the commission of torture by his/her subordinates;

or

2. He/she has knowledge of or, owing to the circumstances at the time, should have

known that acts of torture or other cruel, inhuman and degrading treatment or
punishment will be committed, is being committed, or has been committed by
his/her subordinates or by others within his/her area of responsibility and, despite
such knowledge, did not take preventive or corrective action either before, during
or immediately after its commission, when he/she has the authority to prevent or
investigate allegations of torture or other cruel, inhuman and degrading treatment
or punishment but failed to prevent or investigate allegations of such act, whether
deliberately or due to negligence.

  Any public officer or employee will be liable as an accessory if he/she has knowledge
that torture or other cruel, inhuman and degrading treatment or punishment is being
committed and without having participated in its commission, either as principal or
accomplice, takes part subsequent to its commission:
1. (a) By profiting from or assisting the offender to profit from the effects of the act
of torture or other cruel, inhuman and degrading treatment or punishment; or
 2. (b) By concealing the act of torture or other cruel, inhuman and degrading
treatment or punishment and/or destroying the effects or instruments of torture in
order to prevent its discovery; or
3. (c) By harboring, concealing or assisting in the escape of the principal/s in the act
of torture or other cruel, inhuman and degrading treatment or punishment,
provided the accessory acts are done with the abuse of the official’s public
functions.
  A state of war or a threat of war, internal political instability, or any other public
emergency, or a document or any determination comprising an “order of battle” can
never be invoked as a justification for torture and other cruel, inhuman and degrading
treatment or punishment.

“Order of Battle” refers to any document or determination made by the military, police or
any law enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and that it considers as
legitimate targets as combatants that it could deal with, through the use of means allowed
by domestic and international law.

  ThepenaltiesunderR.A.9745are: Reclusion perpetua – if the torture:

1. (a) results in death of any person;
2. (b) results in mutilation;
3. (c) is committed with rape;
4. (d) is committed with other forms of sexual abuse and, as a consequence, the
victim

becomes insane, imbecile, impotent, blind or maimed for life; or

5. (e) is committed against children.

Reclusion temporal – if the torture results in insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or
shame.

Prision correccional – if the torture results in psychological, mental and emotional harm
other than those described in the preceding paragraph.

Prision mayor in its medium and maximum periods – if in consequence of torture, the victim
loses the power of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm
or a leg, or loses the use of any such member, or becomes permanently incapacitated for labor.

Prision mayor in its minimum and medium periods – if, in consequence of torture, the victim
becomes deformed or loses any part of his/her body other than those aforementioned, or loses the
use of such part, or becomes ill or incapacitated for labor for more than 90 days.
Prision correccional in its maximum period to prision mayor in its minimum period – if, in
consequence of torture, the victim becomes ill or incapacitated for labor for more than 30 days
but not more than 90 days.

Prision correccional in its minimum and medium period – if, in consequence of torture, the
victim becomes ill or incapacitated for labor for 30 days or less.

Arresto mayor – if the act constitutes cruel, inhuman or degrading treatment or punishment as
defined in the law.

Prision correccional – for those who establish, operate and maintain secret detention places
and/or effect or cause to effect solitary confinement, incommunicado or other similar forms of
prohibited detention where torture may be carried out with impunity.

Arresto mayor – to be imposed on responsible officers or personnel of the AFP, the PNP and
other law enforcement agencies for failure to perform his/her duty to maintain, submit or make
available to the public an updated list of detention centers and facilities with the corresponding
data on the prisoners or detainees incarcerated or detained in said centers/facilities.

  If the commission of any crime punishable under Title Eight (Crimes Against Persons)
and Title Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code
is attended by any of the acts constituting torture and other cruel, inhuman and degrading
treatment or punishment, the penalty to be imposed will be in its maximum period.
  Torture as a crime will not absorb or will not be absorbed by any other crime or felony
committed as a consequence, or as a means in the conduct or commission, of torture.
Torture will be treated as a separate and independent criminal act, the penalties for which
will be imposed without prejudice to any other criminal liability under domestic and
international laws.
  Persons who have committed any act of torture will not benefit from any special
amnesty law or similar measures that will have the effect of exempting them from any
criminal proceedings and sanctions.

  No person will be expelled, returned or extradited to another State where there are
substantial grounds to believe that such person will be in danger of being subjected to
torture. The Secretary of the Department of Foreign Affairs (DFA) and the Secretary of
the DOJ, in coordination with the Chairperson of the CHR, will determine whether such
grounds exist, taking into account all relevant considerations including the existence in
the requesting State of a consistent pattern of gross, flagrant or mass violations of human
rights. (Refouler)
  The Department of Social Welfare and Development (DSWD), the DOJ and the
Department of Health (DOH) and such other concerned government agencies, and human
rights organizations are tasked to formulate a comprehensive rehabilitation program for
torture victims and their families, and a parallel rehabilitation program for persons who
committed torture.
   Every person arrested, detained or under custodial investigation is given the right:
(a) Before and after interrogation, to be informed of his/her right to demand physical
examination by an independent and competent doctor of his/her own choice. If

he/she cannot afford the services of his/her own doctor, he/she will be provided by the
State with a competent and independent doctor to conduct physical examination. If the
person arrested is female, she will be attended to preferably by a female doctor.

(b) To immediate access to proper and adequate medical treatment.

These rights may be waived by the person arrested, detained or under custodial investigation,
provided the waiver was made knowingly and voluntarily, in writing, and executed in the
presence and assistance of his/her counsel.

  The State shall endeavor to provide the victim with psychological evaluation if
available under the circumstances.
  The physical examination and/or psychological evaluation of the victim should be
contained in a medical report, duly signed by the attending physician and detailing the
victim’s medical history and the physician’s findings, including the nature and probable
cause of the victim’s injury, pain, disease and/or trauma, and the approximate time and
date when it/they was/were sustained. The report shall be attached to the custodial
investigation report and considered a public document.

* An Act Creating a Board of Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and for other purposes.

Republic Act No. 9160 otherwise known as The Anti-Money Laundering Act of 2001 was
signed into law on September 29, 2001 and took effect on October 17, 2001. The implementing
Rules and Regulations took effect on April 2, 2002.

On March 7, 2003, R.A. No. 9194 (An Act Amending R.A. No. 9160) was signed into law and
took effect on March 23, 2003. The revised Implementing Rules and Regulations took effect on
September 7, 2003.

Rationale for Enacting the Law

The Philippines, while striving to sustain economic development and poverty alleviation
through, among others, corporate governance and public office transparency, must contribute its
share and play a vital role in the global fight against money laundering. Hence, the compelling
need to enact responsive anti-money laundering legislation in order to establish and strengthen
an anti-money laundering regime in the country which will not only increase investor’s
confidence but also ensure that the Philippines is not used as a site to launder proceeds of
unlawful activities.

