COMMONWEALTH ACT NO.
616 with, or intended for the fortification or defense of any place, or any other information relating to the public
AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL SECURITY
SECTION 1. Unlawfully obtaining or permitting to be obtained information affecting national defense. — (a)
Whoever, for the purposes of obtaining information respecting the national defense with intent or reason to
believe that the information to be obtained is to be used to the injury of the Philippines or of the United States,
or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information
concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, coaling station, fort,
battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless,
or signal station, building, office, or other place connected with the national defense, owned or constructed, or
in progress of construction by the Philippines or by the United States or under the control of the Philippines or
of the United States, or any of its officers or agents, or within the exclusive jurisdiction of the Philippines or of
the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments
for the use in time of war are being made, prepared, repaired, or stored, under any contract or agreement with
the Philippines or the United States, or with any person on behalf of the Philippines or the United States, or
otherwise on behalf of the Philippines or the United States, or any prohibited place within the meaning of
section six hereof; or
(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or
obtains, or attempts, or induces or aids another to copy, take, make, or obtain, any sketch, photograph,
photographic negative, blue print, plan, map, model, instrument, appliance, document, writing, or note of
anything connected with the national defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts or induces or aids another to
receive or obtain from any person, or from any source whatever, any document, writing, code book, signal
book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note
of anything connected with the national defense, knowing or having reason to believe, at the time he receives
or obtains, or agrees or attempts or induces or aids another to receive or obtain it, that it has been or will be
obtained, taken, made, or disposed of by any person contrary to the provisions of this Act; or
(d) Whoever, lawfully or unlawfully having possession of, access to, control over, or being intrusted with any
document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map,
model, instrument, appliance, or note relating to the national defense, wilfully communicates or transmits or
attempts to communicate or transmit the same to any person not entitled to receive it, or wilfully retains the
same and fails to deliver it on demand to the officer or employee of the Philippines or of the United States
entitled to receive it; or
(e) Whoever, being intrusted with or having lawful possession or control of any document, writing, code book,
signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note or information,
relating to the national defense, through gross negligence permits the same to be removed from its proper
place of custody or delivered to anyone in violation of this trust or to be lost, stolen, abstracted, or destroyed,
shall be punished by imprisonment for not more than ten years and may, in addition thereto, be fined not more
than ten thousand pesos.
SECTION 2. Unlawful disclosing information affecting national defense. — (a) Whoever, with the intent or
reason to believe that it is to be used to the injury of the Philippines or of the United States or to the advantage
of a foreign nation, communicates, delivers, or transmits, or attempts to, or aids or induces another to,
communicate, deliver, or transmit to any foreign government, or any faction or party or military or naval force
within a foreign country, whether recognized or unrecognized by the Philippines or by the United States, or to
any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any
document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map,
model, instrument, appliance, or information relating to the national defense, shall be punished by
imprisonment for not more than twenty years, if the offense is committed in time of peace, or by death or
imprisonment for not more than thirty years, if it is in time of war.
(b) Whoever, in time of war with intent that the same shall be communicated to the enemy, shall collect, record,
publish, or communicate, or attempt to elicit any information with respect to the movement, number,
description, condition, or disposition of any of the armed forces, ships, aircraft, or war materials of the
Philippines or of the United States, or with respect to the plans or conduct, or supposed plans or conduct of
any military, naval, or air operations, or with respect to any works or measures undertaken for or connected
defense which might be useful to the enemy, shall be punished by death or by imprisonment for not more than
thirty years.
SECTION 3. Disloyal acts or works in time of peace. — It shall be unlawful for any person, with intent to
interfere with, impair, or influence the loyalty, morale, or discipline of the military, naval, or air forces of the
Philippines or of the United States: (a) to advise, counsel, urge, or in any manner cause insubordination,
disloyalty, mutiny, or refusal of duty by any member of the military, naval, or air forces of the Philippines or of
the United States; or (b) to distribute any written or printed matter which advises, counsels, or urges
insubordination, disloyalty, mutiny, or refusal of duty by any member of the military, naval, or air forces of the
Philippines or of the United States. The violation of this section shall be punished by imprisonment for not
more than ten years, or by fine not more than ten thousand pesos, or both.
SECTION 4. Disloyal acts or words in time of war. — Whoever, when the Philippines or the United States is at
war, shall wilfully make or convey false reports or false statements with the intent to interfere with the
operation or success of the military, naval, or air forces of the Philippines or of the United States or to promote
the success of its enemies shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, or
refusal of duty, in the military, naval, or air forces of the Philippines or the United States, or shall wilfully
obstruct the recruiting or enlistment service of the Philippines or of the United States, to the injury of the
service of the Philippines or of the United States, shall be punished by imprisonment for not more than twenty
years, or by a fine of not more than twenty thousand pesos, or both.
SECTION 5. Conspiracy to violate preceding sections. — If two or more persons conspire to violate the
provisions of sections one, two, three, or four of this Act, and one or more of such persons does any act to
effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in said sections
provided in the case of the doing of the act the accomplishment of which is the object of such conspiracy.
SECTION 6. Harboring or concealing violators of the law. — Whoever harbors or conceals any person who he
knows, or has reasonable ground to believe or suspect, has committed, or is about to commit, an offense
under this Act, shall be punished by imprisonment of not more than ten years and may, in addition thereto, be
fined not more than ten thousand pesos.
SECTION 7. Designation of prohibited places by proclamation. — The President of the Philippines in time of
war or in case of national emergency may by proclamation designate any place other than those set forth in
subsection (a) of section one hereof in which anything for the use of the army, navy, or air forces are being
prepared or constructed or stored as a prohibited place for the purpose of this Act: Provided, That he shall
determine that information with respect thereto would be prejudicial to the national defense.
SECTION 8. Photographing, etc., defensive installations regulated; penalties. — Whenever, in the interests of
national defense, the President of the Philippines shall define certain vital military, naval, or air installations or
equipment as requiring protection against the general dissemination of information relative thereto, it shall be
unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital
military, naval, and air installations or equipment without first obtaining permission of the commanding officer
of the military, naval, or air post, camp, or station concerned, or higher authority, and promptly submitting the
product obtained to such commanding officer or higher authority for censorship or such other action as he may
deem necessary. Any person found guilty of a violation of this section shall be punished by imprisonment for
not more than one year, or by a fine of not more than two thousand pesos, or both.
SECTION 9. Photographing, etc., from aircraft. — Any person who uses or permits or procures the use of an
aircraft for the purpose of making a photograph, sketch, picture, drawing, map, or graphical representation of
vital military, naval or air installations or equipment, in violation of section eight of this Act, shall be liable to the
penalty therein provided.
SECTION 10. Reproducing, publishing, selling, etc., uncensored copies. — After the President of the
Philippines shall have defined any vital military, naval, or air installation or equipment as being within the
category contemplated under section eight of this Act, it shall be unlawful for any person to reproduce, publish,
sell, or give away any photograph, sketch, picture, drawing, map or graphical representation of the vital
military, naval, or air installations or equipment so defined, without first obtaining permission of the
commanding officer of the military, naval, or air post, camp, or station concerned, or higher authority, unless
such photograph, sketch, picture, drawing, map, or graphical representation has clearly indicated thereon that
it has been censored by the proper military, naval, or air authority. Any person found guilty of a violation of this associate nation, and all electric light and power, steam or pneumatic power, telephone, and telegraph plants,
section shall be punished as provided in section eight of this Act. poles, wires, and fixtures and wireless stations, and the buildings connected with the maintenance and
operation thereof used to supply water, light, heat, gas, oil, gasoline, fluid, power, or facilities of
communication to any war or national defense premises or to the military, naval, or air forces of the Philippines
SECTION 11. Destroying or injuring or attempting to injure or destroy war material in time of war. — When the or of the United States, or any associate nation.
Philippines or the United States is at war, whoever, with intent to injure, interfere with, or obstruct the
Philippines or the United States or any associate nation in preparing for or carrying on the war, or whoever,
with reason to believe that his act may injure, interfere with, or obstruct the Philippines or the United States or The words “associate nation,” as used in this chapter, shall be deemed to mean any nation at war with any
any associate nation in preparing for or carrying on the war, shall wilfully injure or destroy, or shall attempt to nation with which the Philippines or the United States is at war.
so injure or destroy, any war material, war premises, or war utilities, as herein defined, shall be imprisoned not
more than thirty years or be fined not more than thirty thousand pesos, or both.
The words “foreign government,” as used in this Act, shall be deemed to include any government, faction, or
body of insurgents within a country with which the Philippines or United States is at peace, which government,
SECTION 12. Making or causing war material to be made in defective manner. — When the Philippines or the faction, or body of insurgents may or may not have been recognized by the Philippines or the United States as
United States is at war, whoever, with intent to injure, interfere with, or obstruct the Philippines or the United a government.
States or any associate nation in preparing for or carrying on the war, or whoever, with reason to believe that
his act may injure, interfere with, or obstruct the Philippines or the United States or any associate nation in
preparing for or carrying on the war, shall wilfully make or cause to be made in a defective manner, or attempt SECTION 16. This Act shall take effect upon its approval.
to make or cause to be made in a defective manner, any war material, as herein defined, or any tool,
implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or
Approved: June 4, 1941
repairing any such war material, as herein defined, shall be imprisoned not more than thirty years or be fined
not more than thirty thousand pesos, or both.
PRESIDENTIAL DECREE No. 532 August 8, 1974
SECTION 13. Injuring or destroying national defense material, premises, or utilities. — Whoever, with intent to
injure, interfere with, or obstruct the national defense of the Philippines or the United States shall wilfully injure ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
or destroy, or shall attempt to so injure or destroy, any national defense material, national defense premises,
or national defense utilities, as herein provided, shall be imprisoned not more than ten years or be fined not
more than ten thousand pesos, or both. WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing acts of
depredations upon the persons and properties of innocent and defenseless inhabitants who travel from one
place to another, thereby distributing the peace, order and tranquility of the nation and stunting the economic
SECTION 14. Making or causing to be made in a defective manner, or attempting to make or cause to be and social progress of the people;
made in a defective manner, national defense material. — Whoever, with intent to injure, interfere with, or
obstruct the national defense of the Philippines or of the United States, shall wilfully make or cause to be
made in a defective manner, or attempt to make or cause to be made in a defective manner, any national WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which are
defense material, as herein defined, or any tool, implement, machine, utensil, or receptacle used or employed among the highest forms of lawlessness condemned by the penal statutes of all countries; and,
in making, producing, manufacturing, or repairing any such national defense material, as herein defined, shall
be imprisoned not more than ten years, or fined not more than ten thousand pesos, or both.
WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts of
depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all obstacles to
SECTION 15. Definition of terms. — The term “aircraft” as used in this Act means any contrivance known or the economic, social, educational and community progress of the people;
hereafter invented, used, or designed for navigation or flight in the air. The expression “post, camp, or station”
as used in this Act shall be interpreted to include naval vessels, military and naval aircraft, and any separate
military, naval or air command. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested
in me by the Constitution and pursuant to proclamation No. 1081, dated September 21, 1972 and No. 1104,
dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order and decree as
The words “war or national defense material” as used herein shall include arms, armament, ammunition, part of the law of the land the following:
livestock, stores of clothing, food, foodstuffs, or fuel; and shall also include supplies, munitions, and all other
articles of whatever description, and any part or ingredient thereof, intended for, adapted to, or suitable for the
use of the Philippines or the United States, or any associate nation, in connection with the conduct of war or Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974.
national defense.
Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:
The words “war or national defense premises,” as used herein, shall include all buildings, grounds, mines, or
other places wherein such war or national defense material is being produced, manufactured, repaired, stored,
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays
mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances
around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of
therein contained; and all ports, arsenals, navy yards, prisons, camps, or other military, naval, or air stations of
its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic
the Philippines or the United States or any associate nation.
or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas
over which the Philippines has sovereignty or jurisdiction.
The words “war or national defense utilities,” as used herein, shall include all railroads, railways, electric lines,
roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building,
b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to
structure, engine, machine, mechanical contrivance, car, vehicle, boat, or aircraft, or any other means of
another through Philippine Waters. It shall include all kinds and types of vessels or boats used in
transportation whatsoever, whereon or whereby such war or national defense material or any troops of the fishing.
Philippines or of the United States, or of any associate nation, are being or may be transported either within
the limits of the Philippines or the United States or upon the high seas; and all dams, reservoirs, aqueducts,
water and gas mains, oil or gasoline stations, pipes, structures, and buildings, whereby or in connection with c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other
which water, or gas, or oil, or gasoline, or other fluid is being furnished, or may be furnished, to any war or parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or
national defense premises or to the military, naval, or air forces of the Philippines or the United States, or any
 locomotives or trains for the movement or circulation of persons or transportation of goods, articles,
or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof
or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective
of the value thereof, by means of violence against or intimidation of persons or force upon things,
committed by any person, including a passenger or member of the complement of said vessel, in
Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and
punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or
intimidation of person or force upon things of other unlawful means, committed by any person on
any Philippine Highway.
Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined, shall,
upon conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed.
If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty
of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on
the occasion of piracy, or when the offenders abandoned the victims without means of saving
themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the
mandatory penalty of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are committed during or on the occasion of the
commission of robbery or brigandage, the penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide,
or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed.
Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any
person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving
them information about the movement of police or other peace officers of the government, or acquires or
receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any
person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be
considered as an accomplice of the principal offenders and be punished in accordance with the Rules
prescribed by the Revised Penal Code.
It shall be presumed that any person who does any of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised Penal Code;
and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent with this
Decree are hereby repealed or modified accordingly.
Section 6. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-four.
PD 6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the
