PRESIDENTIAL DECREE No.

1612
ANTI-FENCING LAW OF 1979
WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and private
properties;
WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the existence of
ready buyers, commonly known as fence, of stolen properties
WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly;
WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the
Constitution, do hereby order and decree as part of the law of the land the following:
Section 1. Title. This decree shall be known as the Anti-Fencing Law.
Section 2. Definition of Terms. The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object
or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime
of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other organization who/which commits
the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not exceeding
22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be
imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, the penalty shall be termed reclusion temporal and the
accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen
is more than 6,000 pesos but not exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property involved is more
than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value of the
property involved is over 50 pesos but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association, the president or
the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores, establishments or entities
dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier
thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station
commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief
of Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the
provisions of this section. Any person who fails to secure the clearance or permit required by this section or who violates any of
the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. lawphi1.net
Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.

PRESIDENTIAL DECREE NO. 1612

RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE NO. 1612,
KNOWN AS THE ANTI-FENCING LAW.
Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules and regulations are
hereby promulgated to govern the issuance of clearances/permits to sell used secondhand articles obtained from an unlicensed
dealer or supplier thereof:
I. Definition of Terms
1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value obtained from an
unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.
2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation, association or any other entity
or establishment not licensed by the government to engage in the business of dealing in or of supplying the articles
defined in the preceding paragraph.
3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the buying and selling used
secondhand articles, as defined in paragraph hereof.
4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to
third persons.
5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the territorial
limits of the town or city district where the store, establishment or entity dealing in the buying and selling of used
secondhand articles is located.
II. Duty to Procure Clearance or Permit
1. No person shall sell or offer to sell to the public any used secondhand article as defined herein without first securing
a clearance or permit for the purpose from the proper Station Commander of the Integrated National Police.
2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or group of
individuals, the clearance or permit shall be obtained by or in the name of the president, manager or other responsible
officer-in-charge thereof.
3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or subsidiary and
the used secondhand article is acquired by such branch or subsidiary for sale to the public, the said branch or
subsidiary shall secure the required clearance or permit.
4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt or equivalent
document evidencing the legality of its acquisition could be presented by the present possessor or holder thereof, or
the covering receipt, or equivalent document, of which is fake, falsified or irregularly obtained, shall be presumed as
having been acquired from an unlicensed dealer or supplier and the possessor or holder thereof must secure the
required clearance or permit before the same can be sold or offered for sale to the public.
III. Procedure for Procurement of Clearances or Permits
1. The Station Commanders concerned shall require the owner of a store or the president, manager or responsible
officer-in-charge of a firm, establishment or other entity located within their respective jurisdictions and in possession of
or having in stock used secondhand articles as defined herein, to submit an initial affidavit within thirty (30) days from
receipt of notice for the purpose thereof and subsequent affidavits once every fifteen (15) days within five (5) days after
the period covered, which shall contain:
(a) A complete inventory of such articles acquired daily from whatever source and the names and addresses
of the persons from whom such articles were acquired.
(b) A full list of articles to be sold or offered for sale as well as the place where the date when the sale or offer
for sale shall commence.
(c) The place where the articles are presently deposited or kept in stock.
The Station Commander may, at his discretion when the circumstances of each case warrant, require that the affidavit
submitted be accompanied by other documents showing proof of legitimacy of the acquisition of the articles.
2. A party required to secure a clearance or permit under these rules and regulations shall file an application therefor
with the Station Commander concerned. The application shall state:
(a) The name, address and other pertinent circumstances of the persons, in case of an individual or, in the
case of a firm, corporation, association, partnership or other entity, the name, address and other pertinent
circumstances of the president, manager or officer-in-charge.