Salient Features
  Criminalizes money laundering
 Creates a financial intelligence unit
 Imposes requirements on customer identification, record keeping and reporting of
covered and suspicious transactions
 Relaxes strict bank deposits secrecy laws
 Provides for bank inquiry and freeze ex parte petition/seizure/forfeiture/recovery of dirty
money/property
 Provides for international cooperation
Money Laundering is a crime whereby the proceeds of an unlawful activity as defined in the
AMLA are transacted or attempted to be transacted to make them appear to have originated from
legitimate sources.

Money Laundering Offenses and Penalties

 Knowingly transacting or attempting to transact any monetary instrument/property which

represents, involves or relates to the proceeds of an unlawful activity. Penalty is 7 to 14
years imprisonment and a fine of not less than P3M but not more than twice the value
of the monetary instrument/property.
 Knowingly performing or failing to perform an act in relation to any monetary
instrument/property involving the proceeds of any unlawful activity as a result of which
he facilitated the offense of money laundering. Penalty is 4 to 7 years imprisonment and a
fine of not less than P1.5M but not more than P3M.
 Knowingly failing to disclose and file with the AMLC any monetary instrument/property
required to be disclosed and filed. Penalty is 6 months to 4 years imprisonment or a fine
of not less than P100,000 but not more than P500,000, or both.

Unlawful Activity is the offense which generates dirty money or property. It is

commonly called the predicate crime. It refers to any act or omission or series or
combination thereof involving or having direct relation to the following:

Predicate Crimes/Unlawful Activities

 Kidnapping for ransom

 Drug trafficking and related offenses
 Graft and corrupt practices
 Plunder
 Robbery and Extortion
 Jueteng and Masiao
 Piracy
 Qualified theft
 Swindling
 Smuggling
 Violations under the Electronic Commerce Act of 2000
  Hijacking; destructive arson; and murder, including those perpetrated by terrorists against
non-combatant persons and similar targets
 Fraudulent practices and other violations under the Securities Regulation Code of 2000
 Felonies or offenses of a similar nature that are punishable under the penal laws of other
countries.
 Terrorism financing and organizing or directing others to commit terrorism financing
(R.A. 10168).
 Attempt/conspiracy to commit terrorism financing and organizing or directing others to
commit terrorism financing (R.A. 10168).
 Attempt/conspiracy to commit dealing with property or funds of designated person.
 Accomplice to terrorism financing or conspiracy to commit terrorism financing.
 Accessory to terrorism financing.

Other Offenses/Penalties

Failure to keep records is committed by any responsible official or employee of a covered

institution who fails to maintain and safely store all records of all transactions of said institution,
including closed accounts, for five (5) years from the date of the transaction/closure of the
account. Penalty is 6 months to 1 year imprisonment or a fine of not less than P100,000 but not
more than P500,000, or both.

Malicious reporting is committed by any person who, with malice or in bad faith, reports/files a
completely unwarranted or false information relative to money laundering transaction against
any person. Penalty is 6 months to 4 years imprisonment and a fine of not less than P100,000 but
not more than P500,000, at the discretion of the court. The offender is not entitled to avail the
benefits of the Probation Law.

 If the offender is a corporation, association, partnership or any juridical person, the

penalty shall be imposed upon the responsible officers, as the case may be, who
participated in, or allowed by their gross negligence, the commission of the crime.
 If the offender is a juridical person, the court may suspend or revoke its license.
 If the offender is an alien, he shall, in addition to the penalties prescribed, be deported
without further proceedings after serving the penalties prescribed.
 If the offender is a public official or employee, he shall, in addition to the penalties
prescribed, suffer perpetual or temporary absolute disqualification from office, as the case
may be.

Breach of confidentiality. When reporting covered or suspicious transactions to the AMLC,

covered institutions and their officers/employees are prohibited from communicating directly or
indirectly, in any manner or by any means, to any person/entity/media, the fact that such report
was made, the contents thereof, or any other information in relation thereto. In case of violation
thereof, the concerned official and employee of the covered institution shall be criminally liable.
Neither may such reporting be published or aired in any manner or form by the mass media,
electronic mail or other similar devices. In case of a breach of confidentiality published or
reported by media, the responsible reporter, writer, president, publisher, manager and editor-in-
chief shall also be held criminally liable. Penalty is 3 to 8 years imprisonment and a fine of not
less than P500,000 but not more than P1M.

Covered Institutions

Covered Institutions are those mandated by the AMLA to submit covered and suspicious
transaction reports to the AMLC.

These are:

 Banks and all other entities, including their subsidiaries and affiliates, supervised and
regulated by the Bangko Sentral ng Pilipinas
 Insurance companies, pre-need companies and all other institutions supervised or
regulated by the Insurance Commission
 Securities dealers and other entities supervised or regulated by the Securities and
Exchange Commission

Covered & Suspicous Transaction

Covered transactions are single transactions in cash or other equivalent monetary instrument
involving a total amount in excess of Five Hundred Thousand (P500,000) Pesos within one (1)
banking day

Suspicious transactions are transactions with covered institutions, regardless of the amounts
involved, where any of the following circumstances exists:

 there is no underlying legal/trade obligation, purpose or economic justification; the client

is not properly identified;
 the amount involved is not commensurate with the business or financial capacity of the
client;
 the transaction is structured to avoid being the subject of reporting requirements under
the AMLA;
 there is a deviation from the client’s profile/past transactions;
 the transaction is related to an unlawful activity/offense under the AMLA;
and transactions similar or analogous to the above.

Freezing of Monetary Instrument or Property

The AMLC may file before Court of Appeals, before the verified application ex parte
(without notice to the other party) after determination that probable cause exists that any
monetary instrument or property is in any way related to an unlawful activity. The freeze
order shall be effective immediately. The freeze order shall be for a period of 20 days
unless extended by the court.

Authority to Inquire into Bank Deposits

 The AMLC may inquire into or examine any particular deposit or investment with any
banking institution or non-bank financial institution upon order of any competent court in
cases of violation of the AMLA when it has been established that there is probable cause
that the deposits or investments involved are in any way related to a money laundering
offense.

Salient Features of Republic Act No. 11521:

1. New State Policy: To extend cooperation in the implementation of targeted financial sanctions
related to terrorism, proliferation of weapons of mass destruction and their financing.
2. New covered persons: real estate developers, real estate brokers, offshore gaming
operators, and offshore gaming operator service providers;
3. Covered transaction for real estate transaction: (cold) cash transactions in excess of P7.5M.
4. New predicate crimes: violations of Section 254 of the National Internal Revenue Code, and
Section 9(a)(3) of the Strategic Trade Management Act;
5. New powers of the AMLC: apply for search and seizure orders and subpoena, implement
targeted financial sanctions related to proliferation of weapons of mass destruction and its
financing, and manage frozen, preserved and forfeited assets.

