REPUBLIC ACT NO.

9165

June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS
DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Section 1. Short Title. This Act shall be known and cited as the "Comprehensive
Dangerous Drugs Act of 2002".
Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its
territory and the well-being of its citizenry particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well-being, and to defend the same against
acts or omissions detrimental to their development and preservation. In view of the
foregoing, the State needs to enhance further the efficacy of the law against dangerous
drugs, it being one of today'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 system of planning, implementation and enforcement of anti-drug abuse policies,
programs, and projects. 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 adequate amounts of appropriate medications, which
include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures to
re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. Any act of introducing any dangerous drug into the body of any person,
with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of
committing any act of indispensable assistance to a person in administering a dangerous
drug to himself/herself unless administered by a duly licensed practitioner for purposes of
medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to
in Section 34, Article VIII of this Act.
(d) Chemical Diversion. The sale, distribution, supply or transport of legitimately imported,
in-transit, manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in the

manufacture of any 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 Laboratory. Any facility used for the illegal manufacture of any dangerous
drug and/or controlled precursor and essential chemical.
(f) Confirmatory Test. An analytical test using a device, tool or equipment with a different
chemical or physical principle that is more specific which will validate and confirm the result
of the screening test.
(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived directly or indirectly from
any offense, to pass into, through or out of the country under the supervision of an
authorized officer, with a view to gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II of
the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
as enumerated in the attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the
planting, growing or raising of any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act.
(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or
used in any form.
(m) Dispense. Any act of giving away, selling or distributing medicine or any dangerous
drug with or without the use of prescription.
(n) Drug Dependence. As based on the World Health Organization definition, it is a cluster
of physiological, behavioral and cognitive phenomena of variable intensity, in which the use
of psychoactive drug takes on a high priority thereby 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 Syndicate. Any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. The caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort, employed by the maintainer, owner and/or
operator where any 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.
(q) Financier. Any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities prescribed under this Act.
(r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled precursor and essential chemical.
(s) Instrument. Any thing that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.
(t) Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when
used, intended for use or designed for use in the manufacture of any dangerous drug and/or
controlled precursor and essential chemical, such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute.
(u) Manufacture. The production, preparation, compounding or processing of any
dangerous drug and/or controlled precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural origin, or independently by means of
chemical synthesis or by a combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or other substances by a duly
authorized 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 analysis of dangerous drugs or such substances that are not intended for sale or
for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name.
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but
not limited to, Cannabis americana,hashish, bhang, guaza, churrus and ganjab, and
embraces every kind, class and character of marijuana, whether dried or fresh and
flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof,
and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its
any other name. Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its
any other name. Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form.
(y) Opium. Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or
refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of
opium; preparations in which opium, morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves,
whether prepared for use or not.

(z) Opium Poppy. Refers to any part of the plant of the species Papaver somniferum L.,
Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which
includes the seeds, straws, branches, leaves or any part thereof, or substances derived
therefrom, even for floral, decorative and culinary purposes.
(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX
of this Act.
(bb) Person. Any entity, natural or juridical, including among others, a corporation,
partnership, trust or estate, joint stock company, association, syndicate, joint venture or
other unincorporated organization or group capable of acquiring rights or entering into
obligations.
(cc) Planting of Evidence. The willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled precursor and essential chemical
in the person, house, effects or in the immediate vicinity of an innocent individual for the
purpose of implicating, incriminating or imputing the commission of any violation of this Act.
(dd) Practitioner. Any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. Any person who knowingly and willfully 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 any 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) Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.
(gg) School. Any educational institution, private or public, undertaking educational
operation for pupils/students pursuing certain studies at defined levels, receiving
instructions from teachers, usually located in a building or a group of buildings in a particular
physical or cyber site.
(hh) Screening Test. A rapid test performed to establish potential/presumptive positive
result.
(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and
essential chemical whether for money or any other consideration.
(jj) 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, text messages, email, mobile or landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs.

ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all species
of opium poppy or any part thereof or substances derived therefrom even for floral,
decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person,
who, unless authorized under this Act, shall import or bring into the Philippines any
dangerous drug and/or controlled precursor and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any other means involving his/her official status
intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport
shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or transport any dangerous drug, including
any and all species of opium poppy regardless of the quantity and purity involved, or shall
act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch
in transit or transport any controlled precursor and essential chemical, or shall act as a
broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of
any dangerous drug and/or controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall be imposed in every
case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers
and messengers, or in any other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum penalty shall be imposed
in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any offense
herein provided be the proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who
shall maintain a den, dive, or resort where any controlled precursor and essential chemical is
used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case where
any dangerous drug is administered, delivered or sold to a minor who is allowed to use the
same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same
in such den, dive or resort, the penalty of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer,
owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall
specifically allege that such place is intentionally 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 property for such purpose: Provided, finally, That the owner shall be
included as an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand

pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and
(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall engage in the manufacture of any
dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It
shall be considered an aggravating circumstance if the clandestine laboratory is undertaken
or established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with
the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess
with intent to deliver, or manufacture with intent to deliver equipment, instrument,
apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal any dangerous drug and/or controlled precursor and
essential chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person,
who uses a minor or a mentally incapacitated individual to deliver such equipment,
instrument, apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the quantity

possessed is far beyond therapeutic requirements, as determined and promulgated

by the Board in accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall
be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than
fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a
fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams
or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA
or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or three hundred (300) grams or
more but less than five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams
of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. -The penalty of imprisonment ranging from six (6) months and one (1)
day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by
law, shall possess or have under his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body: Provided, That in the case of
medical practitioners and various professionals who are required to carry such equipment,
instrument, apparatus and other paraphernalia in the practice of their profession, the Board
shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and shall be presumed to have violated Section
15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings.
Any person found possessing any dangerous drug during a party, or at a social gathering
or meeting, or in the proximate company of at least two (2) persons, shall suffer the
maximum penalties provided for in Section 11 of this Act, regardless of the quantity and
purity of such dangerous drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty
provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or
have under his/her control any equipment, instrument, apparatus and other paraphernalia fit
or intended for smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social gatherings or meetings, or in the
proximate company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found to
be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months rehabilitation in a government center for the first
offense, subject to the provisions of Article VIII of this Act. If apprehended using any
dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging
from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty
thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That
this Section shall not be applicable where the person tested is also found to have in his/her
possession such quantity of any dangerous drug provided for under Section 11 of this Act, in
which case the provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
Thereof. - The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a
source from which any dangerous drug may be manufactured or derived: Provided, That in
the case of medical laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of medicine, the Board
shall prescribe the necessary implementing guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or
cultured shall be confiscated and escheated in favor of the State, unless the owner thereof
can prove lack of knowledge of such cultivation or culture despite the exercise of due
diligence on his/her part. If the land involved is part of the public domain, the maximum
penalty provided for under this Section shall be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment
ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon
any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who
violates or fails to comply with the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled precursor and essential chemical in
accordance with Section 40 of this Act.

An additional penalty 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.
Section 18. Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
and the additional penalty of the revocation of his/her license to practice shall be imposed
upon the practitioner, who shall prescribe any dangerous drug to any person whose physical
or physiological condition does not require the use or in the dosage prescribed therein, as
determined by the Board in consultation with recognized competent experts who are
authorized representatives of professional organizations of practitioners, particularly those
who are involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall make or issue a prescription or any other writing purporting to be a prescription for any
dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. Every penalty imposed for the unlawful
importation, sale, trading, administration, dispensation, delivery, distribution, transportation
or manufacture of any 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 any equipment, instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry 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, money and other assets obtained thereby, and the instruments
or tools with which the particular unlawful act was committed, unless they are the property
of a third person not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court
shall immediately 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 by him
or in the name of some other persons if the same shall be found to be manifestly out of
proportion to his/her lawful income: Provided, however, That if the forfeited property is a
vehicle, the same shall be auctioned off not later than five (5) days upon order of
confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or
transferred and the same shall be in custodia legisand no bond shall be admitted for the
release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this
Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as
well as expenses for publication and court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against illegal drugs.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper disposition in the following
manner:
(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted
to the PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done
under oath by the forensic laboratory examiner, shall be issued within twenty-four
(24) hours after the receipt of the subject 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 laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued on the
completed forensic laboratory examination on the same within the next twenty-four
(24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) 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 seized, or his/her representative or
counsel, a representative from the media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful commerce, as determined by the
Board, shall be donated, used or recycled for legitimate purposes: Provided, further,
That a representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to
personally observe all of the above proceedings and his/her presence shall not
constitute an admission of guilt. In 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 seventy-two (72) hours before the actual burning or destruction of the
evidence in question, the Secretary of Justice shall appoint a member of the public
attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor shall
inform the Board of the final termination of the case and, in turn, shall request the
court for leave to turn over the said representative sample/s to the PDEA for proper
disposition and destruction within twenty-four (24) hours from receipt of the same;
and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this
Act, dangerous drugs defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department of Health (DOH) and the
accused/and or his/her counsel, and, b) Pending the organization of the PDEA, the
custody, disposition, and burning or destruction of seized/surrendered dangerous
drugs provided under this Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. The Board shall recommend to
the concerned government agency the grant of compensation, reward and award to any
person providing information and to law enforcers participating in the operation, which
results in the successful confiscation, seizure or surrender of dangerous drugs, plant sources
of dangerous drugs, and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to avail of the provision on pleabargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any
person convicted for drug trafficking or pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an
Offender Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any
law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a crime by an offender, and the application
of the penalty provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty prescribed for the commission of the
same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and essential
chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any
form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation,
Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds
or Properties Obtained from the Unlawful Act Committed. The penalty of life imprisonment
to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public
office, shall be imposed upon any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties
obtained from the unlawful acts as provided for in this Act.
Any 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 any financial or
material contributions or donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the government,
its divisions, subdivisions, and intermediaries, including government-owned or controlled
corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum
penalties of the unlawful acts provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such
unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of
"planting" any dangerous drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or
Other Juridical Entities. In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager,
trustee, estate administrator, or officer who consents to or knowingly tolerates such
violation shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other
facility, as an instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or chemical
diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or
under the control or supervision of the partnership, corporation, association or juridical
entity to which they are affiliated.

Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties

prescribed in the unlawful act committed, any alien who violates such provisions of this Act
shall, after service of sentence, be deported immediately without further proceedings,
unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any person found violating any regulation duly issued by the Board
pursuant to this Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions
of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of
Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any
person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article
II of this Act as well as any violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities and arrest of all or any
of the members thereof; and who willingly testifies against such persons as described above,
shall be exempted from prosecution or punishment for the offense with reference to which
his/her information of testimony were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution: Provided, That the following conditions
concur:
(1) The information and testimony are necessary for the conviction of the persons
described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State as
further consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who
does not appear to be most guilty for the offense with reference to which his/her information
or testimony were given: Provided, finally, That there is no direct evidence available for the
State except for the information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the informant
or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out
subsequently that the information and/or testimony is false, malicious or made only for the
purpose of harassing, molesting or in any way prejudicing the persons described in the
preceding Section against whom such information or testimony is directed against. In such
case, the informant or witness shall be subject to prosecution and the enjoyment of all rights
and benefits previously accorded him under this Act or any other law, decree or order shall
be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without just cause,
and when lawfully obliged to do so, or should he/she violate any condition accompanying
such immunity as provided above, his/her immunity shall be removed and he/she shall
likewise be subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or in any other
law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability of this
Section hereof, such individual cannot avail of the provisions under Article VIII of this Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to, the rights of parental authority or
guardianship, either as to the person or property of any ward, the rights to dispose of such
property by any act or any conveyance inter vivos, and political rights such as but not
limited to, the right to vote and be voted for. Such rights shall also be suspended during the
pendency of an appeal from such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any
government forensic laboratories or by any of the drug testing laboratories accredited and
monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in
setting the price of the drug test with DOH accredited drug testing centers to further reduce
the cost of such drug test. The drug testing shall employ, among others, two (2) testing
methods, the screening test which will determine the positive result as well as the type of
the drug used and the confirmatory test which will confirm a positive screening test. Drug
test certificates issued by accredited drug testing centers shall be valid for a one-year period
from the date of issue which may be used for other purposes. The following shall be
subjected to undergo drug testing:
(a) Applicants for driver's license. No driver's license shall be issued or renewed to
any person unless he/she presents a certification that he/she has undergone a
mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of
residence. All applicants for firearm's license and permit to carry firearms outside of
residence shall undergo a mandatory drug test to ensure that they are free from the
use of dangerous drugs: Provided, That all persons who by the nature of their
profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. Students of secondary and tertiary
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 expenses whether in public or private schools
under this Section will be borne by the government;
(d) Officers and employees of public and private offices. Officers and employees of
public and private offices, whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the company's work rules and
regulations, which shall be borne by the employer, for purposes of reducing the risk

in the workplace. Any officer or employee found positive for use of dangerous drugs
shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and pertinent
provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement agencies.
Officers and members of the military, police and other law enforcement agencies
shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having
an imposable penalty of imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national
or local government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. Any person authorized,
licensed or accredited under this Act and its implementing rules to conduct drug
examination or test, who issues false or fraudulent drug test results knowingly, willfully or
through gross negligence, shall suffer the penalty of imprisonment ranging from six (6) years
and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00).
An additional penalty 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.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject
to Section 15 of this Act, any person apprehended or arrested for violating the provisions of
this Act shall be subjected to screening laboratory examination or test within twenty-four
(24) hours, if the apprehending or arresting officer has reasonable ground to believe that the
person apprehended or arrested, on account of physical signs or symptoms or other visible
or outward manifestation, is under the influence of dangerous drugs. If found to be positive,
the results of the screening laboratory examination or test shall be challenged within fifteen
(15) days after receipt of the result through a confirmatory test conducted in any accredited
analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or
some such modern and accepted method, if confirmed the same shall be prima
facie evidence that such person has used dangerous drugs, which is without prejudice for
the prosecution for other violations of the provisions of this Act: Provided, That a positive
screening laboratory test must be confirmed for it to be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be
tasked to license and accredit drug testing centers in each province and city in order to
assure their capacity, competence, integrity and stability to conduct the laboratory
examinations and tests provided in this Article, and appoint such technical and other
personnel as may be necessary for the effective implementation of this provision. The DOH
shall also accredit physicians who shall conduct the drug dependency examination 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 DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in
government hospitals, which must be provided at least with basic technologically advanced
equipment and materials, in order to conduct the laboratory examination and tests herein
provided, and appoint such qualified and duly trained technical and other personnel as may
be necessary for the effective implementation of this provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and
Essential Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and
essential chemicals shall maintain and keep an original record of sales, purchases,
acquisitions and deliveries of dangerous drugs, indicating therein the following
information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or wholesaler
from whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician, dentist,
veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
(8) Date of sale or delivery.
A certified true copy of such record covering a period of six (6) months, duly signed
by the pharmacist or the owner of the drugstore, pharmacy or chemical
establishment, shall be forwarded to the Board within fifteen (15) days following the
last day of June and December of each year, with a copy thereof furnished the city or
municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any
dangerous drug shall issue the prescription therefor in one (1) original and two (2)
duplicate copies. The original, after the prescription has been filled, shall be retained
by the pharmacist for a period of one (1) year from the date of sale or delivery of
such drug. One (1) copy shall be retained by the buyer or by the person to whom the
drug is delivered until such drug is consumed, while the second copy shall be
retained by the person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians
or practitioners shall be written on forms exclusively issued by and obtainable from
the DOH. Such forms shall be made of a special kind of paper and shall be distributed
in such quantities and contain such information and other data as the DOH may, by
rules and regulations, require. Such forms shall only be issued by the DOH through its
authorized employees to licensed physicians, dentists, veterinarians and practitioners
in such quantities as the Board may authorize. In emergency cases, however, as the

Board may specify in the public interest, a prescription need not be accomplished on
such forms. The prescribing physician, dentist, veterinarian or practitioner shall,
within three (3) days after issuing such prescription, inform the DOH of the same in
writing. No prescription once served by the drugstore or pharmacy be reused nor any
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, acquisitions and deliveries of the same as
well as the names, addresses and licenses of the persons from whom such items
were purchased or acquired or to whom such items were sold or delivered, the name
and quantity of the same and the date of the transactions. Such records may be
subjected anytime for review by the Board.
ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the
Enforcement of this Act
Section 41. Involvement of the Family. The family being the basic unit of the Filipino
society shall be primarily responsible for the education and awareness of the members of
the family on the ill effects of dangerous drugs and close monitoring of family members who
may be susceptible to drug abuse.
Section 42. Student Councils and Campus Organizations. All elementary, secondary and
tertiary schools' student councils and campus organizations 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.
Section 43. School Curricula. Instruction on drug abuse prevention and control shall be
integrated in the elementary, secondary and tertiary curricula of all public and private
schools, whether general, technical, vocational or agro-industrial as well as in non-formal,
informal and indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the
family, the school and the community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic dimensions and
implications of the drug problem;
(4) Steps 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 dependents; and
(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the
importance and safety 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 stigmatization in the consciousness of the students.
Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing the
provisions of Article II of this Act, all school heads, supervisors and teachers shall be deemed
persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the

apprehension or arrest of any person who shall violate any of the said provisions, pursuant
to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if
they are in the school or within its immediate vicinity, or even beyond such immediate
vicinity if they are in attendance at any school or class function in their official capacity as
school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any person in the school or
within its immediate vicinity is liable for violating any of said provisions, shall have the duty
to report the same to the school head or immediate superior who shall, in turn, report the
matter to the proper authorities.
Failure to do so in either case, within a reasonable period from the time of discovery of the
violation shall, after due hearing, constitute sufficient cause for disciplinary action by the
school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. With the
assistance of the Board, the Secretary of the Department of Education (DepEd), the
Chairman of the Commission on Higher Education (CHED) and the Director-General of the
Technical Education and Skills Development Authority (TESDA) shall cause the development,
publication and distribution of information and support educational materials on dangerous
drugs to the students, the faculty, the parents, and the community.
Section 46. Special Drug Education Center. With the assistance of the Board, the
Department of the Interior and Local Government (DILG), the National Youth Commission
(NYC), and the Department of Social Welfare and Development (DSWD) shall establish in
each of its provincial office a special education drug center for out-of-school youth and street
children. Such Center which shall be headed by the Provincial Social. Welfare Development
Officer shall sponsor drug prevention programs and activities and information campaigns
with the end in view of educating the out-of-school youth and street children regarding the
pernicious effects of drug abuse. The programs initiated by the Center shall likewise be
adopted in all public and private orphanage and existing special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the Participation of
Private and Labor Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-free
workplaces using a tripartite approach. With the assistance of the Board, the Department of
Labor and Employment (DOLE) shall develop, promote and implement a national drug abuse
prevention program in the workplace to be adopted by private companies with ten (10) or
more employees. Such program shall include the mandatory drafting and adoption of
company policies against drug use in the workplace in close consultation and coordination
with the DOLE, labor and employer organizations, human resource development managers
and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. The Board and the
DOLE shall formulate the necessary guidelines for the implementation of the national drugfree workplace program. The amount necessary for the implementation of which shall be
included in the annual General Appropriations Act.
ARTICLE VI

Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. All labor unions, federations,
associations, or organizations in cooperation with the respective private sector partners shall
include in their collective bargaining or any similar agreements, joint continuing programs
and information campaigns for the laborers similar to the programs provided under Section
47 of this Act with the end in view of achieving a drug free workplace.
Section 50. Government Assistance. The labor sector and the respective partners may, in
pursuit of the programs mentioned in the preceding Section, secure the technical assistance,
such as but not limited to, seminars and information dissemination campaigns of the
appropriate government and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. Local government units shall appropriate
a substantial portion of their respective annual budgets to assist in or enhance the
enforcement of this Act giving priority to preventive or educational programs and the
rehabilitation or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. Any place or premises which
have been used on two or more occasions as the site of the unlawful sale or delivery of
dangerous drugs may be declared to be a public nuisance, and such nuisance may be
abated, pursuant to the following procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to
hear complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a
complaint before the Board after giving not less than three (3) days written notice of
such complaint to the owner of the place or premises at his/her last known address;
and
(3) After hearing in which the Board may consider any evidence, including evidence
of the general reputation of the place or premises, and at which the owner of the
premises shall have an opportunity to present evidence in his/her defense, the Board
may declare the place or premises to be a public nuisance.
Section 53. Effect of Board Declaration. If the Board declares a place or premises to be a
public nuisance, it may declare an order immediately prohibiting the conduct, operation, or
maintenance of any business or activity on the premises which is conducive to such
nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time as
stated in the order. The Board may bring a complaint seeking a permanent injunction
against any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code against
any public nuisance.
ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and
Rehabilitation. A drug dependent or any person who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, apply to the Board or its duly recognized representative,
for treatment and rehabilitation of the drug dependency. Upon such application, the Board
shall bring forth the matter to the Court which shall order that the applicant be examined for
drug dependency. If the examination by a DOH-accredited physician results in the issuance
of a certification that the applicant is a drug dependent, he/she shall be ordered by the
Court to undergo treatment and rehabilitation in a Center designated by the Board for a
period of not less than six (6) months: Provided, That a drug dependent may be placed
under the care of a DOH-accredited physician where there is no Center near or accessible to
the residence of the drug dependent or where said drug dependent is below eighteen (18)
years of age and is a first-time offender and non-confinement in a Center will not pose a
serious danger to his/her family or the community.
Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after
which time the Court, as well as the Board, shall be apprised by 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 family or the
community.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission
Program. A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability under Section 15 of
this act subject to the following conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable
rules and regulations of the Board, including the after-care and follow-up program for
at least eighteen (18) months following temporary discharge from confinement in the
Center or, in the case of a dependent placed under the care of the DOH-accredited
physician, the after-care program and follow-up schedule formulated by the DSWD
and approved by the Board: Provided, That capability-building of local government
social workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable under this
Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the
Revised Penal Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she
escaped, he/she surrendered by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity, within one
(1) week from the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the
community by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment
Under the Voluntary Submission Program. Upon certification of the Center that the drug
dependent within the voluntary submission program may be temporarily released, the Court
shall order his/her release on condition that said drug dependent shall report to the DOH for
after-care and follow-up treatment, including urine testing, for a period not exceeding
eighteen (18) months under such terms and conditions that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the provisions of Section 55
of this Act, without prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up program of
eighteen (18) months, the drug dependent requires further treatment and rehabilitation in
the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she
may again be certified for temporary release and ordered released for another after-care and
follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary Submission Program.
A drug dependent who is discharged as rehabilitated by the DOH-accredited Center through
the voluntary submission program, but does not qualify for exemption from criminal liability
under Section 55 of this Act, may be charged under the provisions of this Act, but shall be
placed on probation and undergo a community service in lieu of imprisonment and/or fine in
the discretion of the court, without prejudice to the outcome of any pending case filed in
court.
Such drug dependent shall undergo community service as part of his/her after-care and
follow-up program, which may be done in coordination with nongovernmental civil
organizations accredited by the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under
the Voluntary Submission Program. A drug dependent, who is not rehabilitated after the
second commitment to the Center under the voluntary submission program, shall, upon
recommendation of the Board, be charged for violation of Section 15 of this Act and
prosecuted like any other offender. If convicted, he/she shall be credited for the period of
confinement and rehabilitation in the Center in the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the
Voluntary Submission Program. Should a drug dependent under the voluntary submission
program escape from the Center, he/she may submit himself/herself for recommitment
within one (1) week therefrom, or his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may, within said period, surrender him for
recommitment, in which case the corresponding order shall be issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the
Board shall apply to the court for a recommitment order upon proof of previous commitment
or his/her voluntary submission by the Board, the court may issue an order for
recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes from confinement,
he/she shall be charged for violation of Section 15 of this Act and he subjected under section
61 of this Act, either upon order of the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission Program. Judicial
and medical records of drug dependents under the voluntary submission program shall be
confidential and shall not be used against him for any purpose, except to determine how
many times, by himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself
for confinement, treatment and rehabilitation or has been committed to a Center under this
program.

Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under
the Voluntary Submission Program. Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized representative, be confined for treatment and
rehabilitation in any Center duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a
Center may be filed by any person authorized by the Board with the Regional Trial Court of
the province or city where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a date for the hearing,
and a copy of such order shall be served on the person alleged to be dependent on
dangerous drugs, and to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug dependent to be
examined by two (2) physicians accredited by the Board. If both physicians conclude that
the respondent is not a drug dependent, the court shall order his/her discharge. If either
physician finds him to be a dependent, the court shall conduct a hearing and consider all
relevant evidence which may be offered. If 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 DOH. In any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days from the filing of the appropriate
petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to
Treatment and Rehabilitation. If a person charged with an offense where the imposable
penalty is imprisonment of less than six (6) years and one (1) day, and is found by the
prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the
prosecutor or the court as the case may be, shall suspend all further proceedings and
transmit copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that public interest requires
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 city
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 judicial notice of
the prior proceedings in the case and shall proceed to hear the petition. If 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 every four (4) months, or as
often as the court may require, a written report on the progress of the treatment. If the
dependent is rehabilitated, as certified by the center and the Board, he/she shall be returned
to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall
continue, as the case may be. In case of conviction, the judgment shall, if the accused is
certified by 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, however, That when the offense is for violation of Section 15 of this Act
and the accused is not a recidivist, the penalty thereof shall be deemed to have been served
in the Center upon his/her release therefrom after certification by the Center and the Board
that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the
Compulsory Submission Program. The period of prescription of the offense charged against

a drug dependent under the compulsory 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 by the Board.
Upon certification of the Center that he/she may temporarily be discharged from the said
Center, the court shall order his/her release on condition that he/she shall report to the
Board through the DOH for after-care and follow-up treatment for a period not exceeding
eighteen (18) months under such terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board 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 originally
charged. Should the Board through the DOH find at anytime during the after-care and followup period that he/she requires further treatment and rehabilitation, it shall report to the
court, which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the Board
escape therefrom, he/she may resubmit himself/herself for confinement within one (1) week
from the date of his/her escape; or his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may, within the same period, surrender him for
recommitment. If, however, the drug dependent does not resubmit himself/herself for
confinement or he/she is not surrendered for recommitment, the Board may apply with the
court for the issuance of the recommitment order. Upon proof of previous commitment, the
court shall issue an order for recommitment. If, subsequent to such recommitment, he/she
should escape again, he/she shall no longer be exempt from criminal liability for use of any
dangerous drug.
A drug dependent committed under this particular Section who is finally discharged from
confinement shall be exempt from criminal liability under Section 15 of this Act, without
prejudice to the outcome of any pending case filed in court. On the other hand, a drug
dependent who is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for under Section 15
of this Act again without prejudice to the outcome of any pending case filed in court.
Section 64. Confidentiality of Records Under the Compulsory Submission Program. The
records of a drug dependent who was rehabilitated and discharged from the Center under
the compulsory submission program, or who was charged for violation of Section 15 of this
Act, shall be covered by Section 60 of this Act. However, 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 by the
court, taking into consideration public interest and the welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the
provincial or the city prosecutor or their assistants or state prosecutors to prepare the
appropriate petition in all proceedings arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is
over fifteen (15) years of age at the time of the commission of the offense mentioned in
Section 11 of this Act, but not more than eighteen (18) years of age at the time when
judgment should have been promulgated after having been found guilty of said offense, may
be given the benefits of a suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or
of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of
any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may impose for a period
ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended
sentence to a Center, or to the care of a DOH-accredited physician for at least six (6)
months, with after-care and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any
offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179
shall apply, without prejudice to the application of the provisions of this Section.
Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a FirstTime Minor Offender. If the accused first time minor offender under suspended sentence
complies with the applicable rules and regulations of the Board, including confinement in a
Center, the court, upon a favorable recommendation of the Board for the final discharge of
the accused, shall discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall enter an order to
expunge all official records, other than the confidential record to be retained by the DOJ
relating to the case. Such an order, which shall be kept confidential, shall restore the
accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of
perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge
the case or recite any fact related thereto in response to any inquiry made of him for any
purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time
Minor Offender. The privilege of suspended sentence shall be availed of only once by an
accused drug dependent who is a first-time offender over fifteen (15) years of age at the
time of the commission of the violation of Section 15 of this Act but not more than eighteen
(18) years of age at the time when judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused firsttime minor offender violates any of the conditions of his/her suspended sentence, the
applicable rules and regulations of the Board exercising supervision and rehabilitative
surveillance over him, including the rules and regulations of the Center should confinement
be required, the court shall pronounce judgment of conviction and he/she shall serve
sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
Imprisonment. Upon promulgation of the sentence, the court may, in its discretion, place
the accused under probation, even if the sentence provided under this Act is higher than
that provided under existing law on probation, or impose community service in lieu of

imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be

undertaken by the Board through the DOH in coordination with the Board of Pardons and
Parole and the Probation Administration. Upon compliance with the conditions of the
probation, the Board 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 community service shall be complied with under conditions, time and place as may be
determined by the court in its discretion and upon the recommendation of the Board and
shall apply only to violators of Section 15 of this Act. The completion of the community
service shall be under the supervision and rehabilitative surveillance of the Board during the
period required by the court. Thereafter, the Board shall render a report on the manner of
compliance of said community service. The court in its discretion may require extension of
the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of
this Act.
If the sentence promulgated by the court requires imprisonment, the period spent in the
Center by the accused during the suspended sentence period shall be deducted from the
sentence to be served.
Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a
confidential record of the proceedings on suspension of sentence and shall not be used for
any purpose other than to determine whether or not a person accused under this Act is a
first-time minor offender.
Section 72. Liability of a Person Who Violates the Confidentiality of Records. The penalty
of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine
ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be
imposed upon any person who, having official custody of or access to the confidential
records of any drug dependent under voluntary submission programs, or anyone who,
having gained possession of said records, whether lawfully or not, reveals their content to
any person other than those charged with the prosecution of the offenses under this Act and
its implementation. The maximum penalty shall be imposed, in addition to absolute
perpetual disqualification from any public office, when the offender is a government official
or employee. Should the records be used for unlawful purposes, such as blackmail of the
drug dependent or the members of his/her family, the penalty imposed for the crime of
violation of confidentiality shall be in addition to whatever crime he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the
Board or any Concerned Agency. Any parent, spouse or guardian who, without valid
reason, refuses to cooperate with the Board or any concerned agency in the treatment and
rehabilitation of a drug dependent who is a minor, or in any manner, prevents or delays the
after-care, follow-up or other programs for the welfare of the accused drug dependent,
whether under voluntary submission program or compulsory submission program, may be
cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. The
parent, spouse, guardian or any relative within the fourth degree of consanguinity of any
person who is confined under the voluntary submission program or compulsory submission
program shall be charged a certain percentage of the cost of his/her treatment and
rehabilitation, the guidelines of which shall be formulated by the DSWD taking into

consideration the economic status of the family of the person confined. The guidelines
therein formulated shall be implemented by a social worker of the local government unit.
Section 75. Treatment and Rehabilitation Centers. The existing treatment and
rehabilitation centers for drug dependents operated and maintained by the NBI and the PNP
shall be operated, maintained and managed by the DOH in coordination with other
concerned agencies. For the purpose of enlarging the network of centers, the Board through
the DOH 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 subsidy from either government or private sources. It shall also
support the establishment of government-operated regional treatment and rehabilitation
centers depending upon the availability of funds. The national government, through its
appropriate agencies shall give priority funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall establish at least one (1) drug
rehabilitation center in each province, depending on the availability of funds.
Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this
Act. The DOH shall:
(1) Oversee the monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and activities
as well as the establishment, operations, maintenance and management of privatelyowned drug treatment rehabilitation centers and drug testing networks and
laboratories throughout the country in coordination with the DSWD and other
agencies;
(2) License, accredit, establish and maintain drug test network and laboratory,
initiate, conduct and support scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and regulations
setting minimum standards for their accreditation to assure their competence,
integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the establishment of
such Centers as it may deem necessary after conducting a feasibility study thereof;
(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty
of violating this Act, order the closure of a Center for treatment and rehabilitation of
drug dependency when, after investigation it is found guilty of violating the
provisions of this Act or regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency examinations, other medical and
legal services provided to the public, which shall accrue to the Board. All income
derived from these sources shall be part of the funds constituted as special funds for
the implementation of this Act under Section 87.
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board. The Board shall be the policy-making and
strategy-formulating body in the planning and formulation of policies and programs on drug
prevention and control. It shall develop and adopt a comprehensive, integrated, unified and

balanced national drug abuse prevention and control strategy. It shall be under the Office of
the President.
Section 78. Composition of the Board. The Board shall be composed of seventeen (17)
members wherein three (3) of which are permanent members, the other twelve (12)
members shall be in an ex officio capacity and the two (2) shall be regular members.
The three (3) permanent members, who shall possess at least seven-year training and
experience in the field of dangerous drugs and in any of the following fields: in law,
medicine, criminology, psychology or social work, shall be appointed by the President of the
Philippines. The President shall designate a Chairman, who shall have the rank of a secretary
from among the three (3) permanent members who shall serve for six (6) years. Of the two
(2) other members, who shall both have the rank of undersecretary, one (1) shall serve for
four (4) years and the other for two (2) years. Thereafter, the persons appointed to succeed
such members shall hold office for a term of six (6) years and until their successors shall
have been duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are the
following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her representative;
(6) Secretary of the Department of the Interior and Local Government or his/her
representative;
(7) Secretary of the Department of Social Welfare and Development or his/her
representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;
(9) Secretary of the Department of Education or his/her representative;
(10) Chairman of the Commission on Higher Education or his/her representative;
(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may designate their duly authorized and
permanent representatives whose ranks shall in no case be lower than undersecretary.
The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and

(b) The chairman or president of a non-government organization involved in
dangerous drug campaign to be appointed by the President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the
Board, and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive a per diem for
every meeting actually attended subject to the pertinent budgetary laws, rules and
regulations on compensation, honoraria and allowances: Provided, That where the
representative of an ex officio member or of the permanent consultant of the Board attends
a meeting in behalf of the latter, such representative shall be entitled to receive the per
diem.
Section 79. Meetings of the Board. The Board shall meet once a week or as often as
necessary at the discretion of the Chairman or at the call of any four (4) other members. The
presence of nine (9) members shall constitute a quorum.
Section 80. Secretariat of the Board. The Board shall recommend to the President of the
Philippines the appointment of an Executive Director, with the rank of an undersecretary,
who shall be the Secretary of the Board and administrative officer of its secretariat, and shall
perform such other duties that may be assigned to him/her. He/she must possess adequate
knowledge, training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or social work.
Two deputies executive director, for administration and operations, with the ranks of
assistant secretary, shall be appointed by the President upon recommendation of the Board.
They shall possess the same qualifications as those of the executive director. They shall
receive a salary corresponding to their position as prescribed by the Salary Standardization
Law as a Career Service Officer.
The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following divisions, namely:
Policy Studies, Research and Statistics; Preventive Education, Training and Information; Legal
Affairs; and the Administrative and Financial Management.
Section 81. Powers and Duties of the Board. The Board shall:
(a) Formulate, develop and establish a comprehensive, integrated, unified and
balanced national drug use prevention and control strategy;
(b) Promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act, including the manner of safekeeping, disposition, burning or
condemnation of any dangerous drug and/or controlled precursor and essential
chemical under its charge and custody, and prescribe administrative remedies or
sanctions for the violations of such rules and regulations;
(c) Conduct policy studies, program monitoring and evaluations and other researches
on drug prevention, control and enforcement;

(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and
biological researches on dangerous drugs and dangerous drugs prevention and
control measures;
(e) Develop an educational program and information drive on the hazards and
prevention of illegal use of any 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 Board shall endeavor to make the general public aware
of the hazards of any dangerous drugs and/or controlled precursor and essential
chemical by providing among others, literature, films, displays or advertisements and
by 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 by the appropriate government agencies;
(f) Conduct continuing seminars for, and consultations with, and provide information
materials to judges and prosecutors in coordination with the Office of the Court
Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which
aim to provide them with the current developments and programs of the Board
pertinent to its campaign against dangerous drugs and its scientific researches on
dangerous drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement officers, members of
the judiciary, 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 Supreme Court to meet the
objectives of the national drug control programs;
(h) Design and develop, in consultation and coordination with the DOH, DSWD 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 community service program for recovering drug
dependents;
(i) Design and develop, jointly with the DOLE and in consultation with labor and
employer groups as well as nongovernment organizations a drug abuse prevention
program in the workplace that would include a provision for employee assistance
programs for emotionally-stressed employees;
(j) Initiate and authorize closure proceedings against non-accredited and/or
substandard rehabilitation centers based on verified reports of human rights
violations, subhuman conditions, inadequate medical training and assistance and
excessive fees for implementation by the PDEA;
(k) Prescribe and promulgate rules and regulations governing the establishment of
such centers, networks and laboratories as deemed necessary after conducting a
feasibility study in coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the estimated
need for any dangerous drug and/or controlled precursor and essential chemical, for
which purpose the Board may require from any official, instrumentality or agency of
the government or any private person or enterprise dealing in, or engaged in
activities having to do with any dangerous drug and/or controlled precursors and
essential chemicals such data or information as it may need to implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation,

manufacture, stocks, seizures of and estimates need for any dangerous drug and/or
controlled precursors and essential chemicals and such other statistical data on said
drugs as may be periodically required by the United Nations Narcotics Drug
Commission, the World Health Organization and other international organizations in
consonance with the country's international commitments;
(n) Develop and maintain international networking coordination with international
drug control agencies and organizations, and implement the provisions of
international conventions and agreements thereon which have been adopted and
approved by the Congress of the Philippines;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the PDEA, about all
dangerous drugs and/or controlled precursors and essential chemicals-related cases
to which they have attended for statistics and research purposes;
(p) Receive in trust legacies, gifts and donations of real and personal properties of all
kinds, to administer and dispose the same when necessary for the benefit of
government and private rehabilitation centers subject to limitations, directions and
instructions from the donors, if any;
(q) Issue guidelines as to the approval or disapproval of applications for voluntary
treatment, rehabilitation or confinement, wherein it shall issue the necessary
guidelines, rules and regulations pertaining to the application and its enforcement;
(r) Formulate 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 any dangerous drug,
controlled precursors and essential chemicals and other similar or analogous
substances of such kind and in such quantity as it may deem necessary according to
the medical and research needs or requirements of the country including diet pills
containing ephedrine and other addictive chemicals and determine the quantity
and/or quality of dangerous drugs and controlled precursors and essential chemicals
to be imported, manufactured and held in stock at any given time by authorized
importer, manufacturer or distributor of such drugs;
(s) Develop the utilization of a controlled delivery scheme in addressing the
transshipment of dangerous drugs into and out of the country to neutralize
transnational crime syndicates involved in illegal trafficking of any dangerous drugs
and/or controlled precursors and essential chemicals;
(t) Recommend the revocation of the professional license of any practitioner who is
an owner, co-owner, lessee, or in the employ of the drug establishment, or manager
of a partnership, corporation, association, or any juridical entity owning and/or
controlling such drug establishment, and who knowingly participates in, or consents
to, tolerates, or abets the commission of the act of violations as indicated in the
preceding paragraph, all without prejudice to the criminal prosecution of the person
responsible for the said violation;
(u) Appoint such technical, administrative and other personnel as may be necessary
for the effective implementation of this Act, subject to the Civil Service Law and its
rules and regulations;

(v) Establish a regular and continuing consultation with concerned government

agencies and medical professional organizations to determine if balance exists 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
facilitated; and
(w) Submit an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives committees concerned as
may be required from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). To carry out the
provisions of this Act, the PDEA, which serves as the implementing arm of the Board, and
shall be responsible for the efficient and effective law enforcement of all the provisions on
any dangerous drug and/or controlled precursor and essential chemical as provided in this
Act.
The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall
be responsible for the general administration and management of the Agency. The Director
General of the PDEA shall be appointed by the President of the Philippines and shall perform
such other duties that may be assigned to him/her. He/she must possess adequate
knowledge, training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or social work.
The Director General of the PDEA shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputies director general with the rank of Assistant Secretary; one
for Operations and the other one for Administration. The two (2) deputies director general
shall likewise be appointed by the President of the Philippines upon recommendation of the
Board. The two (2) deputies director general shall possess the same qualifications as those
of the Director General of the PDEA. The Director General and the two (2) deputies director
general shall receive the compensation and salaries as prescribed by law.
Section 83. Organization of the PDEA. The present Secretariat of the National Drug Law
Enforcement and Prevention Coordinating Center as created by Executive Order No. 61 shall
be accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the necessary changes in the
organizational set-up which shall be submitted to the Board for approval.
For purposes of carrying out its duties and powers as provided for in the succeeding Section
of this Act, the PDEA shall have the following Services, namely: Intelligence and
Investigation; International Cooperation and Foreign Affairs; Preventive Education and
Community Involvement; Plans and Operations; Compliance; Legal and Prosecution;
Administrative and Human Resource; Financial Management; Logistics Management; and
Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of the country
which shall be responsible for the implementation of this Act and the policies, programs, and
projects of said agency in their respective regions.
Section 84. Powers and Duties of the PDEA. The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national
drug control strategy formulated by the Board thereby carrying out a national drug
campaign program which shall include drug law enforcement, control and prevention
campaign with the assistance of concerned government agencies;
(b) Undertake the enforcement of the provisions of Article II of this Act relative to the
unlawful acts and penalties involving any dangerous drug and/or controlled precursor
and essential chemical and investigate all violators and other matters involved in the
commission of any crime relative to the use, abuse or trafficking of any dangerous
drug and/or controlled precursor and essential chemical as provided for in this Act
and the provisions of Presidential Decree No. 1619;
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the
conduct of investigation involving the violations of this Act;
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the
effects or proceeds of the crimes as provided by law and take custody thereof, for
this purpose the prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors
and essential chemicals seized, confiscated or surrendered to any national, provincial
or local law enforcement agency, if no longer needed for purposes of evidence in
court;
(f) Establish forensic laboratories in each PNP office in every province and city in
order to facilitate action on seize or confiscated drugs, thereby hastening its
destruction without delay;
(g) Recommend to the DOJ 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-Money-Laundering Act of 2001;
(h) Prepare 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 same;
(i) Monitor and if warranted by circumstances, in coordination with the Philippine
Postal Office and the Bureau 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 cyber shops via the internet or cyberspace;
(j) Conduct eradication programs to destroy wild or illegal growth of plants from
which dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every province, city,
municipality and barangay with the active and direct participation of all such local
government units and nongovernmental organizations, including the citizenry,

subject to the provisions of previously formulated programs of action against

dangerous drugs;
(l) Establish and maintain a national drug intelligence system in cooperation with law
enforcement agencies, other government agencies/offices and local government
units that will assist in its apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and organizations, and
implement the applicable provisions of international conventions and agreements
related to dangerous drugs to which the Philippines is a signatory;
(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 adequate firearms for their
protection in connection with the performance of their duties: Provided, That no
previous special permit for such possession shall be required;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about all
dangerous drugs and/or controlled precursors and essential chemicals which they
have attended to for data and information purposes;
(p) Coordinate with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of this Act;
(q) Initiate and undertake a national campaign for drug prevention and drug control
programs, where it may enlist the assistance of any department, bureau, office,
agency or instrumentality of the government, including government-owned and or
controlled corporations, in the anti-illegal drugs drive, which may 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 traffickers; and
(r) Submit an annual and periodic reports to the Board as may be required from time
to time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as recommended by
the congressional committees concerned.
Section 85. The PDEA Academy. Upon the approval of the Board, the PDEA Academy shall
be established either in Baguio or Tagaytay City, and in such other places as may be
necessary. The PDEA Academy shall be responsible in the recruitment and training of all
PDEA agents and personnel. The Board shall provide for the qualifications and requirements
of its recruits who must be at least twenty-one (21) years old, of proven integrity and
honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of the PDEA after the
termination of the transition period of five (5) years during which all the intelligence network
and standard operating procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be
appointed by the PDEA Director General.

Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into
the PDEA and Transitory Provisions. The Narcotics Group of the PNP, the Narcotics Division
of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they
shall continue with the performance of their task as detail service with the PDEA, subject to
screening, until such time that the organizational structure of the Agency is fully operational
and the number of graduates of the PDEA Academy is sufficient to do the task
themselves:Provided, That such personnel who are affected shall have the option of either
being integrated into the PDEA or remain with their original mother agencies and shall,
thereafter, be immediately reassigned to other units therein by the head of such agencies.
Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended
appointments to positions similar in rank, salary, 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
Section shall take effect within eighteen (18) months from the effectivity of this
Act: Provided, That personnel absorbed and on detail service shall be given until five (5)
years to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the
PNP on all other crimes as provided for in their respective organic laws: Provided, however,
That when the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task
force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead
agency. The NBI, PNP or any of the task force shall immediately transfer the same to the
PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close
coordination with the PDEA on all drug related matters.
ARTICLE X
Appropriations, Management of Funds and Annual Report
Section 87. Appropriations. The amount necessary for the operation of the Board and the
PDEA shall be charged against the current year's appropriations of the Board, the National
Drug Law Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP,
the Narcotics Division of the NBI and other drug abuse units of the different law enforcement
agencies integrated into the PDEA in order to carry out the provisions of this Act. Thereafter,
such sums as may be necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in this Act,
including ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but
not less than twelve million pesos (P12,000,000.00) per year from the Philippine Charity
Sweepstakes Office (PCSO), are hereby 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 expenses of the Board and other concerned agencies: Provided, further, That at
least fifty percent (50%) of all the funds shall be reserved for assistance to governmentowned and/or operated rehabilitation centers.
The fines shall be remitted to the Board by the court imposing such fines within thirty (30)
days from the finality of its decisions or orders. The unclaimed and forfeited prizes shall be
turned over to the Board by the PCSO within thirty (30) days after these are collected and
declared forfeited.
A portion of the funds generated by the Philippine Amusement and Gaming Corporation
(PAGCOR) in the amount of Five million pesos (P5,000,000.00) a month shall be set aside for

the purpose of establishing adequate drug rehabilitation centers in the country and also for
the maintenance and operations of such centers: Provided, That the said amount shall be
taken from the fifty percent (50%) share of the National Government in the income of
PAGCOR: Provided, further, That the said amount shall automatically be remitted by PAGCOR
to the Board. The amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject
to the rules and regulations of the Commission on Audit (COA).
The fund may be augmented by grants, donations, and endowment from various sources,
domestic or foreign, for purposes related to their functions, subject to the existing guidelines
set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the Board and the
PDEA. The Board shall manage the funds as it may deem proper for the attainment of the
objectives of this Act. In addition to the periodic reports as may be required under this Act,
the Chairman of the Board shall submit to the President of the Philippines and to the
presiding officers of both houses of Congress, within fifteen (15) days from the opening of
the regular session, an annual report on the dangerous drugs situation in the country which
shall include detailed account of the programs and projects undertaken, statistics on crimes
related to dangerous drugs, expenses incurred pursuant to the provisions of this Act,
recommended remedial legislation, if needed, and such other relevant facts as it may deem
proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. All accounts
and expenses of the Board and the PDEA shall be audited by the COA or its duly authorized
representative.
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. The Supreme Court shall designate special courts from among
the existing Regional Trial Courts in each judicial region to exclusively try and hear cases
involving violations of this Act. The number of courts designated in each judicial region shall
be based on the population and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations
of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period
of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable
cause is established, the corresponding information shall be filed in court within twenty-four
(24) hours from the termination of the investigation. If the preliminary investigation is
conducted by a judge and a probable cause is found to exist, the corresponding information
shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt
of the records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60)
days from the date of the filing of the information. Decision on said cases shall be rendered
within a period of fifteen (15) days from the date of submission of the case for resolution.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other
Government Officials and Employees in Testifying as Prosecution Witnesses in Dangerous
Drugs Cases. Any member of law enforcement agencies or any other government official
and employee who, after due notice, fails or refuses intentionally or negligently, to appear
as a witness for the prosecution in any proceedings, involving violations of this Act, without
any valid reason, shall be punished with imprisonment of not less than twelve (12) years and
one (1) day to twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized with
imprisonment of not less than two (2) months and one (1) day but not more than six (6)
years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty
thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public
office if despite due notice to them and to the witness concerned, the former does not exert
reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government employee mentioned
in the preceding paragraphs shall not be transferred or re-assigned to any other government
office located in another territorial jurisdiction during the pendency of the case in court.
However, the concerned member of the law enforcement agency or government employee
may be transferred or re-assigned for compelling reasons: Provided, That his/her immediate
superior shall notify the court where the case is pending of the order to transfer or re-assign,
within twenty-four (24) hours from its approval; Provided, further, That his/her immediate
superior shall be penalized with imprisonment of not less than two (2) months and one (1)
day but not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office, should he/she fail to notify the court of such
order to transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any liability for
violation of any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases. Any government officer
or employee tasked with the prosecution of drug-related cases under this act, who, through
patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without
prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous
Drugs. The Board shall have the power to reclassify, add to or remove from the list of
dangerous drugs. Proceedings to reclassify, add, or remove a drug or other substance may
be initiated by the PDEA, the DOH, or by petition from any interested party, including the
manufacturer of a drug, a medical society or association, a pharmacy association, a public
interest group concerned with drug abuse, a national or local government agency, or an
individual citizen. When a petition is received by the Board, it shall immediately begin its
own investigation of the drug. The PDEA also may begin an investigation of a drug at any
time based upon the information received from law enforcement laboratories, national and
local law enforcement and regulatory agencies, or other sources of information.
The Board after notice and hearing shall consider the following factors with respect to each
substance proposed to be reclassified, added or removed from control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the drug or other substance;
(d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
(f) Risk to public health; and
(g) Whether the substance is an immediate precursor of a substance already
controlled under this Act.
The Board shall also take into accord the obligations and commitments to international
treaties, conventions and agreements to which the Philippines is a signatory.
The Dangerous Drugs Board shall give notice to the general public of the public hearing of
the reclassification, addition to or removal from the list of any drug by publishing such notice
in any newspaper of general circulation once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as follows:
(a) In 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 prosecutions;
(b) In 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 prosecutions;
(c) In case of the addition of a new drug to the list of dangerous drugs and precursors
and essential chemicals, no criminal liability involving the same under this Act shall
arise until after the lapse of fifteen (15) days from the last publication of such notice;
(d) In 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 automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation submit to
Congress a detailed reclassification, addition, or removal of any drug from the list of
dangerous drugs.
ARTICLE XII
Implementing Rules and Regulations
Section 94. Implementing Rules and Regulations. The present Board in consultation with
the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other

concerned government agencies shall promulgate within sixty (60) days the Implementing
Rules and Regulations that shall be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee. There is hereby created a Congressional
Oversight Committee composed of seven (7) Members from the Senate and seven (7)
Members from the House of Representatives. The Members from the Senate shall be
appointed by the Senate President based on the proportional representation of the parties or
coalitions therein with at least two (2) Senators representing the Minority. The Members from
the House of Representatives shall be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with at least two (2) Members representing
the Minority.
The Committee shall be headed by the respective Chairpersons of the Senate Committee on
Public Order and Illegal Drugs and the House of Representatives Committee on Dangerous
Drugs.
Section 96. Powers and Functions of the Oversight Committee. The Oversight 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 Act;
(b) To ensure transparency and require the submission of reports from government
agencies concerned on the conduct of programs, projects and policies relating to the
implementation of this act;
(c) To approve the budget for the programs of the Oversight Committee on
Dangerous Drugs and all disbursements therefrom, including compensation of all
personnel;
(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary
remedial legislation or executive measures; and
(f) To perform such other duties, functions and responsibilities as may be necessary
to effectively attain the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. The Oversight
Committee on Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings
and receive testimonies, reports, and technical advice, invite or summon by subpoena ad
testificandum any public official, private citizen, or any other person to testify before it, or
require any person by subpoena duces tecum documents or other materials as it may
require consistent with the provisions of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be

composed by personnel who may be seconded from the Senate and the House of
Representatives and may retain consultants.
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the
initial sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the
current appropriations of the Senate. Thereafter, such amount necessary for its continued
operations shall be included in the annual General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from
the effectivity of this Act and may be extended by a joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule
or regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as
amended, shall not apply to the provisions of this Act, except in the case of minor offenders.
Where the offender is a minor, the penalty for acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to death.
Section 99. Separability Clause. If for any reason any section or provision of this Act, or
any portion thereof, or the application of such section, provision or portion thereof to any
person, group or circumstance is declared invalid or unconstitutional, the remainder of this
Act shall not be affected by such declaration and shall remain in force and effect.
Section 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby repealed
and all other laws, administrative orders, rules and regulations, or parts thereof inconsistent
with the provisions of this Act, are hereby repealed or modified accordingly.
Section 101. Amending Clause. Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. This Act shall take effect fifteen (15) days upon its publication in
at least two (2) national newspapers of general circulation.

Approved,
[REPUBLIC ACT NO. 10592]
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal
Code, is hereby further amended to read as follows:
ART. 29. Period of preventive imprisonment deducted from term of imprisonment.
Offenders or accused who have undergone preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of liberty, with the full time during which
they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in
writing after being informed of the effects thereof and with the assistance of counsel to

abide by the same disciplinary rules imposed upon convicted prisoners, except in the
following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any
crime; and
2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall
be credited in the service of his sentence with four-fifths of the time during which he has
undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted
from thirty (30) years.
Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced and
his case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review.
Computation of preventive imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at any
stage of the trial, the court maymotu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and persons charged with heinous
crimes are excluded from the coverage of this Act. In case the maximum penalty to which
the accused may be sentenced is lestierro, he shall be released after thirty (30) days of
preventive imprisonment.
SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:
ART. 94. Partial extinction of criminal liability. Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence.
SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:
ART. 97. Allowance for good conduct. The good conduct of any offender qualified for credit
for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner
in any penal institution, rehabilitation or detention center or any other local jail shall entitle
him to the following deductions from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed a deduction of twenty
days for each month of good behavior during detention;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be
allowed a deduction of twenty-five days for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or
mentoring service time rendered.
An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct.
SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:
ART. 98. Special time allowance for loyalty. A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive imprisonment
or the service of his sentence under the circumstances mentioned in Article 158 of this
Code, gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe referred to in said
article. A deduction of two-fifths of the period of his sentence shall be granted in case said
prisoner chose to stay in the place of his confinement notwithstanding the existence of a
calamity or catastrophe enumerated in Article 158 of this Code.
This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence.
SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:
ART. 99. Who grants time allowances. Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct.
Such allowances once granted shall not be revoked.
SEC. 6. Penal Clause. Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed
against any public officer or employee who violates the provisions of this Act.
SEC. 7. Implementing Rules and Regulations. The Secretary of the Department of Justice
(DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall
within sixty (60) days from the approval of this Act, promulgate rules and regulations on the
classification system for good conduct and time allowances, as may be necessary, to
implement the provisions of this Act.
SEC. 8. Separability Clause. If any part hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain valid and subsisting.

SEC. 9. Repealing Clause. Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.
SEC. 10. Effectivity Clause. This Act shall take effect fifteen (15) days from its publication in
the Official Gazette or in at least two (2) new papers of general circulation.
Approved,
Republic Act No. 9208

May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS

ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of
2003".
Section 2. Declaration of Policy. It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this policy,
the State shall give highest priority to the enactment of measures and development of
programs that will promote human dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked persons but more
importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of
society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women
and men as enshrined in the United Nations Universal Declaration on Human Rights, United
Nations Convention on the Rights of the Child, United Nations Convention on the Protection
of Migrant Workers and their Families. United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and all other relevant and universally accepted
human rights instruments and other international conventions to which the Philippines is a
signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking 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 by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person for
the purpose of exploitation which includes at a minimum, the exploitation or the

prostitution of others or other forms of sexual exploitation, forced labor or services,

slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall also be considered as "trafficking in persons" even if it
does not involve any of the means set forth in the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of
a person by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods for
members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the value of the
services as reasonably assessed is not applied toward the liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of
a person engaged in real or simulated explicit sexual activities or any representation
of the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or

training or apprenticeship, for the purpose of prostitution, pornography, sexual

exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or
sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which
issues these certificates and stickers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting trafficking in
persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating
the acquisition of clearances and necessary exit documents from government

agencies that are mandated to provide pre-departure registration and services for
departing persons for the purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal
documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified
trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member
of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy of
the trafficked person and the accused. Towards this end, law enforcement officers,
prosecutors and judges to whom the complaint has been referred may, whenever necessary

to ensure a fair and impartial proceeding, and after considering all circumstances for the
best interest of the parties, order a closed-door investigation, prosecution or trial. The name
and personal circumstances of the trafficked person or of the accused, or any other
information tending to establish their identities and such circumstances or information shall
not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for
any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or information technology to cause
publicity of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the
commission of any offense under this Act, the trafficked person, the parents, spouse,
siblings, children or legal guardian may file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where
the offense was committed, or where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the offense: Provided, That the
court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other
courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment
of six (6) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or
any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the commission
of the crime or who shall have knowingly permitted or failed to prevent its
commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license
to operate of the erring agency, corporation, association, religious group, tour or
travel agent, club or establishment, or any place of entertainment shall be cancelled
and revoked permanently. The owner, president, partner or manager thereof shall not
be allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government
official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the
court and a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person
is delivered or released from the conditions of bondage and shall be interrupted by the filing
of the complaint or information and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate
civil action for the recovery of civil damages, he/she shall be exempt from the payment of
filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons. - In addition to the penalty 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 they are the

property of a third person not liable for the unlawful act; Provided, however, That all awards
for damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the balance shall be taken
from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, 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 pay the amount equal to the value of the proceeds, property or instruments of
the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties
forfeited and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be
administered and managed by the Council to be used exclusively for programs that will
prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the
mainstream of society. Such programs shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a
data collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate
government agencies and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building
amongst the public, the academe, government, NGOs and international
organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish
and implement preventive, protective and rehabilitative programs for trafficked persons. For
this purpose, the following agencies are hereby mandated to implement the following
programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in eliminating
trafficking activities through closer networking with government agencies in the
country and overseas, particularly in the formulation of policies and implementation
of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the
Machine Readable Passports to protect the integrity of Philippine passports, visas and
other travel documents to reduce the incidence of trafficking through the use of
fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling

program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document and
report cases of trafficking in persons involving employers and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of
the Philippines (IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively
participate and coordinate in the formulation and monitoring of policies addressing
the issue of trafficking in persons in coordination with relevant government agencies.
It shall likewise advocate for the inclusion of the issue of trafficking in persons in both
its local and international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and
alien administration laws. It shall adopt measures for the apprehension of suspected
traffickers both at the place of arrival and departure and shall ensure compliance by
the Filipino fiancs/fiances and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to
undertake surveillance, investigation and arrest of individuals or persons suspected
to be engaged in trafficking. It shall closely coordinate with various law enforcement
agencies to secure concerted efforts for effective investigation and apprehension of
suspected traffickers. It shall also establish a system to receive complaints and calls
to assist trafficked persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall implement an
effective pre-employment orientation seminars and pre-departure counseling
programs to applicants for overseas employment. It shall likewise formulate a system
of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a
systematic information and prevention campaign and likewise maintain a databank
for the effective monitoring, documentation and prosecution of cases on trafficking in
persons.

(j) Local government units (LGUs) - shall monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and ensure effective
prosecution of such cases. They shall also undertake an information campaign
against trafficking in persons through the establishment of the Migrants Advisory and
Information Network (MAIN) desks in municipalities or provinces in coordination with
DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas (CFO),
NGOs and other concerned agencies. They shall encourage and support community
based initiatives which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist the assistance
of NGOs, people's organizations (Pos), civic organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized
as victims of the act or acts of trafficking and as such shall not be penalized for crimes
directly related to the acts of trafficking enumerated in this Act or in obedience to the order
made by the trafficker in relation thereto. In this regard, the consent of a trafficked person to
the intended exploitation set forth in this Act shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision
of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be
entitled to the witness protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued
by the Council, trafficked persons in the Philippines who are nationals of a foreign country
shall also be entitled to appropriate protection, assistance and services available to
trafficked persons under this Act: Provided, That they shall be permitted continued presence
in the Philippines for a length of time prescribed by the Council as necessary to effect the
prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an InterAgency Council Against Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas Filipino
workers (OFWs) and children, with a proven record of involvement in the prevention

and suppression of trafficking in persons. These representatives shall be nominated

by the government agency representatives of the Council, for appointment by the
President for a term of three (3) years.
The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to meetings,
and shall receive emoluments as may be determined by the Council in accordance
with existing budget and accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the following powers and
functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the
trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and campaign on
the existence of the law and the various issues and problems attendant to trafficking
through the LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation
with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA),
Commission on Higher Education (CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other civic organizations such assistance as may be
needed to effectively implement this Act;
(j) Complement the shared government information system for migration established
under Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas
Filipinos Act of 1995" with data on cases of trafficking in persons, and ensure that the
proper agencies conduct a continuing research and study on the patterns and
scheme of trafficking in persons which shall form the basis for policy formulation and
program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective response
to cases of trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance

among foreign countries through bilateral and/or multilateral arrangements to
prevent and suppress international trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC),
Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion
of advertisement of trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked persons
who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary intervention
or assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall establish the
necessary Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation
and reintegration into the mainstream of society, concerned government agencies shall
make available the following services to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free 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 by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and
carried out.
Section 24. Other Services for Trafficked Persons. (a) Legal Assistance. - Trafficked persons shall be considered under the category
"Overseas Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos
as provided for by Republic Act No. 8042 shall also be extended to trafficked persons
regardless of their immigration status in the host country.
(c) The Country Team Approach. - The country team approach under Executive Order
No. 74 of 1993, shall be the operational scheme under which Philippine embassies
abroad shall provide protection to trafficked persons insofar as the promotion of their
welfare, dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and
other appropriate agencies, shall have the primary responsibility for the repatriation of
trafficked persons, regardless of whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater
risks, the DFA shall make representation with the host government for the extension of
appropriate residency permits and protection, as may be legally permissible in the host
country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include
offenses of trafficking in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities relative
to the implementation of this Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall
immediately 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 General
Appropriations Act.
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity of
this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right
to Travel. - Nothing 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 contrary to law as
guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is
held unconstitutional or invalid, the other sections or provisions hereof shall not be affected
thereby.
Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules
and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly: Provided, That this Act shall not in any way amend or
repeal the provision of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.
REPUBLIC ACT No. 10364
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE
POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR
ITS VIOLATIONS AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. This Act shall be known as the "Expanded Anti-Trafficking in Persons
Act of 2012.
Section 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 2. Declaration of Policy. It is hereby declared that the State values the dignity
of every human person and guarantees the respect of individual rights. In pursuit of
this policy, the State shall give highest priority to the enactment of measures and
development of programs that will promote human dignity, protect the people from
any threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
"It shall be a State policy to recognize the equal rights and inherent human dignity of
women and men as enshrined in the United Nations Universal Declaration on Human
Rights, United Nations Convention on the Elimination of All Forms of Discrimination
Against Women, United Nations Convention on the Rights of the Child, United Nations
Convention on the Protection of Migrant Workers and their Families, United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children and all
other relevant and universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory."
Section 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 3. Definition of Terms. As used in this Act:
"(a) Trafficking in Persons refers to the recruitment, obtaining, hiring,
providing, offering, transportation, transfer, maintaining, harboring, or receipt
of persons with or without the victims consent or knowledge, within or across
national borders by means of threat, or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum,

the exploitation or the prostitution of others or other forms of sexual

exploitation, forced labor or services, slavery, servitude or the removal or sale
of organs.
"The recruitment, transportation, transfer, harboring, adoption or receipt of a
child for the purpose of exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall also be considered as
trafficking in persons even if it does not involve any of the means set forth in
the preceding paragraph.
"(b) Child refers to a person below eighteen (18) years of age or one who is
over eighteen (18) but is unable to fully take care of or protect himself/herself
from abuse, neglect, cruelty, exploitation, or discrimination because of a
physical or mental disability or condition.
"(c) Prostitution refers to any act, transaction, scheme or design involving
the use of a person by another, for sexual intercourse or lascivious conduct in
exchange for money, profit or any other consideration.
"(d) Forced Labor refers to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of, force
or coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception including any work or service
extracted from any person under the menace of penalty.
"(e) Slavery refers to the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are exercised.
"(f) Involuntary Servitude refers to a condition of enforced and compulsory
service induced by means of any scheme, plan or pattern, intended to cause a
person to believe that if he or she did not enter into or continue in such
condition, he or she or another person would suffer serious harm or other
forms of abuse or physical restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and withholding salaries, or
the abuse or threatened abuse of the legal process.
"(g) Sex Tourism refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
"(h) Sexual Exploitation refers to participation by a person in prostitution,
pornography or the production of pornography, in exchange for money, profit
or any other consideration or where the participation is caused or facilitated
by any means of intimidation or threat, use of force, or other forms of
coercion, abduction, fraud, deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the vulnerability of the
person, or giving or receiving of payments or benefits to achieve the consent

of a person having control over another person; or in sexual intercourse or

lascivious conduct caused or facilitated by any means as provided in this Act.
"(i) Debt Bondage refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
"(j) Pornography refers to any representation, through publication,
exhibition, cinematography, indecent shows, information technology, or by
whatever means, of a person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a person for primarily
sexual purposes.
"(k) Council shall mean the Inter-Agency Council Against Trafficking created
under Section 20 of this Act."
Section 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
harbor, or receive a person by any means, including those done under the
pretext of domestic or overseas employment or training or apprenticeship, for
the purpose of prostitution, pornography, or sexual exploitation;
"(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
"(c) To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
"(d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
"(e) To maintain or hire a person to engage in prostitution or pornography;
"(f) To adopt persons by any form of consideration for exploitative purposes or
to facilitate the same for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