moment all its external doors are closed following embarkation until any of such doors is opened for
disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory
or to seize or usurp the control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment
of not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand
pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but
not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of
the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the
aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or poisonous
substance or material.
Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding section
in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations
issued by the Civil Aeronautics Administration.
Section 5. As used in this Act
(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which
by chemical reaction liberates heat and gas at high speed and causes tremendous pressure
resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting
caps, black powders, bursters, percussions, cartridges and other explosive materials, except
bullets for firearm.
(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.
(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical
reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline
battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium
dinitro-orthocresolate and other similar materials and substances.
(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or
gaseous, which through chemical reactions kills, injuries or impairs a living organism or person,
and shall include but not limited to allyl isothiocyanate, ammunition (chemical, non-explosive but
containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and
other similar substances or materials.
Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five years
but not more than ten years or by a fine of not less than ten thousand pesos but not more than twenty
thousand pesos: Provided, That if the violation is committed by a juridical person, the penalty shall be imposed
upon the manager, representative, director, agent or employee who violated, or caused, directed, cooperated
or participated in the violation thereof: Provided, further, That in case the violation is committed in the interest
of a foreign corporation legally doing business in the Philippines, the penalty shall be imposed upon its
resident agent, manager, representative or director responsible for such violation and in addition thereto, the
license of said corporation to do business in the Philippines shall be revoked.
Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty provided in
the next preceding paragraph.
Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections
three and four hereof, the person responsible therefor may be held liable in accordance with the applicable
provisions of the Revised Penal Code.
Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire are
authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper,
or his authorized representatives if present; in order to help the authorities in the enforcement of the provisions
of this Act: Provided, That if the owner, shipper or his representative refuses to have the same opened and
inspected, the airline or air carrier is authorized to refuse the loading thereof.
Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among
others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to
search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be
allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air
carrier.
Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after the
approval of this Act such regulations as are provided in Section four hereof and cause the publication of such
rules and regulations in the Official Gazette and in a newspaper of national circulation for at least once a week
for three consecutive weeks. Such regulations shall take effect fifteen days after publication in the Official
Gazette.
Section 11. This Act shall take effect after the publication mentioned in the preceding section.
Approved: June 19, 1971
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and
guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.–
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such person cannot
afford the services of his own counsel, he must be provided with a competent and independent
counsel by the investigating officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained does
not know how to read and write, it shall be read and adequately explained to him by his counsel or
by the assisting counsel provided by the investigating officer in the language or dialect known to
such arrested or detained person, otherwise, such investigation report shall be null and void and of
no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in the
latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the Commission on Human Rights of
by any international non-governmental organization duly accredited by the Office of the President.
The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who
is investigated in connection with an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case,
those charged with conducting preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with
light felonies;lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with
less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with
a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal or City
Treasurer must certify that no funds are available to pay the fees of assisting counsel before the
province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only
be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal
Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who
fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to
have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand
pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10)
years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating
officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
family of a person arrested, detained or under custodial investigation, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, or from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer
the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine
of four thousand pesos (P4,000.00).lawphi1©
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and
prevent his escape.
Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.
Section 3. For purposes of this Act, the term:
Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in any daily newspapers of general circulation in the Philippines.
Approved: April 27, 1992.lawphi1Ÿ
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION, DESIGNATING
SPECIAL COURTS, AND FOR RELATED PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
Section 1. Short Title. - This Act shall be known as the "Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity".
Section 2. Declaration of Principles and State Policies. -
(a) The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to a policy of
peace, equality, justice, freedom, cooperation and amity with all nations.
(b) The state values the dignity of every human person and guarantees full respect for human
rights, including the rights of indigenous cultural communities and other vulnerable groups, such as
women and children;
(c) It shall be the responsibility of the State and all other sectors concerned to resolved armed
conflict in order to promote the goal of "Children as Zones of Peace";
(d) The state adopts the generally accepted principles of international law, including the Hague
Conventions of 1907, the Geneva Conventions on the protection of victims of war and international
humanitarian law, as part of the law our nation;
(e) The most serious crimes of concern to the international community as a whole must not go
unpunished and their effective prosecution must be ensured by taking measures at the national
level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to
the prevention of such crimes, it being the duty of every State to exercise its criminal jurisdiction
over those responsible for international crimes;
(f) The State shall guarantee persons suspected or accused of having committed grave crimes
under international law all rights necessary to ensure that their trial will be fair and prompt in strict
accordance with national and international law and standards for fair trial, It shall also protect
victims, witnesses and their families, and provide appropriate redress to victims and their families,
It shall ensure that the legal systems in place provide accessible and gender-sensitive avenues of
redress for victims of armed conflict, and
(g)The State recognizes that the application of the provisions of this Act shall not affect the legal
status of the parties to a conflict, nor give an implied recognition of the status of belligerency
CHAPTER II
DEFINITION OF TERMS
(a) "Apartheid' means inhumane acts committed in the context of an institutionalized regime of
systematic oppression and domination by one racial group or groups and committed with the
intention of maintaining that regime
(b) "Arbitrary deportation or forcible transfer of population" means forced displacement of the
persons concerned by expultion by expulsion or other coercive acts from the area in which they
are lawfully present, without grounds permitted under domestic or international law.
(c) "Armed conflict" means any use of force or armed violence between States or a protracted
armed violence between governmental authorities and organized armed groups or between such
groups within that State: Provided, That such force or armed violence gives rise, or may give rise,
to a situation to which the Geneva Conventions of 12 August 1949, including their common Article
3, apply. Armed conflict may be international, that is, between two (2) or more States, including
belligerent occupation; or non-international, that is, between governmental authorities and
organized armed groups or between such groups within a state. It does not cover internal
disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a
similar nature.
(d) "Armed forces" means all organized armed forces, groups and units that belong to a party to an
armed conflict which are under a command responsible to that party for the conduct of its
subordinates. Such armed forces shall be subject to an internal disciplinary system which enforces
compliance with International Humanitarian Law
(e) "Attack directed against any civilian population" means a course of conduct involving the
multiple commission of acts referred to in Section 6 of this Act against any civilian population,
pursuant to or in furtherance of a State or organizational policy to commit such attack.
(f) "Effective command and control" or " effective authority and control" means having the material
ability to prevent and punish the commission of offenses by subordinates.
(g) "Enforced or involuntary disappearance of persons" means the arrest, detention, or abduction
of persons by, or with the authorization support or acquiescence of, a State or a political
organization followed by a refusal to acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons, with the intention of removing from the
protection of the law for a prolonged period of time
(h) "Enslavement" means the exercise of any or all of the powers attaching to the right of
ownership over a person and includes the exercise of such power in the course of trafficking in
persons, in particular women and children.
(i) "Extermination" means the international infliction of conditions of life, inter alia, the deprivation of
access to food and medicine, calculated to bring about the destruction of a part of a population.
(j) " Forced pregnancy" means the unlawful confinement of a women to be forcibly made pregnant,
with the intent of affecting the ethnic composition of any population carrying out other grave
violations of international law.
(k) "Hors de Combat" means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness
and therefore is incapable of defending himself: Provided, that in any of these cases,
the person form any hostile act and does not attempt to escape.
(l) "Military necessity" means the necessity of employing measures which are indispensable to
achieve a legitimate aim of the conflict and are not otherwise prohibited by International
Humanitarian Law
(m) "Non-defended locality" means a locality that fulfills the following conditions:
(1) all combatants, as well as mobile weapons and mobile military equipment, must
have been evacuated;
(2) no hostile use of fixed military installations or establishments must have been made;
(3) no acts of hostility must have been committed by the authorities or by the
population; and
(4) no activities in support of military operations, must have been undertaken.
(n) "No quarter will be given' means refusing to spare the life of anybody, even of persons
manifestly unable to defend themselves or who clearly express their intention to surrender.
(o) "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe
he/she is entitled to, or is obliged to accord, protection under the rules of International
Humanitarian Law, with the intent to betray that confidence, including but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(5) feigning protective status by use of signs, emblems or uniforms of the United
Nations or of a neutral or other State not party to the conflict.
(p) "Persecution" means the international and severe deprivation of fundamental rights contrary to
international law by reason of identity of the group or collectivity.
(q) "Protect person" in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether civilian or military;
(2) a prisoner of war or any person deprived of liberty for reasons related to an armed
conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part in the
hostilities in the power of the adverse party;
(4) a person who, before the beginning of hostilities, was considered a stateless person
or refugee under the relevant international instruments accepted by the parties to the
conflict concerned or under the national legislation of the state of refuge or state of
residence;
(5) a member of the medical personnel assigned exclusively to medical purposes or to
the administration of medical units or to the operation of or administration of medical
transports; or
(6) a member of the religious personnel who is exclusively engaged in the work of their
ministry and attached to the armed forces of a party to the conflict, its medical units or
medical transports, or non-denominational, noncombatant military personnel carrying
out functions similar to religious personnel.
(r) " Superior" means:
(1) a military commander or a person effectively acting as a military commander; or
(2) any other superior, in as much as the crimes arose from activities within the
effective authority and control of that superior.
(s) "Torture" means the intentional infliction of severe pain or suffering, whether physical, mental,
or psychological, upon a person in the custody or under the control of the accused; except that
torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful
sanctions.
(t) "Works and installations containing dangerous forces" means works and installations the attack
of which may cause the release of dangerous forces and consequent severe losses among the
civilian population, namely: dams, dikes, and nuclear, electrical generation stations.
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against Interntional Human
Humanitarian Law" means:
(a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12
August 1949, namely, any of the following acts against persons or property protected under
provisions of the relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by military
necessity and carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the rights of fair
and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or other protected person to serve in the
forces of a hostile power; and
(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four
(4) Geneva Conventions of 12 August 1949, namely , any of the following acts committed against
persons taking no active part in the hostilities, including member of the armed forces who have laid
down their arms and those placed hors de combat by sickness, wounds, detention or any other
cause;
(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment
and torture;
(2) Committing outrages upon personal dignity, in particular, humiliating and degrading
treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying out of executions without previous
judgment pronounced by a regularly constituted court, affording all judicial guarantees
which are generally recognized as indispensable.
(c) Other serious violations of the laws and customs applicable in armed conflict, within the
established framework of international law, namely:
(1) Internationally directing attacks against the civilian population as such or against
individual civilians not taking direct part in hostilities;
(2) Intentionally directing attacks against civilian objects, that is, object which are not
military objectives;
(3) Intentionally directing attacks against buildings, material, medical units and
transport, and personnel using the distinctive emblems of the Geneva Conventions or
Additional Protocol III in conformity with intentional law;
(4) Intentionally directing attacks against personnel, installations, material, units or
vehicles involved in a humanitarian assistance or peacekeeping mission in accordance
with the Charter of the United Nations, as ling as they are entitled to the protection
given to civilians or civilian objects under the international law of armed conflict;
(5) Launching an attack in the knowledge that such attack will cause incidental loss of
life or injury to civilians or damage to civilian objects or widespread, long-term and
severe damage to the natural environment which would be excessive in relation to the
concrete and direct military advantage anticipated;
(6) Launching an attack against works or installations containing dangerous forces in
the knowledge that such attack will cause excessive loss of life, injury to civilians or
damage to civilian objects, and causing death or serious injury to body or health .
(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or
buildings which are undefended and which are not military objectives, or making non-
defended localities or demilitarized zones the object of attack;
(8) Killing or wounding a person in the knowledge that he/she is hors de
combat, including a combatant who, having laid down his/her arms or no longer having
means of defense, has surrendered at discretion;
(9) Making improper use of a flag of truce, of the flag or the military insignia and
uniform of the enemy or of the United Nations, as well as of the distinctive emblems of
the Geneva Conventions or other protective signs under International Humanitarian
Law, resulting in death, serious personal injury or capture;
(10) Intentionally directing attacks against buildings dedicated to religion, education, art,
science or charitable purposes, historic monuments, hospitals and places where the
sick and wounded are collected, provided they are not military objectives. In case of
doubt whether such building or place has been used to make an effective contribution
to military action, it shall be presumed not to be so used;
(11) Subjecting persons who are in the power of an adverse party to physical mutilation
or to medical or scientific experiments of any kind, or to removal of tissue or organs for
transplantation, which are neither justified by the medical, dental or hospital treatment
of the person concerned nor carried out in his/her interest, and which cause death to or
seriously endanger the health of such person or persons;
(12) Killing, wounding or capturing an adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's property unless such destruction or seizure is
imperatively demanded by the necessities of war;
(15) Pillaging a town or place, even when taken by assault;
(16) Ordering the displacements of the civilian population for reasons related to the inherently indiscriminate in violation of the international law of armed
conflict, unless the security of the civilians involved or imperative military reasons so conflict.
demand;

