Special Criminal Laws PDF

Congress of the Philippines
Twelfth Congress
First Regular Session
REPUBLIC ACT NO. !"# $une %& '(('
AN ACT INSTITUTIN) T*E CO+PRE*ENSI,E -AN)EROUS -RU)S ACT OF
'(('& REPEALIN) REPUBLIC ACT NO. ".'#& OT*ER/ISE 0NO/N AS T*E
-AN)EROUS -RU)S ACT OF !%'& AS A+EN-E-& PRO,I-IN) FUN-S
T*EREFOR& AN- FOR OT*ER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress
Se1tion !. Short Title. This Act shall be known and cited as the "Comprehensive
Dangerous Drugs Act of 2002".
Se1tion '. Declaration of Policy. t is the polic! of the "tate to safeguard the integrit!
of its territor! and the well#being of its citi$enr! particularl! the !outh% from the harmful
effects of dangerous drugs on their ph!sical and mental well#being% and to defend the
same against acts or omissions detrimental to their development and preservation. n
view of the foregoing% the "tate needs to enhance further the efficac! of the law against
dangerous drugs% it being one of toda!&s more serious social ills.
Toward this end% the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances through
an integrated s!stem of planning% implementation and enforcement of anti#drug abuse
policies% programs% and pro'ects. The government shall however aim to achieve a
balance in the national drug control program so that people with legitimate medical
needs are not prevented from being treated with ade(uate amounts of appropriate
medications% which include the use of dangerous drugs.
t is further declared the polic! of the "tate to provide effective mechanisms or
measures to re#integrate into societ! individuals who have fallen victims to drug abuse
or dangerous drug dependence through sustainable programs of treatment and
rehabilitation.
ARTICLE I
-efinition of ter2s
Se1tion 3. Definitions. As used in this Act% the following terms shall mean)
*a+ Administer. An! act of introducing an! dangerous drug into the bod! of an!
person% with or without his,her knowledge% b! in'ection% inhalation% ingestion or other
means% or of committing an! act of indispensable assistance to a person in
administering a dangerous drug to himself,herself unless administered b! a dul!
licensed practitioner for purposes of medication.
*b+ -oard. # .efers to the Dangerous Drugs -oard under "ection //% Article 0 of this
Act.
*c+ Centers. # An! of the treatment and rehabilitation centers for drug dependents
referred to in "ection 12% Article 3 of this Act.
*d+ Chemical Diversion. The sale% distribution% suppl! or transport of legitimatel!
imported% in#transit% manufactured or procured controlled precursors and essential
chemicals% in diluted% mi4tures or in concentrated form% to an! person or entit! engaged
in the manufacture of an! dangerous drug% and shall include packaging% repackaging%
labeling% relabeling or concealment of such transaction through fraud% destruction of
documents% fraudulent use of permits% misdeclaration% use of front companies or mail
fraud.
*e+ Clandestine 5aborator!. An! facilit! used for the illegal manufacture of an!
dangerous drug and,or controlled precursor and essential chemical.
*f+ Confirmator! Test. An anal!tical test using a device% tool or e(uipment with a
different chemical or ph!sical principle that is more specific which will validate and
confirm the result of the screening test.
*g+ Controlled Deliver!. The investigative techni(ue of allowing an unlawful or suspect
consignment of an! dangerous drug and,or controlled precursor and essential chemical%
e(uipment or paraphernalia% or propert! believed to be derived directl! or indirectl! from
an! offense% to pass into% through or out of the countr! under the supervision of an
authori$ed officer% with a view to gathering evidence to identif! an! person involved in
an! dangerous drugs related offense% or to facilitate prosecution of that offense.
*h+ Controlled 6recursors and 7ssential Chemicals. nclude those listed in Tables
and of the 89:: ;< Convention Against llicit Traffic in <arcotic Drugs and
6s!chotropic "ubstances as enumerated in the attached anne4% which is an integral
part of this Act.
*i+ Cultivate or Culture. An! act of knowingl! planting% growing% raising% or permitting
the planting% growing or raising of an! plant which is the source of a dangerous drug.
*'+ Dangerous Drugs. nclude those listed in the "chedules anne4ed to the 89=8
"ingle Convention on <arcotic Drugs% as amended b! the 89/2 6rotocol% and in the
"chedules anne4ed to the 89/8 "ingle Convention on 6s!chotropic "ubstances as
enumerated in the attached anne4 which is an integral part of this Act.
*k+ Deliver. An! act of knowingl! passing a dangerous drug to another% personall! or
otherwise% and b! an! means% with or without consideration.
*l+ Den% Dive or .esort. A place where an! dangerous drug and,or controlled
precursor and essential chemical is administered% delivered% stored for illegal purposes%
distributed% sold or used in an! form.
*m+ Dispense. An! act of giving awa!% selling or distributing medicine or an!
dangerous drug with or without the use of prescription.
*n+ Drug Dependence. As based on the >orld ?ealth @rgani$ation definition% it is a
cluster of ph!siological% behavioral and cognitive phenomena of variable intensit!% in
which the use of ps!choactive drug takes on a high priorit! thereb! involving% among
others% a strong desire or a sense of compulsion to take the substance and the
difficulties in controlling substance#taking behavior in terms of its onset% termination% or
levels of use.
*o+ Drug "!ndicate. An! organi$ed group of two *2+ or more persons forming or 'oining
together with the intention of committing an! offense prescribed under this Act.
*p+ 7mplo!ee of Den% Dive or .esort. The caretaker% helper% watchman% lookout% and
other persons working in the den% dive or resort% emplo!ed b! the maintainer% owner
and,or operator where an! dangerous drug and,or controlled precursor and essential
chemical is administered% delivered% distributed% sold or used% with or without
compensation% in connection with the operation thereof.
*(+ Ainancier. An! person who pa!s for% raises or supplies mone! for% or underwrites
an! of the illegal activities prescribed under this Act.
*r+ llegal Trafficking. The illegal cultivation% culture% deliver!% administration%
dispensation% manufacture% sale% trading% transportation% distribution% importation%
e4portation and possession of an! dangerous drug and,or controlled precursor and
essential chemical.
*s+ nstrument. An! thing that is used in or intended to be used in an! manner in the
commission of illegal drug trafficking or related offenses.
*t+ 5aborator! 7(uipment. The paraphernalia% apparatus% materials or appliances
when used% intended for use or designed for use in the manufacture of an! dangerous
drug and,or controlled precursor and essential chemical% such as reaction vessel%
preparative,purif!ing e(uipment% fermentors% separator! funnel% flask% heating mantle%
gas generator% or their substitute.
*u+ Banufacture. The production% preparation% compounding or processing of an!
dangerous drug and,or controlled precursor and essential chemical% either directl! or
indirectl! or b! e4traction from substances of natural origin% or independentl! b! means
of chemical s!nthesis or b! a combination of e4traction and chemical s!nthesis% and
shall include an! packaging or repackaging of such substances% design or configuration
of its form% or labeling or relabeling of its containerC e4cept that such terms do not
include the preparation% compounding% packaging or labeling of a drug or other
substances b! a dul! authori$ed practitioner as an incident to his,her administration or
dispensation of such drug or substance in the course of his,her professional practice
including research% teaching and chemical anal!sis of dangerous drugs or such
substances that are not intended for sale or for an! other purpose.
*v+ Cannabis or commonl! known as "Bari'uana" or "ndian ?emp" or b! its an! other
name. 7mbraces ever! kind% class% genus% or specie of the plant Cannabis sativa L.
including% but not limited to% Cannabis aericana% hashish! bhang! gua"a! churrus and
gan#ab% and embraces ever! kind% class and character of mari'uana% whether dried or
fresh and flowering% flowering or fruiting tops% or an! part or portion of the plant and
seeds thereof% and all its geographic varieties% whether as a reefer% resin% e4tract%
tincture or in an! form whatsoever.
*w+ Beth!lenedio4!methamphetamine *BDBA+ or commonl! known as "7cstas!"% or b!
its an! other name. .efers to the drug having such chemical composition% including
an! of its isomers or derivatives in an! form.
*4+ Bethamphetamine ?!drochloride or commonl! known as ""habu"% "ce"% "Beth"% or
b! its an! other name. .efers to the drug having such chemical composition% including
an! of its isomers or derivatives in an! form.
*!+ @pium. .efers to the coagulated 'uice of the opium popp! *Papaver soniferu
L.+ and embraces ever! kind% class and character of opium% whether crude or preparedC
the ashes or refuse of the sameC narcotic preparations thereof or therefromC morphine or
an! alkaloid of opiumC preparations in which opium% morphine or an! alkaloid of opium
enters as an ingredientC opium popp!C opium popp! strawC and leaves or wrappings of
opium leaves% whether prepared for use or not.
*$+ @pium 6opp!. .efers to an! part of the plant of the species Papaver soniferu
L.! Papaver setigeru DC! Papaver orientale! Papaver bracteatu and Papaver
rhoeas% which includes the seeds% straws% branches% leaves or an! part thereof% or
substances derived therefrom% even for floral% decorative and culinar! purposes.
*aa+ 6D7A. .efers to the 6hilippine Drug 7nforcement Agenc! under "ection :2%
Article 0 of this Act.
*bb+ 6erson. An! entit!% natural or 'uridical% including among others% a corporation%
partnership% trust or estate% 'oint stock compan!% association% s!ndicate% 'oint venture or
other unincorporated organi$ation or group capable of ac(uiring rights or entering into
obligations.
*cc+ 6lanting of 7vidence. The willful act b! an! person of maliciousl! and
surreptitiousl! inserting% placing% adding or attaching directl! or indirectl!% through an!
overt or covert act% whatever (uantit! of an! dangerous drug and,or controlled precursor
and essential chemical in the person% house% effects or in the immediate vicinit! of an
innocent individual for the purpose of implicating% incriminating or imputing the
commission of an! violation of this Act.
*dd+ 6ractitioner. An! person who is a licensed ph!sician% dentist% chemist% medical
technologist% nurse% midwife% veterinarian or pharmacist in the 6hilippines.
*ee+ 6rotector,Coddler. An! person who knowingl! and willfull! consents to the
unlawful acts provided for in this Act and uses his,her influence% power or position in
shielding% harboring% screening or facilitating the escape of an! person he,she knows% or
has reasonable grounds to believe on or suspects% has violated the provisions of this
Act in order to prevent the arrest% prosecution and conviction of the violator.
*ff+ 6usher. An! person who sells% trades% administers% dispenses% delivers or gives
awa! to another% on an! terms whatsoever% or distributes% dispatches in transit or
transports dangerous drugs or who acts as a broker in an! of such transactions% in
violation of this Act.
*gg+ "chool. An! educational institution% private or public% undertaking educational
operation for pupils,students pursuing certain studies at defined levels% receiving
instructions from teachers% usuall! located in a building or a group of buildings in a
particular ph!sical or c!ber site.
*hh+ "creening Test. A rapid test performed to establish potential,presumptive positive
result.
*ii+ "ell. An! act of giving awa! an! dangerous drug and,or controlled precursor and
essential chemical whether for mone! or an! other consideration.
*''+ Trading. Transactions involving the illegal trafficking of dangerous drugs and,or
controlled precursors and essential chemicals using electronic devices such as% but not
limited to% te4t messages% email% mobile or landlines% two#wa! radios% internet% instant
messengers and chat rooms or acting as a broker in an! of such transactions whether
for mone! or an! other consideration in violation of this Act.
*kk+ ;se. An! act of in'ecting% intravenousl! or intramuscularl!% of consuming% either
b! chewing% smoking% sniffing% eating% swallowing% drinking or otherwise introducing into
the ph!siological s!stem of the bod!% and of the dangerous drugs.
ARTICLE II
Unlawful A1ts an4 Penalties
Se1tion .. $portation of Dangerous Drugs and%or Controlled Precursors and &ssential
Cheicals.' .The penalt! of life imprisonment to death and a ranging from Aive hundred
thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed
upon an! person% who% unless authori$ed b! law% shall import or bring into the
6hilippines an! dangerous drug% regardless of the (uantit! and purit! involved% including
an! and all species of opium popp! or an! part thereof or substances derived therefrom
even for floral% decorative and culinar! purposes.
The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent!
*20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive
hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who% unless
authori$ed b! law% shall import an! controlled precursor and essential chemical.
The ma4imum penalt! provided for under this "ection shall be imposed upon an!
person% who% unless authori$ed under this Act% shall import or bring into the 6hilippines
an! dangerous drug and,or controlled precursor and essential chemical through the use
of a diplomatic passport% diplomatic facilities or an! other means involving his,her official
status intended to facilitate the unlawful entr! of the same. n addition% the diplomatic
passport shall be confiscated and canceled.
person% who organi$es% manages or acts as a "financier" of an! of the illegal activities
prescribed in this "ection.
The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment
and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred
thousand pesos *6D00%000.00+ shall be imposed upon an! person% who acts as a
"protector,coddler" of an! violator of the provisions under this "ection.
Se1tion #. Sale! Trading! (dinistration! Dispensation! Delivery! Distribution and
Transportation of Dangerous Drugs and%or Controlled Precursors and &ssential
Cheicals. # The penalt! of life imprisonment to death and a fine ranging from Aive
hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be
imposed upon an! person% who% unless authori$ed b! law% shall sell% trade% administer%
dispense% deliver% give awa! to another% distribute dispatch in transit or transport an!
dangerous drug% including an! and all species of opium popp! regardless of the (uantit!
and purit! involved% or shall act as a broker in an! of such transactions.
authori$ed b! law% shall sell% trade% administer% dispense% deliver% give awa! to another%
distribute% dispatch in transit or transport an! controlled precursor and essential
chemical% or shall act as a broker in such transactions.
f the sale% trading% administration% dispensation% deliver!% distribution or transportation of
an! dangerous drug and,or controlled precursor and essential chemical transpires
within one hundred *800+ meters from the school% the ma4imum penalt! shall be
imposed in ever! case.
Aor drug pushers who use minors or mentall! incapacitated individuals as runners%
couriers and messengers% or in an! other capacit! directl! connected to the dangerous
drugs and,or controlled precursors and essential chemical trade% the ma4imum penalt!
shall be imposed in ever! case.
f the victim of the offense is a minor or a mentall! incapacitated individual% or should a
dangerous drug and,or a controlled precursor and essential chemical involved in an!
offense herein provided be the pro4imate cause of death of a victim thereof% the
ma4imum penalt! provided for under this "ection shall be imposed.
person who organi$es% manages or acts as a "financier" of an! of the illegal activities
Se1tion ". )aintenance of a Den! Dive or Resort. # The penalt! of life imprisonment to
death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten
million pesos *680%000%000.00+ shall be imposed upon an! person or group of persons
who shall maintain a den% dive or resort where an! dangerous drug is used or sold in
an! form.
hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person or group of
persons who shall maintain a den% dive% or resort where an! controlled precursor and
essential chemical is used or sold in an! form.
The ma4imum penalt! provided for under this "ection shall be imposed in ever! case
where an! dangerous drug is administered% delivered or sold to a minor who is allowed
to use the same in such a place.
"hould an! dangerous drug be the pro4imate cause of the death of a person using the
same in such den% dive or resort% the penalt! of death and a fine ranging from @ne
million *68%000%000.00+ to Aifteen million pesos *6D00%000.00+ shall be imposed on the
maintainer% owner and,or operator.
f such den% dive or resort is owned b! a third person% the same shall be confiscated and
escheated in favor of the government) Provided% That the criminal complaint shall
specificall! allege that such place is intentionall! used in the furtherance of the crime)
Provided! further% That the prosecution shall prove such intent on the part of the owner
to use the propert! for such purpose) Provided! finally% That the owner shall be included
as an accused in the criminal complaint.
person who organi$es% manages or acts as a "financier" of an! of the illegal activities
The penalt! twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and
a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred
Se1tion %. &ployees and *isitors of a Den! Dive or Resort. # The penalt! of
imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a
fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred
thousand pesos *6D00%000.00+ shall be imposed upon)
*a+ An! emplo!ee of a den% dive or resort% who is aware of the nature of the place
as suchC and
*b+ An! person who% not being included in the provisions of the ne4t preceding%
paragraph% is aware of the nature of the place as such and shall knowingl! visit
the same
Se1tion 5. )anufacture of Dangerous Drugs and%or Controlled Precursors and
&ssential Cheicals. # The penalt! of life imprisonment to death and a fine ranging Aive
hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be
imposed upon an! person% who% unless authori$ed b! law% shall engage in the
manufacture of an! dangerous drug.
authori$ed b! law% shall manufacture an! controlled precursor and essential chemical.
The presence of an! controlled precursor and essential chemical or laborator!
e(uipment in the clandestine laborator! is a pria facie proof of manufacture of an!
dangerous drug. t shall be considered an aggravating circumstance if the clandestine
laborator! is undertaken or established under the following circumstances)
*a+ An! phase of the manufacturing process was conducted in the presence or
with the help of minor,s)
*b+ An! phase or manufacturing process was established or undertaken within
one hundred *800+ meters of a residential% business% church or school premisesC
*c+ An! clandestine laborator! was secured or protected with boob! trapsC
*d+ An! clandestine laborator! was concealed with legitimate business
operationsC or
*e+ An! emplo!ment of a practitioner% chemical engineer% public official or
foreigner.
Se1tion . $llegal Cheical Diversion of Controlled Precursors and &ssential
Cheicals. # The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+
da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos
*6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon
an! person% who% unless authori$ed b! law% shall illegall! divert an! controlled precursor
and essential chemical.
Se1tion !(. )anufacture or Delivery of &+uipent! $nstruent! (pparatus! and ,ther
Paraphernalia for Dangerous Drugs and%or Controlled Precursors and &ssential
Cheicals. # The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+
da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos
*6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon
an! person who shall deliver% possess with intent to deliver% or manufacture with intent
to deliver e(uipment% instrument% apparatus and other paraphernalia for dangerous
drugs% knowing% or under circumstances where one reasonabl! should know% that it will
be used to plant% propagate% cultivate% grow% harvest% manufacture% compound% convert%
produce% process% prepare% test% anal!$e% pack% repack% store% contain or conceal an!
dangerous drug and,or controlled precursor and essential chemical in violation of this
Act.
The penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to four *2+
!ears and a fine ranging from Ten thousand pesos *680%000.00+ to Aift! thousand
pesos *6D0%000.00+ shall be imposed if it will be used to in'ect% ingest% inhale or
otherwise introduce into the human bod! a dangerous drug in violation of this Act.
person% who uses a minor or a mentall! incapacitated individual to deliver such
e(uipment% instrument% apparatus and other paraphernalia for dangerous drugs.
Se1tion !!. Possession of Dangerous Drugs. # The penalt! of life imprisonment to
death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten
million pesos *680%000%000.00+ shall be imposed upon an! person% who% unless
authori$ed b! law% shall possess an! dangerous drug in the following (uantities%
regardless of the degree of purit! thereof)
*8+ 80 grams or more of opiumC
*2+ 80 grams or more of morphineC
*1+ 80 grams or more of heroinC
*2+ 80 grams or more of cocaine or cocaine h!drochlorideC
*D+ D0 grams or more of methamphetamine h!drochloride or "shabu"C
*=+ 80 grams or more of mari'uana resin or mari'uana resin oilC
*/+ D00 grams or more of mari'uanaC and
*:+ 80 grams or more of other dangerous drugs such as% but not limited to%
meth!lenedio4!methamphetamine *BDA+ or "ecstas!"%
parametho4!amphetamine *6BA+% trimetho4!amphetamine *TBA+% l!sergic acid
dieth!lamine *5"D+% gamma h!dro4!amphetamine *E?-+% and those similarl!
designed or newl! introduced drugs and their derivatives% without having an!
therapeutic value or if the (uantit! possessed is far be!ond therapeutic
re(uirements% as determined and promulgated b! the -oard in accordance to
"ection 91% Article 0 of this Act.
@therwise% if the (uantit! involved is less than the foregoing (uantities% the penalties
shall be graduated as follows)
*8+ 5ife imprisonment and a fine ranging from Aour hundred thousand pesos
*6200%000.00+ to Aive hundred thousand pesos *6D00%000.00+% if the (uantit! of
methamphetamine h!drochloride or "shabu" is ten *80+ grams or more but less
than fift! *D0+ gramsC
*2+ mprisonment of twent! *20+ !ears and one *8+ da! to life imprisonment and a
fine ranging from Aour hundred thousand pesos *6200%000.00+ to Aive hundred
thousand pesos *6D00%000.00+% if the (uantities of dangerous drugs are five *D+
grams or more but less than ten *80+ grams of opium% morphine% heroin% cocaine
or cocaine h!drochloride% mari'uana resin or mari'uana resin oil%
methamphetamine h!drochloride or "shabu"% or other dangerous drugs such as%
but not limited to% BDBA or "ecstas!"% 6BA% TBA% 5"D% E?-% and those similarl!
designed or newl! introduced drugs and their derivatives% without having an!
therapeutic value or if the (uantit! possessed is far be!ond therapeutic
re(uirementsC or three hundred *100+ grams or more but less than five *hundred+
D00+ grams of mari'uanaC and
*1+ mprisonment of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a
fine ranging from Three hundred thousand pesos *6100%000.00+ to Aour hundred
thousand pesos *6200%000.00+% if the (uantities of dangerous drugs are less than
five *D+ grams of opium% morphine% heroin% cocaine or cocaine h!drochloride%
mari'uana resin or mari'uana resin oil% methamphetamine h!drochloride or
"shabu"% or other dangerous drugs such as% but not limited to% BDBA or
"ecstas!"% 6BA% TBA% 5"D% E?-% and those similarl! designed or newl!
introduced drugs and their derivatives% without having an! therapeutic value or if
the (uantit! possessed is far be!ond therapeutic re(uirementsC or less than three
hundred *100+ grams of mari'uana.
Se1tion !'. Possession of &+uipent! $nstruent! (pparatus and ,ther Paraphernalia
for Dangerous Drugs. ' The penalt! of imprisonment ranging from si4 *=+ months and
one *8+ da! to four *2+ !ears and a fine ranging from Ten thousand pesos *680%000.00+
to Aift! thousand pesos *6D0%000.00+ shall be imposed upon an! person% who% unless
authori$ed b! law% shall possess or have under his,her control an! e(uipment%
instrument% apparatus and other paraphernalia fit or intended for smoking% consuming%
administering% in'ecting% ingesting% or introducing an! dangerous drug into the bod!)
Provided% That in the case of medical practitioners and various professionals who are
re(uired to carr! such e(uipment% instrument% apparatus and other paraphernalia in the
practice of their profession% the -oard shall prescribe the necessar! implementing
guidelines thereof.
The possession of such e(uipment% instrument% apparatus and other paraphernalia fit or
intended for an! of the purposes enumerated in the preceding paragraph shall be pria
facie evidence that the possessor has smoked% consumed% administered to
himself,herself% in'ected% ingested or used a dangerous drug and shall be presumed to
have violated "ection 8D of this Act.
Se1tion !3. Possession of Dangerous Drugs During Parties! Social -atherings or
)eetings. An! person found possessing an! dangerous drug during a part!% or at a
social gathering or meeting% or in the pro4imate compan! of at least two *2+ persons%
shall suffer the ma4imum penalties provided for in "ection 88 of this Act% regardless of
the (uantit! and purit! of such dangerous drugs.
Se1tion !.. Possession of &+uipent! $nstruent! (pparatus and ,ther Paraphernalia
for Dangerous Drugs During Parties! Social -atherings or )eetings. # The ma4imum
penalt! provided for in "ection 82 of this Act shall be imposed upon an! person% who
shall possess or have under his,her control an! e(uipment% instrument% apparatus and
other paraphernalia fit or intended for smoking% consuming% administering% in'ecting%
ingesting% or introducing an! dangerous drug into the bod!% during parties% social
gatherings or meetings% or in the pro4imate compan! of at least two *2+ persons.
Se1tion !#. .se of Dangerous Drugs. A person apprehended or arrested% who is
found to be positive for use of an! dangerous drug% after a confirmator! test% shall be
imposed a penalt! of a minimum of si4 *=+ months rehabilitation in a government center
for the first offense% sub'ect to the provisions of Article 3 of this Act. f apprehended
using an! dangerous drug for the second time% he,she shall suffer the penalt! of
imprisonment ranging from si4 *=+ !ears and one *8+ da! to twelve *82+ !ears and a fine
ranging from Aift! thousand pesos *6D0%000.00+ to Two hundred thousand pesos
*6200%000.00+) Provided! That this "ection shall not be applicable where the person
tested is also found to have in his,her possession such (uantit! of an! dangerous drug
provided for under "ection 88 of this Act% in which case the provisions stated therein
shall appl!.
Se1tion !". Cultivation or Culture of Plants Classified as Dangerous Drugs or are
Sources Thereof. ' The penalt! of life imprisonment to death and a fine ranging from
Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+
shall be imposed upon an! person% who shall plant% cultivate or culture mari'uana%
opium popp! or an! other plant regardless of (uantit!% which is or ma! hereafter be
classified as a dangerous drug or as a source from which an! dangerous drug ma! be
manufactured or derived) Provided% That in the case of medical laboratories and
medical research centers which cultivate or culture mari'uana% opium popp! and other
plants% or materials of such dangerous drugs for medical e4periments and research
purposes% or for the creation of new t!pes of medicine% the -oard shall prescribe the
necessar! implementing guidelines for the proper cultivation% culture% handling%
e4perimentation and disposal of such plants and materials.
The land or portions thereof and,or greenhouses on which an! of said plants is
cultivated or cultured shall be confiscated and escheated in favor of the "tate% unless
the owner thereof can prove lack of knowledge of such cultivation or culture despite the
e4ercise of due diligence on his,her part. f the land involved is part of the public
domain% the ma4imum penalt! provided for under this "ection shall be imposed upon
the offender.
Se1tion !%. )aintenance and /eeping of ,riginal Records of Transactions on
Dangerous Drugs and%or Controlled Precursors and &ssential Cheicals. ' The penalt!
of imprisonment ranging from one *8+ !ear and one *8+ da! to si4 *=+ !ears and a fine
ranging from Ten thousand pesos *680%000.00+ to Aift! thousand pesos *6D0%000.00+
shall be imposed upon an! practitioner% manufacturer% wholesaler% importer% distributor%
dealer or retailer who violates or fails to compl! with the maintenance and keeping of
the original records of transactions on an! dangerous drug and,or controlled precursor
and essential chemical in accordance with "ection 20 of this Act.
An additional penalt! shall be imposed through the revocation of the license to practice
his,her profession% in case of a practitioner% or of the business% in case of a
manufacturer% seller% importer% distributor% dealer or retailer.
Se1tion !5. .nnecessary Prescription of Dangerous Drugs. The penalt! of
imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a
fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred
thousand pesos *6D00%000.00+ and the additional penalt! of the revocation of his,her
license to practice shall be imposed upon the practitioner% who shall prescribe an!
dangerous drug to an! person whose ph!sical or ph!siological condition does not
re(uire the use or in the dosage prescribed therein% as determined b! the -oard in
consultation with recogni$ed competent e4perts who are authori$ed representatives of
professional organi$ations of practitioners% particularl! those who are involved in the
care of persons with severe pain.
Se1tion !. .nla0ful Prescription of Dangerous Drugs. The penalt! of life
imprisonment to death and a fine ranging from Aive hundred thousand pesos
*6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an!
person% who% unless authori$ed b! law% shall make or issue a prescription or an! other
writing purporting to be a prescription for an! dangerous drug.
Se1tion '(. Confiscation and 1orfeiture of the Proceeds or $nstruents of the .nla0ful
(ct! $ncluding the Properties or Proceeds Derived fro the $llegal Traffic2ing of
Dangerous Drugs and%or Precursors and &ssential Cheicals. 7ver! penalt! imposed
for the unlawful importation% sale% trading% administration% dispensation% deliver!%
distribution% transportation or manufacture of an! dangerous drug and,or controlled
precursor and essential chemical% the cultivation or culture of plants which are sources
of dangerous drugs% and the possession of an! e(uipment% instrument% apparatus and
other paraphernalia for dangerous drugs including other laborator! e(uipment% shall
carr! with it the confiscation and forfeiture% in favor of the government% of all the
proceeds and properties derived from the unlawful act% including% but not limited to%
mone! and other assets obtained thereb!% and the instruments or tools with which the
particular unlawful act was committed% unless the! are the propert! of a third person not
liable for the unlawful act% but those which are not of lawful commerce shall be ordered
destro!ed without dela! pursuant to the provisions of "ection 28 of this Act.
After conviction in the .egional Trial Court in the appropriate criminal case filed% the
Court shall immediatel! schedule a hearing for the confiscation and forfeiture of all the
proceeds of the offense and all the assets and properties of the accused either owned
or held b! him or in the name of some other persons if the same shall be found to be
manifestl! out of proportion to his,her lawful income) Provided! ho0ever% That if the
forfeited propert! is a vehicle% the same shall be auctioned off not later than five *D+
da!s upon order of confiscation or forfeiture.
During the pendenc! of the case in the .egional Trial Court% no propert!% or income
derived therefrom% which ma! be confiscated and forfeited% shall be disposed% alienated
or transferred and the same shall be in custodia legis and no bond shall be admitted for
the release of the same.
The proceeds of an! sale or disposition of an! propert! confiscated or forfeited under
this "ection shall be used to pa! all proper e4penses incurred in the proceedings for the
confiscation% forfeiture% custod! and maintenance of the propert! pending disposition% as
well as e4penses for publication and court costs. The proceeds in e4cess of the above
e4penses shall accrue to the -oard to be used in its campaign against illegal drugs.
Se1tion '!. Custody and Disposition of Confiscated! Sei"ed! and%or Surrendered
Dangerous Drugs! Plant Sources of Dangerous Drugs! Controlled Precursors and
&ssential Cheicals! $nstruents%Paraphernalia and%or Laboratory &+uipent. The
6D7A shall take charge and have custod! of all dangerous drugs% plant sources of
dangerous drugs% controlled precursors and essential chemicals% as well as
instruments,paraphernalia and,or laborator! e(uipment so confiscated% sei$ed and,or
surrendered% for proper disposition in the following manner)
*8+ The apprehending team having initial custod! and control of the drugs shall%
immediatel! after sei$ure and confiscation% ph!sicall! inventor! and photograph
the same in the presence of the accused or the person,s from whom such items
were confiscated and,or sei$ed% or his,her representative or counsel% a
representative from the media and the Department of Fustice *D@F+% and an!
elected public official who shall be re(uired to sign the copies of the inventor!
and be given a cop! thereofC
*2+ >ithin twent!#four *22+ hours upon confiscation,sei$ure of dangerous drugs%
plant sources of dangerous drugs% controlled precursors and essential chemicals%
as well as instruments,paraphernalia and,or laborator! e(uipment% the same
shall be submitted to the 6D7A Aorensic 5aborator! for a (ualitative and
(uantitative e4aminationC
*1+ A certification of the forensic laborator! e4amination results% which shall be
done under oath b! the forensic laborator! e4aminer% shall be issued within
twent!#four *22+ hours after the receipt of the sub'ect item,s) Provided% That when
the volume of the dangerous drugs% plant sources of dangerous drugs% and
controlled precursors and essential chemicals does not allow the completion of
testing within the time frame% a partial laborator! e4amination report shall be
provisionall! issued stating therein the (uantities of dangerous drugs still to be
e4amined b! the forensic laborator!) Provided! ho0ever% That a final certification
shall be issued on the completed forensic laborator! e4amination on the same
within the ne4t twent!#four *22+ hoursC
*2+ After the filing of the criminal case% the Court shall% within sevent!#two */2+
hours% conduct an ocular inspection of the confiscated% sei$ed and,or
surrendered dangerous drugs% plant sources of dangerous drugs% and controlled
precursors and essential chemicals% including the instruments,paraphernalia
and,or laborator! e(uipment% and through the 6D7A shall within twent!#four *22+
hours thereafter proceed with the destruction or burning of the same% in the
presence of the accused or the person,s from whom such items were confiscated
and,or sei$ed% or his,her representative or counsel% a representative from the
media and the D@F% civil societ! groups and an! elected public official. The
-oard shall draw up the guidelines on the manner of proper disposition and
destruction of such item,s which shall be borne b! the offender) Provided% That
those item,s of lawful commerce% as determined b! the -oard% shall be donated%
used or rec!cled for legitimate purposes) Provided! further% That a representative
sample% dul! weighed and recorded is retainedC
*D+ The -oard shall then issue a sworn certification as to the fact of destruction or
burning of the sub'ect item,s which% together with the representative sample,s in
the custod! of the 6D7A% shall be submitted to the court having 'urisdiction over
the case. n all instances% the representative sample,s shall be kept to a minimum
(uantit! as determined b! the -oardC
*=+ The alleged offender or his,her representative or counsel shall be allowed to
personall! observe all of the above proceedings and his,her presence shall not
constitute an admission of guilt. n case the said offender or accused refuses or
fails to appoint a representative after due notice in writing to the accused or
his,her counsel within sevent!#two */2+ hours before the actual burning or
destruction of the evidence in (uestion% the "ecretar! of Fustice shall appoint a
member of the public attorne!&s office to represent the formerC
*/+ After the promulgation and 'udgment in the criminal case wherein the
representative sample,s was presented as evidence in court% the trial prosecutor
shall inform the -oard of the final termination of the case and% in turn% shall
re(uest the court for leave to turn over the said representative sample,s to the
6D7A for proper disposition and destruction within twent!#four *22+ hours from
receipt of the sameC and
*:+ Transitor! 6rovision) a+ >ithin twent!#four *22+ hours from the effectivit! of
this Act% dangerous drugs defined herein which are presentl! in possession of
law enforcement agencies shall% with leave of court% be burned or destro!ed% in
the presence of representatives of the Court% D@F% Department of ?ealth *D@?+
and the accused,and or his,her counsel% and% b+ 6ending the organi$ation of the
6D7A% the custod!% disposition% and burning or destruction of sei$ed,surrendered
dangerous drugs provided under this "ection shall be implemented b! the D@?.
Se1tion ''. -rant of Copensation! Re0ard and (0ard. The -oard shall recommend
to the concerned government agenc! the grant of compensation% reward and award to
an! person providing information and to law enforcers participating in the operation%
which results in the successful confiscation% sei$ure or surrender of dangerous drugs%
plant sources of dangerous drugs% and controlled precursors and essential chemicals.
Se1tion '3. Plea'Bargaining Provision. An! person charged under an! provision of
this Act regardless of the imposable penalt! shall not be allowed to avail of the provision
on plea#bargaining.
Se1tion '.. 3on'(pplicability of the Probation La0 for Drug Traffic2ers and Pushers.
An! person convicted for drug trafficking or pushing under this Act% regardless of the
penalt! imposed b! the Court% cannot avail of the privilege granted b! the 6robation
5aw or 6residential Decree <o. 9=:% as amended.
Se1tion '#. 4ualifying (ggravating Circustances in the Coission of a Crie by an
,ffender .nder the $nfluence of Dangerous Drugs. <otwithstanding the provisions of
an! law to the contrar!% a positive finding for the use of dangerous drugs shall be a
(ualif!ing aggravating circumstance in the commission of a crime b! an offender% and
the application of the penalt! provided for in the .evised 6enal Code shall be
applicable.
Se1tion '". (ttept or Conspiracy. An! attempt or conspirac! to commit the following
unlawful acts shall be penali$ed b! the same penalt! prescribed for the commission of
the same as provided under this Act)
*a+ mportation of an! dangerous drug and,or controlled precursor and essential
chemicalC
*b+ "ale% trading% administration% dispensation% deliver!% distribution and
transportation of an! dangerous drug and,or controlled precursor and essential
chemicalC
*c+ Baintenance of a den% dive or resort where an! dangerous drug is used in
an! formC
*d+ Banufacture of an! dangerous drug and,or controlled precursor and essential
chemicalC and
*e+ Cultivation or culture of plants which are sources of dangerous drugs.
Se1tion '%. Criinal Liability of a Public ,fficer or &ployee for )isappropriation!
)isapplication or 1ailure to (ccount for the Confiscated! Sei"ed and%or Surrendered
Dangerous Drugs! Plant Sources of Dangerous Drugs! Controlled Precursors and
&ssential Cheicals! $nstruents%Paraphernalia and%or Laboratory &+uipent $ncluding
the Proceeds or Properties ,btained fro the .nla0ful (ct Coitted. The penalt! of
life imprisonment to death and a fine ranging from Aive hundred thousand pesos
*6D00%000.00+ to Ten million pesos *680%000%000.00+% in addition to absolute perpetual
dis(ualification from an! public office% shall be imposed upon an! public officer or
emplo!ee who misappropriates% misapplies or fails to account for confiscated% sei$ed or
surrendered dangerous drugs% plant sources of dangerous drugs% controlled precursors
and essential chemicals% instruments,paraphernalia and,or laborator! e(uipment
including the proceeds or properties obtained from the unlawful acts as provided for in
this Act.
An! elective local or national official found to have benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in this Act% or have received an! financial
or material contributions or donations from natural or 'uridical persons found guilt! of
trafficking dangerous drugs as prescribed in this Act% shall be removed from office and
perpetuall! dis(ualified from holding an! elective or appointive positions in the
government% its divisions% subdivisions% and intermediaries% including government#
owned or controlled corporations.
Se1tion '5. Criinal Liability of -overnent ,fficials and &ployees. The ma4imum
penalties of the unlawful acts provided for in this Act shall be imposed% in addition to
absolute perpetual dis(ualification from an! public office% if those found guilt! of such
unlawful acts are government officials and emplo!ees.
Se1tion '. Criinal Liability for Planting of &vidence. An! person who is found guilt!
of "planting" an! dangerous drug and,or controlled precursor and essential chemical%
regardless of (uantit! and purit!% shall suffer the penalt! of death.
Se1tion 3(. Criinal Liability of ,fficers of Partnerships! Corporations! (ssociations or
,ther 5uridical &ntities. n case an! violation of this Act is committed b! a partnership%
corporation% association or an! 'uridical entit!% the partner% president% director% manager%
trustee% estate administrator% or officer who consents to or knowingl! tolerates such
violation shall be held criminall! liable as a co#principal.
The penalt! provided for the offense under this Act shall be imposed upon the partner%
president% director% manager% trustee% estate administrator% or officer who knowingl!
authori$es% tolerates or consents to the use of a vehicle% vessel% aircraft% e(uipment or
other facilit!% as an instrument in the importation% sale% trading% administration%
dispensation% deliver!% distribution% transportation or manufacture of dangerous drugs%
or chemical diversion% if such vehicle% vessel% aircraft% e(uipment or other instrument is
owned b! or under the control or supervision of the partnership% corporation% association
or 'uridical entit! to which the! are affiliated.
Se1tion 3!. (dditional Penalty if ,ffender is an (lien. n addition to the penalties
prescribed in the unlawful act committed% an! alien who violates such provisions of this
Act shall% after service of sentence% be deported immediatel! without further
proceedings% unless the penalt! is death.
Se1tion 3'. Liability to a Person *iolating (ny Regulation $ssued by the Board. The
penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to four *2+ !ears
and a fine ranging from Ten thousand pesos *680%000.00+ to Aift! thousand pesos
*6D0%000.00+ shall be imposed upon an! person found violating an! regulation dul!
issued b! the -oard pursuant to this Act% in addition to the administrative sanctions
imposed b! the -oard.
Se1tion 33. $unity fro Prosecution and Punishent. <otwithstanding the
provisions of "ection 8/% .ule 889 of the .evised .ules of Criminal 6rocedure and the
provisions of .epublic Act <o. =9:8 or the >itness 6rotection% "ecurit! and -enefit Act
of 8998% an! person who has violated "ections /% 88% 82% 82% 8D% and 89% Article of this
Act% who voluntaril! gives information about an! violation of "ections 2% D% =% :% 80% 81%
and 8=% Article of this Act as well as an! violation of the offenses mentioned if
committed b! a drug s!ndicate% or an! information leading to the whereabouts% identities
and arrest of all or an! of the members thereofC and who willingl! testifies against such
persons as described above% shall be e4empted from prosecution or punishment for the
offense with reference to which his,her information of testimon! were given% and ma!
plead or prove the giving of such information and testimon! in bar of such prosecution)
Provided! That the following conditions concur)
*8+ The information and testimon! are necessar! for the conviction of the persons
described aboveC
*2+ "uch information and testimon! are not !et in the possession of the "tateC
*1+ "uch information and testimon! can be corroborated on its material pointsC
*2+ the informant or witness has not been previousl! convicted of a crime
involving moral turpitude% e4cept when there is no other direct evidence available
for the "tate other than the information and testimon! of said informant or
witnessC and
*D+ The informant or witness shall strictl! and faithfull! compl! without dela!% an!
condition or undertaking% reduced into writing% lawfull! imposed b! the "tate as
further consideration for the grant of immunit! from prosecution and punishment.
Provided! further% That this immunit! ma! be en'o!ed b! such informant or witness who
does not appear to be most guilt! for the offense with reference to which his,her
information or testimon! were given) Provided! finally% That there is no direct evidence
available for the "tate e4cept for the information and testimon! of the said informant or
witness.
Se1tion 3.. Terination of the -rant of $unity. The immunit! granted to the
informant or witness% as prescribed in "ection 11 of this Act% shall not attach should it
turn out subse(uentl! that the information and,or testimon! is false% malicious or made
onl! for the purpose of harassing% molesting or in an! wa! pre'udicing the persons
described in the preceding "ection against whom such information or testimon! is
directed against. n such case% the informant or witness shall be sub'ect to prosecution
and the en'o!ment of all rights and benefits previousl! accorded him under this Act or
an! other law% decree or order shall be deemed terminated.
n case an informant or witness under this Act fails or refuses to testif! without 'ust
cause% and when lawfull! obliged to do so% or should he,she violate an! condition
accompan!ing such immunit! as provided above% his,her immunit! shall be removed
and he,she shall likewise be sub'ect to contempt and,or criminal prosecution% as the
case ma! be% and the en'o!ment of all rights and benefits previousl! accorded him
under this Act or in an! other law% decree or order shall be deemed terminated.
n case the informant or witness referred to under this Act falls under the applicabilit! of
this "ection hereof% such individual cannot avail of the provisions under Article 3 of
this Act.
Se1tion 3#. (ccessory Penalties. A person convicted under this Act shall be
dis(ualified to e4ercise his,her civil rights such as but not limited to% the rights of
parental authorit! or guardianship% either as to the person or propert! of an! ward% the
rights to dispose of such propert! b! an! act or an! conve!ance inter vivos% and political
rights such as but not limited to% the right to vote and be voted for. "uch rights shall also
be suspended during the pendenc! of an appeal from such conviction.
ARTICLE III
-angerous -rugs Test an4 Re1or4 Re6uire2ents
Se1tion 3". (uthori"ed Drug Testing. Authori$ed drug testing shall be done b! an!
government forensic laboratories or b! an! of the drug testing laboratories accredited
and monitored b! the D@? to safeguard the (ualit! of test results. The D@? shall take
steps in setting the price of the drug test with D@? accredited drug testing centers to
further reduce the cost of such drug test. The drug testing shall emplo!% among others%
two *2+ testing methods% the screening test which will determine the positive result as
well as the t!pe of the drug used and the confirmator! test which will confirm a positive
screening test. Drug test certificates issued b! accredited drug testing centers shall be
valid for a one#!ear period from the date of issue which ma! be used for other
purposes. The following shall be sub'ected to undergo drug testing)
*a+ Applicants for driver&s license. <o driver&s license shall be issued or
renewed to an! person unless he,she presents a certification that he,she has
undergone a mandator! drug test and indicating thereon that he,she is free from
the use of dangerous drugsC
*b+ Applicants for firearm&s license and for permit to carr! firearms outside of
residence. All applicants for firearm&s license and permit to carr! firearms
outside of residence shall undergo a mandator! drug test to ensure that the! are
free from the use of dangerous drugs) Provided% That all persons who b! the
nature of their profession carr! firearms shall undergo drug testingC
*c+ "tudents of secondar! and tertiar! schools. "tudents of secondar! and
tertiar! schools shall% pursuant to the related rules and regulations as contained
in the school&s student handbook and with notice to the parents% undergo a
random drug testing) Provided% That all drug testing e4penses whether in public
or private schools under this "ection will be borne b! the governmentC
*d+ @fficers and emplo!ees of public and private offices. @fficers and
emplo!ees of public and private offices% whether domestic or overseas% shall be
sub'ected to undergo a random drug test as contained in the compan!&s work
rules and regulations% which shall be borne b! the emplo!er% for purposes of
reducing the risk in the workplace. An! officer or emplo!ee found positive for use
of dangerous drugs shall be dealt with administrativel! which shall be a ground
for suspension or termination% sub'ect to the provisions of Article 2:2 of the 5abor
Code and pertinent provisions of the Civil "ervice 5awC
*e+ @fficers and members of the militar!% police and other law enforcement
agencies. @fficers and members of the militar!% police and other law
enforcement agencies shall undergo an annual mandator! drug testC
*f+ All persons charged before the prosecutor&s office with a criminal offense
having an imposable penalt! of imprisonment of not less than si4 *=+ !ears and
one *8+ da! shall have to undergo a mandator! drug testC and
*g+ All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandator! drug test.
n addition to the above stated penalties in this "ection% those found to be
positive for dangerous drugs use shall be sub'ect to the provisions of "ection 8D
of this Act.
Se1tion 3%. $ssuance of 1alse or 1raudulent Drug Test Results. An! person
authori$ed% licensed or accredited under this Act and its implementing rules to conduct
drug e4amination or test% who issues false or fraudulent drug test results knowingl!%
willfull! or through gross negligence% shall suffer the penalt! of imprisonment ranging
from si4 *=+ !ears and one *8+ da! to twelve *82+ !ears and a fine ranging from @ne
hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos
*6D00%000.00+.
An additional penalt! shall be imposed through the revocation of the license to practice
his,her profession in case of a practitioner% and the closure of the drug testing center.
Se1tion 35. Laboratory &6aination or Test on (pprehended%(rrested ,ffenders.
"ub'ect to "ection 8D of this Act% an! person apprehended or arrested for violating the
provisions of this Act shall be sub'ected to screening laborator! e4amination or test
within twent!#four *22+ hours% if the apprehending or arresting officer has reasonable
ground to believe that the person apprehended or arrested% on account of ph!sical signs
or s!mptoms or other visible or outward manifestation% is under the influence of
dangerous drugs. f found to be positive% the results of the screening laborator!
e4amination or test shall be challenged within fifteen *8D+ da!s after receipt of the result
through a confirmator! test conducted in an! accredited anal!tical laborator! e(uipment
with a gas chromatograph,mass spectrometr! e(uipment or some such modern and
accepted method% if confirmed the same shall be pria facie evidence that such person
has used dangerous drugs% which is without pre'udice for the prosecution for other
violations of the provisions of this Act) Provided% That a positive screening laborator!
test must be confirmed for it to be valid in a court of law.
Se1tion 3. (ccreditation of Drug Testing Centers and Physicians. The D@? shall be
tasked to license and accredit drug testing centers in each province and cit! in order to
assure their capacit!% competence% integrit! and stabilit! to conduct the laborator!
e4aminations and tests provided in this Article% and appoint such technical and other
personnel as ma! be necessar! for the effective implementation of this provision. The
D@? shall also accredit ph!sicians who shall conduct the drug dependenc! e4amination
of a drug dependent as well as the after#care and follow#up program for the said drug
dependent. There shall be a control regulations% licensing and accreditation division
under the supervision of the D@? for this purpose.
Aor this purpose% the D@? shall establish% operate and maintain drug testing centers in
government hospitals% which must be provided at least with basic technologicall!
advanced e(uipment and materials% in order to conduct the laborator! e4amination and
tests herein provided% and appoint such (ualified and dul! trained technical and other
personnel as ma! be necessar! for the effective implementation of this provision.
Se1tion .(. Records Re+uired for Transactions on Dangerous Drug and Precursors
and &ssential Cheicals.
a+ 7ver! pharmacist dealing in dangerous drugs and,or controlled precursors and
essential chemicals shall maintain and keep an original record of sales%
purchases% ac(uisitions and deliveries of dangerous drugs% indicating therein the
following information)
*8+ 5icense number and address of the pharmacistC
*2+ <ame% address and license of the manufacturer% importer or
wholesaler from whom the dangerous drugs have been purchasedC
*1+ Guantit! and name of the dangerous drugs purchased or ac(uiredC
*2+ Date of ac(uisition or purchaseC
*D+ <ame% address and communit! ta4 certificate number of the bu!erC
*=+ "erial number of the prescription and the name of the ph!sician%
dentist% veterinarian or practitioner issuing the sameC
*/+ Guantit! and name of the dangerous drugs sold or deliveredC and
*:+ Date of sale or deliver!.
A certified true cop! of such record covering a period of si4 *=+ months% dul!
signed b! the pharmacist or the owner of the drugstore% pharmac! or chemical
establishment% shall be forwarded to the -oard within fifteen *8D+ da!s following
the last da! of Fune and December of each !ear% with a cop! thereof furnished
the cit! or municipal health officer concerned.
*b+ A ph!sician% dentist% veterinarian or practitioner authori$ed to prescribe an!
dangerous drug shall issue the prescription therefor in one *8+ original and two
*2+ duplicate copies. The original% after the prescription has been filled% shall be
retained b! the pharmacist for a period of one *8+ !ear from the date of sale or
deliver! of such drug. @ne *8+ cop! shall be retained b! the bu!er or b! the
person to whom the drug is delivered until such drug is consumed% while the
second cop! shall be retained b! the person issuing the prescription.
Aor purposes of this Act% all prescriptions issued b! ph!sicians% dentists%
veterinarians or practitioners shall be written on forms e4clusivel! issued b! and
obtainable from the D@?. "uch forms shall be made of a special kind of paper
and shall be distributed in such (uantities and contain such information and other
data as the D@? ma!% b! rules and regulations% re(uire. "uch forms shall onl! be
issued b! the D@? through its authori$ed emplo!ees to licensed ph!sicians%
dentists% veterinarians and practitioners in such (uantities as the -oard ma!
authori$e. n emergenc! cases% however% as the -oard ma! specif! in the public
interest% a prescription need not be accomplished on such forms. The prescribing
ph!sician% dentist% veterinarian or practitioner shall% within three *1+ da!s after
issuing such prescription% inform the D@? of the same in writing. <o prescription
once served b! the drugstore or pharmac! be reused nor an! prescription once
issued be refilled.
*c+ All manufacturers% wholesalers% distributors% importers% dealers and retailers of
dangerous drugs and,or controlled precursors and essential chemicals shall keep
a record of all inventories% sales% purchases% ac(uisitions and deliveries of the
same as well as the names% addresses and licenses of the persons from whom
such items were purchased or ac(uired or to whom such items were sold or
delivered% the name and (uantit! of the same and the date of the transactions.
"uch records ma! be sub'ected an!time for review b! the -oard.
ARTICLE I,
Parti1ipation of the Fa2il7& Stu4ents& Tea1hers an4 S1hool Authorities in the
Enfor1e2ent of this A1t
Se1tion .!. $nvolveent of the 1aily. The famil! being the basic unit of the Ailipino
societ! shall be primaril! responsible for the education and awareness of the members
of the famil! on the ill effects of dangerous drugs and close monitoring of famil!
members who ma! be susceptible to drug abuse.
Se1tion .'. Student Councils and Capus ,rgani"ations. All elementar!% secondar!
and tertiar! schools& student councils and campus organi$ations shall include in their
activities a program for the prevention of and deterrence in the use of dangerous drugs%
and referral for treatment and rehabilitation of students for drug dependence.
Se1tion .3. School Curricula. nstruction on drug abuse prevention and control shall
be integrated in the elementar!% secondar! and tertiar! curricula of all public and private
schools% whether general% technical% vocational or agro#industrial as well as in non#
formal% informal and indigenous learning s!stems. "uch instructions shall include)
*8+ Adverse effects of the abuse and misuse of dangerous drugs on the person%
the famil!% the school and the communit!C
*2+ 6reventive measures against drug abuseC
*1+ ?ealth% socio#cultural% ps!chological% legal and economic dimensions and
implications of the drug problemC
*2+ "teps to take when intervention on behalf of a drug dependent is needed% as
well as the services available for the treatment and rehabilitation of drug
dependentsC and
*D+ Bisconceptions about the use of dangerous drugs such as% but not limited to%
the importance and safet! of dangerous drugs for medical and therapeutic use as
well as the differentiation between medical patients and drug dependents in order
to avoid confusion and accidental stigmati$ation in the consciousness of the
students.
Se1tion ... Heads! Supervisors! and Teachers of Schools. Aor the purpose of
enforcing the provisions of Article of this Act% all school heads% supervisors and
teachers shall be deemed persons in authorit! and% as such% are hereb! empowered to
apprehend% arrest or cause the apprehension or arrest of an! person who shall violate
an! of the said provisions% pursuant to "ection D% .ule 881 of the .ules of Court. The!
shall be deemed persons in authorit! if the! are in the school or within its immediate
vicinit!% or even be!ond such immediate vicinit! if the! are in attendance at an! school
or class function in their official capacit! as school heads% supervisors% and teachers.
An! teacher or school emplo!ee% who discovers or finds that an! person in the school or
within its immediate vicinit! is liable for violating an! of said provisions% shall have the
dut! to report the same to the school head or immediate superior who shall% in turn%
report the matter to the proper authorities.
Aailure to do so in either case% within a reasonable period from the time of discover! of
the violation shall% after due hearing% constitute sufficient cause for disciplinar! action b!
the school authorities.
Se1tion .#. Publication and Distribution of )aterials on Dangerous Drugs. >ith the
assistance of the -oard% the "ecretar! of the Department of 7ducation *Dep7d+% the
Chairman of the Commission on ?igher 7ducation *C?7D+ and the Director#Eeneral of
the Technical 7ducation and "kills Development Authorit! *T7"DA+ shall cause the
development% publication and distribution of information and support educational
materials on dangerous drugs to the students% the facult!% the parents% and the
communit!.
Se1tion .". Special Drug &ducation Center. >ith the assistance of the -oard% the
Department of the nterior and 5ocal Eovernment *D5E+% the <ational Houth
Commission *<HC+% and the Department of "ocial >elfare and Development *D">D+
shall establish in each of its provincial office a special education drug center for out#of#
school !outh and street children. "uch Center which shall be headed b! the 6rovincial
"ocial. >elfare Development @fficer shall sponsor drug prevention programs and
activities and information campaigns with the end in view of educating the out#of#school
!outh and street children regarding the pernicious effects of drug abuse. The programs
initiated b! the Center shall likewise be adopted in all public and private orphanage and
e4isting special centers for street children.
ARTICLE ,
Pro2otion of a National -rug8Free /or9pla1e Progra2 /ith the Parti1ipation of
Pri:ate an4 La;or Se1tors an4 the -epart2ent of La;or an4 E2plo72ent
Se1tion .%. Drug'1ree 7or2place. t is deemed a polic! of the "tate to promote drug#
free workplaces using a tripartite approach. >ith the assistance of the -oard% the
Department of 5abor and 7mplo!ment *D@57+ shall develop% promote and implement a
national drug abuse prevention program in the workplace to be adopted b! private
companies with ten *80+ or more emplo!ees. "uch program shall include the mandator!
drafting and adoption of compan! policies against drug use in the workplace in close
consultation and coordination with the D@57% labor and emplo!er organi$ations% human
resource development managers and other such private sector organi$ations.
Se1tion .5. -uidelines for the 3ational Drug'1ree 7or2place Progra. The -oard
and the D@57 shall formulate the necessar! guidelines for the implementation of the
national drug#free workplace program. The amount necessar! for the implementation of
which shall be included in the annual Eeneral Appropriations Act.
ARTICLE ,I
Parti1ipation of the Pri:ate an4 La;or Se1tors in the Enfor1e2ent of this A1t
Se1tion .. Labor ,rgani"ations and the Private Sector. All labor unions% federations%
associations% or organi$ations in cooperation with the respective private sector partners
shall include in their collective bargaining or an! similar agreements% 'oint continuing
programs and information campaigns for the laborers similar to the programs provided
under "ection 2/ of this Act with the end in view of achieving a drug free workplace.
Se1tion #(. -overnent (ssistance. The labor sector and the respective partners
ma!% in pursuit of the programs mentioned in the preceding "ection% secure the
technical assistance% such as but not limited to% seminars and information dissemination
campaigns of the appropriate government and law enforcement agencies.
ARTICLE ,II
Parti1ipation of Lo1al )o:ern2ent Units
Se1tion #!. Local -overnent .nits8 (ssistance. 5ocal government units shall
appropriate a substantial portion of their respective annual budgets to assist in or
enhance the enforcement of this Act giving priorit! to preventive or educational
programs and the rehabilitation or treatment of drug dependents.