"(g) To adopt or facilitate the adoption of persons for the purpose of

prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,
provide, offer, receive or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or
sale of organs of said person;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide,
receive or adopt a child to engage in armed activities in the Philippines or
abroad;
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide
or receive a person by means defined in Section 3 of this Act for purposes of
forced labor, slavery, debt bondage and involuntary servitude, including a
scheme, plan, or pattern intended to cause the person either:
"(1) To believe that if the person did not perform such labor or services,
he or she or another person would suffer serious harm or physical
restraint; or
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for purposes of exploitation or trading them,
including but not limited to, the act of baring and/or selling a child for any
consideration or for barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include:
"(1) All forms of slavery or practices similar to slavery, involuntary
servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
"(2) The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances;
"(3) The use, procuring or offering of a child for the production and
trafficking of drugs; and
"(4) The use, procuring or offering of a child for illegal activities or work
which, by its nature or the circumstances in which it is carried out, is
likely to harm their health, safety or morals; and
"(l) To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act."
Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:

"SEC. 4-A. Attempted Trafficking in Persons. Where there are acts to initiate the
commission of a trafficking offense but the offender failed to or did not execute all
the elements of the crime, by accident or by reason of some cause other than
voluntary desistance, such overt acts shall be deemed as an attempt to commit an
act of trafficking in persons. As such, an attempt to commit any of the offenses
enumerated in Section 4 of this Act shall constitute attempted trafficking in persons.
"In cases where the victim is a child, any of the following acts shall also be deemed
as attempted trafficking in persons:
"(a) Facilitating the travel of a child who travels alone to a foreign country or
territory without valid reason therefor and without the required clearance or
permit from the Department of Social Welfare and Development, or a written
permit or justification from the childs parent or legal guardian;
"(b) Executing, for a consideration, an affidavit of consent or a written consent
for adoption;
"(c) Recruiting a woman to bear a child for the purpose of selling the child;
"(d) Simulating a birth for the purpose of selling the child; and
"(e) Soliciting a child and acquiring the custody thereof through any means
from among hospitals, clinics, nurseries, daycare centers, refugee or
evacuation centers, and low-income families, for the purpose of selling the
child."
Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-B. Accomplice Liability. Whoever knowingly aids, abets, cooperates in the
execution of the offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of Section 10(c) of this Act."
Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-C. Accessories. Whoever has the knowledge of the commission of the crime,
and without having participated therein, either as principal or as accomplices, take
part in its commission in any of the following manners:
"(a) By profiting themselves or assisting the offender to profit by the effects of
the crime;
"(b) By concealing or destroying the body of the crime or effects or
instruments thereof, in order to prevent its discovery;
"(c) By harboring, concealing or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of his or her public functions or
is known to be habitually guilty of some other crime.

"Acts defined in this provision shall be punished in accordance with the provision of
Section 10(d) as stated thereto."
Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 5. Acts that Promote Trafficking in Persons. The following acts which promote
or facilitate trafficking in persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers, overseas employment certificates
or other certificates of any government agency which issues these
certificates, decals and such other markers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause the destruction of evidence, or to
influence or attempt to influence witnesses, in an investigation or prosecution
of a case under this Act;
"(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy,
conceal, remove, confiscate or possess, any actual or purported passport or
other travel, immigration or working permit or document, or any other actual
or purported government identification, of any person in order to prevent or
restrict, or attempt to prevent or restrict, without lawful authority, the
persons liberty to move or travel in order to maintain the labor or services of
that person; or
"(j) To utilize his or her office to impede the investigation, prosecution or
execution of lawful orders in a case under this Act."
Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 6. Qualified Trafficking in Persons. Violations of Section 4 of this Act shall be
considered as qualified trafficking:
"x x x

"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a

person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee;
"x x x
"(f) When the offender is a member of the military or law enforcement agencies;
"(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
"(h) When the offender commits one or more violations of Section 4 over a period of
sixty (60) or more days, whether those days are continuous or not; and
"(i) When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking."
Section 10. Section 7 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 7. Confidentiality. At any stage of the investigation, rescue, prosecution and
trial of an offense under this Act, law enforcement officers, prosecutors, judges, court
personnel, social workers and medical practitioners, as well as parties to the case,
shall protect the right to privacy of the trafficked person. Towards this end, law
enforcement officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial proceeding, and
after considering all circumstances for the best interest of the parties, order a closeddoor investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or any other information tending to establish the identity of the
trafficked person and his or her family shall not be disclosed to the public.
"It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio, producer
and director of a film in case of the movie industry, or any person utilizing tri-media
facilities or electronic information technology to cause publicity of the name, personal
circumstances, or any information tending to establish the identity of the trafficked
person except when the trafficked person in a written statement duly notarized
knowingly, voluntarily and willingly waives said confidentiality.
"Law enforcement officers, prosecutors, judges, court personnel, social workers and
medical practitioners shall be trained on the importance of maintaining
confidentiality as a means to protect the right to privacy of victims and to encourage
victims to file complaints."
Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 8. Initiation and Prosecution of Cases.
"(a) Initiation of Investigation. Law enforcement agencies are mandated to
immediately initiate investigation and counter-trafficking-intelligence gathering upon

receipt of statements or affidavit from victims of trafficking, migrant workers, or their

families who are in possession of knowledge or information about trafficking in
persons cases.
"(b) Prosecution of Cases. Any person who has personal knowledge of the
commission of any offense under this Act, such as the trafficked person, the parents,
spouse, siblings, children or legal guardian may file a complaint for trafficking.
"(c) Affidavit of Desistance. Cases involving trafficking in persons should not be
dismissed based on the affidavit of desistance executed by the victims or their
parents or legal guardians. Public and private prosecutors are directed to oppose and
manifest objections to motions for dismissal.
"Any act involving the means provided in this Act or any attempt thereof for the
purpose of securing an Affidavit of Desistance from the complainant shall be
punishable under this Act."
Section 12. Section 10 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 10. Penalties and Sanctions. The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
"(a) Any person found guilty of committing any of the acts enumerated in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
"(b) Any person found guilty of committing any of the acts enumerated in Section 4-A
of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment agency involved in trafficking. The license of
a recruitment agency which trafficked a child shall be automatically revoked.
"(d) Any person found, guilty of committing any of the acts enumerated in Section 5
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);
"(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

"(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment
of six (6) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
"(g) If the offender is a corporation, partnership, association, club, establishment or
any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the commission
of the crime or who shall have knowingly permitted or failed to prevent its
commission;
"(h) The registration with the Securities and Exchange Commission (SEC) and license
to operate of the erring agency, corporation, association, religious group, tour or
travel agent, club or establishment, or any place of entertainment shall be cancelled
and revoked permanently. The owner, president, partner or manager thereof shall not
be allowed to operate similar establishments in a different name;
"(i) If the offender is a foreigner, he or she shall be immediately deported after
serving his or her sentence and be barred permanently from entering the country;
"(j) Any employee or official of government agencies who shall issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government
official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other benefits
shall likewise be forfeited; and
"(k) Conviction, by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption."
Section 13. Section 11 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 11. Use of Trafficked Persons. Any person who buys or engages the services
of a trafficked person for prostitution shall be penalized with the
following: Provided, That the Probation Law (Presidential Decree No. 968) shall not
apply:
"(a) Prision Correccional in its maximum period to prision mayor or six (6)
years to twelve (12) years imprisonment and a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand pesos
(P100,000.00): Provided, however, That the following acts shall be exempted
thereto:
"(1) If an offense under paragraph (a) involves sexual intercourse or lascivious
conduct with a child, the penalty shall be reclusion temporal in its medium
period to reclusion perpetua or seventeen (17) years to forty (40) years

imprisonment and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual
intercourse with, a male or female trafficking victim and also involves the use
of force or intimidation, to a victim deprived of reason or to an unconscious
victim, or a victim under twelve (12) years of age, instead of the penalty
prescribed in the subparagraph above the penalty shall be a fine of not less
than One million pesos (P1,000,000.00) but not more than Five million pesos
(P5,000,000.00) and imprisonment ofreclusion perpetua or forty (40) years
imprisonment with no possibility of parole; except that if a person violating
paragraph (a) of this section knows the person that provided prostitution
services is in fact a victim of trafficking, the offender shall not be likewise
penalized under this section but under Section 10 as a person violating
Section 4; and if in committing such an offense, the offender also knows a
qualifying circumstance for trafficking, the offender shall be penalized under
Section 10 for qualified trafficking. If in violating this section the offender also
violates Section 4, the offender shall be penalized under Section 10 and, if
applicable, for qualified trafficking instead of under this section;
"(b) Deportation. If a foreigner commits any offense described by paragraph
(1) or (2) of this section or violates any pertinent provision of this Act as an
accomplice or accessory to, or by attempting any such offense, he or she shall
be immediately deported after serving his or her sentence and be barred
permanently from entering the country; and
"(c) Public Official. If the offender is a public official, he or she shall be
dismissed from service and shall suffer perpetual absolute disqualification to
hold public, office, in addition to any imprisonment or fine received pursuant
to any other provision of this Act."
Section 14. Section 12 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 12. Prescriptive Period. Trafficking cases under this Act shall prescribe in ten
(10) years: Provided, however, That trafficking cases committed by a syndicate or in
a large scale as defined under Section 6, or against a child, shall prescribe in twenty
(20) years.
"The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage, or in the case of a
child victim, from the day the child reaches the age of majority, and shall be
interrupted by the filing of the complaint or information and shall commence to run
again when the proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the accused."
Section 15. Section 16 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 16. Programs that Address Trafficking in Persons. The government shall
establish and implement preventive, protective and rehabilitative programs for

trafficked persons. For this purpose, the following agencies are hereby mandated to
implement the following programs:
"(a) Department of Foreign Affairs (DFA) shall make available its resources
and facilities overseas for trafficked persons regardless of their manner of
entry to the receiving country, and explore means to further enhance its
assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs. It shall
provide Filipino victims of trafficking overseas with free legal assistance and
counsel to pursue legal action against his or her traffickers, represent his or
her interests in any criminal investigation or prosecution, and assist in the
application for social benefits and/or regular immigration status as may be
allowed or provided for by the host country. The DFA shall repatriate trafficked
Filipinos with the consent of the victims.
"The DFA shall take necessary measures for the efficient implementation of
the Electronic Passporting System to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
"In coordination with the Department of Labor and Employment, it shall
provide free temporary shelters and other services to Filipino victims of
trafficking overseas through the migrant workers and other overseas Filipinos
resource centers established overseas under Republic Act No. 8042, as
amended.
"(b) Department of Social Welfare and Development (DSWD) shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system
for accreditation among NGOs for purposes of establishing centers and
programs for intervention in various levels of the community. It shall establish
free temporary shelters, for the protection and housing of trafficked persons
to provide the following basic services to trafficked persons:
"(1) Temporary housing and food facilities;
"(2) Psychological support and counseling;
"(3) 24-hour call center for crisis calls and technology-based counseling
and referral system;
"(4) Coordination with local law enforcement entities; and
"(5) Coordination with the Department of Justice, among others.
"The DSWD must conduct information campaigns in communities and schools
teaching parents and families that receiving consideration in exchange for
adoption is punishable under the law. Furthermore, information campaigns

must be conducted with the police that they must not induce poor women to
give their children up for adoption in exchange for consideration.
"(c) Department of Labor and Employment (DOLE) shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
labor recruiters.
"(d) Department of Justice (DOJ) shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a mechanism
for free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
"(e) Philippine Commission on Women (PCW) shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue
of trafficking in persons in coordination with relevant government agencies. It
shall likewise advocate for the inclusion of the issue of trafficking in persons in
both its local and international advocacy for womens issues.
"(f) Bureau of Immigration (BI) shall strictly administer and enforce
immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancs/fiances and
spouses of foreign nationals with the guidance and counseling requirement as
provided for in this Act.
"(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI)
shall be the primary law enforcement agencies to undertake surveillance,
investigation and arrest of individuals or persons suspected to be engaged in
trafficking. They shall closely coordinate with each other and with other law
enforcement agencies to secure concerted efforts for effective investigation
and apprehension of suspected traffickers. They shall also establish a system
to receive complaints and calls to assist trafficked persons and conduct rescue
operations.
"(h) Philippine Overseas Employment Administration (POEA) and Overseas
Workers and Welfare Administration (OWWA) POEA shall implement PreEmployment Orientation Seminars (PEOS) while Pre-Departure Orientation
Seminars (PDOS) shall be conducted by the OWWA. It shall likewise formulate
a system of providing free legal assistance to trafficked persons, in
coordination with the DFA.
"The POEA shall create a blacklist of recruitment agencies, illegal recruiters
and persons facing administrative, civil and criminal complaints for trafficking
filed in the receiving country and/or in the Philippines and those agencies,
illegal recruiters and persons involved in cases of trafficking who have been
rescued by the DFA and DOLE in the receiving country or in the Philippines
even if no formal administrative, civil or criminal complaints have been

filed: Provided, That the rescued victims shall execute an affidavit attesting to
the acts violative of the anti-trafficking law. This blacklist shall be posted in
conspicuous places in concerned government agencies and shall be updated
bi-monthly.
"The blacklist shall likewise be posted by the POEA in the shared government
information system, which is mandated to be established under Republic Act
No. 8042, as amended.
"The POEA and OWWA shall accredit NGOs and other service providers to
conduct PEOS and PDOS, respectively. The PEOS and PDOS should include the
discussion and distribution of the blacklist.
"The license or registration of a recruitment agency that has been blacklisted
may be suspended by the POEA upon a review of the complaints filed against
said agency.
"(i) Department of the Interior and Local Government (DILG) shall institute a
systematic information and prevention campaign in coordination with
pertinent agencies of government as provided for in this Act. It shall provide
training programs to local government units, in coordination with the Council,
in ensuring wide understanding and application of this Act at the local level.
"(j) Commission on Filipinos Overseas shall conduct pre-departure counseling
services for Filipinos in intermarriages. It shall develop a system for
accreditation of NGOs that may be mobilized for purposes of conducting predeparture counseling services for Filipinos in intermarriages. As such, it shall
ensure that the counselors contemplated under this Act shall have the
minimum qualifications and training of guidance counselors as provided for by
law.
"It shall likewise assist in the conduct of information campaigns against
trafficking in coordination with local government units, the Philippine
Information Agency, and NGOs.
"(k) Local government units (LGUs) shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in municipalities or
provinces in coordination with the DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies.
They shall encourage and support community-based initiatives which address
the trafficking in persons.
"In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, peoples organizations (POs), civic organizations and
other volunteer groups."

Section 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 16-A. Anti-Trafficking in Persons Database. An anti-trafficking in persons
central database shall be established by the Inter-Agency Council Against Trafficking
created under Section 20 of this Act. The Council shall submit a report to the
President of the Philippines and to Congress, on or before January 15 of every year,
with respect to the preceding years programs and data on trafficking-related cases.
"All government agencies tasked under the law to undertake programs and render
assistance to address trafficking in persons shall develop their respective monitoring
and data collection systems, and databases, for purposes of ensuring efficient
collection and storage of data on cases of trafficking in persons handled by their
respective offices. Such data shall be submitted to the Council for integration in a
central database system.
"For this purpose, the Council is hereby tasked to ensure the harmonization and
standardization of databases, including minimum data requirements, definitions,
reporting formats, data collection systems, and data verification systems. Such
databases shall have, at the minimum, the following information:
"(a) The number of cases of trafficking in persons, sorted according to status
of cases, including the number of cases being investigated, submitted for
prosecution, dropped, and filed and/or pending before the courts and the
number of convictions and acquittals;
"(b) The profile/information on each case;
"(c) The number of victims of trafficking in persons referred to the agency by
destination countries/areas and by area of origin; and
"(d) Disaggregated data on trafficking victims and the accused/defendants."
Section 17. Section 17 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 17. Legal Protection to Trafficked Persons. Trafficked persons shall be
recognized as victims of the act or acts of trafficking and as such, shall not be
penalized for unlawful acts committed as a direct result of, or as an incident or in
relation to, being trafficked based on the acts of trafficking enumerated in this Act or
in obedience to the order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in this Act shall
be irrelevant.
"Victims of trafficking for purposes of prostitution as defined under Section 4 of this
Act are not covered by Article 202 of the Revised Penal Code and as such, shall not
be prosecuted, fined, or otherwise penalized under the said law."
Section 18. A new Section 17-A is hereby inserted into Republic Act No. 9208, to read as
follows:

"SEC. 17-A. Temporary Custody of Trafficked Victims. The rescue of victims should
be done as much as possible with the assistance of the DSWD or an accredited NGO
that services trafficked victims. A law enforcement officer, on a reasonable suspicion
that a person is a victim of any offense defined under this Act including attempted
trafficking, shall immediately place that person in the temporary custody of the local
social welfare and development office, or any accredited or licensed shelter
institution devoted to protecting trafficked persons after the rescue."
Section 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of
Victims and of Consent of Victims in Cases of Deception, Coercion and Other
Prohibited Means. The past sexual behavior or the sexual predisposition of a
trafficked person shall be considered inadmissible in evidence for the purpose of
proving consent of the victim to engage in sexual behavior, or to prove the
predisposition, sexual or otherwise, of a trafficked person. Furthermore, the consent
of a victim of trafficking to the intended exploitation shall be irrelevant where any of
the means set forth in Section 3(a) of this Act has been used."
Section 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. No action
or suit shall be brought, instituted or maintained in any court or tribunal or before
any other authority against any: (a) law enforcement officer; (b) social worker; or (c)
person acting in compliance with a lawful order from any of the above, for lawful acts
done or statements made during an authorized rescue operation, recovery or
rehabilitation/intervention, or an investigation or prosecution of an anti-trafficking
case: Provided, That such acts shall have been made in good faith.
"The prosecution of retaliatory suits against victims of trafficking shall be held in
abeyance pending final resolution and decision of criminal complaint for trafficking.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement
officers, prosecutors and judges to urge complainants to abandon their criminal, civil
and administrative complaints for trafficking.
"The remedies of injunction and attachment of properties of the traffickers, illegal
recruiters and persons involved in trafficking may be issued motu proprio by judges."
Section 21. Section 20 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 20. Inter-Agency Council Against Trafficking. There is hereby established an
Inter-Agency Council Against Trafficking, to be composed of the Secretary of the
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as
members:
"(a) Secretary, Department of Foreign Affairs;

"(b) Secretary, Department of Labor and Employment;

"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administration;
"(e) Commissioner, Bureau of Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine Commission on Women;
"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Executive Director, Philippine Center for Transnational Crimes; and
"(j) Three (3) representatives from NGOs, who shall include one (1)
representative each from among the sectors representing women, overseas
Filipinos, and children, with a proven record of involvement in the prevention
and suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
"The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to meetings,
and shall receive emoluments as may be determined by the Council in accordance
with existing budget and accounting rules and regulations."
Section 22. Section 22 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 22. Secretariat to the Council. The Department of Justice shall establish the
necessary Secretariat for the Council.
"The secretariat shall provide support for the functions and projects of the Council.
The secretariat shall be headed by an executive director, who shall be appointed by
the Secretary of the DOJ upon the recommendation of the Council. The executive
director must have adequate knowledge on, training and experience in the
phenomenon of and issues involved in trafficking in persons and in the field of law,
law enforcement, social work, criminology, or psychology.
"The executive director shall be under the supervision of the Inter-Agency Council
Against Trafficking through its Chairperson and Co-Chairperson, and shall perform the
following functions:
"(a) Act as secretary of the Council and administrative officer of its secretariat;
"(b) Advise and assist the Chairperson in formulating and implementing the
objectives, policies, plans and programs of the Council, including those

involving mobilization of government offices represented in the Council as well

as other relevant government offices, task forces, and mechanisms;
"(c) Serve as principal assistant to the Chairperson in the overall supervision
of council administrative business;
"(d) Oversee all council operational activities;
"(e) Ensure an effective and efficient performance of council functions and
prompt implementation of council objectives, policies, plans and programs;
"(f) Propose effective allocations of resources for implementing council
objectives, policies, plans and programs;
"(g) Submit periodic reports to the Council on the progress of council
objectives, policies, plans and programs;
"(h) Prepare annual reports of all council activities; and
"(i) Perform other duties as the Council may assign."
Section 23. A new Section 26-A is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. The State shall exercise jurisdiction over
any act defined and penalized under this Act, even if committed outside the
Philippines and whether or not such act or acts constitute an offense at the place of
commission, the crime being a continuing offense, having been commenced in the
Philippines and other elements having been committed in another country, if the
suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.
"No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has
prosecuted or is prosecuting such person for the conduct constituting such offense,
except upon the approval of the Secretary of Justice.
"The government may surrender or extradite persons accused of trafficking in the
Philippines to the appropriate international court if any, or to another State pursuant
to the applicable extradition laws and treaties."
Section 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:

"SEC. 28. Funding. The amount necessary to implement the provisions of this Act
shall be charged against the current years appropriations of the Inter-Agency Council
Against Trafficking under the budget of the DOJ and the appropriations of the other
concerned departments. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act."1wphi1
Section 25. A new Section 28-A is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 28-A. Additional Funds for the Council. The amount collected from every
penalty, fine or asset derived from any violation of this Act shall be earmarked as
additional funds for the use of the Council. The fund may be augmented by grants,
donations and endowment from various sources, domestic or foreign, for purposes
related to their functions, subject to the existing accepted rules and regulations of
the Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended
to read as follows:
"SEC. 32. Repealing Clause. Article 202 of the Revised Penal Code, 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: Provided,That this Act shall not in any
way amend or repeal the provisions of Republic Act No. 7610, otherwise known as the
Special Protection of Child Against Child Abuse, Exploitation and Discrimination Act."
Section 27. Section 33 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 33. Effectivity. This Act shall take effect fifteen (15) days following its
complete publication in at least two (2) newspapers of general circulation."
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised Penal Code
(Forms of Gambling and Betting), R.A. 3063 (Horse racing Bookies), P.D. 449 (Cockfighting),
P.D. 483 (Game Fixing), P.D. 510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the
Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other City and Municipal Ordinances or
gambling all over the country prescribe penalties which are inadequate to discourage or
stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties to make them more effective in
combating this social menace which dissipate the energy and resources of our people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. Penalties. The following penalties are hereby imposed:

(a) The penalty of prison correccional in its medium period of a fine ranging from one
thousand to six thousand pesos, and in case of recidivism, the penalty of prision
mayor in its medium period or a fine ranging from five thousand to ten thousand
pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections who
in any manner, shall directly or indirectly take part in any illegal or
unauthorized activities or games of cockfighting, jueteng, jai alai or horse
racing to include bookie operations and game fixing, numbers, bingo and
other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any
game using dice; black jack, lucky nine, poker and its derivatives, monte,
baccarat, cuajao, pangguingue and other card games; paik que, high and low,
mahjong, domino and other games using plastic tiles and the likes; slot
machines, roulette, pinball and other mechanical contraptions and devices;
dog racing, boat racing, car racing and other forms of races, basketball,
boxing, volleyball, bowling, pingpong and other forms of individual or team
contests to include game fixing, point shaving and other machinations;
banking or percentage game, or any other game scheme, whether upon
chance or skill, wherein wagers consisting of money, articles of value or
representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in
the preceding subparagraph to be carried on in inhabited or uninhabited place
or in any building, vessel or other means of transportation owned or controlled
by him. If the place where gambling is carried on has a reputation of a
gambling place or that prohibited gambling is frequently carried on therein, or
the place is a public or government building or barangay hall, the malfactor
shall be punished by prision correccional in its maximum period and a fine of
six thousand pesos.
(b) The penalty of prision correccional in its maximum period or a fine of six thousand
pesos shall be imposed upon the maintainer or conductor of the above gambling
schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute
disqualification or a fine of six thousand pesos shall be imposed if the maintainer,
conductor or banker of said gambling schemes is a government official, or where
such government official is the player, promoter, referee, umpire, judge or coach in
case of game fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from
four hundred to two thousand pesos shall be imposed upon any person who shall,
knowingly and without lawful purpose in any hour of any day, possess any lottery list,
paper or other matter containing letters, figures, signs or symbols pertaining to or in
any manner used in the games of jueteng, jai-alai or horse racing bookies, and
similar games of lotteries and numbers which have taken place or about to take
place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any
barangay official who, with knowledge of the existence of a gambling house or place
in his jurisdiction fails to abate the same or take action in connection therewith.

(f) The penalty of prision correccional in its maximum period or a fine ranging from
five hundred pesos to two thousand pesos shall be imposed upon any security officer,
security guard, watchman, private or house detective of hotels, villages, buildings,
enclosures and the like which have the reputation of a gambling place or where
gambling activities are being held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the
arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of the government.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as
amended, Republic Act No. 3063, Presidential Decrees Numbered 483, 449, 510 and 1306,
letters of instructions, laws, executive orders, rules and regulations, city and municipal
ordinances which are inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect immediately upon publication at least
once in a newspaper of general circulation.

Republic Act No. 9287

April 2, 2004

AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES, AMENDING

CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO. 1602, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Declaration of Policy. - It is the policy of the State to promote a just and dynamic
social order that will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all. It is likewise
the policy of the State that the promotion of social justice shall include the commitment to
create economic opportunities based on freedom of initiative and self-reliance.
Hence, the State hereby condemns the existence of illegal gambling activities such as illegal
numbers games as this has become an influential factor in an individual's disregard for the
value of dignified work, perseverance and thrift since instant monetary gains from it are
being equated to success, thereby becoming a widespread social menace and a source of
corruption.
Towards this end, the State shall therefore adopt more stringent measures to stop and
eradicate the existence of illegal numbers games in any part of the country.
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling activity which uses numbers or
combinations thereof as factors in giving out jackpots.

b) Jueteng. - An illegal numbers game that involves the combination of thirty-seven

(37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven
(37) or the combination of thirty-eight (38) numbers in some areas, serving as a form
of local lottery where bets are placed and accepted per combination, and its variants.
c) Masiao. - An illegal numbers game where the winning combination is derived from
the results of the last game of Jai Alai or the Special Llave portion or any result
thereof based on any fictitious Jai Alai game consisting of ten (10) players pitted
against one another, and its variants.
d) Last Two. - An illegal numbers game where the winning combination is derived
from the last two (2) numbers of the first prize of the winning Sweepstakes ticket
which comes out during the weekly draw of the Philippine Charity Sweepstakes Office
(PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places bets
for himself/herself or in behalf of another person, or any person, other than the
personnel or staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in
the interest of the maintainer, manager or operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any
other personnel performing such similar functions in a building structure, vessel,
vehicle, or any other place where an illegal numbers game is operated or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). - Any
person who collects, solicits or produces bets in behalf of his/her principal for any
illegal numbers game who is usually in possession of gambling paraphernalia.
h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). - Any
person who exercises control and supervision over the collector or agent.
i) Maintainer, Manager or Operator. - Any person who maintains, manages or
operates any illegal number game in a specific area from whom the coordinator,
controller or supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who finances the operations of any illegal
numbers game.
k) Protector or Coddler. - Any person who lends or provides protection, or receives
benefits in any manner in the operation of any illegal numbers game.
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall
suffer the following penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such
person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years,
if such person acts as a personnel or staff of an illegal numbers game operation;

The same penalty shall likewise be imposed to any person who allows his vehicle,
house, building or land to be used in the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10)
years, if such person acts as a collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12)
years, if such person acts as a coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10)
fourteen (14) years, if such person acts as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen
(16) years, if such person acts as a financier or capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty
(20) years, if such person acts as protector or coddler.
Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of any
gambling paraphernalia and other materials used in the illegal numbers game operation
shall be deemed prima facie evidence of any offense covered by this Act.
Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the collector, agent,
coordinator, controller, supervisor, maintainer, manager, operator, financier or capitalist of
any illegal numbers game is a government employee and/or public official, whether elected
or appointed shall suffer the penalty of twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from Three million pesos (P3,000,000.00) to Five million pesos
(P5,000,000.00) and perpetual absolute disqualification from public office.
In addition to the penalty provided in the immediately preceding section, the accessory
penalty of perpetual disqualification from public office shall be imposed upon any local
government official who, having knowledge of the existence of the operation of any illegal
numbers game in his/her jurisdiction, fails to abate or to take action, or tolerates the same in
connection therewith.
b) In the case of failure to apprehend perpetrators of any illegal numbers game, any law
enforcer shall suffer an administrative penalty of suspension or dismissal, as the case may
be, to be imposed by the appropriate authority.
Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from six (6) months
and one (1) day to one (1) year or fine ranging from One hundred thousand pesos
(P100,000.00) to Four hundred thousand pesos (P400,000.00) shall be imposed upon any
parent, guardian or person exercising moral authority or ascendancy over a minor, ward or
incapacitated person, and not otherwise falling under any of the foregoing subsections, who
induces or causes such minor, ward or incapacitated person to commit any of the offenses
punishable in this Act. Upon conviction, the parent, guardian or person exercising moral
authority or ascendancy over the minor, ward or incapacitated person shall be deprived of
his/her authority over such person in addition to the penalty imposed.

Sec. 7. Recidivism. - The penalty next higher in degree as provided for under Section 3
hereof shall be imposed upon a recidivist who commits any of the offenses punishable in this
Act.
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the
government or provides evidence in a criminal case involving any violation of this Act, or
who voluntarily or by virtue of a subpoena testificandum or duces tecum, produces,
identifies, or gives testimony shall be immune from any criminal prosecution, subject to the
compliance with the provisions of Presidential Decree No. 1732, otherwise known as Decree
Providing Immunity from Criminal Prosecution to Government Witnesses and the pertinent
provisions of the Rules of Court.
Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person may be charged with
or convicted of the offenses covered by this Act without prejudice to the prosecution of any
act or acts penalized under the Revised Penal Code or existing laws.
During the pendency of the case, no property or income used or derived therefrom which
may 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 trial prosecutors shall avail of provisional remedies provided for under the Revised Rules
on Criminal Procedure.
Upon conviction, all proceeds, gambling paraphernalia and other instruments of the crime
including any real or personal property used in any illegal numbers game operation shall be
confiscated and forfeited in favor of the State. All assets and properties of the accused either
owned or held by him/her in his/her name or in the name of another person found to be
manifestly out of proportion to his/her lawful income shall be prima facie presumed to be
proceeds of the offense and shall likewise be confiscated and forfeited in favor of the State.
Sec. 10. Witness Protection. - Any person who provides material information, whether
testimonial or documentary, necessary for the investigation or prosecution of individuals
committing any of the offenses under Sections 3, 4, 5 and 6 herein shall be placed under the
Witness Protection Program pursuant to Republic Act. No. 6981.
Sec. 11. Informer's Reward. - Any person who, having knowledge or information of any
offense committed under this Act and who shall disclose the same which may lead to the
arrest and final conviction of the offender, may be rewarded a certain percentage of the
cash money or articles of value confiscated or forfeited in favor of the government, which
shall be determined through a policy guideline promulgated by the Department of Justice
(DOJ) in coordination with the Department of Interior and Local Government (DILG) and the
National Police Commission (NAPOLCOM).
The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and incentives
for law enforcement officers and for local government official for the effective
implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of
this Act, the DILG, DOJ, NAPOLCOM, and other concerned government agencies shall jointly

promulgate the implementing rules and regulations, as may be necessary to ensure the
efficient and effective implementation of the provisions of this Act.
Sec. 13. Separability Clause. - If for any reason any section or provision of this Act, or any
portion thereof, or the application of such section, provision or portion thereof to any person,
group or circumstance is declared invalid or unconstitutional, the remaining provisions of
this Act shall not be affected by such declaration and shall remain in force and effect.
Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential Decree No. 1602, in
so far as they are inconsistent herewith, are hereby expressly amended or modified
accordingly.
Sec. 15. Repealing Clause. - The provisions of other laws, decrees, executive orders, rules
and regulations inconsistent with this Act are hereby repealed, amended or modified
accordingly.
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.
REPUBLIC ACT NO. 8042
Migrant Workers and Overseas Filipinos Act of 1995

An act to institute the policies of overseas employment and establish a higher standard of
protection and promotion of the welfare of migrant workers, their families and overseas
Filipinos in distress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant Workers and
Overseas Filipinos Act of 1995."
SEC. 2. DECLARATION OF POLICIES-(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination
paramount in its relations with other states, the State shall, at all times, uphold the dignity
of its citizens whether in country or overseas, in general, and Filipino migrant workers, in
particular.
(b) The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.
Towards this end, the State shall provide adequate and timely social, economic and legal
services to Filipino migrant workers.
(c) While recognizing the significant contribution of Filipino migrant workers to the national
economy through their foreign exchange remittances, the State does not promote overseas
employment as a means to sustain economic growth and achieve national development. The
existence of the overseas employment program rests solely on the assurance that the

dignity and fundamental human rights and freedoms of the Filipino citizens shall not, at any
time, be compromised or violated. The State, therefore, shall continuously create local
employment opportunities and promote the equitable distribution of wealth and the benefits
of development.
(d) The State affirms the fundamental equality before the law of women and men and the
significant role of women in nation-building. Recognizing the contribution of overseas
migrant women workers and their particular vulnerabilities, the State shall apply gender
sensitive criteria in the formulation and implementation of policies and programs affecting
migrant workers and the composition of bodies tasked for the welfare of migrant workers.
(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any persons by reason of poverty. In this regard, it is imperative that an
effective mechanism be instituted to ensure that the rights and interest of distressed
overseas Filipinos, in general, and Filipino migrant workers, in particular, documented or
undocumented, are adequately protected and safeguarded.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the
democratic decision-making processes of the State and to be represented in institutions
relevant to overseas employment is recognized and guaranteed.
(g) The State recognizes that the ultimate protection to all migrant workers is the possession
of skills. Pursuant to this and as soon as practicable, the government shall deploy and/or
allow the deployment only to skilled Filipino workers.
(h) Non-governmental organizations, duly recognized as legitimate, are partners of the State
in the protection of Filipino migrant workers and in the promotion of their welfare, the State
shall cooperate with them in a spirit of trust and mutual respect.
(I) Government fees and other administrative costs of recruitment, introduction, placement
and assistance to migrant workers shall be rendered free without prejudice to the provision
of Section 36 hereof.
Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea-based
by local service contractors and manning agencies employing them shall be encouraged.
Appropriate incentives may be extended to them.
SEC. 3. DEFINITIONS. - For purposes of this Act:
(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been
engaged in a renumerated activity in a state of which he or she is not a legal resident to be
used interchangeably with overseas Filipino worker.
(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in
society between women and men and a commitment to address issues with concern for the
respective interests of the sexes.
(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals
abroad who are in distress as mentioned in Sections 24 and 26 of this Act.
I. DEPLOYMENT

SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino
workers only in countries where the rights of Filipino migrant workers are protected. The
government recognizes any of the following as guarantee on the part of the receiving
country for the protection and the rights of overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the
protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting
the rights of overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.
SEC. 5. TERMINATION OR BAN ON DEPLOYMENT - Notwithstanding the provisions of
Section 4 hereof, the government, in pursuit of the national interest or when public welfare
so requires, may, at any time, terminate or impose a ban on the deployment of migrant
workers.
II. ILLEGAL RECRUITMENT
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and
includes referring, contact services, promising or advertising for employment abroad,
whether for profit or not, when undertaken by a non-license or non-holder of authority
contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines. Provided, that such non-license or non-holder,
who, in any manner, offers or promises for a fee employment abroad to two or more persons
shall be deemed so engaged. It shall likewise include the following acts, whether committed
by any persons, whether a non-licensee, non-holder, licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the specified in the
schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make
a worker pay any amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to
recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in
order to offer him another unless the transfer is designed to liberate a worker from
oppressive terms and conditions of employment;
(e) To influence or attempt to influence any persons or entity not to employ any worker who
has not applied for employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or
morality or to dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment
or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittances
of foreign exchange earnings, separations from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and
verified by the Department of Labor and Employment from the time of actual signing thereof
by the parties up to and including the period of the expiration of the same without the
approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or
member of the Board of any corporation engaged in travel agency or to be engaged directly
on indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations other than those authorized under the Labor Code and
its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor
and Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection with his
documentation and processing for purposes of deployment, in cases where the deployment
does not actually take place without the worker's fault. Illegal recruitment when committed
by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3)
or more persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having control, management or
direction of their business shall be liable.
SEC. 7. PENALTIES (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of
not less than six (6) years and one (1) day but not more than twelve (12) years and a fine
not less than two hundred thousand pesos (P200,000.00) nor more than five hundred
thousand pesos (P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos
(P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined herein.
Provided, however, that the maximum penalty shall be imposed if the person illegally
recruited is less than eighteen (18) years of age or committed by a non-licensee or nonholder of authority.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for any
official or employee of the Department of Labor and Employment, the Philippine Overseas

Employment Administration, or the Overseas Workers Welfare Administration, or the

Department of Foreign Affairs, or other government agencies involved in the implementation
of this Act, or their relatives within the fourth civil degree of consanguinity or affinity, to
engage, directly or indirectly, in the business of recruiting migrant workers as defined in this
Act. The penalties shall be imposed upon them.
SEC. 9. VENUE. - A criminal action arising from illegal recruitment as defined herein shall
be filed with the Regional Trial Court of the province or city where the offense was
committed or where the offended party actually resides at the same time of the commission
of the offense: Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts. Provided, however, That the aforestated
provisions shall also apply to those criminal actions that have already been filed in court at
the time of the effectivity of this Act.
SEC. 10. MONEY CLAIMS. - Botwithstanding any provision of law to the contrary, the
Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the priginal and
exclusive jurisdiction to hear and decide, within ninety (90) calendar days after filing of the
complaint, the claims arising out of an employer-employee relationship or by virtue of any
law or contract involving Filipino workers for overseas deployment including claims for
actual, moral, exemplary and other forms of damages.
The liability of the principal/employer and the recruitment/placement agency for any and all
claims under this section shall be joint and several. This provisions shall be incorporated in
the contract for overseas employment and shall be a condition precedent for its approval.
The performance bond to be filed by the recruitment/placement agency, as provided by law,
shall be answerable for all money claims or damages that may be awarded to the workers. If
the recruitment/placement agency is a juridical being, the corporate officers and directors
and partners as the case may be, shall themselves be jointly and solidarily liable with the
corporation or partnership for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of the employment
contract and shall not be affected by any substitution, amendment or modification made
locally or in a foreign country of the said contract.
Any compromise/amicable settlement or voluntary agreement on money claims inclusive of
damages under this section shall be paid within four (4) months from the approval of the
settlement by the appropriate authority.
In case of termination of overseas employment without just, valid or authorized cause as
defined by law or contract, the workers shall be entitled to the full reimbursement of his
placement fee with interest of twelve percent (12%) per annum, plus his salaries for the
unexpired portion of his employment contract or for three (3) months for every year of the
unexpired term, whichever is less.
Non-compliance with the mandatory periods for resolutions of cases provided under this
section shall subject the responsible officials to any or all of the following penalties:
(a) The salary of any such official who fails to render his decision or resolutions within the
prescribed period shall be, or caused to be, withheld until the said official complies
therewith;
(b) Suspension for not more than ninety (90) days; or

(c) Dismissal from the service with disqualifications to hold any appointive public office for
five (5) years.
Provided, however, that the penalties herein provided shall be without prejudice to any
liability which any such official may have incurred under other existing laws or rules and
regulations as a consequence of violating the provisions of this paragraph.
SEC. 11. MANDATORY PERIODS FOR RESOLUTION OF ILLEGAL RECRUITMENT
CASES. - The preliminary investigations of cases under this Act shall be terminated within a
period of thirty (30) calendar days from the date of their filing. Where the preliminary
investigation is conducted by a prosecution officer and a prima facie case is established, the
corresponding information shall be filed in court within twenty-four (24) hours from the
termination of the investigation. If the preliminary investigation is conducted by a judge and
a prima facie case is found to exist, prosecution officer within forty-eight (48) hours from the
date of receipt of the records of the case.
SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under this Act shall
prescribe in five (5) years: Provided, however, That illegal recruitment cases involving
economic sabotage as defined herein shall prescribe in twenty (20) years.
SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL ENTITLEMENT UNDER THE
WITNESS PROTECTION PROGRAM. - A mechanism for free legal assistance for victims of
illegal recruitment shall be established within the Department of Labor and Employment
including its regional offices. Such mechanism must include coordination and cooperation
with the Department of Justice, the Integrated Bar of the Philippines, and other nongovernmental organizations and volunteer groups.
The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any person who is
a victim of illegal recruitment shall be entitled to the Witness Protection Program provided
thereunder.
III. SERVICES
SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give utmost priority
to the establishment of programs and services to prevent illegal recruitment, fraud, and
exploitation or abuse of Filipino migrant workers, all embassies and consular offices, through
the Philippine Overseas Employment Administration (POEA), shall issue travel advisories or
disseminate information on labor and employment conditions, migration realities and other
facts; and adherence of particular countries to international standards on human and
workers' rights which will adequately prepare individuals into making informed and
intelligent decisions about overseas employment. Such advisory or information shall be
published in a newspaper of general circulation at least three (3) times in every quarter.
SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND. - The
repatriation of the worker and the transport of his personal belongings shall be the primary
responsibility of the agency which recruited or deployed the worker overseas. All costs
attendant to repatriation shall be borne by or charged to the agency concerned and/or its
principal. Likewise, the repatriation of remains and transport of the personal belongings of a
deceased worker and all costs attendant thereto shall be borne by the principal and/or local
agency. However, in cases where the termination of employment is due solely to the fault of
the worker, the principal/employer or agency shall not in any manner be responsible for the
repatriation of the former and/or his belongings.