What is money laundering?

(RA 9160 as amended by Section 4, RA 10365)
Money laundering is a crime committed by any person who, knowing that any monetary
instrument or property represents, involves, or relates to the proceeds of any unlawful
activity:
“(a) transacts said monetary instrument or property;
“(b) converts, transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property;
“(c) conceals or disguises the true nature, source, location, disposition, movement or
ownership of or rights with respect to said monetary instrument or property;
“(d) attempts or conspires to commit money laundering offenses referred to in paragraphs
(a), (b) or (c);
“(e) aids, abets, assists in or counsels the commission of the money laundering offenses
referred to in paragraphs (a), (b) or (c) above; and
“(f) performs or fails to perform any act as a result of which he facilitates the offense of
money laundering referred to in paragraphs (a), (b) or (c) above.
“Money laundering is also committed by any covered person who, knowing that a covered
or suspicious transaction is required under this Act to be reported to the Anti-Money
Laundering Council (AMLC), fails to do so.”
What is money laundering?
(RA 9160 as amended by Section 4, RA 10365)
Money laundering is a crime committed by any person who, knowing that any monetary
instrument or property represents, involves, or relates to the proceeds of any unlawful
activity:
“(a) transacts said monetary instrument or property;
“(b) converts, transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property;
“(c) conceals or disguises the true nature, source, location, disposition, movement or
ownership of or rights with respect to said monetary instrument or property;
“(d) attempts or conspires to commit money laundering offenses referred to in paragraphs
(a), (b) or (c);
“(e) aids, abets, assists in or counsels the commission of the money laundering offenses
referred to in paragraphs (a), (b) or (c) above; and
“(f) performs or fails to perform any act as a result of which he facilitates the offense of
money laundering referred to in paragraphs (a), (b) or (c) above.
“Money laundering is also committed by any covered person who, knowing that a covered
or suspicious transaction is required under this Act to be reported to the Anti-Money
Laundering Council (AMLC), fails to do so.”
Anti-Plunder Act

“Public Officer” – means any person holding any public office in the Government of the
Republic of the Philippines by virtue of an appointment, election or contract. (Section 1[a], R.A.
7080, Anti-Plunder Act, as amended by R.A. 7659)

“Government” – includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their subsidiaries.
(Section 1[b], Ibid.)

“Person” – includes any natural or juridical person, unless the context indicates otherwise.
(Section 1[c], Ibid.)

“Ill-gotten wealth” – means any asset, property, business enterprise or material possession of any
person within the purview of Section Two (2) hereof, acquired by him directly or indirectly
through dummies, nominees, agents, subordinates and/or business associates by any combination
or series of the following means or similar schemes:

Overt and criminal acts:

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

public treasury;

2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any
other form of pecuniary benefit from any person and/or entity in connection with any
government contract or project or by reason of the office or position of the public officer
concerned;

3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National

Government or any of its subdivisions, agencies or instrumentalities or government-owned or -
controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any
other form of interest or participation including promise of future employment in any business
enterprise or undertaking;

5) By establishing agricultural, industrial or commercial monopolies or other combinations

and/or implementation of decrees and orders intended to benefit particular persons or special
interests; or

6) By taking undue advantage of official position, authority, relationship, connection or influence

to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines. (Section 1[d], Ibid.)

2. Crimes

a. Plunder

ELEMENTS OF THE CRIME:

1) That the offender is a public officer, who acts by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business associates, subordinates or other
persons;

2) That he amasses, accumulates or acquires ill-gotten wealth through a combination or series of

overt or criminal acts described in Section 1(d) – i.e. overt and criminal acts; and,

3) That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated, or
acquired is at least P50 Million Pesos. (Sombero, Jr. v. Ombudsman, G.R. Nos. 237888 and
237904, 28 July 2020)

Malum in se: Plunder is a malum in se which requires proof of criminal intent. (Napoles v.
Sandiganbayan, En Banc, G.R. No. 224162, 07 November 2017)

Corpus delicti: The corpus delicti of plunder is the amassment, accumulation or acquisition of
ill-gotten wealth valued at not less than P50,000,000.00. The failure to establish the corpus
delicti should lead to the dismissal of the criminal prosecution. (Arroyo v. People, En Banc, G.R.
No. 220598, 18 April 2017)

Combination: “Combination” refers to at least two (2) acts falling under different categories of
enumeration provided in Sec. 1, par. (d), e.g., raids on the public treasury in Sec. 1, par. (d),
subpar. (1), and fraudulent conveyance of assets belonging to the National Government under
Sec. 1, par. (d), subpar. (3). (Estrada v. Sandiganbayan, En Banc, G.R. No. 148560, 19
November 2001)
Series: To constitute a “series,” there must be two (2) or more overt or criminal acts falling under
the same category of enumeration found in Sec. 1, par. (d), say, misappropriation, malversation
and raids on the public treasury, all of which fall under Sec. 1, par. (d), subpar. (1). (Ibid.)

Pattern: A “pattern” consists of at least a combination or series of overt or criminal acts

enumerated in subsections (1) to (6) of Sec. 1 (d). Pursuant to Sec. 2 of the law, the pattern of
overt or criminal acts is directed towards a common purpose or goal which is to enable the public
officer to amass, accumulate or acquire ill-gotten wealth. (Ibid.)

b. Conspiracy

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. (Section
2, Ibid.)

Connivance: Conspiracy among the accused to commit the crime of Plunder is usually an
agreement or connivance to secretly cooperate in doing the unlawful act. (Napoles v.
Sandiganbayan, supra.)

Same; Implied conspiracy: Seeing as it would be difficult to provide direct evidence establishing
the conspiracy among the accused, the Sandiganbayan may infer it “from proof of facts and
circumstances which, taken together, apparently indicate that they are merely parts of some
complete whole.” The conspiracy may be implied from the intentional participation in the
transaction that furthers the common design and purpose. As long as the prosecution was able to
prove that two or more persons aimed their acts towards the accomplishment of the same
unlawful object, each doing a part so that their combined acts, though apparently independent,
were in fact connected and cooperative, indicating a closeness of personal association and a
concurrence of sentiment, the conspiracy may be inferred even if no actual meeting among them
was proven. (Ibid.)