Se1tion #'. (bateent of Drug Related Public 3uisances. An! place or premises
which have been used on two or more occasions as the site of the unlawful sale or
deliver! of dangerous drugs ma! be declared to be a public nuisance% and such
nuisance ma! be abated% pursuant to the following procedures)
*8+ An! cit! or municipalit! ma!% b! ordinance% create an administrative board to
hear complaints regarding the nuisancesC
*2+ an! emplo!ee% officer% or resident of the cit! or municipalit! ma! bring a
complaint before the -oard after giving not less than three *1+ da!s written notice
of such complaint to the owner of the place or premises at his,her last known
addressC and
*1+ After hearing in which the -oard ma! consider an! evidence% including
evidence of the general reputation of the place or premises% and at which the
owner of the premises shall have an opportunit! to present evidence in his,her
defense% the -oard ma! declare the place or premises to be a public nuisance.
Se1tion #3. &ffect of Board Declaration. f the -oard declares a place or premises to
be a public nuisance% it ma! declare an order immediatel! prohibiting the conduct%
operation% or maintenance of an! business or activit! on the premises which is
conducive to such nuisance.
An order entered under this "ection shall e4pire after one *8+ !ear or at such earlier time
as stated in the order. The -oard ma! bring a complaint seeking a permanent in'unction
against an! nuisance described under this "ection.
This Article does not restrict the right of an! person to proceed under the Civil Code
against an! public nuisance.
ARTICLE ,III
Progra2 for Treat2ent an4 Reha;ilitation of -rug -epen4ents
Se1tion #.. *oluntary Subission of a Drug Dependent to Confineent! Treatent
and Rehabilitation. A drug dependent or an! person who violates "ection 8D of this
Act ma!% b! himself,herself or through his,her parent% spouse% guardian or relative within
the fourth degree of consanguinit! or affinit!% appl! to the -oard or its dul! recogni$ed
representative% for treatment and rehabilitation of the drug dependenc!. ;pon such
application% the -oard shall bring forth the matter to the Court which shall order that the
applicant be e4amined for drug dependenc!. f the e4amination b! a D@?#accredited
ph!sician results in the issuance of a certification that the applicant is a drug dependent%
he,she shall be ordered b! the Court to undergo treatment and rehabilitation in a Center
designated b! the -oard for a period of not less than si4 *=+ months) Provided% That a
drug dependent ma! be placed under the care of a D@?#accredited ph!sician where
there is no Center near or accessible to the residence of the drug dependent or where
said drug dependent is below eighteen *8:+ !ears of age and is a first#time offender and
non#confinement in a Center will not pose a serious danger to his,her famil! or the
communit!.
Confinement in a Center for treatment and rehabilitation shall not e4ceed one *8+ !ear%
after which time the Court% as well as the -oard% shall be apprised b! the head of the
treatment and rehabilitation center of the status of said drug dependent and determine
whether further confinement will be for the welfare of the drug dependent and his,her
famil! or the communit!.
Se1tion ##. &6eption fro the Criinal Liability .nder the *oluntary Subission
Progra. A drug dependent under the voluntar! submission program% who is finall!
discharged from confinement% shall be e4empt from the criminal liabilit! under "ection
8D of this act sub'ect to the following conditions)
*8+ ?e,she has complied with the rules and regulations of the center% the
applicable rules and regulations of the -oard% including the after#care and follow#
up program for at least eighteen *8:+ months following temporar! discharge from
confinement in the Center or% in the case of a dependent placed under the care
of the D@?#accredited ph!sician% the after#care program and follow#up schedule
formulated b! the D">D and approved b! the -oard) Provided% That capabilit!#
building of local government social workers shall be undertaken b! the D">DC
*2+ ?e,she has never been charged or convicted of an! offense punishable under
this Act% the Dangerous Drugs Act of 89/2 or .epublic Act <o. =22D% as
amendedC the .evised 6enal Code% as amendedC or an! special penal lawsC
*1+ ?e,she has no record of escape from a Center) Provided% That had he,she
escaped% he,she surrendered b! himself,herself or through his,her parent%
spouse% guardian or relative within the fourth degree of consanguinit! or affinit!%
within one *8+ week from the date of the said escapeC and
*2+ ?e,she poses no serious danger to himself,herself% his,her famil! or the
communit! b! his,her e4emption from criminal liabilit!.
Se1tion #". Teporary Release 1ro the Center9 (fter'Care and 1ollo0'.p Treatent
.nder the *oluntary Subission Progra. ;pon certification of the Center that the
drug dependent within the voluntar! submission program ma! be temporaril! released%
the Court shall order his,her release on condition that said drug dependent shall report
to the D@? for after#care and follow#up treatment% including urine testing% for a period
not e4ceeding eighteen *8:+ months under such terms and conditions that the Court
ma! impose.
f during the period of after#care and follow#up% the drug dependent is certified to be
rehabilitated% he,she ma! be discharged b! the Court% sub'ect to the provisions of
"ection DD of this Act% without pre'udice to the outcome of an! pending case filed in
court.
?owever% should the D@? find that during the initial after#care and follow#up program of
eighteen *8:+ months% the drug dependent re(uires further treatment and rehabilitation
in the Center% he,she shall be recommitted to the Center for confinement. Thereafter%
he,she ma! again be certified for temporar! release and ordered released for another
after#care and follow#up program pursuant to this "ection.
Se1tion #%. Probation and Counity Service .nder the *oluntary Subission
Progra. A drug dependent who is discharged as rehabilitated b! the D@?#accredited
Center through the voluntar! submission program% but does not (ualif! for e4emption
from criminal liabilit! under "ection DD of this Act% ma! be charged under the provisions
of this Act% but shall be placed on probation and undergo a communit! service in lieu of
imprisonment and,or fine in the discretion of the court% without pre'udice to the outcome
of an! pending case filed in court.
"uch drug dependent shall undergo communit! service as part of his,her after#care and
follow#up program% which ma! be done in coordination with nongovernmental civil
organi$ations accredited b! the D">D% with the recommendation of the -oard.
Se1tion #5. 1iling of Charges (gainst a Drug Dependent 7ho is 3ot Rehabilitated
.nder the *oluntary Subission Progra. A drug dependent% who is not rehabilitated
after the second commitment to the Center under the voluntar! submission program%
shall% upon recommendation of the -oard% be charged for violation of "ection 8D of this
Act and prosecuted like an! other offender. f convicted% he,she shall be credited for the
period of confinement and rehabilitation in the Center in the service of his,her sentence.
Se1tion #. &scape and Recoitent for Confineent and Rehabilitation .nder the
*oluntary Subission Progra. "hould a drug dependent under the voluntar!
submission program escape from the Center% he,she ma! submit himself,herself for
recommitment within one *8+ week therefrom% or his,her parent% spouse% guardian or
relative within the fourth degree of consanguinit! or affinit! ma!% within said period%
surrender him for recommitment% in which case the corresponding order shall be issued
b! the -oard.
"hould the escapee fail to submit himself,herself or be surrendered after one *8+ week%
the -oard shall appl! to the court for a recommitment order upon proof of previous
commitment or his,her voluntar! submission b! the -oard% the court ma! issue an order
for recommitment within one *8+ week.
f% subse(uent to a recommitment% the dependent once again escapes from
confinement% he,she shall be charged for violation of "ection 8D of this Act and he
sub'ected under section =8 of this Act% either upon order of the -oard or upon order of
the court% as the case ma! be.
Se1tion "(. Confidentiality of Records .nder the *oluntary Subission Progra.
Fudicial and medical records of drug dependents under the voluntar! submission
program shall be confidential and shall not be used against him for an! purpose% e4cept
to determine how man! times% b! himself,herself or through his,her parent% spouse%
guardian or relative within the fourth degree of consanguinit! or affinit!% he,she
voluntaril! submitted himself,herself for confinement% treatment and rehabilitation or has
been committed to a Center under this program.
Se1tion "!. Copulsory Confineent of a Drug Dependent 7ho Refuses to (pply
.nder the *oluntary Subission Progra. <otwithstanding an! law% rule and
regulation to the contrar!% an! person determined and found to be dependent on
dangerous drugs shall% upon petition b! the -oard or an! of its authori$ed
representative% be confined for treatment and rehabilitation in an! Center dul!
designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs
to a Center ma! be filed b! an! person authori$ed b! the -oard with the .egional Trial
Court of the province or cit! where such person is found.
After the petition is filed% the court% b! an order% shall immediatel! fi4 a date for the
hearing% and a cop! of such order shall be served on the person alleged to be
dependent on dangerous drugs% and to the one having charge of him.
f after such hearing and the facts so warrant% the court shall order the drug dependent
to be e4amined b! two *2+ ph!sicians accredited b! the -oard. f both ph!sicians
conclude that the respondent is not a drug dependent% the court shall order his,her
discharge. f either ph!sician finds him to be a dependent% the court shall conduct a
hearing and consider all relevant evidence which ma! be offered. f the court finds him a
drug dependent% it shall issue an order for his,her commitment to a treatment and
rehabilitation center under the supervision of the D@?. n an! event% the order of
discharge or order of confinement or commitment shall be issued not later than fifteen
*8D+ da!s from the filing of the appropriate petition.
Se1tion "'. Copulsory Subission of a Drug Dependent Charged 0ith an ,ffense to
Treatent and Rehabilitation. f a person charged with an offense where the
imposable penalt! is imprisonment of less than si4 *=+ !ears and one *8+ da!% and is
found b! the prosecutor or b! the court% at an! stage of the proceedings% to be a drug
dependent% the prosecutor or the court as the case ma! be% shall suspend all further
proceedings and transmit copies of the record of the case to the -oard.
n the event he -oard determines% after medical e4amination% that public interest
re(uires that such drug dependent be committed to a center for treatment and
rehabilitation% it shall file a petition for his,her commitment with the regional trial court of
the province or cit! where he,she is being investigated or tried) Provided% That where a
criminal case is pending in court% such petition shall be filed in the said court. The court
shall take 'udicial notice of the prior proceedings in the case and shall proceed to hear
the petition. f the court finds him to be a drug dependent% it shall order his,her
commitment to a Center for treatment and rehabilitation. The head of said Center shall
submit to the court ever! four *2+ months% or as often as the court ma! re(uire% a written
report on the progress of the treatment. f the dependent is rehabilitated% as certified b!
the center and the -oard% he,she shall be returned to the court% which committed him%
for his,her discharge therefrom.
Thereafter% his,her prosecution for an! offense punishable b! law shall be instituted or
shall continue% as the case ma! be. n case of conviction% the 'udgment shall% if the
accused is certified b! the treatment and rehabilitation center to have maintained good
behavior% indicate that he,she shall be given full credit for the period he,she was
confined in the Center) Provided! ho0ever% That when the offense is for violation of
"ection 8D of this Act and the accused is not a recidivist% the penalt! thereof shall be
deemed to have been served in the Center upon his,her release therefrom after
certification b! the Center and the -oard that he,she is rehabilitated.
Se1tion "3. Prescription of the ,ffense Charged (gainst a Drug Dependent .nder the
Copulsory Subission Progra. The period of prescription of the offense charged
against a drug dependent under the compulsor! submission program shall not run
during the time that the drug dependent is under confinement in a Center or otherwise
under the treatment and rehabilitation program approved b! the -oard.
;pon certification of the Center that he,she ma! temporaril! be discharged from the
said Center% the court shall order his,her release on condition that he,she shall report to
the -oard through the D@? for after#care and follow#up treatment for a period not
e4ceeding eighteen *8:+ months under such terms and conditions as ma! be imposed
b! the -oard.
f at an!time during the after#care and follow#up period% the -oard certifies to his,her
complete rehabilitation% the court shall order his,her final discharge from confinement
and order for the immediate resumption of the trial of the case for which he,she is
originall! charged. "hould the -oard through the D@? find at an!time during the after#
care and follow#up period that he,she re(uires further treatment and rehabilitation% it
shall report to the court% which shall order his,her recommitment to the Center.
"hould the drug dependent% having been committed to a Center upon petition b! the
-oard escape therefrom% he,she ma! resubmit himself,herself for confinement within
one *8+ week from the date of his,her escapeC or his,her parent% spouse% guardian or
relative within the fourth degree of consanguinit! or affinit! ma!% within the same period%
surrender him for recommitment. f% however% the drug dependent does not resubmit
himself,herself for confinement or he,she is not surrendered for recommitment% the
-oard ma! appl! with the court for the issuance of the recommitment order. ;pon proof
of previous commitment% the court shall issue an order for recommitment. f% subse(uent
to such recommitment% he,she should escape again% he,she shall no longer be e4empt
from criminal liabilit! for use of an! dangerous drug.
A drug dependent committed under this particular "ection who is finall! discharged from
confinement shall be e4empt from criminal liabilit! under "ection 8D of this Act% without
pre'udice to the outcome of an! pending case filed in court. @n the other hand% a drug
dependent who is not rehabilitated after a second commitment to the Center shall% upon
conviction b! the appropriate court% suffer the same penalties provided for under
"ection 8D of this Act again without pre'udice to the outcome of an! pending case filed
in court.
Se1tion ".. Confidentiality of Records .nder the Copulsory Subission Progra.
The records of a drug dependent who was rehabilitated and discharged from the Center
under the compulsor! submission program% or who was charged for violation of "ection
8D of this Act% shall be covered b! "ection =0 of this Act. ?owever% the records of a drug
dependent who was not rehabilitated% or who escaped but did not surrender
himself,herself within the prescribed period% shall be forwarded to the court and their
use shall be determined b! the court% taking into consideration public interest and the
welfare of the drug dependent.
Se1tion "#. Duty of the Prosecutor in the Proceedings. t shall be the dut! of the
provincial or the cit! prosecutor or their assistants or state prosecutors to prepare the
appropriate petition in all proceedings arising from this Act.
Se1tion "". Suspension of Sentence of a 1irst'Tie )inor ,ffender. An accused who
is over fifteen *8D+ !ears of age at the time of the commission of the offense mentioned
in "ection 88 of this Act% but not more than eighteen *8:+ !ears of age at the time when
'udgment should have been promulgated after having been found guilt! of said offense%
ma! be given the benefits of a suspended sentence% sub'ect to the following conditions)
*a+ ?e,she has not been previousl! convicted of violating an! provision of this
Act% or of the Dangerous Drugs Act of 89/2% as amendedC or of the .evised
6enal CodeC or of an! special penal lawsC
*b+ ?e,she has not been previousl! committed to a Center or to the care of a
D@?#accredited ph!sicianC and
*c+ The -oard favorabl! recommends that his,her sentence be suspended.
>hile under suspended sentence% he,she shall be under the supervision and
rehabilitative surveillance of the -oard% under such conditions that the court ma! impose
for a period ranging from si4 *=+ months to eighteen *8:+ months.
;pon recommendation of the -oard% the court ma! commit the accused under
suspended sentence to a Center% or to the care of a D@?#accredited ph!sician for at
least si4 *=+ months% with after#care and follow#up program for not more than eighteen
*8:+ months.
n the case of minors under fifteen *8D+ !ears of age at the time of the commission of
an! offense penali$ed under this Act% Article 892 of 6residential Decree <o. =01%
otherwise known as the Child and Houth >elfare Code% as amended b! 6residential
Decree <o. 88/9 shall appl!% without pre'udice to the application of the provisions of this
"ection.
Se1tion "%. Discharge (fter Copliance 0ith Conditions of Suspended Sentence of a
1irst'Tie )inor ,ffender. f the accused first time minor offender under suspended
sentence complies with the applicable rules and regulations of the -oard% including
confinement in a Center% the court% upon a favorable recommendation of the -oard for
the final discharge of the accused% shall discharge the accused and dismiss all
proceedings.
;pon the dismissal of the proceedings against the accused% the court shall enter an
order to e4punge all official records% other than the confidential record to be retained b!
the D@F relating to the case. "uch an order% which shall be kept confidential% shall
restore the accused to his,her status prior to the case. ?e,she shall not be held
thereafter to be guilt! of per'ur! or of concealment or misrepresentation b! reason of
his,her failure to acknowledge the case or recite an! fact related thereto in response to
an! in(uir! made of him for an! purpose.
Se1tion "5. Privilege of Suspended Sentence to be (vailed of ,nly ,nce by a 1irst'
Tie )inor ,ffender. The privilege of suspended sentence shall be availed of onl!
once b! an accused drug dependent who is a first#time offender over fifteen *8D+ !ears
of age at the time of the commission of the violation of "ection 8D of this Act but not
more than eighteen *8:+ !ears of age at the time when 'udgment should have been
promulgated.
Se1tion ". Proulgation of Sentence for 1irst'Tie )inor ,ffender. f the accused
first#time minor offender violates an! of the conditions of his,her suspended sentence%
the applicable rules and regulations of the -oard e4ercising supervision and
rehabilitative surveillance over him% including the rules and regulations of the Center
should confinement be re(uired% the court shall pronounce 'udgment of conviction and
he,she shall serve sentence as an! other convicted person.
Se1tion %(. Probation or Counity Service for a 1irst'Tie )inor ,ffender in Lieu of
$prisonent. ;pon promulgation of the sentence% the court ma!% in its discretion%
place the accused under probation% even if the sentence provided under this Act is
higher than that provided under e4isting law on probation% or impose communit! service
in lieu of imprisonment. n case of probation% the supervision and rehabilitative
surveillance shall be undertaken b! the -oard through the D@? in coordination with the
-oard of 6ardons and 6arole and the 6robation Administration. ;pon compliance with
the conditions of the probation% the -oard shall submit a written report to the court
recommending termination of probation and a final discharge of the probationer%
whereupon the court shall issue such an order.
The communit! service shall be complied with under conditions% time and place as ma!
be determined b! the court in its discretion and upon the recommendation of the -oard
and shall appl! onl! to violators of "ection 8D of this Act. The completion of the
communit! service shall be under the supervision and rehabilitative surveillance of the
-oard during the period re(uired b! the court. Thereafter% the -oard shall render a
report on the manner of compliance of said communit! service. The court in its
discretion ma! re(uire e4tension of the communit! service or order a final discharge.
n both cases% the 'udicial records shall be covered b! the provisions of "ections =0 and
=2 of this Act.
f the sentence promulgated b! the court re(uires imprisonment% the period spent in the
Center b! the accused during the suspended sentence period shall be deducted from
the sentence to be served.
Se1tion %!. Records to be 2ept by the Departent of 5ustice. The D@F shall keep a
confidential record of the proceedings on suspension of sentence and shall not be used
for an! purpose other than to determine whether or not a person accused under this Act
is a first#time minor offender.
Se1tion %'. Liability of a Person 7ho *iolates the Confidentiality of Records. The
penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to si4 *=+ !ears
and a fine ranging from @ne thousand pesos *68%000.00+ to "i4 thousand pesos
*6=%000.00+% shall be imposed upon an! person who% having official custod! of or
access to the confidential records of an! drug dependent under voluntar! submission
programs% or an!one who% having gained possession of said records% whether lawfull!
or not% reveals their content to an! person other than those charged with the
prosecution of the offenses under this Act and its implementation. The ma4imum
penalt! shall be imposed% in addition to absolute perpetual dis(ualification from an!
public office% when the offender is a government official or emplo!ee. "hould the
records be used for unlawful purposes% such as blackmail of the drug dependent or the
members of his,her famil!% the penalt! imposed for the crime of violation of
confidentialit! shall be in addition to whatever crime he,she ma! be convicted of.
Se1tion %3. Liability of a Parent! Spouse or -uardian 7ho Refuses to Cooperate 0ith
the Board or any Concerned (gency. An! parent% spouse or guardian who% without
valid reason% refuses to cooperate with the -oard or an! concerned agenc! in the
treatment and rehabilitation of a drug dependent who is a minor% or in an! manner%
prevents or dela!s the after#care% follow#up or other programs for the welfare of the
accused drug dependent% whether under voluntar! submission program or compulsor!
submission program% ma! be cited for contempt b! the court.
Se1tion %.. Cost'Sharing in the Treatent and Rehabilitation of a Drug Dependent.
The parent% spouse% guardian or an! relative within the fourth degree of consanguinit! of
an! person who is confined under the voluntar! submission program or compulsor!
submission program shall be charged a certain percentage of the cost of his,her
treatment and rehabilitation% the guidelines of which shall be formulated b! the D">D
taking into consideration the economic status of the famil! of the person confined. The
guidelines therein formulated shall be implemented b! a social worker of the local
government unit.
Se1tion %#. Treatent and Rehabilitation Centers. The e4isting treatment and
rehabilitation centers for drug dependents operated and maintained b! the <- and the
6<6 shall be operated% maintained and managed b! the D@? in coordination with other
concerned agencies. Aor the purpose of enlarging the network of centers% the -oard
through the D@? shall encourage% promote or whenever feasible% assist or support in
the establishment% operations and maintenance of private centers which shall be eligible
to receive grants% donations or subsid! from either government or private sources. t
shall also support the establishment of government#operated regional treatment and
rehabilitation centers depending upon the availabilit! of funds. The national government%
through its appropriate agencies shall give priorit! funding for the increase of subsid! to
e4isting government drug rehabilitation centers% and shall establish at least one *8+ drug
rehabilitation center in each province% depending on the availabilit! of funds.
Se1tion %". The Duties and Responsibilities of the Departent of health :D,H; .nder
this (ct. The D@? shall)
*8+ @versee the monitor the integration% coordination and supervision of all drug
rehabilitation% intervention% after#care and follow#up programs% pro'ects and
activities as well as the establishment% operations% maintenance and
management of privatel!#owned drug treatment rehabilitation centers and drug
testing networks and laboratories throughout the countr! in coordination with the
D">D and other agenciesC
*2+ 5icense% accredit% establish and maintain drug test network and laborator!%
initiate% conduct and support scientific research on drugs and drug controlC
*1+ 7ncourage% assist and accredit private centers% promulgate rules and
regulations setting minimum standards for their accreditation to assure their
competence% integrit! and stabilit!C
*2+ 6rescribe and promulgate rules and regulations governing the establishment
of such Centers as it ma! deem necessar! after conducting a feasibilit! stud!
thereofC
*D+ The D@? shall% without pre'udice to the criminal prosecution of those found
guilt! of violating this Act% order the closure of a Center for treatment and
rehabilitation of drug dependenc! when% after investigation it is found guilt! of
violating the provisions of this Act or regulations issued b! the -oardC and
*=+ Charge reasonable fees for drug dependenc! e4aminations% other medical
and legal services provided to the public% which shall accrue to the -oard. All
income derived from these sources shall be part of the funds constituted as
special funds for the implementation of this Act under "ection :/.
ARTICLE I<
-angerous -rugs Boar4 an4 Philippine -rug Enfor1e2ent Agen17
Se1tion %%. The Dangerous Drugs Board. The -oard shall be the polic!#making and
strateg!#formulating bod! in the planning and formulation of policies and programs on
drug prevention and control. t shall develop and adopt a comprehensive% integrated%
unified and balanced national drug abuse prevention and control strateg!. t shall be
under the @ffice of the 6resident.
Se1tion %5. Coposition of the Board. The -oard shall be composed of seventeen
*8/+ members wherein three *1+ of which are permanent members% the other twelve *82+
members shall be in an e6 officio capacit! and the two *2+ shall be regular members.
The three *1+ permanent members% who shall possess at least seven#!ear training and
e4perience in the field of dangerous drugs and in an! of the following fields) in law%
medicine% criminolog!% ps!cholog! or social work% shall be appointed b! the 6resident of
the 6hilippines. The 6resident shall designate a Chairman% who shall have the rank of a
secretar! from among the three *1+ permanent members who shall serve for si4 *=+
!ears. @f the two *2+ other members% who shall both have the rank of undersecretar!%
one *8+ shall serve for four *2+ !ears and the other for two *2+ !ears. Thereafter% the
persons appointed to succeed such members shall hold office for a term of si4 *=+ !ears
and until their successors shall have been dul! appointed and (ualified.
The other twelve *82+ members who shall be e6 officio members of the -oard are the
following)
*8+ "ecretar! of the Department of Fustice or his,her representativeC
*2+ "ecretar! of the Department of ?ealth or his,her representativeC
*1+ "ecretar! of the Department of <ational Defense or his,her representativeC
*2+ "ecretar! of the Department of Ainance or his,her representativeC
*D+ "ecretar! of the Department of 5abor and 7mplo!ment or his,her
representativeC
*=+ "ecretar! of the Department of the nterior and 5ocal Eovernment or his,her
representativeC
*/+ "ecretar! of the Department of "ocial >elfare and Development or his,her
representativeC
*:+ "ecretar! of the Department of Aoreign Affairs or his,her representativeC
*9+ "ecretar! of the Department of 7ducation or his,her representativeC
*80+ Chairman of the Commission on ?igher 7ducation or his,her representativeC
*88+ Chairman of the <ational Houth CommissionC
*82+ Director Eeneral of the 6hilippine Drug 7nforcement Agenc!.
Cabinet secretaries who are members of the -oard ma! designate their dul! authori$ed
and permanent representatives whose ranks shall in no case be lower than
undersecretar!.
The two *2+ regular members shall be as follows)
*a+ The president of the ntegrated -ar of the 6hilippinesC and
*b+ The chairman or president of a non#government organi$ation involved in
dangerous drug campaign to be appointed b! the 6resident of the 6hilippines.
The Director of the <- and the Chief of the 6<6 shall be the permanent consultants of
the -oard% and shall attend all the meetings of the -oard.
All members of the -oard as well as its permanent consultants shall receive a per diem
for ever! meeting actuall! attended sub'ect to the pertinent budgetar! laws% rules and
regulations on compensation% honoraria and allowances) Provided! That where the
representative of an e6 officio member or of the permanent consultant of the -oard
attends a meeting in behalf of the latter% such representative shall be entitled to receive
the per diem.
Se1tion %. )eetings of the Board. The -oard shall meet once a week or as often as
necessar! at the discretion of the Chairman or at the call of an! four *2+ other members.
The presence of nine *9+ members shall constitute a (uorum.
Se1tion 5(. Secretariat of the Board. The -oard shall recommend to the 6resident of
the 6hilippines the appointment of an 74ecutive Director% with the rank of an
undersecretar!% who shall be the "ecretar! of the -oard and administrative officer of its
secretariat% and shall perform such other duties that ma! be assigned to him,her.
?e,she must possess ade(uate knowledge% training and e4perience in the field of
dangerous drugs% and in an! of the following fields) law enforcement% law% medicine%
criminolog!% ps!cholog! or social work.
Two deputies e4ecutive director% for administration and operations% with the ranks of
assistant secretar!% shall be appointed b! the 6resident upon recommendation of the
-oard. The! shall possess the same (ualifications as those of the e4ecutive director.
The! shall receive a salar! corresponding to their position as prescribed b! the "alar!
"tandardi$ation 5aw as a Career "ervice @fficer.
The e4isting secretariat of the -oard shall be under the administrative control and
supervision of the 74ecutive Director. t shall be composed of the following divisions%
namel!) 6olic! "tudies% .esearch and "tatisticsC 6reventive 7ducation% Training and
nformationC 5egal AffairsC and the Administrative and Ainancial Banagement.
Se1tion 5!. Po0ers and Duties of the Board. The -oard shall)
*a+ Aormulate% develop and establish a comprehensive% integrated% unified and
balanced national drug use prevention and control strateg!C
*b+ 6romulgate such rules and regulations as ma! be necessar! to carr! out the
purposes of this Act% including the manner of safekeeping% disposition% burning or
condemnation of an! dangerous drug and,or controlled precursor and essential
chemical under its charge and custod!% and prescribe administrative remedies or
sanctions for the violations of such rules and regulationsC
*c+ Conduct polic! studies% program monitoring and evaluations and other
researches on drug prevention% control and enforcementC
*d+ nitiate% conduct and support scientific% clinical% social% ps!chological% ph!sical
and biological researches on dangerous drugs and dangerous drugs prevention
and control measuresC
*e+ Develop an educational program and information drive on the ha$ards and
prevention of illegal use of an! dangerous drug and,or controlled precursor and
essential chemical based on factual data% and disseminate the same to the
general public% for which purpose the -oard shall endeavor to make the general
public aware of the ha$ards of an! dangerous drugs and,or controlled precursor
and essential chemical b! providing among others% literature% films% displa!s or
advertisements and b! coordinating with all institutions of learning as well as with
all national and local enforcement agencies in planning and conducting its
educational campaign programs to be implemented b! the appropriate
government agenciesC
*f+ Conduct continuing seminars for% and consultations with% and provide
information materials to 'udges and prosecutors in coordination with the @ffice of
the Court Administrator% in the case of 'udges% and the D@F% in the case of
prosecutors% which aim to provide them with the current developments and
programs of the -oard pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs% its prevention and control measuresC
*g+ Design special trainings in order to provide law enforcement officers%
members of the 'udiciar!% and prosecutors% school authorities and personnel of
centers with knowledge and know#how in dangerous drugs and,or controlled
precursors and essential chemicals control in coordination with the "upreme
Court to meet the ob'ectives of the national drug control programsC
*h+ Design and develop% in consultation and coordination with the D@?% D">D
and other agencies involved in drugs control% treatment and rehabilitation% both
public and private% a national treatment and rehabilitation program for drug
dependents including a standard aftercare and communit! service program for
recovering drug dependentsC
*i+ Design and develop% 'ointl! with the D@57 and in consultation with labor and
emplo!er groups as well as nongovernment organi$ations a drug abuse
prevention program in the workplace that would include a provision for emplo!ee
assistance programs for emotionall!#stressed emplo!eesC
*'+ nitiate and authori$e closure proceedings against non#accredited and,or
substandard rehabilitation centers based on verified reports of human rights
violations% subhuman conditions% inade(uate medical training and assistance and
e4cessive fees for implementation b! the 6D7AC
*k+ 6rescribe and promulgate rules and regulations governing the establishment
of such centers% networks and laboratories as deemed necessar! after
conducting a feasibilit! stud! in coordination with the D@? and other government
agenciesC
*l+ .eceive% gather% collect and evaluate all information on the importation%
e4portation% production% manufacture% sale% stocks% sei$ures of and the estimated
need for an! dangerous drug and,or controlled precursor and essential chemical%
for which purpose the -oard ma! re(uire from an! official% instrumentalit! or
agenc! of the government or an! private person or enterprise dealing in% or
engaged in activities having to do with an! dangerous drug and,or controlled
precursors and essential chemicals such data or information as it ma! need to
implement this ActC
*m+ Eather and prepare detailed statistics on the importation% e4portation%
manufacture% stocks% sei$ures of and estimates need for an! dangerous drug
and,or controlled precursors and essential chemicals and such other statistical
data on said drugs as ma! be periodicall! re(uired b! the ;nited <ations
<arcotics Drug Commission% the >orld ?ealth @rgani$ation and other
international organi$ations in consonance with the countr!&s international
commitmentsC
*n+ Develop and maintain international networking coordination with international
drug control agencies and organi$ations% and implement the provisions of
international conventions and agreements thereon which have been adopted and
approved b! the Congress of the 6hilippinesC
*o+ .e(uire all government and private hospitals% clinics% doctors% dentists and
other practitioners to submit a report to it% in coordination with the 6D7A% about
all dangerous drugs and,or controlled precursors and essential chemicals#related
cases to which the! have attended for statistics and research purposesC
*p+ .eceive in trust legacies% gifts and donations of real and personal properties
of all kinds% to administer and dispose the same when necessar! for the benefit
of government and private rehabilitation centers sub'ect to limitations% directions
and instructions from the donors% if an!C
*(+ ssue guidelines as to the approval or disapproval of applications for voluntar!
treatment% rehabilitation or confinement% wherein it shall issue the necessar!
guidelines% rules and regulations pertaining to the application and its
enforcementC
*r+ Aormulate guidelines% in coordination with other government agencies% the
importation% distribution% production% manufacture% compounding% prescription%
dispensing and sale of% and other lawful acts in connection with an! dangerous
drug% controlled precursors and essential chemicals and other similar or
analogous substances of such kind and in such (uantit! as it ma! deem
necessar! according to the medical and research needs or re(uirements of the
countr! including diet pills containing ephedrine and other addictive chemicals
and determine the (uantit! and,or (ualit! of dangerous drugs and controlled
precursors and essential chemicals to be imported% manufactured and held in
stock at an! given time b! authori$ed importer% manufacturer or distributor of
such drugsC
*s+ Develop the utili$ation of a controlled deliver! scheme in addressing the
transshipment of dangerous drugs into and out of the countr! to neutrali$e
transnational crime s!ndicates involved in illegal trafficking of an! dangerous
drugs and,or controlled precursors and essential chemicalsC
*t+ .ecommend the revocation of the professional license of an! practitioner who
is an owner% co#owner% lessee% or in the emplo! of the drug establishment% or
manager of a partnership% corporation% association% or an! 'uridical entit! owning
and,or controlling such drug establishment% and who knowingl! participates in% or
consents to% tolerates% or abets the commission of the act of violations as
indicated in the preceding paragraph% all without pre'udice to the criminal
prosecution of the person responsible for the said violationC
*u+ Appoint such technical% administrative and other personnel as ma! be
necessar! for the effective implementation of this Act% sub'ect to the Civil "ervice
5aw and its rules and regulationsC
*v+ 7stablish a regular and continuing consultation with concerned government
agencies and medical professional organi$ations to determine if balance e4ists in
policies% procedures% rules and regulations on dangerous drugs and to provide
recommendations on how the lawful use of dangerous drugs can be improved
and facilitatedC and
*w+ "ubmit an annual and periodic reports to the 6resident% the Congress of the
6hilippines and the "enate and ?ouse of .epresentatives committees concerned
as ma! be re(uired from time to time% and perform such other functions as ma!
be authori$ed or re(uired under e4isting laws and as directed b! the 6resident
himself,herself or as recommended b! the congressional committees concerned.
Se1tion 5'. Creation of the Philippine Drug &nforceent (gency :PD&(;. To carr!
out the provisions of this Act% the 6D7A% which serves as the implementing arm of the
-oard% and shall be responsible for the efficient and effective law enforcement of all the
provisions on an! dangerous drug and,or controlled precursor and essential chemical
as provided in this Act.
The 6D7A shall be headed b! a Director Eeneral with the rank of ;ndersecretar!% who
shall be responsible for the general administration and management of the Agenc!. The
Director Eeneral of the 6D7A shall be appointed b! the 6resident of the 6hilippines and
shall perform such other duties that ma! be assigned to him,her. ?e,she must possess
ade(uate knowledge% training and e4perience in the field of dangerous drugs% and in
an! of the following fields) law enforcement% law% medicine% criminolog!% ps!cholog! or
social work.
The Director Eeneral of the 6D7A shall be assisted in the performance of his,her duties
and responsibilities b! two *2+ deputies director general with the rank of Assistant
"ecretar!C one for @perations and the other one for Administration. The two *2+ deputies
director general shall likewise be appointed b! the 6resident of the 6hilippines upon
recommendation of the -oard. The two *2+ deputies director general shall possess the
same (ualifications as those of the Director Eeneral of the 6D7A. The Director Eeneral
and the two *2+ deputies director general shall receive the compensation and salaries as
prescribed b! law.
Se1tion 53. ,rgani"ation of the PD&(. The present "ecretariat of the <ational Drug
5aw 7nforcement and 6revention Coordinating Center as created b! 74ecutive @rder
<o. =8 shall be accordingl! modified and absorbed b! the 6D7A.
The Director Eeneral of the 6D7A shall be responsible for the necessar! changes in the
organi$ational set#up which shall be submitted to the -oard for approval.
Aor purposes of carr!ing out its duties and powers as provided for in the succeeding
"ection of this Act% the 6D7A shall have the following "ervices% namel!) ntelligence
and nvestigationC nternational Cooperation and Aoreign AffairsC 6reventive 7ducation
and Communit! nvolvementC 6lans and @perationsC ComplianceC 5egal and
6rosecutionC Administrative and ?uman .esourceC Ainancial BanagementC 5ogistics
BanagementC and nternal Affairs.
The 6D7A shall establish and maintain regional offices in the different regions of the
countr! which shall be responsible for the implementation of this Act and the policies%
programs% and pro'ects of said agenc! in their respective regions.
Se1tion 5.. Po0ers and Duties of the PD&(. The 6D7A shall)
*a+ mplement or cause the efficient and effective implementation of the national
drug control strateg! formulated b! the -oard thereb! carr!ing out a national
drug campaign program which shall include drug law enforcement% control and
prevention campaign with the assistance of concerned government agenciesC
*b+ ;ndertake the enforcement of the provisions of Article of this Act relative to
the unlawful acts and penalties involving an! dangerous drug and,or controlled
precursor and essential chemical and investigate all violators and other matters
involved in the commission of an! crime relative to the use% abuse or trafficking of
an! dangerous drug and,or controlled precursor and essential chemical as
provided for in this Act and the provisions of 6residential Decree <o. 8=89C
*c+ Administer oath% issue subpoena and subpoena duces tecu relative to the
conduct of investigation involving the violations of this ActC
*d+ Arrest and apprehend as well as search all violators and sei$e or confiscate%
the effects or proceeds of the crimes as provided b! law and take custod!
thereof% for this purpose the prosecutors and enforcement agents are authori$ed
to possess firearms% in accordance with e4isting lawsC
*e+ Take charge and have custod! of all dangerous drugs and,or controlled
precursors and essential chemicals sei$ed% confiscated or surrendered to an!
national% provincial or local law enforcement agenc!% if no longer needed for
purposes of evidence in courtC
*f+ 7stablish forensic laboratories in each 6<6 office in ever! province and cit! in
order to facilitate action on sei$e or confiscated drugs% thereb! hastening its
destruction without dela!C
*g+ .ecommend to the D@F the forfeiture of properties and other assets of
persons and,or corporations found to be violating the provisions of this Act and in
accordance with the pertinent provisions of the Anti#Bone!#5aundering Act of
2008C
*h+ 6repare for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws on dangerous drugs% controlled precursors and
essential chemicals% and other similar controlled substances% and assist% support
and coordinate with other government agencies for the proper and effective
prosecution of the sameC
*i+ Bonitor and if warranted b! circumstances% in coordination with the 6hilippine
6ostal @ffice and the -ureau of Customs% inspect all air cargo packages% parcels
and mails in the central post office% which appear from the package and address
itself to be a possible importation of dangerous drugs and,or controlled
precursors and essential chemicals% through on#line or c!ber shops via the
internet or c!berspaceC
*'+ Conduct eradication programs to destro! wild or illegal growth of plants from
which dangerous drugs ma! be e4tractedC
*k+ nitiate and undertake the formation of a nationwide organi$ation which shall
coordinate and supervise all activities against drug abuse in ever! province% cit!%
municipalit! and baranga! with the active and direct participation of all such local
government units and nongovernmental organi$ations% including the citi$enr!%
sub'ect to the provisions of previousl! formulated programs of action against
dangerous drugsC
*l+ 7stablish and maintain a national drug intelligence s!stem in cooperation with
law enforcement agencies% other government agencies,offices and local
government units that will assist in its apprehension of big#time drug lordsC
*m+ 7stablish and maintain close coordination% cooperation and linkages with
international drug control and administration agencies and organi$ations% and
implement the applicable provisions of international conventions and agreements
related to dangerous drugs to which the 6hilippines is a signator!C
*n+ Create and maintain an efficient special enforcement unit to conduct an
investigation% file charges and transmit evidence to the proper court% wherein
members of the said unit shall possess suitable and ade(uate firearms for their
protection in connection with the performance of their duties) Provided% That no
previous special permit for such possession shall be re(uiredC
*o+ .e(uire all government and private hospitals% clinics% doctors% dentists and
other practitioners to submit a report to it% in coordination with the -oard% about
all dangerous drugs and,or controlled precursors and essential chemicals which
the! have attended to for data and information purposesC
*p+ Coordinate with the -oard for the facilitation of the issuance of necessar!
guidelines% rules and regulations for the proper implementation of this ActC
*(+ nitiate and undertake a national campaign for drug prevention and drug
control programs% where it ma! enlist the assistance of an! department% bureau%
office% agenc! or instrumentalit! of the government% including government#owned
and or controlled corporations% in the anti#illegal drugs drive% which ma! include
the use of their respective personnel% facilities% and resources for a more resolute
detection and investigation of drug#related crimes and prosecution of the drug
traffickersC and
*r+ "ubmit an annual and periodic reports to the -oard as ma! be re(uired from
time to time% and perform such other functions as ma! be authori$ed or re(uired
under e4isting laws and as directed b! the 6resident himself,herself or as
recommended b! the congressional committees concerned.
Se1tion 5#. The PD&( (cadey. ;pon the approval of the -oard% the 6D7A
Academ! shall be established either in -aguio or Taga!ta! Cit!% and in such other
places as ma! be necessar!. The 6D7A Academ! shall be responsible in the
recruitment and training of all 6D7A agents and personnel. The -oard shall provide for
the (ualifications and re(uirements of its recruits who must be at least twent!#one *28+
!ears old% of proven integrit! and honest! and a -accalaureate degree holder.
The graduates of the Academ! shall later comprise the operating units of the 6D7A
after the termination of the transition period of five *D+ !ears during which all the
intelligence network and standard operating procedures of the 6D7A has been set up
and operationali$ed.
The Academ! shall be headed b! a "uperintendent% with the rank of Director. ?e,she
shall be appointed b! the 6D7A Director Eeneral.
Se1tion 5". Transfer! (bsorption! and $ntegration of (ll ,perating .nits on $llegal Drugs
into the PD&( and Transitory Provisions. The <arcotics Eroup of the 6<6% the
<arcotics Division of the <- and the Customs <arcotics nterdiction ;nit are hereb!
abolishedC however the! shall continue with the performance of their task as detail
service with the 6D7A% sub'ect to screening% until such time that the organi$ational
structure of the Agenc! is full! operational and the number of graduates of the 6D7A
Academ! is sufficient to do the task themselves) Provided% That such personnel who are
affected shall have the option of either being integrated into the 6D7A or remain with
their original mother agencies and shall% thereafter% be immediatel! reassigned to other
units therein b! the head of such agencies. "uch personnel who are transferred%
absorbed and integrated in the 6D7A shall be e4tended appointments to positions
similar in rank% salar!% and other emoluments and privileges granted to their respective
positions in their original mother agencies.
The transfer% absorption and integration of the different offices and units provided for in
this "ection shall take effect within eighteen *8:+ months from the effectivit! of this Act)
Provided% That personnel absorbed and on detail service shall be given until five *D+
!ears to finall! decide to 'oin the 6D7A.
<othing in this Act shall mean a diminution of the investigative powers of the <- and
the 6<6 on all other crimes as provided for in their respective organic laws) Provided!
ho0ever% That when the investigation being conducted b! the <-% 6<6 or an! ad hoc
anti#drug task force is found to be a violation of an! of the provisions of this Act% the
6D7A shall be the lead agenc!. The <-% 6<6 or an! of the task force shall
immediatel! transfer the same to the 6D7A) Provided! further% That the <-% 6<6 and
the -ureau of Customs shall maintain close coordination with the 6D7A on all drug
related matters.
ARTICLE <
Appropriations& +anage2ent of Fun4s an4 Annual Report
Se1tion 5%. (ppropriations. The amount necessar! for the operation of the -oard and
the 6D7A shall be charged against the current !ear&s appropriations of the -oard% the
<ational Drug 5aw 7nforcement and 6revention Coordinating Center% the <arcotics
Eroup of the 6<6% the <arcotics Division of the <- and other drug abuse units of the
different law enforcement agencies integrated into the 6D7A in order to carr! out the
provisions of this Act. Thereafter% such sums as ma! be necessar! for the continued
implementation of this Act shall be included in the annual Eeneral Appropriations Act.
All receipts derived from fines% fees and other income authori$ed and imposed in this
Act% including ten percent *80I+ of all unclaimed and forfeited sweepstakes and lotto
pri$es but not less than twelve million pesos *682%000%000.00+ per !ear from the
6hilippine Charit! "weepstakes @ffice *6C"@+% are hereb! constituted as a special
account in the general fund for the implementation of this Act) Provided% That no amount
shall be disbursed to cover the operating e4penses of the -oard and other concerned
agencies) Provided! further% That at least fift! percent *D0I+ of all the funds shall be
reserved for assistance to government#owned and,or operated rehabilitation centers.
The fines shall be remitted to the -oard b! the court imposing such fines within thirt!
*10+ da!s from the finalit! of its decisions or orders. The unclaimed and forfeited pri$es
shall be turned over to the -oard b! the 6C"@ within thirt! *10+ da!s after these are
collected and declared forfeited.
A portion of the funds generated b! the 6hilippine Amusement and Eaming Corporation
*6AEC@.+ in the amount of Aive million pesos *6D%000%000.00+ a month shall be set
aside for the purpose of establishing ade(uate drug rehabilitation centers in the countr!
and also for the maintenance and operations of such centers) Provided% That the said
amount shall be taken from the fift! percent *D0I+ share of the <ational Eovernment in
the income of 6AEC@.) Provided% further% That the said amount shall automaticall! be
remitted b! 6AEC@. to the -oard. The amount shall% in turn% be disbursed b! the
Dangerous Drugs -oard% sub'ect to the rules and regulations of the Commission on
Audit *C@A+.
The fund ma! be augmented b! grants% donations% and endowment from various
sources% domestic or foreign% for purposes related to their functions% sub'ect to the
e4isting guidelines set b! the government.
Se1tion 55. )anageent of 1unds .nder this (ct9 (nnual Report by the Board and the
PD&(. The -oard shall manage the funds as it ma! deem proper for the attainment of
the ob'ectives of this Act. n addition to the periodic reports as ma! be re(uired under
this Act% the Chairman of the -oard shall submit to the 6resident of the 6hilippines and
to the presiding officers of both houses of Congress% within fifteen *8D+ da!s from the
opening of the regular session% an annual report on the dangerous drugs situation in the
countr! which shall include detailed account of the programs and pro'ects undertaken%
statistics on crimes related to dangerous drugs% e4penses incurred pursuant to the
provisions of this Act% recommended remedial legislation% if needed% and such other
relevant facts as it ma! deem proper to cite.
Se1tion 5. (uditing the (ccounts and &6penses of the Board and the PD&(. All
accounts and e4penses of the -oard and the 6D7A shall be audited b! the C@A or its
dul! authori$ed representative.
ARTICLE <I
$uris4i1tion O:er -angerous -rugs Cases
Se1tion (. 5urisdiction. The "upreme Court shall designate special courts from
among the e4isting .egional Trial Courts in each 'udicial region to e4clusivel! tr! and
hear cases involving violations of this Act. The number of courts designated in each
'udicial region shall be based on the population and the number of cases pending in
their respective 'urisdiction.
The D@F shall designate special prosecutors to e4clusivel! handle cases involving
violations of this Act.
The preliminar! investigation of cases filed under this Act shall be terminated within a
period of thirt! *10+ da!s from the date of their filing.
>hen the preliminar! investigation is conducted b! a public prosecutor and a probable
cause is established% the corresponding information shall be filed in court within twent!#
four *22+ hours from the termination of the investigation. f the preliminar! investigation
is conducted b! a 'udge and a probable cause is found to e4ist% the corresponding
information shall be filed b! the proper prosecutor within fort!#eight *2:+ hours from the
date of receipt of the records of the case.
Trial of the case under this "ection shall be finished b! the court not later than si4t! *=0+
da!s from the date of the filing of the information. Decision on said cases shall be
rendered within a period of fifteen *8D+ da!s from the date of submission of the case for
resolution.
Se1tion !. Responsibility and Liability of La0 &nforceent (gencies and other
-overnent ,fficials and &ployees in Testifying as Prosecution 7itnesses in
Dangerous Drugs Cases. An! member of law enforcement agencies or an! other
government official and emplo!ee who% after due notice% fails or refuses intentionall! or
negligentl!% to appear as a witness for the prosecution in an! proceedings% involving
violations of this Act% without an! valid reason% shall be punished with imprisonment of
not less than twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine of not
less than Aive hundred thousand pesos *6D00%000.00+% in addition to the administrative
liabilit! he,she ma! be meted out b! his,her immediate superior and,or appropriate
bod!.
The immediate superior of the member of the law enforcement agenc! or an! other
government emplo!ee mentioned in the preceding paragraph shall be penali$ed with
imprisonment of not less than two *2+ months and one *8+ da! but not more than si4 *=+
!ears and a fine of not less than Ten thousand pesos *680%000.00+ but not more than
Aift! thousand pesos *6D0%000.00+ and in addition% perpetual absolute dis(ualification
from public office if despite due notice to them and to the witness concerned% the former
does not e4ert reasonable effort to present the latter to the court.
The member of the law enforcement agenc! or an! other government emplo!ee
mentioned in the preceding paragraphs shall not be transferred or re#assigned to an!
other government office located in another territorial 'urisdiction during the pendenc! of
the case in court. ?owever% the concerned member of the law enforcement agenc! or
government emplo!ee ma! be transferred or re#assigned for compelling reasons)
Provided% That his,her immediate superior shall notif! the court where the case is
pending of the order to transfer or re#assign% within twent!#four *22+ hours from its
approvalC Provided! further! That his,her immediate superior shall be penali$ed with
imprisonment of not less than two *2+ months and one *8+ da! but not more than si4 *=+
!ears and a fine of not less than Ten thousand pesos *680%000.00+ but not more than
Aift! thousand pesos *6D0%000.00+ and in addition% perpetual absolute dis(ualification
from public office% should he,she fail to notif! the court of such order to transfer or re#
assign.
6rosecution and punishment under this "ection shall be without pre'udice to an! liabilit!
for violation of an! e4isting law.
Se1tion '. Delay and Bungling in the Prosecution of Drug Cases. An! government
officer or emplo!ee tasked with the prosecution of drug#related cases under this act%
who% through patent la4it!% ine4cusable neglect% unreasonable dela! or deliberatel!
causes the unsuccessful prosecution and,or dismissal of the said drug cases% shall
suffer the penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to
twent! *20+ !ears without pre'udice to his,her prosecution under the pertinent provisions
of the .evised 6enal Code.
Se1tion 3. Reclassification! (ddition or Reoval of (ny Drug fro the List of
Dangerous Drugs. The -oard shall have the power to reclassif!% add to or remove
from the list of dangerous drugs. 6roceedings to reclassif!% add% or remove a drug or
other substance ma! be initiated b! the 6D7A% the D@?% or b! petition from an!
interested part!% including the manufacturer of a drug% a medical societ! or association%
a pharmac! association% a public interest group concerned with drug abuse% a national
or local government agenc!% or an individual citi$en. >hen a petition is received b! the
-oard% it shall immediatel! begin its own investigation of the drug. The 6D7A also ma!
begin an investigation of a drug at an! time based upon the information received from
law enforcement laboratories% national and local law enforcement and regulator!
agencies% or other sources of information.
The -oard after notice and hearing shall consider the following factors with respect to
each substance proposed to be reclassified% added or removed from control)
*a+ ts actual or relative potential for abuseC
*b+ "cientific evidence of its pharmacological effect if knownC
*c+ The state of current scientific knowledge regarding the drug or other
substanceC
*d+ ts histor! and current pattern of abuseC
*e+ The scope% duration% and significance of abuseC
*f+ .isk to public healthC and
*g+ >hether the substance is an immediate precursor of a substance alread!
controlled under this Act.
The -oard shall also take into accord the obligations and commitments to international
treaties% conventions and agreements to which the 6hilippines is a signator!.
The Dangerous Drugs -oard shall give notice to the general public of the public hearing
of the reclassification% addition to or removal from the list of an! drug b! publishing such
notice in an! newspaper of general circulation once a week for two *2+ weeks.
The effect of such reclassification% addition or removal shall be as follows)
*a+ n case a dangerous drug is reclassified as precursors and essential
chemicals% the penalties for the violations of this Act involving the two latter
categories of drugs shall% in case of conviction% be imposed in all pending
criminal prosecutionsC
*b+ n case a precursors and essential chemicals is reclassified as dangerous
drug% the penalties for violations of the Act involving precursors and essential
chemicals shall% in case of conviction% be imposed in all pending criminal
prosecutionsC
*c+ n case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals% no criminal liabilit! involving the same under
this Act shall arise until after the lapse of fifteen *8D+ da!s from the last
publication of such noticeC
*d+ n case of removal of a drug from the list of dangerous drugs and precursors
and essential chemicals% all persons convicted and,or detained for the use and,or
possession of such a drug shall be automaticall! released and all pending
criminal prosecution involving such a drug under this Act shall forthwith be
dismissedC and
*e+ The -oard shall% within five *D+ da!s from the date of its promulgation submit
to Congress a detailed reclassification% addition% or removal of an! drug from the
list of dangerous drugs.
ARTICLE <II
I2ple2enting Rules an4 Regulations
Se1tion .. $pleenting Rules and Regulations. The present -oard in consultation
with the D@?% D5E% D@F% Dep7d% D">D% D@57% 6<6% <-% 6AEC@. and the 6C"@
and all other concerned government agencies shall promulgate within si4t! *=0+ da!s
the mplementing .ules and .egulations that shall be necessar! to implement the
provisions of this Act.
ARTICLE <III
Final Pro:isions
Se1tion #. Congressional ,versight Coittee. There is hereb! created a
Congressional @versight Committee composed of seven */+ Bembers from the "enate
and seven */+ Bembers from the ?ouse of .epresentatives. The Bembers from the
"enate shall be appointed b! the "enate 6resident based on the proportional
representation of the parties or coalitions therein with at least two *2+ "enators
representing the Binorit!. The Bembers from the ?ouse of .epresentatives shall be
appointed b! the "peaker% also based on proportional representation of the parties or
coalitions therein with at least two *2+ Bembers representing the Binorit!.
The Committee shall be headed b! the respective Chairpersons of the "enate
Committee on 6ublic @rder and llegal Drugs and the ?ouse of .epresentatives
Committee on Dangerous Drugs.
Se1tion ". Po0ers and 1unctions of the ,versight Coittee. The @versight
Committee on Dangerous Drugs shall% in aid of legislation% perform the following
functions% among others)
*a+ To set the guidelines and overall framework to monitor and ensure the proper
implementation of this ActC
*b+ To ensure transparenc! and re(uire the submission of reports from
government agencies concerned on the conduct of programs% pro'ects and
policies relating to the implementation of this actC
*c+ To approve the budget for the programs of the @versight Committee on
Dangerous Drugs and all disbursements therefrom% including compensation of all
personnelC
*d+ To submit periodic reports to the 6resident of the 6hilippines and Congress
on the implementation of the provisions of this ActC
*e+ To determine inherent weaknesses in the law and recommend the necessar!
remedial legislation or e4ecutive measuresC and
*f+ To perform such other duties% functions and responsibilities as ma! be
necessar! to effectivel! attain the ob'ectives of this Act.
Se1tion %. (doption of Coittee Rules and Regulations! and 1unding. The
@versight Committee on Dangerous Drugs shall adopt its internal rules of procedure%
conduct hearings and receive testimonies% reports% and technical advice% invite or
summon b! subpoena ad testificandu an! public official% private citi$en% or an! other
person to testif! before it% or re(uire an! person b! subpoena duces tecu documents
or other materials as it ma! re(uire consistent with the provisions of this Act.
The @versight Committee on Dangerous Drugs shall be assisted b! a secretariat to be
composed b! personnel who ma! be seconded from the "enate and the ?ouse of
.epresentatives and ma! retain consultants.
To carr! out the powers and functions of the @versight Committee on Dangerous Drugs%
the initial sum of Twent!#five million pesos *62D%000%000.00+ shall be charged against
the current appropriations of the "enate. Thereafter% such amount necessar! for its
continued operations shall be included in the annual Eeneral Appropriations Act.
The @versight Committee on Dangerous Drugs shall e4ist for a period of ten *80+ !ears
from the effectivit! of this Act and ma! be e4tended b! a 'oint concurrent resolution.
Se1tion 5. Liited (pplicability of the Revised Penal Code. <otwithstanding an! law%
rule or regulation to the contrar!% the provisions of the .evised 6enal Code *Act <o.
1:82+% as amended% shall not appl! to the provisions of this Act% e4cept in the case of
minor offenders. >here the offender is a minor% the penalt! for acts punishable b! life
imprisonment to death provided herein shall be reclusion perpetua to death.
Se1tion . Separability Clause. f for an! reason an! section or provision of this Act%
or an! portion thereof% or the application of such section% provision or portion thereof to
an! person% group or circumstance is declared invalid or unconstitutional% the remainder
of this Act shall not be affected b! such declaration and shall remain in force and effect.
Se1tion !((. Repealing Clause. .epublic Act <o. =22D% as amended% is hereb!
repealed and all other laws% administrative orders% rules and regulations% or parts thereof
inconsistent with the provisions of this Act% are hereb! repealed or modified accordingl!.
Se1tion !(!. (ending Clause. .epublic Act <o. /=D9 is hereb! amended
accordingl!.
Se1tion !('. &ffectivity. This Act shall take effect fifteen *8D+ da!s upon its publication
in at least two *2+ national newspapers of general circulation.