The Overseas Workers Welfare Administration (OWWA), in coordination ith appropriate

international agencies, shall undertake the repatriation of workers in cases of war, epidemic,
disasters or calamities, natural or man-made, and other similar events without prejudice to
reimbursement by the responsible principal or agency. However, in cases where the principal
or recruitment agency cannot be identified, all costs attendant to repatriation shall be borne
by the OWWA.
For this purposes, there is hereby created and established an emergency repatriation fund
under the administration control and supervision of the OWWA, initially to consist of one
hundred million pesos (P100,000,000.00), inclusive of outstanding balances.
SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. - Upon
discovery or being informed of the presence of migrant workers whose actual ages fall below
the minimum age requirement for overseas deployment, the responsible officers in the
foreign service shall without delay repatriate said workers and advise the Department of
Foreign Affairs through the fastest means of communication availavle of such discovery and
other relevant information.
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. - A
replacement and monitoring centere is hereby created in the Department of Labor and
Employment for returning Filipino migrant workers which shall provide a mechanism for their
reintegration into the Philippine society, serve as a promotion house for their local
employment, and tap their skills and potentials for national development.
The Department of Labor and Employment, the Overseas Workers Welfare Administration,
and the Philippine Overseas Employment Administration shall, within ninety (90) days from
the effectivity of this Act, formulate a program that would motivate migrant workers to plan
for productive options such as entry into highly technical jobs or undertakings, livelihood and
entrepreneurial development, better wage employment, and investment of savings.
For this purpose, the Technical Education and Skills Development Authority (TESDA), the
Technology Livelihood Resource Center (TLRC), and other government agencies involved in
training and livelihood development shall give priority to return who had been employed as
domestic helpers and entertainers.
SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. - The
center shall provide the following service:
(a) Develop livelihood programs and projects for returning Filipino migrant workers in
coordination with the private sector;
(b) Coordinate with appropriate private and government agencies the promotion,
development, re-placement and the full utilization of their potentials;
(c) Institute in cooperation with other government agencies concerned, a computer-based
information system on skilled Filipino migrant workers which shall be accessible to all local
recruitment agencies and employers, both public and private;
(d) Provide a periodic study and assessment of job opportunities for returning Filipino
migrant workers.
SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS
FILIPINOS RESOURCE CENTER. - Within the premises and under the administrative

jurisdiction of the Philippine Embassy in countries where there are large concentrations of
Filipino migrant workers, there shall be establish a Migrant Workers and Other Overseas
Filipinos Resource Center with the following services:
(a) Counseling and legal services;
(b) Welfare assistance including the procurement of medical and hospitalization services;
(c) Information, advisory and programs to promote social integration such as post-arrival
orientation, settlement and community networking services for social integration;
(d) Institute a scheme of registration of undocumented workers to bring them within the
purview of this Act. For this purpose, the Center is enjoined to compel existing
undocumented workers to register with it within six (6) months from the effectivity of this
Act, under pain of having his/her passport cancelled;
(e) Human resource development, such as training and skills upgrading;
(f) Gender sensitive programs and activities to assist particular needs of women migrant
workers;
(g) Orientation program for returning workers and other migrants; and
(h) Monitoring of daily situations, circumstances and activities affecting migrant workers and
other overseas Filipinos.
The establishment and operations of the Center shall be a joint undertaking of the various
government agencies. The Center shall be open for twenty-four (24) hours daily, including
Saturdays, Sundays and holidays, and shall be staffed by Foreign Service personnel, service
attaches or officers who represent other organizations from the host countries. In countries
categorized as highly problematic by the Department of Foreign Affairs and the Department
of Labor and Employment and where there is a concentration of Filipino migrant workers, the
government must provide a lawyer and a social worker for the Center. The Labor Attache
shall coordinate the operation of the Center and shall keep the Chief of Mission informed and
updated on all matters affecting it.
The Center shall have a counterpart 24-hour information and assistance center at the
Department of Foreign Affairs to ensure a continuous network and coordinative mechanism
at the home office.
SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION SYSTEM FOR
MIGRATION. - An inter-agency committee composed of the Department of Foreign Affairs
and its attached agency, the Commission on Filipino Overseas, the Department of Labor and
Employment, the Philippine Overseas Employment Administration, The Overseas Workers
Welfare Administration, The Department of Tourism, the Department of Justice, the Bureau of
Immigration, the National Bureau of Investigation, and the National Statistics Office shall be
established to implement a shared government information system for migration. The interagency committee shall initially make available to itself the information contained in existing
data bases/files. The second phase shall involve linkaging of computer facilities in order to
allow free-flow data exchanges and sharing among concerned agencies.

The inter-agency committee shall convene to identify existing data bases which shall be
declassified and shared among member agencies. These shared data bases shall initially
include, but not limited to, the following information:
(a) Masterlists of departing/arriving Filipinos;
(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino
nationals, including those serving prison terms;
(c) Masterlists of departing/arriving Filipinos;
(d) Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists;
(e) Blacklisted foreigners/undesirable aliens;
(f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal
codes in receiving countries particularly those with the large numbers of Filipinos;
(g) List of labor and other human rights instruments where receiving countries are
signatories;
(h) A tracking system of past and present gender disaggregated cases involving male and
female migrant workers; and
(I) Listing of overseas posts which may render assistance to overseas Filipinos, in general,
and migrant workers, in particular.
SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to further prevent
unscrupulous illegal recruiters from taking advantage of workers seeking employment
abroad, the OWWA, in coordination with government financial institutions, shall institute
financing schemes that will expand the grant of pre-departure loan and family assistance
loan. For this purpose, a Migrant Workers Loan Guarantee Fund is hereby created and the
revolving amount of one hundred million pesos (P100,000,000.00) from the OWWA is set
aside as a guarantee fund in favor of participating government financial institutions.
SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDER INTERNATIONAL AND
REGIONAL HUMAN RIGHTS SYSTEMS. - The Department of Foreign Affairs is mandated
to undertake the necessary initiative such as promotions, acceptance or adherence of
countries receiving Filipino workers to multilateral convention, declaration or resolutions
pertaining to the protection of migrant workers' rights. The Department of Foreign Affairs is
also mandated to make an assessment of rights and avenues of redress under international
and regional human rights systems that are available to Filipino migrant workers who are
victims of abuse and violation and, as far as practicable and through the Legal Assistant for
Migrant Workers Affairs created under this Act, pursue the same on behalf of the victim if it
is legally impossible to file individual complaints. If a complaints machinery is available
under international or regional systems, the Department of Foreign Affairs shall fully apprise
the Filipino migrant workers of the existence and effectiveness of such legal options.
IV. GOVERNMENT AGENCIES
SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government agencies shall
perform the following to promote the welfare and protect the rights of migrant workers and,
as far as applicable, all overseas Filipinos:

(a) Department of Foreign Affairs. - The Department, through its home office or foreign
posts, shall take priority action its home office or foreign posts, shall take priority action or
make representation with the foreign authority concerned to protect the rights of migrant
workers and other overseas Filipinos and extend immediate assistance including the
repatriation of distressed or beleaguered migrant workers and other overseas Filipinos;
(b) Department of Labor and Employment - The Department of Labor and Employment shall
see to it that labor and social welfare laws in the foreign countries are fairly applied to
migrant workers and whenever applicable, to other overseas Filipinos including the grant of
legal assistance and the referral to proper medical centers or hospitals:
(b.1) Philippine Overseas Employment Administration - Subject to deregulation and phase
out as provided under Sections 29 and 30 herein, the Administration shall regulate private
sector participation in the recruitment and overseas placement of workers by setting up a
licensing and registration system. It shall also formulate and implement, in coordination with
appropriate entities concerned, when necessary employment of Filipino workers taking into
consideration their welfare and the domestic manpower requirements.
(b.2) Overseas Workers Welfare Administration - The Welfare Officer or in his absence, the
coordinating officer shall provide the Filipino migrant worker and his family all the assistance
they may need in the enforcement of contractual obligations by agencies or entities and/or
by their principals. In the performance of this functions, he shall make representation and
may call on the agencies or entities concerned to conferences or conciliation meetings for
the purpose of settling the complaints or problems brought to his attention.
V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There is hereby
created the position of Legal Assistant for Migrant Workers Affairs under the Department of
Foreign Affairs who shall be primarily responsible for the provision and overall coordination
of all legal assistance services to be provided to Filipino migrant workers as well as overseas
Filipinos in distress. He shall have the rank, salary and privileges equal to that of an
undersecretary of said Department.
The said Legal Assistant for Migrant Workers Affairs shall be appointed by the President and
must be of proven competence in the field of law with at least ten (10) years of experience
as a legal practitioner and must not have been a candidate to an elective office in the last
local or national elections.
Among the functions and responsibilities of the aforesaid Legal Assistant are:
(a) To issue the guidelines, procedures and criteria for the provisions of legal assistance
services to Filipino migrant workers;
(b) To establish close linkages with the Department of Labor and Employment, the POEA, the
OWWA and other government agencies concerned, as well as with non-governmental
organizations assisting migrant workers, to ensure effective coordination and cooperation in
the provision of legal assistance to migrant workers;
(c) To tap the assistance of reputable law firms and the Integrated Bar of the Philippines and
other bar associations to complement the government's efforts to provide legal assistance to
migrant workers;

(d) To administer the legal assistance fund for migrant workers established under Section 25
hereof and to authorize disbursements there from in accordance with the purposes for which
the fund was set up; and
(e) To keep and maintain the information system as provided in Section 20.
The legal Assistant for Migrant Workers Affairs shall have authority to hire private lawyers,
domestic or foreign, in order to assist him in the effective discharge of the above functions.
SEC. 25. LEGAL ASSISTANCE FUND - There is hereby established a legal assistance fund
for migrant workers, herein after referred to as Legal Assistance fund, in the amount of One
hundred million pesos (P100,000,000.00) to be constituted from the following sources:
Fifty million pesos (P50,000,000.00) from the Contingency Fund of the President;
Thirty million pesos (P30,000,000.00) from the Presidential Social Fund; and
Twenty million pesos (P20,000,000.00) from the Welfare Fund for Overseas Workers
established under Letter of Instruction No. 537, as amended by Presidential Decree Nos.
1694 and 1809.
Any balances of existing fund which have been set aside by the government specifically as
legal assistance or defense fund to help migrant workers shall, upon effectivity of this Act,
to be turned over to, and form part of, the Fund created under this Act.
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. - The Legal Assistance Fund created
under the preceeding section shall be used exclusively to provide legal services to migrant
workers and overseas Filipinos in distress in accordance witht the guidelines, criteria and
procedures promulgated in accordance with Section 24 (a) hereof. The expenditures to be
charged against the Fund shall include the fees for the foreign lawyers to be hired by the
Legal Assistance for Migrant Workers Affairs to represent migrant workers facing charges
abroad, bail bonds to secure the temporary release of workers under detention, court fees
and charges and other litigation expenses.
VI. COUNTRY - TEAM APPROACH
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. - The
country team approach, as enunciated under Executive Order No. 74, series of 1993, shall
be the mode under which Philippine embassies or their personnel will operate in the
protection of the Filipino migrant workers as well as in the promotion of their welfare. The
protection of the Filipino migrant workers and the promotion of their welfare, in particular,
and the protection of the dignity and fundamental rights and freedons of the Filipino citizen
abroad, in general, shall be the highest priority concerns of the Secretary of Foreign Affairs
and the Philippine Foreign Service Posts.
SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team approach, all officers,
representatives and personnel of the Philippine government posted abroad regardless of
their mother agencies shall, on a per country basis, act as one country-team with a mission
under the leadership of the ambassador. In this regard, the ambassador may recommend to
the Secretary of the Department of Foreign Affairs the recall of officers, representatives and
personnel of the Philippine government posted abroad for acts inimical to the national
interest such as, but not limited to, failure to provide the necessary services to protect the
rights of overseas Filipinos.

Upon receipt of the recommendation of the ambassador, the Secretary of the Department of
Foreign Affairs shall, in the case of officers, representatives and personnel of other
departments, endorse such recommendation to the department secretary concerned for
appropriate action. Pending investigation by an appropriate body in the Philippines, the
person recommended for recall may be placed under preventive suspension by the
ambassador.
In host countries where there are Philippine consulates, such consulates shall also constitute
part of the country-team under the leadership of the ambassador.
In the implementation of the country-team approach, visiting Philippine delegations shall be
provided full support and information.
VII. DEREGULATION AND PHASE-OUT
SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT ACTIVITIES.
- Pursuant to a progressive policy of deregulation whereby the migration of workers
becomes strictly a matter between the worker and his foreign employer, the DOLE within
one (1) year from the effectivity of this Act, is hereby mandated to formulate a five-year
comprehensive deregulation plan on recruitment activities taking into account labor market
trends, economic conditions of the country and emergency circumstances which may affect
the welfare of migrant workers.
SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within a period of five
(5) years from the effectivity of this Act, the DOLE shall phase out the regulatory functions of
the POEA pursuant to the objectives of deregulation.
VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD
SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLED FILIPINOS
ABROAD. -Pursuant to the objective of encouraging professionals and other highly-skilled
Filipinos abroad especially in the field of science and technology to participate in, and
contribute to national development, the government shall provide proper and adequate
incentives and programs so as to secure their services in priority development areas of the
public and private sectors.
IX. MISCELLANEOUS PROVISIONS
SEC. 32. POEA AND OWWA BOARD; ADDITIONAL MEMBERSHIPS. - Notwithstanding
any provision of law to the contrary, the respective Boards of the POEA and the OWWA shall,
in addition to their present composition, have three (3) members each who shall come from
the women, sea-based and land-based sectors, respectively, to be appointed by the
President in the same manner as the other members.
SEC. 33. REPORT TO CONGRESS. - In order to inform the Philippine Congress on the
implementation of the policy enunciated in Section 4 hereof, the Department of Foreign
Affairs and the Department of Labor and Employment shall submit to the said body a semiannual report of Philippine foreign posts located in countries hosting Filipino migrant
workers. The report shall not be limited to the following information:
(a) Masterlist of Filipino migrant workers, and inventory of pending cases involving them and
other Filipino nationals including those serving prison terms;

(b) Working conditions of Filipino migrant workers;

(c) Problems encountered by the migrant workers, specifically violations of their rights;
(d) Initiative/actions taken by the Philippine foreign posts to address the problems of Filipino
migrant workers;
(e) Changes in the laws and policies of host countries; and
(f) Status of negotiations on bilateral labor agreements between the Philippines and the host
country.
Any officer of the government who fails to report as stated in the preceeding section shall be
subjected to administrative penalty.
SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(2), Article VI of the
Constitution and in line with the objective of empowering overseas Filipinos to participate in
the policy-making process to address Filipino migrant concerns, two (2) sectoral
representatives for migrant workers in the House of Representatives shall be appointed by
the President from the ranks of migrant workers: Provided, that at least one (1) of the two
(2) sectoral representatives shall come from the women migrant workers sector: Provided,
further, that all nominees must have at least two (2) years experience as a migrant worker.
SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE. - All laws to the country
notwithstanding, the migrant worker shall be exempt from the payment of travel tax and
airport fee upon proper showing of proof of entitlement by the POEA.
SEC. 36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION BOND. - Upon
approval of this Act, all fees being charged by any government office on migrant workers
shall remain at their present levels and the repatriation bond shall be established.
SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. - There is
hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit
deserving migrant workers and/or their immediate descendants below twenty-one (21) years
of age who intent to pursue courses or training primarily in the field of science and
technology. The initial seed fund of two hundred million pesos (P200,000,000.00) shall be
constituted from the following sources:
(a) Fifty million pesos (P50,000,000.00) from the unexpected Countrywide Development
Fund for 1995 in equal sharing by all members of Congress; and
(b) The remaining one hundred fifty million pesos (P150,000,000.00) shall be funded from
the proceeds of Lotto.
The Congressional Migrant Workers Scholarship Fund as herein created shall be administered
by the DOLE in coordination with the Department of Science and Technology (DOST). To
carry out the objectives of this section, the DOLE and the DOST shall formulate the
necessary rules and regulations.
SEC. 38. APPROPRIATION AND OTHER SOURCES OF FUNDING. - The amount
necessary to carry out the provisions of this Act shall be provided for in the General
Appropriations Act of the year following its enactment into law and thereafter.

SEC. 39. MIGRANT WORKERS DAY. - The day of signing by the President of this Act shall
be designated as the Migrant Workers Day and shall henceforth be commemorated as such
annually.
SEC. 40. IMPLEMENTING RULES AND REGULATIONS. - The departments and agencies
charged with carrying out the provisions of this Act shall, within ninety (90) days after the
effectivity of this Act, formulate the necessary rules and regulations for its effective
implementation.
SEC. 41. REPEATING CLAUSE. - All laws, decrees, executive orders, rules and regulations,
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SEC. 42. SEPARABILITY CLAUSE. - If, for any reason, any section or provision of this Act is
held unconstitutional or invalid, the other sections or provisions hereof shall not be affected
thereby.
SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation whichever comes earlier.
Presidential Decree No. 1866
Amended by RA 9516 "Section 3 and 4"

June 29, 1983

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"
WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due
to the proliferation of illegally possessed and manufactured firearms, ammunition and
explosives;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and
destruction of valuable resources of the country;
WHEREAS, there are various laws and presidential decrees which penalized illegal
possession and manufacture of firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential
decrees to harmonize their provisions;
WHEREAS, there are some provisions in said laws and presidential decrees which must be
updated and revised in order to more effectively deter violators of the law on firearms,
ammunition and explosives.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers in me vested by the Constitution, do hereby decree:1awphi1

Section 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 of
Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person who shall unlawfully manufacture, deal in,
acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or
instrument used or intended to be used in the manufacture of any firearm or ammunition.
If homicide or murder is committed with the use of an unlicensed firearm, the penalty of
death shall be imposed.
If the violation of this Section is in furtherance of, or incident to, or in connection with the
crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua 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.
The penalty of prision mayor shall be imposed upon any person who shall carry any licensed
firearm outside his residence without legal authority therefor.
Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession
of any machinery, tool or instrument used directly in the manufacture of firearms or
ammunition, by any person whose business or employment does not lawfully deal with the
manufacture of firearms or ammunition, shall be prima facie evidence that such article is
intended to be used in the unlawful/illegal manufacture of firearms or ammunition.
Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of
Explosives. - The penalty of reclusion temporal in its maximum period to reclusion perpetua
shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in,
acquire, dispose or possess handgrenade(s), rifle grenade(s) and other explosives, including
but not limited to "philbox bombs", "molotov cocktail bomb", "fire-bombs", or other
incendiary devices capable of producing destructive effect on contiguous objects or causing
injury or death to any person.1awphi1ITC
Any person who 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 shall be punished with the
penalty of death.
If the violation of this Section is in furtherance of, or incident to, or in connection with the
crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua 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 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or

instrument directly used in the manufacture of explosives, by any person whose business or
employment does not lawfully deal with the manufacture of explosives shall be prima facie
evidence that such article is intended to be used in the unlawful/illegal manufacture of
explosives.
Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be
imposed upon any person who shall unlawfully tamper, change, deface or erase the serial
number of any firearm.
Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. The penalty of prision mayor shall be imposed upon any person who shall unlawfully repack,
alter or modify the composition of any lawfully manufactured explosives.
Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside
of Residence. - The penalty of prision correccional shall be imposed upon any person, civilian
or military, who shall issue authority to carry firearm and/or ammunition outside of
residence, without authority therefor.
Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall
promulgate the rules and regulations for the effective implementation of this Decree.
Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No.
9, Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and
regulations which are inconsistent with this Decree are hereby repealed, amended or
modified accordingly.
Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following the
completion of its publication in the Official Gazette.
Republic Act No. 9516
December 22
Amending Section 3 and 4 of PD 1866
AN ACT FURTHER 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 OTHER
RELEVANT PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Section 3 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
"Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or
Possession of an Explosive or Incendiary Device. - The penalty of reclusion
perpetua shall be imposed upon any person who shall willfully and unlawfully

manufacture, assemble, deal in, acquire, dispose, import or possess any explosive or
incendiary device, with knowledge of its existence and its explosive or incendiary
character, where the explosive or incendiary device is capable of producing
destructive effect on contiguous objects or causing injury or death to any person,
including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb',
'molotov cocktail bomb', 'fire bomb', and other similar explosive and incendiary
devices.
"Provided, That mere possession of any explosive or incendiary device shall be prima
facie evidence that the person had knowledge of the existence and the explosive or
incendiary character of the device.
"Provided, however, That a temporary, incidental, casual, harmless, or transient
possession or control of any explosive or incendiary device, without the knowledge of
its existence or its explosive or incendiary character, shall not be a violation of this
Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient
possession or control of any explosive or incendiary device for the sole purpose of
surrendering it to the proper authorities shall not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2)
immediately preceeding paragraphs, the court may determine the absence of the
intent to possess, otherwise referred to as'animus possidendi", in accordance with
the facts and circumstances of each case and the application of other pertinent laws,
among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Section 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
"SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or
Possession of a Part, Ingredient, Machinery, Tool or Instrument Used or Intended to
be Used for the Manufacture, Construction, Assembly, Delivery or Detonation. - The
penalty of reclusion perpetua shall be imposed upon any person who shall willfully
and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess
any part, ingredient, machinery, tool or instrument of any explosive or incendiary
device, whether chemical, mechanical, electronic, electrical or otherwise, used or
intended to be used by that person for its manufacture, construction, assembly,
delivery or detonation, where the explosive or incendiary device is capable or is
intended to be made capable of producing destructive effect on contiguous objects or
causing injury or death to any person.
"Provided, That the mere possession of any part, ingredient, machinery, tool or
instrument directly used in the manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device, by any person whose business
activity, or employment does not lawfully deal with the possession of such article
shall be prima facie evidence that such article is intended to be used by that person
in the unlawful/illegal manufacture, construction, assembly, delivery or detonation of
an explosive or incendiary device.