3. Prosecution

Main plunderer as a requirement: The law on plunder requires that a particular public officer
must be identified as the one who amassed, acquired or accumulated ill-gotten wealth because it
plainly states that plunder is committed by 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 in the
aggregate amount or total value of at least ₱50,000,000.00 through a combination or series of
overt criminal acts as described in Section l(d) hereof. Surely, the law requires in the criminal
charge for plunder against several individuals that there must be a main plunderer and her co-
conspirators, who may be members of her family, relatives by affinity or consanguinity, business
associates, subordinates or other persons. In other words, the allegation of the wheel conspiracy
or express conspiracy in the information was appropriate because the main plunderer would then
be identified in either manner. Of course, implied conspiracy could also identify the main
plunderer, but that fact must be properly alleged and duly proven by the Prosecution. (Arroyo v.
People, supra.)

Same; Fatal if not identified: The Prosecution’s failure to properly allege the main plunderer
should be fatal to the cause of the State against the accused for violating the rights of each
accused to be informed of the charges against each of them. (Ibid.)

Degree of participation: 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. (Ibid.)

Forfeiture of ill-gotten wealth: 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. (Ibid.)

3. Prescription

The crime punishable under this Act shall prescribe in twenty (20) years. (Section 3, Ibid.)

Recovery of properties – imprescriptible: The right of the State to recover properties unlawfully
acquired by public officers from them or from their nominees or transferees shall not be barred
by prescription, laches, or estoppel. (Ibid.)

RA 9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

ELEMENTS OF SALE: Enlightened jurisprudence is consistent as to the elements that the

prosecution needs to prove beyond reasonable doubt in order to secure a conviction for illegal
sale of dangerous drugs under Sec. 5,40 Art. II of R.A. ~9165, viz (1) the identity of the buyer
and the seller, the object of the sale and its consideration; and (2) the delivery of the thing sold
and the payment therefor. 42 What is important is that the sale transaction of drugs actually
took place and that the object of the transaction is properly presented as evidence in court and
is shown to be the same drugs seized from the accused

ELEMENTS OF POSSESSION: For illegal possession of dangerous drugs under Sec. 11,44
the following elements must be established: (I) the accused was in possession of
dangerous drugs; (2) such possession was not authorized by law; and (3) the accused was
freely and consciously aware of being in possession of dangerous drugs.

CORPUS DELICTI IN DRUGS CASES: The corpus delicti in cases involving dangerous
drugs is the presentation of the dangerous drug itself.46 "For both offenses, it is crucial that
the prosecution establishes the identity of the seized dangerous drugs in a way that their
integrity is well preserved -from the time of seizure or confiscation from the accused until
the time of presentation as evidence in court. The fact that the substance said to have been
illegally sold or possessed was the very same substance offered in court as exhibit must be
established."47 The chain of custody rule performs this function as it ensures that
unnecessary doubts concerning the identity of the evidence are removed.

CHAIN OF CUSTODY DEFINED: Chain of Custody means the duly recorded authorized
movements and custody of seized drugs or controlled chemicals or plant sources of dangerous
drugs or laboratory equipment of each stage, from the time of seizure/ confiscation to receipt
in the forensic laboratory to safekeeping to presentation in court for destruction. Such record
of movements and custody of seized item shall include the identity and signature of the person
who held temporary custody of the seized item, the date and time when such transfer of custody
were made in the course of safekeeping and use in court as evidence, and the final disposition.
Thus, as a general rule, the four links in the chain of custody of the confiscated item
must be established: first, the seizure and marking, if practicable, of the illegal drug
recovered from the accused by the apprehending officer; second, the turnover of the
illegal drug seized by the apprehending officer to the investigating officer; third, the turnover
by the investigating officer of the illegal drug to the forensic chemist for laboratory examination;
and fourth, the turnover and submission of the marked illegal drug seized from the forensic
chemist to the court. 51 The prosecution has the burden of proving each of the link
from the moment of seizure up to its presentation in court as evidence of the corpus delicti.

INVENTORY AND PHOTOGRAPHY: It must be underscored that the IRR55 of R.A. No. 9165
mirrors the content of Sec. 21, Art. II of the same law, but adds that the said inventory and
photography may be conducted at the nearest police station or office of the apprehending
team in instances of warrantless seizure, and that noncompliance with the requirements of
Sec. 21, Art. II -under justifiable grounds -will not render void and invalid the seizure and
custody over the seized items so long as the integrity and evidentiary value of the seized items
are properly preserved by the apprehending officer or team. 56 Any departure from the
prescribed procedure must then still be reasonably justified, and must further be shown not to
have affected the integrity and evidentiary value of the confiscated contraband

REPUBLIC ACT NO. 10640

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE

GOVERNMENT, AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO.
9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

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

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

"(1) The apprehending team having initial custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall,
immediately after seizure and confiscation, conduct a physical inventory of the seized items and
photograph the same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, with an elected public official and
a representative of the National Prosecution Service or the media who shall be required to sign
the copies of the inventory and be given a copy thereof: Provided, That the physical inventory
and photograph shall be conducted at the place where the search warrant is served; or at the
nearest police station or at the nearest office of the apprehending officer/team, whichever is
practicable, in case of warrantless seizures: Provided, finally, That noncompliance of these
requirements under justifiable grounds, as long as the integrity and the evidentiary value of the
seized items are properly preserved by the apprehending officer/team, shall not render void and
invalid such seizures and custody over said items.

"x x x

"(3) A certification of the forensic laboratory examination results, which shall be done by the
forensic laboratory examiner, shall be issued immediately upon the receipt of the subject
item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals does not allow the completion of testing within
the time frame, a partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued immediately upon
completion of the said examination and certification;

"x x x."

1âwphi1

Section 2. Implementing Rules and Regulations (IRR). – To implement effectively the provisions
of Section 21, the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary
guidelines on the IRR for the purpose in consultation with the Department of Justice (DO J) and
relevant sectors to curb increasing drug cases.

Section 3. Separability Clause. – If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

Section 4. Repealing Clause. – All laws, presidential decrees or issuances, executive orders,
letters of instruction, administrative orders, rules and regulations contrary to or inconsistent with
the provisions of this Act are hereby repealed, modified or amended accordingly.
Section 5. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication
in at least two (2) newspapers of general circulation.

Philippines Presidential Decree No. 1602

Presidential Decree No. 1602 (PD 1602) is a law that was passed by the Philippine government
to simplify and provide tougher penalties for illegal gambling activities or violations of
Philippine gambling laws. Signed into law by then President Ferdinand Marcos in 1978. In the
opening statements, it says that this law was passed as there was an urgent need to provide a
clearer understanding of Philippine gambling laws.