Approved%
*"gd+ *"gd+
FRAN0LIN +. -RILON
6resident of the "enate
$OSE -E ,ENECIA& $R.
"peaker of the ?ouse of
.epresentatives
This Act which is a consolidation of "enate -ill <o. 8:D: and ?ouse -ill <o. 2211 was
finall! passed b! the "enate and the ?ouse of .epresentatives on Ba! 10% 2002 and
Ba! 29% 2002% respectivel!.
*"gd+ *"gd+
OSCAR ). =ABES
"ecretar! of the "enate
ROBERTO P. NA>ARENO
"ecretar! Eeneral
?ouse of .epresentatives
Approved) Fanuar! 21% 2002
*"gd+
)LORIA +ACAPA)AL8
ARRO=O
6resident of the 6hilippines
ANNE<
!55 UNITE- NATIONS CON,ENTION A)AINST ILLICIT TRAFFIC IN NARCOTIC
-RU)S AN- PS=C*OTROPIC SUBSTANCES
5"T @A ";-"TA<C7" < TA-57
8. AC7TC A<?HD.D7
2. <#AC7TH5A<T?.A<5C ACD
1. 76?7D.<7
2. 7.E@B7T.<7
D. 7.E@TAB<7
=. "@"AA.@57
/. 5H"7.EC ACD
:. 1% 2#B7T?H57<7D@0H6?7<H5#2 6.@6A<@<7
9. <@.76?7D.<7
80. 8#6?7<H5#2#6.@6A<@<7
88. 667.@<A5
82. 6@TA"";B 67.BA<EA<AT7
81. 6"7;D@76?7D.<7
82. "AA.@57
T?7 "A5T" @A T?7 ";-"TA<C7" 5"T7D < T?" TA-57 >?7<737. T?7
70"T7<C7 @A ";C? "A5T" " 6@""-57.
5"T @A ";-"TA<C7" < TA-57
8. AC7T@<7
2. A<T?.A<5C ACD
1. 7T?H5 7T?7.
2. ?HD.@C?5@.C ACD
D. B7T?H5 7T?H5 J7T@<7
=. 6?7<H5AC7TC ACD
/. 667.D<7
:. ";56?;.C ACD
9. T@5;7<7
T?7 "A5T" @A T?7 ";-"TA<C7" 5"T7D < T?" TA-57 >?7<737. T?7
70"T7<C7 @A ";C? "A5T" " 6@""-57 *T?7 "A5T" @A ?HD.@C?5@.C
ACD A<D ";56?;.C ACD A.7 "67CACA55H 70C5;D7D+
!"! UNITE- NATIONS SIN)LE CON,ENTION ON NARCOTIC -RU)S AS
A+EN-E- B= T*E !%' PROTOCOL
5"T @A D.;E" <C5;D7D < "C?7D;57
8. Acetorphine
2. Acet!l#alpha#meth!lfentan!l
1. Acet!lmethadol
2. Alfentanil
D. All!lprodine
=. Alphacet!lmethadol
/. Alphameprodine
:. Alphamethadol
9. (lpha#meth!lfentan!l
80. (lpha#meth!lthiofentan!l
88. Alphaprodine
82. Anileridine
81. -en$ethidine
82. -en$!lmorphine
8D. -etacet!lmethadol
8=. Beta'h!dro4!fentan!l
8/. Beta'h!dro4!#1#meth!lfentan!l
8:. -etameprodine
89. -etamethadol
20. -etaprodine
28. -e$itramide
22. Cannabis and Cannabis resin and e4tracts and tinctures of cannabis
21. Clonita$ene
22. Coca leaf
2D. Cocaine
2=. Codo4ime
2/. Concentrate of popp! straw
2:. Desomorphine
29. De4tromoramide
10. Diampromide
18. Dieth!lthiambutene
12. Difeno4in
11. Dih!droetorphine
12. Dih!dromorphine
1D. Dih!dromorphine
K
1=. Dimeno4adol
1/. Dimepheptanol
1:. Dimeth!lthiambutene
19. Dio4aphet!l but!rate
20. Dipheno4!late
28. Dipipanone
22. Drotebanol
21. 7cgonine
22. 7th!lmeth!lthiambutene
2D. 7tonita$ene
2=. 7torphine
2/. 7to4eridine
2:. Aentan!l
29. Aurethidine
D0. ?eroin
D8. ?!drocodone
D2. ?!dromorphinol
D1. ?!dromorphone
D2. ?!dro4!pethidine
DD. somethadone
D=. Jetobemidone
D/. 5evomethorphan
D:. 5evomoramide
D9. 5evophenac!lmorphan
=0. 5evorphanol
=8. Beta$ocine
=2. Bethadone
=1. Bethadone ntermediate
=2. Beth!ldesorphine
=D. Beth!ldih!dromorphine
==. 1#meth!lfentan!l
=/. 1#meth!lthiofentan!l
=:. Betopon
=9. Boramide intermediate
/0. Borpheridine
/8. Borphine
/2. Borphine methobromide
/1. Borphine#3#o4ide
/2. B666
/D. B!rophine
/=. <icomorphine
//. <orac!methadol
/:. <orlevorphanol
/9. <ormethadone
:0. <ormorphine
:8. <orpipanone
:2. @pium
:1. @4!codone
:2. @4!morphone
:D. Para#fluorofentan!l
:=. 676A6
:/. 6ethidine
::. 6ethidine intermediate A
:9. 6ethidine intermediate -
90. 6ethidine intermediate C
98. 6henado4one
92. 6henampromide
91. 6hena$ocine
92. 6henomorphan
9D. 6henoperidine
9=. 6iminodine
9/. 6iritramide
9:. 6rohepta$ine
99. 6roperidine
800. .acemethorphan
808. .acemoramide
802. .acemorphan
801. .emifentanil
802. "ufentanil
80D. Thebacon
80=. Thebaine
80/. Thiofentan!l
80:. Tilidine
809. Trimeperidine
#####
K
De4tromethorphan *L+#1#metho4!#<#meth!lmorphinan and de4trorphan *L+#1#h!dro4!#
<#meth!lmorphinan are isomers specificall! e4cluded from this "chedule.
A<D the isomers% unless specificall! e4cepted% of the drugs in this "chedule whenever
the e4istence of such isomers is possible within the specific chemical designationC
The esters and ethers% unless appearing in another "chedule% of the drugs in this
"chedule whenever the e4istence of such esters or ethers is possibleC
The salts of the drugs listed in this "chedule% including the salts of esters% ethers and
isomers as provided above whenever the e4istence of such salts is possible.
5"T @A D.;E" <C5;D7D < "C?7D;57
8. Acet!ldih!drocodeine
2. Codeine
1. De4tropropo4!phene
2. Dih!drocodeine
D. 7th!lmorphine
=. <icocodine
/. <icodicodine
:. <orcodeine
9. 6holcodine
80. 6ropiram
And the isomers% unless specificall! e4cepted% of the drugs in this "chedule whenever
the e4istence of such isomers is possible within the specific chemical designation.
The salts of the drugs listed in this "chedule% including the salts of the isomers as
provided above whenever the e4istence of such salts is possible.
5"T @A D.;E" <C5;D7D < "C?7D;57
8. 6reparations of ) Acet!ldih!drocodeine%
Codeine%
Dih!drocodeine%
7th!lmorphine%
<icocodine%
<icodicodine%
<orcodeine and
6holcodine
>hen compounded with one or more other ingredients
and containing not more than milligrams of the drug per
dosage unit and with a concentration of not more than
2.D per cent in undivided preparations.
2. 6reparations of ) 6ropiram containing not more than 800 milligrams of
propiram per dosage unit and compounded with at least
the same amount of Beth!lcellulose.
1. 6reparations of ) De4tropropo4!phene for oral use containing not more
than 81D milligrams of de4tropropo4!phene base per
dosage unit or with a concentration of not more than 2.D
per cent in undivided preparations% provided that such
preparations do not contain an! substance controlled
under the Convention on 6s!chotropic "ubstances of
89/8.
2. 6reparations of )
6reparations of)
Cocaine containing not more than 0.8 per cent of
cocaine calculated as cocaine baseC and
@pium or morphine containing not more than 0.2 per
cent of morphine calculated as anh!drous morphine
base and compounded with one or more other
ingredients and in such a wa! that the drug cannot be
recovered b! readil! applicable means or in a !ield that
would constitute a risk to public health.
D. 6reparations of ) Difeno4in containing% per dosage unit% not more than 0.D
milligrams of difeno4in and a (uantit! of atropine sulfate
e(uivalent to at least D per cent of the dose of difeno4in.
=. 6reparations of ) Dipheno4!late containing per dosage unit% not more than
2.D milligrams dipheno4!late calculated as base and a
(uantit! of atropine sulfate e(uivalent to at least 8 per
cent of the dose of dipheno4!late.
/. 6reparations of ) Pulvis ipecacuanhae et opii copositus
80 per cent opium in powder
80 per cent ipecacuanha root% in powder well
mi4ed with
:0 per cent of an! other powdered ingredient
containing no drug.
:. 6reparations conforming to an! of the formulas listed in this "chedule and
mi4tures such preparations with an! material which contains no drug.
5"T @A D.;E" <C5;D7D < "C?7D;57 3
8. Acetorphine
2. Acet!l#alpha#meth!lfentan!l
1. (lpha'meth!lfentan!l
2. (lpha'meth!lthiofentan!l
D. Beta'h!dro4!#1#meth!lfentan!l
=. Beta'h!dro4!fentan!l
/. Cannabis and Cannabis resin
:. Desomorphine
9. 7torphine
80. ?eroin
88. Jetobemidone
82. 1#meth!lfentan!l
81. 1#meth!lthiofentan!l
82. B666
8D. Para#fluorofentan!l
8=. 676A6
8/. Thiofentan!l
A<D the salts of the drugs listed in this "chedule whenever the formation of such salts
is possible
!%! UNITE- NATIONS SIN)LE CON,ENTION ON PS=C*OTROPIC
SUBSTANCES
5"T @A ";-"TA<C7" < "C?7D;57
-.@5ABA7TAB<7 *D@-+ *M+#2#-romo#2%D#dimetho4!#a'
ethylphenethylaine
Dietho6ybrooaphetaine
CAT?<@<7 *#+#*"+#2#Aminopropiophenone
D7T 1#N2#*Dieth!lamino+eth!l+indole+
DBA *M+#2%D#DB7T?@0H#a#meth!lpheneth!lamine
2%D Dimetho4!amphetamine
DB6? 1#*8%2#Dimeth!lhept!+#/%:%9%#80#tetrah!dro#
=%=%9#trimeth!l#=H'diben$oNb!dOp!ran#8#ol
DBT 1#N2#*Dimeth!lamino+eth!lOindole
D@7T *M+#2#7th!l#2%D#dimetho4!#a#phoreth!lamine
2%D#Dimetho4!#2#eth!lamphetamine
7TCHC5D<7 *6C7+ 3#7th!l#8#phen!lc!clohe4!lamine
7T.H6AB<7 1#*2#Aminobut!l+indole
*L+#5H"7.ED7 *5"D% 5"D#
2D+
9%80#Dideh!dro#3!3#dieth!l#=#meth!lergoline#
:b# carbo4amide
BDA *L+'3% a#Dimeth!l#1%2#*meth!lene#
dio4!+pheneth!lamine
1%2#Beth!lenedio4!methamphetamine
B7"CA5<7 1%2%D#Trimetho4!pheneth!lamine
B7T?CAT?<@<7 2#*Beth!lamino+#8#phen!lpropan#8#one
2#B7T?H5AB<@.70 *L+#cis#2#Amino#2#meth!l#D#phen!l#2#
o4a$oline
BBDA 2#Betho4!#a#meth!l#2%D#
*meth!lenedio4!+pheneth!lamine
D#Betho4!#1%2#meth!lenedio4!amphetamine
<#7T?H5 BDA *L+#<#7th!l#a'meth!l#
1%2*meth!lenedio4!+pheneth!lamine
1#2#Beth!lenedio4!#<#eth!lamphetamine
<#?HD.@0H BDA *L+#<#Na#Beth!l#1%2#
*meth!lenedio4!+pheneth!lO#h!dro4!lamine
6A.A?70H5 1#?e4!l#/%:%9%80#tetrah!dro#=%=%#9#trimeth!l#
<H#diben$oNb!dOp!ran#8#ol
6BA p#Betho4!#a#meth!lpheneth!lamine
6arametho4!amphetamine
6"5@C<7% 6"5@T"< 1#N2#*Dimeth!lamino+eth!lOindol#2#ol
6"5@CH-<7 1#N2#*Dimeth!lamino+eth!lOindol#2#!l
dih!drogen phosphate
.@5CHC5D<7 *6?6%
6C6H+
8#*8#6hen!lc!clohe4!l+p!rrolidine
"T6% D@B 2%D#Dimetho4!#a%2#dimeth!lpheneth!lamine
T7<ABA7TAB<7 *BDA+ a#Beth!l#1%2#
*meth!lenedio4!+pheneth!lamine
Beth!lenedio4!amphetamine
T7<@CHC5D<7 *TC6+ 8#N8#*2#Thien!l+c!clohe4!lOpiperridine
T7T.A?HD.@CA<<A-<@
5
# the following isomers and their
stereochemical variants)
/%:%9%80#Tetrah!dro#=%=%9#
trimeth!l#1#pent!l#<H#
diben$oNb!dOp!ran#8#ol
*9R!80a.+#:%9%80%80a#Tetrah!dro#=%=%9#trimeth!l#1#
pent!l#<H#diben$oNb!dOp!ran#8#ol
*=aR%9R%80aR+#=a%9%80%80a#Tetrah!dro#=%=%9#
trimeth!l#1#pent!l#<H#diben$oNb!dOp!ran#8#ol
*=aR%80aR+#=a%/%80%80a#Tetrah!dro#=%=%9#trimeth!l#
1#pent!l#<H#diben$oNb!dOp!ran#8#ol
*=a%/%:%9#Tetrah!dro#=%=%9#trimeth!l#1#pent!l#<H#
diben$oNb!dOp!ran#8#ol
*=aR%80aR+'=a%/%:%9%80%80a#?e4ah!dro#
=%=%dimeth!l#9#meth!lene#1#pent!l#<H#
Diben$oNb!dOp!ran#8#ol
TBA *M+#1%2%D#Trimetho4!#a
meth!lpheneth!lamine
1%2%D#Trimetho4!amphetamine
2#BA#*a#meth!l#2#meth!lthiopheneth!lamine+
The stereoisomers% unless specificall! e4cepted% of substances in this "chedule%
whenever the e4istence of such stereouPisomers is possible within the specific chemical
designation.
5"T @A ";-"TA<C7" < "C?7D;57
8. ABA7TAB<7 *AB6?7TAB<7+
2. D70ABA7TAB<7 *D70AB6?7TAB<7+
1. A7<7TH55<7
2. 573ABA7TAB<7 *573AB6?7TAB<7+
D. 573@B7T?AB6?7TAB<7
=. B7C5@G;A5@<7
/. B7TABA7TAB<7 *B7T?AB6?7TAB<7+
:. B7T?AB6?7TAB<7 .AC7BAT7
9. B7T?AG;A5@<7
80. B7T?H56?7<DAT7
88. 6?7<CHC5D<7 *6C6+
82. 6?7<B7T.AQ<7
81. "7C@-A.-TA5
82. D.@<A-<@5 *delta#9#tetrah!dro#cannabinol and its stereochemical
variants+
8D. Q676.@5
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!5. -IA>EPA+
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'!. ET*INA+ATE
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#'. PINA>EPA+
#3. PIPRA-ROL
#.. PRA>EPA+
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#5. TETRA>EPA+
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"(. ,IN=LBITAL )*B ?)a22a8*74roB7;uri1 a1i4A
"!. >olpi4e2
Repu;li1 of the Philippines
Betro Banila
Twelfth Congress
Thir4 Regular Session
-egun and held in Betro Banila% on Bonda!% the twent!#second da! of Ful!% two
thousand three.
Repu;li1 A1t No. '"' +ar1h (5& '((.
AN ACT -EFININ) ,IOLENCE A)AINST /O+EN AN- T*EIR C*IL-REN&
PRO,I-IN) FOR PROTECTI,E +EASURES FOR ,ICTI+S& PRESCRIBIN)
PENALTIES T*EREFORE& AN- FOR OT*ER PURPOSES
Congress assebled)
SECTION !. Short Title.# This Act shall be known as the "Anti#3iolence Against >omen
and Their Children Act of 2002".
SECTION '. Declaration of Policy.# t is hereb! declared that the "tate values the
dignit! of women and children and guarantees full respect for human rights. The "tate
also recogni$es the need to protect the famil! and its members particularl! women and
children% from violence and threats to their personal safet! and securit!.
Towards this end% the "tate shall e4ert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the 6rovisions of the ;niversal Declaration of ?uman .ights% the
convention on the 7limination of all forms of discrimination Against >omen% Convention
on the .ights of the Child and other international human rights instruments of which the
6hilippines is a part!.
SECTION 3. Definition of Ters.# As used in this Act%
*a+ "*iolence against 0oen and their children" refers to an! act or a series of
acts committed b! an! person against a woman who is his wife% former wife% or
against a woman with whom the person has or had a se4ual or dating
relationship% or with whom he has a common child% or against her child whether
legitimate or illegitimate% within or without the famil! abode% which result in or is
likel! to result in ph!sical% se4ual% ps!chological harm or suffering% or economic
abuse including threats of such acts% batter!% assault% coercion% harassment or
arbitrar! deprivation of libert!. t includes% but is not limited to% the following acts)
A. "Physical *iolence" refers to acts that include bodil! or ph!sical harmC
-. "Se6ual violence" refers to an act which is se4ual in nature% committed
against a woman or her child. t includes% but is not limited to)
a+ rape% se4ual harassment% acts of lasciviousness% treating a
woman or her child as a se4 ob'ect% making demeaning and
se4uall! suggestive remarks% ph!sicall! attacking the se4ual parts
of the victim&s bod!% forcing her,him to watch obscene publications
and indecent shows or forcing the woman or her child to do
indecent acts and,or make films thereof% forcing the wife and
mistress,lover to live in the con'ugal home or sleep together in the
same room with the abuserC
b+ acts causing or attempting to cause the victim to engage in an!
se4ual activit! b! force% threat of force% ph!sical or other harm or
threat of ph!sical or other harm or coercionC
c+ 6rostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likel! to
cause mental or emotional suffering of the victim such as but not limited to
intimidation% harassment% stalking% damage to propert!% public ridicule or
humiliation% repeated verbal abuse and mental infidelit!. t includes
causing or allowing the victim to witness the ph!sical% se4ual or
ps!chological abuse of a member of the famil! to which the victim
belongs% or to witness pornograph! in an! form or to witness abusive
in'ur! to pets or to unlawful or unwanted deprivation of the right to custod!
and,or visitation of common children.
D. "&conoic abuse" refers to acts that make or attempt to make a
woman financiall! dependent which includes% but is not limited to the
following)
8. withdrawal of financial support or preventing the victim from
engaging in an! legitimate profession% occupation% business or
activit!% e4cept in cases wherein the other spouse,partner ob'ects
on valid% serious and moral grounds as defined in Article /1 of the
Aamil! CodeC
2. deprivation or threat of deprivation of financial resources and the
right to the use and en'o!ment of the con'ugal% communit! or
propert! owned in commonC
1. destro!ing household propert!C
2. controlling the victims& own mone! or properties or solel!
controlling the con'ugal mone! or properties.
*b+ "Battery" refers to an act of inflicting ph!sical harm upon the woman or her
child resulting to the ph!sical and ps!chological or emotional distress.
*c+ "Battered 7oan Syndroe" refers to a scientificall! defined pattern of
ps!chological and behavioral s!mptoms found in women living in battering
relationships as a result of cumulative abuse.
*d+ "Stal2ing" refers to an intentional act committed b! a person who% knowingl!
and without lawful 'ustification follows the woman or her child or places the
woman or her child under surveillance directl! or indirectl! or a combination
thereof.
*e+ "Dating relationship" refers to a situation wherein the parties live as husband
and wife without the benefit of marriage or are romanticall! involved over time
and on a continuing basis during the course of the relationship. A casual
ac(uaintance or ordinar! sociali$ation between two individuals in a business or
social conte4t is not a dating relationship.
*f+ "Se6ual relations" refers to a single se4ual act which ma! or ma! not result in
the bearing of a common child.
*g+ "Safe place or shelter" refers to an! home or institution maintained or
managed b! the Department of "ocial >elfare and Development *D">D+ or b!
an! other agenc! or voluntar! organi$ation accredited b! the D">D for the
purposes of this Act or an! other suitable place the resident of which is willing
temporaril! to receive the victim.
*h+ "Children" refers to those below eighteen *8:+ !ears of age or older but are
incapable of taking care of themselves as defined under .epublic Act <o. /=80.
As used in this Act% it includes the biological children of the victim and other
children under her care.
SECTION .. Construction.# This Act shall be liberall! construed to promote the
protection and safet! of victims of violence against women and their children.
SECTION #. (cts of *iolence (gainst 7oen and Their Children.# The crime of
violence against women and their children is committed through an! of the following
acts)
*a+ Causing ph!sical harm to the woman or her childC
*b+ Threatening to cause the woman or her child ph!sical harmC
*c+ Attempting to cause the woman or her child ph!sical harmC
*d+ 6lacing the woman or her child in fear of imminent ph!sical harmC
*e+ Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist from
conduct which the woman or her child has the right to engage in% or attempting to
restrict or restricting the woman&s or her child&s freedom of movement or conduct
b! force or threat of force% ph!sical or other harm or threat of ph!sical or other
harm% or intimidation directed against the woman or child. This shall include% but
not limited to% the following acts committed with the purpose or effect of
controlling or restricting the woman&s or her child&s movement or conduct)
*8+ Threatening to deprive or actuall! depriving the woman or her child of
custod! to her,his famil!C
*2+ Depriving or threatening to deprive the woman or her children of
financial support legall! due her or her famil!% or deliberatel! providing the
woman&s children insufficient financial supportC
*1+ Depriving or threatening to deprive the woman or her child of a legal
rightC
*2+ 6reventing the woman in engaging in an! legitimate profession%
occupation% business or activit! or controlling the victim&s own mon2e! or
properties% or solel! controlling the con'ugal or common mone!% or
propertiesC
*f+ nflicting or threatening to inflict ph!sical harm on oneself for the purpose of
controlling her actions or decisionsC
*g+ Causing or attempting to cause the woman or her child to engage in an!
se4ual activit! which does not constitute rape% b! force or threat of force% ph!sical
harm% or through intimidation directed against the woman or her child or her,his
immediate famil!C
*h+ 7ngaging in purposeful% knowing% or reckless conduct% personall! or through
another% that alarms or causes substantial emotional or ps!chological distress to
the woman or her child. This shall include% but not be limited to% the following
acts)
*8+ "talking or following the woman or her child in public or private placesC
*2+ 6eering in the window or lingering outside the residence of the woman
or her childC
*1+ 7ntering or remaining in the dwelling or on the propert! of the woman
or her child against her,his willC
*2+ Destro!ing the propert! and personal belongings or inflicting harm to
animals or pets of the woman or her childC and
*D+ 7ngaging in an! form of harassment or violenceC
*i+ Causing mental or emotional anguish% public ridicule or humiliation to the
woman or her child% including% but not limited to% repeated verbal and emotional
abuse% and denial of financial support or custod! of minor children of access to
the woman&s child,children.
SECTION ". Penalties.# The crime of violence against women and their children% under
"ection D hereof shall be punished according to the following rules)
*a+ Acts falling under "ection D*a+ constituting attempted% frustrated or
consummated parricide or murder or homicide shall be punished in accordance
with the provisions of the .evised 6enal Code.
f these acts resulted in mutilation% it shall be punishable in accordance with the
.evised 6enal CodeC those constituting serious ph!sical in'uries shall have the
penalt! of prison ma!orC those constituting less serious ph!sical in'uries shall be
punished b! prision correccionalC and those constituting slight ph!sical in'uries
shall be punished b! arresto ma!or.
Acts falling under "ection D*b+ shall be punished b! imprisonment of two degrees
lower than the prescribed penalt! for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than arresto ma!or.
*b+ Acts falling under "ection D*c+ and D*d+ shall be punished b! arresto ma!orC
*c+ Acts falling under "ection D*e+ shall be punished b! prision correccionalC
*d+ Acts falling under "ection D*f+ shall be punished b! arresto ma!orC
*e+ Acts falling under "ection D*g+ shall be punished b! prision ma!orC
*f+ Acts falling under "ection D*h+ and "ection D*i+ shall be punished b! prision
ma!or.
f the acts are committed while the woman or child is pregnant or committed in
the presence of her child% the penalt! to be applied shall be the ma4imum period
of penalt! prescribed in the section.
n addition to imprisonment% the perpetrator shall *a+ pa! a fine in the amount of
not less than @ne hundred thousand pesos *6800%000.00+ but not more than
three hundred thousand pesos *100%000.00+C *b+ undergo mandator!
ps!chological counseling or ps!chiatric treatment and shall report compliance to
the court.
SECTION %. *enue.# The .egional Trial Court designated as a Aamil! Court shall have
original and e4clusive 'urisdiction over cases of violence against women and their
children under this law. n the absence of such court in the place where the offense was
committed% the case shall be filed in the .egional Trial Court where the crime or an! of
its elements was committed at the option of the compliant.
SECTION 5. Protection ,rders.# A protection order is an order issued under this act for
the purpose of preventing further acts of violence against a woman or her child specified
in "ection D of this Act and granting other necessar! relief. The relief granted under a
protection order serve the purpose of safeguarding the victim from further harm%
minimi$ing an! disruption in the victim&s dail! life% and facilitating the opportunit! and
abilit! of the victim to independentl! regain control over her life. The provisions of the
protection order shall be enforced b! law enforcement agencies. The protection orders
that ma! be issued under this Act are the baranga! protection order *-6@+% temporar!
protection order *T6@+ and permanent protection order *66@+. The protection orders
that ma! be issued under this Act shall include an!% some or all of the following reliefs)
*a+ 6rohibition of the respondent from threatening to commit or committing%
personall! or through another% an! of the acts mentioned in "ection D of this ActC
*b+ 6rohibition of the respondent from harassing% anno!ing% telephoning%
contacting or otherwise communicating with the petitioner% directl! or indirectl!C
*c+ .emoval and e4clusion of the respondent from the residence of the petitioner%
regardless of ownership of the residence% either temporaril! for the purpose of
protecting the petitioner% or permanentl! where no propert! rights are violated%
and if respondent must remove personal effects from the residence% the court
shall direct a law enforcement agent to accompan! the respondent has gathered
his things and escort respondent from the residenceC
*d+ Directing the respondent to sta! awa! from petitioner and designated famil!
or household member at a distance specified b! the court% and to sta! awa! from
the residence% school% place of emplo!ment% or an! specified place fre(uented b!
the petitioner and an! designated famil! or household memberC
*e+ Directing lawful possession and use b! petitioner of an automobile and other
essential personal effects% regardless of ownership% and directing the appropriate
law enforcement officer to accompan! the petitioner to the residence of the
parties to ensure that the petitioner is safel! restored to the possession of the
automobile and other essential personal effects% or to supervise the petitioner&s or
respondent&s removal of personal belongingsC
*f+ Eranting a temporar! or permanent custod! of a child,children to the
petitionerC
*g+ Directing the respondent to provide support to the woman and,or her child if
entitled to legal support. <otwithstanding other laws to the contrar!% the court
shall order an appropriate percentage of the income or salar! of the respondent
to be withheld regularl! b! the respondent&s emplo!er for the same to be
automaticall! remitted directl! to the woman. Aailure to remit and,or withhold or
an! dela! in the remittance of support to the woman and,or her child without
'ustifiable cause shall render the respondent or his emplo!er liable for indirect
contempt of courtC
*h+ 6rohibition of the respondent from an! use or possession of an! firearm or
deadl! weapon and order him to surrender the same to the court for appropriate
disposition b! the court% including revocation of license and dis(ualification to
appl! for an! license to use or possess a firearm. f the offender is a law
enforcement agent% the court shall order the offender to surrender his firearm and
shall direct the appropriate authorit! to investigate on the offender and take
appropriate action on matterC
*i+ .estitution for actual damages caused b! the violence inflicted% including% but
not limited to% propert! damage% medical e4penses% childcare e4penses and loss
of incomeC
*'+ Directing the D">D or an! appropriate agenc! to provide petitioner ma!
needC and
*k+ 6rovision of such other forms of relief as the court deems necessar! to
protect and provide for the safet! of the petitioner and an! designated famil! or
household member% provided petitioner and an! designated famil! or household
member consents to such relief.
An! of the reliefs provided under this section shall be granted even in the
absence of a decree of legal separation or annulment or declaration of absolute
nullit! of marriage.
The issuance of a -6@ or the pendenc! of an application for -6@ shall not
preclude a petitioner from appl!ing for% or the court from granting a T6@ or 66@.
SECTION . 7ho ay file Petition for Protection ,rders. A petition for protection
order ma! be filed b! an! of the following)
*a+ the offended part!C
*b+ parents or guardians of the offended part!C
*c+ ascendants% descendants or collateral relatives within the fourth civil degree
of consanguinit! or affinit!C
*d+ officers or social workers of the D">D or social workers of local government
units *5E;s+C
*e+ police officers% preferabl! those in charge of women and children&s desksC
*f+ Punong Barangay or Barangay /aga0adC
*g+ law!er% counselor% therapist or healthcare provider of the petitionerC
*h+ At least two *2+ concerned responsible citi$ens of the cit! or municipalit!
where the violence against women and their children occurred and who has
personal knowledge of the offense committed.
SECTION !(. 7here to (pply for a Protection ,rder. Applications for -6@s shall
follow the rules on venue under "ection 209 of the 5ocal Eovernment Code of 8998 and
its implementing rules and regulations. An application for a T6@ or 66@ ma! be filed in
the regional trial court% metropolitan trial court% municipal trial court% municipal circuit trial
court with territorial 'urisdiction over the place of residence of the petitioner) 6rovided%
however% That if a famil! court e4ists in the place of residence of the petitioner% the
application shall be filed with that court.
SECTION !!. Ho0 to (pply for a Protection ,rder. The application for a protection
order must be in writing% signed and verified under oath b! the applicant. t ma! be filed
as an independent action or as incidental relief in an! civil or criminal case the sub'ect
matter or issues thereof partakes of a violence as described in this Act. A standard
protection order application form% written in 7nglish with translation to the ma'or local
languages% shall be made available to facilitate applications for protections order% and
shall contain% among other% the following information)
*a+ names and addresses of petitioner and respondentC
*b+ description of relationships between petitioner and respondentC
*c+ a statement of the circumstances of the abuseC
*d+ description of the reliefs re(uested b! petitioner as specified in "ection :
hereinC
*e+ re(uest for counsel and reasons for suchC
*f+ re(uest for waiver of application fees until hearingC and
*g+ an attestation that there is no pending application for a protection order in
another court.
f the applicants is not the victim% the application must be accompanied b! an affidavit of
the applicant attesting to *a+ the circumstances of the abuse suffered b! the victim and
*b+ the circumstances of consent given b! the victim for the filling of the application.
>hen disclosure of the address of the victim will pose danger to her life% it shall be so
stated in the application. n such a case% the applicant shall attest that the victim is
residing in the municipalit! or cit! over which court has territorial 'urisdiction% and shall
provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application
for both a T6@ and 66@.
-aranga! officials and court personnel shall assist applicants in the preparation of the
application. 5aw enforcement agents shall also e4tend assistance in the application for
protection orders in cases brought to their attention.
SECTION !'. &nforceability of Protection ,rders. All T6@s and 66@s issued under
this Act shall be enforceable an!where in the 6hilippines and a violation thereof shall be
punishable with a fine ranging from Aive Thousand 6esos *6D%000.00+ to Aift! Thousand
6esos *6D0%000.00+ and,or imprisonment of si4 *=+ months.
SECTION !3. Legal Representation of Petitioners for Protection ,rder. f the woman
or her child re(uests in the applications for a protection order for the appointment of
counsel because of lack of economic means to hire a counsel de parte% the court shall
immediatel! direct the 6ublic Attorne!&s @ffice *6A@+ to represent the petitioner in the
hearing on the application. f the 6A@ determines that the applicant can afford to hire
the services of a counsel de parte% it shall facilitate the legal representation of the
petitioner b! a counsel de parte. The lack of access to famil! or con'ugal resources b!
the applicant% such as when the same are controlled b! the perpetrator% shall (ualif! the
petitioner to legal representation b! the 6A@.
?owever% a private counsel offering free legal service is not barred from representing
the petitioner.
SECTION !.. Barangay Protection ,rders :BP,s;9 7ho )ay $ssue and Ho0. '
-aranga! 6rotection @rders *-6@s+ refer to the protection order issued b! the Punong
Barangay ordering the perpetrator to desist from committing acts under "ection D *a+
and *b+ of this Act. A Punong Barangay who receives applications for a -6@ shall issue
the protection order to the applicant on the date of filing after e6 parte determination of
the basis of the application. f the Punong Barangay is unavailable to act on the
application for a -6@% the application shall be acted upon b! an! available Barangay
/aga0ad. f the -6@ is issued b! a Barangay /aga0ad the order must be
accompanied b! an attestation b! the Barangay /aga0ad that the Punong Barangay
was unavailable at the time for the issuance of the -6@. -6@s shall be effective for
fifteen *8D+ da!s. mmediatel! after the issuance of an e6 parte -6@% the Punong
Barangay or Barangay /aga0ad shall personall! serve a cop! of the same on the
respondent% or direct an! baranga! official to effect is personal service.
The parties ma! be accompanied b! a non#law!er advocate in an! proceeding before
the 6unong -aranga!.
SECTION !#. Teporary Protection ,rders. Temporar! 6rotection @rders *T6@s+
refers to the protection order issued b! the court on the date of filing of the application
after e6 parte determination that such order should be issued. A court ma! grant in a
T6@ an!% some or all of the reliefs mentioned in this Act and shall be effective for thirt!
*10+ da!s. The court shall schedule a hearing on the issuance of a 66@ prior to or on
the date of the e4piration of the T6@. The court shall order the immediate personal
service of the T6@ on the respondent b! the court sheriff who ma! obtain the
assistance of law enforcement agents for the service. The T6@ shall include notice of
the date of the hearing on the merits of the issuance of a 66@.
SECTION !". Peranent Protection ,rders. 6ermanent 6rotection @rder *66@+
refers to protection order issued b! the court after notice and hearing.
.espondents non#appearance despite proper notice% or his lack of a law!er% or the non#
availabilit! of his law!er shall not be a ground for rescheduling or postponing the
hearing on the merits of the issuance of a 66@. f the respondents appears without
counsel on the date of the hearing on the 66@% the court shall appoint a law!er for the
respondent and immediatel! proceed with the hearing. n case the respondent fails to
appear despite proper notice% the court shall allow e4 parte presentation of the evidence
b! the applicant and render 'udgment on the basis of the evidence presented. The court
shall allow the introduction of an! histor! of abusive conduct of a respondent even if the
same was not directed against the applicant or the person for whom the applicant is
made.
The court shall% to the e4tent possible% conduct the hearing on the merits of the issuance
of a 66@ in one *8+ da!. >here the court is unable to conduct the hearing within one *8+
da! and the T6@ issued is due to e4pire% the court shall continuousl! e4tend or renew
the T6@ for a period of thirt! *10+ da!s at each particular time until final 'udgment is
issued. The e4tended or renewed T6@ ma! be modified b! the court as ma! be
necessar! or applicable to address the needs of the applicant.
The court ma! grant an!% some or all of the reliefs specified in "ection : hereof in a
66@. A 66@ shall be effective until revoked b! a court upon application of the person in
whose favor the order was issued. The court shall ensure immediate personal service of
the 66@ on respondent.
The court shall not den! the issuance of protection order on the basis of the lapse of
time between the act of violence and the filing of the application.
.egardless of the conviction or ac(uittal of the respondent% the Court must determine
whether or not the 66@ shall become final. 7ven in a dismissal% a 66@ shall be granted
as long as there is no clear showing that the act from which the order might arise did not
e4ist.
SECTION !%. 3otice of Sanction in Protection ,rders. The following statement must
be printed in bold#faced t!pe or in capital letters on the protection order issued b! the
Punong Barangay or court)
",IOLATION OF T*IS OR-ER IS PUNIS*ABLE B= LA/."
SECTION !5. )andatory Period 1or (cting on (pplications 1or Protection ,rders
Aailure to act on an application for a protection order within the reglementar! period
specified in the previous section without 'ustifiable cause shall render the official or
'udge administrativel! liable.
SECTION !. Legal Separation Cases. n cases of legal separation% where violence
as specified in this Act is alleged% Article D: of the Aamil! Code shall not appl!. The
court shall proceed on the main case and other incidents of the case as soon as
possible. The hearing on an! application for a protection order filed b! the petitioner
must be conducted within the mandator! period specified in this Act.
SECTION '(. Priority of (pplication for a Protection ,rder. 74 parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall
have priorit! over all other proceedings. -aranga! officials and the courts shall schedule
and conduct hearings on applications for a protection order under this Act above all
other business and% if necessar!% suspend other proceedings in order to hear
applications for a protection order.
SECTION '!. *iolation of Protection ,rders. A complaint for a violation of a -6@
issued under this Act must be filed directl! with an! municipal trial court% metropolitan
trial court% or municipal circuit trial court that has territorial 'urisdiction over the baranga!
that issued the -6@. 3iolation of a -6@ shall be punishable b! imprisonment of thirt!
*10+ da!s without pre'udice to an! other criminal or civil action that the offended part!
ma! file for an! of the acts committed.
A 'udgement of violation of a -6@ ma be appealed according to the .ules of Court.
During trial and upon 'udgment% the trial court ma! motu proprio issue a protection order
as it deems necessar! without need of an application.
3iolation of an! provision of a T6@ or 66@ issued under this Act shall constitute
contempt of court punishable under .ule /8 of the .ules of Court% without pre'udice to
an! other criminal or civil action that the offended part! ma! file for an! of the acts
committed.
SECTION ''. (pplicability of Protection ,rders to Criinal Cases. The foregoing
provisions on protection orders shall be applicable in impliedl! instituted with the
criminal actions involving violence against women and their children.
SECTION '3. Bond to /eep the Peace. The Court ma! order an! person against
whom a protection order is issued to give a bond to keep the peace% to present two
sufficient sureties who shall undertake that such person will not commit the violence
sought to be prevented.
"hould the respondent fail to give the bond as re(uired% he shall be detained for a
period which shall in no case e4ceed si4 *=+ months% if he shall have been prosecuted
for acts punishable under "ection D*a+ to D*f+ and not e4ceeding thirt! *10+ da!s% if for
acts punishable under "ection D*g+ to D*+.
The protection orders referred to in this section are the T6@s and the 66@s issued onl!
b! the courts.
SECTION '.. Prescriptive Period. Acts falling under "ections D*a+ to D*f+ shall
prescribe in twent! *20+ !ears. Acts falling under "ections D*g+ to D*+ shall prescribe in
ten *80+ !ears.
SECTION '#. Public Crie. 3iolence against women and their children shall be
considered a public offense which ma! be prosecuted upon the filing of a complaint b!
an! citi$en having personal knowledge of the circumstances involving the commission
of the crime.
SECTION '". Battered 7oan Syndroe as a Defense. 3ictim#survivors who are
found b! the courts to be suffering from battered woman s!ndrome do not incur an!
criminal and civil liabilit! notwithstanding the absence of an! of the elements for
'ustif!ing circumstances of self#defense under the .evised 6enal Code.
n the determination of the state of mind of the woman who was suffering from battered
woman s!ndrome at the time of the commission of the crime% the courts shall be
assisted b! e4pert ps!chiatrists, ps!chologists.
SECTION '%. Prohibited Defense. -eing under the influence of alcohol% an! illicit
drug% or an! other mind#altering substance shall not be a defense under this Act.
SECTION '5. Custody of children. The woman victim of violence shall be entitled to
the custod! and support of her child,children. Children below seven */+ !ears old older
but with mental or ph!sical disabilities shall automaticall! be given to the mother% with
right to support% unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman s!ndrome shall not be dis(ualified from
having custod! of her children. n no case shall custod! of minor children be given to
the perpetrator of a woman who is suffering from -attered woman s!ndrome.
SECTION '. Duties of Prosecutors%Court Personnel. 6rosecutors and court
personnel should observe the following duties when dealing with victims under this Act)
a+ communicate with the victim in a language understood b! the woman or her
childC and
b+ inform the victim of her,his rights including legal remedies available and
procedure% and privileges for indigent litigants.
SECTION 3(. Duties of Barangay ,fficials and La0 &nforcers. -aranga! officials and
law enforcers shall have the following duties)
*a+ respond immediatel! to a call for help or re(uest for assistance or protection
of the victim b! entering the necessar! whether or not a protection order has
been issued and ensure the safet! of the victim,sC
*b+ confiscate an! deadl! weapon in the possession of the perpetrator or within
plain viewC
*c+ transport or escort the victim,s to a safe place of their choice or to a clinic or
hospitalC
*d+ assist the victim in removing personal belongs from the houseC
*e+ assist the baranga! officials and other government officers and emplo!ees
who respond to a call for helpC
*f+ ensure the enforcement of the 6rotection @rders issued b! the Punong
Barangy or the courtsC
*g+ arrest the suspected perpetrator wiithout a warrant when an! of the acts of
violence defined b! this Act is occurring% or when he,she has personal knowledge
that an! act of abuse has 'ust been committed% and there is imminent danger to
the life or limb of the victim as defined in this ActC and
*h+ immediatel! report the call for assessment or assistance of the D">D% social
>elfare Department of 5E;s or accredited non#government organi$ations
*<E@s+.
An! baranga! official or law enforcer who fails to report the incident shall be liable for a
fine not e4ceeding Ten Thousand 6esos *680%000.00+ or whenever applicable criminal%
civil or administrative liabilit!.
SECTION 3!. Healthcare Provider Response to (buse An! healthcare provider%
including% but not limited to% an attending ph!sician% nurse% clinician% baranga! health
worker% therapist or counselor who suspects abuse or has been informed b! the victim
of violence shall)
*a+ properl! document an! of the victim&s ph!sical% emotional or ps!chological
in'uriesC
*b+ properl! record an! of victim&s suspicions% observations and circumstances of
the e4amination or visitC
*c+ automaticall! provide the victim free of charge a medical certificate
concerning the e4amination or visitC
*d+ safeguard the records and make them available to the victim upon re(uest at
actual costC and
*e+ provide the victim immediate and ade(uate notice of rights and remedies
provided under this Act% and services available to them.
SECTION 3'. Duties of ,ther -overnent (gencies and L-.s @ther government
agencies and 5E;s shall establish programs such as% but not limited to% education and
information campaign and seminars or s!mposia on the nature% causes% incidence and
conse(uences of such violence particularl! towards educating the public on its social
impacts.
t shall be the dut! of the concerned government agencies and 5E;&s to ensure the
sustained education and training of their officers and personnel on the prevention of
violence against women and their children under the Act.
SECTION 33. Prohibited (cts. A Punong Barangay! Barangay /aga0ad or the court
hearing an application for a protection order shall not order% direct% force or in an! wa!
undul! influence he applicant for a protection order to compromise or abandon an! of
the reliefs sought in the application for protection under this Act. "ection / of the Aamil!
Courts Act of 899/ and "ections 280% 288% 282 and 281 of the 5ocal Eovernment Code
of 8998 shall not appl! in proceedings where relief is sought under this Act.
Aailure to compl! with this "ection shall render the official or 'udge administrativel!
liable.
SECTION 3.. Persons $ntervening &6ept fro Liability. n ever! case of violence
against women and their children as herein defined% an! person% private individual or
police authorit! or baranga! official who% acting in accordance with law% responds or
intervenes without using violence or restraint greater than necessar! to ensure the
safet! of the victim% shall not be liable for an! criminal% civil or administrative liabilit!
resulting therefrom.
SECTION 3#. Rights of *ictis. n addition to their rights under e4isting laws% victims
of violence against women and their children shall have the following rights)
*a+ to be treated with respect and dignit!C
*b+ to avail of legal assistance form the 6A@ of the Department of Fustice *D@F+
or an! public legal assistance officeC
*c+ To be entitled to support services form the D">D and 5E;s&
*d+ To be entitled to all legal remedies and support as provided for under the
Aamil! CodeC and
*e+ To be informed of their rights and the services available to them including
their right to appl! for a protection order.
SECTION 3". Daages. An! victim of violence under this Act shall be entitled to
actual% compensator!% moral and e4emplar! damages.
SECTION 3%. Hold Departure ,rder. The court shall e4pedite the process of issuance
of a hold departure order in cases prosecuted under this Act.
SECTION 35. &6eption fro Payent of Doc2et 1ee and ,ther &6penses. f the
victim is an indigent or there is an immediate necessit! due to imminent danger or threat
of danger to act on an application for a protection order% the court shall accept the
application without pa!ment of the filing fee and other fees and of transcript of
stenographic notes.
SECTION 3. $nter'(gency Council on *iolence (gainst 7oen and Their Children
:$(C'*(7C;. n pursuance of the abovementioned polic!% there is hereb! established
an nter#Agenc! Council on 3iolence Against >omen and their children% hereinafter
known as the Council% which shall be composed of the following agencies)
*a+ Department of "ocial >elfare and Development *D">D+C
*b+ <ational Commission on the .ole of Ailipino >omen *<C.A>+C
*c+ Civil "ervice Commission *C"C+C
*d+ Commission on ?uman rights *C?.+
*e+ Council for the >elfare of Children *C>C+C
*f+ Department of Fustice *D@F+C
*g+ Department of the nterior and 5ocal Eovernment *D5E+C
*h+ 6hilippine <ational 6olice *6<6+C
*i+ Department of ?ealth *D@?+C
*'+ Department of 7ducation *Dep7d+C
*k+ Department of 5abor and 7mplo!ment *D@57+C and
*l+ <ational -ureau of nvestigation *<-+.
These agencies are tasked to formulate programs and pro'ects to eliminate 3A> based
on their mandates as well as develop capabilit! programs for their emplo!ees to
become more sensitive to the needs of their clients. The Council will also serve as the
monitoring bod! as regards to 3A> initiatives.
The Council members ma! designate their dul! authori$ed representative who shall
have a rank not lower than an assistant secretar! or its e(uivalent. These
representatives shall attend Council meetings in their behalf% and shall receive
emoluments as ma! be determined b! the Council in accordance with e4isting budget
and accounting rules and regulations.
SECTION .(. )andatory Progras and Services for *ictis. The D">D% and 5E;&s
shall provide the victims temporar! shelters% provide counseling% ps!cho#social services
and ,or% recover!% rehabilitation programs and livelihood assistance.
The D@? shall provide medical assistance to victims.
SECTION .!. Counseling and Treatent of ,ffenders. The D">D shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive
wa!s of coping with anger and emotional outbursts and reforming their wa!s. >hen
necessar!% the offender shall be ordered b! the Court to submit to ps!chiatric treatment
or confinement.
SECTION .'. Training of Persons $nvolved in Responding to *iolence (gainst 7oen
and their Children Cases. All agencies involved in responding to violence against
women and their children cases shall be re(uired to undergo education and training to
ac(uaint them with)
a. the nature% e4tend and causes of violence against women and their childrenC
b. the legal rights of% and remedies available to% victims of violence against
women and their childrenC
c. the services and facilities available to victims or survivorsC
d. the legal duties imposed on police officers to make arrest and to offer
protection and assistanceC and
e. techni(ues for handling incidents of violence against women and their children
that minimi$e the likelihood of in'ur! to the officer and promote the safet! of the
victim or survivor.
The 6<6% in coordination with 5E;&s shall establish an education and training program
for police officers and baranga! officials to enable them to properl! handle cases of
violence against women and their children.
SECTION .3. &ntitled to Leave. 3ictims under this Act shall be entitled to take a paid
leave of absence up to ten *80+ da!s in addition to other paid leaves under the 5abor
Code and Civil "ervice .ules and .egulations% e4tendible when the necessit! arises as
specified in the protection order.
An! emplo!er who shall pre'udice the right of the person under this section shall be
penali$ed in accordance with the provisions of the 5abor Code and Civil "ervice .ules
and .egulations. 5ikewise% an emplo!er who shall pre'udice an! person for assisting a
co#emplo!ee who is a victim under this Act shall likewise be liable for discrimination.
SECTION ... Confidentiality. All records pertaining to cases of violence against
women and their children including those in the baranga! shall be confidential and all
public officers and emplo!ees and public or private clinics to hospitals shall respect the
right to privac! of the victim. >hoever publishes or causes to be published% in an!
format% the name% address% telephone number% school% business address% emplo!er% or
other identif!ing information of a victim or an immediate famil! member% without the
latter&s consent% shall be liable to the contempt power of the court.
An! person who violates this provision shall suffer the penalt! of one *8+ !ear
imprisonment and a fine of not more than Aive ?undred Thousand pesos
*6D00%000.00+.
SECTION .#. 1unding The amount necessar! to implement the provisions of this Act
shall be included in the annual Eeneral Appropriations Act *EAA+.
The Eender and Development *EAD+ -udget of the mandated agencies and 5E;&s
shall be used to implement services for victim of violence against women and their
children.
SECTION .". $pleenting Rules and Regulations. >ithin si4 *=+ months from the
approval of this Act% the D@F% the <C.A>% the D">D% the D5E% the D@?% and the
6<6% and three *1+ representatives from <E@s to be identified b! the <C.A>% shall
promulgate the mplementing .ules and .egulations *..+ of this Act.
SECTION .%. Suppletory (pplication Aor purposes of this Act% the .evised 6enal
Code and other applicable laws% shall have suppletor! application.
SECTION .5. Separability Clause. f an! section or provision of this Act is held
unconstitutional or invalid% the other sections or provisions shall not be affected.
SECTION .. Repealing Clause All laws% 6residential decrees% e4ecutive orders and
rules and regulations% or parts thereof% inconsistent with the provisions of this Act are
hereb! repealed or modified accordingl!.
SECTION #(. &ffectivity This Act shall take effect fifteen *8D+ da!s from the date of its
complete publication in at least two *2+ newspapers of general circulation.
Approved%
$OSE -E ,ENECIA $R.
FRAN0LIN -RILON
.epresentatives
This Act% which is a consolidation of "enate -ill <o. 2/21 and ?ouse -ill <os. DD8= and
=0D2% was finall! passed b! the "enate and the ?ouse of .epresentatives on Fanuar!
29% 2002 and Aebruar! 2% 2002% respectivel!.
ROBERTO P. NA>ARENO
"ecretar! Eeneral
?ouse of .epresenatives
OSCAR ). =ABES
"ecretar! of "enate
Approved) Barch 0:% 2002
)LORIA +ACAPA)AL8ARRO=O
President of the Philippines
Twelfth Congress
REPUBLIC ACT NO. !"( Septe2;er '& '((!
AN ACT -EFININ) T*E CRI+E OF +ONE= LAUN-ERIN)& PRO,I-IN)
PENALTIES T*EREFOR AN- FOR OT*ER PURPOSES
Congress assebled=
Se1tion !. Short Title. C This Act shall be known as the "Anti#Bone! 5aundering Act of
2008."
Se1tion '. Declaration of Policy. t is hereb! declared the polic! of the "tate to protect
and preserve the integrit! and confidentialit! of bank accounts and to ensure that the
6hilippines shall not be used as a mone! laundering site for the proceeds of an!
unlawful activit!. Consistent with its foreign polic!% the "tate shall e4tend cooperation in
transnational investigations and prosecutions of persons involved in mone! laundering
activities whenever committed.
Se1tion 3. Definitions. Aor purposes of this Act% the following terms are hereb! defined
as follows)
*a+ "Covered InstitutionD refers to)
*8+ banks% non#banks% (uasi#banks% trust entities% and all other institutions
and their subsidiaries and affiliates supervised or regulated b! the -angko
"entral ng 6ilipinas *-"6+C
*2+ nsurance companies and all other institutions supervised or regulated
b! the nsurance CommissionC and
*1+ *i+ securities dealers% brokers% salesmen% investment houses and other
similar entities managing securities or rendering services as investment
agent% advisor% or consultant% *ii+ mutual funds% close and investment
companies% common trust funds% pre#need companies and other similar
entities% *iii+ foreign e4change corporations% mone! changers% mone!
pa!ment% remittance% and transfer companies and other similar entities%
and *iv+ other entities administering or otherwise dealing in currenc!%
commodities or financial derivatives based thereon% valuable ob'ects% cash
substitutes and other similar monetar! instruments or propert! supervised
or regulated b! "ecurities and 74change Commission.
*b+ "Covered transaction" is a single% series% or combination of transactions
involving a total amount in e4cess of Aour million 6hilippine pesos
*6hp2%000%000.00+ or an e(uivalent amount in foreign currenc! based on the
prevailing e4change rate within five *D+ consecutive banking da!s e4cept those
between a covered institution and a person who% at the time of the transaction
was a properl! identified client and the amount is commensurate with the
business or financial capacit! of the clientC or those with an underl!ing legal or
trade obligation% purpose% origin or economic 'ustification.
t likewise refers to a single% series or combination or pattern of unusuall! large
and comple4 transactions in e4cess of Aour million 6hilippine pesos
*6hp2%000%000.00+ especiall! cash deposits and investments having no credible
purpose or origin% underl!ing trade obligation or contract.
*c+ "Monetary Instrument" refers to)
*8+ coins or currenc! of legal tender of the 6hilippines% or of an! other
countr!C
*2+ drafts% checks and notesC
*1+ securities or negotiable instruments% bonds% commercial papers%
deposit certificates% trust certificates% custodial receipts or deposit
substitute instruments% trading orders% transaction tickets and
confirmations of sale or investments and mone! marked instrumentsC and
*2+ other similar instruments where title thereto passes to another b!
endorsement% assignment or deliver!.
*d+ "Offender" refers to an! person who commits a mone! laundering offense.
*e+ "Person" refers to an! natural or 'uridical person.
*f+ "Proceeds" refers to an amount derived or reali$ed from an unlawful activit!.
*g+ "Supervising Authority" refers to the appropriate supervisor! or regulator!
agenc!% department or office supervising or regulating the covered institutions
enumerated in "ection 1*a+.
*h+ "Transaction" refers to an! act establishing an! right or obligation or giving
rise to an! contractual or legal relationship between the parties thereto. t also
includes an! movement of funds b! an! means with a covered institution.
*l+ "Unlawful activity" refers to an! act or omission or series or combination
thereof involving or having relation to the following)
*8+ Jidnapping for ransom under Article 2=/ of Act <o. 1:8D% otherwise
known as the .evised 6enal Code% as amendedC
*2+ "ections 1% 2% D% /% : and 9 of Article Two of .epublic Act <o. =22D% as
amended% otherwise known as the Dangerous Drugs Act of 89/2C
*1+ "ection 1 paragraphs -% C% 7% E% ? and of .epublic Act <o. 1089% as
amendedC otherwise known as the Anti#Eraft and Corrupt 6ractices ActC
*2+ 6lunder under .epublic Act <o. /0:0% as amendedC
*D+ .obber! and e4tortion under Articles 292% 29D% 29=% 299% 100% 108 and
102 of the .evised 6enal Code% as amendedC
*=+ Fueteng and Basiao punished as illegal gambling under 6residential
Decree <o. 8=02C
*/+ 6irac! on the high seas under the .evised 6enal Code% as amended
and 6residential Decree <o. D12C
*:+ Gualified theft under% Article 180 of the .evised 6enal Code% as
amendedC
*9+ "windling under Article 18D of the .evised 6enal Code% as amendedC
*80+ "muggling under .epublic Act <os. 2DD and 891/C
*88+ 3iolations under .epublic Act <o. :/92% otherwise known as the
7lectronic Commerce Act of 2000C
*82+ ?i'acking and other violations under .epublic Act <o. =21DC
destructive arson and murder% as defined under the .evised 6enal Code%
as amended% including those perpetrated b! terrorists against non#
combatant persons and similar targetsC
*81+ Araudulent practices and other violations under .epublic Act <o.
:/99% otherwise known as the "ecurities .egulation Code of 2000C
*82+ Aelonies or offenses of a similar nature that are punishable under the
penal laws of other countries.
Se1tion .. )oney Laundering ,ffense. Bone! laundering is a crime whereb! the
proceeds of an unlawful activit! are transacted% thereb! making them appear to have
originated from legitimate sources. t is committed b! the following)
*a+ An! person knowing that an! monetar! instrument or propert! represents%
involves% or relates to the proceeds of an! unlawful activit!% transacts or attempts
to transact said monetar! instrument or propert!.