(17) Transferring, directly or indirectly, by the occupying power of parts of its own
civilian population into the territory it occupies, or the deportation or transfer of all or
parts of the population of the occupied territory within or outside this territory;
(18) Commiting outrages upon personal dignity, in particular, humiliating and degrading
treatments;
Any person found guilty of commiting any of the acts specified herein shall suffer the penalty
provided under Section 7 of this Act.
Section 5. Genocide - (a) For the purpose of this Act, "genocide" means any of the following acts with intent to
destroy, in whole or in part, a national, ethnic, racial, religious, social or any other similar stable and
permanent group as such:

(1) Killing members of the group;

(19) Commiting rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence also constituting a grave breach of the
Geneva Conventions or a serious violation of common Article 3 to the Geneva (2) Causing serious bodily or mental harm to members of the group;
Convensions;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its
(20) Utilizing the presence of a civilian or other protected person to render certain physical destruction in whole or in part;
points, areas or military forces immune from military operations;
(4) Imposing measures intended to prevent births within the group; and
(21) Intentionally using starvation of civilians as a method of warfare by depriving them
of objects indespensable to their survival, including willfully impeding relief supplies as
(5) Forcibly transferring children of the group to another group.
provided for under the Geneva Conventions and their Additional Protocols;

(22) In an international armed conflict, compelling the nationals of the hostile party to
take part in the operations of war directed against their own country, even if they were
in the belligerent's service before the commencement of the war;
(23) In an international armed conflict, declaring abolished, suspended or inadmissible
in a court of law the rights and actions of the nationals of the hostile party;
(24) Commiting any of the following acts:
(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide.
Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section shall
suffer the penalty provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other crimes against humanity"
means any of the following acts when committed as part of a widespread or systematic attack directed against
any civilian population, with knowledge of the attack:

(a) Willful killing;

(i) Conscripting, enlisting or recruiting children under the age of fifteen (15)
years into the national armed forces;
(b) Extermination;
(ii) Conscripting, enlisting or recruiting children under the age of eighteen
(18) years into an armed force or group other than the national armed (c) Enslavement;
forces; and

(d) Arbitrary deportation or forcible transfer of population;

(iii) Using children under the age of eighteen (18) years to participate
actively in hostilities; and
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of
international law;
(25) Employing means of warfare which are prohibited under international law, such as:

(f) Torture;
(i) Poison or poisoned weapons;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any
(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, other form of sexual violence of comparable gravity;
materials or devices;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic,
(iii) Bullets which expand or flatten easily in the human body, such as cultural, religious, gender, sexual orientation or other grounds that are universally recognized as
bullets with hard envelopes which do not entirely cover the core or are impermissible under international law, in connection with any act referred to in this paragraph or
pierced with incisions; and any crime defined in this Act;

(iv) Weapons, projectiles and material and methods of warfare which are of (i) Enforced or involuntary disappearance of persons;
the nature to cause superfluous injury or unecessary suffering or which are
 (j) Apartheid; and (b) A person shall be criminally liable as accomplice for facilitating the commission of a crime
defined and penalized in this Act if he/she aids, abets or otherwise assists in its commission or
attempted commission, including providing the means for its commission.
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious
injury to body or to mental or physical health.
(c) A person shall be criminally liable for a crime defined and penalized in this Act if he/she
attempts to commit such a crime by taking action that commences its execution by means of a
Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under substantial step, but the crime does not occur because of circumstances independent of the
Section 7 of this Act. person's intention. However, a person who abandons the effort to commit the crime or otherwise
prevents the completion of the crime shall not be liable for punishment under this Act for the
attempt to commit the same if he/she completely and voluntarily gave up the criminal purpose.
CHAPTER IV
PENAL PROVISIONS
Section 9. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without any distinction
based on official capacity. In particular, official capacity as a head of state or government, a member of a
Section 7. Penalties. - Any person found guilty of committing any of the acts provided under Sections 4, 5 and
government or parliament, an elected representative or a government official shall in no case exempt a person
6 of this Act shall suffer the penalty of reclusion temporal in its medium to maximum period and a fine ranging
from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of
from One hundred thousand pesos (Php 100,000.00) to Five hundred thousand pesos (Php 500,000.00).
sentence. However:

When justified by the extreme gravity of the crime, especially where the commision of any of the crimes
(a) Immunities or special procedural rules that may be attached to the official capacity of a person
specified herein results in death or serious physical injury, or constitutes rape, and considering the individual
under Philippine law other than the established constitutional immunity from suit of the Philippine
circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from Five hundred
President during his/her tenure, shall not bar the court from exercising jurisdiction over such a
thousand pesos (Php 500,000.00) to One million pesos (Php 1,000,000.00) shall be imposed.
person; and

Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of this Act shall suffer
(b) Immunities that may be attached to the official capacity of a person under international law may
the penalty of prision mayor in its minimum period and a fine ranging from Ten thousand pesos (Php
limit the application of this Act, nut only within the bounds established under international law.
10,000.00) to Twenty thousand pesos (Php 20,000.00).

Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for crimes
In addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly,
defined and penalized under this Act, a superior shall be criminally responsible as a principal for such crimes
from that crime, without prejudice to the rights of bona fide third (3rd) parties. The court shall also impose the
committed by subordinates under his/her effective command and control, or effective authority and control as
corresponding accessory penalties under the Revised Penal Code, especially where the offender is a public
the case may be, as a result of his/her failure to properly exercise control over such subordinates, where:
officer.

(a) That superior either knew or, owing to the circumstances at the time, should have known that
CHAPTER V
the subordinates were committing or about to commit such crimes;
SOME PRINCIPLES OF CRIMINAL LIABILITY

(b) That superior failed to take all necessary and reasonable measures within his/her power to
Section 8. Individual Criminal Responsibilities. - (a) In addition to existing provisions in Philippine law on
prevent or repress their commission or to submit the matter to the competent authorities for
principles of criminal responsibility, a person shall be criminally liable as principal for a crime defined and
investigation and prosecution.
penalized in this Act if he/she:

Section 11. Non-prescription. - The crimes defined and penalized under this Act, their prosecution, and the
(1) Commits such a crime, whether as an individual, jointly with another or through
execution of sentences imposed on their account, shall not be subject to any prescription.
another person, regardless of whether that other person is criminally responsible;

Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this Act has been
(2) Orders, solicits or induces the commission of such a crime which in fact occurs or is
committed by a person pursuant to an order of a government or a superior, whether military or civilian, shall
attempted;
not relieve that person of criminal responsibility unless all of the following elements occur:

(3) In any other way contributes to the commission or attempted commission of such a
(a) The person was under a legal obligation to obey orders of the government or the superior in
crime by a group of person acting with a common purpose. Such contribution shall be
question;
intentional and shall either:

(b) The person did not know that the order was unlawful; and
(i) be made with the aim of furthering the criminal activity or criminal
purpose of the group, where such activity or purpose involves the
commission of a crime defined in this Act; or (c) The order was not manifestly unlawful.

(ii) be made in the knowledge of the intention of the group to commit the For the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly
crime. unlawful.

CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine law for the
protection of victims and witnesses, the following measures shall be undertaken:
(a) The Philippine court shall take appropriate measures to protect the safety, physical and
physiological well-being, dignity and privacy of victims and witnesses. In so doing, the court shall
have regard of all relevant factors, including age, gender and health, and the nature of the crime, in
particular, but not limited to, where the crime involves sexual or gender violence or violence
against children. The prosecutor shall take such measures particularly during the investigation and
prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the
rights of the accused and to a fair and impartial trial;
(b) As an exception to the general principle of public hearings, the court may, to protect the victims
and witnesses or an accused, conduct any part of the proceedings in camera or allow the
presentation of evidence by electronic or other special means. In particular, such measures shall
be implemented in the case of the victim of sexual violence or a child who is a victim or is a
witness, unless otherwise ordered by the court, having regard to all the circumstances, particularly
the views of the victim or witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views and
concerns to be presented and considered at stages of the proceedings determined to be
appropriate by the court in manner which is not prejudicial to or inconsistent with the rights of the
accused and a fair and impartial trial. Such views and concerns may be presented by the legal
representatives of the victims where the court considers it appropriate in accordance with the
established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave
endangerment of the security of a witness for his/her family, the prosecution may, for the purposes
of any proceedings conducted prior to the commencement of the trial, withhold such evidence or
information and instead submit a summary thereof. Such measures shall be exercised in a manner
which is not prejudicial to or inconsistent with the rights of the accused and to a fair and impartial
trial.
Section 14. Reparations to Victims. - In addition to existing provisions in Philippine law and procedural rules
for reparations to victims, the following measures shall be undertaken:
(a) The court shall follow the principles relating to the reparations to, or in respect of,
victims,including restitution, compensation and rehabilitation. On this basis, in its decision, the
court may, wither upon request or on its own motion in exceptional circumstances, determine the
scope and extent of any damage, loss and injury to, or in respect of, victims and state the
principles on which it is acting;1avvphi1
(b) The court may make an order directly against a convicted person specifying appropriate
reparations to, or in respect of, victims, including restitution, compensation and rehabilitation; and
(c) Before making an order under this section, the court may invite and shall take account of
representations from or on behalf of the convicted person, victims or other interested persons.
Nothing in this section shall be interpreted as prejudicing the rights of victims under national or international
law.
CHAPTER VII
Applicability of International Law and Other Laws
Section 15. Applicability of International Law.- In the application and interpretation of this Act, Philippine
courts shall be guided by the following sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005
Additional Protocol III;
(c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed
Conflict, its First Protocol and its 1999 Second Protocol;
(d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the
Involvement of Children in Armed Conflict;
(e) The rules and principles of customary international law;
(f) The judicial decisions of international courts and tribunals;
(g) Relevant and applicable international human rights instruments;
(h) Other relevant international treaties and conventions ratified or acceded to by the Republic of
the Philippines; and
(i) Teachings of the most highly qualified publicists and authoritative commentaries on the
foregoing sources as subsidiary means for the determination of rules of international law.
Section 16. Suppletory Application of the Revised Penal Code and Other General or Special Laws. - The
provisions of the Revised Penal Code and other general or special laws shall have a suppletory application to
the provisions of this Act.
CHAPTER VII
JURISDICTION
Section 17. Jurisdiction.- The State shall exercise jurisdiction over persons, whether military or civilian,
suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed,
provided, any one of the following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution
of a crime punishable under this Act if another court or international tribunal is already conducting the
investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite
suspected or accused persons in the Philippines to the appropriate international court, if any, or to another
State pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed
the crimes defined and penalized in this Act if they have been tried by a competent court outside the
Philippines in respect of the same offense and acquitted, or having been convicted, already served their
sentence.
Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of the Philippines shall
have original and exclusive jurisdiction over the crimes punishable under this Act. Their judgments may be
appealed or elevated to the Court of Appeals and to the Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act. For Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
these cases, the Commission on Human Rights, the Department of Justice, the Philippine National Police or
other concerned law enforcement agencies shall designate prosecutors or investigators as the case may be.
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