Especially articles 195-199 Republic Act 3063 (Horse Racing Bookies), Presidential Decree 499
(Cockfighting), Presidential Decree No. 483 (Game Fixing), Presidential Decree No. 519 (Slot
Machines), Presidential Decree No. 1036 (Jai Alai Bookies), and other ordinances since they
have become plentiful, confusing and ineffective.

Does PD 1602 Make Licensed Offshore Online Gambling Illegal?

No, PD 1602 makes no reference to online gambling. Offshore online gambling is legal but
Philippine residents are encouraged to only participate at licensed online sites that are in
compliance with their local gaming regulators for their own protection.

Violations Defined In Presidential Decree 1602

Section 1 of PD 1602 outlines the violations and penalties for anyone caught directly or
indirectly taking part of illegal game wagering. In its medium degree, a person caught faces a
fine from 500 pesos to 2,000 pesos while a re-offender can face a fine of 1,000 pesos to 6,000
pesos. Illegal games, illegal bookie operations and game fixing schemes in any of the following
games or similar operations are considered illegal and punishable by this law.

Games include: blackjack, lucky nine, Russian poker, monte, baccarat, other card games, palk
que, domino, high and low, slot machines, roulette, pinball, dog racing, boat racing, car
racing, basketball, volleyball, soccer, boxing, seven-eleven dice games, game fixing, point
shaving, and any other game scheme consisting of money being wagered without a franchise
from the national government.

Anyone who knowingly allows any of these illegal operations to take place in any building,
place, vessel, or transportation owned or controlled by them will face the maximum punishment
and a fine of 6,000 pesos. A prison sentence and a fine of 6,000 pesos will be imposed upon a
conductor or upon the maintainer of the gambling scheme.
A medium-degree penalty of prison mayor, temporary absolute disqualification, and a fine of
6,000 pesos will be levied if the conductor, banker or maintainer is a government employee. The
same goes for any player, promoter, referee, umpire, judge, or coach that participates in game
fixing, point shaving, or a similar scheme.

Illegal game organizers, maintainers, or conductors who without lawful purpose are caught in
possession of any lottery list, paper or other matter containing letters, figures, signs, or numbers
which pertain to any game of jueteng, jai-alai, horse racing bookies or similar game or lottery
will face a penalty of prison correctional and a fine of up to 2,000 pesos.

Bangary Officials

A bangary is the smallest administrative division of government in the Philippines and bangary
officials are elected representatives of those villages. PD 1602 states that any bangary official
whose jurisdiction is found to have a gambling house and is known to have a reputation for a
gambling house shall face a penalty of prison and a fine of 500 to 2,000 pesos and will be
temporarily suspended from his post.

The revised penal code considered the skill of the player in determining whether the game is
considered gambling, now under PD 1602 that does not matter. Any game can be considered
gambling where there is money wagered and a participant hopes to win a prize.

Under the old code, the skill of the player that outweighs the possible chance of winning the
game is considered a sport and not gambling. Under PD 1602, a players skill is irrelevant and
any form of gambling is illegal unless authorized by a franchise. Betting or wagering determines
if a game is gambling or not.

Games that are exempt from placing bets but are still illegal include monte, jueteng, lottery
games, dog races, slot machines, and other similar games. These games are addictive, habit
forming, and bring harmful effects to the player’s families and personal finances. Possession of
an illegal lottery list is a punishable crime whether it refers to a past or future drawing.

Informers Reward Offered Through PD 1602

PD 1602 rewards informants that lead officials to an illegal gambling arrest. Section 3 states that
anyone who leads law enforcement to an arrest and a conviction of an illegal gambling scheme in
violation of Philippine gambling laws shall be rewarded with 20% of the confiscated cash
money. This gives informers an incentive to help law enforcement crackdown on illegal
gambling operations.

Effective Date of Presidential Decree 1602

PD 1602 took effect in 1978 but has since been amended by the Republic Act 9827 (RA 9827)
which increased the penalties for illegal number games and amended certain provisions. PD 1602
and RA 9827 are both still in effect and the Philippine National Police are still combating illegal
gambling operations.

The Republic Act (RA) 9287 is an amendment act to Presidential Decree (PD) 1602 which
imposes penalties for individuals taking part in illegal gambling activities. RA 9287 increases
penalties set in PD 1602 and establishes the Anti-Illegal Gambling Board (AGB). This act also
defines what illegal gambling is and states the kind of games and illegal activities that the AGB
will be combating. RA 9287 will also list the functions and powers of the AGB and give them
authority and responsibility for implementing the new revisions and laws of this act.

Illegal Number Games

Illegal numbers games are defined in this amendment as all forms of illegal gambling such as but
not limited to Cockfighting, Jueteng, Masio, Last Two, Jai Alai, and Horse Racing that includes
bookie operations and game fixing, Numbers, Bingo, non-government issued Lotteries and any
other games of chance. It also states that any game of chance or game of skill that is not in
compliance and licensed by their respected regulatory agencies are considered illegal.

Poker, Casino, And Sports Betting – Legal VS Illegal

Most forms of gambling are legal in the Philippines with the exception of unregulated and
unlicensed games of chance or skill. However, there are some people who illegally bet on forms
of gambling entertainment that are actually not prohibited by law, such as horse racing for
example. If you place your bet at a wagering terminal, race track cashier or Philippines legal
horse betting site, everything is legal, however, a number of people still choose to bet with illegal
bookies for various reasons. RA 9287 strengthens PD 1602 to cover any missed terminology and
to impose stricter penalties for parties who choose to participate in un-licensed games of chance
or skill.

Poker

Poker is legal and often played in the brick-and-mortar casinos located across the Philippines.
Filipinos are also allowed to legally play online from offshore licensed and regulated poker
rooms. The only exception is Philippine players are not allowed to play domestic sites based in
the Philippines by law. Players don’t have to worry about this issue for the most part as it solely
falls on the operators to not accept players from the Philippines. Our guide on Philippine legal
online poker sites is a great place to start when looking for the best online sites that accept
Filipino players.

Casino Gambling

Casino gambling is legal in various forms throughout the Philippines. There are domestic
casinos, casinos that come in on ships, and Philippine legal online casinos all available to
Filipino residents. Most of the domestic casinos are in or near the capital of Manila City but you
will also run across some in other areas of the country. Heavily regulated by gaming
commissions casinos are a significant source of income for the Philippines. Not only does the
licenses create revenue but the casinos also help attract tourism. Philippine legal online
gambling is available through offshore licensed and regulated websites. Online casinos based or
licensed in the Philippines are not allowed to offer their online service to residents of the
Philippines. Filipino players are only allowed to play online casino sites from overseas who are
licensed and regulated by their gaming commissions.