*b+ An! person knowing that an! monetar! instrument or propert! involves the
proceeds of an! unlawful activit!% performs or fails to perform an! act as a result
of which he facilitates the offense of mone! laundering referred to in paragraph
*a+ above.
*c+ An! person knowing that an! monetar! instrument or propert! is re(uired
under this Act to be disclosed and filed with the Anti#Bone! 5aundering Council
*AB5C+% fails to do so.
Se1tion #. 5urisdiction of )oney Laundering Cases. The regional trial courts shall
have 'urisdiction to tr! all cases on mone! laundering. Those committed b! public
officers and private persons who are in conspirac! with such public officers shall be
under the 'urisdiction of the "andiganba!an.
Se1tion ". Prosecution of )oney Laundering.
*a+ An! person ma! be charged with and convicted of both the offense of mone!
laundering and the unlawful activit! as herein defined.
*b+ An! proceeding relating to the unlawful activit! shall be given precedence
over the prosecution of an! offense or violation under this Act without pre'udice
to the free$ing and other remedies provided.
Se1tion %. Creation of (nti')oney Laundering Council :()LC;. The Anti#Bone!
5aundering Council is hereb! created and shall be composed of the Eovernor of the
-angko "entral ng 6ilipinas as chairman% the Commissioner of the nsurance
Commission and the Chairman of the "ecurities and 74change Commission as
members. The AB5C shall act unanimousl! in the discharge of its functions as defined
hereunder)
*8+ to re(uire and receive covered transaction reports from covered institutionsC
*2+ to issue orders addressed to the appropriate "upervising Authorit! or the
covered institution to determine the true identit! of the owner of an! monetar!
instrument or propert! sub'ect of a covered transaction report or re(uest for
assistance from a foreign "tate% or believed b! the Council% on the basis of
substantial evidence to be in whole or in part% whenever located% representing%
involving% or related to% directl! or indirectl!% in an! manner or b! an! means% the
proceeds of an unlawful activit!C
*1+ to institute civil forfeiture proceedings and all other remedial proceedings
through the @ffice of the "olicitor EeneralC
*2+ to cause the filing of complaints with the Department of Fustice or the
@mbudsman for the prosecution of mone! laundering offensesC
*D+ to initiate investigations of covered transactions% mone! laundering activities
and other violations of this ActC
*=+ to free$e an! monetar! instrument or propert! alleged to be proceed of an!
unlawful activit!C
*/+ to implement such measures as ma! be necessar! and 'ustified under this
Act to counteract mone! launderingC
*:+ to receive and take action in respect of% an! re(uest from foreign states for
assistance in their own anti#mone! laundering operations provided in this ActC
*9+ to develop educational programs on the pernicious effects of mone!
laundering% the methods and techni(ues used in mone! laundering% the viable
means of preventing mone! laundering and the effective wa!s of prosecuting and
punishing offendersC and
*80+ to enlist the assistance of an! branch% department% bureau% office% agenc! or
instrumentalit! of the government% including government#owned and controlled
corporations% in undertaking an! and all anti#mone! laundering operations% which
ma! include the use of its personnel% facilities and resources for the more
resolute prevention% detection and investigation of mone! laundering offenses
and prosecution of offenders.
Se1tion 5. Creation of a Secretariat. The AB5C is hereb! authori$ed to establish a
secretariat to be headed b! an 74ecutive Director who shall be appointed b! the
Council for a term of five *D+ !ears. ?e must be a member of the 6hilippine -ar% at least
thirt!#five *1D+ !ears of age and of good moral character% un(uestionable integrit! and
known probit!. All members of the "ecretariat must have served for at least five *D+
!ears either in the nsurance Commission% the "ecurities and 74change Commission or
the -angko "entral ng 6ilipinas *-"6+ and shall hold full#time permanent positions
within the -"6.
Se1tion . Prevention of )oney Laundering9 Custoer $dentification Re+uireents and
Record /eeping.
*a+ Custo2er I4entifi1ation% # Covered institutions shall establish and record the
true identit! of its clients based on official documents. The! shall maintain a
s!stem of verif!ing the true identit! of their clients and% in case of corporate
clients% re(uire a s!stem of verif!ing their legal e4istence and organi$ational
structure% as well as the authorit! and identification of all persons purporting to
act on their behalf.
The provisions of e4isting laws to the contrar! notwithstanding% anon!mous
accounts% accounts under fictitious names% and all other similar accounts shall be
absolutel! prohibited. 6eso and foreign currenc! non#checking numbered
accounts shall be allowed. The -"6 ma! conduct annual testing solel! limited to
the determination of the e4istence and true identit! of the owners of such
accounts.
*b+ Re1or4 0eeping All records of all transactions of covered institutions shall
be maintained and safel! stored for five *D+ !ears from the date of transactions.
>ith respect to closed accounts% the records on customer identification% account
files and business correspondence% shall be preserved and safet! stored for at
least five *D+ !ears from the dates when the! were closed.
*c+ Reporting of Co:ere4 Transa1tions. Covered institutions shall report to
the AB5C all covered transactions within five *D+ working da!s from occurrence
thereof% unless the "upervising Authorit! concerned prescribes a longer period
not e4ceeding ten *80+ working da!s.
>hen reporting covered transactions to the AB5C% covered institutions and their
officers% emplo!ees% representatives% agents% advisors% consultants or associates shall
not be deemed to have violated .epublic Act <o. 820D% as amendedC .epublic Act <o.
=22=% as amendedC .epublic Act <o. :/98 and other similar laws% but are prohibited
from communicating% directl! or indirectl!% in an! manner or b! an! means% to an!
person the fact that a covered transaction report was made% the contents thereof% or an!
other information in relation thereto. n case of violation thereof% the concerned officer%
emplo!ee% representative% agent% advisor% consultant or associate of the covered
institution% shall be criminall! liable. ?owever% no administrative% criminal or civil
proceedings% shall lie against an! person for having made a covered transaction report
in the regular performance of his duties and in good faith% whether or not such reporting
results in an! criminal prosecution under this Act or an! other 6hilippine law.
>hen reporting covered transactions to the AB5C% covered institutions and their
officers% emplo!ees% representatives% agents% advisors% consultants or associates are
prohibited from communicating% directl! or indirectl!% in an! manner or b! an! means% to
an! person% entit!% the media% the fact that a covered transaction report was made% the
contents thereof% or an! other information in relation thereto. <either ma! such reporting
be published or aired in an! manner or form b! the mass media% electronic mail% or
other similar devices. n case of violation thereof% the concerned officer% emplo!ee%
representative% agent% advisor% consultant or associate of the covered institution% or
media shall be held criminall! liable.
Se1tion !(. (uthority to 1ree"e. ;pon determination that probable cause e4ists that
an! deposit or similar account is in an! wa! related to an unlawful activit!% the AB5C
ma! issue a free$e order% which shall be effective immediatel!% on the account for a
period not e4ceeding fifteen *8D+ da!s. <otice to the depositor that his account has been
fro$en shall be issued simultaneousl! with the issuance of the free$e order. The
depositor shall have sevent!#two */2+ hours upon receipt of the notice to e4plain wh!
the free$e order should be lifted. The AB5C has sevent!#two */2+ hours to dispose of
the depositor&s e4planation. f it falls to act within sevent!#two */2+ hours from receipt of
the depositor&s e4planation% the free$e order shall automaticall! be dissolved. The
fifteen *8D+#da! free$e order of the AB5C ma! be e4tended upon order of the court%
provided that the fifteen *8D+#da! period shall be tolled pending the court&s decision to
e4tend the period.
<o court shall issue a temporar! restraining order or writ of in'unction against an! free$e
order issued b! the AB5C e4cept the Court of Appeals or the "upreme Court.
Se1tion !!. (uthority to in+uire into Ban2 Deposits. <otwithstanding the provisions of
.epublic Act <o. 820D% as amendedC .epublic Act <o. =22=% as amendedC .epublic Act
<o. :/98% and other laws% the AB5C ma! in(uire into or e4amine an! particular deposit
or investment with an! banking institution or non#bank financial institution upon order of
an! competent court in cases of violation of this Act when it has been established that
there is probable cause that the deposits or investments involved are in an! wa! related
to a mone! laundering offense) Provided% That this provision shall not appl! to deposits
and investments made prior to the effectivit! of this Act.
Se1tion !'. 1orfeiture Provisions.
*a+ Ci:il Forfeiture. >hen there is a covered transaction report made% and the
court has% in a petition filed for the purpose ordered sei$ure of an! monetar!
instrument or propert!% in whole or in part% directl! or indirectl!% related to said
report% the .evised .ules of Court on civil forfeiture shall appl!.
*b+ Clai2 on Forfeite4 Assets. >here the court has issued an order of
forfeiture of the monetar! instrument or propert! in a criminal prosecution for an!
mone! laundering offense defined under "ection 2 of this Act% the offender or an!
other person claiming an interest therein ma! appl!% b! verified petition% for a
declaration that the same legitimatel! belongs to him and for segregation or
e4clusion of the monetar! instrument or propert! corresponding thereto. The
verified petition shall be filed with the court which rendered the 'udgment of
conviction and order of forfeiture% within fifteen *8D+ da!s from the date of the
order or forfeiture% in default of which the said order shall become final and
e4ecutor!. This provision shall appl! in both civil and criminal forfeiture.
*c+ Pa72ent in Lieu of Forfeiture. >here the court has issued an order of
forfeiture of the monetar! instrument or propert! sub'ect of a mone! laundering
offense defined under "ection 2% and said order cannot be enforced because an!
particular monetar! instrument or propert! cannot% with due diligence% be located%
or it has been substantiall! altered% destro!ed% diminished in value or otherwise
rendered worthless b! an! act or omission% directl! or indirectl!% attributable to
the offender% or it has been concealed% removed% converted or otherwise
transferred to prevent the same from being found or to avoid forfeiture thereof% or
it is located outside the 6hilippines or has been placed or brought outside the
'urisdiction of the court% or it has been commingled with other monetar!
instruments or propert! belonging to either the offender himself or a third person
or entit!% thereb! rendering the same difficult to identif! or be segregated for
purposes of forfeiture% the court ma!% instead of enforcing the order of forfeiture
of the monetar! instrument or propert! or part thereof or interest therein%
accordingl! order the convicted offender to pa! an amount e(ual to the value of
said monetar! instrument or propert!. This provision shall appl! in both civil and
criminal forfeiture.
Se1tion !3. )utual (ssistance aong States.
*a+ Re6uest for Assistan1e fro2 a Foreign State. >here a foreign "tate
makes a re(uest for assistance in the investigation or prosecution of a mone!
laundering offense% the AB5C ma! e4ecute the re(uest or refuse to e4ecute the
same and inform the foreign "tate of an! valid reason for not e4ecuting the
re(uest or for dela!ing the e4ecution thereof. The principles of mutualit! and
reciprocit! shall% for this purpose% be at all times recogni$ed.
*b+ Power of the A+LC to A1t on a Re6uest for Assistan1e fro2 a Foreign
State. The AB5C ma! e4ecute a re(uest for assistance from a foreign "tate
b!) *8+ tracking down% free$ing% restraining and sei$ing assets alleged to be
proceeds of an! unlawful activit! under the procedures laid down in this ActC *2+
giving information needed b! the foreign "tate within the procedures laid down in
this ActC and *1+ appl!ing for an order of forfeiture of an! monetar! instrument or
propert! in the court) Provided% That the court shall not issue such an order
unless the application is accompanied b! an authenticated cop! of the order of a
court in the re(uesting "tate ordering the forfeiture of said monetar! instrument
or properl! of a person who has been convicted of a mone! laundering offense in
the re(uesting "tate% and a certification of an affidavit of a competent officer of
the re(uesting "tate stating that the conviction and the order of forfeiture are final
and then no further appeal lies in respect or either.
*c+ O;taining Assistan1e fro2 Foreign States. The AB5C ma! make a
re(uest to an! foreign "tate for assistance in *8+ tracking down% free$ing%
restraining and sei$ing assets alleged to be proceeds of an! unlawful activit!C *2+
obtaining information that it needs relating to an! covered transaction% mone!
laundering offense or an! other matter directl! or indirectl!% related theretoC *1+ to
the e4tent allowed b! the law of the Aoreign "tate% appl!ing with the proper court
therein for an order to enter an! premises belonging to or in the possession or
control of% an! or all of the persons named in said re(uest% and,or search an! or
all such persons named therein and,or remove an! document% material or ob'ect
named in said re(uest) Provided% That the documents accompan!ing the re(uest
in support of the application have been dul! authenticated in accordance with the
applicable law or regulation of the foreign "tateC and *2+ appl!ing for an order of
forfeiture of an! monetar! instrument or propert! in the proper court in the foreign
"tate) Provided% That the re(uest is accompanied b! an authenticated cop! of
the order of the regional trial court ordering the forfeiture of said monetar!
instrument or propert! of a convicted offender and an affidavit of the clerk of
court stating that the conviction and the order of forfeiture are final and that no
further appeal lies in respect of either.
*d+ Li2itations on Re6uest for +utual Assistan1e. The AB5C ma! refuse to
compl! with an! re(uest for assistance where the action sought b! the re(uest
contravenes an! provision of the Constitution or the e4ecution of a re(uest is
likel! to pre'udice the national interest of the 6hilippines unless there is a treat!
between the 6hilippines and the re(uesting "tate relating to the provision of
assistance in relation to mone! laundering offenses.
*e+ Re6uire2ents for Re6uests for +utual Assistan1e fro2 Foreign State.
A re(uest for mutual assistance from a foreign "tate must *8+ confirm that an
investigation or prosecution is being conducted in respect of a mone! launderer
named therein or that he has been convicted of an! mone! laundering offenseC
*2+ state the grounds on which an! person is being investigated or prosecuted for
mone! laundering or the details of his convictionC *1+ gives sufficient particulars
as to the identit! of said personC *2+ give particulars sufficient to identit! an!
covered institution believed to have an! information% document% material or ob'ect
which ma! be of assistance to the investigation or prosecutionC *D+ ask from the
covered institution concerned an! information% document% material or ob'ect
which ma! be of assistance to the investigation or prosecutionC *=+ specif! the
manner in which and to whom said information% document% material or ob'ect
detained pursuant to said re(uest% is to be producedC */+ give all the particulars
necessar! for the issuance b! the court in the re(uested "tate of the writs% orders
or processes needed b! the re(uesting "tateC and *:+ contain such other
information as ma! assist in the e4ecution of the re(uest.
*f+ Authenti1ation of -o1u2ents. Aor purposes of this "ection% a document is
authenticated if the same is signed or certified b! a 'udge% magistrate or
e(uivalent officer in or of% the re(uesting "tate% and authenticated b! the oath or
affirmation of a witness or sealed with an official or public seal of a minister%
secretar! of "tate% or officer in or of% the government of the re(uesting "tate% or
of the person administering the government or a department of the re(uesting
territor!% protectorate or colon!. The certificate of authentication ma! also be
made b! a secretar! of the embass! or legation% consul general% consul% vice
consul% consular agent or an! officer in the foreign service of the 6hilippines
stationed in the foreign "tate in which the record is kept% and authenticated b!
the seal of his office.
*g+ EBtra4ition. The 6hilippines shall negotiate for the inclusion of mone!
laundering offenses as herein defined among e4traditable offenses in all future
treaties.
Se1tion !.. Penal Provisions.
*a+ Penalties for the Cri2e of +one7 Laun4ering. The penalt! of imprisonment
ranging from seven */+ to fourteen *82+ !ears and a fine of not less than Three
million 6hilippine pesos *6hp 1%000%000.00+ but not more than twice the value of
the monetar! instrument or propert! involved in the offense% shall be imposed
upon a person convicted under "ection 2*a+ of this Act.
The penalt! of imprisonment from four *2+ to seven */+ !ears and a fine of not
less than @ne million five hundred thousand 6hilippine pesos *6hp 8%D00%000.00+
but not more than Three million 6hilippine pesos *6hp 1%000%000.00+% shall be
imposed upon a person convicted under "ection 2*b+ of this Act.
The penalt! of imprisonment from si4 *=+ months to four *2+ !ears or a fine of not
less than @ne hundred thousand 6hilippine pesos *6hp 800%000.00+ but not more
than Aive hundred thousand 6hilippine pesos *6hp D00%000.00+% or both% shall be
imposed on a person convicted under "ection 2*c+ of this Act.
*b+ Penalties for Failure to 0eep Re1or4s. The penalt! of imprisonment from
si4 *=+ months to one *8+ !ear or a fine of not less than @ne hundred thousand
6hilippine pesos *6hp 800%000.00+ but not more than Aive hundred thousand
6hilippine pesos *6hp D00%000.00+% or both% shall be imposed on a person
convicted under "ection 9*b+ of this Act.
*c+ +ali1ious Reporting. An! person who% with malice% or in bad faith% report or
files a completel! unwarranted or false information relative to mone! laundering
transaction against an! person shall be sub'ect to a penalt! of si4 *=+ months to
four *2+ !ears imprisonment and a fine of not less than @ne hundred thousand
6hilippine pesos *6hp 800%000.00+ but not more than Aive hundred thousand
6hilippine pesos *6hp D00%000.00+% at the discretion of the court) Provided! That
the offender is not entitled to avail the benefits of the 6robation 5aw.
f the offender is a corporation% association% partnership or an! 'uridical person%
the penalt! shall be imposed upon the responsible officers% as the case ma! be%
who participated in the commission of the crime or who shall have knowingl!
permitted or failed to prevent its commission. f the offender is a 'uridical person%
the court ma! suspend or revoke its license. f the offender is an alien% he shall%
in addition to the penalties herein prescribed% be deported without further
proceedings after serving the penalties herein prescribed. f the offender is a
public official or emplo!ee% he shall% in addition to the penalties prescribed herein%
suffer perpetual or temporar! absolute dis(ualification from office% as the case
ma! beC
An! public official or emplo!ee who is called upon to testif! and refuses to do the
same or purposel! fails to testif! shall suffer the same penalties prescribed
herein.
*d+ Brea1h of Confi4entialit7. The punishment of imprisonment ranging from
three *1+ to eight *:+ !ears and a fine of not less than Aive hundred thousand
6hilippine pesos *6hp D00%000.00+ but not more than @ne million 6hilippine
pesos *6hp 8%000%000.00+% shall be imposed on a person convicted for a violation
under "ection 9*c+.
Se1tion !#. Syste of $ncentives and Re0ards. A s!stem of special incentives and
rewards is hereb! established to be given to the appropriate government agenc! and its
personnel that led and initiated an investigation% prosecution and conviction of persons
involved in the offense penali$ed in "ection 2 of this Act.
Se1tion !". Prohibitions (gainst Political Harassent. This Act shall not be used for
political prosecution or harassment or as an instrument to hamper competition in trade
and commerce.
<o case for mone! laundering ma! be filed against and no assets shall be fro$en%
attached or forfeited to the pre'udice of a candidate for an electoral office during an
election period.
Se1tion !%. Restitution. .estitution for an! aggrieved part! shall be governed b! the
provisions of the <ew Civil Code.
Se1tion !5. $pleenting Rules and Regulations. >ithin thirt! *10+ da!s from the
effectivit! of this Act% the -angko "entral ng 6ilipinas% the nsurance Commission and
the "ecurities and 74change Commission shall promulgate the rules and regulations to
implement effectivit! the provisions of this Act. "aid rules and regulations shall be
submitted to the Congressional @versight Committee for approval.
Covered institutions shall formulate their respective mone! laundering prevention
programs in accordance with this Act including% but not limited to% information
dissemination on mone! laundering activities and its prevention% detection and
reporting% and the training of responsible officers and personnel of covered institutions.
Se1tion !. Congressional ,versight Coittee. There is hereb! created a
Congressional @versight Committee composed of seven */+ members from the "enate
and seven */+ members from the ?ouse of .epresentatives. The members from the
"enate shall be appointed b! the "enate 6resident based on the proportional
representation of the parties or coalitions therein with at least two *2+ "enators
representing the minorit!. The members from the ?ouse of .epresentatives shall be
appointed b! the "peaker also based on proportional representation of the parties or
coalitions therein with at least two *2+ members representing the minorit!.
The @versight Committee shall have the power to promulgate its own rules% to oversee
the implementation of this Act% and to review or revise the implementing rules issued b!
the Anti#Bone! 5aundering Council within thirt! *10+ da!s from the promulgation of the
said rules.
Se1tion '(. (ppropriations Clause. The AB5C shall be provided with an initial
appropriation of Twent!#five million 6hilippine pesos *6hp 2D%000%000.00+ to be drawn
from the national government. Appropriations for the succeeding !ears shall be included
in the Eeneral Appropriations Act.
Se1tion '!. Separability Clause. f an! provision or section of this Act or the
application thereof to an! person or circumstance is held to be invalid% the other
provisions or sections of this Act% and the application of such provision or section to
other persons or circumstances% shall not be affected thereb!.
Se1tion ''. Repealing Clause. All laws% decrees% e4ecutive orders% rules and
regulations or parts thereof% including the relevant provisions of .epublic Act <o. 820D%
as amendedC .epublic Act <o. =22=% as amendedC .epublic Act <o. :/98% as amended
and other similar laws% as are inconsistent with this Act% are hereb! repealed% amended
or modified accordingl!.
Se1tion '3. &ffectivity. This Act shall take effect fifteen *8D+ da!s after its complete
publication in the @fficial Ea$ette or in at least two *2+ national newspapers of general
circulation.
The provisions of this Act shall not appl! to deposits and investments made prior to its
effectivit!.
Approved%
*"gd+
FRAN0LIN +. -RILON
*"gd+
$OSE -E ,ENECIA& $R.
"peaker of the ?ouse of .epresentatives
This Act which is a consolidation of ?ouse -ill <o. 10:1 and "enate -ill <o. 8/2D was
finall! passed b! the ?ouse of .epresentatives and the "enate on "eptember 29% 2008.
*"gd+
OSCAR ). =ARES
"ecretar! of the "enate
*"gd+
ROBERTO P. NA>ARENO
"ecretar! Eeneral
?ouse of .epresentatives
Approved) "eptember 29% 2008
6resident of the 6hilippines
RULES AN- RE)ULATION DREPUBLIC ACT NO. !"(D ANTI8+ONE=
LAUN-ERIN) ACT OF '((!
BATAS PA+BANSA BL). ''
AN ACT PENALI>IN) T*E +A0IN) OR -RA/IN) AN- ISSUANCE OF A C*EC0
/IT*OUT SUFFICIENT FUN-S OR CRE-IT AN- FOR OT*ER PURPOSES.
Se1tion !. Chec2s 0ithout sufficient funds. # An! person who makes or draws and
issues an! check to appl! on account or for value% knowing at the time of issue that he
does not have sufficient funds in or credit with the drawee bank for the pa!ment of such
check in full upon its presentment% which check is subse(uentl! dishonored b! the
drawee bank for insufficienc! of funds or credit or would have been dishonored for the
same reason had not the drawer% without an! valid reason% ordered the bank to stop
pa!ment% shall be punished b! imprisonment of not less than thirt! da!s but not more
than one *8+ !ear or b! a fine of not less than but not more than double the amount of
the check which fine shall in no case e4ceed Two ?undred Thousand 6esos% or both
such fine and imprisonment at the discretion of the court.
The same penalt! shall be imposed upon an! person who% having sufficient funds in or
credit with the drawee bank when he makes or draws and issues a check% shall fail to
keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninet! *90+ da!s from the date appearing thereon% for which
reason it is dishonored b! the drawee bank.
>here the check is drawn b! a corporation% compan! or entit!% the person or persons
who actuall! signed the check in behalf of such drawer shall be liable under this Act.
Se1tion '. &vidence of 2no0ledge of insufficient funds. # The making% drawing and
issuance of a check pa!ment of which is refused b! the drawee because of insufficient
funds in or credit with such bank% when presented within ninet! *90+ da!s from the date
of the check% shall be prima facie evidence of knowledge of such insufficienc! of funds
or credit unless such maker or drawer pa!s the holder thereof the amount due thereon%
or makes arrangements for pa!ment in full b! the drawee of such check within *D+
banking da!s after receiving notice that such check has not been paid b! the drawee.
Se1tion 3. Duty of dra0ee9 rules of evidence. # t shall be the dut! of the drawee of an!
check% when refusing to pa! the same to the holder thereof upon presentment% to cause
to be written% printed% or stamped in plain language thereon% or attached thereto% the
reason for drawee&s dishonor or refusal to pa! the same) 6rovided% That where there
are no sufficient funds in or credit with such drawee bank% such fact shall alwa!s be
e4plicitl! stated in the notice of dishonor or refusal. n all prosecutions under this Act%
the introduction in evidence of an! unpaid and dishonored check% having the drawee&s
refusal to pa! stamped or written thereon or attached thereto% with the reason therefor
as aforesaid% shall be prima facie evidence of the making or issuance of said check% and
the due presentment to the drawee for pa!ment and the dishonor thereof% and that the
same was properl! dishonored for the reason written% stamped or attached b! the
drawee on such dishonored check.
<ot with standing receipt of an order to stop pa!ment% the drawee shall state in the
notice that there were no sufficient funds in or credit with such bank for the pa!ment in
full of such check% if such be the fact.
Se1tion .. Credit construed. # The word "credit" as used herein shall be construed to
mean an arrangement or understanding with the bank for the pa!ment of such check.
Se1tion #. Liability under the Revised Penal Code. # 6rosecution under this Act shall be
without pre'udice to an! liabilit! for violation of an! provision of the .evised 6enal Code.
Se1tion ". Separability clause. # f an! separable provision of this Act be declared
unconstitutional% the remaining provisions shall continue to be in force.
Se1tion %. &ffectivity. # This Act shall take effect fifteen da!s after publication in the
@fficial Ea$ette.
Approved) April 1% 89/9.
Betro Banila
Thirteenth Congress
Se1on4 Regular Session
-egun and held in Betro Banila% on Bonda!% the twent!#fifth da! of Ful!% two thousand
and five.
Repu;li1 A1t No. 3." $une '.& '(("
AN ACT PRO*IBITIN) T*E I+POSITION OF -EAT* PENALT= IN T*E
P*ILIPPINES
Congress assebled)
SECTION !. The imposition of the penalt! of death is hereb! prohibited. Accordingl!%
.epublic Act <o. 7ight Thousand @ne ?undred "event!#"even *..A. <o. :8//+%
otherwise known as the Act Designating Death b! 5ethal n'ection is hereb! repealed.
.epublic Act <o. "even Thousand "i4 ?undred Aift!#<ine *..A. <o. /=D9+% otherwise
known as the Death 6enalt! 5aw% and all other laws% e4ecutive orders and decrees%
insofar as the! impose the death penalt! are hereb! repealed or amended accordingl!.
SEC. '. n lieu of the death penalt!% the following shall be imposed.
*a+ the penalt! of reclusion perpetua% when the law violated makes use of the
nomenclature of the penalties of the .evised 6enal CodeC or
*b+ the penalt! of life imprisonment% when the law violated does not make use of
the nomenclature of the penalties of the .evised 6enal Code.
SEC. 3. 6erson convicted of offenses punished with reclusion perpetua% or whose
sentences will be reduced to reclusion perpetua% b! reason of this Act% shall not be
eligible for parole under Act <o. 28:0% otherwise known as the ndeterminate "entence
5aw% as amended.
SEC. .. The -oard of 6ardons and 6arole shall cause the publication at least one a
week for three consecutive weeks in a newspaper of general circulation of the names of
persons convicted of offenses punished with reclusion perpetua or life imprisonment b!
reason of this Act who are being considered or recommend for commutation or pardonC
Provided! ho0ever% That nothing herein shall limit the power of the 6resident to grant
e4ecutive clemenc! under "ection 89% Article 3 of the Constitutions.
SEC. #. This Act shall take effect immediatel! after its publication in two national
newspapers of general circulation.
Approved%
FRAN0LIN -RILON
$OSE -E ,ENECIA $R.
.epresentatives
This Act which is a consolidation of "enate -ill <o. 22D2 and ?ouse -ill <o. 2:2= was
finall! passed bu the "enate and the ?ouse of .epresentative on Ful! /% 200=.
OSCAR ). =ABES
"ecretar! of "enate
ROBERTO P. NA>ARENO
"ecretar! Eeneral
Approved) Fune 22% 200=
Betro Banila
Thirteenth Congress
-egun and held in Betro Banila% on Bonda!% the twent!#fifth da! of Ful!% two thousand
and five.
Repu;li1 A1t No. 3..
AN ACT ESTABLIS*IN) A CO+PRE*ENSI,E $U,ENILE $USTICE AN- /ELFARE
S=STE+& CREATIN) T*E $U,ENILE $USTICE AN- /ELFARE COUNCIL UN-ER
T*E -EPART+ENT OF $USTICE& APPROPRIATIN) FUN-S T*EREFOR AN- FOR
OT*ER PURPOSES
Congress assebled)
TITLE I
)O,ERNIN) PRINCIPLES
C*APTER !
TITLE& POLIC= AN- -EFINITION OF TER+S
Se1tion !. Short Title and Scope. # This Act shall be known as the D$u:enile $usti1e
an4 /elfare A1t of '((".D t shall cover the different stages involving children at risk
and children in conflict with the law from prevention to rehabilitation and reintegration.
SEC. '. eclaration of State Policy. # The following "tate policies shall be observed at
all times)
*a+ The "tate recogni$es the vital role of children and !outh in nation building and
shall promote and protect their ph!sical% moral% spiritual% intellectual and social
well#being. t shall inculcate in the !outh patriotism and nationalism% and
encourage their involvement in public and civic affairs.
*b+ The "tate shall protect the best interests of the child through measures that
will ensure the observance of international standards of child protection%
especiall! those to which the 6hilippines is a part!. 6roceedings before an!
authorit! shall be conducted in the best interest of the child and in a manner
which allows the child to participate and to e4press himself,herself freel!. The
participation of children in the program and polic! formulation and
implementation related to 'uvenile 'ustice and welfare shall be ensured b! the
concerned government agenc!.
*c+ The "tate likewise recogni$es the right of children to assistance% including
proper care and nutrition% and special protection from all forms of neglect% abuse%
cruelt! and e4ploitation% and other conditions pre'udicial to their development.
*d+ 6ursuant to Article 20 of the ;nited <ations Convention on the .ights of the
Child% the "tate recogni$es the right of ever! child alleged as% accused of%
ad'udged% or recogni$ed as having infringed the penal law to be treated in a
manner consistent with the promotion of the child&s sense of dignit! and worth%
taking into account the child&s age and desirabilit! of promoting his,her
reintegration. >henever appropriate and desirable% the "tate shall adopt
measures for dealing with such children without resorting to 'udicial proceedings%
providing that human rights and legal safeguards are full! respected. t shall
ensure that children are dealt with in a manner appropriate to their well#being b!
providing for% among others% a variet! of disposition measures such as care%
guidance and supervision orders% counseling% probation% foster care% education
and vocational training programs and other alternatives to institutional care.
*e+ The administration of the 'uvenile 'ustice and welfare s!stem shall take into
consideration the cultural and religious perspectives of the Ailipino people%
particularl! the indigenous peoples and the Buslims% consistent with the
protection of the rights of children belonging to these communities.
*f+ The "tate shall appl! the principles of restorative 'ustice in all its laws% policies
and programs applicable to children in conflict with the law.
SEC. 3. !i"eral Construction of this Act. # n case of doubt% the interpretation of an!
of the provisions of this Act% including its implementing rules and regulations *..s+%
shall be construed liberall! in favor of the child in conflict with the law.
SEC. .. efinition of Terms. # The following terms as used in this Act shall be defined
as follows)
*a+ "-ail" refers to the securit! given for the release of the person in custod! of
the law% furnished b! him,her or a bondsman% to guarantee his,her appearance
before an! court. -ail ma! be given in the form of corporate securit!% propert!
bond% cash deposit% or recogni$ance.
*b+ "-est nterest of the Child" refers to the totalit! of the circumstances and
conditions which are most congenial to the survival% protection and feelings of
securit! of the child and most encouraging to the child&s ph!sical% ps!chological
and emotional development. t also means the least detrimental available
alternative for safeguarding the growth and development of the child.
*e+ "Child" refers to a person under the age of eighteen *8:+ !ears.
*d+ "Child at .isk" refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal% famil! and social
circumstances% such as% but not limited to% the following)
*8+ being abused b! an! person through se4ual% ph!sical% ps!chological%
mental% economic or an! other means and the parents or guardian refuse%
are unwilling% or unable to provide protection for the childC
*2+ being e4ploited including se4uall! or economicall!C
*1+ being abandoned or neglected% and after diligent search and in(uir!%
the parent or guardian cannot be foundC
*2+ coming from a d!sfunctional or broken famil! or without a parent or
guardianC
*D+ being out of schoolC
*=+ being a streetchildC
*/+ being a member of a gangC
*:+ living in a communit! with a high level of criminalit! or drug abuseC and
*9+ living in situations of armed conflict.
*e+ "Child in Conflict with the 5aw" refers to a child who is alleged as% accused of%
or ad'udged as% having committed an offense under 6hilippine laws.
*f+ "Communit!#based 6rograms" refers to the programs provided in a communit!
setting developed for purposes of intervention and diversion% as well as
rehabilitation of the child in conflict with the law% for reintegration into his,her
famil! and,or communit!.
*g+ "Court" refers to a famil! court or% in places where there are no famil! courts%
an! regional trial court.
*h+ "Deprivation of 5ibert!" refers to an! form of detention or imprisonment% or to
the placement of a child in conflict with the law in a public or private custodial
setting% from which the child in conflict with the law is not permitted to leave at will
b! order of an! 'udicial or administrative authorit!.
*i+ "Diversion" refers to an alternative% child#appropriate process of determining
the responsibilit! and treatment of a child in conflict with the law on the basis of
his,her social% cultural% economic% ps!chological or educational background
without resorting to formal court proceedings.
*'+ "Diversion 6rogram" refers to the program that the child in conflict with the law
is re(uired to undergo after he,she is found responsible for an offense without
resorting to formal court proceedings.
*k+ "nitial Contact >ith#the Child" refers to the apprehension or taking into
custod! of a child in conflict with the law b! law enforcement officers or private
citi$ens. t includes the time when the child alleged to be in conflict with the law
receives a subpoena under "ection 1*b+ of .ule 882 of the .evised .ules of
Criminal 6rocedure or summons under "ection =*a+ or "ection 9*b+ of the same
.ule in cases that do not re(uire preliminar! investigation or where there is no
necessit! to place the child alleged to be in conflict with the law under immediate
custod!.
*+ "ntervention" refers to a series of activities which are designed to address
issues that caused the child to commit an offense. t ma! take the form of an
individuali$ed treatment program which ma! include counseling% skills training%
education% and other activities that will enhance his,her ps!chological% emotional
and ps!cho#social well#being.
*m+ "Fuvenile Fustice and >elfare "!stem" refers to a s!stem dealing with
children at risk and children in conflict with the law% which provides child#
appropriate proceedings% including programs and services for prevention%
diversion% rehabilitation% re#integration and aftercare to ensure their normal
growth and development.
*n+ "5aw 7nforcement @fficer" refers to the person in authorit! or his,her agent as
defined in Article 8D2 of the .evised 6enal Code% including a baranga! tanod.
*0+ "@ffense" refers to an! act or omission whether punishable under special
laws or the .evised 6enal Code% as amended.
*p+ ".ecogni$ance" refers to an undertaking in lieu of a bond assumed b! a
parent or custodian who shall be responsible for the appearance in court of the
child in conflict with the law% when re(uired.
*(+ ".estorative Fustice" refers to a principle which re(uires a process of
resolving conflicts with the ma4imum involvement of the victim% the offender and
the communit!. t seeks to obtain reparation for the victimC reconciliation of the
offender% the offended and the communit!C and reassurance to the offender that
he,she can be reintegrated into societ!. t also enhances public safet! b!
activating the offender% the victim and the communit! in prevention strategies.
*r+ ""tatus @ffenses" refers to offenses which discriminate onl! against a child%
while an adult does not suffer an! penalt! for committing similar acts. These shall
include curfew violationsC truanc!% parental disobedience and the like.
*s+ "Houth Detention ?ome" refers to a 22#hour child#caring institution managed
b! accredited local government units *5E;s+ and licensed and,or accredited
nongovernment organi$ations *<E@s+ providing short#term residential care for
children in conflict with the law who are awaiting court disposition of their cases
or transfer to other agencies or 'urisdiction.
*t+ "Houth .ehabilitation Center" refers to a 22#hour residential care facilit!
managed b! the Department of "ocial >elfare and Development *D">D+%
5E;s% licensed and,or accredited <E@s monitored b! the D">D% which
provides care% treatment and rehabilitation services for children in conflict with
the law. .ehabilitation services are provided under the guidance of a trained staff
where residents are cared for under a structured therapeutic environment with
the end view of reintegrating them into their families and communities as sociall!
functioning individuals. 6h!sical mobilit! of residents of said centers ma! be
restricted pending court disposition of the charges against them.
*u+ "3ictimless Crimes" refers to offenses where there is no private offended
part!.
C*APTER '
PRINCIPLES IN T*E A-+INISTRATION OF $U,ENILE $USTICE AN- /ELFARE
SEC. #. #ights of the Child in Conflict with the !aw. # 7ver! child in conflict with the
law shall have the following rights% including but not limited to)
*a+ the right not to be sub'ected to torture or other cruel% inhuman or degrading
treatment or punishmentC
*b+ the right not to be imposed a sentence of capital punishment or life
imprisonment% without the possibilit! of releaseC
*c+ the right not to be deprived% unlawfull! or arbitraril!% of his,her libert!C
detention or imprisonment being a disposition of last resort% and which shall be
for the shortest appropriate period of timeC
*d+ the right to be treated with humanit! and respect% for the inherent dignit! of
the person% and in a manner which takes into account the needs of a person of
his,her age. n particular% a child deprived of libert! shall be separated from adult
offenders at all times. <o child shall be detained together with adult offenders.
?e,"he shall be conve!ed separatel! to or from court. ?e,"he shall await
hearing of his,her own case in a separate holding area. A child in conflict with the
law shall have the right to maintain contact with his,her famil! through
correspondence and visits% save in e4ceptional circumstancesC
*e+ the right to prompt access to legal and other appropriate assistance% as well
as the right to challenge the legalit! of the deprivation of his,her libert! before a
court or other competent% independent and impartial authorit!% and to a prompt
decision on such actionC
*f+ the right to bail and recogni$ance% in appropriate casesC
*g+ the right to testif! as a witness in hid,her own behalf under the rule on
e4amination of a child witnessC
*h+ the right to have his,her privac! respected full! at all stages of the
proceedingsC
*i+ the right to diversion if he,she is (ualified and voluntaril! avails of the sameC
*'+ the right to be imposed a 'udgment in proportion to the gravit! of the offense
where his,her best interest% the rights of the victim and the needs of societ! are
all taken into consideration b! the court% under the principle of restorative 'usticeC
*k+ the right to have restrictions on his,her personal libert! limited to the
minimum% and where discretion is given b! law to the 'udge to determine whether
to impose fine or imprisonment% the imposition of fine being preferred as the
more appropriate penalt!C
*+ in general% the right to automatic suspension of sentenceC
*m+ the right to probation as an alternative to imprisonment% if (ualified under the
6robation 5awC
*n+ the right to be free from liabilit! for per'ur!% concealment or misrepresentationC
and
*o+ other rights as provided for under e4isting laws% rules and regulations.
The "tate further adopts the provisions of the ;nited <ations "tandard Binimum .ules
for the Administration of Fuvenile Fustice or "-ei'ing .ules"% ;nited <ations Euidelines
for the 6revention of Fuvenile Delin(uenc! or the ".i!adh Euidelines"% and the ;nited
<ations .ules for the 6rotection of Fuveniles Deprived of 5ibert!.
SEC. ". Minimum Age of Criminal #esponsi"ility. # A child fifteen *8D+ !ears of age
or under at the time of the commission of the offense shall be e4empt from criminal
liabilit!. ?owever% the child shall be sub'ected to an intervention program pursuant to
"ection 20 of this Act.
A child above fifteen *8D+ !ears but below eighteen *8:+ !ears of age shall likewise be
e4empt from criminal liabilit! and be sub'ected to an intervention program% unless
he,she has acted with discernment% in which case% such child shall be sub'ected to the
appropriate proceedings in accordance with this Act.
The e4emption from criminal liabilit! herein established does not include e4emption
from civil liabilit!% which shall be enforced in accordance with e4isting laws.
SEC. %. etermination ofAge. # The child in conflict with the law shall en'o! the
presumption of minorit!. ?e,"he shall en'o! all the rights of a child in conflict with the
law until he,she is proven to be eighteen *8:+ !ears old or older. The age of a child ma!
be determined from the child&s birth certificate% baptismal certificate or an! other
pertinent documents. n the absence of these documents% age ma! be based on
information from the child himself,herself% testimonies of other persons% the ph!sical
appearance of the child and other relevant evidence. n case of doubt as to the age of
the child% it shall be resolved in his,her favor.
An! person contesting the age of the child in conflict with the law prior to the filing of the
information in an! appropriate court ma! file a case in a summar! proceeding for the
determination of age before the Aamil! Court which shall decide the case within twent!#
four *22+ hours from receipt of the appropriate pleadings of all interested parties.
f a case has been fiied against the child in conflict with the law and is pending in the
appropriate court% the person shall file a motion to determine the age of the child in the
same court where the case is pending. 6ending hearing on the said motion%
proceedings on the main case shall be suspended.
n all proceedings% law enforcement officers% prosecutors% 'udges and other government
officials concerned shall e4ert all efforts at determining the age of the child in conflict
with the law.
TITLE II
STRUCTURES IN T*E A-+INISTRATION OF $U,ENILE $USTICE AN- /ELFARE
SEC. 5. $uvenile $ustice and %elfare Council &$$%C'. # A Fuvenile Fustice and
>elfare Council *FF>C+ is hereb! created and attached to the Department of Fustice
and placed under its administrative supervision. The FF>C shall be chaired b! an
undersecretar! of the Department of "ocial >elfare and Development. t shall ensure
the effective implementation of this Act and coordination among the following agencies)
*a+ Council for the >elfare of Children *C>C+C
*b+ Department of 7ducation *Dep7d+C
*c+ Department of the nterior and 5ocal Eovernment *D5E+C
*d+ 6ublic Attorne!&s @ffice *6A@+C
*e+ -ureau of Corrections *-;C@.+C
*f+ 6arole and 6robation Administration *66A+
*g+ <ational -ureau of nvestigation *<-+C
*h+ 6hilippine <ational 6olice *6<6+C.
*i+ -ureau of Fail Banagement and 6enolog! *-FB6+C
*i+ Commission on ?uman .ights *C?.+C
*k+ Technical 7ducation and "kills Development Authorit! *T7"DA+C
*l+ <ational Houth Commission *<HC+C and
*m+ @ther institutions focused on 'uvenile 'ustice and intervention programs.
The FF>C shall be composed of representatives% whose ranks shall not be lower than
director% to be designated b! the concerned heads of the following departments or
agencies)
*a+ Department of Fustice *D@F+C
*b+ Department of "ocial >elfare and Development *D">D+C
*c+ Council for the >elfare of Children *C>C+
*d+ Department of 7ducation *Dep7d+C
*e+ Department of the nterior and 5ocal Eovernment *D5E+
*f+ Commission on ?uman .ights *C?.+C
*g+ <ational Houth Commission *<HC+C and
*h+ Two *2+ representatives from <E@s% one to be designated b! the "ecretar! of
Fustice and the other to be designated b! the "ecretar! of "ocial >elfare and
Development.
The FF>C shall convene within fifteen *8D+ da!s from the effectivit! of this Act. The
"ecretar! of Fustice and the "ecretar! of "ocial >elfare and Development shall
determine the organi$ational structure and staffing pattern of the FF>C.
The FF>C shall coordinate with the @ffice of the Court Administrator and the 6hilippine
Fudicial Academ! to ensure the reali$ation of its mandate and the proper discharge of
its duties and functions% as herein provided.
SEC. . uties and (unctions of the $$%C. # The FF>C shall have the following
duties and functions)
*a+ To oversee the implementation of this ActC
*b+ To advise the 6resident on all matters and policies relating to 'uvenile 'ustice
and welfareC
*c+ To assist the concerned agencies in the review and redrafting of e4isting
policies,regulations or in the formulation of new ones in line with the provisions of
this ActC
*d+ To periodicall! develop a comprehensive 1 to D#!ear national 'uvenile
intervention program% with the participation of government agencies concerned%
<E@s and !outh organi$ationsC
*e+ To coordinate the implementation of the 'uvenile intervention programs and
activities b! national government agencies and other activities which ma! have
an important bearing on the success of the entire national 'uvenile intervention
program. All programs relating to 'uvenile 'ustice and welfare shall be adopted in
consultation with the FF>CC
*f+ To formulate and recommend policies and strategies in consultation with
children for the prevention of 'uvenile delin(uenc! and the administration of
'ustice% as well as for the treatment and rehabilitation of the children in conflict
with the lawC
*g+ To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to 'uvenile 'ustice and welfare%
such as but not limited to)
*8+ the performance and results achieved b! 'uvenile intervention
programs and b! activities of the local government units and other
government agenciesC
*2+ the periodic trends% problems and causes of 'uvenile delin(uenc! and
crimesC and
*1+ the particular needs of children in conflict with the law in custod!.
The data gathered shall be used b! the FF>C in the improvement of the
administration of 'uvenile 'ustice and welfare s!stem.
The FF>C shall set up a mechanism to ensure that children are involved in
research and polic! development.
*h+ Through dul! designated persons and with the assistance of the agencies
provided in the preceding section% to conduct regular inspections in detention and
rehabilitation facilities and to undertake spot inspections on their own initiative in
order to check compliance with the standards provided herein and to make the
necessar! recommendations to appropriate agenciesC
*i+ To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the 'uvenile 'ustice and welfare s!stem
and the 'uvenile intervention programC
*'+ To submit an annual report to the 6resident on the implementation of this ActC
and
*k+ To perform such other functions as ma! be necessar! to implement the
provisions of this Act.
SEC. !(. Policies and Procedures on $uvenile $ustice and %elfare. # All
government agencies enumerated in "ection : shall% with the assistance of the FF>C
and within one *8+ !ear from the effectivit! of this Act% draft policies and procedures
consistent with the standards set in the law. These policies and procedures shall be
modified accordingl! in consultation with the FF>C upon the completion of the national
'uvenile intervention program as provided under "ection 9 *d+.
SEC. !!. Child #ights Center &C#C'. # The e4isting Child .ights Center of the
Commission on ?uman .ights shall ensure that the status% rights and interests of
children are upheld in accordance with the Constitution and international instruments on
human rights. The C?. shall strengthen the monitoring of government compliance of all
treat! obligations% including the timel! and regular submission of reports before the
treat! bodies% as well as the implementation and dissemination of recommendations
and conclusions b! government agencies as well as <E@s and civil societ!.
TITLE III
PRE,ENTION OF $U,ENILE -ELINEUENC=
C*APTER !
T*E ROLE OF T*E -IFFERENT SECTORS
SEC. !'. The (amily. # The famil! shall be responsible for the primar! nurturing and
rearing of children which is critical in delin(uenc! prevention. As far as practicable and
in accordance with the procedures of this Act% a child in conflict with the law shall be
maintained in his,her famil!.
SEC. !3. The )ducational System. # 7ducational institutions shall work together with
families% communit! organi$ations and agencies in the prevention of 'uvenile
delin(uenc! and in the rehabilitation and reintegration of child in conflict with the law.
"chools shall provide ade(uate% necessar! and individuali$ed educational schemes for
children manifesting difficult behavior and children in conflict with the law. n cases
where children in conflict with the law are taken into custod! or detained in rehabilitation
centers% the! should be provided the opportunit! to continue learning under an
alternative learning s!stem with basic literac! program or non# formal education
accreditation e(uivalenc! s!stem.
SEC. !.. The #ole of the Mass Media. # The mass media shall pla! an active role in
the promotion of child rights% and delin(uenc! prevention b! rela!ing consistent
messages through a balanced approach. Bedia practitioners shall% therefore% have the
dut! to maintain the highest critical and professional standards in reporting and covering
cases of children in conflict with the law. n all publicit! concerning children% the best
interest of the child should be the primordial and paramount concern. An! undue%
inappropriate and sensationali$ed publicit! of an! case involving a child in conflict with
the law is hereb! declared a violation of the child&s rights.
SEC. !#. )sta"lishment and Strengthening of !ocal Councils for the Protection of
Children. # 5ocal Councils for the 6rotection of Children *5C6C+ shall be established in
all levels of local government% and where the! have alread! been established% the! shall
be strengthened within one *8+ !ear from the effectivit! of this Act. Bembership in the
5C6C shall be chosen from among the responsible members of the communit!%
including a representative from the !outh sector% as well as representatives from
government and private agencies concerned with the welfare of children.
The local council shall serve as the primar! agenc! to coordinate with and assist the
5E; concerned for the adoption of a comprehensive plan on delin(uenc! prevention%
and to oversee its proper implementation.
@ne percent *8I+ of the internal revenue allotment of baranga!s% municipalities and
cities shall be allocated for the strengthening and implementation of the programs of the
5C6C) 6rovided% That the disbursement of the fund shall be made b! the 5E;
concerned.
SEC. !". Appointment of !ocal Social %elfare and evelopment Officer. # All 5E;s
shall appoint a dul! licensed social worker as its local social welfare and development
officer tasked to assist children in conflict with the law.
SEC. !%. The Sangguniang *a"ataan. # The "angguniang Jabataan *"J+ shall
coordinate with the 5C6C in the formulation and implementation of 'uvenile intervention
and diversion programs in the communit!.
C*APTER '
CO+PRE*ENSI,E $U,ENILE INTER,ENTION PRO)RA+
SEC. !5. evelopment of a Comprehensive $uvenile Intervention Program. # A
Comprehensive 'uvenile intervention program covering at least a 1#!ear period shall be
instituted in 5E;s from the baranga! to the provincial level.
The 5E;s shall set aside an amount necessar! to implement their respective 'uvenile
intervention programs in their annual budget.
The 5E;s% in coordination with the 5C6C% shall call on all sectors concerned%
particularl! the child#focused institutions% <E@s% people&s organi$ations% educational
institutions and government agencies involved in delin(uenc! prevention to participate
in the planning process and implementation of 'uvenile intervention programs. "uch
programs shall be implemented consistent with the national program formulated and
designed b! the FF>C. The implementation of the comprehensive 'uvenile intervention
program shall be reviewed and assessed annuall! b! the 5E;s in coordination with the
5C6C. .esults of the assessment shall be submitted b! the provincial and cit!
governments to the FF>C not later than Barch 10 of ever! !ear.
SEC. !. Community+"ased Programs on $uvenile $ustice and %elfare. #
Communit!#based programs on 'uvenile 'ustice and welfare shall be instituted b! the
5E;s through the 5C6C% school% !outh organi$ations and other concerned agencies.
The 5E;s shall provide communit!#based services which respond to the special needs%
problems% interests and concerns of children and which offer appropriate counseling
and guidance to them and their families. These programs shall consist of three levels)
*a+ 6rimar! intervention includes general measures to promote social 'ustice and
e(ual opportunit!% which tackle perceived root causes of offendingC
*b+ "econdar! intervention includes measures to assist children at riskC and
*c+ Tertiar! intervention includes measures to avoid unnecessar! contact with the
formal 'ustice s!stem and other measures to prevent re#offending.
TITLE I,
TREAT+ENT OF C*IL-REN BELO/ T*E A)E OF CRI+INAL RESPONSIBILIT=
SEC. '(. Children ,elow the Age of Criminal #esponsi"ility. # f it has been
determined that the child taken into custod! is fifteen *8D+ !ears old or below% the
authorit! which will have an initial contact with the child has the dut! to immediatel!
release the child to the custod! of his,her parents or guardian% or in the absence
thereof% the child&s nearest relative. "aid authorit! shall give notice to the local social
welfare and development officer who will determine the appropriate programs in
consultation with the child and to the person having custod! over the child. f the
parents% guardians or nearest relatives cannot be located% or if the! refuse to take
custod!% the child ma! be released to an! of the following) a dul! registered
nongovernmental or religious organi$ationC a baranga! official or a member of the
-aranga! Council for the 6rotection of Children *-C6C+C a local social welfare and
development officerC or when and where appropriate% the D">D. f the child referred to
herein has been found b! the 5ocal "ocial >elfare and Development @ffice to be
abandoned% neglected or abused b! his parents% or in the event that the parents will not
compl! with the prevention program% the proper petition for involuntar! commitment
shall be filed b! the D">D or the 5ocal "ocial >elfare and Development @ffice
pursuant to 6residential Decree <o. =01% otherwise %known as "The Child and Houth
>elfare Code".
TITLE ,
$U,ENILE $USTICE AN- /ELFARE S=STE+
C*APTER I
INITIAL CONTACT /IT* T*E C*IL-
SEC. '!. Procedure for Ta-ing the Child into Custody. # Arom the moment a child is
taken into custod!% the law enforcement officer shall)
*a+ 74plain to the child in simple language and in a dialect that he,she can
understand wh! he,she is being placed under custod! and the offense that
he,she allegedl! committedC
*b+ nform the child of the reason for such custod! and advise the child of his,her
constitutional rights in a language or dialect understood b! him,herC
*e+ 6roperl! identif! himself,herself and present proper identification to the childC
*d+ .efrain from using vulgar or profane words and from se4uall! harassing or
abusing% or making se4ual advances on the child in conflict with the lawC
*e+ Avoid displa!ing or using an! firearm% weapon% handcuffs or other instruments
of force or restraint% unless absolutel! necessar! and onl! after all other methods
of control have been e4hausted and have failedC
*f+ .efrain from sub'ecting the child in conflict with the law to greater restraint
than is necessar! for his,her apprehensionC
*g+ Avoid violence or unnecessar! forceC
*h+ Determine the age of the child pursuant to "ection / of this ActC
*i+ mmediatel! but not later than eight *:+ hours after apprehension% turn over
custod! of the child to the "ocial >elfare and Development @ffice or other
accredited <E@s% and notif! the child&s apprehension. The social welfare and
development officer shall e4plain to the child and the child&s parents,guardians
the conse(uences of the child&s act with a view towards counseling and
rehabilitation% diversion from the criminal 'ustice s!stem% and reparation% if
appropriateC
*'+ Take the child immediatel! to the proper medical and health officer for a
thorough ph!sical and mental e4amination. The e4amination results shall be kept
confidential unless otherwise ordered b! the Aamil! Court. >henever the medical
treatment is re(uired% steps shall be immediatel! undertaken to provide the
sameC
*k+ 7nsure that should detention of the child in conflict with the law be necessar!%
the child shall be secured in (uarters separate from that of the opposite se4 and
adult offendersC
*l+ .ecord the following in the initial investigation)
8. >hether handcuffs or other instruments of restraint were used% and if
so% the reason for suchC
2. That the parents or guardian of a child% the D">D% and the 6A0 have
been informed of the apprehension and the details thereofC and
1. The e4haustion of measures to determine the age of a child and the
precise details of the ph!sical and medical e4amination or the failure to
submit a child to such e4aminationC and
*m+ 7nsure that all statements signed b! the child during investigation shall be
witnessed b! the child&s parents or guardian% social worker% or legal counsel in
attendance who shall affi4 his,her signature to the said statement.
A child in conflict with the law shall onl! be searched b! a law enforcement officer of the
same gender and shall not be locked up in a detention cell.
SEC. ''. uties uring Initial Investigation. # The law enforcement officer shall% in
his,her investigation% determine where the case involving the child in conflict with the
law should be referred.
The taking of the statement of the child shall be conducted in the presence of the
following) *8+ child&s counsel of choice or in the absence thereof% a law!er from the
6ublic Attorne!&s @fficeC *2+ the child&s parents% guardian% or nearest relative% as the
case ma! beC and *1+ the local social welfare and development officer. n the absence of
the child&s parents% guardian% or nearest relative% and the local social welfare and
development officer% the investigation shall be conducted in the presence of a
representative of an <E@% religious group% or member of the -C6C.
After the initial investigation% the local social worker conducting the same ma! do either
of the following)
*a+ 6roceed in accordance with "ection 20 if the child is fifteen *8D+ !ears or
below or above fifteen *8D+ but below eighteen *8:+ !ears old% who acted without
discernmentC and
*b+ f the child is above fifteen *8D+ !ears old but below eighteen *8:+ and who
acted with discernment% proceed to diversion under the following chapter.
C*APTER '
-I,ERSION
SEC. '3. System of iversion. # Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings sub'ect to the conditions
herein provided)
*a+ >here the imposable penalt! for the crime committee is not more than si4 *=+
!ears imprisonment% the law enforcement officer or 6unong -aranga! with the
assistance of the local social welfare and development officer or other members
of the 5C6C shall conduct mediation% famil! conferencing and conciliation and%
where appropriate% adopt indigenous modes of conflict resolution in accordance
with the best interest of the child with a view to accomplishing the ob'ectives of
restorative 'ustice and the formulation of a diversion program. The child and
his,her famil! shall be present in these activities.