(b) The article to be sold or offered for sale to the public and the name and address of the unlicensed dealer or
supplier from whom such article was acquired.
In support of the application, there shall be attached to it the corresponding receipt or other equivalent document to
show proof of the legitimacy of acquisition of the article.
3. The Station Commander shall examine the documents attached to the application and may require the presentation
of other additional documents, if necessary, to show satisfactory proof of the legitimacy of acquisition of the article,
subject to the following conditions:
(a) If the legitimacy of acquisition of any article from an unlicensed source cannot be satisfactorily established
by the documents presented, the Station Commander shall, upon approval of the INP Superintendent in the
district and at the expense of the party seeking the clearance/permit, cause the publication of a notice in a
newspaper of general circulation for two (2) successive days enumerating therein the articles acquired from
an unlicensed dealer or supplier, the names and addresses of the persons from whom they were acquired and
shall state that such articles are to be sold or offered for sale to the public at the address of the store,
establishment or other entity seeking the clearance/permit. In places where no newspapers are in general
circulation, the party seeking the clearance or permit shall, instead, post a notice daily for one week on the
bulletin board of the municipal building of the town where the store, firm, establishment or entity concerned is
located or, in the case of an individual, where the articles in his possession are to be sold or offered for sale.
(b) If after 15 days, upon expiration of the period of publication or of the notice referred to in the preceding
paragraph, no claim is made with respect to any of the articles enumerated in the notice, the Station
Commander shall issue the clearance or permit sought.
(c) If, before expiration of the same period for publication of the notice or its posting, it shall appear that any of
the articles in question is stolen property, the Station Commander shall hold the article in restraint as evidence
in any appropriate case to be filed. Articles held in restraint shall be kept and disposed of as the
circumstances of each case permit, taking into account all considerations of right and justice in the case. In
any case where any article is held in restraint, it shall be the duty of the Station Commander concerned to
advise/notify the Commission on Audit of the case and comply with such procedure as may be proper under
applicable existing laws, rules and regulations.
4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of the application, act thereon
by either issuing the clearance/permit requested or denying the same. Denial of an application shall be in writing and
shall state in brief the reason/s therefor.
5. The application, clearance/permit or the denial thereof, including such other documents as may be pertinent in the
implementation of Section 6 of P.D. No. 1612 shall be in the forms prescribed in Annexes "A", "B", "C", "D", and "E"
hereof, which are made integral parts of these rules and regulations.
6. For the issuance of clearances/permit required under Section 6 of P.D. No. 1612, no fee shall be charged.
IV. Appeals
Any party aggrieved by the action taken by the Station Commander may elevate the decision taken in the case to the proper INP
District Superintendent and, if he is still dissatisfied therewith may take the same on appeal to the INP Director. The decision of
the INP Director may also be appealed to the INP Director-General whose decision may likewise be appealed to the Minister of
National Defense. The decision of the Minister of National Defense on the case shall be final. The appeal against the decision
taken by a Commander lower than the INP Director-General should be filed to the next higher Commander within ten (10) days
from receipt of notice of the decision. The decision of the INP Director-General should be appealed within fifteen (15) days from
receipt of notice of the decision.
V. Penalties
1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or who violates any of the
provisions of these rules and regulations shall upon conviction be punished as a fence.
2. The INP Director-General shall recommend to the proper authority the cancellation of the business license of the
erring individual, store, establishment or the entity concerned.
3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the provisions of
Section 6 of P.D. No. 1612 and with these rules and regulations shall be held in restraint until satisfactory evidence or
legitimacy of acquisition has been established.
4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are found to be stolen
property shall likewise be held under restraint and shall, furthermore, be subject to confiscation as evidence in the
appropriate case to be filed. If, upon termination of the case, the same is not claimed by their legitimate owners, the
article/s shall be forfeited in favor of the government and made subject to disposition as the circumstances warrant in
accordance with applicable existing laws, rules and regulations. The Commission on Audit shall, in all cases, be
notified.
5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P.D. No. 1612 or any of
its implementing rules and regulations or who, in any manner whatsoever, connives with or through his negligence or
inaction makes possible the commission of such violations by any party required to comply with the law and its