Sports Betting

Betting on sports is popular across the world and in the Philippines. The domestic sportsbook
MegaSportsWorld has locations all over the country that allow residents to bet on international
sporting competitions. Filipino players are also allowed to bet online with MSW, though there
are lots of restrictions that make this inaccessible for most players. (However, with offshore
licensed and regulated sportsbooks, that problem is solved.) RA 9287 will toughen the penalties
for illegal sportsbooks and other illegal gambling activities to make legal options more favorable
and profitable. Philippine legal online sports betting is available to players over the age of 21
domestically, while offshore books take members at just 18 and up. Our guide will help you
determine the best site that will accept Filipino registrations.

Anti-Illegal Gambling Board

In section 3 of the amendment, the Anti-Illegal Gambling Board (AGB) is established. The board
is to carry out the policies and counter the proliferation of illegal gambling. The personal
requirement of the AGB will be complemented by the Games and Amusement Board (GAB).
The Anti-Illegal Gambling Board will be comprised of 6 members, one of which will be the
chairman of the AGB. The board members will be the chairman or their representatives for
the Philippine Charity Sweepstakes, Philippine Amusement and Gaming Corporation
(PAGCOR), Philippine Racing Commission (PHRACOM), Secretary of the Department of
Justice, and the chief of the Philippine National Police (PNP).

Powers And Functions Of The Anti-Illegal Gambling Board

Republic Act 9287 established the Anti-Illegal Gambling Board and defined its powers and
functions. The board is to act as a central authority responsible for carrying out and apprehending
violators of this act. They are also given the power to call upon law enforcement officials to
assist in the enforcement of this act. They are also allowed to deputize governors, city mayors,
law enforcement agencies, to conduct investigations into illegal number game operations and
participants. They are also to function as a complainant if the criminal prosecution of violators.
The act also gives them the power to come up with a holistic program and approach to eliminate
the existence of illegal gambling within the city walls.

What It All Means

RA 9287 was enacted to strengthen the laws declared in PD 1602. Not only does it re-define
what games are often considered illegal, but it toughens the penalties for anyone operating or
participating in illegal gambling activities. The Philippines are serious about their gambling
revenue and they should be, the Philippine Amusement and Gaming Corporation (PAGCOR) is
the third leading source of revenue for the country. The President is known to be against
gambling and won’t let government officials play or be seen in a casino, but he also knows how
important the revenue is for funding school buildings, infrastructure, and other community
needs. Tougher Philippine gambling laws should scare more people away from illegal activities
and in turn create more revenue for the casinos and the government. Illegal gambling has always
plagued the Philippines, expect to see more tough laws come into play until the government sees
a dramatic drop in illegal gambling activities.

Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by

RA 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012

What is Trafficking in Persons (TIP)?

Trafficking in persons is an illegal act and is considered a violation of human rights. It has three
(3) inter-related and interdependent elements for a situation to be considered trafficking in
persons:

 ACTS – It involves the recruitment, obtaining, hiring, providing, offering, transportation,

transfer, maintaining, harboring, or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders;
 MEANS – It is committed by use of threat, or use of force, or other forms or coercion,
abduction, fraud, deception, abuse of power or of position, taking advantage of the
vulnerability of the person, or the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person; and
 PURPOSE – It is done for the purpose of exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, involuntary servitude
or the removal or sale of organs.

The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose
of exploitation or when the adoption is induced by any form of consideration for exploitative
purposes shall also be considered as “trafficking in persons” even if it does not involve any of
the means mentioned above.

What are the Acts Punishable under the Anti-TIP Law?

The following acts are punishable under RA 9208 as amended by RA 10364:

 1. Acts of TIP – includes all acts committed by any natural or juridical person where all the
three elements of TIP (acts, means, purpose) are present. Some examples are:
 recruitment, hiring, offering, transferring, harboring or receiving any person for
the purpose of prostitution, pornography, sexual exploitation, under the pretext of
domestic or overseas employment or apprenticeship;
 undertaking or organizing tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
 maintaining or hiring a person to engage in prostitution or pornography;
 adopting persons by any form of consideration for exploitative purposes; and •
recruitment, hiring, adopting, transporting, obtaining, harboring, offering,
receiving or abducting a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person.

Any person found guilty of acts of TIP shall be penalized with imprisonment of 20 years
and a fine of not less than 1 million but not more than 2 million pesos.

2. Acts that promote TIP – includes all acts that encourages or facilitates TIP such as:
 knowingly using or allowing the use of any house or establishment for promoting
TIP
 facilitating the use of tampered or fake documents to evade government
regulatory and pre-departure requirements;
 production, publication, broadcast and distribution, including use of ICT for
propaganda materials that promote TIP;
 assisting in the conduct of misrepresentation or fraud in securing
 clearances and necessary exit documents from government, and facilitating
exit/entry of persons possessing tampered or fraudulent travel documents for
promoting TIP;
 preventing a trafficked person from seeking redress from appropriate agencies by
confiscating or destroying his/her passport, travel or personal documents;
 tampering with or destroying of evidence, or influencing or attempting to
influence witnesses in an investigation or prosecution of a TIP case;
 destroying, concealing, removing, confiscating or possessing travel and/or
working documents of any person in order to maintain the labor or services of that
person; and
 using one’s office to impede the investigation, prosecution or execution of lawful
orders in a case.
Any person found guilty of acts that promote TIP shall be penalized with imprisonment of
15 years
and a fine of not less than 500 thousand but not more than 1 million pesos.

3. Use of Trafficked Persons – any person who buys or engages the services of trafficked
persons for prostitution shall be penalized with imprisonment ranging from six (6) years
to forty (40) years and fine ranging from 50 thousand to 5 million pesos.

In addition to imprisonment and fine, an offender who is a foreigner shall be immediately

deported and permanently barred from entering the country after serving jail terms, while an
offender who is a public official shall be dismissed from service and suffer perpetual absolute
disqualification to hold public office.

4. Qualified TIP – the act will be considered as qualified TIP when:

 the trafficked person is a child;
 there is adoption under RA 8043 (Inter-Country Adoption Act) and said adoption
is for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
 the crime is committed by a syndicate or is large scale;
 the offend er is a spouse, ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person;
 the offense is committed by a public official or employee;
 the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
 the offender is a member of the military or law enforcement agencies;
 he trafficked person died, became insane, suffered mutilation or got infected with
HIV/AIDS;
 the offender commits one or more acts of TIP over a period of 60 or more days;
and
 the offender directs or through another manages the trafficking victim the
offender directs or through another manages the trafficking victim

Qualified trafficking shall be penalized by life imprisonment and a fine of not less than 2
million but not more than 5 million pesos.