*b+ n victimless crimes where the imposable penalt! is not more than si4 *=+
!ears imprisonment% the local social welfare and development officer shall meet
with the child and his,her parents or guardians for the development of the
appropriate diversion and rehabilitation program% in coordination with the -C6CC
*c+ >here the imposable penalt! for the crime committed e4ceeds si4 *=+ !ears
imprisonment% diversion measures ma! be resorted to onl! b! the court.
SEC. '.. Stages %here iversion May "e Conducted. # Diversion ma! be conducted
at the Jatarungang 6ambaranga!% the police investigation or the in(uest or preliminar!
investigation stage and at all 8evels and phases of the proceedings including 'udicial
level.
SEC. '#. Conferencing. Mediation and Conciliation. # A child in conflict with law ma!
undergo conferencing% mediation or conciliation outside the criminal 'ustice s!stem or
prior to his entr! into said s!stem. A contract of diversion ma! be entered into during
such conferencing% mediation or conciliation proceedings.
SEC. '". Contract of iversion. # f during the conferencing% mediation or conciliation%
the child voluntaril! admits the commission of the act% a diversion program shall be
developed when appropriate and desirable as determined under "ection 10. "uch
admission shall not be used against the child in an! subse(uent 'udicial% (uasi#'udicial
or administrative proceedings. The diversion program shall be effective and binding if
accepted b! the parties concerned. The acceptance shall be in writing and signed b!
the parties concerned and the appropriate authorities. The local social welfare and
development officer shall supervise the implementation of the diversion program. The
diversion proceedings shall be completed within fort!#five *2D+ da!s. The period of
prescription of the offense shall be suspended until the completion of the diversion
proceedings but not to e4ceed fort!#five *2D+ da!s.
The child shall present himself,herself to the competent authorities that imposed the
diversion program at least once a month for reporting and evaluation of the
effectiveness of the program.
Aailure to compl! with the terms and conditions of the contract of diversion% as certified
b! the local social welfare and development officer% shall give the offended part! the
option to institute the appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivit! of the
diversion program% but not e4ceeding a period of two *2+ !ears.
SEC. '%. uty of the Punong ,arangay %hen There is /o iversion. # f the offense
does not fall under "ection 21*a+ and *b+% or if the child% his,her parents or guardian
does not consent to a diversion% the 6unong -aranga! handling the case shall% within
three *1+ da!s from determination of the absence of 'urisdiction over the case or
termination of the diversion proceedings% as the case ma! be% forward the records of the
case of the child to the law enforcement officer% prosecutor or the appropriate court% as
the case ma! be. ;pon the issuance of the corresponding document% certif!ing to the
fact that no agreement has been reached b! the parties% the case shall be filed
according to the regular process.
SEC. '5. uty of the !aw )nforcement Officer %hen There is /o iversion. # f the
offense does not fall under "ection 21*a+ and *b+% or if the child% his,her parents or
guardian does not consent to a diversion% the >omen and Children 6rotection Desk of
the 6<6% or other law enforcement officer handling the case of the child under custod!%
to the prosecutor or 'udge concerned for the conduct of in(uest and,or preliminar!
investigation to determine whether or not the child should remain under custod! and
correspondingl! charged in court. The document transmitting said records shall displa!
the word "C?5D" in bold letters.
SEC. '. (actors in etermining iversion Program. # n determining whether
diversion is appropriate and desirable% the following factors shall be taken into
consideration)
*a+ The nature and circumstances of the offense chargedC
*b+ The fre(uenc! and the severit! of the actC
*c+ The circumstances of the child *e.g. age% maturit!% intelligence% etc.+C
*d+ The influence of the famil! and environment on the growth of the childC
*e+ The reparation of in'ur! to the victimC
*f+ The weight of the evidence against the childC
*g+ The safet! of the communit!C and
*h+ The best interest of the child.
SEC. 3(. (ormulation of the iversion Program. # n formulating a diversion program%
the individual characteristics and the peculiar circumstances of the child in conflict with
the law shall be used to formulate an individuali$ed treatment.
The following factors shall be considered in formulating a diversion program for the
child)
*a+ The child&s feelings of remorse for the offense he,she committedC
*b+ The parents& or legal guardians& abilit! to guide and supervise the childC
*c+ The victim&s view about the propriet! of the measures to be imposedC and
*d+ The availabilit! of communit!#based programs for rehabilitation and
reintegration of the child.
SEC. 3!. *inds of iversion Programs. # The diversion program shall include
ade(uate socio#cultural and ps!chological responses and services for the child. At the
different stages where diversion ma! be resorted to% the following diversion programs
ma! be agreed upon% such as% but not limited to)
*a+ At the level of the 6unong -aranga!)
*8+ .estitution of propert!C
*2+ .eparation of the damage causedC
*1+ ndemnification for conse(uential damagesC
*2+ >ritten or oral apolog!C
*D+ Care% guidance and supervision ordersC
*=+ Counseling for the child in conflict with the law and the child&s famil!C
*/+Attendance in trainings% seminars and lectures on)
*i+ anger management skillsC
*ii+ problem solving and,or conflict resolution skillsC
*iii+ values formationC and
*iv+ other skills which will aid the child in dealing with situations
which can lead to repetition of the offenseC
*:+ 6articipation in available communit!#based programs% including
communit! serviceC or
*9+ 6articipation in education% vocation and life skills programs.
*b+ At the level of the law enforcement officer and the prosecutor)
*8+ Diversion programs specified under paragraphs *a+*8+ to *a+*9+ hereinC
and
*2+ Confiscation and forfeiture of the proceeds or instruments of the crimeC
*c+ At the level of the appropriate court)
*8+ Diversion programs specified under paragraphs*a+and *b+ aboveC
*2+ >ritten or oral reprimand or citationC
*1+ Aine)
*2+ 6a!ment of the cost of the proceedingsC or
*D+ nstitutional care and custod!.
C*APTER 3
PROSECUTION
SEC. 3'. uty of the Prosecutor0s Office. # There shall be a speciall! trained
prosecutor to conduct in(uest% preliminar! investigation and prosecution of cases
involving a child in conflict with the law. f there is an allegation of torture or ill#treatment
of a child in conflict with the law during arrest or detention% it shall be the dut! of the
prosecutor to investigate the same.
SEC. 33. Preliminary Investigation and (iling of Information. # The prosecutor shall
conduct a preliminar! investigation in the following instances) *a+ when the child in
conflict with the law does not (ualif! for diversion) *b+ when the child% his,her parents or
guardian does not agree to diversion as specified in "ections 2/ and 2:C and *c+ when
considering the assessment and recommendation of the social worker% the prosecutor
determines that diversion is not appropriate for the child in conflict with the law.
;pon serving the subpoena and the affidavit of complaint% the prosecutor shall notif! the
6ublic Attorne!&s @ffice of such service% as well as the personal information% and place
of detention of the child in conflict with the law.
;pon determination of probable cause b! the prosecutor% the information against the
child shall be filed before the Aamil! Court within fort!#five *2D+ da!s from the start of the
preliminar! investigation.
C*APTER .
COURT PROCEE-IN)S
SEC. 3.. ,ail. # Aor purposes of recommending the amount of bail% the privileged
mitigating circumstance of minorit! shall be considered.
SEC. 3#. #elease on #ecogni1ance. # >here a child is detained% the court shall order)
*a+ the release of the minor on recogni$ance to his,her parents and other suitable
personC
*b+ the release of the child in conflict with the law on bailC or
*c+ the transfer of the minor to a !outh detention home,!outh rehabilitation center.
The court shall not order the detention of a child in a 'ail pending trial or hearing of
his,her case.
SEC. 3". etention of the Child Pending Trial. # Children detained pending trial ma!
be released on bail or recogni$ance as provided for under "ections 12 and 1D under
this Act. n all other cases and whenever possible% detention pending trial ma! be
replaced b! alternative measures% such as close supervision% intensive care or
placement with a famil! or in an educational setting or home. nstitutionali$ation or
detention of the child pending trial shall be used onl! as a measure of last resort and for
the shortest possible period of time.
>henever detention is necessar!% a child will alwa!s be detained in !outh detention
homes established b! local governments% pursuant to "ection : of the Aamil! Courts
Act% in the cit! or municipalit! where the child resides.
n the absence of a !outh detention home% the child in conflict with the law ma! be
committed to the care of the D">D or a local rehabilitation center recogni$ed b! the
government in the province% cit! or municipalit! within the 'urisdiction of the court. The
center or agenc! concerned shall be responsible for the child&s appearance in court
whenever re(uired.
SEC. 3%. iversion Measures. # >here the ma4imum penalt! imposed b! law for the
offense with which the child in conflict with the law is charged is imprisonment of not
more than twelve *82+ !ears% regardless of the fine or fine alone regardless of the
amount% and before arraignment of the child in conflict with the law% the court shall
determine whether or not diversion is appropriate.
SEC. 35. Automatic Suspension of Sentence. # @nce the child who is under eighteen
*8:+ !ears of age at the time of the commission of the offense is found guilt! of the
offense charged% the court shall determine and ascertain an! civil liabilit! which ma!
have resulted from the offense committed. ?owever% instead of pronouncing the
'udgment of conviction% the court shall place the child in conflict with the law under
suspended sentence% without need of application) Provided% ho0ever% That suspension
of sentence shall still be applied even if the 'uvenile is alread! eighteen !ears *8:+ of
age or more at the time of the pronouncement of his,her guilt.
;pon suspension of sentence and after considering the various chcumstances of the
child% the court shall impose the appropriate disposition measures as provided in the
"upreme Court .ule on Fuveniles in Conflict with the 5aw.
SEC. 3. ischarge of the Child in Conflict with the !aw. # ;pon the
recommendation of the social worker who has custod! of the child% the court shall
dismiss the case against the child whose sentence has been suspended and against
whom disposition measures have been issued% and shall order the final discharge of the
child if it finds that the ob'ective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liabilit!
resulting from the commission of the offense% which shall be enforced in accordance
with law.
SEC. .(. #eturn of the Child in Conflict with the !aw to Court. # f the court finds
that the ob'ective of the disposition measures imposed upon the child in conflict with the
law have not been fulfilled% or if the child in conflict with the law has willfull! failed to
compl! with the conditions of his,her disposition or rehabilitation program% the child in
conflict with the law shall be brought before the court for e4ecution of 'udgment.
f said child in conflict with the law has reached eighteen *8:+ !ears of age while under
suspended sentence% the court shall determine whether to discharge the child in
accordance with this Act% to order e4ecution of sentence% or to e4tend the suspended
sentence for a certain specified period or until the child reaches the ma4imum age of
twent!#one *28+ !ears.
SEC. .!. Credit in Service of Sentence. # The child in conflict with the law shall be
credited in the services of his,her sentence with the full time spent in actual commitment
and detention under this Act.
SEC. .'. Pro"ation as an Alternative to Imprisonment. # The court ma!% after it shall
have convicted and sentenced a child in conflict with the law% and upon application at
an! time% place the child on probation in lieu of service of his,her sentence taking into
account the best interest of the child. Aor this purpose% "ection 2 of 6residential Decree
<o. 9=:% otherwise known as the "6robation 5aw of 89/="% is hereb! amended
accordingl!.
C*APTER #
CONFI-ENTIALIT= OF RECOR-S AN- PROCEE-IN)S
SEC. .3. Confedentiality of #ecords and Proceedings. # All records and proceedings
involving children in conflict with the law from initial contact until final disposition of the
case shall be considered privileged and confidential. The public shall be e4cluded
during the proceedings and the records shall not be disclosed directl! or indirectl! to
an!one b! an! of the parties or the participants in the proceedings for an! purpose
whatsoever% e4cept to determine if the child in conflict with the law ma! have his,hes
sentence suspended or if he,she ma! be granted probation under the 6robation 5aw% or
to enforce the civil liabilit! imposed in the criminal action.
The component authorities shall undertake all measures to protect this confidentialit! of
proceedings% including non#disclosure of records to the media% maintaining a separate
police blotter for cases involving children in conflict with the law and adopting a s!stem
of coding to conceal material information which will lead to the child&s identit!. .ecords
of a child in conflict with the law shall not be used in subse(uent proceedings for cases
involving the same offender as an adult% e4cept when beneficial for the offender and
upon his,her written consent.
A person who has been in conflict with the law as a child shall not be held under an!
provision of law% to be guilt! of per'ur! or of concealment or misrepresentation b!
reason of his,her failure to acknowledge the case or recite an! fact related thereto in
response to an! in(uir! made to him,her for an! purpose.
TITLE ,I
RE*ABILITATION AN- REINTE)RATION
SEC. ... O"2ective of #eha"ilitation and #eintegration. # The ob'ective of
rehabilitation and reintegration of children in conflict with the law is to provide them with
interventions% approaches and strategies that will enable them to improve their social
functioning with the end goal of reintegration to their families and as productive
members of their communities.
SEC. .#. Court Order #e3uired. # <o child shall be received in an! rehabilitation or
training facilit! without a valid order issued b! the court after a hearing for the purpose.
The details of this order shall be immediatel! entered in a register e4clusivel! for
children in conflict with the law. <o child shall be admitted in an! facilit! where there is
no such register.
SEC. ."& Separate (acilities from Adults. # n all rehabilitation or training facilities% it
shall be mandator! that children shall be separated from adults unless the! are
members of the same famil!. ;nder no other circumstance shall a child in conflict with
the law be placed in the same confinement as adults.
The rehabilitation% training or confinement area of children in conflict with the law shall
provide a home environment where children in conflict with the law can be provided with
(ualit! counseling and treatment.
SEC. .%. (emale Children. # Aemale children in conflict with the law placed in an
institution shall be given special attention as to their personal needs and problems.
The! shall be handled b! female doctors% correction officers and social workers% and
shall be accommodated separatel! from male children in conflict with the law.
SEC. .5. 4ender+Sensitivity Training. # <o personnel of rehabilitation and training
facilities shall handle children in conflict with the law without having undergone gender
sensitivit! training.
SEC. .. )sta"lishment of 5outh etention 6omes. # The 5E;s shall set aside an
amount to build !outh detention homes as mandated b! the Aamil! Courts Act. Houth
detention homes ma! also be established b! private and <E@s licensed and accredited
b! the D">D% in consultation with the FF>C.
SEC. #(. Care and Maintenance of the Child in Conflict with the !aw. # The
e4penses for the care and maintenance of a child in conflict with the law under
institutional care shall be borne b! his,her parents or those persons liable to support
him,her) Provided% That in case his,her parents or those persons liable to support
him,her cannot pa! all or part of said e4penses% the municipalit! where the offense was
committed shall pa! one#third *8,1+ of said e4penses or part thereofC the province to
which the municipalit! belongs shall pa! one#third *8,1+ and the remaining one#third
*8,1+ shall be borne b! the national government. Chartered cities shall pa! two#thirds
*2,1+ of said e4pensesC and in case a chartered cit! cannot pa! said e4penses% part of
the internal revenue allotments applicable to the unpaid portion shall be withheld and
applied to the settlement of said obligations) Provided% further% That in the event that the
child in conflict with the law is not a resident of the municipalit!,cit! where the offense
was committed% the court% upon its determination% ma! re(uire the cit!,municipalit!
where the child in conflict with the law resides to shoulder the cost.
All cit! and provincial governments must e4ert effort for the immediate establishment of
local detention homes for children in conflict with the law.
SEC. #!. Confinement of Convicted Children in Agricultural Camps and other
Training (acilities. # A child
in conflict with the law ma!% after conviction and upon order of the court% be made to
serve his,her sentence% in lieu of confinement in a regular penal institution% in an
agricultural camp and other training facilities that ma! be established% maintained%
supervised and controlled b! the -;C@.% in coordination with the D">D.
SEC. #'. #eha"ilitation of Children in Conflict with the !aw. # Children in conflict
with the law% whose sentences are suspended ma!% upon order of the court% undergo
an! or a combination of disposition measures best suited to the rehabilitation and
welfare of the child as provided in the "upreme Court .ule on Fuveniles in Conflict with
the 5aw.
f the communit!#based rehabilitation is availed of b! a child in conflict with the law%
he,she shall be released to parents% guardians% relatives or an! other responsible
person in the communit!. ;nder the supervision and guidance of the local social welfare
and development officer% and in coordination with his,her parents,guardian% the child in
conflict with the law shall participate in communit!#based programs% which shall include%
but not limited to)
*8+ Competenc! and life skills developmentC
*2+ "ocio#cultural and recreational activitiesC
*1+ Communit! volunteer pro'ectsC
*2+ 5eadership trainingC
*D+ "ocial servicesC
*=+ ?omelife servicesC
*/+ ?ealth servicesC .
*:+ "piritual enrichmentC and
*9+ Communit! and famil! welfare services.
n accordance therewith% the famil! of the child in conflict with the law shall endeavor to
activel! participate in the communit!#based rehabilitation.
-ased on the progress of the !outh in the communit!% a final report will be forwarded b!
the local social welfare and development officer to the court for final disposition of the
case.
f the communit!#based programs are provided as diversion measures under Chapter %
Title 3% the programs enumerated above shall be made available to the child in conflict
with the law.
SEC. #3. 5outh #eha"ilitation Center. # The !outh rehabilitation center shall provide
22#hour group care% treatment and rehabilitation services under the guidance of a
trained staff where residents are cared for under a structured therapeutic environment
with the end view of reintegrating them in their families and communities as sociall!
functioning individuals. A (uarterl! report shall be submitted b! the center to the proper
court on the progress of the children in conflict with the law. -ased on the progress of
the !outh in the center% a final report will be forwarded to the court for final disposition of
the case. The D">D shall establish !outh rehabilitation centers in each region of the
countr!.
SEC. #.. O"2ectives of Community ,ased Programs. # The ob'ectives of communit!#
based programs are as follows)
*a+ 6revent disruption in the education or means of livelihood of the child in
conflict with the law in case he,she is stud!ing% working or attending vocational
learning institutionsC
*b+ 6revent separation of the child in conflict with the law from his,her
parents,guardians to maintain the support s!stem fostered b! their relationship
and to create greater awareness of their mutual and reciprocal responsibilitiesC
*c+ Aacilitate the rehabilitation and mainstreaming of the child in conflict with the
law and encourage communit! support and involvementC and
*d+ Binimi$e the stigma that attaches to the child in conflict with the law b!
preventing 'ail detention.
SEC. ##. Criteria of Community+,ased Programs. # 7ver! 5E; shall establish
communit!#based programs that will focus on the rehabilitation and reintegration of the
child. All programs shall meet the criteria to be established b! the FF>C which shall
take into account the purpose of the program% the need for the consent of the child and
his,her parents or legal guardians% and the participation of the child#centered agencies
whether public or private.
SEC. #". After+Care Support Services for Children in Conflict with the !aw. #
Children in conflict with the law whose cases have been dismissed b! the proper court
because of good behavior as per recommendation of the D">D social worker and,or
an! accredited <E@ !outh rehabilitation center shall be provided after#care services b!
the local social welfare and development officer for a period of at least si4 *=+ months.
The service includes counseling and other communit!#based services designed to
facilitate social reintegration% prevent re#offending and make the children productive
members of the communit!.
TITLE ,II
)ENERAL PRO,ISIONS
C*APTER !
E<E+PTIN) PRO,ISIONS
SEC. 78. Status Offenees. # An! conduct not considered an offense or not penali$ed if
committed b! an adult shall not be considered an offense and shall not be punished if
committed b! a child.
SEC. 79. Offenses /ot Applica"le to Children. # 6ersons below eighteen *8:+ !ears
of age shall be e4empt from prosecution for the crime of vagranc! and prostitution
under "ection 202 of the .evised 6enal Code% of mendicanc! under 6residential
Decree <o. 8D=1% and sniffing of rugb! under 6residential Decree <o. 8=89% such
prosecution being inconsistent with the ;nited <ations Convention on the .ights of the
Child) Provided% That said persons shall undergo appropriate counseling and treatment
program.
SEC. 7:. );emption from the Application of eath Penalty. # The provisions of the
.evised 6enal Code% as amended% .epublic Act <o. 98=D% otherwise known as the
Comprehensive Dangerous Drugs Act of 2002% and other special laws notwithstanding%
no death penalt! shall be imposed upon children in conflict with the law.
C*APTER '
PRO*IBITE- ACTS
SEC. <=. Prohi"ition Against !a"eling and Shaming. # n the conduct of the
proceedings beginning from the initial contact with the child% the competent authorities
must refrain from branding or labeling children as !oung criminals% 'uvenile delin(uents%
prostitutes or attaching to them in an! manner an! other derogator! names. 5ikewise%
no discriminator! remarks and practices shall be allowed particularl! with respect to the
child&s class or ethnic origin.
SEC. <>. Other Prohi"ited Acts. # The following and an! other similar acts shall be
considered pre'udicial and detrimental to the ps!chological% emotional% social% spiritual%
moral and ph!sical health and well#being of the child in conflict with the law and
therefore% prohibited)
*a+ 7mplo!ment of threats of whatever kind and natureC
*b+ 7mplo!ment of abusive% coercive and punitive measures such as cursing%
beating% stripping% and solitar! confinementC
*c+ 7mplo!ment of degrading% inhuman end cruel forms of punishment such as
shaving the heads% pouring irritating% corrosive or harmful substances over the
bod! of the child in conflict with the law% or forcing him,her to walk around the
communit! wearing signs which embarrass% humiliate% and degrade his,her
personalit! and dignit!C and
*d+ Compelling the child to perform involuntar! servitude in an! and all forms
under an! and all instances.
C*APTER 3
PENAL PRO,ISION
SEC. <?. @iolation of the Provisions of this Act or #ules or #egulations in
4eneral. # An! person who violates an! provision of this Act or an! rule or regulation
promulgated in accordance thereof shall% upon conviction for each act or omission% be
punished b! a fine of not less than Twent! thousand pesos *620%000.00+ but not more
than Aift! thousand pesos *6D0%000.00+ or suffer imprisonment of not less than eight *:+
!ears but not more than ten *80+ !ears% or both such fine and imprisonment at the
discretion of the court% unless a higher penalt! is provided for in the .evised 6enal
Code or special laws. f the offender is a public officer or emplo!ee% he,she shall% in
addition to such fine and,or imprisonment% be held administrativel! liable and shall suffer
the penalt! of perpetual absolute dis(ualification.
C*APTER .
APPROPRIATION PRO,ISION
SEC. "3. Appropriations. # The amount necessar! to carr! out the initial
implementation of this Act shall be charged to the @ffice of the 6resident. Thereafter%
such sums as ma! be necessar! for the continued implementation of this Act shall be
included in the succeeding Eeneral Appropriations Act.
An initial amount of Aift! million pesos *6D0%000%000.00+ for the purpose of setting up
the FF>C shall be taken from the proceeds of the 6hilippine Charit! "weepstakes
@ffice.
TITLE ,III
TRANSITOR= PRO,ISIONS
SEC. ".. Children in Conflict with the !aw (ifteen &>7' 5ears Old and ,elow. #
;pon effectivit! of this Act% cases of children fifteen *8D+ !ears old and below at the time
of the commission of the crime shall immediatel! be dismissed and the child shall be
referred to the appropriate local social welfare and development officer. "uch officer%
upon thorough assessment of the child% shall determine whether to release the child to
the custod! of his,her parents% or refer the child to prevention programs as provided
under this Act. Those with suspended sentences and undergoing rehabilitation at the
!outh rehabilitation center shall likewise be released% unless it is contrar! to the best
interest of the child.
SEC. "#. Children etained Pending ial. # f the child is detained pending trial% the
Aamil! Court shall also determine whether or not continued detention is necessar! and%
if not% determine appropriate alternatives for detention.
f detention is necessar! and he,she is detained with adults% the court shall immediatel!
order the transfer of the child to a !outh detention home.
SEC. "". Inventory of A!oc-ed+upA and etained Children in Conflict with the
!aw. # The 6<6% the -FB6 and the -;C@. are hereb! directed to submit to the FF>C%
within ninet! *90+ da!s from the effectivit! of this Act% an inventor! of all children in
conflict with the law under their custod!.
SEC. "%. Children %ho #each the Age of )ighteen &>9' 5ears Pending iversion
and Court Proceedings. # f a child reaches the age of eighteen *8:+ !ears pending
diversion and court proceedings% the appropriate diversion authorit! in consultation with
the local social welfare and development officer or the Aamil! Court in consultation with
the "ocial "ervices and Counseling Division *""CD+ of the "upreme Court% as the case
ma! be% shall determine the appropriate disposition. n case the appropriate court
e4ecutes the 'udgment of conviction% and unless the child in conflict the law has alread!
availed of probation under 6residential Decree <o. =01 or other similar laws% the child
ma! appl! for probation if (ualified under the provisions of the 6robation 5aw.
SEC. "5. Children %ho 6ave ,een Convicted and are Serving Sentence. # 6ersons
who have been convicted and are serving sentence at the time of the effectivit! of this
Act% and who were below the age of eighteen *8:+ !ears at the time the commission of
the offense for which the! were convicted and are serving sentence% shall likewise
benefit from the retroactive application of this Act. The! shall be entitled to appropriate
dispositions provided under this Act and their sentences shall be ad'usted accordingl!.
The! shall be immediatel! released if the! are so (ualified under this Act or other
applicable law.
TITLE I<
FINAL PRO,ISIONS
SEC. ". #ule Ma-ing Power. # The FF>C shall issue the ..s for the implementation
of the provisions of this act within ninet! *90+ da!s from the effectivit! thereof.
SEC. %(. Separa"ility Clause. # f% for an! reason% an! section or provision of this Act is
declared unconstitutional or invalid b! the "upreme Court% the other sections or
provisions hereof not dfected b! such declaration shall remain in force and effect.
SEC. %!. #epealing Clause. # All e4isting laws% orders% decrees% rules and regulations
or parts thereof inconsistent with the provisions of this Act are hereb! repealed or
modified accordingl!.
SEC. %'. )ffectivity. # This Act shall take effect after fifteen *8D+ da!s from its
publication in at least two *2+ national newspapers of general circulation.
Approved%
FRAN0LIN -RILON
$OSE -E ,ENECIA $R.
.epresentatives
This Act which is a consolidation of "enate -ill <o. 8202 and ?ouse -ill <o. D0=D was
finall! passed b! the "enate and the ?ouse of .epresentatives on Barch 22% 200=.
OSCAR ). =ABES
"ecretar! of "enate
ROBERTO P. NA>ARENO
"ecretar! Eeneral
Approved) April 2:% 200=
REPUBLIC ACT NO. 3%'
A< ACT T@ "7C;.7 T?7 "TAT7 A<D 6.@T7CT @;. 67@657 A.@B
T7..@."B
-e it enacted b! the "enate and ?ouse of .epresentatives of the 6hilippines in
Congress assembled)
SECTION !. Short Title. RST This Act shall henceforth be known as the RSU?uman
"ecurit! Act of 200/.RS
SEC. '. Declaration of Policy. RST t is declared a polic! of the "tate to protect life%
libert!% and propert! from acts of terrorism% to condemn terrorism as inimical and
dangerous to the national securit! of the countr! and to the welfare of the people% and to
make terrorism a crime against the Ailipino people% against humanit!% and against the
law of nations.
n the implementation of the polic! stated above% the "tate shall uphold the basic rights
and fundamental liberties of the people as enshrined in the constitution.
The "tate recogni$es that the fight against terrorism re(uires a comprehensive
approach% comprising political% economic% diplomatic% militar!% and legal means dul!
taking into account the root causes of terrorism without acknowledging these as
'ustifications for terrorist and,or criminal activities. "uch measures shall include conflict
management and post#conflict peace#building% addressing the roots of conflict b!
building state capacit! and promoting e(uitable economic development.
<othing in this Act shall be interpreted as a curtailment% restriction or diminution of
constitutionall! recogni$ed powers of the e4ecutive branch of the government. t is to be
understood% however% that the e4ercise of the constitutionall! recogni$ed powers of the
e4ecutive department of the government shall not pre'udice respect for human rights
which shall be absolute and protected at all times.
SEC. 3. Terroris. RST An! person who commits an act punishable under an! of the
following provisions of the .evised 6enal Code)
8. Article 822 *6irac! in Eeneral and Butin! in the ?igh "eas or in the 6hilippine
>aters+C
2. Article 812 *.ebellion or nsurrection+C
1. Article 812#a *Coup dRSV7tat+% including acts committed b! private personsC
2. Article 22: *Burder+C
D. Article 2=/ *Jidnapping and "erious llegal Detention+C
=. Article 122 *Crimes nvolving Destruction%
or under
8. 6residential Decree <o. 8=81 *The 5aw on Arson+C
2. .epublic Act <o. =9=9 *To4ic "ubstances and ?a$ardous and <uclear >aste Control
Act of 8990+C
1. .epublic Act <o. D20/% *Atomic 7nerg! .egulator! and 5iabilit! Act of 89=:+C
2. .epublic Act <o. =21D *Anti#?i'acking 5aw+C
D. 6residential Decree <o. D12 *Anti#pirac! and Anti#highwa! .obber! 5aw of 89/2+C
and%
=. 6residential Decree <o. 8:==% as amended *Decree Codif!ing the 5aws on llegal
and ;nlawful 6ossession% Banufacture% Dealing in% Ac(uisition or Disposition of
Airearms% Ammunitions or 74plosives+
thereb! sowing and creating a condition of widespread and e4traordinar! fear and panic
among the populace% in order to coerce the government to give in to an unlawful
demand shall be guilt! of the crime of terrorism and shall suffer the penalt! of fort! *20+
!ears of imprisonment% without the benefit of parole as provided for under Act <o. 2801%
otherwise known as the ndeterminate "entence 5aw% as amended.
SEC. .. Conspiracy to Coit Terroris. RST 6ersons who conspire to commit the
crime of terrorism shall suffer the penalt! of fort! *20+ !ears of imprisonment.
There is conspirac! when two or more persons come to an agreement concerning the
commission of the crime of terrorism as defined in "ection 1 hereof and decide to
commit the same.
SEC. #. (ccoplice. RST An! person who% not being a principal under Article 8/ of the
.evised 6enal Code or a conspirator as defined in "ection 2 hereof% cooperates in the
e4ecution of either the crime of terrorism or conspirac! to commit terrorism b! previous
or simultaneous acts shall suffer the penalt! of from seventeen *8/+ !ears% four *2+
months one da! to twent! *20+ !ears of imprisonment.
SEC. ". (ccessory. RST An! person who% having knowledge of the commission of the
crime of terrorism or conspirac! to commit terrorism% and without having participated
therein% either as principal or accomplice under Articles 8/ and 8: of the .evised 6enal
Code% takes part subse(uent to its commission in an! of the following manner) *a+ b!
profiting himself or assisting the offender to profit b! the effects of the crimeC *b+ b!
concealing or destro!ing the bod! of the crime% or the effects% or instruments thereof% in
order to prevent its discover!C *c+ b! harboring% concealing% or assisting in the escape of
the principal or conspirator of the crime% shall suffer the penalt! of ten *80+ !ears and
one da! to twelve *82+ !ears of imprisonment.
<otwithstanding the above paragraph% the penalties prescribed for accessories shall not
be imposed upon those who are such with respect to their spouses% ascendants%
descendants% legitimate% natural% and adopted brothers and sisters% or relatives b!
affinit! within the same degrees% with the single e4ception of accessories falling within
the provisions of subparagraph *a+.
SEC. %. Surveillance of Suspects and $nterception and Recording of Counications.
RST The provisions of .epublic Act <o. 2200 *Anti#wire Tapping 5aw+ to the contrar!
notwithstanding% a police or law enforcement official and the members of his team ma!%
upon a written order of the Court of Appeals% listen to% intercept and record% with the use
of an! mode% form% kind or t!pe of electronic or other surveillance e(uipment or
intercepting and tracking devices% or with the use of an! other suitable wa!s and means
for that purpose% an! communication% message% conversation% discussion% or spoken or
written words between members of a 'udiciall! declared and outlawed terrorist
organi$ation% association% or group of persons or of an! person charged with or
suspected of the crime of terrorism or conspirac! to commit terrorism.
6rovided% That surveillance% interception and recording of communications between
law!ers and clients% doctors and patients% 'ournalists and their sources and confidential
business correspondence shall not be authori$ed.
SEC. 5. 1oral (pplication for 5udicial (uthori"ation. RST The written order of the
authori$ing division of the Court of Appeals to track down% tap% listen to% intercept% and
record communications% messages% conversations% discussions% or spoken or written
words of an! person suspected of the crime of terrorism or the crime of conspirac! to
commit terrorism shall onl! be granted b! the authori$ing division of the Court of
Appeals upon an e4 parte written application of a police or of a law enforcement official
who has been dul! authori$ed in writing b! the Anti#Terrorism Council created in
"ection D1 of this Act to file such e4 parte application% and upon e4amination under oath
or affirmation of the applicant and the witnesses he ma! produce to establish) *a+ that
there is probable cause to believe based on personal knowledge of facts or
circumstances that the said crime of terrorism or conspirac! to commit terrorism has
been committed% or is being committed% or is about to be committedC *b+ that there is
probable cause to believe based on personal knowledge of facts or circumstances that
evidence% which is essential to the conviction of an! charged or suspected person for% or
to the solution or prevention of% an! such crimes% will be obtainedC and% *c+ that there is
no other effective means readil! available for ac(uiring such evidence.
SEC. . Classification and Contents of the ,rder of the Court. RST The written order
granted b! the authori$ing division of the Court of Appeals as well as its order% if an!% to
e4tend or renew the same% the original application of the applicant% including his
application to e4tend or renew% if an!% and the written authori$ations of the Anti#
Terrorism Council shall be deemed and are hereb! declared as classified information)
6rovided% That the person being surveilled or whose communications% letters% papers%
messages% conversations. Discussions% spoken or written words and effects have been
monitored% listened to% bugged or recorded b! law enforcement authorities has the right
to be informed of the acts done b! the law enforcement authorities in the premises or to
challenge% if he or she intends to do so% the legalit! of the interference before the Court
of Appeals which issued the written order. The written order of the authori$ing division
of the Court of Appeals shall specif! the following) *a+ the identit!% such as name and
address% if known% of the charged or suspected person whose communications%
messages% conversations% discussions% or spoken or written words are to be tracked
down% tapped% listened to% intercepted% and recorded and% in the case of radio%
electronic% or telephonic *whether wireless or otherwise+ communications% messages%
conversations% discussions% or spoken or written words% the electronic transmission
s!stems or the telephone numbers to be tracked down% tapped% listened to% intercepted%
and recorded and their locations or if the person suspected of the crime of terrorism or
conspirac! to commit terrorism is not full! known% such person shall be sub'ect to
continuous surveillance provided there is a reasonable ground to do soC *b+ the identit!
*name% address% and the police or law enforcement organi$ation+ of the police or of the
law enforcement official% including the individual identit! *names% addresses% and the
police or law enforcement organi$ation+ of the members of his team% 'udiciall!
authori$ed to track down% tap% listen to% intercept% and record the communications%
messages% conversations% discussions% or spoken or written wordsC *c+ the offense or
offenses committed% or being committed% or sought to be preventedC and% *d+ the length
of time within which the authori$ation shall be used or carried out.
SEC. !(. &ffective Period of 5udicial (uthori"ation. RST An! authori$ation granted b! the
authori$ing division of the Court of Appeals% pursuant to "ec. 9 *d+ of this Act% shall onl!
be effective for the length of time specified in the written order of the authori$ing division
of the Court of Appeals% which shall not e4ceed a period of thirt! *10+ da!s from the date
of receipt of the written order of the authori$ing division of the Court of Appeals b! the
applicant police or law enforcement official.
The authori$ing division of the Court of Appeals ma! e4tend or renew the said
authori$ation for another non#e4tendible period% which shall not e4ceed thirt! *10+ da!s
from the e4piration of the original period) 6rovided% That the authori$ing division of the
Court of Appeals is satisfied that such e4tension or renewal is in the public interest) and
6rovided% further% That the e4 parte application for e4tension or renewal% which must be
filed b! the original applicant% has been dul! authori$ed in writing b! the Anti#Terrorism
Council.
n case of death of the original applicant or in case he is ph!sicall! disabled to file the
application for e4tension or renewal% the one ne4t in rank to the original applicant among
the members of the team named in the original written order of the authori$ing division
of the Court of Appeals shall file the application for e4tension or renewal) 6rovided%
That% without pre'udice to the liabilit! of the police or law enforcement personnel under
"ection 20 hereof% the applicant police or law enforcement official shall have thirt! *10+
da!s after the termination of the period granted b! the Court of Appeals as provided in
the preceding paragraphs within which to file the appropriate case before the 6ublic
6rosecutorRSWs @ffice for an! violation of this Act.
f no case is filed within the thirt! *10+#da! period% the applicant police or law
enforcement official shall immediatel! notif! the person sub'ect of the surveillance%
interception and recording of the termination of the said surveillance% interception and
recording. The penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of
imprisonment shall be imposed upon the applicant police or law enforcement official
who fails to notif! the person sub'ect of the surveillance% monitoring% interception and
recording as specified above.
SEC. !!. Custody of $ntercepted and Recorded Counications. RST All tapes% discs%
and recordings made pursuant to the authori$ation of the authori$ing division of the
Court of Appeals% including all e4cerpts and summaries thereof as well as all written
notes or memoranda made in connection therewith% shall% within fort!#eight *2:+ hours
after the e4piration of the period fi4ed in the written order of the authori$ing division of
the Court of Appeals or within fort!#eight *2:+ hours after the e4piration of an! e4tension
or renewal granted b! the authori$ing division of the Court of Appeals% be deposited with
the authori$ing Division of the Court of Appeals in a sealed envelope or sealed
package% as the case ma! be% and shall be accompanied b! a 'oint affidavit of the
applicant police or law enforcement official and the members of his team.
n case of death of the applicant or in case he is ph!sicall! disabled to e4ecute the
re(uired affidavit% the one ne4t in rank to the applicant among the members of the team
named in the written order of the authori$ing division of the Court of Appeals shall
e4ecute with the members of the team that re(uired affidavit.
t shall be unlawful for an! person% police officer or an! custodian of the tapes% discs and
recording% and their e4cerpts and summaries% written notes or memoranda to cop! in
whatever form% to remove% delete% e4punge% incinerate% shred or destro! in an! manner
the items enumerated above in whole or in part under an! prete4t whatsoever.
An! person who removes% deletes% e4punges incinerates% shreds or destro!s the items
enumerated above shall suffer a penalt! of not less than si4 *=+ !ears and one da! to
twelve *82+ !ears of imprisonment.
SEC. !'. Contents of 5oint (ffidavit. RST The 'oint affidavit of the police or of the law
enforcement official and the individual members of his team shall state) *a+ the number
of tapes% discs% and recordings that have been made% as well as the number of e4cerpts
and summaries thereof and the number of written notes and memoranda% if an!% made
in connection therewithC *b+ the dates and times covered b! each of such tapes% discs%
and recordingsC *c+ the number of tapes% discs% and recordings% as well as the number of
e4cerpts and summaries thereof and the number of written notes and memoranda made
in connection therewith that have been included in the depositC and *d+ the date of the
original written authori$ation granted b! the Anti#Terrorism Council to the applicant to
file the e4 parte application to conduct the tracking down% tapping% intercepting% and
recording% as well as the date of an! e4tension or renewal of the original written
authorit! granted b! the authori$ing division of the Court of Appeals.
The 'oint affidavit shall also certif! under oath that no duplicates or copies of the whole
or an! part of an! of such tapes% discs% and recordings% and that no duplicates or copies
of the whole or an! part of an! of such e4cerpts% summaries% written notes% and
memoranda% have been made% or% if made% that all such duplicates and copies are
included in the sealed envelope or sealed package% as the case ma! be% deposited with
the authori$ing division of the Court of Appeals.
t shall be unlawful for an! person% police or law enforcement official to omit or e4clude
from the 'oint affidavit an! item or portion thereof mentioned in this "ection.
An! person% police or law enforcement officer who violates an! of the acts proscribed in
the preceding paragraph shall suffer the penalt! of not less than ten *80+ !ears and one
da! to twelve *82+ !ears of imprisonment.
SEC. !3. Disposition of Deposited )aterials. RST The sealed envelope or sealed
package and the contents thereof% which are deposited with the authori$ing division of
the Court of Appeals% shall be deemed and are hereb! declared classified information%
and the sealed envelope or sealed package shall not be opened and its contents
*including the tapes% discs% and recordings and all the e4cerpts and summaries thereof
and the notes and memoranda made in connection therewith+ shall not be divulged%
revealed% read% repla!ed% or used as evidence unless authori$ed b! written order of the
authori$ing division of the Court of Appeals% which written order shall be granted onl!
upon a written application of the Department of Fustice filed before the authori$ing
division of the Court of Appeals and onl! upon a showing that the Department of Fustice
has been dul! authori$ed in writing b! the Anti#Terrorism Council to file the application
with proper written notice the person whose conversation% communication% message
discussion or spoken or written words have been the sub'ect of surveillance% monitoring%
recording and interception to open% reveal% divulge% and use the contents of the sealed
envelope or sealed package as evidence.
An! person% law enforcement official or 'udicial authorit! who violates his dut! to notif!
in writing the persons sub'ect of the surveillance as defined above shall suffer the
penalt! of si4 *=+ !ears and one da! to eight *:+ !ears of imprisonment.
SEC. !.. (pplication to ,pen Deposited Sealed &nvelop or Sealed Pac2age. RST The
written application with notice to the part! concerned to open the deposited sealed
envelope or sealed package shall clearl! state the purpose or reason) *a+ for opening
the sealed envelope or sealed packageC *b+ for revealing or disclosing its classified
contentsC *c+ for repla!ing% divulging% and or reading an! of the listened to% intercepted%
and recorded communications% messages% conversations% discussions% or spoken or
written words *including an! of the e4cerpts and summaries thereof and an! of the
notes or memoranda made in connection therewith+C and% *d+ for using an! of said
listened to %intercepted% and recorded communications% messages% conversations%
discussions% or spoken or written words *including an! of the e4cerpts and summaries
thereof and an! of the notes or memoranda made in connection therewith+ as evidence.
as defined above shall suffer the penalt! of si4 *=+ !ears and one da! to eight *:+ !ears
of imprisonment.
SEC. !#. &videntiary *alue of Deposited )aterials. RST An! listened to% intercepted% and
recorded communications% messages% conversations% discussions% or spoken or written
words% or an! part or parts thereof% or an! information or fact contained therein%
including their e4istence% content% substance% purport% effect% or meaning% which have
been secured in violation of the pertinent provisions of this Act% shall absolutel! not be
admissible and usable as evidence against an!bod! in an! 'udicial% (uasi#'udicial%
legislative% or administrative investigation% in(uir!% proceeding% or hearing.
SEC. !". Penalty for .nauthori"ed or alicious $nterceptions and%or Recordings. RST
An! police or law enforcement personnel who% not being authori$ed to do so b! the
authori$ing division of the Court of Appeals% tracks down% taps% listens to% intercepts% and
records in whatever manner or form an! communication% message% conversation%
discussion% or spoken or written word of a person charged with or suspected of the
crime of terrorism or the crime of conspirac! to commit terrorism shall be guilt! of an
offense and shall suffer the penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of
imprisonment.
n addition to the liabilit! attaching to the offender for the commission of an! other
offense% the penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of imprisonment
and the accessor! penalt! of perpetual absolute dis(ualification from public office shall
be imposed upon an! police or law enforcement personnel who maliciousl! obtained an
authorit! from the Court of Appeals to track down% tap% listen to% intercept% and record in
whatever manner or form an! communication% message% conversation% discussion% or
spoken or written words of a person charged with or suspected of the crime of terrorism
or conspirac! to commit terrorism) 6rovided% That notwithstanding "ection 81 of this
Act% the part! aggrieved b! such authori$ation shall be allowed access to the sealed
envelope or sealed package and the contents thereof as evidence for the prosecution of
an! police or law enforcement personnel who maliciousl! procured said authori$ation.
SEC. !%. Proscription of Terrorist ,rgani"ations! (ssociation! or -roup of Persons. RST
An! organi$ation% association% or group of persons organi$ed for the purpose of
engaging in terrorism% or which% although not organi$ed for that purpose% actuall! uses
the acts to terrori$e mentioned in this Act or to sow and create a condition of
widespread and e4traordinar! fear and panic among the populace in order to coerce the
government to give in to an unlawful demand shall% upon application of the Department
of Fustice before a competent .egional Trial Court% with due notice and opportunit! to
be heard given to the organi$ation% association% or group of persons concerned% be
declared as a terrorist and outlawed organi$ation% association% or group of persons b!
the said .egional Trial Court.
SEC. !5. Period of Detention 7ithout 5udicial 7arrant of (rrest. RST The provisions of
Article 82D of the .evised 6enal Code to the contrar! notwithstanding% an! police or law
enforcement personnel% who% having been dul! authori$ed in writing b! the Anti#
Terrorism Council has taken custod! of a person charged with or suspected of the crime
of terrorism or the crime of conspirac! to commit terrorism shall% without incurring an!
criminal liabilit! for dela! in the deliver! of detained persons to the proper 'udicial
authorities% deliver said charged or suspected person to the proper 'udicial authorit!
within a period of three *1+ da!s counted from the moment the said charged or
suspected person has been apprehended or arrested% detained% and taken into custod!
b! the said police% or law enforcement personnel) 6rovided% That the arrest of those
suspected of the crime of terrorism or conspirac! to commit terrorism must result from
the surveillance under "ection / and e4amination of bank deposits under "ection 2/ of
this Act.
The police or law enforcement personnel concerned shall% before detaining the person
suspected of the crime of terrorism% present him or her before an! 'udge at the
latterRSWs residence or office nearest the place where the arrest took place at an! time
of the da! or night. t shall be the dut! of the 'udge% among other things% to ascertain the
identit! of the police or law enforcement personnel and the person or persons the! have
arrested and presented before him or her% to in(uire of them the reasons wh! the! have
arrested the person and determine b! (uestioning and personal observation whether or
not the suspect has been sub'ected to an! ph!sical% moral or ps!chological torture b!
whom and wh!. The 'udge shall then submit a written report of what he,she had
observed when the sub'ect was brought before him to the proper court that has
'urisdiction over the case of the person thus arrested. the 'udge shall forthwith submit
his,her report within three *1+ calendar da!s from the time the suspect was brought to
his,her residence or office.
mmediatel! after taking custod! of a person charged with or suspected of the crime of
terrorism or conspirac! to commit terrorism% the police or law enforcement personnel
shall notif! in writing the 'udge of the court nearest the place of apprehension or arrest)
6rovided% That where the arrest is made during saturda!s% sunda!s% holida!s or after
office hours% the written notice shall be served at the residence of the 'udge nearest the
place where the accused was arrested.
The penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of imprisonment shall be
imposed upon the police or law enforcement personnel who fails to notif! an! 'udge as
provided in the preceding paragraph.
SEC. !. Period of Detention in the &vent of an (ctual or $inent Terrorist (ttac2. RST
n the event of an actual or imminent terrorist attack% suspects ma! not be detained for
more than three *1+ da!s without the written approval of a municipal% cit!% provincial or
regional official of a ?uman .ights Commission or 'udge of the municipal% regional trial
court% the "andiganba!an or a 'ustice of the Court of Appeals nearest the place of the
arrest. f the arrest is made during "aturda!s% "unda!s% holida!s or after office hours%
the arresting police or law enforcement personnel shall bring the person thus arrested to
the residence of an! of the officials mentioned above that is nearest the place where the
accused was arrested. The approval in writing of an! of the said officials shall be
secured b! the police or law enforcement personnel concerned within five *D+ da!s after
the date of the detention of the persons concerned) 6rovided% however% That within
three *1+ da!s after the detention the suspects% whose connection with the terror attack
or threat is not established% shall be released immediatel!.
SEC. '(. Penalty for 1ailure to Deliver Suspect to the Proper 5udicial (uthority 7ithin
Three :>; Days. RST The penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of
imprisonment shall be imposed upon an! police or law enforcement personnel who has
apprehended or arrested% detained and taken custod! of a person charged with or
suspected of the crime of terrorism or conspirac! to commit terrorism and fails to deliver
such charged or suspected person to the proper 'udicial authorit! within the period of
three *1+ da!s.
SEC. '!. Rights of a Person .nder Custodial Detention. RST The moment a person
charged with or suspected of the crime of terrorism or the crime of conspirac! to commit
terrorism is apprehended or arrested and detained% he shall forthwith be informed% b!
the arresting police or law enforcement officers or b! the police or law enforcement
officers to whose custod! the person concerned is brought% of his or her right) *a+ to be
informed of the nature and cause of his arrest% to remain silent and to have competent
and independent counsel preferabl! of his choice. f the person cannot afford the
services of counsel of his or her choice% the police or law enforcement officers
concerned shall immediatel! contact the free legal assistance unit of the ntegrated -ar
of the 6hilippines *-6+ or the 6ublic Attorne!RSWs @ffice *6A@+. t shall be the dut! of
the free legal assistance unit of the -6 or the 6A@ thus contacted to immediatel! visit
the person*s+ detained and provide him or her with legal assistance. These rights
cannot be waived e4cept in writing and in the presence of the counsel of choiceC *b+
informed of the cause or causes of his detention in the presence of his legal counselC *c+
allowed to communicate freel! with his legal counsel and to confer with them at an!
time without restrictionC *d+ allowed to communicate freel! and privatel! without
restrictions with the members of his famil! or with his nearest relatives and to be visited
b! themC and% *e+ allowed freel! to avail of the service of a ph!sician or ph!sicians of
choice.
SEC. ''. Penalty for *iolation of the Rights of a Detainee. RST An! police or law
enforcement personnel% or an! personnel of the police or other law enforcement
custodial unit that violates an! of the aforesaid rights of a person charged with or
suspected of the crime of terrorism or the crime of conspirac! to commit terrorism shall
be guilt! of an offense and shall suffer the penalt! of ten *80+ !ears and one da! to
twelve *82+ !ears of imprisonment.
;nless the police or law enforcement personnel who violated the rights of a detainee or
detainees as stated above is dul! identified% the same penalt! shall be imposed on the
police officer or head or leader of the law enforcement unit having custod! of the
detainee at the time the violation was done.
SEC. '3. Re+uireent for an ,fficial Custodial Logboo2 and $ts Contents. RST The
police or other law enforcement custodial unit in whose care and control the person
charged with or suspected of the crime of terrorism or the crime of conspirac! to commit
terrorism has been placed under custodial arrest and detention shall keep a securel!
and orderl! maintained official logbook% which is hereb! declared as a public document
and opened to and made available for the inspection and scrutin! of the law!er or
law!ers of the person under custod! or an! member of his or her famil! or relative b!
consanguinit! or affinit! within the fourth civil degree or his or her ph!sician at an! time
of the da! or night without an! form of restriction. The logbook shall contain a clear and
concise record of) *a+ the name% description% and address of the detained personC *b+ the
date and e4act time of his initial admission for custodial arrest and detentionC *c+ the
name and address of the ph!sician or ph!sicians who e4amined him ph!sicall! and
medicall!C *d+ the state of his health and ph!sical condition at the time of his initial
admission for custodial detentionC *e+ the date and time of each removal of the detained
person from his cell for interrogation or for an! purposeC *f+ the date and time of his
return to his cellC *g+ the name and address of the ph!sician or ph!sicians who
ph!sicall! and medicall! e4amined him after each interrogationC *h+ a summar! of the
ph!sical and medical findings on the detained person after each of such interrogationC
*i+ the names and addresses of his famil! members and nearest relatives% if an! and if
availableC *'+ the names and addresses of persons who visit the detained personC *k+ the
date and time of each of such visitsC *l+ the date and time of each re(uest of the
detained person to communicate and confer with his legal counsel or counselsC *m+ the
date and time of each visit% and date and time of each departure of his legal counsel or
counselsC and% *n+ all other important events bearing on and all relevant details
regarding the treatment of the detained person while under custodial arrest and
detention.
The said police or law enforcement custodial unit shall upon demand of the
aforementioned law!er or law!ers or members of the famil! or relatives within the fourth
civil degree of consanguinit! or affinit! of the person under custod! or his or her
ph!sician issue a certified true cop! of the entries of the logbook relative to the
concerned detained person without dela! or restriction or re(uiring an! fees whatsoever
including documentar! stamp ta4% notarial fees% and the like. This certified true cop!
ma! be attested b! the person who has custod! of the logbook or who allowed the part!
concerned to scrutini$e it at the time the demand for the certified true cop! is made.
The police or other law enforcement custodial unit who fails to compl! with the
preceding paragraph to keep an official logbook shall suffer the penalt! of ten *80+ !ears
and one da! to twelve *82+ !ears of imprisonment.
SEC. '.. 3o Torture or Coercion in $nvestigation and $nterrogation. RST <o threat%
intimidation% or coercion% and no act which will inflict an! form of ph!sical pain or
torment% or mental% moral% or ps!chological pressure% on the detained person% which
shall vitiate his free#will% shall be emplo!ed in his investigation and interrogation for the
crime of terrorism or the crime of conspirac! to commit terrorismC otherwise% the
evidence obtained from said detained person resulting from such threat% intimidation% or
coercion% or from such inflicted ph!sical pain or torment% or mental% moral% or
ps!chological pressure% shall be% in its entiret!% absolutel! not admissible and usable as
evidence in an! 'udicial% (uasi#'udicial% legislative% or administrative investigation%
in(uir!% proceeding% or hearing.
SEC. '#. Penalty for Threat! $ntiidation! Coercion! or Torture in the $nvestigation and
$nterrogation of a Detained Person. RST An! person or persons who use threat%
intimidation% or coercion% or who inflict ph!sical pain or torment% or mental% moral% or
ps!chological pressure% which shall vitiate the free#will of a charged or suspected
person under investigation and interrogation for the crime of terrorism or the crime of
conspirac! to commit terrorism shall be guilt! of an offense and shall suffer the penalt!
of twelve *82+ !ears and one da! to twent! *20+ !ears of imprisonment.
>hen death or serious permanent disabilit! of said detained person occurs as a
conse(uence of the use of such threat% intimidation% or coercion% or as a conse(uence
of the infliction on him of such ph!sical pain or torment% or as a conse(uence of the
infliction on him of such mental% moral% or ps!chological pressure% the penalt! shall be
twelve *82+ !ears and one da! to twent! *20+ !ears of imprisonment
SEC. '". Restriction on Travel. n cases where evidence of guilt is not strong% and the
person charged with the crime of terrorism or conspirac! to commit terrorism is entitled
to bail and is granted the same% the court% upon application b! the prosecutor% shall limit
the right of travel of the accused to within the municipalit! or cit! where he resides or
where the case is pending% in the interest of national securit! and public safet!%
consistent with Article % "ection = of the Constitution. Travel outside of said
municipalit! or cit!% without the authori$ation of the court% shall be deemed a violation of
the terms and conditions of his bail% which shall then be forfeited as provided under the
.ules of Court.
?e or she ma! also be placed under house arrest b! order of the court at his or her
usual place of residence.
>hile under house arrest% he or she ma! not use telephones% cellphones% e#mails%
computers% the internet or other means of communications with people outside the
residence until otherwise ordered b! the court.
The restrictions abovementioned shall be terminated upon the ac(uittal of the accused
or of the dismissal of the case filed against him or earlier upon the discretion of the court
on motion of the prosecutor or of the accused.
SEC. '%. 5udicial (uthori"ation Re+uired to &6aine Ban2 Deposits! (ccounts! and
Records. RST The provisions of .epublic Act <o. 820D as amended% to the contrar!
notwithstanding% the 'ustices of the Court of Appeals designated as a special court to
handle anti#terrorism cases after satisf!ing themselves of the e4istence of probable
cause in a hearing called for that purpose that *8+ a person charged with or suspected
of the crime of terrorism or conspirac! to commit terrorism% *2+ of a 'udiciall! declared
and outlawed terrorist organi$ation% association% or group of persons% and *1+ of a
member of such 'udiciall! declared and outlawed organi$ation% association% or group of
persons% ma! authori$e in writing an! police or law enforcement officer and the
members of his,her team dul! authori$ed in writing b! the anti#terrorism council to) *a+
e4amine% or cause the e4amination of% the deposits% placements% trust accounts% assets
and records in a bank or financial institutionC and *b+ gather or cause the gathering of
an! relevant information about such deposits% placements% trust accounts% assets% and
records from a bank or financial institution. the bank or financial institution concerned
shall not refuse to allow such e4amination or to provide the desired information% when
so ordered b! and served with the written order of the Court of Appeals.