The State shall ensure that judges, prosecutors and investigators, especially those designated for purposes of
this Act, receive effective training in human rights, International Humanitarian Law and International Criminal
Law.
CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. - If, for any reason or reasons, any part or provision of this Statute shall be
held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall
continue to be in full force and effect.
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human rights;
(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are
respected at all times; and that no person placed under investigation or held in custody of any
person in authority or, agent of a person authority shall be subjected to physical, psychological or
mental harm, force, violence, threat or intimidation or any act that impairs his/her free wi11 or in
any manner demeans or degrades human dignity;

Section 20. Repealing Clause. - All laws, presidential decrees and issuances, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Statute are hereby repealed or modified
accordingly.
Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in two (2) newspapers general circulation.
Approved,
(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of
torture as provided for in the 1987 Philippine Constitution; various international instruments to
which the Philippines is a State party such as, but not limited to, the International Covenant on Civil
and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDA W) and the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all
other relevant international human rights instruments to which the Philippines is a signatory.

Sgd. PROSPERO C. NOGRALES Sgd. JUAN PONCE ENRILE Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
Speaker of the House of Representative President of the Senate
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
This Act which is a consolidation of Senate Bill No. 2669 and House Bill No. 6633 was finally passed by the information or a confession; punishing him/her for an act he/she or a third person has committed or
Senate and the House of Representatives on October 14, 2009 and October 16, 2009, respectively. is suspected of having committed; or intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or agent of a person in
For: authority. It does not include pain or Buffering arising only from, inherent in or incidental to lawful
sanctions.

Sgd. MARILYN B. BARUA-YAP (b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
Sgd. EMMA LIRIO-REYES aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
Secretary General
Secretary of the Senate person in authority or agent of a person in authority against a person under his/her custody, which
House of Representatives
attains a level of severity causing suffering, gross humiliation or debasement to the latter.

Approved: (c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as a result of
any act(s) of torture, or other cruel, inhuman and degrading treatment or punishment.
Sgd. GLORIA MACAPAGAL-ARROYO
President of the Philippines
(d) "Order of Battle" refers to any document or determination made by the military, police or any
law enforcement agency of the government, listing the names of persons and organizations that it
perceives to be enemies of the State and that it considers as legitimate targets as combatants that
it could deal with, through the use of means allowed by domestic and international law.

December 11, 2009 Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

REPUBLIC ACT N0. 9745 (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent
of a person in authority upon another in his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body, such as:
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
 (1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle
butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on mucous membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ
or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will
of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency;
or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a
person in authority which are calculated to affect or confuse the mind and/or undermine a person's
dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or
any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross
humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An
Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts
shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any other
public emergency, or a document or any determination comprising an "order of battle" shall not and can never
be invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law
enforcement. agencies concerned shall make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained
therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed.
This list shall be made available to the public at all times, with a copy of the complete list available at the
respective national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted
by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such
list to be periodically updated, by the same agencies, within the first five (5) days of every month at the
minimum. Every regional office of the PNP, AFP and other law enforcement agencies shall also maintain a
similar list far all detainees and detention facilities within their respective areas, and shall make the same
available to the public at all times at their respective regional headquarters, and submit a copy. updated in the
same manner provided above, to the respective regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used
as evidence against a person or persons accused of committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall (e) The approximate time and date when the injury, pain, disease and/or trauma was/were
have the following rights in the institution of a criminal complaint for torture: sustained;

(a) To have a prompt and an impartial investigation by the CHR and by agencies of government (f) The place where the injury, pain, disease and/or trauma was/were sustained;
concerned such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP,
the National Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a
maximum period of sixty (60) working days from the time a complaint for torture is filed within (g) The time, date and nature of treatment necessary; and
which an investigation report and/or resolution shall be completed and made available. An appeal
whenever available shall be resolved within the same period prescribed herein,
(h) The diagnosis, the prognosis and/or disposition of the patient.

(b) To have sufficient government protection against all forms of harassment; threat and/or
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily waive
intimidation as a consequence of the filing of said complaint or the presentation of evidence
such rights in writing, executed in the presence and assistance of his/her counsel.
therefor. In which case, the State through its appropriate agencies shall afford security in order to
ensure his/her safety and all other persons involved in the investigation and prosecution such as,
but not limited to, his/her lawyer, witnesses and relatives; and Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents
or simultaneous acts shall be liable as principal
evidence in any fora in order to avoid further trauma.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance
with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any,
filed on behalf of the victim of torture or other cruel, degrading and inhuman treatment or punishment shall be
disposed of expeditiously and any order of release by virtue thereof, or other appropriate order of a court
relative thereto, shall be executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel,
inhuman and degrading treatment or punishment, or for any interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center
(BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).
Any superior military, police or law enforcement officer or senior government official who issued an order to
any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of
the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other
cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by
him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof
by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have
known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed,
is being committed, or has been committed by his/her subordinates or by others within his/her area of
responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture
or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations
of such act, whether deliberately or due to negligence shall also be liable as principals.

Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every
person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other
demand physical examination by an independent and competent doctor of his/her own choice. If such person cruel, inhuman and degrading treatment or punishment is being committed and without having participated
cannot afford the services of his/her own doctor, he/she shall he provided by the State with a competent and therein, either as principal or accomplice, takes part subsequent to its commission in any of the following
independent doctor to conduct physical examination. The State shall endeavor to provide the victim with manner:
psychological evaluation if available under the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person arrested, detained or under custodial
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of
investigation, including his/her immediate family, shall have the right to immediate access to proper and
torture or other cruel, inhuman and degrading treatment or punishment;
adequate medical treatment. The physical examination and/or psychological evaluation of the victim shall be
contained in a medical report, duly signed by the attending physician, which shall include in detail his/her
medical history and findings, and which shall he attached to the custodial investigation report. Such report (b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment
shall be considered a public document. and/or destroying the effects or instruments thereof in order to prevent its discovery; or(c) By
harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental
the abuse of the official's public functions.
examinations, the medical reports shall, among others, include:

Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the
(a) The name, age and address of the patient or victim;
following acts:

(b) The name and address of the nearest kin of the patient or victim;
(1) Torture resulting in the death of any person;

(c) The name and address of the person who brought the patient or victim for physical,
(2) Torture resulting in mutilation;
psychological and mental examination, and/or medical treatment;

(3) Torture with rape;

(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;
 (4) Torture with other forms of sexual abuse and, in consequence of torture, the victim
shall have become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of becoming
insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on those who commit any act of torture
resulting in psychological, mental and emotional harm other than those described 1n paragraph (b)
of this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost the power of speech or the power to hear or to
smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the use of any
such member; Or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in
consequence of torture, the victim shall have become deformed or shall have lost any part of
his/her body other than those aforecited, or shall have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period
shall be imposed if, in consequence of torture, the victim shall have been ill or incapacitated for
labor for mare than thirty (30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in
consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days
or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading
treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and
maintain secret detention places and/or effect or cause to effect solitary confinement,
incommunicado or other similar forms of prohibited detention as provided in Section 7 of this Act
where torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the
AFP, the PNP and other law enforcement agencies for failure to perform his/her duty to maintain,
submit or make available to the public an updated list of detention centers and facilities with the
corresponding data on the prisoners or detainees incarcerated or detained therein, pursuant to
Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not
be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose
penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and
international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture shall not benefit from any special amnesty law or
similar measures that will have the effect of exempting them from any criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State
where there are substantial grounds to believe that such person shall be in danger of being subjected to
torture. For the purposes of determining whether such grounds exist, the Secretary of the Department of
Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall
take into account all relevant considerations including, where applicable and not limited to, the existence in the
requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right to
claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the right
to claim for compensation from such other financial relief programs that may be made available to him/her
under existing law and rules and regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and
such other concerned government agencies, and human rights organizations shall formulate a comprehensive
rehabilitation program for victims of torture and their families. The DSWD, the DOJ and thc DOH shall also call
on human rights nongovernment organizations duly recognized by the government to actively participate in the
formulation of such program that shall provide for the physical, mental, social, psychological healing and
development of victims of torture and their families. Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading
punishment shall likewise be formulated by the same agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to
periodically oversee the implementation of this Act. The Committee shall be headed by a Commissioner of the
CRR, with the following as members: the Chairperson of the Senate Committee on Justice and Human Rights,
the respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights, and
the Minority Leaders of both houses or their respective representatives in the minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National Defense
(DND), the Department of the Interior and Local Government (DILG) and such other concerned parties in both
the public and private sectors shall ensure that education and information regarding prohibition against torture
and other cruel, inhuman and degrading treatment or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials and other persons who may be
involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention
or imprisonment. The Department of Education (DepED) and the Commission on Higher Education (CHED)
shall also ensure the integration of human rights education courses in all primary, secondary and tertiary level
academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar as
they are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable under
Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the
Revised Penal Code is attended by any of the acts constituting torture and other cruel, inhuman and
degrading treatment or punishment as defined herein, the penalty to be imposed shall be in its maximum
period.
Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated to
the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of
human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to all
officers and members of various law enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in full force and effect.
Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in at least two (2) newspapers of general circulation.
Approved,
(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE
Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of House Bill No. 5709 and Senate Bill No. 1978 was finally passed by the
House of Representatives and the Senate on September 2,2009.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of Senate
House of Representives
Approved: November 10, 2009
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 (a) Secretary, Department of Foreign Affairs;
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 (b) Secretary, Department of Labor and Employment;
women's issues.
(c) Administrator, Philippine Overseas Employment Administration;
(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
(d) Commissioner, Bureau of Immigration;
the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign nationals with the guidance and counseling requirement as provided for in this
Act. (e) Director-General, Philippine National Police;