implementing rules and regulations, shall be prosecuted criminally without prejudice to the imposition of administrative
penalties.
VI. Visitorial Power
It shall be the duty of the owner of the store or of the president, manager or responsible officer-in-charge of any firm,
establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to the public to allow
the Station Commander or his authorized representative to exercise visitorial powers. For this purpose, however, the power to
conduct visitations shall be exercise only during office or business hours and upon authority in writing from and by the INP
Superintendent in the district and for the sole purpose of determining whether articles are kept in possession or stock contrary to
the intents of Section 6 of P.D. No. 1612 and of these rules and regulations.
VII. Other Duties Imposed Upon Station Commanders and INP District Superintendent and Directors Following Action on
Applications for Clearances or Permits
1. At the end of each month, it shall be the duty of the Station Commander concerned to:
(a) Make and maintain a file in his office of all clearances/permit issued by him.
(b) Submit a full report to the INP District Superintendent on the number of applications for clearances or
permits processed by his office, indicating therein the number of clearances/permits issued and the number of
applications denied. The report shall state the reasons for denial of an application and the corresponding
follow-up actions taken and shall be accompanied by an inventory of the articles to be sold or offered for sale
in his jurisdiction.
2. The INP District Superintendent shall, on the basis of the reports submitted by the Station Commander, in turn
submit quarterly reports to the appropriate INP Director containing a consolidation of the information stated in the
reports of Station Commanders in his jurisdiction.
3. Reports from INP District Superintendent shall serve as basis for a consolidated report to be submitted semiannually by INP Directors to the Director-General, Integrated National Police.
4. In all cases, reports emanating from the different levels of the Integrated National Police shall be accompanied with
full and accurate inventories of the articles acquired from unlicensed dealers or suppliers and proposed to be sold or
offered for sale in the jurisdictions covered by the report.
These implementing rules and regulations, having been published in a newspaper of national circulation, shall take effect on
June 15, 1979.

Republic Act No. 8294

June 6, 1997

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING
THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR
RELEVANT PURPOSES."
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments
used or intended to be used in the manufacture of firearms or ammunition. The penalty of prision correccional in its
maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who
shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun, .
380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm or ammunition: Provided, That no other crime was committed.
"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed if
the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber
and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as
caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst of
two or three: Provided, however, That no other crime was committed by the person arrested.
"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection,
sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any
public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by

such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of
the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any
legal authority to be carried outside of their residence in the course of their employment.
"The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his
residence without legal authority therefor."
Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. The penalty of prision
mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be
imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand
grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire
bombs,' or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or
death to any person.
"When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the
aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or
persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating
circumstance.
"If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection,
sedition or attempted coup d'etat, such violation shall be absorbed as an element of the crimes of rebellion,
insurrection, sedition or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any
public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the explosives owned
by such firm, company, corporation or entity, to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs."
Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 5. Tampering of firearm's serial number. The penalty of prision correccional shall be imposed upon any person
who shall unlawfully tamper, change, deface or erase the serial number of any firearm."
Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 6. Repacking or altering the composition of lawfully manufactured explosives. The penalty of prision
correccional shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any
lawfully manufactured explosives."
Section 5. Coverage of the Term Unlicensed Firearm. The term unlicensed firearm shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the crime.
Section 6. Rules and regulations. The Department of Justice and the Department of the Interior and Local Government shall
jointly issue, within ninety (90) days after the approval of this Act, the necessary rules and regulations pertaining to the
administrative aspect of the provisions hereof, furnishing the Committee on Public Order and Security and the Committee on
Justice and Human Rights of both Houses of Congress copies of such rules and regulations within thirty (30) days from the
promulgation hereof.
Section 7. Separability clause. If, for any reason, any Sec. or provision of this Act is declared to be unconstitutional or
invalid, the other Sec.s or provisions thereof which are not affected thereby shall continue to be in full force and effect.
Section 8. Repealing clause. All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed, amended, or modified accordingly.
Approved: June 6, 1997.

BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR
CREDIT AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on account or for
value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of
such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds
or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to
stop payment, shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not

less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos,
or both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check
if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee
bank.
Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of
such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment of which is
refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the
date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or
drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check
within (5) banking days after receiving notice that such check has not been paid by the drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to pay 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 pay the same: Provided, That where there are no sufficient funds in or credit with
such drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusal. In all prosecutions under this
Act, the introduction in evidence of any unpaid and dishonored check, having the drawee's refusal to pay 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 payment and the dishonor thereof, and that the same was properly
dishonored for the reason written, stamped or attached by the drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no sufficient funds in
or credit with such bank for the payment in full of such check, if such be the fact.
Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an arrangement or understanding
with the bank for the payment of such check.
Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability for
violation of any provision of the Revised Penal Code.
Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the remaining provisions
shall continue to be in force.
Approved: April 3, 1979.