SEC. '5. (pplication to &6aine Ban2 Deposits! (ccounts! and Records. RST The
written order of the Court of Appeals authori$ing the e4amination of bank deposits%
placements% trust accounts% assets% and records) *8+ of a person charged with or
suspected of the crime of terrorism or conspirac! to commit terrorism% *2+ of an!
'udiciall! declared and outlawed terrorist organi$ation% association% or group of persons%
or *1+ of an! member of such organi$ation% association% or group of persons in a bank or
financial institution% and the gathering of an! relevant information about the same from
said bank or financial institution% shall onl! be granted b! the authori$ing division of the
Court of Appeals upon an e4 parte application to that effect of a police or of a law
enforcement official who has been dul! authori$ed in writing to file such e4 parte
application b! the Anti#Terrorism Council created in "ection D1 of this Act to file such e4
parte application% and upon e4amination under oath or affirmation of the applicant and
the witnesses he ma! produce to establish the facts that will 'ustif! the need and
urgenc! of e4amining and free$ing the bank deposits% placements% trust accounts%
assets% and records) *8+ of the person charged with or suspected of the crime of
terrorism or conspirac! to commit terrorism% *2+ of a 'udiciall! declared and outlawed
terrorist organi$ation% association or group of persons% or *1+ of an! member of such
organi$ation% association% or group of persons.
SEC. '. Classification and Contents of the Court ,rder (uthori"ing the &6aination of
Ban2 Deposits! (ccounts! and Records. RST The written order granted b! the
authori$ing division of the Court of Appeals as well as its order% if an!% to e4tend or
renew the same% the original e4 parte application of the applicant% including his e4 parte
application to e4tend or renew% if an!% and the written authori$ations of the Anti
Terrorism Council% shall be deemed and are hereb! declared as classified information)
6rovided% That the person whose bank deposits% placements% trust accounts% assets%
and records have been e4amined% fro$en% se(uestered and sei$ed b! law enforcement
authorities has the right to be informed of the acts done b! the law enforcement
authorities in the premises or to challenge% if he or she intends to do so% the legalit! of
the interference. The written order of the authori$ing division of the Court of Appeals
designated to handle cases involving terrorism shall specif!) *a+ the identit! of the said)
*8+ person charged with or suspected of the crime of terrorism or conspirac! to commit
terrorism% *2+ 'udiciall! declared and outlawed terrorist organi$ation% association% or
group of persons% and *1+ member of such 'udiciall! declared and outlawed
organi$ation% association% or group of persons% as the case ma! be% whose deposits%
placements% trust accounts% assets% and records are to be e4amined or the information
to be gatheredC *b+ the identit! of the bank or financial institution where such deposits%
placements% trust accounts% assets% and records are held and maintainedC *c+ the
identit! of the persons who will conduct the said e4amination and the gathering of the
desired informationC and% *d+ the length of time the authori$ation shall be carried out.
SEC. 3(. &ffective Period of Court (uthori"ation to &6aine and ,btain $nforation on
Ban2 Deposits! (ccounts! and Records. RST The authori$ation issued or granted b! the
authori$ing division of the Court of Appeals to e4amine or cause the e4amination of and
to free$e bank deposits% placements% trust accounts% assets% and records% or to gather
information about the same% shall be effective for the length of time specified in the
written order of the authori$ing division of the Court of Appeals% which shall not e4ceed
a period of thirt! *10+ da!s from the date of receipt of the written order of the authori$ing
division of the Court of Appeals b! the applicant police or law enforcement official.
The authori$ing division of the Court of Appeals ma! e4tend or renew the said
authori$ation for another period% which shall not e4ceed thirt! *10+ da!s renewable to
another thirt! *10+ da!s from the e4piration of the original period% provided that the
authori$ing division of the Court of Appeals is satisfied that such e4tension or renewal is
in the public interest% and provided further that the application for e4tension or renewal%
which must be filed b! the original applicant% has been dul! authori$ed in writing b! the
Anti#Terrorism Council.
n case of death of the original applicant or in case he is ph!sicall! disabled to file the
application for e4tension or renewal% the one ne4t in rank to the original applicant among
the members of the team named in the original written order of the authori$ing division
of the Court of Appeals shall file the application for e4tension or renewal) 6rovided%
That% without pre'udice to the liabilit! of the police or law enforcement personnel under
"ection 89 hereof% the applicant police or law enforcement official shall have thirt! *10+
da!s after the termination of the period granted b! the Court of Appeals as provided in
the preceding paragraphs within which to file the appropriate case before the 6ublic
6rosecutorRSWs @ffice for an! violation of this Act.
f no case is filed within the thirt! *10+#da! period% the applicant police or law
enforcement official shall immediatel! notif! in writing the person sub'ect of the bank
e4amination and free$ing of bank deposits% placements% trust accounts% assets and
records. The penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of imprisonment
shall be imposed upon the applicant police or law enforcement official who fails to notif!
in writing the person sub'ect of the bank e4amination and free$ing of bank deposits%
placements% trust accounts% assets and records.
in writing as defined above shall suffer the penalt! of si4 *=+ !ears and one da! to eight
*:+ !ears of imprisonment.
SEC. 3!. Custody of Ban2 Data and $nforation ,btained after &6aination of
Deposits! Placeents! Trust (ccounts! (ssets and Records. RST All information% data%
e4cerpts% summaries% notes% memoranda% working sheets% reports% and other documents
obtained from the e4amination of the bank deposits% placements% trust accounts% assets
and records of) *8+ a person charged with or suspected of the crime of terrorism or the
crime of conspirac! to commit terrorism% *2+ a 'udiciall! declared and outlawed terrorist
organi$ation% association% or group of persons% or *1+ a member of an! such
organi$ation% association% or group of persons shall% within fort!#eight *2:+ hours after
the e4piration of the period fi4ed in the written order of the authori$ing division of the
Court of Appeals or within fort!#eight *2:+ hours after the e4piration of the e4tension or
renewal granted b! the authori$ing division of the Court of Appeals% be deposited with
the authori$ing division of the Court of Appeals in a sealed envelope or sealed package%
as the case ma! be% and shall be accompanied b! a 'oint affidavit of the applicant police
or law enforcement official and the persons who actuall! conducted the e4amination of
said bank deposits% placements% trust accounts% assets and records.
SEC. 3'. Contents of 5oint (ffidavit. RST The 'oint affidavit shall state) *a+ the identif!ing
marks% numbers% or s!mbols of the deposits% placements% trust accounts% assets% and
records e4aminedC *b+ the identit! and address of the bank or financial institution where
such deposits% placements% trust accounts% assets% and records are held and
maintainedC *c+ the number of bank deposits% placements% trust accounts% assets% and
records discovered% e4amined% and fro$enC *d+ the outstanding balances of each of such
deposits% placements% trust accounts% assetsC *e+ all information% data% e4cerpts%
summaries% notes% memoranda% working sheets% reports% documents% records e4amined
and placed in the sealed envelope or sealed package deposited with the authori$ing
division of the Court of AppealsC *f+ the date of the original written authori$ation granted
b! the Anti#Terrorism Council to the applicant to file the e4 parte application to conduct
the e4amination of the said bank deposits% placements% trust accounts% assets and
records% as well as the date of an! e4tension or renewal of the original written
authori$ation granted b! the authori$ing division of the Court of AppealsC and *g+ that
the items enumerated were all that were found in the bank or financial institution
e4amined at the time of the completion of the e4amination.
The 'oint affidavit shall also certif! under oath that no duplicates or copies of the
information% data% e4cerpts% summaries% notes% memoranda% working sheets% reports%
and documents ac(uired from the e4amination of the bank deposits% placements% trust
accounts% assets and records have been made% or% if made% that all such duplicates and
copies are placed in the sealed envelope or sealed package deposited with the
authori$ing division of the Court of Appeals.
t shall be unlawful for an! person% police officer or custodian of the bank data and
information obtained after e4amination of deposits% placements% trust accounts% assets
and records to cop!% to remove% delete% e4punge% incinerate% shred or destro! in an!
manner the items enumerated above in whole or in part under an! prete4t whatsoever.
An! person who copies% removes% deletes% e4punges incinerates% shreds or destro!s the
items enumerated above shall suffer a penalt! of not less than si4 *=+ !ears and one
da! to twelve *82+ !ears of imprisonment.
SEC. 33. Disposition of Ban2 )aterials. RST The sealed envelope or sealed package
and the contents thereof% which are deposited with the authori$ing division of the Court
of Appeals% shall be deemed and are hereb! declared classified information% and the
sealed envelope or sealed package shall not be opened and its contents shall not be
divulged% revealed% read% or used as evidence unless authori$ed in a written order of the
authori$ing division of the Court of Appeals% which written order shall be granted onl!
upon a written application of the Department of Fustice filed before the authori$ing
division of the Court of Appeals and onl! upon a showing that the Department of Fustice
has been dul! authori$ed in writing b! the Anti#Terrorism Council to file the application%
with notice in writing to the part! concerned not later than three *1+ da!s before the
scheduled opening% to open% reveal% divulge% and use the contents of the sealed
envelope or sealed package as evidence.
in writing as defined above shall suffer the penalt! of si4 *=+ !ears and one da! to eight
*:+ !ears of imprisonment.
SEC. 3.. (pplication to ,pen Deposited Ban2 )aterials. RST The written application%
with notice in writing to the part! concerned not later than three *1+ da!s of the
scheduled opening% to open the sealed envelope or sealed package shall clearl! state
the purpose and reason) *a+ for opening the sealed envelope or sealed packageC *b+ for
revealing and disclosing its classified contentsC and% *c+ for using the classified
information% data% e4cerpts% summaries% notes% memoranda% working sheets% reports%
and documents as evidence.
SEC. 3#. &videntiary *alue of Deposited Ban2 )aterials. RST An! information% data%
e4cerpts% summaries% notes% memoranda% work sheets% reports% or documents ac(uired
from the e4amination of the bank deposits% placements% trust accounts% assets and
records of) *8+ a person charged or suspected of the crime of terrorism or the crime of
conspirac! to commit terrorism% *2+ a 'udiciall! declared and outlawed terrorist
organi$ation% association% or group of persons% or *1+ a member of such organi$ation%
association% or group of persons% which have been secured in violation of the provisions
of this Act% shall absolutel! not be admissible and usable as evidence against an!bod!
in an! 'udicial% (uasi#'udicial% legislative% or administrative investigation% in(uir!%
proceeding% or hearing.
SEC. 3". Penalty for .nauthori"ed or )alicious &6aination of a Ban2 or a 1inancial
$nstitution. RST An! person% police or law enforcement personnel who e4amines the
deposits% placements% trust accounts% assets% or records in a bank or financial institution
of) *8+ a person charged with or suspected of the crime of terrorism or the crime of
conspirac! to commit terrorism% *2+ a 'udiciall! declared and outlawed terrorist
organi$ation% association% or group of persons% or *1+ a member of such organi$ation%
association% or group of persons% without being authori$ed to do so b! the Court of
Appeals% shall be guilt! of an offense and shall suffer the penalt! of ten *80+ !ears and
n addition to the liabilit! attaching to the offender for the commission of an! other
offense% the penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of imprisonment
shall be imposed upon an! police or law enforcement personnel% who maliciousl!
obtained an authorit! from the Court of Appeals to e4amine the deposits% placements%
trust accounts% assets% or records in a bank or financial institution of) *8+ a person
charged with or suspected of the crime of terrorism or conspirac! to commit terrorism%
*2+ a 'udiciall! declared and outlawed terrorist organi$ation% association% or group of
persons% or *1+ a member of such organi$ation% association% or group of persons)
6rovided% That notwithstanding "ection 11 of this Act% the part! aggrieved b! such
authori$ation shall upon motion dul! filed be allowed access to the sealed envelope or
sealed package and the contents thereof as evidence for the prosecution of an! police
or law enforcement personnel who maliciousl! procured said authori$ation.
SEC. 3%. Penalty of Ban2 ,fficials and &ployees Defying a Court (uthori"ation. RST
An emplo!ee% official% or a member of the board of directors of a bank or financial
institution% who refuses to allow the e4amination of the deposits% placements% trust
accounts% assets% and records of) *8+ a person charged with or suspected of the crime of
terrorism or the crime of conspirac! to commit terrorism% *2+ a 'udiciall! declared and
outlawed terrorist organi$ation% association% or group of persons% or *1+ a member of
such 'udiciall! declared and outlawed organi$ation% association% or group of persons in
said bank or financial institution% when dul! served with the written order of the
authori$ing division of the Court of Appeals% shall be guilt! of an offense and shall suffer
the penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of imprisonment.
SEC. 35. Penalty for 1alse or .ntruthful Stateent or )isrepresentation of )aterial
1act in 5oint (ffidavits. RST An! false or untruthful statement or misrepresentation of
material fact in the 'oint affidavits re(uired respectivel! in "ection 82 and "ection 12 of
this Act shall constitute a criminal offense and the affiants shall suffer individuall! the
penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of imprisonment.
SEC. 3. Sei"ure and Se+uestration. RST The deposits and their outstanding balances%
placements% trust accounts% assets% and records in an! bank or financial institution%
mone!s% businesses% transportation and communication e(uipment% supplies and other
implements% and propert! of whatever kind and nature belonging) *8+ to an! person
suspected of or charged before a competent .egional Trial Court for the crime of
terrorism or the crime of conspirac! to commit terrorismC *2+ to a 'udiciall! declared and
outlawed organi$ation% association% or group of personsC or *1+ to a member of such
organi$ation% association% or group of persons shall be sei$ed% se(uestered% and fro$en
in order to prevent their use% transfer% or conve!ance for purposes that are inimical to
the safet! and securit! of the people or in'urious to the interest of the "tate.
The accused or a person suspected of ma! withdraw such sums as ma! be reasonabl!
needed b! the monthl! needs of his famil! including the services of his or her counsel
and his or her famil!RSWs medical needs upon approval of the court. ?e or she ma!
also use an! of his propert! that is under sei$ure or se(uestration or fro$en because of
his or her indictment as a terrorist upon permission of the court for an! legitimate
reason.
An! person who un'ustifiabl! refuses to follow the order of the proper division of the
Court of Appeals to allow the person accused of the crime of terrorism or of the crime of
conspirac! to commit terrorism to withdraw such sums from se(uestered or fro$en
deposits% placements% trust accounts% assets and records as ma! be necessar! for the
regular sustenance of his or her famil! or to use an! of his or her propert! that has been
sei$ed% se(uestered or fro$en for legitimate purposes while his or her case is pending
shall suffer the penalt! of ten *80+ !ears and one da! to twelve *82+ !ears of
imprisonment.
SEC. .(. 3ature of Sei"ed! Se+uestered and 1ro"en Ban2 Deposits! Placeents! Trust
(ccounts! (ssets and Records. RST The sei$ed% se(uestered and fro$en bank deposits%
placements% trust accounts% assets and records belonging to a person suspected of or
charged with the crime of terrorism or conspirac! to commit terrorism shall be deemed
as propert! held in trust b! the bank or financial institution for such person and the
government during the pendenc! of the investigation of the person suspected of or
during the pendenc! of the trial of the person charged with an! of the said crimes% as
the case ma! be and their use or disposition while the case is pending shall be sub'ect
to the approval of the court before which the case or cases are pending.
SEC. .!. Disposition of the Sei"ed! Se+uestered and 1ro"en Ban2 Deposits!
Placeents! Trust (ccounts! (ssets and Record. RST f the person suspected of or
charged with the crime of terrorism or conspirac! to commit terrorism is found% after his
investigation% to be innocent b! the investigating bod!% or is ac(uitted% after his
arraignment or his case is dismissed before his arraignment b! a competent court% the
sei$ure% se(uestration and free$ing of his bank deposits% placements% trust accounts%
assets and records shall forthwith be deemed lifted b! the investigating bod! or b! the
competent court% as the case ma! be% and his bank deposits% placements% trust
accounts% assets and records shall be deemed released from such sei$ure%
se(uestration and free$ing% and shall be restored to him without an! dela! b! the bank
or financial institution concerned without an! further action on his part. The filing of an!
appeal on motion for reconsideration shall not state the release of said funds from
sei$ure% se(uestration and free$ing.
f the person charged with the crime of terrorism or conspirac! to commit terrorism is
convicted b! a final 'udgment of a competent trial court% his sei$ed% se(uestered and
fro$en bank deposits% placements% trust accounts% assets and records shall be
automaticall! forfeited in favor of the government.
;pon his or her ac(uittal or the dismissal of the charges against him or her% the amount
of Aive ?undred Thousand 6esos *6D00%000.00+ a da! for the period in which his
properties% assets or funds were sei$ed shall be paid to him on the concept of li(uidated
damages. The amount shall be taken from the appropriations of the police or law
enforcement agenc! that caused the filing of the enumerated charges against him or
her.
SEC. .'. Penalty for .n#ustified Refusal to Restore or Delay in Restoring Sei"ed!
Se+uestered and 1ro"en Ban2 Deposits! Placeents! Trust (ccounts! (ssets and
Records. RST An! person who un'ustifiabl! refuses to restore or dela!s the restoration of
sei$ed% se(uestered and fro$en bank deposits% placements% trust accounts% assets and
records of a person suspected of or charged with the crime of terrorism or conspirac! to
commit terrorism after such suspected person has been found innocent b! the
investigating bod! or after the case against such charged person has been dismissed or
after he is ac(uitted b! a competent court shall suffer the penalt! of ten *80+ !ears and
SEC. .3. Penalty for the Loss! )isuse! Diversion or Dissipation of Sei"ed! Se+uestered
and 1ro"en Ban2 Deposits! Placeents! Trust (ccounts! (ssets and Records. RST An!
person who is responsible for the loss% misuse% diversion% or dissipation of the whole or
an! part of the sei$ed% se(uestered and fro$en bank deposits% placements% trust
accounts% assets and records of a person suspected of or charged with the crime of
terrorism or conspirac! to commit terrorism shall suffer the penalt! of ten *80+ !ears and
SEC. ... $nfidelity in the Custody of Detained Persons. RST An! public officer who has
direct custod! of a detained person under the provisions of this Act and who b! his
deliberate act% misconduct% or ine4cusable negligence causes or allows the escape of
such detained person shall be guilt! of an offense and shall suffer the penalt! of) *a+
twelve *82+ !ears and one da! to twent! *20+ !ears of imprisonment% if the detained
person has alread! been convicted and sentenced in a final 'udgment of a competent
courtC and *b+ si4 *=+ !ears and one da! to twelve *82+ !ears of imprisonment% if the
detained person has not been convicted and sentenced in a final 'udgment of a
competent court.
SEC. .#. $unity and Protection of -overnent 7itnesses. RST The provisions of
.epublic Act <o. =9:8 *>itness 6rotection% "ecurit! and -enefits Act+ to the contrar!
notwithstanding% the immunit! of government witnesses testif!ing under this Act shall be
governed b! "ections 8/ and 8: of .ule 889 of the .ules of Court) 6rovided% however%
That said witnesses shall be entitled to benefits granted to witnesses under said
.epublic Act <o. =9:8.
SEC. .". Penalty for .nauthori"ed Revelation of Classified )aterials. RST The penalt! of
ten *80+ !ears and one da! to twelve *82+ !ears of imprisonment shall be imposed upon
an! person% police or law enforcement agent% 'udicial officer or civil servant who% not
being authori$ed b! the Court of Appeals to do so% reveals in an! manner or form an!
classified information under this Act.
SEC. .%. Penalty for 1urnishing 1alse &vidence! 1orged Docuent! or Spurious
&vidence. RST The penalt! of twelve *82+ !ears and one da! to twent! *20+ !ears of
imprisonment shall be imposed upon an! person who knowingl! furnishes false
testimon!% forged document or spurious evidence in an! investigation or hearing under
this Act.
SEC. .5. Continuous Trial. n cases of terrorism or conspirac! to commit terrorism%
the 'udge shall set the case for continuous trial on a dail! basis from Bonda! to Arida!
or other short#term trial calendar so as to ensure speed! trial.
SEC. .. Prosecution .nder This (ct Shall Be a Bar to (nother Prosecution .nder the
Revised Penal Code or (ny Special Penal La0s. >hen a person has been
prosecuted under a provision of this Act% upon a valid complaint or information or other
formal charge sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge% the ac(uittal of the accused or the dismissal of the
case shall be a bar to another prosecution for an! offense or felon! which is necessaril!
included in the offense charged under this Act.
SEC. #(. Daages for .nproven Charge of Terroris. RST ;pon ac(uittal% an! person
who is accused of terrorism shall be entitled to the pa!ment of damages in the amount
of Aive ?undred Thousand 6esos *6D00%000.00+ for ever! da! that he or she has been
detained or deprived of libert! or arrested without a warrant as a result of such an
accusation. The amount of damages shall be automaticall! charged against the
appropriations of the police agenc! or the Anti#Terrorism Council that brought or
sanctioned the filing of the charges against the accused. t shall also be released within
fifteen *8D+ da!s from the date of the ac(uittal of the accused. The award of damages
mentioned above shall be without pre'udice to the right of the ac(uitted accused to file
criminal or administrative charges against those responsible for charging him with the
case of terrorism.
An! officer% emplo!ee% personnel% or person who dela!s the release or refuses to
release the amounts awarded to the individual ac(uitted of the crime of terrorism as
directed in the paragraph immediatel! preceding shall suffer the penalt! of si4 *=+
months of imprisonment.
f the deductions are less than the amounts due to the detained persons% the amount
needed to complete the compensation shall be taken from the current appropriations for
intelligence% emergenc!% social or other funds of the @ffice of the 6resident.
n the event that the amount cannot be covered b! the current budget of the police or
law enforcement agenc! concerned% the amount shall be automaticall! included in the
appropriations of the said agenc! for the coming !ear.
SEC. #!. Duty to Record and Report the 3ae and (ddress of the $nforant. The
police or law enforcement officers to whom the name of a suspect in the crime of
terrorism was first revealed shall record the real name and the specific address of the
informant.
The police or law enforcement officials concerned shall report the informantRSWs name
and address to their superior officer who shall transmit the information to the
Congressional @versight Committee or to the proper court within five *D+ da!s after the
suspect was placed under arrest or his properties were se(uestered% sei$ed or fro$en.
The name and address of the informant shall be considered confidential and shall not
be unnecessaril! revealed until after the proceedings against the suspect shall have
been terminated.
SEC. #'. (pplicability of the Revised Penal Code. The provisions of -ook of the
.evised 6enal Code shall be applicable to this Act.
SEC. #3. (nti'Terroris Council. RST An Anti#Terrorism Council% hereinafter referred to%
for brevit!% as the RSUCouncil%RS is hereb! created. The members of the Council are)
*8+ the 74ecutive "ecretar!% who shall be its chairpersonC *2+ the "ecretar! of Fustice%
who shall be its 3ice ChairpersonC and *1+ the "ecretar! of Aoreign AffairsC *2+ the
"ecretar! of <ational DefenseC *D+ the "ecretar! of the nterior and 5ocal EovernmentC
*=+ the "ecretar! of AinanceC and */+ the <ational "ecurit! Advisor% as its other
members.
The Council shall implement this Act and assume the responsibilit! for the proper and
effective implementation of the anti#terrorism polic! of the countr!. The Council shall
keep records of its proceedings and decisions. All records of the Council shall be
sub'ect to such securit! classifications as the Council ma!% in its 'udgment and
discretion% decide to adopt to safeguard the safet! of the people% the securit! of the
.epublic% and the welfare of the nation.
The <ational ntelligence Coordinating Agenc! shall be the "ecretariat of the Council.
The Council shall define the powers% duties% and functions of the <ational ntelligence
Coordinating Agenc! as "ecretariat of the Council. The <ational -ureau of
nvestigation% the -ureau of mmigration% the @ffice of Civil Defense% the ntelligence
"ervice of the Armed Aorces of the 6hilippines% the Anti#Bone! 5aundering Council% the
6hilippine Center on Transnational Crime% and the 6hilippine <ational 6olice
intelligence and investigative elements shall serve as support agencies for the Council.
The Council shall formulate and adopt comprehensive% ade(uate% efficient% and effective
anti#terrorism plans% programs% and counter#measures to suppress and eradicate
terrorism in the countr! and to protect the people from acts of terrorism. <othing herein
shall be interpreted to empower the Anti#Terrorism Council to e4ercise an! 'udicial or
(uasi#'udicial power or authorit!.
SEC. #.. 1unctions of the Council. RST n pursuit of its mandate in the previous "ection%
the Council shall have the following functions with due regard for the rights of the people
as mandated b! the Constitution and pertinent laws)
8. Aormulate and adopt plans% programs and counter#measures against terrorists and
acts of terrorism in the countr!C
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the
countr! and mobili$e the entire nation against terrorism proscribed in this ActC
1. Direct the speed! investigation and prosecution of all persons accused or detained
for the crime of terrorism or conspirac! to commit terrorism and other offenses
punishable under this Act% and monitor the progress of their casesC
2. 7stablish and maintain comprehensive data#base information s!stems on terrorism%
terrorist activities% and counter#terrorism operationsC
D. Aree$e the funds propert!% bank deposits% placements% trust accounts% assets and
records belonging to a person suspected of or charged with the crime of terrorism or
conspirac! to commit terrorism% pursuant to .epublic Act <o. 98=0 otherwise known as
the Anti#Bone! 5aundering Act of 2008% as amendedC
=. Erant monetar! rewards and other incentives to informers who give vital information
leading to the apprehension% arrest% detention% prosecution% and conviction of person or
persons who are liable for the crime of terrorism or conspirac! to commit terrorismC
/. 7stablish and maintain coordination with and the cooperation and assistance of other
nations in the struggle against international terrorismC and
:. .e(uest the "upreme Court to designate specific divisions of the Court of Appeals
and regional trial courts in Banila% Cebu Cit! and Caga!an de @ro Cit!% as the case
ma! be% to handle all cases involving the crime of terrorism or conspirac! to commit
terrorism and all matters incident to said crimes. The "ecretar! of Fustice shall assign a
team of prosecutors from) *a+ 5u$on to handle terrorism cases filed in the regional trial
court in BanilaC *b+ from the 3isa!as to handle cases filed in Cebu Cit!C and *c+ from
Bindanao to handle cases filed in Caga!an de @ro Cit!.
SEC. ##. Role of the Coission on Huan Rights. The Commission on ?uman
.ights shall give the highest priorit! to the investigation and prosecution of violations of
civil and political rights of persons in relation to the implementation of this ActC and for
this purpose% the Commission shall have the concurrent 'urisdiction to prosecute public
officials% law enforcers% and other persons who ma! have violated the civil and political
rights of persons suspected of% accused of% or detained for the crime of terrorism or
conspirac! to commit terrorism.
SEC. #". Creation of a -rievance Coittee. There is hereb! created a Erievance
Committee composed of the @mbudsman% as chair% and the "olicitor Eeneral% and an
undersecretar! from the Department of Fustice *D@F+% as members% to receive and
evaluate complaints against the actuations of the police and law enforcement officials in
the implementation of this Act. The Committee shall hold office in Banila.
The Committee shall have three *1+ subcommittees that will be respectivel! headed b!
the Deput! @mbudsmen in 5u$on% the 3isa!as and Bindanao. The subcommittees shall
respectivel! hold office at the @ffices of Deput! @mbudsmen. Three *1+ Assistant
"olicitors Eeneral designated b! the "olicitor Eeneral% and the regional prosecutors of
the D@F assigned to the regions where the Deput! @mbudsmen hold office shall be
members thereof. The three *1+ subcommittees shall assist the Erievance Committee in
receiving% investigating and evaluating complaints against the police and other law
enforcement officers in the implementation of the Act. f the evidence warrants it% the!
ma! file the appropriate cases against the erring police and law enforcement officers.
;nless seasonabl! disowned or denounced b! the complainants% decisions or
'udgments in the said cases shall preclude the filing of other cases based on the same
cause or causes of action as those that were filed with the Erievance Committee or its
branches.
SEC. #%. Ban on &6traordinary Rendition. <o person suspected or convicted of the
crime of terrorism shall be sub'ected to e4traordinar! rendition to an! countr! unless his
or her testimon! is needed for terrorist related police investigations or 'udicial trials in
the said countr! and unless his or her human rights% including the right against torture%
and right to counsel% are officiall! assured b! the re(uesting countr! and transmitted
accordingl! and approved b! the Department of Fustice.
SEC. #5. &6tra'Territorial (pplication of this (ct. RST "ub'ect to the provision of an
e4isting treat! of which the 6hilippines is a signator! and to an! contrar! provision of
an! law of preferential application% the provisions of this Act shall appl!) *8+ to individual
persons who commit an! of the crimes defined and punished in this Act within the
terrestrial domain% interior waters% maritime $one% and airspace of the 6hilippinesC *2+ to
individual persons who% although ph!sicall! outside the territorial limits of the
6hilippines% commit% conspire or plot to commit an! of the crimes defined and punished
in this Act inside the territorial limits of the 6hilippinesC *1+ to individual persons who%
although ph!sicall! outside the territorial limits of the 6hilippines% commit an! of the said
crimes on board 6hilippine ship or 6hilippine airshipC *2+ to individual persons who
commit an! of said crimes within an! embass!% consulate% or diplomatic premises
belonging to or occupied b! the 6hilippine government in an official capacit!C *D+ to
individual persons who% although ph!sicall! outside the territorial limits of the
6hilippines% commit said crimes against 6hilippine citi$ens or persons of 6hilippine
descent% where their citi$enship or ethnicit! was a factor in the commission of the crimeC
and *=+ to individual persons who% although ph!sicall! outside the territorial limits of the
6hilippines% commit said crimes directl! against the 6hilippine government.
SEC. #. 5oint ,versight Coittee. There is hereb! created a Foint @versight
Committee to oversee the implementation of this Act.
The @versight Committee shall be composed of five *D+ members each from the "enate
and the ?ouse in addition to the Chairs of the Committees of 6ublic @rder of both
?ouses who shall also Chair the @versight Committee in the order specified herein. The
membership of the Committee for ever! ?ouse shall at least have two *2+ opposition or
minorit! members. The Foint @versight Committee shall have its own independent
counsel.
The Chair of the Committee shall rotate ever! si4 *=+ months with the "enate chairing it
for the first si4 *=+ months and the ?ouse for the ne4t si4 *=+ months. n ever! case% the
ranking opposition or minorit! member of the Committee shall be the 3ice Chair.
;pon the e4piration of one !ear after this Act is approved b! the 6resident% the
Committee shall review the Act particularl! the provisions that authori$e the surveillance
of suspects of or persons charged with the crime of terrorism. To that end% the
Committee shall summon the police and law enforcement officers and the members of
the Anti#Terrorism Council and re(uire them to answer (uestions from the members of
Congress and to submit a written report of the acts the! have done in the
implementation of the law including the manner in which the persons suspected of or
charged with the crime of terrorism have been dealt with in their custod! and from the
date when the movements of the latter were sub'ected to surveillance and his or her
correspondences% messages% conversations and the like were listened to or sub'ected
to monitoring% recording and tapping.
>ithout pre'udice to its submitting other reports% the Committee shall render a semi#
annual report to both ?ouses of Congress. The report ma! include where necessar! a
recommendation to reassess the effects of globali$ation on terrorist activities on the
people% provide a sunset clause to or amend an! portion of the Act or to repeal the Act
in its entiret!.
The courts dealing with anti#terrorism cases shall submit to Congress and the 6resident
a report ever! si4 *=+ months of the status of anti#terrorism cases that have been filed
with them starting from the date this Act is implemented.
SEC. "(. Separability Clause. RST f for an! reason an! part or provision of this Act is
declared unconstitutional or invalid% the other parts or provisions hereof which are not
affected thereb! shall remain and continue to be in full force and effect.
SEC. "!. Repealing Clause. RST All laws% decrees% e4ecutive orders% rules or regulations
or parts thereof% inconsistent with the provisions of this Act are hereb! repealed%
amended% or modified accordingl!.
SEC. "'. Special &ffectivity Clause. After the bill shall have been signed into law b!
the 6resident% the Act shall be published in three *1+ newspapers of national circulationC
three *1+ newspapers of local circulation% one each in locos <orte% -aguio Cit! and
6ampangaC three *1+ newspapers of local circulation% one each in Cebu% loilo and
TaclobanC and three *1+ newspapers of local circulation% one each in Caga!an de @ro%
Davao and Eeneral "antos Cit!.
The title of the Act and its provisions defining the acts of terrorism that are punished
shall be aired ever!da! at primetime for seven */+ da!s% morning% noon and night over
three *1+ national television and radio networksC three *1+ radio and television networks%
one each in Cebu% Tacloban and loiloC and in five *D+ radio and television networks% one
each in 5anao del "ur% Caga!an de @ro% Davao Cit!% Cotabato Cit! and Qamboanga
Cit!. The publication in the newspapers of local circulation and the announcements over
local radio and television networks shall be done in the dominant language of the
communit!.
After the publication re(uired above shall have been done% the Act shall take effect two
*2+ months after the elections are held in Ba! 200/.
Thereafter% the provisions of this Act shall be automaticall! suspended one month
before and two months after the holding of an! election.
Betro Banila
Fourteenth Congress
Begun and held in )etro )anila! on )onday! the t0enty'seventh day of 5uly! t0o
thousand nine.
REPUBLIC ACT N(. %.#
AN ACT PENALI>IN) TORTURE AN- OT*ER CRUEL& IN*U+AN AN-
-E)RA-IN) TREAT+ENT OR PUNIS*+ENT AN- PRESCRIBIN) PENALTIES
T*EREFOR
Congress assebled=
Se1tion !. Short Title. # This Ad shall be known as the AAnti+Torture Act of ?==:A.
Se1tion '. Stateent of Policy. # t is hereb! declared the polic! of the "tate)
*a+ To value the dignit! of ever! human person and guarantee full respect for
human rightsC
*b+ To ensure that the human rights of all persons% including suspects% detainees
and prisoners are respected at all timesC and that no person placed under
investigation or held in custod! of an! person in authorit! or% agent of a person
authorit! shall be sub'ected to ph!sical% ps!chological or mental harm% force%
violence% threat or intimidation or an! act that impairs his,her free wi88 or in an!
manner demeans or degrades human dignit!C
*c+ To ensure that secret detention places% solitar!% incommunicado or other
similar forms of detention% where torture ma! be carried out with impunit!% are
prohibitedC and
*d+ To full! adhere to the principles and standards on the absolute condemnation
and prohibition of torture as provided for in the 89:/ 6hilippine ConstitutionC
various international instruments to which the 6hilippines is a "tate part! such
as% but not limited to% the nternational Covenant on Civil and 6olitical .ights
*CC6.+% the Convention on the .ights of the Child *C.C+% the Convention on
the 7limination of All Aorms of Discrimination Against >omen *C7DA >+ and the
Convention Against Torture and @ther Cruel% nhuman or Degrading Treatment
or 6unishment *CAT+C and all other relevant international human rights
instruments to which the 6hilippines is a signator!.
Se1tion 3. Definitions. # Aor purposes of this Act% the following terms shall mean)
*a+ "Torture" refers to an act b! which severe pain or suffering% whether ph!sical
or mental% is intentionall! inflicted on a person for such purposes as obtaining
from him,her or a third person information or a confessionC punishing him,her for
an act he,she or a third person has committed or is suspected of having
committedC or intimidating or coercing him,her or a third personC or for an! reason
based on discrimination of an! kind% when such pain or suffering is inflicted b! or
at the instigation of or with the consent or ac(uiescence of a person in authorit!
or agent of a person in authorit!. t does not include pain or -uffering arising onl!
from% inherent in or incidental to lawful sanctions.
*b+ "@ther cruel% inhuman and degrading treatment or punishment" refers to a
deliberate and aggravated treatment or punishment not enumerated under
"ection 2 of this Act% inflicted b! a person in authorit! or agent of a person in
authorit! against a person under his,her custod!% which attains a level of severit!
causing suffering% gross humiliation or debasement to the latter.
*c+ "3ictim" refers to the person sub'ected to torture or other cruel% inhuman and
degrading treatment or punishment as defined above and an! individual who has
suffered harm as a result of an! act*s+ of torture% or other cruel% inhuman and
degrading treatment or punishment.
*d+ "@rder of -attle" refers to an! document or determination made b! the
militar!% police or an! law enforcement agenc! of the government% listing the
names of persons and organi$ations that it perceives to be enemies of the "tate
and that it considers as legitimate targets as combatants that it could deal with%
through the use of means allowed b! domestic and international law.
Se1tion .. (cts of Torture. # Aor purposes of this Act% torture shall include% but not be
limited to% the following)
*a+ 6h!sical torture is a form of treatment or punishment inflicted b! a person in
authorit! or agent of a person in authorit! upon another in his,her custod! that
causes severe pain% e4haustion% disabilit! or d!sfunction of one or more parts of
the bod!% such as)
*8+ "!stematic beating% headbanging% punching% kicking% striking with
truncheon or rifle butt or other similar ob'ects% and 'umping on the
stomachC
*2+ Aood deprivation or forcible feeding with spoiled food% animal or human
e4creta and other stuff or substances not normall! eatenC
*1+ 7lectric shockC
*2+ Cigarette burningC burning b! electricall! heated rods% hot oil% acidC b!
the rubbing of pepper or other chemical substances on mucous
membranes% or acids or spices directl! on the wound*s+C
*D+ The submersion of the head in water or water polluted with e4crement%
urine% vomit and,or blood until the brink of suffocationC
*=+ -eing tied or forced to assume fi4ed and stressful bodil! positionC
*/+ .ape and se4ual abuse% including the insertion of foreign ob'ects into
the se4 organ or rectum% or electrical torture of the genitalsC
*:+ Butilation or amputation of the essential parts of the bod! such as the
genitalia% ear% tongue% etc.C
*9+ Dental torture or the forced e4traction of the teethC
*80+ 6ulling out of fingernailsC
*88+ ?armful e4posure to the elements such as sunlight and e4treme coldC
*82+ The use of plastic bag and other materials placed over the head to
the point of asph!4iationC
*81+ The use of ps!choactive drugs to change the perception% memor!.
alertness or will of a person% such as)
*i+ The administration or drugs to induce confession and,or reduce mental
competenc!C or
*ii+ The use of drugs to induce e4treme pain or certain s!mptoms of a
diseaseC and
*82+ @ther analogous acts of ph!sical tortureC and
*b+ "Bental,6s!chological Torture" refers to acts committed b! a person in
authorit! or agent of a person in authorit! which are calculated to affect or
confuse the mind and,or undermine a person&s dignit! and morale% such as)
*8+ -lindfoldingC
*2+ Threatening a person*s+ or his,fher relative*s+ with bodil! harm%
e4ecution or other wrongful actsC
*1+ Confinement in solitar! cells or secret detention placesC
*2+ 6rolonged interrogationC
*D+ 6reparing a prisoner for a "show trial"% public displa! or public
humiliation of a detainee or prisonerC
*=+ Causing unscheduled transfer of a person deprived of libert! from one
place to another% creating the belief that he,she shall be summaril!
e4ecutedC
*/+ Baltreating a member,s of a person&s famil!C
*:+ Causing the torture sessions to be witnessed b! the person&s famil!%
relatives or an! third part!C
*9+ Denial of sleep,restC
*80+ "hame infliction such as stripping the person naked% parading him,her
in public places% shaving the victim&s head or putting marks on his,her
bod! against his,her willC
*88+ Deliberatel! prohibiting the victim to communicate with an! member
of his,her famil!C and
*82+ @ther analogous acts of mental,ps!chological torture.
Se1tion #. ,ther Cruel! $nhuan and Degrading Treatent or Punishent. # @ther
cruel% inhuman or degrading treatment or punishment refers to a deliberate and
aggravated treatment or punishment not enumerated under "ection 2 of this Act%
inflicted b! a person in authorit! or agent of a person in authorit! against another person
in custod!% which attains a level of severit! sufficient to cause suffering% gross
humiliation or debasement to the latter. The assessment of the level of severit! shall
depend on all the circumstances of the case% including the duration of the treatment or
punishment% its ph!sical and mental effects and% in some cases% the se4% religion% age
and state of health of the victim.
Se1tion ". 1reedo fro Torture and ,ther Cruel! $nhuan and Degrading Treatent
or Punishent! (n (bsolute Bight. # Torture and other cruel% inhuman and degrading
treatment or punishment as criminal acts shall appl! to all circumstances. A state of war
or a threat of war% internal political instabilit!% or an! other public emergenc!% or a
document or an! determination comprising an "order of battle" shall not and can never
be invoked as a 'ustification for torture and other cruel% inhuman and degrading
treatment or punishment.
Se1tion %. Prohibited Detention. # "ecret detention places% solitar! confinement%
incommunicado or other similar forms of detention% where torture ma! be carried out
with impunit!. Are hereb! prohibited.
n which case% the 6hilippine <ational 6olice *6<6+% the Armed Aorces of the 6hilippines
*AA6+ and other law enforcement. agencies concerned shall make an updated list of all
detention centers and facilities under their respective 'urisdictions with the
corresponding data on the prisoners or detainees incarcerated or detained therein such
as% among others% names% date of arrest and incarceration% and the crime or offense
committed. This list shall be made available to the public at all times% with a cop! of the
complete list available at the respective national head(uarters of the 6<6 and AA6. A
cop! of the complete list shall likewise be submitted b! the 6<6% AA6 and all other law
enforcement agencies to the Commission on ?uman .ights *C?.+% such list to be
periodicall! updated% b! the same agencies% within the first five *D+ da!s of ever! month
at the minimum. 7ver! regional office of the 6<6% AA6 and other law enforcement
agencies shall also maintain a similar list far all detainees and detention facilities within
their respective areas% and shall make the same available to the public at all times at
their respective regional head(uarters% and submit a cop!. updated in the same manner
provided above% to the respective regional offices of the C?..
Se1tion 5. (pplicability of the &6clusionary Rule9 &6ception. # An! confession%
admission or statement obtained as a result of torture shall be inadmissible in evidence
in an! proceedings% e4cept if the same is used as evidence against a person or persons
accused of committing torture.
Se1tion . $nstitutional Protection of Torture *ictis and ,ther Persons $nvolved. # A
victim of torture shall have the following rights in the institution of a criminal complaint
for torture)
*a+ To have a prompt and an impartial investigation b! the C?. and b! agencies
of government concerned such as the Department of Fustice *D@F+% the 6ublic
Attorne!&s @ffice *6A@+% the 6<6% the <ational -ureau of nvestigation *<-+ and
the AA6. A prompt investigation shall mean a ma4imum period of si4t! *=0+
working da!s from the time a complaint for torture is filed within which an
investigation report and,or resolution shall be completed and made available. An
appeal whenever available shall be resolved within the same period prescribed
herein%
*b+ To have sufficient government protection against all forms of harassmentC
threat and,or intimidation as a conse(uence of the filing of said complaint or the
presentation of evidence therefor. n which case% the "tate through its
appropriate agencies shall afford securit! in order to ensure his,her safet! and all
other persons involved in the investigation and prosecution such as% but not
limited to% his,her law!er% witnesses and relativesC and
*c+ To be accorded sufficient protection in the manner b! which he,she testifies
and presents evidence in an! fora in order to avoid further trauma.
Se1tion !(. Disposition of 7rits of Habeas Corpus! (paro and Habeas Data
Proceedings and Copliance 0ith a 5udicial ?@8der. # A writ of habeas corpus or writ of
amparo or writ of habeas data proceeding% if an!% filed on behalf of the victim of torture
or other cruel% degrading and inhuman treatment or punishment shall be disposed of
e4peditiousl! and an! order of release b! virtue thereof% or other appropriate order of a
court relative thereto% shall be e4ecuted or complied with immediatel!.
Se1tion !!. (ssistance in 1iling a Coplaint. # The C?. and the 6A@ 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 an! interested part! thereto.
The victim or interested part! ma! also seek legal assistance from the -aranga! ?uman
.ights Action Center *-..AC+ nearest him,her as well as from human rights
nongovernment organi$ations *<E@s+.
Se1tion !'. Right to8 Physical! )edical and Psychological &6aination. # -efore and
after interrogation% ever! person arrested% detained or under custodial investigation shall
have the right to he informed of his,her right to demand ph!sical e4amination b! an
independent and competent doctor of his,her own choice. f such person cannot afford
the services of his,her own doctor% he,she shall he provided b! the "tate with a
competent and independent doctor to conduct ph!sical e4amination. The "tate shall
endeavor to provide the victim with ps!chological evaluation if available under the
circumstances. f the person arrested is a female% she shall be attended to preferabl! b!
a female doctor. Aurthermore% an! person arrested% detained or under custodial
investigation% including his,her immediate famil!% shall have the right to immediate
access to proper and ade(uate medical treatment. The ph!sical e4amination and,or
ps!chological evaluation of the victim shall be contained in a medical report% dul! signed
b! the attending ph!sician% which shall include in detail his,her medical histor! and
findings% and which shall he attached to the custodial investigation report. "uch report
shall be considered a public document.
Aollowing applicable protocol agreed upon b! agencies tasked to conduct ph!sical%
ps!chological and mental e4aminations% the medical reports shall% among others%
include)
*a+ The name% age and address of the patient or victimC
*b+ The name and address of the nearest kin of the patient or victimC
*c+ The name and address of the person who brought the patient or victim for
ph!sical% ps!chological and mental e4amination% and,or medical treatmentC
*d+ The nature and probable cause of the patient or victim&s in'ur!% pain and
disease and,or traumaC
*e+ The appro4imate time and date when the in'ur!% pain% disease and,or trauma
was,were sustainedC
*f+ The place where the in'ur!% pain% disease and,or trauma was,were sustainedC
*g+ The time% date and nature of treatment necessar!C and
*h+ The diagnosis% the prognosis and,or disposition of the patient.
An! person who does not wish to avail of the rights under this prXClvision ma! knowingl!
and voluntaril! waive such rights in writing% e4ecuted in the presence and assistance of
his,her counsel.
Se1tion !3. 7ho are Criinally Liable. # An! person who actuall! participated @r
induced another in the commission of torture or other cruel% inhuman and degrading
treatment or punishment or who cooperated in the e4ecution of the act of torture or
other cruel% inhuman and degrading treatment or punishment b! previous or
simultaneous acts shall be liable as principal
An! superior militar!% police or law enforcement officer or senior government official who
issued an order to an! lower ranking personnel to commit torture for whatever purpose
shall be held e(uall! liable as principals.
The immediate commanding officer of the unit concerned of the AA6 or the immediate
senior public official of the 6<6 and other law enforcement agencies shall be held liable
as a principal to the crime of torture or other cruel or inhuman and degrading treatment
or punishment for an! act or omission% or negligence committed b! him,her that shall
have led% assisted% abetted or allowed% whether directl! or indirectl!% the commission
thereof b! his,her subordinates. f 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 shall be committed% is being
committed% or has been committed b! his,her subordinates or b! others within his,her
area of responsibilit! and% despite such knowledge% did not take preventive or corrective
action either before% during or immediatel! after its commission% when he,she has the
authorit! 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 deliberatel! or due to negligence shall also be liable as principals.
An! public officer or emplo!ee shall be liable as an accessor! if he,she has knowledge
that torture or other cruel% inhuman and degrading treatment or punishment is being
committed and without having participated therein% either as principal or accomplice%
takes part subse(uent to its commission in an! of the following manner)
*a+ -! themselves profiting from or assisting the offender to profit from the effects
of the act of torture or other cruel% inhuman and degrading treatment or
punishmentC
*b+ -! concealing the act of torture or other cruel% inhuman and degrading
treatment or punishment and,or destro!ing the effects or instruments thereof in
order to prevent its discover!C or*c+ -! harboring% concealing or assisting m the
escape of the principal,s in the act of torture or other cruel% inhuman and
degrading treatment or punishment) 6rovided% That the accessor! acts are done
with the abuse of the official&s public functions.
Se1tion !.. Penalties. # *a+ The penalt! of reclusion perpetua shall be imposed upon
the perpetrators of the following acts)
*8+ Torture resulting in the death of an! personC
*2+ Torture resulting in mutilationC
*1+ Torture with rapeC
*2+ Torture with other forms of se4ual abuse and% in conse(uence of
torture% the victim shall have become insane% imbecile% impotent% blind or
maimed for lifeC and
*D+ Torture committed against children.
*b+ The penalt! of reclusion temporal shall be imposed on those who commit an!
act of mental,ps!chological torture resulting in insanit!% complete or partial
amnesia% fear of becoming insane or suicidal tendencies of the victim due to guilt%
worthlessness or shame.
*c+ The penalt! of prision correccional shall be imposed on those who commit
an! act of torture resulting in ps!chological% mental and emotional harm other
than those described 8n paragraph *b+ of this section. &
*d+ The penalt! of prision ma!or in its medium and ma4imum periods shall be
imposed if% in conse(uence of torture% the victim shall have lost the power of
speech or the power to hear or to smellC or shall have lost an e!e% a hand% a foot%
an arm or a legC or shall have lost the use of an! such memberC @r shall have
become permanentl! incapacitated for labor.
*e+ The penalt! of prision ma!or in its minimum and medium periods shall be
imposed if% in conse(uence of torture% the victim shall have become deformed or
shall have lost an! part of his,her bod! other than those aforecited% or shall have
lost the use thereof% or shall have been ill or incapacitated for labor for a period of
more than ninet! *90+ da!s.
*f+ The penalt! of prision correccional in its ma4imum period to prision ma!or in
its minimum period shall be imposed if% in conse(uence of torture% the victim shall
have been ill or incapacitated for labor for mare than thirt! *10+ da!s but not more
than ninet! *90+ da!s.
*g+ The penalt! of prision correccional in its minimum and medium period shall be
imposed if% in conse(uence of torture% the victim shall have been ill or
incapacitated for labor for thirt! *10+ da!s or less.
*h+ The penalt! of arresto ma!or shall be imposed for acts constituting cruel%
inhuman or degrading treatment or punishment as defined in "ection D of this
Act.
*i+ The penalt! of prision correccional shall be imposed upon those who
establish% operate and maintain secret detention places and,or effect or cause to
effect solitar! confinement% incommunicado or other similar forms of prohibited
detention as provided in "ection / of this Act where torture ma! be carried out
with impunit!.
*'+ The penalt! of arresto ma!or shall be imposed upon the responsible officers or
personnel of the AA6% the 6<6 and other law enforcement agencies for failure to
perform his,her dut! 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 therein% pursuant to "ection / of
this Act.
Se1tion !#. Torture as a Separate and $ndependent Crie. # Torture as a crime shall
not absorb or shall not be absorbed b! an! other crime or felon! committed as a
conse(uence% or as a means in the conduct or commission thereof. n which case%
torture shall be treated as a separate and independent criminal act whose penalties
shall be imposable without pre'udice to an! other criminal liabilit! provided for b!
domestic and international laws.
Se1tion !". &6clusion fro the Coverage of Special (nesty La0. # n order not to
depreciate the crime of torture% persons who have committed an! act of torture shall not
benefit from an! special amnest! law or similar measures that will have the effect of
e4empting them from an! criminal proceedings and sanctions.
Se1tion !%. (pplicability of Refouler. # <o person shall be e4pelled% returned or
e4tradited to another "tate where there are substantial grounds to believe that such
person shall be in danger of being sub'ected to torture. Aor the purposes of determining
whether such grounds e4ist% the "ecretar! of the Department of Aoreign Affairs *DAA+
and the "ecretar! of the D@F% in coordination with the Chairperson of the C?.% shall
take into account all relevant considerations including% where applicable and not limited
to% the e4istence in the re(uesting "tate of a consistent pattern of gross% flagrant or
mass violations of human rights.
Se1tion !5. Copensation to *ictis of Torture. # An! person who has suffered torture
shall have the right to claim for compensation as provided for under .epublic Act <o.
/109) 6rovided% That in no case shall compensation be an! lower than Ten thousand
pesos *680%000.00+. 3ictims of torture shall also have the right to claim for
compensation from such other financial relief programs that ma! be made available to
him,her under e4isting law and rules and regulations.
Se1tion !. 1orulation of a Rehabilitation Progra. # >ithin one *8+ !ear from the
effectivit! of this Act% the Department of "ocial >elfare and Development *D">D+% the
D@F and the Department of ?ealth *D@?+ and such other concerned government
agencies% and human rights organi$ations shall formulate a comprehensive
rehabilitation program for victims of torture and their families. The D">D% the D@F and
thc D@? shall also call on human rights nongovernment organi$ations dul! recogni$ed
b! the government to activel! participate in the formulation of such program that shall
provide for the ph!sical% mental% social% ps!chological healing and development of
victims of torture and their families. Toward the attainment of restorative 'ustice% a
parallel rehabilitation program for persons who have committed torture and other cruel%
inhuman and degrading punishment shall likewise be formulated b! the same agencies.
Se1tion '(. )onitoring of Copliance 0ith this (ct. # An @versight Committee is hereb!
created to periodicall! oversee the implementation of this Act. The Committee shall be
headed b! a Commissioner of the C..% with the following as members) the
Chairperson of the "enate Committee on Fustice and ?uman .ights% the respective
Chairpersons of the ?ouse of .epresentatives& Committees on Fustice and ?uman
.ights% and the Binorit! 5eaders of both houses or their respective representatives in
the minorit!.
Se1tion '!. &ducation and $nforation Capaign. # The C?.% the D@F% the
Department of <ational Defense *D<D+% the Department of the nterior and 5ocal
Eovernment *D5E+ and such other concerned parties in both the public and private
sectors shall ensure that education and information regarding prohibition against torture
and other cruel% inhuman and degrading treatment or punishment shall be full! included
in the training of law enforcement personnel% civil or militar!% medical personnel% public
officials and other persons who ma! be involved in the custod!% interrogation or
treatment of an! individual sub'ected to an! form of arrest% detention or imprisonment.
The Department of 7ducation *Dep7D+ and the Commission on ?igher 7ducation
*C?7D+ shall also ensure the integration of human rights education courses in all
primar!% secondar! and tertiar! level academic institutions nationwide.
Se1tion ''. (pplicability of the Revised Penal Code. # The provisions of the .evised
6enal Code insofar as the! are applicable shall be suppletor! to this Act. Boreover% if
the commission of an! crime punishable under Title 7ight *Crimes Against 6ersons+ and
Title <ine *Crimes Against 6ersonal 5ibert! and "ecurit!+ of the .evised 6enal Code is
attended b! an! of the acts constituting torture and other cruel% inhuman and degrading
treatment or punishment as defined herein% the penalt! to be imposed shall be in its
ma4imum period.
Se1tion '3. (ppropriations. # The amount of Aive million pesos *6hpD%000%000.00+ is
hereb! appropriated to the C?. for the initial implementation of tills Act. Thereafter%
such sums as ma! be necessar! for the continued implementation of this Act shall be
included in the annual Eeneral Appropriations Act.
Se1tion '.. $pleenting Rules and Regulations. # The D@F and the C?.% with the
active participation of human rights nongovernmental organi$ations% shall promulgate
the rules and regulations for the effective implementation of tills Act. The! shall also
ensure the full dissemination of such rules and regulations to all officers and members
of various law enforcement agencies.
Se1tion '#. Separability Clause. # f an! provision of this Act is declared invalid or
unconstitutional% the other provisions not affected thereb! shall continue to be in full
force and effect.
Se1tion '". Repealing Clause. # All laws% decrees% e4ecutive orders or rules and
regulations contrar! to or inconsistent with the provisions of this Act are hereb!
repealed or modified accordingl!.
Se1tion '%. &ffectivity. # This Act shall take effect fifteen *8D+ da!s after its publication in
the @fficial Ea$ette or in at least two *2+ newspapers of general circulation.
Approved%
*"gd.+ PROSPERO C.
NO)RALES
.epresentatives
*"gd.+ $UAN PONCE ENRILE
This Act which is a consolidation of ?ouse -ill <o. D/09 and "enate -ill <o. 89/: was
finall! passed b! the ?ouse of .epresentatives and the "enate on "eptember 2%2009.
*"gd.+ +ARIL=N B. BARUA8
=AP
"ecretar! Eeneral
?ouse of .epresentives
*"gd.+ E++A LIRIO8RE=ES
"ecretar! of "enate
Approved) No:e2;er !(& '((
*"gd.+ )LORIA +ACAPA)AL8ARRO=O
Betro Banila
Twelfth Congress
-egun held in Betro Banila on Bonda!% the twent!#second da! of Ful!% two thousand
two
Repu;li1 A1t No. '(5 +a7 '"& '((3
AN ACT TO INSTITUTE POLICIES TO ELI+INATE TRAFFIC0IN) IN PERSONS
ESPECIALL= /O+EN AN- C*IL-REN& ESTABLIS*IN) T*E NECESSAR=
INSTITUTIONAL +EC*ANIS+S FOR T*E PROTECTION AN- SUPPORT OF
TRAFFIC0E- PERSONS& PRO,I-IN) PENALTIES FOR ITS ,IOLATIONS& AN-
FOR OT*ER
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assebled)
Se1tion !. Title. This Act shall be known as the DAnti8Traffi19ing in Persons A1t of
'((3D.