(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake (f) Chairperson, National Commission on the Role of Filipino Women; and
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 (g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each
system to receive complaints and calls to assist trafficked persons and conduct rescue operations. 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
(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective pre- appointment by the President for a term of three (3) years.
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. 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
(i) Department of the Interior and Local Government (DILG) - shall institute a systematic and regulations.
information and prevention campaign and likewise maintain a databank for the effective monitoring,
documentation and prosecution of cases on trafficking in persons.
Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(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 (a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in
provisions of this Act and ensure effective prosecution of such cases. They shall also undertake an persons;
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 (b) Promulgate rules and regulations as may be necessary for the effective implementation of this
other concerned agencies. They shall encourage and support community based initiatives which Act;
address the trafficking in persons.
(c) Monitor and oversee the strict implementation of this Act;
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.
(d) Coordinate the programs and projects of the various member agencies to effectively address
the issues and problems attendant to trafficking in persons;
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
(e) Coordinate the conduct of massive information dissemination and campaign on the existence of
enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the
the law and the various issues and problems attendant to trafficking through the LGUs, concerned
consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant.
agencies, and NGOs;

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Republic Act
(f) Direct other agencies to immediately respond to the problems brought to their attention and
No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection report to the Council on action taken;
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 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:
(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.
Approved,
 FRANKLIN DRILON JOSE DE VENECIA JR.
President of the Senate Speaker of the House of Representatives
This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was finally passed by the
Senate and the House of Representatives on May 12, 2003 respectively.
OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of Senate Secretary General
House of Represenatives
Approved: May 26, 2003.
Republic Act No. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and
guarantees full respect for human rights. Toward this end, the State shall penalize acts that would destroy the
honor, dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act, the term:
(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be
viewed by a person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or
group of persons performing sexual act or any similar activity or of capturing an image of the
private area of a person or persons without the latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or
device without the written consent of the person/s involved, notwithstanding that consent to record
or take photo or video coverage of same was given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public area,
buttocks or female breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of privacy" means
believe that he/she could disrobe in privacy, without being concerned that an image or a private
area of the person was being captured; or circumstances in which a reasonable person would
believe that a private area of the person would not be visible to the public, regardless of whether
that person is in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks or female breast without the consent of the
person/s involved and under circumstances in which the person/s has/have a reasonable
expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording
of sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of
sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast
media, or show or exhibit the photo or video coverage or recordings of such sexual act or any
similar activity through VCD/DVD, internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take
photo or video coverage of the same was given by such person/s. Any person who violates this provision shall
be liable for photo or video voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than seven (7)
years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found
guilty of violating Section 4 of this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the
persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the
station manager, editor and broadcaster in the case of a broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence
and payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for any
peace officer, who is authorized by a written order of the court, to use the record or any copy thereof as
evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided, That
such written order shall only be issued or granted upon written application and the examination under oath or
affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are
reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed,
and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or
prevention of such, crime.
Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by
any person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-
judicial, legislative or administrative hearing or investigation.1avvphi1
Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the
remaining provisions not affected thereby shall remain valid and subsisting.
Section 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.
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in two(2) newspapers of general circulation.
Approved
(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE
Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of Senate Bill No. 2357 and House Bill No. 6571 was finally passed by the
Senate and the House of Representatives on December 1, 2009 and November 18, 2009, respectively.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of Senate
House of Represenatives
Approved: FEB 15, 2010
[REPUBLIC ACT NO. 10173]
AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND
COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR
THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES
Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the “Data Privacy Act of 2012”.
SEC. 2. Declaration of Policy. – It is the policy of the State to protect the fundamental human right of privacy,
of communication while ensuring free flow of information to promote innovation and growth. The State
recognizes the vital role of information and communications technology in nation-building and its inherent
obligation to ensure that personal information in information and communications systems in the government
and in the private sector are secured and protected.
SEC. 3. Definition of Terms. – Whenever used in this Act, the following terms shall have the respective
meanings hereafter set forth:
(a) Commission shall refer to the National Privacy Commission created by virtue of this Act.
(b) Consent of the data subject refers to any freely given, specific, informed indication of will, whereby the data
subject agrees to the collection and processing of personal information about and/or relating to him or her.
Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the
data subject by an agent specifically authorized by the data subject to do so.
(c) Data subject refers to an individual whose personal information is processed.
(d) Direct marketing refers to communication by whatever means of any advertising or marketing material
which is directed to particular individuals.
(e) Filing system refers to any act of information relating to natural or juridical persons to the extent that,
although the information is not processed by equipment operating automatically in response to instructions
given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating
to individuals, in such a way that specific information relating to a particular person is readily accessible.
(f) Information and Communications System refers to a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or electronic documents and includes the computer system or
other similar device by or which data is recorded, transmitted or stored and any procedure related to the
recording, transmission or storage of electronic data, electronic message, or electronic document.
(g) Personal information refers to any information whether recorded in a material form or not, from which the
identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the
information, or when put together with other information would directly and certainly identify an individual.
(h) Personal information controller refers to a person or organization who controls the collection, holding,
processing or use of personal information, including a person or organization who instructs another person or
organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The
term excludes:
(1) A person or organization who performs such functions as instructed by another person or organization; and
(2) An individual who collects, holds, processes or uses personal information in connection with the
individual’s personal, family or household affairs.
(i) Personal information processor refers to any natural or juridical person qualified to act as such under this
Act to whom a personal information controller may outsource the processing of personal data pertaining to a
data subject.
(j) Processing refers to any operation or any set of operations performed upon personal information including,
but not limited to, the collection, recording, organization, storage, updating or modification, retrieval,
consultation, use, consolidation, blocking, erasure or destruction of data.
(k) Privileged information refers to any and all forms of data which under the Rules of Court and other
pertinent laws constitute privileged communication.
(l) Sensitive personal information refers to personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political
affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any
offense committed or alleged to have been committed by such person, the disposal of such proceedings, or
the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security
numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation, and tax returns;
and
(4) Specifically established by an executive order or an act of Congress to be kept classified.
SEC. 4. Scope. – This Act applies to the processing of all types of personal information and to any natural and
juridical person involved in personal information processing including those personal information controllers
and processors who, although not found or established in the Philippines, use equipment that are located in
the Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately
succeeding paragraph: Provided, That the requirements of Section 5 are complied with.
This Act does not apply to the following:
(a) Information about any individual who is or was an officer or employee of a government institution that
relates to the position or functions of the individual, including:
(1) The fact that the individual is or was an officer or employee of the government institution;
(2) The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the individual; and
(4) The name of the individual on a document prepared by the individual in the course of employment with the
government;
(b) Information about an individual who is or was performing service under contract for a government
institution that relates to the services performed, including the terms of the contract, and the name of the
individual given in the course of the performance of those services;
(c) Information relating to any discretionary benefit of a financial nature such as the granting of a license or
permit given by the government to an individual, including the name of the individual and the exact nature of
the benefit;
(d) Personal information processed for journalistic, artistic, literary or research purposes;
(e) Information necessary in order to carry out the functions of public authority which includes the processing
of personal data for the performance by the independent, central monetary authority and law enforcement and
regulatory agencies of their constitutionally and statutorily mandated functions. Nothing in this Act shall be
construed as to have amended or repealed Republic Act No. 1405, otherwise known as the Secrecy of Bank
Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and Republic Act
No. 9510, otherwise known as the Credit Information System Act (CISA);
(f) Information necessary for banks and other financial institutions under the jurisdiction of the independent,
central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic Act No. 9510, and Republic
Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws;
and
(g) Personal information originally collected from residents of foreign jurisdictions in accordance with the laws
of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the
Philippines.
SEC. 5. Protection Afforded to Journalists and Their Sources. – Nothing in this Act shall be construed as to
have amended or repealed the provisions of Republic Act No. 53, which affords the publishers, editors or duly
accredited reporters of any newspaper, magazine or periodical of general circulation protection from being
compelled to reveal the source of any news report or information appearing in said publication which was
related in any confidence to such publisher, editor, or reporter.
SEC. 6. Extraterritorial Application. – This Act applies to an act done or practice engaged in and outside of the
Philippines by an entity if:
(a) The act, practice or processing relates to personal information about a Philippine citizen or a resident;
(b) The entity has a link with the Philippines, and the entity is processing personal information in the
Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens or
residents such as, but not limited to, the following:
(1) A contract is entered in the Philippines;
(2) A juridical entity unincorporated in the Philippines but has central management and control in the country;
and
(3) An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the
Philippine entity has access to personal information; and
(c) The entity has other links in the Philippines such as, but not limited to:
(1) The entity carries on business in the Philippines; and
(2) The personal information was collected or held by an entity in the Philippines.
CHAPTER II
THE NATIONAL PRIVACY COMMISSION
SEC. 7. Functions of the National Privacy Commission. – To administer and implement the provisions of this
Act, and to monitor and ensure compliance of the country with international standards set for data protection,
there is hereby created an independent body to be known as the National Privacy Commission, winch shall
have the following functions:
(a) Ensure compliance of personal information controllers with the provisions of this Act;
(b) Receive complaints, institute investigations, facilitate or enable settlement of complaints through the use of
alternative dispute resolution processes, adjudicate, award indemnity on matters affecting any personal
information, prepare reports on disposition of complaints and resolution of any investigation it initiates, and, in
cases it deems appropriate, publicize any such report: Provided, That in resolving any complaint or
investigation (except where amicable settlement is reached by the parties), the Commission shall act as a
collegial body. For this purpose, the Commission may be given access to personal information that is subject
of any complaint and to collect the information necessary to perform its functions under this Act;
(c) Issue cease and desist orders, impose a temporary or permanent ban on the processing of personal
information, upon finding that the processing will be detrimental to national security and public interest;
(d) Compel or petition any entity, government agency or instrumentality to abide by its orders or take action on
a matter affecting data privacy;
(e) Monitor the compliance of other government agencies or instrumentalities on their security and technical
measures and recommend the necessary action in order to meet minimum standards for protection of
personal information pursuant to this Act;
(f) Coordinate with other government agencies and the private sector on efforts to formulate and implement
plans and policies to strengthen the protection of personal information in the country;
(g) Publish on a regular basis a guide to all laws relating to data protection;
(h) Publish a compilation of agency system of records and notices, including index and other finding aids;
(i) Recommend to the Department of Justice (DOJ) the prosecution and imposition of penalties specified in
Sections 25 to 29 of this Act;
(j) Review, approve, reject or require modification of privacy codes voluntarily adhered to by personal
information controllers: Provided, That the privacy codes shall adhere to the underlying data privacy principles
embodied in this Act: Provided, further, That such privacy codes may include private dispute resolution
mechanisms for complaints against any participating personal information controller. For this purpose, the
Commission shall consult with relevant regulatory agencies in the formulation and administration of privacy
codes applying the standards set out in this Act, with respect to the persons, entities, business activities and
business sectors that said regulatory bodies are authorized to principally regulate pursuant to the
law: Provided, finally. That the Commission may review such privacy codes and require changes thereto for
purposes of complying with this Act;
(k) Provide assistance on matters relating to privacy or data protection at the request of a national or local
agency, a private entity or any person;
(l) Comment on the implication on data privacy of proposed national or local statutes, regulations or
procedures, issue advisory opinions and interpret the provisions of this Act and other data privacy laws;
(m) Propose legislation, amendments or modifications to Philippine laws on privacy or data protection as may
be necessary;
(n) Ensure proper and effective coordination with data privacy regulators in other countries and private
accountability agents, participate in international and regional initiatives for data privacy protection;
(o) Negotiate and contract with other data privacy authorities of other countries for cross-border application
and implementation of respective privacy laws;
(p) Assist Philippine companies doing business abroad to respond to foreign privacy or data protection laws
and regulations; and
(q) Generally perform such acts as may be necessary to facilitate cross-border enforcement of data privacy
protection.
SEC. 8. Confidentiality. – The Commission shall ensure at all times the confidentiality of any personal
information that comes to its knowledge and possession.
SEC. 9. Organizational Structure of the Commission. – The Commission shall be attached to the Department
of Information and Communications Technology (DICT) and shall be headed by a Privacy Commissioner, who
shall also act as Chairman of the Commission. The Privacy Commissioner shall be assisted by two (2) Deputy
Privacy Commissioners, one to be responsible for Data Processing Systems and one to be responsible for
Policies and Planning. The Privacy Commissioner and the two (2) Deputy Privacy Commissioners shall be
appointed by the President of the Philippines for a term of three (3) years, and may be reappointed for another
term of three (3) years. Vacancies in the Commission shall be filled in the same manner in which the original
appointment was made.
The Privacy Commissioner must be at least thirty-five (35) years of age and of good moral character,
unquestionable integrity and known probity, and a recognized expert in the field of information technology and
data privacy. The Privacy Commissioner shall enjoy the benefits, privileges and emoluments equivalent to the
rank of Secretary.
The Deputy Privacy Commissioners must be recognized experts in the field of information and
communications technology and data privacy. They shall enjoy the benefits, privileges and emoluments
equivalent to the rank of Undersecretary.
The Privacy Commissioner, the Deputy Commissioners, or any person acting on their behalf or under their
direction, shall not be civilly liable for acts done in good faith in the performance of their duties. However, he or
she shall be liable for willful or negligent acts done by him or her which are contrary to law, morals, public
policy and good customs even if he or she acted under orders or instructions of superiors: Provided, That in
case a lawsuit is filed against such official on the subject of the performance of his or her duties, where such
performance is lawful, he or she shall be reimbursed by the Commission for reasonable costs of litigation.
SEC. 10. The Secretariat. – The Commission is hereby authorized to establish a Secretariat. Majority of the
members of the Secretariat must have served for at least five (5) years in any agency of the government that
is involved in the processing of personal information including, but not limited to, the following offices: Social
Security System (SSS), Government Service Insurance System (GSIS), Land Transportation Office (LTO),
Bureau of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), Commission on
Elections (COMELEC), Department of Foreign Affairs (DFA), Department of Justice (DOJ), and Philippine
Postal Corporation (Philpost).
CHAPTER III
PROCESSING OF PERSONAL INFORMATION
SEC. 11. General Data Privacy Principles. – The processing of personal information shall be allowed, subject
to compliance with the requirements of this Act and other laws allowing disclosure of information to the public
and adherence to the principles of transparency, legitimate purpose and proportionality.
Personal information must, be:
(a) Collected for specified and legitimate purposes determined and declared before, or as soon as reasonably
practicable after collection, and later processed in a way compatible with such declared, specified and
legitimate purposes only;
(b) Processed fairly and lawfully;
(c) Accurate, relevant and, where necessary for purposes for which it is to be used the processing of personal
information, kept up to date; inaccurate or incomplete data must be rectified, supplemented, destroyed or their
further processing restricted;
(d) Adequate and not excessive in relation to the purposes for which they are collected and processed;
(e) Retained only for as long as necessary for the fulfillment of the purposes for which the data was obtained
or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as
provided by law; and
(f) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes
for which the data were collected and processed: Provided, That personal information collected for other
purposes may lie processed for historical, statistical or scientific purposes, and in cases laid down in law may
be stored for longer periods: Provided, further, That adequate safeguards are guaranteed by said laws
authorizing their processing.
The personal information controller must ensure implementation of personal information processing principles
set out herein.
SEC. 12. Criteria for Lawful Processing of Personal Information. – The processing of personal information
shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions
exists:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is related to the fulfillment of a contract with the
data subject or in order to take steps at the request of the data subject prior to entering into a contract;
(c) The processing is necessary for compliance with a legal obligation to which the personal information
controller is subject;
(d) The processing is necessary to protect vitally important interests of the data subject, including life and
health;
(e) The processing is necessary in order to respond to national emergency, to comply with the requirements of (1) Description of the personal information to be entered into the system;
public order and safety, or to fulfill functions of public authority which necessarily includes the processing of
personal data for the fulfillment of its mandate; or
(2) Purposes for which they are being or are to be processed;