5. Attempted TIP – where there are acts to initiate the commission of a trafficking offense
but the offender failed to or did not execute all the elements of the crime, by accident or
by reason of some cause other than voluntary desistance, such overt acts shall be deemed
 as an attempt to commit an act of TIP. In cases where the victim is a child, any of the
following acts shall also be deemed as attempted TIP:
 facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason and without the required clearance or permit from the
DSWD, or a written permit or justification from the child’s parent or legal
guardian;
 executing, for a consideration, an affidavit of consent or a written consent for
adoption;
 recruiting a woman to bear a child for the purpose of selling the child; •
simulating a birth for the purpose of selling the child; and
 soliciting a child and acquiring the custody thereof through any means, for the
purpose of selling the child.

Any person found guilty of committing attempted TIP shall be penalized with
imprisonment of 15 years and a fine of
not less than 500 thousand but not more than 1 million pesos.

What protection is given to trafficked persons?

1. Legal Protection
2. Free Legal Assistance
3. Right to Privacy and Confidentiality
4. Witness Protection Program
5. Victim Compensation Program

Who may file a complaint?

1. The trafficked person or the offended party

2. Spouse
3. Parents or legal guardians
4. Siblings
5. Children
6. Any person who has personal knowledge of the offense

Anti-Trafficking in Persons Act of 2003

“Trafficking in Persons” – refers to the recruitment, obtaining, hiring, providing, offering,

transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders by means of threat, or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits
to achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs.

The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose
of exploitation or when the adoption is induced by any form of consideration for exploitative
purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the
means set forth in the preceding paragraph. (Section 3[a], R.A. 9208, Anti-Trafficking in Persons
Act of 2003, as amended)

“Child” – refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition. (Section
3[b], Ibid.)

“Prostitution” – refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration. (Section 3[c], Ibid.)

“Forced Labor” – refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work
or service extracted from any person under the menace of penalty. (Section 3[d], Ibid.)

“Slavery” – refers to the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised. (Section 3[e], Ibid.)

“Involuntary Servitude” – refers to a condition of enforced and compulsory service induced by

means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did
not enter into or continue in such condition, he or she or another person would suffer serious
harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process. (Section 3[f], Ibid.)

“Sex Tourism” – refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military. (Section 3[g], Ibid.)

“Sexual Exploitation” – refers to participation by a person in prostitution, pornography or the

production of pornography, in exchange for money, profit or any other consideration or where
the participation is caused or facilitated by any means of intimidation or threat, use of force, or
other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of position
or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of
payments or benefits to achieve the consent of a person having control over another person; or in
sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this
Act. (Section 3[h], Ibid.)

“Debt Bondage” – refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably assessed
is not applied toward the liquidation of the debt. (Section 3[i], Ibid.)

“Pornography” – refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes. (Section 3[j], Ibid.)

1. Crimes

a. Acts of trafficking in persons

It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

1) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person
by any means, including those done under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;

2) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;

3) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor
or slavery, involuntary servitude or debt bondage;

4) To undertake or organize tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

5) To maintain or hire a person to engage in prostitution or pornography;

6) To adopt persons by any form of consideration for exploitative purposes or to facilitate the
same for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

7) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

8) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or
abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of organs of said person;

9) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a
child to engage in armed activities in the Philippines or abroad;

10) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a
person by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt
bondage and involuntary servitude, including a scheme, plan, or pattern intended to cause the
person either:

(a) To believe that if the person did not perform such labor or services, he or she or another
person would suffer serious harm or physical restraint; or,

(b) To abuse or threaten the use of law or the legal processes; and

11) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a
child for purposes of exploitation or trading them, including but not limited to, the act of baring
and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking
for purposes of exploitation of children shall include:

(a) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and
forced labor, including recruitment of children for use in armed conflict;

(b) The use, procuring or offering of a child for prostitution, for the production of pornography,
or for pornographic performances;

(c) The use, procuring or offering of a child for the production and trafficking of drugs; and

(d) The use, procuring or offering of a child for illegal activities or work which, by its nature or
the circumstances in which it is carried out, is likely to harm their health, safety or morals; and

12) To organize or direct other persons to commit the offenses defined as acts of trafficking
under this Act. (Section 4, Ibid.)
b. Attempted trafficking in persons

Where there are acts to initiate the commission of a trafficking offense but the offender failed to
or did not execute all the elements of the crime, by accident or by reason of some cause other
than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section
4 of this Act shall constitute attempted trafficking in persons.

In cases where the victim is a child, any of the following acts shall also be deemed as attempted
trafficking in persons:

1) Facilitating the travel of a child who travels alone to a foreign country or territory without
valid reason therefor and without the required clearance or permit from the Department of Social
Welfare and Development, or a written permit or justification from the child’s parent or legal
guardian;

2) Executing, for a consideration, an affidavit of consent or a written consent for adoption;

3) Recruiting a woman to bear a child for the purpose of selling the child;

4) Simulating a birth for the purpose of selling the child; and

5) Soliciting a child and acquiring the custody thereof through any means from among hospitals,
clinics, nurseries, daycare centers, refugee or evacuation centers, and low-income families, for
the purpose of selling the child. (Section 4-A, Ibid.)

Accomplices: Whoever knowingly aids, abets, cooperates in the execution of the offense by
previous or simultaneous acts defined in this Act shall be punished in accordance with the
provisions of Section 10(c) of this Act. (Section 4-B, Ibid.)

Accessories: Whoever has the knowledge of the commission of the crime, and without having
participated therein, either as principal or as accomplices, take part in its commission in any of
the following manners:

1) By profiting themselves or assisting the offender to profit by the effects of the crime;

2) By concealing or destroying the body of the crime or effects or instruments thereof, in order to
prevent its discovery;

3) By harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his or her public functions or is known to be habitually guilty of
some other crime.
Acts defined in this provision shall be punished in accordance with the provision of Section
10(d) as stated thereto. (Section 4-C, Ibid.)

c. Acts that promote trafficking in persons

The following acts which promote or facilitate trafficking in persons, shall be unlawful:

1) To knowingly lease or sublease, use or allow to be used any house, building or establishment
for the purpose of promoting trafficking in persons;

2) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers, overseas employment certificates or other certificates of any government
agency which issues these certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;

3) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,

printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;

4) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the

acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the purpose
of promoting trafficking in persons;

5) To facilitate, assist or help in the exit and entry of persons from/to the country at international
and local airports, territorial boundaries and seaports who are in possession of unissued,
tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;

6) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or

belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and,

7) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.

8) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to

influence witnesses, in an investigation or prosecution of a case under this Act;

9) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove,

confiscate or possess, any actual or purported passport or other travel, immigration or working
permit or document, or any other actual or purported government identification, of any person in
order to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the
person’s liberty to move or travel in order to maintain the labor or services of that person; or,

10) To utilize his or her office to impede the investigation, prosecution or execution of lawful
orders in a case under this Act. (Section 5, Ibid.)

d. Qualified trafficking in persons

Violations of Section 4 of this Act shall be considered as qualified trafficking:

1) When the trafficked person is a child;

2) When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-
Country Adoption Act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

3) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed

committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group;

4) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a public
officer or employee;

5) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;

6) When the offender is a member of the military or law enforcement agencies;

7) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome (AIDS);

8) When the offender commits one or more violations of Section 4 over a period of sixty (60) or
more days, whether those days are continuous or not; and,

9) When the offender directs or through another manages the trafficking victim in carrying out
the exploitative purpose of trafficking. (Section 6, Ibid.)

2. Prosecution

a. Confidentiality
At any stage of the investigation, rescue, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel, social workers and medical
practitioners, as well as parties to the case, shall protect the right to privacy of the trafficked
person. Towards this end, law enforcement officers, prosecutors and judges to whom the
complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding,
and after considering all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and personal circumstances of the trafficked person
or any other information tending to establish the identity of the trafficked person and his or her
family shall not be disclosed to the public.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director of a film
in case of the movie industry, or any person utilizing tri-media facilities or electronic information
technology to cause publicity of the name, personal circumstances, or any information tending to
establish the identity of the trafficked person except when the trafficked person in a written
statement duly notarized knowingly, voluntarily and willingly waives said confidentiality.

Law enforcement officers, prosecutors, judges, court personnel, social workers and medical
practitioners shall be trained on the importance of maintaining confidentiality as a means to
protect the right to privacy of victims and to encourage victims to file complaints. (Section
7, Ibid.)

b. Initiation and Prosecution of Cases

1) Initiation of Investigation. – Law enforcement agencies are mandated to immediately initiate

investigation and counter-trafficking-intelligence gathering upon receipt of statements or
affidavit from victims of trafficking, migrant workers, or their families who are in possession of
knowledge or information about trafficking in persons cases.

2) Prosecution of Cases. – Any person who has personal knowledge of the commission of any
offense under this Act, such as the trafficked person, the parents, spouse, siblings, children or
legal guardian may file a complaint for trafficking.

3) Affidavit of Desistance. – Cases involving trafficking in persons should not be dismissed

based on the affidavit of desistance executed by the victims or their parents or legal guardians.
Public and private prosecutors are directed to oppose and manifest objections to motions for
dismissal.

Any act involving the means provided in this Act or any attempt thereof for the purpose of
securing an Affidavit of Desistance from the complainant shall be punishable under this Act.
(Section 8, Ibid.)

c. Venue
A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides
at the time of the commission of the offense: Provided, That the court where the criminal action
is first filed shall acquire jurisdiction to the exclusion of other courts. (Section 9, Ibid.)

4. Penalties and Sanctions

The following penalties and sanctions are hereby established for the offenses enumerated in this
Act:

1) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

2) Any person found guilty of committing any of the acts enumerated in Section 4-A of this Act
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

3) Any person found guilty of Section 4-B of this Act shall suffer the penalty of imprisonment of
fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);

In every case, conviction shall cause and carry the automatic revocation of the license or
registration of the recruitment agency involved in trafficking. The license of a recruitment
agency which trafficked a child shall be automatically revoked.

4) Any person found, guilty of committing any of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

5) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than
Five million pesos (P5,000,000.00);

6) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);

7) If the offender is a corporation, partnership, association, club, establishment or any juridical

person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any
responsible officer who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
8) The registration with the Securities and Exchange Commission (SEC) and license to operate
of the erring agency, corporation, association, religious group, tour or travel agent, club or
establishment, or any place of entertainment shall be cancelled and revoked permanently. The
owner, president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;

9) If the offender is a foreigner, he or she shall be immediately deported after serving his or her
sentence and be barred permanently from entering the country;

10) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment
agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other benefits shall likewise
be forfeited; and,

11) Conviction, by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption. (Section 10, Ibid.)

a. Use of trafficked persons

Any person who buys or engages the services of a trafficked person for prostitution shall be
penalized with the following: Provided, That the Probation Law (Presidential Decree No. 968)
shall not apply:

1) Prision Correccional in its maximum period to prision mayor or six (6) years to twelve (12)
years imprisonment and a fine of not less than Fifty thousand pesos (P50,000.00) but not more
than One hundred thousand pesos (P100,000.00): Provided, however, That the following acts
shall be exempted thereto:

(a) If an offense under paragraph (a) involves sexual intercourse or lascivious conduct with a
child, the penalty shall be reclusion temporal in its medium period to reclusion perpetua or
seventeen (17) years to forty (40) years imprisonment and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

(b) If an offense under paragraph (a) involves carnal knowledge of, or sexual intercourse with, a
male or female trafficking victim and also involves the use of force or intimidation, to a victim
deprived of reason or to an unconscious victim, or a victim under twelve (12) years of age,
instead of the penalty prescribed in the subparagraph above the penalty shall be a fine of not less
than One million pesos (P1,000,000.00) but not more than Five million pesos (P5,000,000.00)
and imprisonment of reclusion perpetua or forty (40) years imprisonment with no possibility of
parole; except that if a person violating paragraph (a) of this section knows the person that
provided prostitution services is in fact a victim of trafficking, the offender shall not be likewise
penalized under this section but under Section 10 as a person violating Section 4; and if in
committing such an offense, the offender also knows a qualifying circumstance for trafficking,
the offender shall be penalized under Section 10 for qualified trafficking. If in violating this
section the offender also violates Section 4, the offender shall be penalized under Section 10 and,
if applicable, for qualified trafficking instead of under this section;

2) Deportation. – If a foreigner commits any offense described by paragraph (1) or (2) of this
section or violates any pertinent provision of this Act as an accomplice or accessory to, or by
attempting any such offense, he or she shall be immediately deported after serving his or her
sentence and be barred permanently from entering the country; and

3) Public Official. – If the offender is a public official, he or she shall be dismissed from service
and shall suffer perpetual absolute disqualification to hold public, office, in addition to any
imprisonment or fine received pursuant to any other provision of this Act. (Section 11, Ibid.)

b. Prescriptive Period

Trafficking cases under this Act shall prescribe in ten (10) years: Provided, however, That
trafficking cases committed by a syndicate or in a large scale as defined under Section 6, or
against a child, shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage, or in the case of a child victim, from the
day the child reaches the age of majority, and shall be interrupted by the filing of the complaint
or information and shall commence to run again when the proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to
the accused. (Section 12, Ibid.)