Se1tion '. Declaration of Policy. t is hereb! declared that the "tate values the dignit!
of ever! human person and guarantees the respect of individual rights. n pursuit of this
polic!% the "tate shall give highest priorit! to the enactment of measures and
development of programs that will promote human dignit!% protect the people from an!
threat of violence and e4ploitation% eliminate trafficking in persons% and mitigate
pressures for involuntar! migration and servitude of persons% not onl! to support
trafficked persons but more importantl!% to ensure their recover!% rehabilitation and
reintegration into the mainstream of societ!.
t shall be a "tate polic! to recogni$e the e(ual rights and inherent human dignit! of
women and men as enshrined in the ;nited <ations ;niversal Declaration on ?uman
.ights% ;nited <ations Convention on the .ights of the Child% ;nited <ations
Convention on the 6rotection of Bigrant >orkers and their Aamilies. ;nited <ations
Convention Against Transnational @rgani$ed Crime ncluding its 6rotocol to 6revent%
"uppress and 6unish Trafficking in 6ersons% 7speciall! >omen and Children and all
other relevant and universall! accepted human rights instruments and other
international conventions to which the 6hilippines is a signator!.
Se1tion 3. Definition of Ters. # As used in this Act)
*a+ Traffic2ing in Persons # refers to the recruitment% transportation% transfer or
harboring% or receipt of persons with or without the victim&s consent or
knowledge% within or across national borders b! 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 vulnerabilit! of the person% or% the giving or
receiving of pa!ments or benefits to achieve the consent of a person having
control over another person for the purpose of e4ploitation which includes at a
minimum% the e4ploitation or the prostitution of others or other forms of se4ual
e4ploitation% forced labor or services% slaver!% servitude or the removal or sale of
organs.
The recruitment% transportation% transfer% harboring or receipt of a child for the
purpose of e4ploitation shall also be considered as "trafficking in persons" even if
it does not involve an! of the means set forth in the preceding paragraph.
*b+ Child # refers to a person below eighteen *8:+ !ears of age or one who is over
eighteen *8:+ but is unable to full! take care of or protect himself,herself from
abuse% neglect% cruelt!% e4ploitation% or discrimination because of a ph!sical or
mental disabilit! or condition.
*c+ Prostitution # refers to an! act% transaction% scheme or design involving the
use of a person b! another% for se4ual intercourse or lascivious conduct in
e4change for mone!% profit or an! other consideration.
*d+ 1orced Labor and Slavery # refer to the e4traction of work or services from
an! person b! means of enticement% violence% intimidation or threat% use of force
or coercion% including deprivation of freedom% abuse of authorit! or moral
ascendanc!% debt#bondage or deception.
*e+ Se6 Touris # refers to a program organi$ed b! travel and tourism#related
establishments and individuals which consists of tourism packages or activities%
utili$ing and offering escort and se4ual services as enticement for tourists. This
includes se4ual services and practices offered during rest and recreation periods
for members of the militar!.
*f+ Se6ual &6ploitation # refers to participation b! a person in prostitution or the
production of pornographic materials as a result of being sub'ected to a threat%
deception% coercion% abduction% force% abuse of authorit!% debt bondage% fraud or
through abuse of a victim&s vulnerabilit!.
*g+ Debt Bondage # refers to the pledging b! the debtor of his,her personal
services or labor or those of a person under his,her control as securit! or
pa!ment for a debt% when the length and nature of services is not clearl! defined
or when the value of the services as reasonabl! assessed is not applied toward
the li(uidation of the debt.
*h+ Pornography # refers to an! representation% through publication% e4hibition%
cinematograph!% indecent shows% information technolog!% or b! whatever means%
of a person engaged in real or simulated e4plicit se4ual activities or an!
representation of the se4ual parts of a person for primaril! se4ual purposes.
*i+ Council # shall mean the nter#Agenc! Council Against Trafficking created
under "ection 20 of this Act.
Se1tion .. (cts of Traffic2ing in Persons. # t shall be unlawful for an! person% natural or
'uridical% to commit an! of the following acts)
*a+ To recruit% transport% transferC harbor% provide% or receive a person b! an!
means% including those done under the prete4t of domestic or overseas
emplo!ment or training or apprenticeship% for the purpose of prostitution%
pornograph!% se4ual e4ploitation% forced labor% slaver!% involuntar! servitude or
debt bondageC
*b+ To introduce or match for mone!% profit% or material% economic or other
consideration% an! person or% as provided for under .epublic Act <o. =9DD% an!
Ailipino woman to a foreign national% for marriage for the purpose of ac(uiring%
bu!ing% offering% selling or trading him,her to engage in prostitution% pornograph!%
se4ual e4ploitation% forced labor% slaver!% involuntar! servitude or debt bondageC
*c+ To offer or contract marriage% real or simulated% for the purpose of ac(uiring%
bu!ing% offering% selling% or trading them to engage in prostitution% pornograph!%
se4ual e4ploitation% forced labor or slaver!% involuntar! servitude or debt
bondageC
*d+ To undertake or organi$e tours and travel plans consisting of tourism
packages or activities for the purpose of utili$ing and offering persons for
prostitution% pornograph! or se4ual e4ploitationC
*e+ To maintain or hire a person to engage in prostitution or pornograph!C
*f+ To adopt or facilitate the adoption of persons for the purpose of prostitution%
pornograph!% se4ual e4ploitation% forced labor% slaver!% involuntar! servitude or
debt bondageC
*g+ To recruit% hire% adopt% transport or abduct a person% b! means of threat or
use of force% fraud% deceit% violence% coercion% or intimidation for the purpose of
removal or sale of organs of said personC and
*h+ To recruit% transport or adopt a child to engage in armed activities in the
6hilippines or abroad.
Se1tion #. (cts that Proote Traffic2ing in Persons. # The following acts which promote
or facilitate trafficking in persons% shall be unlawful)
*a+ To knowingl! lease or sublease% use or allow to be used an! house% building
or establishment for the purpose of promoting trafficking in personsC
*b+ To produce% print and issue or distribute unissued% tampered or fake
counseling certificates% registration stickers and certificates of an! government
agenc! which issues these certificates and stickers as proof of compliance with
government regulator! and pre#departure re(uirements for the purpose of
promoting trafficking in personsC
*c+ To advertise% publish% print% broadcast or distribute% or cause the
advertisement% publication% printing% broadcasting or distribution b! an! means%
including the use of information technolog! and the internet% of an! brochure%
fl!er% or an! propaganda material that promotes trafficking in personsC
*d+ To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the ac(uisition of clearances and necessar! e4it documents from
government agencies that are mandated to provide pre#departure registration
and services for departing persons for the purpose of promoting trafficking in
personsC
*e+ To facilitate% assist or help in the e4it and entr! of persons from,to the countr!
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 personsC
*f+ To confiscate% conceal% or destro! the passport% travel documents% or personal
documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the countr! or seeking redress from the government or
appropriate agenciesC and
*g+ To knowingl! benefit from% financial or otherwise% or make use of% the labor or
services of a person held to a condition of involuntar! servitude% forced labor% or
slaver!.
Se1tion ". 4ualified Traffic2ing in Persons. # The following are considered as (ualified
trafficking)
*a+ >hen the trafficked person is a childC
*b+ >hen the adoption is effected through .epublic Act <o. :021% otherwise
known as the "nter#Countr! Adoption Act of 899D" and said adoption is for the
purpose of prostitution% pornograph!% se4ual e4ploitation% forced labor% slaver!%
involuntar! servitude or debt bondageC
*c+ >hen the crime is committed b! a s!ndicate% or in large scale. Trafficking is
deemed committed b! a s!ndicate if carried out b! a group of three *1+ or more
persons conspiring or confederating with one another. t is deemed committed in
large scale if committed against three *1+ or more persons% individuall! or as a
groupC
*d+ >hen the offender is an ascendant% parent% sibling% guardian or a person who
e4ercises authorit! over the trafficked person or when the offense is committed
b! a public officer or emplo!eeC
*e+ >hen the trafficked person is recruited to engage in prostitution with an!
member of the militar! or law enforcement agenciesC
*f+ >hen the offender is a member of the militar! or law enforcement agenciesC
and
*g+ >hen b! reason or on occasion of the act of trafficking in persons% the
offended part! dies% becomes insane% suffers mutilation or is afflicted with ?uman
mmunodeficienc! 3irus *?3+ or the Ac(uired mmune Deficienc! "!ndrome
*AD"+.
Se1tion ". Confidentiality. # At an! stage of the investigation% prosecution and trial of an
offense under this Act% law enforcement officers% prosecutors% 'udges% court personnel
and medical practitioners% as well as parties to the case% shall recogni$e the right to
privac! of the trafficked person and the accused. Towards this end% law enforcement
officers% prosecutors and 'udges to whom the complaint has been referred ma!%
whenever necessar! 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 of
the accused% or an! other information tending to establish their identities and such
circumstances or information shall not be disclosed to the public.
n cases when prosecution or trial is conducted behind closed#doors% it shall be unlawful
for an! 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 industr!% or an! person utili$ing tri#media facilities or information
technolog! to cause publicit! of an! case of trafficking in persons.
Se1tion 5. Prosecution of Cases. # An! person who has personal knowledge of the
commission of an! offense under this Act% the trafficked person% the parents% spouse%
siblings% children or legal guardian ma! file a complaint for trafficking.
Se1tion . *enue. # A criminal action arising from violation of this Act shall be filed
where the offense was committed% or where an! of its elements occurred% or where the
trafficked person actuall! resides at the time of the commission of the offense) Provided%
That the court where the criminal action is first filed shall ac(uire 'urisdiction to the
e4clusion of other courts.
Se1tion !(. Penalties and Sanctions. # The following penalties and sanctions are
hereb! established for the offenses enumerated in this Act)
*a+ An! person found guilt! of committing an! of the acts enumerated in "ection
2 shall suffer the penalt! of imprisonment of twent! *20+ !ears and a fine of not
less than @ne million pesos *68%000%000.00+ but not more than Two million
pesos *62%000%000.00+C
*b+ An! person found guilt! of committing an! of the acts enumerated in "ection
D shall suffer the penalt! of imprisonment of fifteen *8D+ !ears and a fine of not
less than Aive hundred thousand pesos *6D00%000.00+ but not more than @ne
million pesos *68%000%000.00+C
*c+ An! person found guilt! of (ualified trafficking under "ection = shall suffer the
penalt! of life imprisonment and a fine of not less than Two million pesos
*62%000%000.00+ but not more than Aive million pesos *6D%000%000.00+C
*d+ An! person who violates "ection / hereof shall suffer the penalt! of
imprisonment of si4 *=+ !ears and a fine of not less than Aive hundred thousand
pesos *6D00%000.00+ but not more than @ne million pesos *68%000%000.00+C
*e+ f the offender is a corporation% partnership% association% club% establishment
or an! 'uridical person% the penalt! shall be imposed upon the owner% president%
partner% manager% and,or an! responsible officer who participated in the
commission of the crime or who shall have knowingl! permitted or failed to
prevent its commissionC
*f+ The registration with the "ecurities and 74change Commission *"7C+ and
license to operate of the erring agenc!% corporation% association% religious group%
tour or travel agent% club or establishment% or an! place of entertainment shall be
cancelled and revoked permanentl!. The owner% president% partner or manager
thereof shall not be allowed to operate similar establishments in a different nameC
*g+ f the offender is a foreigner% he shall be immediatel! deported after serving
his sentence and be barred permanentl! from entering the countr!C
*h+ An! emplo!ee or official of government agencies who shall issue or approve
the issuance of travel e4it clearances% passports% registration certificates%
counseling certificates% marriage license% and other similar documents to
persons% whether 'uridical or natural% recruitment agencies% establishments or
other individuals or groups% who fail to observe the prescribed procedures and
the re(uirement as provided for b! laws% rules and regulations% shall be held
administrativel! liable% without pre'udice to criminal liabilit! under this Act. The
concerned government official or emplo!ee shall% upon conviction% be dismissed
from the service and be barred permanentl! to hold public office. ?is,her
retirement and other benefits shall likewise be forfeitedC and
*i+ Conviction b! final 'udgment of the adopter for an! offense under this Act shall
result in the immediate rescission of the decree of adoption.
Se1tion !!. .se of Traffic2ed Persons. # An! person who bu!s or engages the services
of trafficked persons for prostitution shall be penali$ed as follows)
*a+ Airst offense # si4 *=+ months of communit! service as ma! be determined b!
the court and a fine of Aift! thousand pesos *6D0%000.00+C and
*b+ "econd and subse(uent offenses # imprisonment of one *8+ !ear and a fine of
@ne hundred thousand pesos *6800%000.00+.
Se1tion !'. Prescriptive Period. # Trafficking cases under this Act shall prescribe in ten
*80+ !ears) Provided! ho0ever! That trafficking cases committed b! a s!ndicate or in a
large scale as defined under "ection = shall prescribe in twent! *20+ !ears.
The prescriptive period shall commence to run from the da! on which the trafficked
person is delivered or released from the conditions of bondage and shall be interrupted
b! the filing of the complaint or information and shall commence to run again when such
proceedings terminate without the accused being convicted or ac(uitted or are
un'ustifiabl! stopped for an! reason not imputable to the accused.
Se1tion !3. &6eption fro 1iling 1ees. # >hen the trafficked person institutes a
separate civil action for the recover! of civil damages% he,she shall be e4empt from the
pa!ment of filing fees.
Se1tion !.. Confiscation and 1orfeiture of the Proceeds and $nstruents Derived fro
Traffic2ing in Persons. # n addition to the penalt! imposed for the violation of this Act%
the court shall order the confiscation and forfeiture% in favor of the government% of all the
proceeds and properties derived from the commission of the crime% unless the! are the
propert! of a third person not liable for the unlawful actC Provided! ho0ever! That all
awards for damages shall be taken from the personal and separate properties of the
offenderC Provided! further! That if such properties are insufficient% the balance shall be
taken from the confiscated and forfeited properties.
>hen the proceeds% properties and instruments of the offense have been destro!ed%
diminished in value or otherwise rendered worthless b! an! act or omission% directl! or
indirectl!% of the offender% or it has been concealed% removed% converted or transferred
to prevent the same from being found or to avoid forfeiture or confiscation% the offender
shall be ordered to pa! the amount e(ual to the value of the proceeds% propert! or
instruments of the offense.
Se1tion !#. Trust 1und. # All fines imposed under this Act and the proceeds and
properties forfeited and confiscated pursuant to "ection 82 hereof shall accrue to a
Trust Aund to be administered and managed b! the Council to be used e4clusivel! for
programs that will prevent acts of trafficking and protect% rehabilitate% reintegrate
trafficked persons into the mainstream of societ!. "uch programs shall include% but not
limited to% the following)
*a+ 6rovision for mandator! services set forth in "ection 21 of this ActC
*b+ "ponsorship of a national research program on trafficking and establishment
of a data collection s!stem for monitoring and evaluation purposesC
*c+ 6rovision of necessar! technical and material support services to appropriate
government agencies and non#government organi$ations *<E@s+C
*d+ "ponsorship of conferences and seminars to provide venue for consensus
building amongst the public% the academe% government% <E@s and international
organi$ationsC and
*e+ 6romotion of information and education campaign on trafficking.
Se1tion !". Progras that (ddress Traffic2ing in Persons. # The government shall
establish and implement preventive% protective and rehabilitative programs for trafficked
persons. Aor this purpose% the following agencies are hereb! mandated to implement
the following programsC
*a+ Department of Aoreign Affairs *DAA+ # shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entr! to the
receiving countr!% and e4plore means to further enhance its assistance in
eliminating trafficking activities through closer networking with government
agencies in the countr! and overseas% particularl! in the formulation of policies
and implementation of relevant programs.
The DAA shall take necessar! measures for the efficient implementation of the
Bachine .eadable 6assports to protect the integrit! of 6hilippine passports%
visas and other travel documents to reduce the incidence of trafficking through
the use of fraudulent identification documents.
t shall establish and implement a pre#marriage% on#site and pre#departure
counseling program on intermarriages.
*b+ Department of "ocial >elfare and Development *D">D+ # shall implement
rehabilitative and protective programs for trafficked persons. t shall provide
counseling and temporar! shelter to trafficked persons and develop a s!stem for
accreditation among <E@s for purposes of establishing centers and programs
for intervention in various levels of the communit!.
*c+ Department of 5abor and 7mplo!ment *D@57+ # shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
emplo!ment of persons locall! and overseas. t shall likewise monitor% document
and report cases of trafficking in persons involving emplo!ers and labor
recruiters.
*d+ Department of Fustice *D@F+ # shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. t shall also establish a mechanism for
free legal assistance for trafficked persons% in coordination with the D">D%
ntegrated -ar of the 6hilippines *-6+ and other <E@s and volunteer groups.
*e+ <ational Commission on the .ole of Ailipino >omen *<C.A>+ # shall activel!
participate and coordinate in the formulation and monitoring of policies
addressing the issue of trafficking in persons in coordination with relevant
government agencies. t shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocac! for women&s
issues.
*f+ -ureau of mmigration *-+ # shall strictl! administer and enforce immigration
and alien administration laws. t shall adopt measures for the apprehension of
suspected traffickers both at the place of arrival and departure and shall ensure
compliance b! the Ailipino fiancYs,fiancYes and spouses of foreign nationals with
the guidance and counseling re(uirement as provided for in this Act.
*g+ 6hilippine <ational 6olice *6<6+ # shall be the primar! law enforcement
agenc! to undertake surveillance% investigation and arrest of individuals or
persons suspected to be engaged in trafficking. t shall closel! coordinate with
various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. t shall also establish a
s!stem to receive complaints and calls to assist trafficked persons and conduct
rescue operations.
*h+ 6hilippine @verseas 7mplo!ment Administration *6@7A+ # shall implement an
effective pre#emplo!ment orientation seminars and pre#departure counseling
programs to applicants for overseas emplo!ment. t shall likewise formulate a
s!stem of providing free legal assistance to trafficked persons.
*i+ Department of the nterior and 5ocal Eovernment *D5E+ # shall institute a
s!stematic information and prevention campaign and likewise maintain a
databank for the effective monitoring% documentation and prosecution of cases
on trafficking in persons.
*'+ 5ocal government units *5E;s+ # shall monitor and document cases of
trafficking in persons in their areas of 'urisdiction% effect the cancellation of
licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. The! shall also undertake an information
campaign against trafficking in persons through the establishment of the Bigrants
Advisor! and nformation <etwork *BA<+ desks in municipalities or provinces in
coordination with D5E% 6hilippine nformation Agenc! *6A+% Commission on
Ailipinos @verseas *CA@+% <E@s and other concerned agencies. The! shall
encourage and support communit! based initiatives which address the trafficking
in persons.
n implementing this Act% the agencies concerned ma! seek and enlist the
assistance of <E@s% people&s organi$ations *6os+% civic organi$ations and other
volunteer groups.
Se1tion !%. Legal Protection to Traffic2ed Persons. # Trafficked persons shall be
recogni$ed as victims of the act or acts of trafficking and as such shall not be penali$ed
for crimes directl! related to the acts of trafficking enumerated in this Act or in
obedience to the order made b! the trafficker in relation thereto. n this regard% the
consent of a trafficked person to the intended e4ploitation set forth in this Act shall be
irrelevant.
Se1tion !5. Preferential &ntitleent .nder the 7itness Protection Progra. # An!
provision of .epublic Act <o. =9:8 to the contrar! notwithstanding% an! trafficked
person shall be entitled to the witness protection program provided therein.
Se1tion !. Traffic2ed Persons 7ho are 1oreign 3ationals. # "ub'ect to the guidelines
issued b! the Council% trafficked persons in the 6hilippines who are nationals of a
foreign countr! shall also be entitled to appropriate protection% assistance and services
available to trafficked persons under this Act) Provided% That the! shall be permitted
continued presence in the 6hilippines for a length of time prescribed b! the Council as
necessar! to effect the prosecution of offenders.
Se1tion '(. $nter'(gency Council (gainst Traffic2ing. # There is hereb! established an
nter#Agenc! Council Against Trafficking% to be composed of the "ecretar! of the
Department of Fustice as Chairperson and the "ecretar! of the Department of "ocial
>elfare and Development as Co#Chairperson and shall have the following as members)
*a+ "ecretar!% Department of Aoreign AffairsC
*b+ "ecretar!% Department of 5abor and 7mplo!mentC
*c+ Administrator% 6hilippine @verseas 7mplo!ment AdministrationC
*d+ Commissioner% -ureau of mmigrationC
*e+ Director#Eeneral% 6hilippine <ational 6oliceC
*f+ Chairperson% <ational Commission on the .ole of Ailipino >omenC and
*g+ Three *1+ representatives from <E@s% who shall be composed of one *8+
representative each from among the sectors representing women% overseas
Ailipino workers *@A>s+ and children% with a proven record of involvement in the
prevention and suppression of trafficking in persons. These representatives shall
be nominated b! the government agenc! representatives of the Council% for
appointment b! the 6resident for a term of three *1+ !ears.
The members of the Council ma! designate their permanent representatives who
shall have a rank not lower than an assistant secretar! or its e(uivalent to
meetings% and shall receive emoluments as ma! be determined b! the Council in
accordance with e4isting budget and accounting% rules and regulations.
Se1tion '!. 1unctions of the Council. # The Council shall have the following powers and
functions)
*a+ Aormulate a comprehensive and integrated program to prevent and suppress
the trafficking in personsC
*b+ 6romulgate rules and regulations as ma! be necessar! for the effective
*c+ Bonitor and oversee the strict implementation of this ActC
*d+ Coordinate the programs and pro'ects of the various member agencies to
effectivel! address the issues and problems attendant to trafficking in personsC
*e+ Coordinate the conduct of massive information dissemination and campaign
on the e4istence of the law and the various issues and problems attendant to
trafficking through the 5E;s% concerned agencies% and <E@sC
*f+ Direct other agencies to immediatel! respond to the problems brought to their
attention and report to the Council on action takenC
*g+ Assist in filing of cases against individuals% agencies% institutions or
establishments that violate the provisions of this ActC
*h+ Aormulate a program for the reintegration of trafficked persons in cooperation
with D@57% D">D% Technical 7ducation and "kills Development Authorit!
*T7"DA+% Commission on ?igher 7ducation *C?7D+% 5E;s and <E@sC
*i+ "ecure from an! department% bureau% office% agenc!% or instrumentalit! of the
government or from <E@s and other civic organi$ations such assistance as ma!
be needed to effectivel! implement this ActC
*'+ Complement the shared government information s!stem for migration
established under .epublic Act <o. :022% otherwise known as the "Bigrant
>orkers and @verseas Ailipinos Act of 899D" with data on cases of trafficking in
persons% and ensure that the proper agencies conduct a continuing research and
stud! on the patterns and scheme of trafficking in persons which shall form the
basis for polic! formulation and program directionC
*k+ Develop the mechanism to ensure the timel!% coordinated% and effective
response to cases of trafficking in personsC
*l+ .ecommend measures to enhance cooperative efforts and mutual assistance
among foreign countries through bilateral and,or multilateral arrangements to
prevent and suppress international trafficking in personsC
*m+ Coordinate with the Department of Transportation and Communications
*D@TC+% Department of Trade and ndustr! *DT+% and other <E@s in monitoring
the promotion of advertisement of trafficking in the internetC
*n+ Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the 6hilippinesC
*o+ nitiate training programs in identif!ing and providing the necessar!
intervention or assistance to trafficked personsC and
*p+ 74ercise all the powers and perform such other functions necessar! to attain
the purposes and ob'ectives of this Act.
Se1tion ''. Secretariat to the Council. # The Department of Fustice shall establish the
necessar! "ecretariat for the Council.
Se1tion '3. )andatory Services to Traffic2ed Persons. # To ensure recover!%
rehabilitation and reintegration into the mainstream of societ!% concerned government
agencies shall make available the following services to trafficked persons)
*a+ 7mergenc! shelter or appropriate housingC
*b+ CounselingC
*c+ Aree legal services which shall include information about the victims& rights
and the procedure for filing complaints% claiming compensation and such other
legal remedies available to them% in a language understood b! the trafficked
personC
*d+ Bedical or ps!chological servicesC
*e+ 5ivelihood and skills trainingC and
*f+ 7ducational assistance to a trafficked child.
"ustained supervision and follow through mechanism that will track the progress of
recover!% rehabilitation and reintegration of the trafficked persons shall be adopted and
carried out.
Se1tion '.. ,ther Services for Traffic2ed Persons. #
*a+ Legal (ssistance. # Trafficked persons shall be considered under the categor!
"@verseas Ailipino in Distress" and ma! avail of the legal assistance created b!
.epublic Act <o. :022% sub'ect to the guidelines as provided b! law.
*b+ ,verseas 1ilipino Resource Centers. # The services available to overseas
Ailipinos as provided for b! .epublic Act <o. :022 shall also be e4tended to
trafficked persons regardless of their immigration status in the host countr!.
*c+ The Country Tea (pproach. # The countr! team approach under 74ecutive
@rder <o. /2 of 8991% shall be the operational scheme under which 6hilippine
embassies abroad shall provide protection to trafficked persons insofar as the
promotion of their welfare% dignit! and fundamental rights are concerned.
Se1tion '#. Repatriation of Traffic2ed Persons. ' The DAA% in coordination with D@57
and other appropriate agencies% shall have the primar! responsibilit! for the repatriation
of trafficked persons% regardless of whether the! are documented or undocumented.
f% however% the repatriation of the trafficked persons shall e4pose the victims to greater
risks% the DAA shall make representation with the host government for the e4tension of
appropriate residenc! permits and protection% as ma! be legall! permissible in the host
countr!.
Se1tion '". &6tradition. ' The D@F% in consultation with DAA% shall endeavor to include
offenses of trafficking in persons among e4traditable offenses.
Se1tion '%. Reporting Re+uireents. ' The Council shall submit to the 6resident of the
6hilippines and to Congress an annual report of the policies% programs and activities
relative to the implementation of this Act.
Se1tion '5. 1unding. ' The heads of the departments and agencies concerned shall
immediatel! include in their programs and issue such rules and regulations to
implement the provisions of this Act% the funding of which shall be included in the annual
Eeneral Appropriations Act.
Se1tion '. $pleenting Rules and Regulations. ' The Council shall promulgate the
necessar! implementing rules and regulations within si4t! *=0+ da!s from the effectivit!
of this Act.
Se1tion 3(. 3on'restriction of 1reedo of Speech and of (ssociation! Religion and the
Right to Travel. ' <othing in this Act shall be interpreted as a restriction of the freedom
of speech and of association% religion and the right to travel for purposes not contrar! to
law as guaranteed b! the Constitution.
Se1tion 3!. Separability Clause. ' f% for an! reason% an! section or provision of this Act
is held unconstitutional or invalid% the other sections or provisions hereof shall not be
affected thereb!.
Se1tion 3'. Repealing clause. ' All laws% presidential decrees% e4ecutive orders and
rules and regulations% or parts thereof% inconsistent with the provisions of this Act are
hereb! repealed or modified accordingl!) Provided% That this Act shall not in an! wa!
amend or repeal the provision of .epublic Act <o. /=80% otherwise known as the
""pecial 6rotection of Children Against Child Abuse% 74ploitation and Discrimination
Act".
Se1tion 33. &ffectivity. ' This Act shall take effect fifteen *8D+ da!s from the date of its
complete publication in at least two *2+ newspapers of general circulation.
Approved%
FRAN0LIN -RILON
President of the Senate
$OSE -E ,ENECIA $R.
Spea2er of the House of Representatives
This Act% which is a consolidation of "enate -ill <o. 2222 and ?ouse -ill <o. 2212 was
finall! passed b! the "enate and the ?ouse of .epresentatives on Ba! 82% 2001
respectivel!.
OSCAR ). =ABES
Secretary of Senate
ROBERTO P. NA>ARENO
Secretary -eneral
House of Represenatives
Approved) Ba! 2=% 2001.
REPUBLIC ACT No. 3(!
ANTI8)RAFT AN- CORRUPT PRACTICES ACT
Se1tion !. Stateent of policy. t is the polic! of the 6hilippine Eovernment% in line with
the principle that a public office is a public trust% to repress certain acts of public officers
and private persons alike which constitute graft or corrupt practices or which ma! lead
thereto.
Se1tion '. Definition of ters. As used in this Act% that term
*a+ "Eovernment" includes the national government% the local governments% the
government#owned and government#controlled corporations% and all other
instrumentalities or agencies of the .epublic of the 6hilippines and their
branches.
*b+ "6ublic officer" includes elective and appointive officials and emplo!ees%
permanent or temporar!% whether in the classified or unclassified or e4empt
service receiving compensation% even nominal% from the government as defined
in the preceding subparagraph.
*c+ ".eceiving an! gift" includes the act of accepting directl! or indirectl! a gift
from a person other than a member of the public officer&s immediate famil!% in
behalf of himself or of an! member of his famil! or relative within the fourth civil
degree% either b! consanguinit! or affinit!% even on the occasion of a famil!
celebration or national festivit! like Christmas% if the value of the gift is under the
circumstances manifestl! e4cessive.
*d+ "6erson" includes natural and 'uridical persons% unless the conte4t indicates
otherwise.
Se1tion 3. Corrupt practices of public officers. n addition to acts or omissions of public
officers alread! penali$ed b! e4isting law% the following shall constitute corrupt practices
of an! public officer and are hereb! declared to be unlawful)
*a+ 6ersuading% inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations dul! promulgated b! competent
authorit! or an offense in connection with the official duties of the latter% or
allowing himself to be persuaded% induced% or influenced to commit such violation
or offense.
*b+ Directl! or indirectl! re(uesting or receiving an! gift% present% share%
percentage% or benefit% for himself or for an! other person% in connection with an!
contract or transaction between the Eovernment and an! other part% wherein the
public officer in his official capacit! has to intervene under the law.
*c+ Directl! or indirectl! re(uesting or receiving an! gift% present or other
pecuniar! or material benefit% for himself or for another% from an! person for
whom the public officer% in an! manner or capacit!% has secured or obtained% or
will secure or obtain% an! Eovernment permit or license% in consideration for the
help given or to be given% without pre'udice to "ection thirteen of this Act.
*d+ Accepting or having an! member of his famil! accept emplo!ment in a private
enterprise which has pending official business with him during the pendenc!
thereof or within one !ear after its termination.
*e+ Causing an! undue in'ur! to an! part!% including the Eovernment% or giving
an! private part! an! unwarranted benefits% advantage or preference in the
discharge of his official administrative or 'udicial functions through manifest
partialit!% evident bad faith or gross ine4cusable negligence. This provision shall
appl! to officers and emplo!ees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
*f+ <eglecting or refusing% after due demand or re(uest% without sufficient
'ustification% to act within a reasonable time on an! matter pending before him for
the purpose of obtaining% directl! or indirectl!% from an! person interested in the
matter some pecuniar! or material benefit or advantage% or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating
against an! other interested part!.
*g+ 7ntering% on behalf of the Eovernment% into an! contract or transaction
manifestl! and grossl! disadvantageous to the same% whether or not the public
officer profited or will profit thereb!.
*h+ Director or indirectl! having financing or pecuniar! interest in an! business%
contract or transaction in connection with which he intervenes or takes part in his
official capacit!% or in which he is prohibited b! the Constitution or b! an! law
from having an! interest.
*i+ Directl! or indirectl! becoming interested% for personal gain% or having a
material interest in an! transaction or act re(uiring the approval of a board% panel
or group of which he is a member% and which e4ercises discretion in such
approval% even if he votes against the same or does not participate in the action
of the board% committee% panel or group.
nterest for personal gain shall be presumed against those public officers
responsible for the approval of manifestl! unlawful% ine(uitable% or irregular
transaction or acts b! the board% panel or group to which the! belong.
*'+ Jnowingl! approving or granting an! license% permit% privilege or benefit in
favor of an! person not (ualified for or not legall! entitled to such license% permit%
privilege or advantage% or of a mere representative or dumm! of one who is not
so (ualified or entitled.
*k+ Divulging valuable information of a confidential character% ac(uired b! his
office or b! him on account of his official position to unauthori$ed persons% or
releasing such information in advance of its authori$ed release date.
The person giving the gift% present% share% percentage or benefit referred to in
subparagraphs *b+ and *c+C or offering or giving to the public officer the emplo!ment
mentioned in subparagraph *d+C or urging the divulging or untimel! release of the
confidential information referred to in subparagraph *k+ of this section shall% together
with the offending public officer% be punished under "ection nine of this Act and shall be
permanentl! or temporaril! dis(ualified in the discretion of the Court% from transacting
business in an! form with the Eovernment.
Se1tion .. Prohibition on private individuals. *a+ t shall be unlawful for an! person
having famil! or close personal relation with an! public official to capitali$e or e4ploit or
take advantage of such famil! or close personal relation b! directl! or indirectl!
re(uesting or receiving an! present% gift or material or pecuniar! advantage from an!
other person having some business% transaction% application% re(uest or contract with
the government% in which such public official has to intervene. Aamil! relation shall
include the spouse or relatives b! consanguinit! or affinit! in the third civil degree. The
word "close personal relation" shall include close personal friendship% social and
fraternal connections% and professional emplo!ment all giving rise to intimac! which
assures free access to such public officer.
*b+ t shall be unlawful for an! person knowingl! to induce or cause an! public
official to commit an! of the offenses defined in "ection 1 hereof.
Se1tion #. Prohibition on certain relatives. t shall be unlawful for the spouse or for an!
relative% b! consanguinit! or affinit!% within the third civil degree% of the 6resident of the
6hilippines% the 3ice#6resident of the 6hilippines% the 6resident of the "enate% or the
"peaker of the ?ouse of .epresentatives% to intervene% directl! or indirectl!% in an!
business% transaction% contract or application with the Eovernment) 6rovided% That this
section shall not appl! to an! person who% prior to the assumption of office of an! of the
above officials to whom he is related% has been alread! dealing with the Eovernment
along the same line of business% nor to an! transaction% contract or application alread!
e4isting or pending at the time of such assumption of public office% nor to an! application
filed b! him the approval of which is not discretionar! on the part of the official or
officials concerned but depends upon compliance with re(uisites provided b! law% or
rules or regulations issued pursuant to law% nor to an! act lawfull! performed in an
official capacit! or in the e4ercise of a profession.
Se1tion ". Prohibition on )ebers of Congress. t shall be unlawful hereafter for an!
Bember of the Congress during the term for which he has been elected% to ac(uire or
receive an! personal pecuniar! interest in an! specific business enterprise which will be
directl! and particularl! favored or benefited b! an! law or resolution authored b! him
previousl! approved or adopted b! the Congress during the same term.
The provision of this section shall appl! to an! other public officer who recommended
the initiation in Congress of the enactment or adoption of an! law or resolution% and
ac(uires or receives an! such interest during his incumbenc!.
t shall likewise be unlawful for such member of Congress or other public officer% who%
having such interest prior to the approval of such law or resolution authored or
recommended b! him% continues for thirt! da!s after such approval to retain such
interest.
Se1tion %. Stateent of assets and liabilities. 7ver! public officer% within thirt! da!s
after the approval of this Act or after assuming office% and within the month of Fanuar! of
ever! other !ear thereafter% as well as upon the e4piration of his term of office% or upon
his resignation or separation from office% shall prepare and file with the office of the
corresponding Department ?ead% or in the case of a ?ead of Department or chief of an
independent office% with the @ffice of the 6resident% or in the case of members of the
Congress and the officials and emplo!ees thereof% with the @ffice of the "ecretar! of the
corresponding ?ouse% a true detailed and sworn statement of assets and liabilities%
including a statement of the amounts and sources of his income% the amounts of his
personal and famil! e4penses and the amount of income ta4es paid for the ne4t
preceding calendar !ear) 6rovided% That public officers assuming office less than two
months before the end of the calendar !ear% ma! file their statements in the following
months of Fanuar!.
Se1tion 5. Disissal due to une6plained 0ealth. f in accordance with the provisions of
.epublic Act <umbered @ne thousand three hundred sevent!#nine% a public official has
been found to have ac(uired during his incumbenc!% whether in his name or in the
name of other persons% an amount of propert! and,or mone! manifestl! out of
proportion to his salar! and to his other lawful income% that fact shall be a ground for
dismissal or removal. 6roperties in the name of the spouse and unmarried children of
such public official ma! be taken into consideration% when their ac(uisition through
legitimate means cannot be satisfactoril! shown. -ank deposits shall be taken into
consideration in the enforcement of this section% notwithstanding an! provision of law to
the contrar!.
Se1tion . Penalties for violations. *a+ An! public officer or private person committing
an! of the unlawful acts or omissions enumerated in "ections 1% 2% D and = of this Act
shall be punished with imprisonment for not less than one !ear nor more than ten !ears%
perpetual dis(ualification from public office% and confiscation or forfeiture in favor of the
Eovernment of an! prohibited interest and une4plained wealth manifestl! out of
proportion to his salar! and other lawful income.
An! complaining part! at whose complaint the criminal prosecution was initiated shall% in
case of conviction of the accused% be entitled to recover in the criminal action with
priorit! over the forfeiture in favor of the Eovernment% the amount of mone! or the thing
he ma! have given to the accused% or the value of such thing.
*b+ An! public officer violation an! of the provisions of "ection / of this Act shall
be punished b! a fine of not less than one hundred pesos nor more than one
thousand pesos% or b! imprisonment not e4ceeding one !ear% or b! both such
fine and imprisonment% at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public officer% even if no criminal
prosecution is instituted against him.
Se1tion !(. Copetent court. ;ntil otherwise provided b! law% all prosecutions under
this Act shall be within the original 'urisdiction of the proper Court of Airst nstance.
Se1tion !!. Prescription of offenses. All offenses punishable under this Act shall
prescribe in ten !ears.
Se1tion !'. Terination of office. <o public officer shall be allowed to resign or retire
pending an investigation% criminal or administrative% or pending a prosecution against
him% for an! offense under this Act or under the provisions of the .evised 6enal Code
on briber!.
Se1tion !3. Suspension and loss of benefits. An! public officer against whom an!
criminal prosecution under a valid information under this Act or under the provisions of
the .evised 6enal Code on briber! is pending in court% shall be suspended from office.
"hould he be convicted b! final 'udgment% he shall lose all retirement or gratuit! benefits
under an! law% but if he is ac(uitted% he shall be entitled to reinstatement and to the
salaries and benefits which he failed to receive during suspension% unless in the
meantime administrative proceedings have been filed against him.
Se1tion !.. &6ception. ;nsolicited gifts or presents of small or insignificant value
offered or given as a mere ordinar! token of gratitude or friendship according to local
customs or usage% shall be e4cepted from the provisions of this Act.
<othing in this Act shall be interpreted to pre'udice or prohibit the practice of an!
profession% lawful trade or occupation b! an! private person or b! an! public officer who
under the law ma! legitimatel! practice his profession% trade or occupation% during his
incumbenc!% e4cept where the practice of such profession% trade or occupation involves
conspirac! with an! other person or public official to commit an! of the violations
penali$ed in this Act.
Se1tion !#. Separability clause. f an! provision of this Act or the application of such
provision to an! person or circumstances is declared invalid% the remainder of the Act or
the application of such provision to other persons or circumstances shall not be affected
b! such declaration.
Se1tion !". &ffectivity. This Act shall take effect on its approval% but for the purpose of
determining une4plained wealth% all propert! ac(uired b! a public officer since he
assumed office shall be taken into consideration.
Approved) August 8/% 89=0
Betro Banila
Fourteenth Congress
Repu;li1 A1t No. %%#
AN ACT -EFININ) T*E CRI+E OF C*IL- PORNO)RAP*=& PRESCRIBIN)
PENALTIES T*EREFOR AN- FOR OT*ER PURPOSES
Congress assebled=
Se1tion !. Short Title. # This Act shall be known as the AAnti+Child Pornography Act
of ?==:.A
Se1tion '. Declaration of Policy. # The "tate recogni$es the vital role of the !outh in
nation building and shall promote and protect their ph!sical% moral% spiritual% intellectual%
emotional% ps!chological and social well#being. Towards this end% the "tate shall)
*a+ Euarantee the fundamental rights of ever! child from all forms of neglect%
cruelt! and other conditions pre'udicial to his,her developmentC
*b+ 6rotect ever! child from all forms of e4ploitation and abuse including% but not
limited to)
*8+ the use of a child in pornographic performances and materialsC and
*2+ the inducement or coercion of a child to engage or be involved in
pornograph! through whatever meansC and
*c+ Compl! with international treaties to which the 6hilippines is a signator! or a
"tate part! concerning the rights of children which include% but not limited to% the
Convention on the .ights of the Child% the @ptional 6rotocol to the Convention on
the .ights of the Child of the Child on the "ale of Children% Child 6rostitution and
Child 6ornograph!% the nternational 5abor @rgani$ation *5@+ Convention
<o.8:2 on the 7limination of the >orst Aorms of Child 5abor and the Convention
Against Transnational @rgani$ed Crime.
Se1tion 3. Definition of Ters. #
*a+ "Child" refers to a person below eighteen *8:+ !ears of age or over% but is
unable to full! take care of himself,herself from abuse% neglect% cruelt!%
e4ploitation or discrimination because of a ph!sical or mental disabilit! or
condition.
Aor the purpose of this Act% a child shall also refer to)
*8+ a person regardless of age who is presented% depicted or portra!ed as
a child as defined hereinC and
*2+ computer#generated% digitall! or manuall! crafted images or graphics
of a person who is represented or who is made to appear to be a child as
defined herein.
*b+ "Child pornograph!" refers to an! representation% whether visual% audio% or
written combination thereof% b! electronic% mechanical% digital% optical% magnetic
or an! other means% of child engaged or involved in real or simulated e4plicit
se4ual activities.
*c+ "74plicit "e4ual Activit!" includes actual or simulated #
*8+ As to form)
*i+ se4ual intercourse or lascivious act including% but not limited to% contact
involving genital to genital% oral to genital% anal to genital% or oral to anal%
whether between persons of the same or opposite se4C
*2+ bestialit!C
*1+ masturbationC
*2+ sadistic or masochistic abuseC
*D+ lascivious e4hibition of the genitals% buttocks% breasts% pubic area
and,or anusC or
*=+ use of an! ob'ect or instrument for lascivious acts
*d+ "nternet address" refers to a website% bulletin board service% internet chat
room or news group% or an! other internet or shared network protocol address.
*e+ "nternet cafe or kiosk" refers to an establishment that offers or proposes to
offer services to the public for the use of its computer,s or computer s!stem for
the purpose of accessing the internet% computer games or related services.
*f+ "nternet content host" refers to a person who hosts or who proposes to host
internet content in the 6hilippines.
*g+ "nternet service provider *"6+" refers to a person or entit! that supplies or
proposes to suppl!% an internet carriage service to the public.
*h+ "Erooming" refers to the act of preparing a child or someone who the offender
believes to be a child for se4ual activit! or se4ual relationship b! communicating
an! form of child pornograph!. t includes online enticement or enticement
through an! other means.
*i+ "5uring" refers to the act of communicating% b! means of a computer s!stem%
with a child or someone who the offender believes to be a child for the purpose of
facilitating the commission of se4ual activit! or production of an! form of child
pornograph!.*2+ -estialit!C
*'+ "6andering" refers to the act of offering% advertising% promoting% representing
or distributing through an! means an! material or purported material that is
intended to cause another to believe that the material or purported material
contains an! form of child pornograph!% regardless of the actual content of the
material or purported material.
*k+ "6erson" refers to an! natural or 'uridical entit!.
Se1tion .. .nla0ful or Prohibited (cts. # t shall be unlawful for an! person)
*a+ To hire% emplo!% use% persuade% induce or coerce a child to perform in the
creation or production of an! form of child pornograph!C
*b+ To produce% direct% manufacture or create an! form of child pornograph!C
*c+ To publish offer% transmit% sell% distribute% broadcast% advertise% promote%
e4port or import an! form of child pornograph!C
*d+ To possess an! form of child pornograph! with the intent to sell% distribute%
publish% or broadcast) 6rovided. That possession of three *1+ or more articles of
child pornograph! of the same form shall be prima facie evidence of the intent to
sell% distribute% publish or broadcastC
*e+ To knowingl!% willfull! and intentionall! provide a venue for the commission of
prohibited acts as% but not limited to% dens% private rooms% cubicles% cinemas%
houses or in establishments purporting to be a legitimate businessC
*f+ Aor film distributors% theaters and telecommunication companies% b!
themselves or in cooperation with other entities% to distribute an! form of child
pornograph!C
*g+ Aor a parent% legal guardian or person having custod! or control of a child to
knowingl! permit the child to engage% participate or assist in an! form of child
pornograph!C
*h+ To engage in the luring or grooming of a childC
*i+ To engage in pandering of an! form of child pornograph!C
*'+ To willfull! access an! form of child pornograph!C
*k+ To conspire to commit an! of the prohibited acts stated in this section.
Conspirac! to commit an! form of child pornograph! shall be committed when
two *2+ or more persons come to an agreement concerning the commission of
an! of the said prohibited acts and decide to commit itC and
*l+ To possess an! form of child pornograph!.
Se1tion #. Syndicated Child Pornography # The crime of child pornograph! is deemed
committed b! a s!ndicate if carried out b! a group of three *1+ or more persons
conspiring or confederating with one another and shall be punished under "ection 8D*a+
of this Act.
Se1tion ". 7ho )ay 1ile a Coplaint. # Complaints on cases of an! form of child
pornograph! and other offenses punishable under this Act ma! be filed b! the following)
*a+ @ffended part!C
*b+ 6arents or guardiansC
*c+ Ascendant or collateral relative within the third degree of consanguinit!C
*d+ @fficer% social worker or representative of a licensed child#caring institutionC
*e+ @fficer or social worker of the Department of "ocial >elfare and Development
*D">D+C
*f+ 5ocal social welfare development officerC
*g+ -aranga! chairmanC
*h+ An! law enforcement officerC
*i+ At least three *1+ concerned responsible citi$ens residing in the place where
the violation occurredC or
*'+ An! person who has personal knowledge of the circumstances of the
commission of an! offense under this Act.
Se1tion %. (ppointent of Special Prosecutors. # The Department of Fustice *D@F+
shall appoint or designate special prosecutors to prosecute cases for the violation of this
Act.
Se1tion 5. 5urisdiction. # Furisdiction over cases for the violation of this Act shall be
vested in the Aamil! Court which has territorial 'urisdiction over the place where the
offense or an! of its essential elements was committed pursuant to .epublic Act <o.
:1=9% otherwise known as "Aamil! Courts Act of 899/".
Se1tion . Duties of an $nternet Service Provider :$SP;. # All internet service providers
*"6s+ shall notif! the 6hilippine <ational 6olice *6<6+ or the <ational -ureau of
nvestigation *<-+ within seven */+ da!s from obtaining facts and circumstances that
an! form of child pornograph! is being committed using its server or facilit!. <othing in
this section ma! be construed to re(uire an "6 to engage in the monitoring of an! user%
subscriber or customer% or the content of an! communication of an! such person)
Provided% That no "6 shall be held civill! liable for damages on account of an! notice
given in good faith in compliance with this section.
Aurthermore% an "6 shall preserve such evidence for purpose of investigation and
prosecution b! relevant authorities.
An "6 shall% upon the re(uest of proper authorities% furnish the particulars of users who
gained or attempted to gain access to an internet address which contains an! form of
child pornograph!.
All "6s shall install available technolog!% program or software to ensure that access to
or transmittal of an! form of child pornograph! will be blocked or filtered.
An "6 who shall knowingl!% willfull! and intentionall! violate this provision shall be
sub'ect to the penalt! provided under "ection 8D*k+ of this Act.
The <ational Telecommunications Commission *<TC+ shall promulgate within ninet!
*90+ da!s from the effectivit! of this Act the necessar! rules and regulations for the
implementation of this provision which shall include% among others% the installation of
filtering software that will block access to or transmission of an! form of the child
pornograph!.
Se1tion !(. Responsibility of )all ,0ners%,perators and ,0ners or Lessors of ,ther
Business &stablishents. # All mall owners,operators and owners or lessors of other
business establishments shall notif! the 6<6 or the <- within seven */+ da!s from
obtaining facts and circumstances that child pornograph! is being committed in their
premises. Provided! That public displa! of an! form of child pornograph! within their
premises is a conclusive presumption of the knowledge of the mall owners,operators
and owners or lessors of other business establishments of the violation of this Act)
Provided! further! That a disputable presumption of knowledge b! mall
owners,operators and owners or lessors of other business establishments should know
or reasonabl! know that a violation of this Act is being committed in their premises.
6hoto developers% information technolog! professionals% credit card companies and
banks and an! person who has direct knowledge of an! form of child pornograph!
activities shall have the dut! to report an! suspected child pornograph! materials or
transactions to the proper authorities within seven */+ da!s from discover! thereof.
An! willful and intentional violation of this provision shall be sub'ect to the penalt!
provided under "ection 8D*l+ of this Act.
Se1tion !!. Duties of an $nternet Content Host. # An internet content host shall)
*a+ <ot host an! form of child pornograph! on its internet addressC
*b+ >ithin seven */+ da!s% report the presence of an! form of child pornograph!%
as well as the particulars of the person maintaining% hosting% distributing or in an!
manner contributing to such internet address% to the proper authoritiesC and
*c+ 6reserve such evidence for purposes of investigation and prosecution b!
relevant authorities.
An internet content host shall% upon the re(uest of proper authorities% furnish the
particulars of users who gained or attempted to gain access to an internet address that
contains an! form of child pornograph!.
An internet content host who shall knowingl!% willfull! and intentionall! violate this
provision shall be sub'ect to the penalt! provided under "ection 8D*'+ of this Act)
6rovided% That the failure of the internet content host to remove an! form of child
pornograph! within fort!#eight *2:+ hours from receiving the notice that an! form of child
pornograph! is hitting its server shall be conclusive evidence of willful and intentional
violation thereof.
Se1tion !'. (uthority to Regulate $nternet CafA or /ios2. # The local government unit
*5E;+ of the cit! or municipalit! where an internet cafY or kiosk is located shall have the
authorit! to monitor and regulate the establishment and operation of the same or similar
establishments in order to prevent violation of the provisions of this Act.
Se1tion !3. Confidentiality. # The right to privac! of the child shall be ensured at an!
stage of the investigation% prosecution and trial of an offense under this Act. Towards
this end% the following rules shall be observed)
*a+ The 'udge% prosecutor or an! officer of the law to whom the complaint has
been referred to ma!% whenever necessar! to ensure a fair and impartial
proceeding and after considering all circumstances for the best interest of the
child conduct a closed#door investigation% prosecution or trialC
*b+ The name and personal circumstances of the child% including the child&s
immediate famil!% or an! other information tending to establish his,her identit!
shall not be disclosed to the publicC
*c+ An! record regarding a child shall be confidential and kept under seal. 74cept
upon written re(uest and order of the court% a record shall be released onl! to the
following)
*8+ Bembers of the court staff for administrative useC
*2+ The prosecuting attorne!C
*1+ Defense counselC
*2+ The guardian ad liteC
*D+ Agents of investigating law enforcement agencies and
*=+ @ther persons as determined b! the court.
*d+ An! form of child pornograph! that is part of the court records shall be sub'ect
to a protective order that provides as follows)
*8+ An! form of child pornograph! ma! be viewed onl! b! the parties% their
counsel% their e4pert witness and guardian ad liteC
*2+ <either form of child pornograph! nor an! portion thereof shall be
divulged to an! other person% e4cept as necessar! for investigation%
prosecution or trialC and
*1+ <o person shall be granted access to an! form of child pornograph! or
an! part thereof unless he,she signs a written affirmation that he,she has
received and read a cop! of the protection orderC that he,she submits to
the 'urisdiction of the court with respect to the protective orderC and that% in
case of violation thereof% he,she will be sub'ect to the contempt power of
the courtC and
*e+ n cases when prosecution or trial is conducted behind closed doors% it shall
be unlawful for an! 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 industr!% or an! person utili$ing the tri#
media facilities or information technolog! to publish or broadcast the names of
the victims of an! case of child pornograph!.
An! violation of this provision shall be sub'ect to the penalt! provided for under "ection
8D*m+ of this Act.
Se1tion !.. Care! Custody and Treatent of a Child *icti. # The D">D shall ensure
that the child who is a victim of an! form of child pornograph! is provided appropriate
care% custod! and support for their recover! and reintegration in accordance with
e4isting laws.
The child and his famil! shall be entitled to protection as well as to the rights and
benefits of witnesses under .epublic Act <o. =9:8% otherwise known as "The >itness
6rotection% "ecurit! and -enefit Act".
The child shall also be considered as a victim of a violent crime defined under "ection
1*d+ of .epublic Act <o. /109% otherwise known as "An Act Creating a -oard of Claims
under the Department of Fustice for 3ictims of ;n'ust mprisonment or Detention and
3ictims of 3iolent Crimes and for @ther 6urposes"% so that the child ma! claim
compensation therein.
Se1tion !#. Penalties and Sanctions. # The following penalties and sanctions are
hereb! established for offenses enumerated in this Act)
*a+ An! person found guilt! of s!ndicated child pornograph! as defined in "ection
D of this Act shall suffer the penalt! of reclusion perpetua and a fine of not less
than Two million pesos *6hp2%000%000.00+ but not more than Aive million pesos
*6hpD%000%000.00+C
*b+ An! person found guilt! of violating "ection 2*a+% *b+ and *c+ of this Act shall
suffer the penalt! of reclusion teporal in its ma4imum period and a fine of not
less than @ne million pesos *6hp8%000%000.00+ but not more than Two million
*6hp2%000%000.00+C
*c+ An! person found guilt! of violating "ection 2*d+% *e+ and *f+ of this Act shall
suffer the penalt! of reclusion teporal in its medium period and a fine of not less
than "even hundred fift! thousand pesos *6hp/D0%000.00+ but not more than
@ne million pesos *6hp8%000%000.00+C
*d+ An! person found guilt! of violating "ection 2*g+ of this Act shall suffer the
penalt! of reclusion teporal in its minimum period and a fine of not less than
Aive hundred thousand pesos *6hpD00%000.00+ but not more than "even
hundred thousand pesos *6hp/00%000.00+C
*e+ An! person found guilt! of violating "ection 2*h+ of this Act shall suffer the
penalt! of prision ayor in its ma4imum period and a fine of not less than Three
hundred thousand pesos *6hp100%000.00+ but not more than Aive hundred
thousand pesos *6hpD00%000.00+C
*f+ An! person found guilt! of violating "ection 2*+ of this Act shall suffer the
penalt! of prision ayor in its minimum period and a fine of not less than Three
hundred thousand pesos *php100%000.00+ but not more than Aive hundred
thousand pesos *6hpD00%000.00+C
*g+ An! person found guilt! of violating "ection 2*'+ of this Act shall suffer the
penalt! of prision correccional in its ma4imum period and a fine of not less than
Two hundred thousand pesos *6hp200%000.00+ but not more than Three hundred
thousand pesos *6hp100%000.00+C
*h+ An! person found guilt! of violating "ection 2*k+ of this Act shall suffer the
penalt! of prision correccional in its medium period and a fine of not less than
@ne hundred thousand pesos *php800%000.00+ but not more than Two hundred
fift! thousand pesos *php2D0%000.00+C
*i+ An! person found guilt! of violating "ection 2*l+ of this Act shall suffer the
penalt! of arresto ayor in its minimum period and a fine of not less than Aift!
thousand pesos *6hpD0%000.00+ but not more than @ne hundred thousand pesos
*6hp800%000.00+C
*'+ An! person found guilt! of violating "ection 88 of this Act shall suffer the
penalt! of prision correccional in its medium period and a fine of not less than
@ne million pesos *6hp8%000%000.00+ but not more than Two million pesos
*6hp2%000%000.00+ for the first offense. n the case of a subse(uent offense% the
penalt! shall be a fine not less than Two million pesos *6hp2%000%000.00+ but not
more than Three million pesos *6hp1%000%000.00+ and revocation of its license to
operate and immediate closure of the establishmentC
*k+ An! "6 found guilt! of willfull! and knowingl! failing to compl! with the notice
and installation re(uirements under "ection 9 of this Act shall suffer the penalt!
of a fine of not less than Aive hundred thousand pesos *6hpD00%000.00+ but not
more than @ne million pesos *6hp8%000%000.00+ for the first offense. n case of
subse(uent offense% the penalt! shall be a fine of not less than @ne million pesos
*6hp8%000%000.00+ but not more than Two million pesos *6hp2%000%000.00+ and
revocation of its license to operateC
*l+ An! mall owner#operator and owner or lessor of other business establishments
including photo developers% information technolog! professionals% credit card
companies and banks% found guilt! of willfull! and knowingl! failing to compl!
with the notice re(uirements under "ection 80 of this Act shall suffer the penalt!
of a fine of not less than @ne million pesos *6hp8%000%000.00+ but not more than
Two million pesos *6hp2%000%000.00+ for the first offense. n the case of a
subse(uent offense% the penalt! shall be a fine of not less than Two million pesos
*6hp2%000%000.00+ but not more than Three million pesos *6hp1%000%000.00+ and
revocation of its license to operate and immediate closure of the establishmentC
and
*m+ An! person found guilt! of violating "ection 81 of this Act shall suffer the
penalt! of arresto ayor in its minimum period and a fine of not less than @ne
hundred thousand pesos *6hp800%000.00+ but not more than Three hundred
thousand pesos *6hp100%000.00+.