(f) The processing is necessary for the purposes of the legitimate interests pursued by the personal
information controller or by a third party or parties to whom the data is disclosed, except where such interests (3) Scope and method of the personal information processing;
are overridden by fundamental rights and freedoms of the data subject which require protection under the
Philippine Constitution.
(4) The recipients or classes of recipients to whom they are or may be disclosed;

SEC. 13. Sensitive Personal Information and Privileged Information. – The processing of sensitive personal
(5) Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which
information and privileged information shall be prohibited, except in the following cases:
such access is authorized;

(a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the
(6) The identity and contact details of the personal information controller or its representative;
case of privileged information, all parties to the exchange have given their consent prior to processing;

(b) The processing of the same is provided for by existing laws and regulations: Provided, That such
regulatory enactments guarantee the protection of the sensitive personal information and the privileged
information: Provided, further, That the consent of the data subjects are not required by law or regulation
permitting the processing of the sensitive personal information or the privileged information;
(7) The period for which the information will be stored; and
(8) The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the
Commission.

(c) The processing is necessary to protect the life and health of the data subject or another person, and the
data subject is not legally or physically able to express his or her consent prior to the processing;
(d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations
and their associations: Provided, That such processing is only confined and related to the bona fide members
of these organizations or their associations: Provided, further, That the sensitive personal information are not
transferred to third parties: Provided, finally, That consent of the data subject was obtained prior to processing;
Any information supplied or declaration made to the data subject on these matters shall not be amended
without prior notification of data subject: Provided, That the notification under subsection (b) shall not apply
should the personal information be needed pursuant to a subpoena or when the collection and processing are
for obvious purposes, including when it is necessary for the performance of or in relation to a contract or
service or when necessary or desirable in the context of an employer-employee relationship, between the
collector and the data subject, or when the information is being collected and processed as a result of legal
obligation;

(c) Reasonable access to, upon demand, the following:

(e) The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a
medical treatment institution, and an adequate level of protection of personal information is ensured; or
(1) Contents of his or her personal information that were processed;
(f) The processing concerns such personal information as is necessary for the protection of lawful rights and
interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal (2) Sources from which personal information were obtained;
claims, or when provided to government or public authority.

(3) Names and addresses of recipients of the personal information;

SEC. 14. Subcontract of Personal Information. – A personal information controller may subcontract the
processing of personal information: Provided, That the personal information controller shall be responsible for
ensuring that proper safeguards are in place to ensure the confidentiality of the personal information (4) Manner by which such data were processed;
processed, prevent its use for unauthorized purposes, and generally, comply with the requirements of this Act
and other laws for processing of personal information. The personal information processor shall comply with
all the requirements of this Act and other applicable laws. (5) Reasons for the disclosure of the personal information to recipients;