"Provided, however, That a temporary incidental, casual, harmless or transient

possession or control of any part, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of any explosive or
incendiary device, without the knowledge of its existence or character as part,
ingredient, machinery, tool or instrument directly used in the manufacture,
construction, assembly, delivery or detonation of any explosive or incendiary device,
shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient
possession or control of any part, ingredient, machinery, tool or instrument directly
used in the manufacture, construction, assembly, delivery or detonation of any
explosive or incendiary device for the sole purpose of surrendering it to the proper
authorities shall not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2)
immediately preceeding paragraphs, the court may determine the absence of the
intent to possess, otherwise referred to as 'animus possidendi', in accordance with
the facts and circumstances of each case and the application of other pertinent laws,
among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Section 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in
Presidential Decree No. 1866 to read as follows:
"SEC. 3-B. Penalty for the Owner, President, Manager, Director or Other Responsible
Officer of Any Public or Private Firm, Company, Corporation or Entity. - The penalty
of reclusion perpetua 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 explosive or incendiary device or
parts thereof owned or controlled 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.
"SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree and the
Penalty Therefor. - When a violation of Section 3, 3-A or 3-B of this Decree is a
necessary means for committing any of the crimes defined in the Revised Penal Code
or special laws, or is in furtherance of, incident to, in connection with, by reason of, or
on occassion of any of the crimes defined in the Revised Penal Code or special laws,
the penalty of reclusion perpetua and a fine ranging from One hundred Thousand
pesos (P100,000.00) to One million pesos (P1,000,000.00) shall be imposed.
"SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy. - Subject to the
provisions of the Rules of Court on double jeopardy, if the application thereof is more
favorable to the accused, the conviction or acquittal of the accused or the dismissal
of the case for violation of this Decree shall be a bar to another prosecution of the
same accused for any offense where the violation of this Decree was a necessary
means for committing the offense or in furtherance of which, incident to which, in
connection with which, by reason of which, or on occasion of which, the violation of
this Decree was committed, and vice versa.

"SEC. 4. Responsibility and liability of Law Enforcement Agencies and Other

Government Officials and Employees in Testifying as Prosecution Witnesses. - Any
member of law enforcement agencies or any other government official and employee
who, after due notice, fails or refuses, intentionally or negligently, to appear as a
witness for the prosecution of the defense in any proceeding, involving violations of
this Decree, without any valid reason, shall be punished with reclusion temporal and
a fine of Five hundred Thousand pesos (P500,000.00) in addition to the administrative
liability he/she may be meted out by his/her immediate superior and/or appropriate
body.
"The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized with
prision correccional and a fine of not less than Ten Thousand pesos (P10,000.00) but
not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the
court.
"The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or reassigned to any
other government office located in another territorial jurisdiction during the pendency
of the case in court. However, the concerned member of the law enforcement agency
or government employee may be transferred or reassigned for compelling
reasons: Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or reassign, within twenty-four (24) hours
from its approval: Provided, further, That his/her immediate superior shall be
penalized with prision correccional and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office, should he/she fail to notify the
court of such order to transfer or reassign.
"Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.
"SEC 4-A. Criminal Liability for Planting of Evidence. - Any person who is found guilty
of 'planting' any explosive or incendiary device or any part, ingredient, machinery,
tool or instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, shall suffer the penalty of reclusion
perpetua.
"Planting of evidence shall mean the willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching, directly or indirectly, through
any overt or covert act, whatever quantity of any explosive or incendiary device or
any part, ingredient, machinery, tool or instrument of any explosive or incendiary
device, whether chemical, mechanical, electronic, electrical or otherwise in the
person, house, effects or in the immediate vicinity of an innocent individual for the
purpose of implicating incriminating or imputing the commission of any violation of
this Decree.
"SEC. 4-B. Continuous Trial. - In cases involving violations of this Decree, the judge
shall set the case for continuous trial on a daily basis from Monday to Friday or other

short-term trial calendar so as to ensure speedy trial. Such case shall be terminated
within ninety (90) days from arraignment of the accused.
"SEC. 4-C. Authority to Import, Sell or Possess Chemicals or Accessories for
Explosives. - Only persons or entities issued a manufacturer's license, dealer's license
or purchaser's license by the Philippine National Police (PNP)-Firearms and Explosives
Division may import any of the chemical or accessories that can be used in the
manufacture of explosives or explosive ingredients from foreign suppliers, or possess
or sell them to licensed dealers or end users, as the case may be.
"SEC. 4-D. Types of Chemicals/Accessories Covered. - The chemicals and accessories
mentioned in the preceding Section shall exclusively refer to chlorates, nitrates, nitric
acid and such other chemicals and accessories that can be used for the manufacture
of explosives and explosive ingredients.
"SEC. 4-E. Record of Transactions. - Any person or entity who intends to import, sell
or possess the aforecited chemicals or accessories shall file an application with the
chief of the PNP, stating therein the purpose for which the license and/or permit is
sought and such other information as may be required by the said official. The
concerned person or entity shall maintain a permanent record of all transactions
entered into in relation with the aforecited chemicals or accessories, which
documents shall be open to inspection by the appropriate authorities.
"SEC. 4-F. Cancellation of License. - Failure to comply with the provision of Section 4C, 4-D and 4-E shall be sufficient cause for the cancellation of the license and the
confiscation of all such chemicals or accessories, whether or not lawfully imported,
purchased or possessed by the subject person or entity."
Sec. 4. Separability Clause. - If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other Sections or provisions thereof which are not affected
thereby shall continue to be in full force and effect.
Sec. 5. 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.
Sec. 6. Effecfivity. - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS

Section 1. Short Title. This Act shall be known as the "Comprehensive Firearms and
Ammunition Regulation Act".
Section 2. Declaration of State Policy. It is the policy of the State to maintain peace and
order and protect the people against violence. The State also recognizes the right of its
qualified citizens to self-defense through, when it is the reasonable means to repel the
unlawful aggression under the circumstances, the use of firearms. Towards this end, the
State shall provide for a comprehensive law regulating the ownership, possession, carrying,
manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order
to provide legal support to law enforcement agencies in their campaign against crime, stop
the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or
weapons, ammunition and parts thereof.
Section 3. Definition of Terms. As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase the
operational efficiency or accuracy of a firearm but will not constitute any of the major
or minor internal parts thereof such as, hut not limited to, laser scope, telescopic
sight and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least
seventy-five (75) years prior to the current date but not including replicas; (2) firearm
which is certified by the National Museum of the Philippines to be curio or relic of
museum interest; and (3) any other firearm which derives a substantial part of its
monetary value from the fact that it is novel, rare, bizarre or because of its
association with some historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery,
movement or transfer of firearms, their parts and components and ammunition, from
or across the territory of one country to that of another country which has not been
authorized in accordance with domestic law in either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the Philippine
National Police (PNP) authorizing the importation of firearms, or their parts,
ammunition and other components.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or
business entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to
engage in the business of buying and selling ammunition, firearms or parte thereof,
at wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP to engage in the business of importing
ammunition and firearms, or parts thereof into the territory of the Republic of the
Philippines for purposes of sale or distribution under the provisions of this Act.

(h) Authorized manufacturer refers to any person, legal entity, corporation, or

partnership duly licensed by the FEO of the PNP to engage in the business of
manufacturing firearms, and ammunition or parts thereof for purposes of sale or
distribution.1wphi1
(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP,
National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA),
and all other law enforcement agencies by reason of their mandate and must be
necessarily reported or turned over to the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing
its main purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or employer
wherein the details of the disposition of firearm is spelled-out, thus indicating the
name of the employee, the firearm information, the specific duration and location of
posting or assignment and the authorized bonded firearm custodian for the juridical
entity to whom such firearm is turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light
weapon, that expels or is designed to expel a bullet, shot, slug, missile or any
projectile, which is discharged by means of expansive force of gases from burning
gunpowder or other form of combustion or any similar instrument or implement. For
purposes of this Act, the barrel, frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the compilation of all
data and information on firearms ownership and disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court
order as accessory penalty or for the disposition by the FEO of the PNP of firearms
considered as abandoned, surrendered, confiscated or revoked in compliance with
existing rules and regulations.
(o) Gun club refers to an organization duly registered with and accredited in good
standing by the FEO of the PNP which is established for the purpose of propagating
responsible and safe gun ownership, proper appreciation and use of firearms by its
members, for the purpose of sports and shooting competition, self-defense and
collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business
duly licensed by the FEO of the PNP to engage in the business of repairing firearms
and other weapons or constructing or assembling firearms and weapons from
finished or manufactured parts thereof on a per order basis and not in commercial
quantities or of making minor parts for the purpose of repairing or assembling said
firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an existing firearm as to
lead a reasonable person to believe that such imitation firearm is a real firearm.

(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth
in this Act and duly issued with a license to possess or to carry firearms outside of the
residence in accordance with this Act.
(s) Licensed, juridical entity refers to corporations, organizations, businesses
including security agencies and local government units (LGUs) which are licensed to
own and possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles
and carbines, submachine guns, assault rifles and light machine guns not exceeding
caliber 7.62MM which have fully automatic mode; and Class-B Light weapons which
refer to weapons designed for use by two (2) or more persons serving as a crew, or
rifles and machine guns exceeding caliber 7.62MM such as heavy machine guns,
handheld underbarrel and mounted grenade launchers, portable anti-aircraft guns,
portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and
rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a
caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to government agencies or
offices or government-owned or -controlled corporations for firearms to be used by
their officials and employees who are qualified to possess firearms as provider in this
Act, excluding security guards.
(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm,
firearm which has been lost or stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than the licensee and those with
revoked licenses in accordance with the rules and regulations.
(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver,
cylinder or the bolt assembly. The term also includes any part or kit designed and
intended for use in converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm other than the major
parts which are necessary to effect and complete the action of expelling a projectile
by way of combustion, except those classified as accessories.
(y) Permit to carry firearm outside of residence refers to a written authority issued to
a licensed citizen by the Chief of the PNP which entitles such person to carry his/her
registered or lawfully issued firearm outside of the residence for the duration and
purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen
or entity by the Chief of the PNP or by a PNP Regional Director which entitles such
person or entity to transport a particular firearm from and to a specific location within
the duration and purpose in the authority.
(aa) Residence refers to the place or places of abode of the licensed citizen as
indicated in his/her license.

(bb) Shooting range refers to a facility established for the purpose of firearms training
and skills development, firearm testing, as well as for sports and competition
shooting either for the exclusive use of its members or open to the general public,
duly registered with and accredited in good standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the
PNP for a government official or employee who was issued by his/her employer
department, agency or government-owned or -controlled corporation a firearm
covered by the long certificate of registration.
(dd) Small arms refer to firearms intended to be or primarily designed for individual
use or that which is generally considered to mean a weapon intended to be fired from
the hand or shoulder, which are not capable of fully automatic bursts of discharge,
such as:
(1) Handgun which is a firearm intended to be fired from the hand, which
includes:
(i) A pistol which is a hand-operated firearm having a chamber integral
with or permanently aligned with the bore which may be self-loading;
and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder
that can discharge a bullet through a rifled barrel by different actions of
loading, which may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number
of ball shots or a single projectile through a smooth bore by the action or
energy from burning gunpowder.
(ee) Sports shooting competition refers to a defensive, precision or practical sport
shooting competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial
number or other identification or ballistics characteristics have been intentionally
tampered with, obliterated or altered without authority or in order to conceal its
source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging
device which amplifies available thermal signatures so that the viewed scene
becomes clear to the operator which is used to locate and engage targets during
daylight and from low light to total darkness and operates in adverse conditions such
as light rain, light snow, and dry smoke or in conjunction with other optical and red
dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS

Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and
Possess Firearms. In order to qualify and acquire a license to own and possess a firearm or
firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21)
years old and has gainful work, occupation or business or has filed an Income Tax Return
(ITR) for the preceding year as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP
or a registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm
which shall state the personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police
office; and
(g) The applicant has not been convicted or is currently an accused in a pending
criminal case before any court of law for a crime that is punishable with a penalty of
more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the
courts of law shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit
his/her duty detail order to the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. A juridical person
maintaining its own security force may be issued a regular license to own and possess
firearms and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and

(d) It has paid all its income taxes for the year, as duly certified by the Bureau of
Internal Revenue.
The application shall be made in the name of the juridical person represented by its
President or any of its officers mentioned below as duly authorized in a board resolution to
that effect: Provided, That the officer applying for the juridical entity, shall possess all the
qualifications required of a citizen applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president,
treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall
be subject to additional requirements as may be required by the Chief of the PNP.
Section 6. Ownership of Firearms by the National Government. All firearms owned by the
National Government shall be registered with the FEO of the PNP in the name of the Republic
of the Philippines. Such registration shall be exempt from all duties and taxes that may
otherwise be levied on other authorized owners of firearms. For reason of national security,
firearms of the Armed Forces of the Philippines (AFP), Coast Guard and other law
enforcement agencies shall only be reported to the FEO of the PNP.
Section 7. Carrying of Firearms Outside of Residence or Place of Business. A permit to
carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is under actual threat or his/her
life is in imminent danger due to the nature of his/her profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under actual threat by
submitting a threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent danger
due to the nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to
high risk of being targets of criminal elements.

ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. The Chief of the PNP, through the FEO of the PNP,
shall issue licenses to qualified individuals and to cause the registration of firearms.
Section 9. Licenses Issued to Individuals. Subject to the requirements set forth in this Act
and payment of required fees to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the following categories;
Type 1 license allows a citizen to own and possess a maximum of two (2) registered
firearms;
Type 2 license allows a citizen to own and possess a maximum of five (5) registered
firearms;
Type 3 license allows a citizen to own and possess a maximum of ten (10)
registered firearms;
Type 4 license allows a citizen to own and possess a maximum of fifteen (15)
registered firearms; and
Type 5 license allows a citizen, who is a certified gun collector, to own and possess
more than fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security
measures for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.
Section 10. Firearms That May Be Registered. Only small arms may be registered by
licensed citizens or licensed juridical entities for ownership, possession and concealed carry.
A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and
other law enforcement agencies authorized by the President in the performance of their
duties: Provided, That private individuals who already have licenses to possess Class-A light
weapons upon the effectivity of this Act shall not be deprived of the privilege to continue
possessing the same and renewing the licenses therefor, for the sole reason that these
firearms are Class "A" light weapons, and shall be required to comply with other applicable
provisions of this Act.
Section 11. Registration of Firearms. The licensed citizen or licensed juridical entity shall
register his/her/its firearms so purchased with the FEO of the PNP in accordance with the
type of license such licensed citizen or licensed juridical entity possesses. A certificate of
registration of the firearm shall be issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval, record-keeping and
monitoring of firearms with the FEO of the PNP in accordance with the type of license issued
to any person under Section 9 of this Act.

Section 12. License to Possess Ammunition Necessarily Included. The licenses granted to
qualified citizens or juridical entities as provided in Section 9 of this Act shall include the
license to possess ammunition with a maximum of fifty (50) rounds for each registered
firearm: Provided; That the FEO of the PNP may allow more ammunition to be possessed by
licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. Any
person desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof,
or instruments and implements used or intended to be used in the manufacture of firearms,
parts of firearms or ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government (DILG) in
the case of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by such applicant; and the
types of firms, ammunition or implements which the applicant intends to manufacture or
purchase and sell under the license applied for; and such additional information as may be
especially requested by the Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the Secretary of the
DILG or the Chief of the PNP shall indicate the amount of the bond to be executed by the
applicant before the issuance of the license and the period of time by which said license
shall be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary
of the DILG or the Chief of the PNP as the case may be, the same shall be transmitted to the
FEO of the PNP which shall issue the license in accordance with the approved terms and
conditions, upon the execution and delivery by the applicant of the required bond
conditioned upon the faithful compliance on the part of the licensee to the laws and
regulations relative to the business licensed.
Section 14. Scope of License to Manufacture Firearms and Ammunition. The scope of the
License to Manufacture firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare parts
and accessories, ammunition components, and reloading of ammunitions, within
sites, areas, and factories stated therein. The Secretary of the DILG shall approve
such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture,
such as parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories
necessary for the firearms which the manufacturer is licensed to

manufacture: Provided, That the subcontractor of major parts or major components is

also licensed to manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition components
to be imported shall, however, be limited to those authorized to be manufactured as
reflected in the approved License to Manufacture. The Import Permit shall be under
the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to import various reference firearms
needed to test the ammunition manufactured under the License to Manufacture. A licensed
manufacturer of firearms, on the other hand, is entitled to import various firearms for
reference, test and evaluation for manufacture of similar, types of firearms covered by the
License to Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished
products of firearms and ammunition. The Export Permit of firearms and ammunition shall be
under the administration of the PNP.
Section 15. Registration of Locally Manufactured and Imported Firearms. Local
manufacturers and importers of firearms and major parts thereof shall register the same as
follows:
(a) For locally manufactured firearms and major parts thereof, the initial registration
shall be done at the manufacturing facility: Provided, That firearms intended for
export shall no longer be subjected to ballistic identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be done upon
arrival at the FEO of the PNP storage facility.
Section 16. License and Scope of License to Deal. The License to Deal authorizes the
purchase, sale and general business in handling firearms and ammunition, major and minor
parts of firearms, accessories, spare parts, components, and reloading machines, which shall
be issued by the Chief of the PNP.
Section 17. License and Scope of License for Gunsmiths. The license for gunsmiths shall
allow the grantee to repair registered firearms. The license shall include customization of
firearms from finished or manufactured parts thereof on per order basis and not in
commercial quantities and making the minor parts thereof, i.e. pins, triggers, trigger bows,
sights and the like only for the purpose of repairing the registered firearm. The license for
gunsmiths shall be issued by the Chief of the PNP.
Section 18. Firearms for Use in Sports and Competitions. A qualified individual shall apply
for a permit to transport his/her registered firearm/s from his/her residence to the firing
range/s and competition sites as may be warranted.
Section 19. Renewal of Licenses and Registration. All types of licenses to possess a
firearm shall be renewed every two (2) years. Failure to renew the license on or before the
date of its expiration shall cause the revocation of the license and of the registration of the
firearm/s under said licensee.

The registration of the firearm shall be renewed every four (4) years. Failure to renew the
registration of the firearm on or before the date of expiration shall cause the revocation of
the license of the firearm. The said firearm shall be confiscated or forfeited in favor of the
government after due process.
The failure to renew a license or registration within the periods stated above on two (2)
occasions shall cause the holder of the firearm to be perpetually disqualified from applying
for any firearm license. The application for the renewal of the license or registration may be
submitted to the FEO of the PNP, within six (6) months before the date of the expiration of
such license or registration.
Section 20. Inspection and Inventory. The Chief of the PNP or his/her authorized
representative shall require the submission of reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or importer of firearms and ammunition during
reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND ANTIQUE
FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition. Firearms and
ammunition may only be acquired or purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only from a licensed citizen or licensed
juridical entity to another licensed citizen or licensed juridical entity:Provided, That, during
election periods, the sale and registration of firearms and ammunition and the issuance of
the corresponding licenses to citizens shall be allowed on the condition that the transport or
delivery thereof shall strictly comply with the issuances, resolutions, rules and regulations
promulgated by the Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving From Abroad. A person arriving in the
Philippines who is legally in possession of any firearm or ammunition in his/her country of
origin and who has declared the existence of the firearm upon embarkation and
disembarkation but whose firearm is not registered in the Philippines in accordance with this
Act shall deposit the same upon written receipt with the Collector of Customs for delivery to
the FEO of the PNP for safekeeping, or for the issuance of a permit to transport if the person
is a competitor in a sports shooting competition. If the importation of the same is allowed
and the party in question desires to obtain a domestic firearm license, the same should be
undertaken in accordance with the provisions of this Act. If no license is desired or leave to
import is not granted, the firearm or ammunition in question shall remain in the custody of
the FEO of the PNP until otherwise disposed of in-accordance with law.
Section 23. Return of Firearms to Owner upon Departure from the Philippines. Upon the
departure from the Philippines of any person whose firearm or ammunition is in the custody
of the FEO of the PNP, the same shall, upon timely request, be delivered to the person
through the Collector of Customs. In the case of a participant in a local sports shooting
competition, the firearm must be presented to the Collector of Customs before the same is
allowed to be loaded on board the carrier on which the person is to board.