Republic Act No. 8353

September 30, 1997

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE, AND FOR OTHER PURPOSES
Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."
Section 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against Persons
under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be
incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:
"Chapter Three
"Rape
"Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.

"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or
anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion
perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third
civil degree of consanguinity;
"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such
by the offender before or at the time of the commission of the crime;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the
victim;
"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the
Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his
position to facilitate the commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party
at the time of the commission of the crime.
"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion temporal to reclusion perpetua.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances
mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the
criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not
be abated if the marriage is void ab initio.

"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from
the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent,
may be accepted as evidence in the prosecution of the acts punished under Article 266-A."
Section 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts
thereof not affected thereby shall remain valid.
Section 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive
orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly..
Approved: September 30, 1997.

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively
contain them;
WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is
necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and
prosecution of criminal offenders;
NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do
hereby decree and order the following:
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall
be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects
and the investigation and prosecution of criminal cases by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or
the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its
verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in,
criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a
judgment, or concealing his true name and other personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing
proceedings in the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to
affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding
the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of
any immediate member or members of his family in order to prevent such person from appearing in the investigation of,
or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a
person from appearing in the investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the
offender or from protecting the life or property of the victim; or fabricating information from the data gathered in
confidence by investigating authorities for purposes of background information and not for publication and publishing or
disseminating the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed.
Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided
thereunder, suffer perpetual disqualification from holding public office.
Section 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.

REPUBLIC ACT NO. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUACATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Sexual Harassment Act of 1995."
Sec. 2. Declaration of Policy. The State shall value the dignity of every individual, enhance the development of it human
resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment,
students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the
employment, education or training environment are hereby declared unlawful.
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. Work, education or training-related sexual
harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of said Act.
(a)

In a work-related or employment environment, sexual harassment is committed when:

(1)
The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or
privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way
would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
(2)

The above acts would impair the employees rights or privileges under existing labor laws; or

(3)

The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b)

In an education or training environment, sexual harassment is committed:

(1)

Against one who is under the care, custody or supervision of the offender;

(2)

Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3)
When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4)
When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or
apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who
cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable
under this Act.
Sec.4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. It shall be the duty
of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the
commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of
sexual harassment. Towards this end, the employer or head of office shall:
(a)
Promulgate appropriate rules and regulations in consultation with the jointly approved by the employees or
students or trainees, through their duly designated representatives, prescribing the procedure for the investigation or sexual
harassment cases and the administrative sanctions therefore.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this section (a) shall include, among others, guidelines on proper
decorum in the workplace and educational or training institutions.
(c)
Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct
meetings, as the case may be, with other officers and employees, teachers, instructors, professors, coaches, trainors and
students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the
investigation of the alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from
the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative
from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe.
"The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the
information of all concerned.
Sec. 5. Liability of the Employer, Head of Office, Educational or Training Institution. The employer or head of office,
educational training institution shall be solidarily liable for damage arising from the acts of sexual harassment committed in the
employment, education or training environment if the employer or head of office, educational or training institution is informed of
such acts by the offended party and no immediate action is taken thereon.
Sec. 6. Independent Action for Damages. Nothing in this Act shall preclude the victim of work, education or trainingrelated sexual harassment from instituting a separate and independent action for damages and other affirmative relief.
Sec. 7. Penalties. Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment
of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more
than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provision of this Act shall prescribe in three (3) years.
Sec. 8. Separability Clause If any portion or provision of this Act is declared void and unconstitutional, the remaining
portions or provisions hereof shall not be affected by such declaration.
Sec.9. Repealing Clause. All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent
with the provisions of this Act are hereby repealed or modified accordingly..