SEC. 15. Extension of Privileged Communication. – Personal information controllers may invoke the principle
of privileged communication over privileged information that they lawfully control or process. Subject to
existing laws and regulations, any evidence gathered on privileged information is inadmissible.
CHAPTER IV
RIGHTS OF THE DATA SUBJECT
SEC. 16. Rights of the Data Subject. – The data subject is entitled to:
(a) Be informed whether personal information pertaining to him or her shall be, are being or have been
processed;
(b) Be furnished the information indicated hereunder before the entry of his or her personal information into the
processing system of the personal information controller, or at the next practical opportunity:
(6) Information on automated processes where the data will or likely to be made as the sole basis for any
decision significantly affecting or will affect the data subject;
(7) Date when his or her personal information concerning the data subject were last accessed and modified;
and
(8) The designation, or name or identity and address of the personal information controller;
(d) Dispute the inaccuracy or error in the personal information and have the personal information controller
correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the
personal information have been corrected, the personal information controller shall ensure the accessibility of
both the new and the retracted information and the simultaneous receipt of the new and the retracted
information by recipients thereof: Provided, That the third parties who have previously received such
processed personal information shall he informed of its inaccuracy and its rectification upon reasonable
request of the data subject;
(e) Suspend, withdraw or order the blocking, removal or destruction of his or her personal information from the
personal information controller’s filing system upon discovery and substantial proof that the personal
information are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no
longer necessary for the purposes for which they were collected. In this case, the personal information
controller may notify third parties who have previously received such processed personal information; and
(f) Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully
obtained or unauthorized use of personal information.
SEC. 17. Transmissibility of Rights of the Data Subject. – The lawful heirs and assigns of the data subject may
invoke the rights of the data subject for, which he or she is an heir or assignee at any time after the death of
the data subject or when the data subject is incapacitated or incapable of exercising the rights as enumerated
in the immediately preceding section.
SEC. 18. Right to Data Portability. – The data subject shall have the right, where personal information is
processed by electronic means and in a structured and commonly used format, to obtain from the personal
information controller a copy of data undergoing processing in an electronic or structured format, which is
commonly used and allows for further use by the data subject. The Commission may specify the electronic
format referred to above, as well as the technical standards, modalities and procedures for their transfer.
SEC. 19. Non-Applicability. – The immediately preceding sections are not applicable if the processed personal
information are used only for the needs of scientific and statistical research and, on the basis of such, no
activities are carried out and no decisions are taken regarding the data subject: Provided, That the personal
information shall be held under strict confidentiality and shall be used only for the declared purpose. Likewise,
the immediately preceding sections are not applicable to processing of personal information gathered for the
purpose of investigations in relation to any criminal, administrative or tax liabilities of a data subject.
CHAPTER V
SECURITY OF PERSONAL INFORMATION
SEC. 20. Security of Personal Information. – (a) The personal information controller must implement
reasonable and appropriate organizational, physical and technical measures intended for the protection of
personal information against any accidental or unlawful destruction, alteration and disclosure, as well as
against any other unlawful processing.
(b) The personal information controller shall implement reasonable and appropriate measures to protect
personal information against natural dangers such as accidental loss or destruction, and human dangers such
as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.
(c) The determination of the appropriate level of security under this section must take into account the nature
of the personal information to be protected, the risks represented by the processing, the size of the
organization and complexity of its operations, current data privacy best practices and the cost of security
implementation. Subject to guidelines as the Commission may issue from time to time, the measures
implemented must include:
(1) Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or
interference with or hindering of their functioning or availability;
(2) A security policy with respect to the processing of personal information;
(3) A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer networks,
and for taking preventive, corrective and mitigating action against security incidents that can lead to a security
breach; and
(4) Regular monitoring for security breaches and a process for taking preventive, corrective and mitigating
action against security incidents that can lead to a security breach.
(d) The personal information controller must further ensure that third parties processing personal information
on its behalf shall implement the security measures required by this provision.
(e) The employees, agents or representatives of a personal information controller who are involved in the
processing of personal information shall operate and hold personal information under strict confidentiality if the
personal information are not intended for public disclosure. This obligation shall continue even after leaving
the public service, transfer to another position or upon termination of employment or contractual relations.
(f) The personal information controller shall promptly notify the Commission and affected data subjects when
sensitive personal information or other information that may, under the circumstances, be used to enable
identity fraud are reasonably believed to have been acquired by an unauthorized person, and the personal
information controller or the Commission believes (bat such unauthorized acquisition is likely to give rise to a
real risk of serious harm to any affected data subject. The notification shall at least describe the nature of the
breach, the sensitive personal information possibly involved, and the measures taken by the entity to address
the breach. Notification may be delayed only to the extent necessary to determine the scope of the breach, to
prevent further disclosures, or to restore reasonable integrity to the information and communications system.
(1) In evaluating if notification is unwarranted, the Commission may take into account compliance by the
personal information controller with this section and existence of good faith in the acquisition of personal
information.
(2) The Commission may exempt a personal information controller from notification where, in its reasonable
judgment, such notification would not be in the public interest or in the interests of the affected data subjects.
(3) The Commission may authorize postponement of notification where it may hinder the progress of a criminal
investigation related to a serious breach.
CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL INFORMATION
SEC. 21. Principle of Accountability. – Each personal information controller is responsible for personal
information under its control or custody, including information that have been transferred to a third party for
processing, whether domestically or internationally, subject to cross-border arrangement and cooperation.
(a) The personal information controller is accountable for complying with the requirements of this Act and shall
use contractual or other reasonable means to provide a comparable level of protection while the information
are being processed by a third party.
(b) The personal information controller shall designate an individual or individuals who are accountable for the
organization’s compliance with this Act. The identity of the individual(s) so designated shall be made known to
any data subject upon request.
CHAPTER VII
SECURITY OF SENSITIVE PERSONAL
INFORMATION IN GOVERNMENT
SEC 22. Responsibility of Heads of Agencies. – All sensitive personal information maintained by the
government, its agencies and instrumentalities shall be secured, as far as practicable, with the use of the most
appropriate standard recognized by the information and communications technology industry, and as
recommended by the Commission. The head of each government agency or instrumentality shall be
responsible for complying with the security requirements mentioned herein while the Commission shall monitor
the compliance and may recommend the necessary action in order to satisfy the minimum standards.
SEC. 23. Requirements Relating to Access by Agency Personnel to Sensitive Personal Information. – (a) On-
site and Online Access – Except as may be allowed through guidelines to be issued by the Commission, no
employee of the government shall have access to sensitive personal information on government property or
through online facilities unless the employee has received a security clearance from the head of the source
agency.
(b) Off-site Access – Unless otherwise provided in guidelines to be issued by the Commission, sensitive
personal information maintained by an agency may not be transported or accessed from a location off
government property unless a request for such transportation or access is submitted and approved by the
head of the agency in accordance with the following guidelines:
(1) Deadline for Approval or Disapproval – In the case of any request submitted to the head of an agency,
such head of the agency shall approve or disapprove the request within two (2) business days after the date of
submission of the request. In case there is no action by the head of the agency, then such request is
considered disapproved;
(2) Limitation to One thousand (1,000) Records – If a request is approved, the head of the agency shall limit
the access to not more than one thousand (1,000) records at a time; and
(3) Encryption – Any technology used to store, transport or access sensitive personal information for purposes
of off-site access approved under this subsection shall be secured by the use of the most secure encryption
standard recognized by the Commission.
The requirements of this subsection shall be implemented not later than six (6) months after the date of the
enactment of this Act.
SEC. 24. Applicability to Government Contractors. – In entering into any contract that may involve accessing
or requiring sensitive personal information from one thousand (1,000) or more individuals, an agency shall
require a contractor and its employees to register their personal information processing system with the
Commission in accordance with this Act and to comply with the other provisions of this Act including the
immediately preceding section, in the same manner as agencies and government employees comply with
such requirements.
CHAPTER VIII
PENALTIES
SEC. 25. Unauthorized Processing of Personal Information and Sensitive Personal Information. – (a) The
unauthorized processing of personal information shall be penalized by imprisonment ranging from one (1) year
to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on persons who process personal information without
the consent of the data subject, or without being authorized under this Act or any existing law.
(b) The unauthorized processing of personal sensitive information shall be penalized by imprisonment ranging
from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed on persons who process personal
information without the consent of the data subject, or without being authorized under this Act or any existing
law.
SEC. 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence. – (a)
Accessing personal information due to negligence shall be penalized by imprisonment ranging from one (1)
year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00) shall be imposed on persons who, due to negligence, provided
access to personal information without being authorized under this Act or any existing law.
(b) Accessing sensitive personal information due to negligence shall be penalized by imprisonment ranging
from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed on persons who, due to negligence,
provided access to personal information without being authorized under this Act or any existing law.
SEC. 27. Improper Disposal of Personal Information and Sensitive Personal Information. – (a) The improper
disposal of personal information shall be penalized by imprisonment ranging from six (6) months to two (2)
years and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than Five
hundred thousand pesos (Php500,000.00) shall be imposed on persons who knowingly or negligently dispose,
discard or abandon the personal information of an individual in an area accessible to the public or has
otherwise placed the personal information of an individual in its container for trash collection.
b) The improper disposal of sensitive personal information shall be penalized by imprisonment ranging from
one (1) year to three (3) years and a fine of not less than One hundred thousand pesos (Php100,000.00) but
not more than One million pesos (Php1,000,000.00) shall be imposed on persons who knowingly or
negligently dispose, discard or abandon the personal information of an individual in an area accessible to the
public or has otherwise placed the personal information of an individual in its container for trash collection.
SEC. 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes.
–The processing of personal information for unauthorized purposes shall be penalized by imprisonment
ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed on
persons processing personal information for purposes not authorized by the data subject, or otherwise
authorized under this Act or under existing laws.
The processing of sensitive personal information for unauthorized purposes shall be penalized by
imprisonment ranging from two (2) years to seven (7) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons
processing sensitive personal information for purposes not authorized by the data subject, or otherwise
authorized under this Act or under existing laws.
SEC. 29. Unauthorized Access or Intentional Breach. – The penalty of imprisonment ranging from one (1) year
to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on persons who knowingly and unlawfully, or violating
data confidentiality and security data systems, breaks in any way into any system where personal and
sensitive personal information is stored.
SEC. 30. Concealment of Security Breaches Involving Sensitive Personal Information. – The penalty of
imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed on
persons who, after having knowledge of a security breach and of the obligation to notify the Commission
pursuant to Section 20(f), intentionally or by omission conceals the fact of such security breach.
SEC. 31. Malicious Disclosure. – Any personal information controller or personal information processor or any
of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false
information relative to any personal information or personal sensitive information obtained by him or her, shall
be subject to imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).
SEC. 32. Unauthorized Disclosure. – (a) Any personal information controller or personal information processor
or any of its officials, employees or agents, who discloses to a third party personal information not covered by
the immediately preceding section without the consent of the data subject, shall he subject to imprisonment
ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00).
(b) Any personal information controller or personal information processor or any of its officials, employees or
agents, who discloses to a third party sensitive personal information not covered by the immediately preceding
section without the consent of the data subject, shall be subject to imprisonment ranging from three (3) years
to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00).
SEC. 33. Combination or Series of Acts. – Any combination or series of acts as defined in Sections 25 to 32
shall make the person subject to imprisonment ranging from three (3) years to six (6) years and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00).
SEC. 34. Extent of Liability. – If the offender is a corporation, partnership or any juridical person, the penalty
shall be imposed upon the responsible officers, as the case may be, who participated in, or by their gross
negligence, allowed the commission of the crime. If the offender is a juridical person, the court may suspend
or revoke any of its rights under this Act. If the offender is an alien, he or she shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving the penalties prescribed. If the
offender is a public official or employee and lie or she is found guilty of acts penalized under Sections 27 and
28 of this Act, he or she shall, in addition to the penalties prescribed herein, suffer perpetual or temporary
absolute disqualification from office, as the case may be.
SEC. 35. Large-Scale. – The maximum penalty in the scale of penalties respectively provided for the
preceding offenses shall be imposed when the personal information of at least one hundred (100) persons is
harmed, affected or involved as the result of the above mentioned actions.
SEC. 36. Offense Committed by Public Officer. – When the offender or the person responsible for the offense
is a public officer as defined in the Administrative Code of the Philippines in the exercise of his or her duties,
an accessory penalty consisting in the disqualification to occupy public office for a term double the term of
criminal penalty imposed shall he applied.
SEC. 37. Restitution. – Restitution for any aggrieved party shall be governed by the provisions of the New Civil
Code.
CHAPTER IX
MISCELLANEOUS PROVISIONS
SEC. 38. Interpretation. – Any doubt in the interpretation of any provision of this Act shall be liberally
interpreted in a manner mindful of the rights and interests of the individual about whom personal information is
processed.
SEC. 39. Implementing Rules and Regulations (IRR). – Within ninety (90) days from the effectivity of this Act,
the Commission shall promulgate the rules and regulations to effectively implement the provisions of this Act.
SEC. 40. Reports and Information. – The Commission shall annually report to the President and Congress on
its activities in carrying out the provisions of this Act. The Commission shall undertake whatever efforts it may
determine to be necessary or appropriate to inform and educate the public of data privacy, data protection and
fair information rights and responsibilities.
SEC. 41. Appropriations Clause. – The Commission shall be provided with an initial appropriation of Twenty
million pesos (Php20,000,000.00) to be drawn from the national government. Appropriations for the
succeeding years shall be included in the General Appropriations Act. It shall likewise receive Ten million
pesos (Php10,000,000.00) per year for five (5) years upon implementation of this Act drawn from the national
government.
SEC. 42. Transitory Provision. – Existing industries, businesses and offices affected by the implementation of
this Act shall be given one (1) year transitory period from the effectivity of the IRR or such other period as may
be determined by the Commission, to comply with the requirements of this Act.