Section 24. Safekeeping of Firearms and Ammunition. Any licensee may deposit a
registered firearm to the FEO of the PNP, or any Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.
Section 25. Abandoned Firearms and Ammunition. Any firearm or ammunition deposited
in the custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed
to have been abandoned by the owner or his/her authorized representative if he/she failed
to reclaim the same within five (5) years or failed to advise the FEO of the PNP of the
disposition to be made thereof. Thereafter, the FEO of the PNP may dispose of the same
after compliance with established procedures.
Section 26. Death or Disability of Licensee. Upon the death or legal disability of the
holder of a firearm license, it shall be the duty of his/her next of kin, nearest relative, legal
representative, or other person who shall knowingly come into possession of such firearm or
ammunition, to deliver the same to the FEO of the PNP or Police Regional Office, and such
firearm or ammunition shall be retained by the police custodian pending the issuance of a
license and its registration in accordance, with this Act. The failure to deliver the firearm or
ammunition within six (6) months after the death or legal disability of the licensee shall
render the possessor liable for illegal possession of the firearm.
Section 27. Antique Firearm. Any person who possesses an antique firearm shall register
the same and secure a collectors license from the FEO of the PNP. Proper storage of antique
firearm shall be strictly imposed. Noncompliance of this provision shall be considered as
illegal possession of the firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. The unlawful
acquisition, possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three
(3) or more small arms or Class-A light weapons are unlawfully acquired or possessed
by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in
this section shall be imposed upon any person who shall unlawfully possess any
firearm under any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit
the target such as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a small arm or Class-A
light weapon. If the violation of this paragraph is committed by the same person
charged with the unlawful acquisition or possession of a small arm, the former
violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-A light
weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-A light
weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-A light weapon, the former
violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-B light
weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-B light
weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-B light weapon, the former
violation shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a Crime. The use of a loose
firearm, when inherent in the commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an aggravating
circumstance: Provided, That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is lower than that prescribed in the
preceding section for illegal possession of firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty for the crime charged: Provided, further, That
if the crime committed with the use of a loose firearm is penalized by the law with a
maximum penalty which is equal to that imposed under the preceding section for illegal
possession of firearms, the penalty of prision mayor in its minimum period shall be imposed
in addition to the penalty for the crime punishable under the Revised Penal Code or other
special laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime
of rebellion of insurrection, or attempted coup d etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or attempted coup d etat.
If the crime is committed by the person without using the loose firearm, the violation of this
Act shall be considered as a distinct and separate offense.
Section 30. Liability of Juridical Person. The penalty of prision mayor in its minimum
to prision mayor in its medium period shall be imposed upon the owner, president, manager,
director or other responsible officer of/any public or private firm, company, corporation or
entity who shall willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of violating
the provisions of the preceding section, or willfully or knowingly allow any of them to use
unregistered firearm or firearms without any legal authority to be carried outside of their
residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of Residence. The penalty of prision
correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any
person who is licensed to own a firearm but who shall carry the registered firearm outside
his/her residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or
Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in
the Manufacture of Firearms, Ammunition or Parts Thereof. The penalty of reclusion
temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully
engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a
major part of a firearm or ammunition, or machinery, tool or instrument used or intended to
be used by the same person in the manufacture of a firearm, ammunition, or a major part
thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by any person whose business, employment or
activity does not lawfully deal with the possession of such article, shall be prima
facie evidence that such article is intended to be used in the unlawful or illegal manufacture
of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium period
shall be imposed upon any laborer, worker or employee of a licensed firearms dealer who
shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the
company manufactures and sells, and other materials used by the company in the
manufacture or sale of firearms or ammunition. The buyer or possessor of such stolen part
or material, who is aware that such part or material was stolen, shall suffer the same penalty
as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership, association or other
juridical entity, the penalty provided for in this section shall be imposed upon the directors,
officers, employees or other officials or persons therein who knowingly and willingly
participated in the unlawful act.

Section 33. Arms Smuggling. The penalty of reclusion perpetua shall be imposed upon
any person who shall engage or participate in arms smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of Firearms Identification. The penalty
of prision correccionalto prision mayor in its minimum period shall be imposed upon any
person who shall tamper, obliterate or alter without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including the name of the maker, model, or serial
number of any firearm, or who shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual or peculiar identifying
characteristics essential in forensic examination of a firearm or light weapon.
The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the PNP
Crime Laboratory for future use and identification of a particular firearm.
Section 35. Use of an Imitation Firearm. An imitation firearm used in the commission of a
crime shall be considered a real firearm as defined in this Act and the person who committed
the crime shall be punished in accordance with this Act: Provided, That injuries caused on
the occasion of the conduct of competitions, sports, games, or any recreation activities
involving imitation firearms shall not be punishable under this Act.
Section 36. In Custodia Legis. During the pendency of any case filed in violation of this
Act, seized firearm, ammunition, or parts thereof, machinery, tools or instruments shall
remain in the custody of the court. If the court decides that it has no adequate means to
safely keep the same, the court shall issue an order to turn over to the PNP Crime
Laboratory such firearm, ammunition, or parts thereof, machinery, tools or instruments in its
custody during the pendency of the case and to produce the same to the court when so
ordered. No bond shall be admitted for the release of the firearm, ammunition or parts
thereof, machinery, tool or instrument. Any violation of this paragraph shall be punishable
by prision mayor in its minimum period to prision mayor in its medium period.
Section 37. Confiscation and Forfeiture. The imposition of penalty for any violation of this
Act shall carry with it the accessory penalty of confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or instrument in favor of the government
which shall be disposed of in accordance with law.
Section 38. Liability for Planting Evidence. The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or covert act, any firearm, or
ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or incriminating the person, or imputing
the commission of any violation of the provisions of this Act to said individual. If the person
found guilty under this paragraph is a public officer or employee, such person shall suffer
the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. The
Chief of the PNP or his/her authorized representative may revoke, cancel or suspend a
license or permit on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major

parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence
or workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise
known as the "Comprehensive Dangerous Drugs Act of 2002;
(h) Submission of falsified documents or misrepresentation in the application to
obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who fails to
report to the FEO of the PNP that the subject firearm has been lost or stolen within a period
of thirty (30) days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person
holding a valid firearm license who changes residence or office address other than that
indicated in the license card and fails within a period of thirty (30) days from said transfer to
notify the FEO of the PNP of such change of address.
Section 41. Illegal Transfer/Registration of Firearms. It shall be unlawful to transfer
possession of any firearm to any person who has not yet obtained or secured the necessary
license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who shall violate the
provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a
license to possess other firearms and all his/her existing firearms licenses whether for
purposes of commerce or possession, shall be revoked. If government-issued firearms,
ammunition or major parts of firearms or light weapons are unlawfully disposed, sold or
transferred by any law enforcement agent or public officer to private individuals, the penalty
of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the registration of a firearm
through fraud, deceit, misrepresentation or submission of falsified documents shall suffer
the penalty of prision correccional.

ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. The FEO of the PNP shall be the sole repository of all
firearms records to include imported and locally manufactured firearms and ammunition.
Within one (1) year upon approval of this Act, all military and law enforcement agencies,
government agencies, LGUs and government-owned or -controlled corporations shall submit
an inventory of all their firearms and ammunition to the PNP.
Section 43. Final Amnesty. Persons in possession of unregistered firearms and holders of
expired license or unregistered firearms shall register and renew the same through the Final
General Amnesty within six (6) months from the promulgation of the implementing rules and
regulations of this Act. During the interim period of six (6) months, no person applying for
license shall be charged of any delinquent payment accruing to the firearm subject for
registration. The PNP shall conduct an intensive nationwide campaign to ensure that the
general public is properly informed of the provisions of this Act.
Section 44. Implementing Rules and Regulations. Within one hundred twenty (120) days
from the effectivity of this Act, the Chief of the PNP, after public hearings and consultation
with concerned sectors of society shall formulate the necessary rules and regulations for the
effective implementation of this Act to be published in at least two (2) national newspapers
of general circulation.
Section 45. Repealing Clause. This Act repeals Sections 1, 2, 5 and 7 of Presidential
Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294 and all other laws,
executive orders, letters of instruction, issuances, circulars, administrative orders, rules or
regulations that are inconsistent herewith.
Section 46. Separability Clause. If any provision of this Act or any part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.
Section 47. Effectivity. This Act shall take effect after fifteen (15) days from its publication
in a newspaper of nationwide circulation.
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. This Act shall be known as the "Cybercrime Prevention Act of 2012.

Section 2. Declaration of Policy. The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nations overall social and economic
development. The State also recognizes the importance of providing an environment
conducive to the development, acceleration, and rational application and exploitation of
information and communications technology (ICT) to attain free, easy, and intelligible access
to exchange and/or delivery of information; and the need to protect and safeguard the
integrity of computer, computer and communications systems, networks, and databases,
and the confidentiality, integrity, and availability of information and data stored therein,
from all forms of misuse, abuse, and illegal access by making punishable under the law such
conduct or conducts. In this light, the State shall adopt sufficient powers to effectively
prevent and combat such offenses by facilitating their detection, investigation, and
prosecution at both the domestic and international levels, and by providing arrangements
for fast and reliable international cooperation.
Section 3. Definition of Terms. For purposes of this Act, the following terms are hereby
defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving
data from, or otherwise making use of any resources of a computer system or
communication network.
(b) Alteration refers to the modification or change, in form or substance, of an
existing computer data or program.
(c) Communication refers to the transmission of information through ICT media,
including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data
processing or communications device, or grouping of such devices, capable of
performing logical, arithmetic, routing, or storage functions and which includes any
storage facility or equipment or communications facility or equipment directly related
to or operating in conjunction with such device. It covers any type of computer
device including devices with data processing capabilities like mobile phones, smart
phones, computer networks and other devices connected to the internet.
(e) Computer data refers to any representation of facts, information, or concepts in a
form suitable for processing in a computer system including a program suitable to
cause a computer system to perform a function and includes electronic documents
and/or electronic data messages whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to
achieve intended results.
(g) Computer system refers to any device or group of interconnected or related
devices, one or more of which, pursuant to a program, performs automated
processing of data. It covers any type of device with data processing capabilities
including, but not limited to, computers and mobile phones. The device consisting of
hardware and software may include input, output and storage components which

may stand alone or be connected in a network or other similar devices. It also

includes computer data storage devices or media.
(h) Without right refers to either: (i) conduct undertaken without or in excess of
authority; or (ii) conduct not covered by established legal defenses, excuses, court
orders, justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which
online communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks, whether
physical or virtual, and/or the computer programs, computer data and/or traffic data
so vital to this country that the incapacity or destruction of or interference with such
system and assets would have a debilitating impact on security, national or economic
security, national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management
approaches, actions, training, best practices, assurance and technologies that can be
used to protect the cyber environment and organization and users assets.
(l) Database refers to a representation of information, knowledge, facts, concepts, or
instructions which are being prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are intended for use in a
computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the
content of communications, including procuring of the content of data, either directly,
through access and use of a computer system or indirectly, through the use of
electronic eavesdropping or tapping devices, at the same time that the
communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability
to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
(o) Subscribers information refers to any information contained in the form of
computer data or any other form that is held by a service provider, relating to
subscribers of its services other than traffic or content data and by which identity can
be established:
(1) The type of communication service used, the technical provisions taken
thereto and the period of service;
(2) The subscribers identity, postal or geographic address, telephone and
other access numbers, any assigned network address, billing and payment

information, available on the basis of the service agreement or arrangement;

and
(3) Any other available information on the site of the installation of
communication equipment, available on the basis of the service agreement or
arrangement.
(p) Traffic data or non-content data refers to any computer data other than the
content of the communication including, but not limited to, the communications
origin, destination, route, time, date, size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. The following acts constitute the offense of cybercrime
punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data
and systems:
(1) Illegal Access. The access to the whole or any part of a computer system
without right.
(2) Illegal Interception. The interception made by technical means without
right of any non-public transmission of computer data to, from, or within a
computer system including electromagnetic emissions from a computer
system carrying such computer data.
(3) Data Interference. The intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic document, or electronic
data message, without right, including the introduction or transmission of
viruses.
(4) System Interference. The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or
transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
(aa) A device, including a computer program, designed or
adapted primarily for the purpose of committing any of the
offenses under this Act; or

(bb) A computer password, access code, or similar data by

which the whole or any part of a computer system is capable of
being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb)
above with intent to use said devices for the purpose of committing
any of the offenses under this section.
(6) Cyber-squatting. The acquisition of a domain name over the internet in
bad faith to profit, mislead, destroy reputation, and deprive others from
registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark
registered with the appropriate government agency at the time of the
domain name registration:
(ii) Identical or in any way similar with the name of a person other than
the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery.
(i) The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or
acted upon for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. The unauthorized input, alteration, or deletion
of computer data or program or interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
(3) Computer-related Identity Theft. The intentional acquisition, use, misuse,
transfer, possession, alteration or deletion of identifying information belonging
to another, whether natural or juridical, without right: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
(c) Content-related Offenses:

(1) Cybersex. The willful engagement, maintenance, control, or operation,

directly or indirectly, of any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor or consideration.
(2) Child Pornography. The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of
2009, committed through a computer system: Provided, That the penalty to
be imposed shall be (1) one degree higher than that provided for in Republic
Act No. 9775.1wphi1
(3) Unsolicited Commercial Communications. The transmission of
commercial electronic communication with the use of computer system which
seek to advertise, sell, or offer for sale products and services are prohibited
unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a
simple, valid, and reliable way for the recipient to reject. receipt
of further commercial electronic messages (opt-out) from the
same source;
(bb) The commercial electronic communication does not
purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not
purposely include misleading information in any part of the
message in order to induce the recipients to read the message.
(4) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of
the Revised Penal Code, as amended, committed through a computer system
or any other similar means which may be devised in the future.
Section 5. Other Offenses. The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. Any person who willfully
abets or aids in the commission of any of the offenses enumerated in this Act shall be
held liable.
(b) Attempt in the Commission of Cybercrime. Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and communications

technologies shall be covered by the relevant provisions of this Act: Provided, That the
penalty to be imposed shall be one (1) degree higher than that provided for by the Revised
Penal Code, as amended, and special laws, as the case may be.
Section 7. Liability under Other Laws. A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as
amended, or special laws.
CHAPTER III
PENALTIES
Section 8. Penalties. Any person found guilty of any of the punishable acts enumerated
in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or
a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount
commensurate to the damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with
imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos
(PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty
of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up
to maximum amount commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this
Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred
thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or
both.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this
Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the
"Anti-Child Pornography Act of 2009: Provided,That the penalty to be imposed shall be one
(1) degree higher than that provided for in Republic Act No. 9775, if committed through a
computer system.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be
punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos
(PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or
both.
Any person found guilty of any of the punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty for the
offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding
Five hundred thousand pesos (PhP500,000.00) or both.
Section 9. Corporate Liability. When any of the punishable acts herein defined are
knowingly committed on behalf of or for the benefit of a juridical person, by a natural person
acting either individually or as part of an organ of the juridical person, who has a leading
position within, based on: (a) a power of representation of the juridical person provided the
act committed falls within the scope of such authority; (b) an authority to take decisions on

behalf of the juridical person: Provided, That the act committed falls within the scope of such
authority; or (c) an authority to exercise control within the juridical person, the juridical
person shall be held liable for a fine equivalent to at least double the fines imposable in
Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made possible due to the
lack of supervision or control by a natural person referred to and described in the preceding
paragraph, for the benefit of that juridical person by a natural person acting under its
authority, the juridical person shall be held liable for a fine equivalent to at least double the
fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal liability
of the natural person who has committed the offense.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities. The National Bureau of Investigation (NBI) and
the Philippine National Police (PNP) shall be responsible for the efficient and effective law
enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime
unit or center manned by special investigators to exclusively handle cases involving
violations of this Act.
Section 11. Duties of Law Enforcement Authorities. To ensure that the technical nature of
cybercrime and its prevention is given focus and considering the procedures involved for
international cooperation, law enforcement authorities specifically the computer or
technology crime divisions or units responsible for the investigation of cybercrimes are
required to submit timely and regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required to the Department of
Justice (DOJ) for review and monitoring.
Section 12. Real-Time Collection of Traffic Data. Law enforcement authorities, with due
cause, shall be authorized to collect or record by technical or electronic means traffic data in
real-time associated with specified communications transmitted by means of a computer
system.
Traffic data refer only to the communications origin, destination, route, time, date, size,
duration, or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the
collection or recording of the above-stated information.
The court warrant required under this section shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the witnesses
he may produce and the showing: (1) that there are reasonable grounds to believe that any
of the crimes enumerated hereinabove has been committed, or is being committed, or is
about to be committed: (2) that there are reasonable grounds to believe that evidence that
will be obtained is essential to the conviction of any person for, or to the solution of, or to

the prevention of, any such crimes; and (3) that there are no other means readily available
for obtaining such evidence.
Section 13. Preservation of Computer Data. The integrity of traffic data and subscriber
information relating to communication services provided by a service provider shall be
preserved for a minimum period of six (6) months from the date of the transaction. Content
data shall be similarly preserved for six (6) months from the date of receipt of the order from
law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6)
months: Provided, That once computer data preserved, transmitted or stored by a service
provider is used as evidence in a case, the mere furnishing to such service provider of the
transmittal document to the Office of the Prosecutor shall be deemed a notification to
preserve the computer data until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order
and its compliance.
Section 14. Disclosure of Computer Data. Law enforcement authorities, upon securing a
court warrant, shall issue an order requiring any person or service provider to disclose or
submit subscribers information, traffic data or relevant data in his/its possession or control
within seventy-two (72) hours from receipt of the order in relation to a valid complaint
officially docketed and assigned for investigation and the disclosure is necessary and
relevant for the purpose of investigation.
Section 15. Search, Seizure and Examination of Computer Data. Where a search and
seizure warrant is properly issued, the law enforcement authorities shall likewise have the
following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in this
Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage
medium; and
(e) To render inaccessible or remove those computer data in the accessed computer
or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge
about the functioning of the computer system and the measures to protect and preserve the
computer data therein to provide, as is reasonable, the necessary information, to enable the
undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the
examination of the computer data storage medium and to make a return thereon but in no
case for a period longer than thirty (30) days from date of approval by the court.
Section 16. Custody of Computer Data. All computer data, including content and traffic
data, examined under a proper warrant shall, within forty-eight (48) hours after the
expiration of the period fixed therein, be deposited with the court in a sealed package, and
shall be accompanied by an affidavit of the law enforcement authority executing it stating
the dates and times covered by the examination, and the law enforcement authority who
may access the deposit, among other relevant data. The law enforcement authority shall
also certify that no duplicates or copies of the whole or any part thereof have been made, or
if made, that all such duplicates or copies are included in the package deposited with the
court. The package so deposited shall not be opened, or the recordings replayed, or used in
evidence, or then contents revealed, except upon order of the court, which shall not be
granted except upon motion, with due notice and opportunity to be heard to the person or
persons whose conversation or communications have been recorded.
Section 17. Destruction of Computer Data. Upon expiration of the periods as provided in
Sections 13 and 15, service providers and law enforcement authorities, as the case may be,
shall immediately and completely destroy the computer data subject of a preservation and
examination.
Section 18. Exclusionary Rule. Any evidence procured without a valid warrant or beyond
the authority of the same shall be inadmissible for any proceeding before any court or
tribunal.
Section 19. Restricting or Blocking Access to Computer Data. When a computer data is
prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order
to restrict or block access to such computer data.
Section 20. Noncompliance. Failure to comply with the provisions of Chapter IV hereof
specifically the orders from law enforcement authorities shall be punished as a violation of
Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum
period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement authorities.
CHAPTER V
JURISDICTION
Section 21. Jurisdiction. The Regional Trial Court shall have jurisdiction over any violation
of the provisions of this Act. including any violation committed by a Filipino national
regardless of the place of commission. Jurisdiction shall lie if any of the elements was
committed within the Philippines or committed with the use of any computer system wholly
or partly situated in the country, or when by such commission any damage is caused to a
natural or juridical person who, at the time the offense was committed, was in the
Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to
handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION
Section 22. General Principles Relating to International Cooperation. All relevant
international instruments on international cooperation in criminal matters, arrangements
agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest
extent possible for the purposes of investigations or proceedings concerning criminal
offenses related to computer systems and data, or for the collection of evidence in electronic
form of a criminal, offense shall be given full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). There is hereby created an Office of Cybercrime
within the DOJ designated as the central authority in all matters related to international
mutual assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating Center. There is hereby created,
within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as
the Cybercrime Investigation and Coordinating Center (CICC), under the administrative
supervision of the Office of the President, for policy coordination among concerned agencies
and for the formulation and enforcement of the national cybersecurity plan.
Section 25. Composition. The CICC shall be headed by the Executive Director of the
Information and Communications Technology Office under the Department of Science and
Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the
Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the
private sector and academe, as members. The CICC shall be manned by a secretariat of
selected existing personnel and representatives from the different participating
agencies.1wphi1
Section 26. Powers and Functions. The CICC shall have the following powers and
functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for
the suppression of real-time commission of cybercrime offenses through a computer
emergency response team (CERT);
(b) To coordinate the preparation of appropriate and effective measures to prevent
and suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;
(d) To facilitate international cooperation on intelligence, investigations, training and
capacity building related to cybercrime prevention, suppression and prosecution;
(e) To coordinate the support and participation of the business sector, local
government units and nongovernment organizations in cybercrime prevention
programs and other related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and

policies;
(g) To call upon any government agency to render assistance in the accomplishment
of the CICCs mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and suppression,
including capacity building and such other functions and duties as may be necessary
for the proper implementation of this Act.
CHAPTER VIII
FINAL PROVISIONS
Section 27. Appropriations. The amount of Fifty million pesos (PhP50,000,000_00) shall
be appropriated annually for the implementation of this Act.
Section 28. Implementing Rules and Regulations. The ICTO-DOST, the DOJ and the
Department of the Interior and Local Government (DILG) shall jointly formulate the
necessary rules and regulations within ninety (90) days from approval of this Act, for its
effective implementation.
Section 29. Separability Clause If any provision of this Act is held invalid, the other
provisions not affected shall remain in full force and effect.
Section 30. Repealing Clause. All laws, decrees or rules inconsistent with this Act are
hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the
"Electronic Commerce Act" is hereby modified accordingly.
Section 31. Effectivity. This Act shall take effect fifteen (15) days after the completion of
its publication in the Official Gazette or in at least two (2) newspapers of general circulation.