Se1tion !". Coon Penal Provisions. #
*a+ f the offender is a parent% ascendant% guardian% step#parent or collateral
relative within the third degree of consanguinit! or affinit! or an! person having
control or moral ascendanc! over the child% the penalt! provided herein shall be
in its ma4imum durationC Provided! That this provision shall not appl! to "ection
2*g+ of this ActC
*b+ f the offender is a 'uridical person% the penalt! shall be imposed upon the
owner% manager% partner% member of the board of directors and,or an!
responsible officer who participated in the commission of the crime or shall have
knowingl! permitted or failed to prevent its commissionsC
*c+ f the offender is a foreigner% he,she shall be immediatel! deported after the
complete service of his,her sentence and shall forever be barred from entering
the countr!C and
*d+ The penalt! provided for in this Act shall be imposed in its ma4imum duration
if the offender is a public officer or emplo!ee.
Se1tion !%. Confiscation and 1orfeiture of the Proceeds! Tools and $nstruents .sed
in Child Pornography. # n addition to the penalt! imposed for the violation of this Act%
the court shall order the confiscation and forfeiture in favor of the government of all the
proceeds% tools and instruments used in the commission of the crime% unless the! are
the propert! of a third person not liable for the unlawful actC Provided! however% That all
awards for damages shall be taken from the personal and separate properties of the
offenderC Provided! further% That if such properties are insufficient% the deficienc! shall
be taken from the confiscated and forfeited proceeds% tools and instruments.
All proceeds derived from the sale of properties used for the commission of an! form of
child pornograph! shall accrue to the special account of the D">D which shall be used
e4clusivel! for the implementation of this Act.
>hen the proceeds% tools and instruments used in the commission of the offense have
been destro!ed diminished in value or otherwise rendered worthless b! an! act or
omission% directl! or indirectl!% of the offender% or it has been concealed% removed%
converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation% the offender shall be ordered to pa! the amount e(ual to the value of the
proceeds% tools and instruments used in the commission of the offense.BavvphiB
Se1tion !5. )andatory Services to *ictis of Child Pornography. # To ensure recover!%
rehabilitation and reintegration into the mainstream of societ! concerned government
agencies and the 5E;s shall make available the following services to victims of an!
form of child pornograph!)
*a+ 7mergenc! shelter or appropriate housingC
*b+ CounselingC
*c+ Aree legal services% which shall include information about the victim&s rights
and the procedure for filing of complaints% claims for compensation and such
other legal remedies available to them in a language understood b! the childC
*d+ Bedical or ps!chological servicesC
*e+ 5ivelihood and skills trainingC and
*f+ 7ducational assistance.
"ustained supervision and follow through mechanism that will track the progress of
recover!% rehabilitation and reintegration of the child victims shall adopted and carried
out.
Se1tion !. Progras for *ictis of Child Pornography. The nter#Agenc! Council
Against Child 6ornograph! created under "ection 20 of this Act shall develop and
implement the necessar! programs that will prevent an! form of child pornograph!% as
well as protect% heal and reintegrate the child into the mainstream of societ!. "uch
programs shall include beat but not limited to the following)
*a+ 6rovision of mandator! services including counseling free legal services%
medical or ps!chological services% livelihood and skills training and educational
assistance to the child pursuant to "ection 8: of this ActC
*b+ "ponsorship of a national research program on an! form of child pornograph!
and other acts covered b! the law and the establishment of a data collection
s!stem for monitoring and evaluation purposesC
*c+ 6rovision of necessar! technical and material support services to appropriate
government agencies and nongovernmental organi$ations)
*d+ "ponsorship of conferences and seminars to provide venue for consensus
building amongst the public% the academe % government% nongovernmental and
international organi$ations and
*e+ 6romotion of information and education campaign.
Se1tion '(. $nter ' (gency Council against Child Pornography. # There is hereb!
established an nter#Agenc! Council against Child 6ornograph! to be composed of the
"ecretar! of the D">D as chairperson and the following as members)
*a+ "ecretar! of the Department of Fustice)
*b+ "ecretar! of the Department of 5abor and 7mplo!ment
*c+ "ecretar! of the Department of "cience and Technolog!
*d+ Chief of the 6hilippine <ational 6oliceC
*e+ Chairperson of the Commission on nformation and Communications
Technolog!C
*g+ Commissioner of the <ational Telecommunications CommissionC
*h+ 74ecutive Director of the Council for the >elfare of ChildrenC
*i+ 74ecutive Director of the 6hilippine Center for Transnational CrimesC
*'+ 74ecutive Director of the @ptical Bedia -oardC
*k+ Director of the <ational -ureau of nvestigationC and
*l+ Three *1+ representatives from children&s nongovernmental organi$ations.
These representatives shall be nominated b! the government agenc!
representatives of the Council for appointment b! the 6resident for a term of
three *1+ !ears and ma! be renewed upon renomination and reappointment b!
the Council and the 6resident respectivel!.
The members of the Council mat designate their permanent representatives% who shall
have a rank not lower than assistant secretar! or its e(uivalent% to meetings and shall
receive emoluments as ma! be determined b! the Council in accordance with e4isting
budget and accounting rules and regulations.
The D">D shall establish the necessar! "ecretariat for the Council.
Se1tion '!. 1unctions of the Council. # The Council shall have the following powers and
functions)
*a+ Aormulate comprehensive and integrated plans and programs to prevent and
suppress an! form of child pornograph!C
*b+ 6romulgate rules and regulations as ma! be necessar! for the effective
*c+ Bonitor and oversee the strict implementation of this ActC
*d+ Coordinate the programs and pro'ects of the various members agencies
effectivel! address the issues and problems attendant to child pornograph!C
*e+ Conduct and coordinate massive information disseminations and campaign
on the e4istence of the law and the various issues and problems attendant to
child pornograph!C
*f+ Direct other agencies to immediatel! respond to the problems brought to their
attention and report to the Council on the action takenC
*g+ Assist in the filling of cases against individuals% agencies% institutions or
establishments that violate the provisions of this ActC
*h+ Aormulate a program for the reintegration of victims of child pornograph!C
*i+ "ecure from an! department% bureau% office% agenc! or instrumentalit! of the
government or from <E@s and other civic organi$ations such assistance as ma!
be needed to effectivel! implement this ActC
*'+ Complement the shared government information s!stem relative to child
abuse and e4ploitation and ensure that the proper agencies conduct a continuing
research and stud! on the patterns and schemes of an! form of child
pornograph! which form basis for polic! formulation and program directionC
*k+ develop the mechanism to ensure the timel!% coordinated and effective
response to cases of child pornograph!C
*l+ .ecommend measures to enhance cooperative efforts and mutual assistance
among foreign countries through bilateral and,or multilateral arrangements to
prevent and suppress an! form of child pornograph!C
*m+ Adopt measures and policies to protect the rights and needs of the victims of
child pornograph! who are foreign nationals in the 6hilippinesC
*n+ maintain a database of cases of child pornograph!C
*o+ nitiate training programs in identif!ing and providing the necessar!
intervention or assistance to victims of child pornograph!.
*p+ "ubmit to the 6resident and the Congressional @versight committee credited
herein the annual report on the policies% plans% programs and activities of the
Council relative to the implementation of this ActC and
*(+ 74ercise all the powers and perform such other functions necessar! to attain
the purposes and ob'ectives of this Act.
Se1tion ''. Child Pornography as a Transnational Crie. # 6ursuant to the Convention
on transnational @rgani$ed Crime% the D@F ma! e4ecute the re(uest of a foreign state
for assistance in the investigation or prosecution of an! form of child pornograph! b!)
*8+ conducting a preliminar! investigation against the offender and% if appropriate% to file
the necessar! charges in courtC *2+ giving information needed b! the foreign stateC and
*1+ to appl! for an order of forfeiture of an! proceeds or monetar! instrument or properl!
located in the 6hilippines used in connection with child pornograph! in the courtC
Provided! That if the D@F refuses to act on the re(uest of for dela!ing the e4ecution
thereof) Provided! further% That the principles of mutualit! and reciprocit! shall% for this
purpose% be at all times recogni$ed.
Se1tion '3. &6tradition. # The D@F% in consultation with the Department of Aoreign
Affairs *DAA+% shall endeavor to include child pornograph! among e4traditable offenses
in future treaties.
Se1tion '.. Congressional ,versight Coittee. #There is hereb! created a
Congressional @versight Committee composed of five *D+ members from the "enate
and five *D+ members from the ?ouse of .epresentatives. The members from the
"enate shall be appointed b! the "enate 6resident based on proportional
representation of the parties or coalition therein with at least one *8+ member
representing the Binorit!. The members from the ?ouse of .epresentative shall be
appointed b! the "peaker% also based on proportional representation of the parties or
coalitions therein with the Chair of the ?ouse of Committee on >elfare of Children and
at least one *8+ member representing the Binorit!
The Committee shall be headed b! the respective Chairs of the "enate Committee on
Houth% >omen and Aamil! relations and the ?ouse of .epresentatives Committee on
Fustice. The "ecretariat of the Congressional @versight Committee shall come from the
e4isting "ecretariat personnel of the Committees of the "enate and the ?ouse of
.epresentatives concerned.
The Committee shall monitor and ensure the effective implementation of this Act%
determine inherent weakness and loopholes in the law. .ecommend the necessar!
remedial legislator or administrative measures and perform such other duties and
functions as ma! be necessar! to attain the ob'ectives of this Act.
Se1tion '#. (ppropriations. # The amount necessar! to implement the provisions of the
Anti#Child 6ornograph! Act and the operationali$ation of the nter#Agenc! Council
Against Child 6ornograph! shall be included in the annual Eeneral Appropriations Act.
Se1tion '". $pleenting Rules and Regulations. # The nter# Agenc! Council Against
Child pornograph! shall promulgate the necessar! implementing rules and regulations
within ninet! *90+ da!s from the effectivit! of this Act.
Se1tion '%. Suppletory (pplication of the Revised Penal Code. # The .evised penal
Code shall be suppletoril! applicable to this Act.
Se1tion '5. Separability Clause. # f an! part of this Act is declared unconstitutional or
invalid% the other provisions not affected thereb! shall continue to be in full force and
effect.
Se1tion '. Repealing Clause. # All laws% presidential decrees% e4ecutive orders%
administrative orders% rules and regulations inconsistent with or contrar! to the
provisions of this Act are deemed amended% modified or repealed accordingl!.
Se1tion 3(. &ffectivity. # This Act shall effect after fifteen *8D+ da!s following its
complete publication in the @fficial Ea$ette or in at least two *2+ newspapers of general
circulation.
Appro:e4&
This Act which is a consolidation of "enate -ill <o. 218/ and ?ouse -ill <o. =220 was
finall! passed b! the "enate and the ?ouse of .epresentatives on @ctober 81% 2009.
Approved) <ovember 8/% 2009
"gd. )LORIA +ACAPA)AL8ARRO=O
REPUBLIC ACT No. 5(.
AN ACT RE)ULATIN) *A>IN) AN- OT*ER FOR+S OF INITIATION RITES IN
FRATERNITIES& SORORITIES& AN- OT*ER OR)ANI>ATIONS AN- PRO,I-IN)
PENALTIES T*EREFOR
Se1tion !. ?a$ing% as used in this Act% is an initiation rite or practice as a prere(uisite
for admission into membership in a fraternit!% sororit! or organi$ation b! placing the
recruit% neoph!te or applicant in some embarrassing or humiliating situations such as
forcing him to do menial% sill!% foolish and other similar tasks or activities or otherwise
sub'ecting him to ph!sical or ps!chological suffering or in'ur!.
The term "organi$ation" shall include an! club or the Armed Aorces of the 6hilippines%
6hilippine <ational 6olice% 6hilippine Bilitar! Academ!% or officer and cadet corp of the
Citi$en&s Bilitar! Training and Citi$en&s Arm! Training. The ph!sical% mental and
ps!chological testing and training procedure and practices to determine and enhance
the ph!sical% mental and ps!chological fitness of prospective regular members of the
Armed Aorces of the 6hilippines and the 6hilippine <ational 6olice as approved n! the
"ecretar! of <ational Defense and the <ational 6olice Commission dul! recommended
b! the Chief of "taff% Armed Aorces of the 6hilippines and the Director Eeneral of the
6hilippine <ational 6olice shall not be considered as ha$ing for the purposes of this Act.
Se1tion '. <o ha$ing or initiation rites in an! form or manner b! a fraternit!% sororit! or
organi$ation shall be allowed without prior written notice to the school authorities or
head of organi$ation seven */+ da!s before the conduct of such initiation. The written
notice shall indicate the period of the initiation activities which shall not e4ceed three *1+
da!s% shall include the names of those to be sub'ected to such activities% and shall
further contain an undertaking that no ph!sical violence be emplo!ed b! an!bod! during
such initiation rites.
Se1tion 3. The head of the school or organi$ation or their representatives must assign
at least two *2+ representatives of the school or organi$ation% as the case ma! be% to be
present during the initiation. t is the dut! of such representative to see to it that no
ph!sical harm of an! kind shall be inflicted upon a recruit% neoph!te or applicant.
Se1tion .. f the person sub'ected to ha$ing or other forms of initiation rites suffers an!
ph!sical in'ur! or dies as a result thereof% the officers and members of the fraternit!%
sororit! or organi$ation who actuall! participated in the infliction of ph!sical harm shall
be liable as principals. The person or persons who participated in the ha$ing shall
suffer)
8. The penalt! of reclusion perpetua *life imprisonment+ if death% rape% sodom! or
mutilation results there from.
2. The penalt! of reclusion temporal in its ma4imum period *8/ !ears% 2 months
and 8 da! to 20 !ears+ if in conse(uence of the ha$ing the victim shall become
insane% imbecile% impotent or blind.
1. The penalt! of reclusion temporal in its medium period *82 !ears% : months
and one da! to 8/ !ears and 2 months+ if in conse(uence of the ha$ing the victim
shall have lost the use of speech or the power to hear or to smell% or shall have
lost an e!e% a hand% a foot% an arm or a leg or shall have lost the use of an! such
member shall have become incapacitated for the activit! or work in which he was
habituall! engaged.
2. The penalt! of reclusion temporal in its minimum period *82 !ears and one da!
to 82 !ears and : months+ if in conse(uence of the ha$ing the victim shall
become deformed or shall have lost an! other part of his bod!% or shall have lost
the use thereof% or shall have been ill or incapacitated for the performance on the
activit! or work in which he was habituall! engaged for a period of more than
ninet! *90+ da!s.
D. The penalt! of prison ma!or in its ma4imum period *80 !ears and one da! to
82 !ears+ if in conse(uence of the ha$ing the victim shall have been ill or
incapacitated for the performance on the activit! or work in which he was
habituall! engaged for a period of more than thirt! *10+ da!s.
=. The penalt! of prison ma!or in its medium period *: !ears and one da! to 80
!ears+ if in conse(uence of the ha$ing the victim shall have been ill or
habituall! engaged for a period of ten *80+ da!s or more% or that the in'ur!
sustained shall re(uire medical assistance for the same period.
/. The penalt! of prison ma!or in its minimum period *= !ears and one da! to :
!ears+ if in conse(uence of the ha$ing the victim shall have been ill or
habituall! engaged from one *8+ to nine *9+ da!s% or that the in'ur! sustained shall
re(uire medical assistance for the same period.
:. The penalt! of prison correccional in its ma4imum period *2 !ears% 2 months
and one da! to = !ears+ if in conse(uence of the ha$ing the victim sustained
ph!sical in'uries which do not prevent him from engaging in his habitual activit!
or work nor re(uire medical attendance.
The responsible officials of the school or of the police% militar! or citi$en&s arm! training
organi$ation% ma! impose the appropriate administrative sanctions on the person or the
persons charged under this provision even before their conviction. The ma4imum
penalt! herein provided shall be imposed in an! of the following instances)
*a+ when the recruitment is accompanied b! force% violence% threat% intimidation
or deceit on the person of the recruit who refuses to 'oinC
*b+ when the recruit% neoph!te or applicant initiall! consents to 'oin but upon
learning that ha$ing will be committed on his person% is prevented from (uittingC
*c+ when the recruit% neoph!te or applicant having undergone ha$ing is prevented
from reporting the unlawful act to his parents or guardians% to the proper school
authorities% or to the police authorities% through force% violence% threat or
intimidationC
*d+ when the ha$ing is committed outside of the school or institutionC or
*e+ when the victim is below twelve *82+ !ears of age at the time of the ha$ing.
The owner of the place where ha$ing is conducted shall be liable as an accomplice%
when he has actual knowledge of the ha$ing conducted therein but failed to take an!
action to prevent the same from occurring. f the ha$ing is held in the home of one of the
officers or members of the fraternit!% group% or organi$ation% the parents shall be held
liable as principals when the! have actual knowledge of the ha$ing conducted therein
but failed to take an! action to prevent the same from occurring.
The school authorities including facult! members who consent to the ha$ing or who
have actual knowledge thereof% but failed to take an! action to prevent the same from
occurring shall be punished as accomplices for the acts of ha$ing committed b! the
perpetrators.
The officers% former officers% or alumni of the organi$ation% group% fraternit! or sororit!
who actuall! planned the ha$ing although not present when the acts constituting the
ha$ing were committed shall be liable as principals. A fraternit! or sororit!&s adviser who
is present when the acts constituting the ha$ing were committed and failed to take
action to prevent the same from occurring shall be liable as principal.
The presence of an! person during the ha$ing is prima facie evidence of participation
therein as principal unless he prevented the commission of the acts punishable herein.
An! person charged under this provision shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong.
This section shall appl! to the president% manager% director or other responsible officer
of a corporation engaged in ha$ing as a re(uirement for emplo!ment in the manner
provided herein.
Se1tion #. f an! provision or part of this Act is declared invalid or unconstitutional% the
other parts or provisions thereof shall remain valid and effective.
Se1tion ". All laws% orders% rules or regulations which are inconsistent with or contrar!
to the provisions of this Act are hereb! amended or repealed accordingl!.
Se1tion %. This Act shall take effect fifteen *8D+ calendar da!s after its publication in at
least two *2+ national newspapers of general circulation.
REPUBLIC ACT No. .'((
AN ACT TO PRO*IBIT AN- PENALI>E /IRE TAPPIN) AN- OT*ER RELATE-
,IOLATIONS OF T*E PRI,AC= OF CO++UNICATION& AN- FOR OT*ER
PURPOSES.
Se1tion !. t shall be unlawful for an! person% not being authori$ed b! all the parties to
an! private communication or spoken word% to tap an! wire or cable% or b! using an!
other device or arrangement% to secretl! overhear% intercept% or record such
communication or spoken word b! using a device commonl! known as a dictaphone or
dictagraph or dictaphone or walkie#talkie or tape recorder% or however otherwise
described)
t shall also be unlawful for an! person% be he a participant or not in the act or acts
penali$ed in the ne4t preceding sentence% to knowingl! possess an! tape record% wire
record% disc record% or an! other such record% or copies thereof% of an! communication
or spoken word secured either before or after the effective date of this Act in the manner
prohibited b! this lawC or to repla! the same for an! other person or personsC or to
communicate the contents thereof% either verball! or in writing% or to furnish
transcriptions thereof% whether complete or partial% to an! other person) Provided% That
the use of such record or an! copies thereof as evidence in an! civil% criminal
investigation or trial of offenses mentioned in section 1 hereof% shall not be covered b!
this prohibition.
Se1tion '. An! person who willfull! or knowingl! does or who shall aid% permit% or cause
to be done an! of the acts declared to be unlawful in the preceding section or who
violates the provisions of the following section or of an! order issued thereunder% or
aids% permits% or causes such violation shall% upon conviction thereof% be punished b!
imprisonment for not less than si4 months or more than si4 !ears and with the
accessor! penalt! of perpetual absolute dis(ualification from public office if the offender
be a public official at the time of the commission of the offense% and% if the offender is an
alien he shall be sub'ect to deportation proceedings.
Se1tion 3. <othing contained in this Act% however% shall render it unlawful or punishable
for an! peace officer% who is authori$ed b! a written order of the Court% to e4ecute an!
of the acts declared to be unlawful in the two preceding sections in cases involving the
crimes of treason% espionage% provoking war and dislo!alt! in case of war% pirac!%
mutin! in the high seas% rebellion% conspirac! and proposal to commit rebellion% inciting
to rebellion% sedition% conspirac! to commit sedition% inciting to sedition% kidnapping as
defined b! the .evised 6enal Code% and violations of Commonwealth Act <o. =8=%
punishing espionage and other offenses against national securit!) Provided% That such
written order shall onl! be issued or granted upon written application and the
e4amination under oath or affirmation of the applicant and the witnesses he ma!
produce and a showing) *8+ that there are reasonable grounds to believe that an! of the
crimes enumerated hereinabove has been committed or is being committed or is about
to be committed) Provided! ho0ever% That in cases involving the offenses of rebellion%
conspirac! and proposal to commit rebellion% inciting to rebellion% sedition% conspirac! to
commit sedition% and inciting to sedition% such authorit! shall be granted onl! upon prior
proof that a rebellion or acts of sedition% as the case ma! be% have actuall! been or are
being committedC *2+ that there are reasonable grounds to believe that evidence will be
obtained essential to the conviction of an! person for% or to the solution of% or to the
prevention of% an! of such crimesC and *1+ that there are no other means readil!
available for obtaining such evidence.
The order granted or issued shall specif!) *8+ the identit! of the person or persons
whose communications% conversations% discussions% or spoken words are to be
overheard% intercepted% or recorded and% in the case of telegraphic or telephonic
communications% the telegraph line or the telephone number involved and its locationC
*2+ the identit! of the peace officer authori$ed to overhear% intercept% or record the
communications% conversations% discussions% or spoken wordsC *1+ the offense or
offenses committed or sought to be preventedC and *2+ the period of the authori$ation.
The authori$ation shall be effective for the period specified in the order which shall not
e4ceed si4t! *=0+ da!s from the date of issuance of the order% unless e4tended or
renewed b! the court upon being satisfied that such e4tension or renewal is in the public
interest.
All recordings made under court authori$ation shall% within fort!#eight hours after the
e4piration of the period fi4ed in the order% be deposited with the court in a sealed
envelope or sealed package% and shall be accompanied b! an affidavit of the peace
officer granted such authorit! stating the number of recordings made% the dates and
times covered b! each recording% the number of tapes% discs% or records included in the
deposit% and certif!ing that no duplicates or copies of the whole or an! part thereof have
been made% or if made% that all such duplicates or copies are included in the envelope or
package deposited with the court. The envelope or package so deposited shall not be
opened% or the recordings repla!ed% or used in evidence% or their contents revealed%
e4cept upon order of the court% which shall not be granted e4cept upon motion% with due
notice and opportunit! to be heard to the person or persons whose conversation or
communications have been recorded.
The court referred to in this section shall be understood to mean the Court of Airst
nstance within whose territorial 'urisdiction the acts for which authorit! is applied for are
to be e4ecuted.
Se1tion .. An! communication or spoken word% or the e4istence% contents% substance%
purport% effect% or meaning of the same or an! part thereof% or an! information therein
contained obtained or secured b! an! person in violation of the preceding sections of
this Act shall not be admissible in evidence in an! 'udicial% (uasi#'udicial% legislative or
administrative hearing or investigation.
Se1tion #. All laws inconsistent with the provisions of this Act are hereb! repealed or
accordingl! amended.
Se1tion ". This Act shall take effect upon its approval.
Approved) Fune 89% 89=D
.epublic of the 6hilippines
CON)RESS OF T*E P*ILIPPINES
Betro Banila
Fourteenth Congress
-egun and held in Betro Banila% on Bonda!% the twent!#seventh da! of Ful!% two
thousand nine.
Repu;li1 A1t No. #
AN ACT -EFININ) AN- PENALI>IN) T*E CRI+E OF P*OTO AN- ,I-EO
,O=EURIS+& PRESCRIBIN) PENALTIES T*EREFOR& AN- FOR OT*ER
PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in
Congress assebled=
Se1tion !. Short Title. # This Act shall be known as the AAnti+Photo and @ideo
@oyeurism Act of ?==:A.
Se1tion '. Declaration of Policy. # The "tate values the dignit! and privac! of ever!
human person and guarantees full respect for human rights. Toward this end% the "tate
shall penali$e acts that would destro! the honor% dignit! and integrit! of a person.
Se1tion 3. Definition of Ters. # Aor purposes of this Act% the term)
*a+ "-roadcast" means to make public% b! an! means% a visual image with the
intent that it be viewed b! a person or persons.
*b+ "Capture" with respect to an image% means to videotape% photograph% film%
record b! an! means% or broadcast.
*c+ "Aemale breast" means an! portion of the female breast.
*d+ "6hoto or video vo!eurism" means the act of taking photo or video coverage
of a person or group of persons performing se4ual act or an! similar activit! or of
capturing an image of the private area of a person or persons without the latter&s
consent% under circumstances in which such person,s has,have a reasonable
e4pectation of privac!% or the act of selling% cop!ing% reproducing% broadcasting%
sharing% showing or e4hibiting the photo or video coverage or recordings of such
se4ual act or similar activit! through 3CD,D3D% internet% cellular phones and
similar means or device without the written consent of the person,s involved%
notwithstanding that consent to record or take photo or video coverage of same
was given b! such person&s.
*e+ "6rivate area of a person" means the naked or undergarment clad genitals%
public area% buttocks or female breast of an individual.
*f+ ";nder circumstances in which a person has a reasonable e4pectation of
privac!" means believe that he,she could disrobe in privac!% without being
concerned that an image or a private area of the person was being capturedC or
circumstances in which a reasonable person would believe that a private area of
the person would not be visible to the public% regardless of whether that person is
in a public or private place.
Se1tion .. Prohibited (cts. # t is hereb! prohibited and declared unlawful for an!
person)
*a+ To take photo or video coverage of a person or group of persons performing
se4ual act or an! similar activit! or to capture an image of the private area of a
person,s such as the naked or undergarment clad genitals% public area% buttocks
or female breast without the consent of the person,s involved and under
circumstances in which the person,s has,have a reasonable e4pectation of
privac!C
*b+ To cop! or reproduce% or to cause to be copied or reproduced% such photo or
video or recording of se4ual act or an! similar activit! with or without
considerationC
*c+ To sell or distribute% or cause to be sold or distributed% such photo or video or
recording of se4ual act% whether it be the original cop! or reproduction thereofC or
*d+ To publish or broadcast% or cause to be published or broadcast% whether in
print or broadcast media% or show or e4hibit the photo or video coverage or
recordings of such se4ual act or an! similar activit! through 3CD,D3D% internet%
cellular phones and other similar means or device.
The prohibition under paragraphs *b+% *c+ and *d+ shall appl! notwithstanding that
consent to record or take photo or video coverage of the same was given b! such
person,s. An! person who violates this provision shall be liable for photo or video
vo!eurism as defined herein.
Se1tion #. Penalties. # The penalt! of imprisonment of not less that three *1+ !ears but
not more than seven */+ !ears and a fine of not less than @ne hundred thousand pesos
*6800%000.00+ but not more than Aive hundred thousand pesos *6D00%000.00+% or both%
at the discretion of the court shall be imposed upon an! person found guilt! of violating
"ection 2 of this Act.
f the violator is a 'uridical person% its license or franchise shall be automaticall! be
deemed revoked and the persons liable shall be the officers thereof including the editor
and reporter in the case of print media% and the station manager% editor and broadcaster
in the case of a broadcast media.
f the offender is a public officer or emplo!ee% or a professional% he,she shall be
administrativel! liable.
f the offender is an alien% he,she shall be sub'ect to deportation proceedings after
serving his,her sentence and pa!ment of fines.
Se1tion ". &6eption. # <othing contained in this Act% however% shall render it unlawful
or punishable for an! peace officer% who is authori$ed b! a written order of the court% to
use the record or an! cop! thereof as evidence in an! civil% criminal investigation or trial
of the crime of photo or video vo!eurism) 6rovided% That such written order shall onl! be
issued or granted upon written application and the e4amination under oath or affirmation
of the applicant and the witnesses he,she ma! produce% and upon showing that there
are reasonable grounds to believe that photo or video vo!eurism has been committed or
is about to be committed% and that the evidence to be obtained is essential to the
conviction of an! person for% or to the solution or prevention of such% crime.
Se1tion %. $nadissibility of &vidence. # An! record% photo or video% or cop! thereof%
obtained or secured b! an! person in violation of the preceding sections shall not be
admissible in evidence in an! 'udicial% (uasi#'udicial% legislative or administrative hearing
or investigation.BavvphiB
Se1tion 5. Separability Clause. # f an! provision or part hereof is held invalid or
unconstitutional% the remaining provisions not affected thereb! shall remain valid and
subsisting.
Se1tion . Repealing Clause. # An! law% presidential decree or issuance% e4ecutive
order% letter of instruction % administrative order% rule or regulation contrar! to or
inconsistent with the provisions of this Act is hereb! repealed% modified or amended
accordingl!.
Se1tion !(. &ffectivity Clause. # This Act shall take effect fifteen *8D+ da!s after its
complete publication in the @fficial Ea$ette or in two*2+ newspapers of general
circulation.
Approved
*"gd.+ PROSPERO C. NO)RALES
.epresentatives
*"gd.+ $UAN PONCE ENRILE
This Act which is a consolidation of "enate -ill <o. 21D/ and ?ouse -ill <o. =D/8 was
finall! passed b! the "enate and the ?ouse of .epresentatives on December 8% 2009
and <ovember 8:% 2009% respectivel!.
*"gd.+ +ARIL=N B. BARUA8=AP
"ecretar! Eeneral
*"gd.+ E++A LIRIO8RE=ES
"ecretar! of "enate
Approved) FEB !#& '(!(
*"gd.+ )LORIA +ACAPA)AL8ARRO=O
Betro Banila
Ninth Congress
Repu;li1 A1t No. %"!( $une !%& !'
AN ACT PRO,I-IN) FOR STRON)ER -ETERRENCE AN- SPECIAL
PROTECTION A)AINST C*IL- ABUSE& E<PLOITATION AN- -ISCRI+INATION&
AN- FOR OT*ER PURPOSES
Congress assebled=)
ARTICLE I
Title& Poli17& Prin1iples an4 -efinitions of Ter2s
Se1tion !. Title. This Act shall be known as the DSpecial Protection of Children
Against A"use. );ploitation and iscrimination Act.D
Se1tion '. eclaration of State Policy and Principles. t is hereb! declared to be
the polic! of the "tate to provide special protection to children from all firms of abuse%
neglect% cruelt! e4ploitation and discrimination and other conditions% pre'udicial their
developmentC provide sanctions for their commission and carr! out a program for
prevention and deterrence of and crisis intervention in situations of child abuse%
e4ploitation and discrimination. The "tate shall intervene on behalf of the child when the
parent% guardian% teacher or person having care or custod! of the child fails or is unable
to protect the child against abuse% e4ploitation and discrimination or when such acts
against the child are committed b! the said parent% guardian% teacher or person having
care and custod! of the same.Ba0phiBCalf
t shall be the polic! of the "tate to protect and rehabilitate children gravel! threatened
or endangered b! circumstances which affect or will affect their survival and normal
development and over which the! have no control.
The best interests of children shall be the paramount consideration in all actions
concerning them% whether undertaken b! public or private social welfare institutions%
courts of law% administrative authorities% and legislative bodies% consistent with the
principle of Airst Call for Children as enunciated in the ;nited <ations Convention of the
.ights of the Child. 7ver! effort shall be e4erted to promote the welfare of children and
enhance their opportunities for a useful and happ! life.
Se1tion 3. efinition of Terms.
*a+ "Children" refers to person below eighteen *8:+ !ears of age or those over but
are unable to full! take care of themselves or protect themselves from abuse%
neglect% cruelt!% e4ploitation or discrimination because of a ph!sical or mental
disabilit! or conditionC
*b+ "Child abuse" refers to the maltreatment% whether habitual or not% of the child
which includes an! of the following)
*8+ 6s!chological and ph!sical abuse% neglect% cruelt!% se4ual abuse and
emotional maltreatmentC
*2+ An! act b! deeds or words which debases% degrades or demeans the
intrinsic worth and dignit! of a child as a human beingC
*1+ ;nreasonable deprivation of his basic needs for survival% such as food
and shelterC or
*2+ Aailure to immediatel! give medical treatment to an in'ured child
resulting in serious impairment of his growth and development or in his
permanent incapacit! or death.
*c+ "Circumstances which gravel! threaten or endanger the survival and normal
development of children" include% but are not limited to% the followingC
*8+ -eing in a communit! where there is armed conflict or being affected
b! armed conflict#related activitiesC
*2+ >orking under conditions ha$ardous to life% safet! and normal which
undul! interfere with their normal developmentC
*1+ 5iving in or fending for themselves in the streets of urban or rural areas
without the care of parents or a guardian or basic services needed for a
good (ualit! of lifeC
*2+ -eing a member of a indigenous cultural communit! and,or living
under conditions of e4treme povert! or in an area which is
underdeveloped and,or lacks or has inade(uate access to basic services
needed for a good (ualit! of lifeC
*D+ -eing a victim of a man#made or natural disaster or calamit!C or
*=+ Circumstances analogous to those abovestated which endanger the
life% safet! or normal development of children.
*d+ "Comprehensive program against child abuse% e4ploitation and
discrimination" refers to the coordinated program of services and facilities to
protected children against)
*8+ Child 6rostitution and other se4ual abuseC
*2+ Child traffickingC
*1+ @bscene publications and indecent showsC
*2+ @ther acts of abusesC and
*D+ Circumstances which threaten or endanger the survival and normal
development of children.Ba0phiBD
ARTICLE II
Progra2 on Chil4 A;use& EBploitation an4 -is1ri2ination
Se1tion .. (ormulation of the Program. There shall be a comprehensive program to
be formulated% b! the Department of Fustice and the Department of "ocial >elfare and
Development in coordination with other government agencies and private sector
concerned% within one *8+ !ear from the effectivit! of this Act% to protect children against
child prostitution and other se4ual abuseC child trafficking% obscene publications and
indecent showsC other acts of abuseC and circumstances which endanger child survival
and normal development.
ARTICLE III
Chil4 Prostitution an4 Other SeBual A;use
Se1tion #. Child Prostitution and Other Se;ual A"use. Children% whether male or
female% who for mone!% profit% or an! other consideration or due to the coercion or
influence of an! adult% s!ndicate or group% indulge in se4ual intercourse or lascivious
conduct% are deemed to be children e4ploited in prostitution and other se4ual abuse.
The penalt! of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following)
*a+ Those who engage in or promote% facilitate or induce child prostitution which
include% but are not limited to% the following)
*8+ Acting as a procurer of a child prostituteC
*2+ nducing a person to be a client of a child prostitute b! means of
written or oral advertisements or other similar meansC
*1+ Taking advantage of influence or relationship to procure a child as
prostituteC
*2+ Threatening or using violence towards a child to engage him as a
prostituteC or
*D+ Eiving monetar! consideration goods or other pecuniar! benefit to a
child with intent to engage such child in prostitution.
*b+ Those who commit the act of se4ual intercourse of lascivious conduct with a
child e4ploited in prostitution or sub'ect to other se4ual abuseC 6rovided% That
when the victims is under twelve *82+ !ears of age% the perpetrators shall be
prosecuted under Article 11D% paragraph 1% for rape and Article 11= of Act <o.
1:8D% as amended% the .evised 6enal Code% for rape or lascivious conduct% as
the case ma! be) 6rovided% That the penalt! for lascivious conduct when the
victim is under twelve *82+ !ears of age shall be reclusion temporal in its medium
periodC and
*c+ Those who derive profit or advantage therefrom% whether as manager or
owner of the establishment where the prostitution takes place% or of the sauna%
disco% bar% resort% place of entertainment or establishment serving as a cover or
which engages in prostitution in addition to the activit! for which the license has
been issued to said establishment.
Se1tion ". Attempt To Commit Child Prostitution. There is an attempt to commit
child prostitution under "ection D% paragraph *a+ hereof when an! person who% not being
a relative of a child% is found alone with the said child inside the room or cubicle of a
house% an inn% hotel% motel% pension house% apartelle or other similar establishments%
vessel% vehicle or an! other hidden or secluded area under circumstances which would
lead a reasonable person to believe that the child is about to be e4ploited in prostitution
and other se4ual abuse.
There is also an attempt to commit child prostitution% under paragraph *b+ of "ection D
hereof when an! person is receiving services from a child in a sauna parlor or bath%
massage clinic% health club and other similar establishments. A penalt! lower b! two *2+
degrees than that prescribed for the consummated felon! under "ection D hereof shall
be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act% or% in the proper case% under the .evised 6enal Code.
ARTICLE I,
Chil4 Traffi19ing
Se1tion %. Child Traffic-ing. An! person who shall engage in trading and dealing
with children including% but not limited to% the act of bu!ing and selling of a child for
mone!% or for an! other consideration% or barter% shall suffer the penalt! of reclusion
temporal to reclusion perpetua. The penalt! shall be imposed in its ma4imum period
when the victim is under twelve *82+ !ears of age.
Se1tion 5. Attempt to Commit Child Traffic-ing. There is an attempt to commit
child trafficking under "ection / of this Act)Ba0phiBCalf
*a+ >hen a child travels alone to a foreign countr! without valid reason therefor
and without clearance issued b! the Department of "ocial >elfare and
Development or written permit or 'ustification from the child&s parents or legal
guardianC
*c+ >hen a person% agenc!% establishment or child#caring institution recruits
women or couples to bear children for the purpose of child traffickingC or
*d+ >hen a doctor% hospital or clinic official or emplo!ee% nurse% midwife% local
civil registrar or an! other person simulates birth for the purpose of child
traffickingC or
*e+ >hen a person engages in the act of finding children among low#income
families% hospitals% clinics% nurseries% da!#care centers% or other child#during
institutions who can be offered for the purpose of child trafficking.
A penalt! lower two *2+ degrees than that prescribed for the consummated felon! under
"ection / hereof shall be imposed upon the principals of the attempt to commit child
trafficking under this Act.
ARTICLE ,
O;s1ene Pu;li1ations an4 In4e1ent Shows
Se1tion . O"scene Pu"lications and Indecent Shows. An! person who shall hire%
emplo!% use% persuade% induce or coerce a child to perform in obscene e4hibitions and
indecent shows% whether live or in video% or model in obscene publications or
pornographic materials or to sell or distribute the said materials shall suffer the penalt!
of prision ma!or in its medium period.
f the child used as a performer% sub'ect or seller,distributor is below twelve *82+ !ears of
age% the penalt! shall be imposed in its ma4imum period.
An! ascendant% guardian% or person entrusted in an! capacit! with the care of a child
who shall cause and,or allow such child to be emplo!ed or to participate in an obscene
pla!% scene% act% movie or show or in an! other acts covered b! this section shall suffer
the penalt! of prision ma!or in its medium period.
ARTICLE ,I
Other A1ts of A;use
Se1tion !(. Other Acts of /eglect. A"use. Cruelty or );ploitation and Other
Conditions Pre2udicial to the Child0s evelopment.
*a+ An! person who shall commit an! other acts of child abuse% cruelt! or
e4ploitation or to be responsible for other conditions pre'udicial to the child&s
development including those covered b! Article D9 of 6residential Decree <o.
=01% as amended% but not covered b! the .evised 6enal Code% as amended%
shall suffer the penalt! of prision ma!or in its minimum period.
*b+ An! person who shall keep or have in his compan! a minor% twelve *82+ !ears
or under or who in ten *80+ !ears or more his 'unior in an! public or private place%
hotel% motel% beer 'oint% discothe(ue% cabaret% pension house% sauna or massage
parlor% beach and,or other tourist resort or similar places shall suffer the penalt!
of prision ma!or in its ma4imum period and a fine of not less than Aift! thousand
pesos *6D0%000+) 6rovided% That this provision shall not appl! to an! person who
is related within the fourth degree of consanguinit! or affinit! or an! bond
recogni$ed b! law% local custom and tradition or acts in the performance of a
social% moral or legal dut!.
*c+ An! person who shall induce% deliver or offer a minor to an! one prohibited b!
this Act to keep or have in his compan! a minor as provided in the preceding
paragraph shall suffer the penalt! of prision ma!or in its medium period and a
fine of not less than Aort! thousand pesos *620%000+C 6rovided% however% That
should the perpetrator be an ascendant% stepparent or guardian of the minor% the
penalt! to be imposed shall be prision ma!or in its ma4imum period% a fine of not
less than Aift! thousand pesos *6D0%000+% and the loss of parental authorit! over
the minor.
*d+ An! person% owner% manager or one entrusted with the operation of an! public
or private place of accommodation% whether for occupanc!% food% drink or
otherwise% including residential places% who allows an! person to take along with
him to such place or places an! minor herein described shall be imposed a
penalt! of prision ma!or in its medium period and a fine of not less than Aift!
thousand pesos *6D0%000+% and the loss of the license to operate such a place or
establishment.
*e+ An! person who shall use% coerce% force or intimidate a street child or an!
other child toC
*8+ -eg or use begging as a means of livingC
*2+ Act as conduit or middlemen in drug trafficking or pushingC or
*1+ Conduct an! illegal activities% shall suffer the penalt! of prision
correccional in its medium period to reclusion perpetua.
Aor purposes of this Act% the penalt! for the commission of acts punishable under
Articles 22:% 229% 2=2% paragraph 2% and 2=1% paragraph 8 of Act <o. 1:8D% as
amended% the .evised 6enal Code% for the crimes of murder% homicide% other intentional
mutilation% and serious ph!sical in'uries% respectivel!% shall be reclusion perpetua when
the victim is under twelve *82+ !ears of age. The penalt! for the commission of acts
punishable under Article 11/% 119% 120 and 128 of Act <o. 1:8D% as amended% the
.evised 6enal Code% for the crimes of (ualified seduction% acts of lasciviousness with
the consent of the offended part!% corruption of minors% and white slave trade%
respectivel!% shall be one *8+ degree higher than that imposed b! law when the victim is
under twelve *82+ !ears age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of "ocial >elfare and Development.
ARTICLE ,II
San1tions for Esta;lish2ents or Enterprises
Se1tion !!. Sanctions of )sta"lishments or )nterprises which Promote.
(acilitate. or Conduct Activities Constituting Child Prostitution and Other Se;ual
A"use. Child Traffic-ing. O"scene Pu"lications and Indecent Shows. and Other
Acts of A"use. All establishments and enterprises which promote or facilitate child
prostitution and other se4ual abuse% child trafficking% obscene publications and indecent
shows% and other acts of abuse shall be immediatel! closed and their authorit! or
license to operate cancelled% without pre'udice to the owner or manager thereof being
prosecuted under this Act and,or the .evised 6enal Code% as amended% or special laws.
A sign with the words "off limits" shall be conspicuousl! displa!ed outside the
establishments or enterprises b! the Department of "ocial >elfare and Development for
such period which shall not be less than one *8+ !ear% as the Department ma!
determine. The unauthori$ed removal of such sign shall be punishable b! prision
correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other
se4ual abuse% child trafficking% obscene publications and indecent shows% and other acts
of abuse if the acts constituting the same occur in the premises of said establishment
under this Act or in violation of the .evised 6enal Code% as amended. An enterprise
such as a sauna% travel agenc!% or recruitment agenc! which) promotes the
aforementioned acts as part of a tour for foreign touristsC e4hibits children in a lewd or
indecent showC provides child masseurs for adults of the same or opposite se4 and said
services include an! lascivious conduct with the customersC or solicits children or
activities constituting the aforementioned acts shall be deemed to have committed the
acts penali$ed herein.
ARTICLE ,III
/or9ing Chil4ren
Se1tion !'. )mployment of Children. Children below fifteen *8D+ !ears of age ma!
be emplo!ed e4cept)
*8+ >hen a child works directl! under the sole responsibilit! of his parents or
legal guardian and where onl! members of the emplo!er&s famil! are emplo!ed)
6rovided% however% That his emplo!ment neither endangers his life% safet! and
health and morals% nor impairs his normal development) 6rovided% further% That
the parent or legal guardian shall provide the said minor child with the prescribed
primar! and,or secondar! educationC or
*2+ >hen a child&s emplo!ment or participation in public Z entertainment or
information through cinema% theater% radio or television is essential) 6rovided%
The emplo!ment contract concluded b! the child&s parent or guardian% with the
e4press agreement of the child concerned% if possible% and the approval of the
Department of 5abor and 7mplo!ment) 6rovided% That the following re(uirements
in all instances are strictl! complied with)
*a+ The emplo!er shall ensure the protection% health% safet! and morals of the
childC
*b+ the emplo!er shall institute measures to prevent the child&s e4ploitation or
discrimination taking into account the s!stem and level of remuneration% and the
duration and arrangement of working timeC andC
*c+ The emplo!er shall formulate and implement% sub'ect to the approval and
supervision of competent authorities% a continuing program for training and skill
ac(uisition of the child.
n the above e4ceptional cases where an! such child ma! be emplo!ed% the emplo!er
shall first secure% before engaging such child% a work permit from the Department of
5abor and 7mplo!ment which shall ensure observance of the above re(uirement.
The Department of 5abor 7mplo!ment shall promulgate rules and regulations
necessar! for the effective implementation of this "ection.
Se1tion !3. /on+formal )ducation for %or-ing Children. The Department of
7ducation% Culture and "ports shall promulgate a course design under its non#formal
education program aimed at promoting the intellectual% moral and vocational efficienc!
of working children who have not undergone or finished elementar! or secondar!
education. "uch course design shall integrate the learning process deemed most
effective under given circumstances.
Se1tion !.. Prohi"ition on the )mployment of Children in Certain Advertisements.
<o person shall emplo! child models in all commercials or advertisements promoting
alcoholic beverages% into4icating drinks% tobacco and its b!products and violence.
Se1tion !#. uty of )mployer. 7ver! emplo!er shall compl! with the duties provided
for in Articles 80: and 809 of 6residential Decree <o. =01.
Se1tion !". Penalties. An! person who shall violate an! provision of this Article shall
suffer the penalt! of a fine of not less than @ne thousand pesos *68%000+ but not more
than Ten thousand pesos *680%000+ or imprisonment of not less than three *1+ months
but not more than three *1+ !ears% or both at the discretion of the courtC 6rovided% That%
in case of repeated violations of the provisions of this Article% the offender&s license to
operate shall be revoked.
ARTICLE I<
Chil4ren of In4igenous Cultural Co22unities
Se1tion !%. Survival. Protection and evelopment. n addition to the rights
guaranteed to children under this Act and other e4isting laws% children of indigenous
cultural communities shall be entitled to protection% survival and development consistent
with the customs and traditions of their respective communities.
Se1tion !5. System of and Access to )ducation. The Department of 7ducation%
Culture and "ports shall develop and institute an alternative s!stem of education for
children of indigenous cultural communities which culture#specific and relevant to the
needs of and the e4isting situation in their communities. The Department of 7ducation%
Culture and "ports shall also accredit and support non#formal but functional indigenous
educational programs conducted b! non#government organi$ations in said communities.
Se1tion !. 6ealth and /utrition. The deliver! of basic social services in health and
nutrition to children of indigenous cultural communities shall be given priorit! b! all
government agencies concerned. ?ospitals and other health institution shall ensure that
children of indigenous cultural communities are given e(ual attention. n the provision of
health and nutrition services to children of indigenous cultural communities% indigenous
health practices shall be respected and recogni$ed.
Se1tion '(. iscrimination. Children of indigenous cultural communities shall not be
sub'ected to an! and all forms of discrimination.
An! person who discriminate against children of indigenous cultural communities shall
suffer a penalt! of arresto ma!or in its ma4imum period and a fine of not less than Aive
thousand pesos *6D%000+ more than Ten thousand pesos *680%000+.
Se1tion '!. Participation. ndigenous cultural communities% through their dul!#
designated or appointed representatives shall be involved in planning% decision#making
implementation% and evaluation of all government programs affecting children of
indigenous cultural communities. ndigenous institution shall also be recogni$ed and
respected.
ARTICLE <
Chil4ren in Situations of Ar2e4 Confli1t
Se1tion ''. Children as Bones of Peace. Children are hereb! declared as Qones of
6eace. t shall be the responsibilit! of the "tate and all other sectors concerned to
resolve armed conflicts in order to promote the goal of children as $ones of peace. To
attain this ob'ective% the following policies shall be observed.
*a+ Children shall not be the ob'ect of attack and shall be entitled to special
respect. The! shall be protected from an! form of threat% assault% torture or other
cruel% inhumane or degrading treatmentC
*b+ Children shall not be recruited to become members of the Armed Aorces of
the 6hilippines of its civilian units or other armed groups% nor be allowed to take
part in the fighting% or used as guides% couriers% or spiesC
*c+ Deliver! of basic social services such as education% primar! health and
emergenc! relief services shall be kept unhamperedC
*d+ The safet! and protection of those who provide services including those
involved in fact#finding missions from both government and non#government
institutions shall be ensured. The! shall not be sub'ected to undue harassment in
the performance of their workC
*e+ 6ublic infrastructure such as schools% hospitals and rural health units shall not
be utili$ed for militar! purposes such as command posts% barracks% detachments%
and suppl! depotsC and
*f+ All appropriate steps shall be taken to facilitate the reunion of families
temporaril! separated due to armed conflict.
Se1tion '3. )vacuation of Children uring Armed Conflict. Children shall be given
priorit! during evacuation as a result of armed conflict. 74isting communit!
organi$ations shall be tapped to look after the safet! and well#being of children during
evacuation operations. Beasures shall be taken to ensure that children evacuated are
accompanied b! persons responsible for their safet! and well#being.
Se1tion '.. (amily !ife and Temporary Shelter. >henever possible% members of
the same famil! shall be housed in the same premises and given separate
accommodation from other evacuees and provided with facilities to lead a normal famil!
life. n places of temporar! shelter% e4pectant and nursing mothers and children shall be
given additional food in proportion to their ph!siological needs. >henever feasible%
children shall be given opportunities for ph!sical e4ercise% sports and outdoor games.
Se1tion '#. #ights of Children Arrested for #easons #elated to Armed Conflict.
An! child who has been arrested for reasons related to armed conflict% either as
combatant% courier% guide or sp! is entitled to the following rightsC
*a+ "eparate detention from adults e4cept where families are accommodated as
famil! unitsC
*b+ mmediate free legal assistanceC
*c+ mmediate notice of such arrest to the parents or guardians of the childC and
*d+ .elease of the child on recogni$ance within twent!#four *22+ hours to the
custod! of the Department of "ocial >elfare and Development or an!
responsible member of the communit! as determined b! the court.
f after hearing the evidence in the proper proceedings the court should find that the
aforesaid child committed the acts charged against him% the court shall determine the
imposable penalt!% including an! civil liabilit! chargeable against him. ?owever% instead
of pronouncing 'udgment of conviction% the court shall suspend all further proceedings
and shall commit such child to the custod! or care of the Department of "ocial >elfare
and Development or to an! training institution operated b! the Eovernment% or dul!#
licensed agencies or an! other responsible person% until he has had reached eighteen
*8:+ !ears of age or% for a shorter period as the court ma! deem proper% after
considering the reports and recommendations of the Department of "ocial >elfare and
Development or the agenc! or responsible individual under whose care he has been
committed.
The aforesaid child shall sub'ect to visitation and supervision b! a representative of the
Department of "ocial >elfare and Development or an! dul!#licensed agenc! or such
other officer as the court ma! designate sub'ect to such conditions as it ma! prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the
court in the same manner as appeals in criminal cases.
Se1tion '". Monitoring and #eporting of Children in Situations of Armed Conflict.
The chairman of the baranga! affected b! the armed conflict shall submit the names
of children residing in said baranga! to the municipal social welfare and development
officer within twent!#four *22+ hours from the occurrence of the armed conflict.
ARTICLE <I
Re2e4ial Pro1e4ures
Se1tion '%. %ho May (ile a Complaint. Complaints on cases of unlawful acts
committed against the children as enumerated herein ma! be filed b! the following)
*a+ @ffended part!C
*b+ 6arents or guardiansC
*c+ Ascendant or collateral relative within the third degree of
consanguinit!CBa0phiBC$TC
*d+ @fficer% social worker or representative of a licensed child#caring institutionC
*e+ @fficer or social worker of the Department of "ocial >elfare and
DevelopmentC
*f+ -aranga! chairmanC or
*g+ At least three *1+ concerned responsible citi$ens where the violation occurred.
Se1tion '5. Protective Custody of the Child. The offended part! shall be
immediatel! placed under the protective custod! of the Department of "ocial >elfare
and Development pursuant to 74ecutive @rder <o. D=% series of 89:=. n the regular
performance of this function% the officer of the Department of "ocial >elfare and
Development shall be free from an! administrative% civil or criminal liabilit!. Custod!
proceedings shall be in accordance with the provisions of 6residential Decree <o. =01.
Se1tion '. Confidentiality. At the instance of the offended part!% his name ma! be
withheld from the public until the court ac(uires 'urisdiction over the case.
t shall be unlawful for an! editor% publisher% and reporter or columnist in case of printed
materials% announcer or producer in case of television and radio broadcasting% producer
and director of the film in case of the movie industr!% to cause undue and
sensationali$ed publicit! of an! case of violation of this Act which results in the moral
degradation and suffering of the offended part!.La0phiBCalf
Se1tion 3(. Special Court Proceedings. Cases involving violations of this Act shall
be heard in the chambers of the 'udge of the .egional Trial Court dul! designated as
Fuvenile and Domestic Court.
An! provision of e4isting law to the contrar! notwithstanding and with the e4ception of
habeas corpus% election cases% and cases involving detention prisoners and persons
covered b! .epublic Act <o. 290:% all courts shall give preference to the hearing or
disposition of cases involving violations of this Act.
ARTICLE <II
Co22on Penal Pro:isions
Se1tion 3!. Common Penal Provisions.
*a+ The penalt! provided under this Act shall be imposed in its ma4imum period if
the offender has been previousl! convicted under this ActC
*b+ >hen the offender is a corporation% partnership or association% the officer or
emplo!ee thereof who is responsible for the violation of this Act shall suffer the
penalt! imposed in its ma4imum periodC
*c+ The penalt! provided herein shall be imposed in its ma4imum period when the
perpetrator is an ascendant% parent guardian% stepparent or collateral relative
within the second degree of consanguinit! or affinit!% or a manager or owner of
an establishment which has no license to operate or its license has e4pired or
has been revokedC
*d+ >hen the offender is a foreigner% he shall be deported immediatel! after
service of sentence and forever barred from entr! to the countr!C
*e+ The penalt! provided for in this Act shall be imposed in its ma4imum period if
the offender is a public officer or emplo!ee) 6rovided% however% That if the
penalt! imposed is reclusion perpetua or reclusion temporal% then the penalt! of
perpetual or temporar! absolute dis(ualification shall also be imposed) 6rovided%
finall!% That if the penalt! imposed is prision correccional or arresto ma!or% the
penalt! of suspension shall also be imposedC and
*f+ A fine to be determined b! the court shall be imposed and administered as a
cash fund b! the Department of "ocial >elfare and Development and disbursed
for the rehabilitation of each child victim% or an! immediate member of his famil!
if the latter is the perpetrator of the offense.
ARTICLE <III
Final Pro:isions
Se1tion 3'. #ules and #egulations. ;nless otherwise provided in this Act% the
Department of Fustice% in coordination with the Department of "ocial >elfare and
Development% shall promulgate rules and regulations of the effective implementation of
this Act.
"uch rules and regulations shall take effect upon their publication in two *2+ national
newspapers of general circulation.
Se1tion 33. Appropriations. The amount necessar! to carr! out the provisions of this
Act is hereb! authori$ed to be appropriated in the Eeneral Appropriations Act of the
!ear following its enactment into law and thereafter.
Se1tion 3.. Separa"ility Clause. f an! provision of this Act is declared invalid or
unconstitutional% the remaining provisions not affected thereb! shall continue in full force
and effect.
Se1tion 3#. #epealing Clause. All laws% decrees% or rules inconsistent with the
provisions of this Acts are hereb! repealed or modified accordingl!.
Se1tion 3". )ffectivity Clause. This Act shall take effect upon completion of its
publication in at least two *2+ national newspapers of general circulation.
Approved) $une !%& !'.la0phiBD

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