In case that the DICT has not yet been created by the time the law takes full force and effect, the National
Privacy Commission shall be attached to the Office of the President.
SEC. 43. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder
of the law or the provision not otherwise affected shall remain valid and subsisting.
SEC. 44. Repealing Clause. – The provision of Section 7 of Republic Act No. 9372, otherwise known as the
“Human Security Act of 2007”, is hereby amended. Except as otherwise expressly provided in this Act, all
other laws, decrees, executive orders, proclamations and administrative regulations or parts thereof
inconsistent herewith are hereby repealed or modified accordingly.
SEC. 45. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE
Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 2965 and House Bill No. 4115 was finally passed by the
Senate and the House of Representatives on June 6, 2012.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of the Senate
House of Representatives
Approved: AUG 15 2012
Republic Act No. 8293 June 6, 1997
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
PART I
THE INTELLECTUAL PROPERTY OFFICE
Section 1. Title. - This Act shall be known as the "Intellectual Property Code of the Philippines."
Section 2. Declaration of State Policy. - The State recognizes that an effective intellectual and industrial
property system is vital to the development of domestic and creative activity, facilitates transfer of technology,
attracts foreign investments, and ensures market access for our products. It shall protect and secure the
exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of
knowledge and information for the promotion of national development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and
copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of
intellectual property rights in the Philippines. (n)
Section 3. International Conventions and Reciprocity. - Any person who is a national or who is domiciled or
has a real and effective industrial establishment in a country which is a party to any convention, treaty or
agreement relating to intellectual property rights or the repression of unfair competition, to which the
Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to
benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in
addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. (n)
Section 4. Definitions. - 4.1. The term "intellectual property rights" consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
 c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).
4.2. The term "technology transfer arrangements" refers to contracts or agreements involving the transfer of
systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service
including management contracts; and the transfer, assignment or licensing of all forms of intellectual property
rights, including licensing of computer software except computer software developed for mass market.
4.3. The term "Office" refers to the Intellectual Property Office created by this Act.
4.4. The term "IPO Gazette" refers to the gazette published by the Office under this Act. (n)
Section 5. Functions of the Intellectual Property Office (IPO). - 5.1. To administer and implement the State
policies declared in this Act, there is hereby created the Intellectual Property Office (IPO) which shall have the
following functions:
a) Examine applications for grant of letters patent for inventions and register utility models and
industrial designs;
b) Examine applications for the registration of marks, geographic indication, integrated circuits;
c) Register technology transfer arrangements and settle disputes involving technology transfer
payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and
implement strategies to promote and facilitate technology transfer;
d) Promote the use of patent information as a tool for technology development;
e) Publish regularly in its own publication the patents, marks, utility models and industrial designs,
issued and approved, and the technology transfer arrangements registered;
f) Administratively adjudicate contested proceedings affecting intellectual property rights; and
g) Coordinate with other government agencies and the private sector efforts to formulate and
implement plans and policies to strengthen the protection of intellectual property rights in the
country.
5.2. The Office shall have custody of all records, books, drawings, specifications, documents, and other
papers and things relating to intellectual property rights applications filed with the Office. (n)
Section 6. The Organizational Structure of the IPO. - 6.1. The Office shall be headed by a Director General
who shall be assisted by two (2) Deputies Director General.
6.2. The Office shall be divided into six (6) Bureaus, each of which shall be headed by a Director and assisted
by an Assistant Director. These Bureaus are:
a) The Bureau of Patents;
b) The Bureau of Trademarks;
c) The Bureau of Legal Affairs;
d) The Documentation, Information and Technology Transfer Bureau;
e) The Management Information System and EDP Bureau; and
f) The Administrative, Financial and Personnel Services Bureau.
6.3. The Director General, Deputies Director General, Directors and Assistant Directors shall be appointed by
the President, and the other officers and employees of the Office by the Secretary of Trade and Industry,
conformably with and under the Civil Service Law. (n)
Section 7. The Director General and Deputies Director General. - 7.1. Functions. - The Director General shall
exercise the following powers and functions:
a) Manage and direct all functions and activities of the Office, including the promulgation of rules
and regulations to implement the objectives, policies, plans, programs and projects of the Office:
Provided, That in the exercise of the authority to propose policies and standards in relation to the
following: (1) the effective, efficient, and economical operations of the Office requiring statutory
enactment; (2) coordination with other agencies of government in relation to the enforcement of
intellectual property rights; (3) the recognition of attorneys, agents, or other persons representing
applicants or other parties before the Office; and (4) the establishment of fees for the filing and
processing of an application for a patent, utility model or industrial design or mark or a collective
mark, geographic indication and other marks of ownership, and for all other services performed
and materials furnished by the Office, the Director General shall be subject to the supervision of
the Secretary of Trade and Industry;
b) Exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal
Affairs, the Director of Patents, the Director of Trademarks, and the Director of the Documentation,
Information and Technology Transfer Bureau. The decisions of the Director General in the exercise
of his appellate jurisdiction in respect of the decisions of the Director of Patents, and the Director of
Trademarks shall be appealable to the Court of Appeals in accordance with the Rules of Court;
and those in respect of the decisions of the Director of Documentation, Information and
Technology Transfer Bureau shall be appealable to the Secretary of Trade and Industry; and
c) Exercise original jurisdiction to resolve disputes relating to the terms of a license involving the
author's right to public performance or other communication of his work. The decisions of the
Director General in these cases shall be appealable to the Secretary of Trade and Industry.
7.2. Qualifications. - The Director General and the Deputies Director General must be natural born citizens of
the Philippines, at least thirty-five (35) years of age on the day of their appointment, holders of a college
degree, and of proven competence, integrity, probity and independence: Provided, That the Director General
and at least one (1) Deputy Director General shall be members of the Philippine Bar who have engaged in the
practice of law for at least ten (10) years: Provided further, That in the selection of the Director General and
the Deputies Director General, consideration shall be given to such qualifications as would result, as far as
practicable, in the balanced representation in the Directorate General of the various fields of intellectual
property.
7.3. Term of Office. - The Director General and the Deputies Director General shall be appointed by the
President for a term of five (5) years and shall be eligible for reappointment only once: Provided, That the first
Director General shall have a first term of seven (7) years. Appointment to any vacancy shall be only for the
unexpired term of the predecessor.
7.4. The Office of the Director General. - The Office of the Director General shall consist of the Director
General and the Deputies Director General, their immediate staff and such Offices and Services that the
Director General will set up to support directly the Office of the Director General. (n)
Section 8. The Bureau of Patents. - The Bureau of Patents shall have the following functions:
8.1. Search and examination of patent applications and the grant of patents;
8.2. Registration of utility models, industrial designs, and integrated circuits; and
8.3. Conduct studies and researches in the field of patents in order to assist the Director General in
formulating policies on the administration and examination of patents. (n)
Section 9. The Bureau of Trademarks. - The Bureau of Trademarks shall have the following functions:
9.1. Search and examination of the applications for the registration of marks, geographic indications and other
marks of ownership and the issuance of the certificates of registration; and
9.2. Conduct studies and researches in the field of trademarks in order to assist the Director General in
formulating policies on the administration and examination of trademarks. (n)
Section 10. The Bureau of Legal Affairs. - The Bureau of Legal Affairs shall have the following functions:
10.1. Hear and decide opposition to the application for registration of marks; cancellation of trademarks;
subject to the provisions of Section 64, cancellation of patents, utility models, and industrial designs; and
petitions for compulsory licensing of patents;
10.2. (a) Exercise original jurisdiction in administrative complaints for violations of laws involving intellectual
property rights: Provided, That its jurisdiction is limited to complaints where the total damages claimed are not
less than Two hundred thousand pesos (P200,000): Provided further, That availment of the provisional
remedies may be granted in accordance with the Rules of Court. The Director of Legal Affairs shall have the
power to hold and punish for contempt all those who disregard orders or writs issued in the course of the
proceedings. (n)
(b) After formal investigation, the Director for Legal Affairs may impose one (1) or more of the
following administrative penalties:
(i) The issuance of a cease and desist order which shall specify the acts that the
respondent shall cease and desist from and shall require him to submit a compliance
report within a reasonable time which shall be fixed in the order;
(ii) The acceptance of a voluntary assurance of compliance or discontinuance as may
be imposed. Such voluntary assurance may include one or more of the following:
(1) An assurance to comply with the provisions of the intellectual property
law violated;
(2) An assurance to refrain from engaging in unlawful and unfair acts and
practices subject of the formal investigation;
(3) An assurance to recall, replace, repair, or refund the money value of
defective goods distributed in commerce; and
(4) An assurance to reimburse the complainant the expenses and costs
incurred in prosecuting the case in the Bureau of Legal Affairs.
The Director of Legal Affairs may also require the respondent to submit periodic
compliance reports and file a bond to guarantee compliance of his undertaking;
(iii) The condemnation or seizure of products which are subject of the offense. The
goods seized hereunder shall be disposed of in such manner as may be deemed
appropriate by the Director of Legal Affairs, such as by sale, donation to distressed
local governments or to charitable or relief institutions, exportation, recycling into other
goods, or any combination thereof, under such guidelines as he may provide;
(iv) The forfeiture of paraphernalia and all real and personal properties which have
been used in the commission of the offense;
(v) The imposition of administrative fines in such amount as deemed reasonable by the
Director of Legal Affairs, which shall in no case be less than Five thousand pesos
(P5,000) nor more than One hundred fifty thousand pesos (P150,000). In addition, an
additional fine of not more than One thousand pesos (P1,000) shall be imposed for
each day of continuing violation;
(vi) The cancellation of any permit, license, authority, or registration which may have
been granted by the Office, or the suspension of the validity thereof for such period of
time as the Director of Legal Affairs may deem reasonable which shall not exceed one
(1) year;
(vii) The withholding of any permit, license, authority, or registration which is being
secured by the respondent from the Office;
(viii) The assessment of damages;
(ix) Censure; and
(x) Other analogous penalties or sanctions. (Secs. 6, 7, 8, and 9, Executive Order No.
913 [1983]a)
10.3. The Director General may by Regulations establish the procedure to govern the implementation of this
Section. (n)
Section 11. The Documentation, Information and Technology Transfer Bureau. - The Documentation,
Information and Technology Transfer Bureau shall have the following functions:
11.1. Support the search and examination activities of the Office through the following activities:
(a) Maintain and upkeep classification systems whether they be national or international such as
the International Patent Classification (IPC) system;
(b) Provide advisory services for the determination of search patterns;
(c) Maintain search files and search rooms and reference libraries; and
(d) Adapt and package industrial property information.
11.2. Establish networks or intermediaries or regional representatives;
11.3. Educate the public and build awareness on intellectual property through the conduct of seminars and
lectures, and other similar activities;
11.4. Establish working relations with research and development institutions as well as with local and
international intellectual property professional groups and the like;
11.5. Perform state-of-the-art searches;
11.6. Promote the use of patent information as an effective tool to facilitate the development of technology in
the country;
11.7. Provide technical, advisory, and other services relating to the licensing and promotion of technology, and
carry out an efficient and effective program for technology transfer; and
11.8. Register technology transfer arrangements, and settle disputes involving technology transfer payments.
(n)
Section 12. The Management Information Services and EDP Bureau. - The Management Information
Services and EDP Bureau shall:
12.1. Conduct automation planning, research and development, testing of systems, contracts with firms,
contracting, purchase and maintenance of equipment, design and maintenance of systems, user consultation,
and the like; and
12.2. Provide management information support and service to the Office. (n)
Section 13. The Administrative, Financial and Human Resource Development Service Bureau. - 13.1. The
Administrative Service shall: (a) Provide services relative to procurement and allocation of supplies and
equipment, transportation, messengerial work, cashiering, payment of salaries and other Office's obligations,
office maintenance, proper safety and security, and other utility services; and comply with government
regulatory requirements in the areas of performance appraisal, compensation and benefits, employment
records and reports;
(b) Receive all applications filed with the Office and collect fees therefor, and
(c) Publish patent applications and grants, trademark applications, and registration of marks,
industrial designs, utility models, geographic indication, and lay-out-designs of integrated circuits
registrations.
13.2. The Patent and Trademark Administration Services shall perform the following functions among others:
(a) Maintain registers of assignments, mergings, licenses, and bibliographic on patents and
trademarks;
(b) Collect maintenance fees, issue certified copies of documents in its custody and perform similar
other activities; and
(c) Hold in custody all the applications filed with the office, and all patent grants, certificate of
registrations issued by the office, and the like.
13.3. The Financial Service shall formulate and manage a financial program to ensure availability and proper
utilization of funds; provide for an effective monitoring system of the financial operations of the Office; and
13.4. The Human Resource Development Service shall design and implement human resource development
plans and programs for the personnel of the Office; provide for present and future manpower needs of the
organization; maintain high morale and favorable employee attitudes towards the organization through the
continuing design and implementation of employee development programs. (n)
Section 14. Use of Intellectual Property Rights Fees by the IPO. - 14.1. For a more effective and expeditious
implementation of this Act, the Director General shall be authorized to retain, without need of a separate
approval from any government agency, and subject only to the existing accounting and auditing rules and
regulations, all the fees, fines, royalties and other charges, collected by the Office under this Act and the other
laws that the Office will be mandated to administer, for use in its operations, like upgrading of its facilities,
equipment outlay, human resource development, and the acquisition of the appropriate office space, among
others, to improve the delivery of its services to the public. This amount, which shall be in addition to the
Office's annual budget, shall be deposited and maintained in a separate account or fund, which may be used
or disbursed directly by the Director General.
14.2. After five (5) years from the coming into force of this Act, the Director General shall, subject to the
approval of the Secretary of Trade and Industry, determine if the fees and charges mentioned in Subsection
14.1 hereof that the Office shall collect are sufficient to meet its budgetary requirements. If so, it shall retain all
the fees and charges it shall collect under the same conditions indicated in said Subsection 14.1 but shall
forthwith, cease to receive any funds from the annual budget of the National Government; if not, the provisions
of said Subsection 14.1 shall continue to apply until such time when the Director General, subject to the
approval of the Secretary of Trade and Industry, certifies that the above-stated fees and charges the Office
shall collect are enough to fund its operations. (n)
Section 15. Special Technical and Scientific Assistance. - The Director General is empowered to obtain the
assistance of technical, scientific or other qualified officers and employees of other departments, bureaus,
offices, agencies and instrumentalities of the Government, including corporations owned, controlled or
operated by the Government, when deemed necessary in the consideration of any matter submitted to the
Office relative to the enforcement of the provisions of this Act. (Sec. 3, R.A. No. 165a)
Section 16. Seal of Office. - The Office shall have a seal, the form and design of which shall be approved by
the Director General. (Sec. 4, R.A. No. 165a)
Section 17. Publication of Laws and Regulations. - The Director General shall cause to be printed and make
available for distribution, pamphlet copies of this Act, other pertinent laws, executive orders and information
circulars relating to matters within the jurisdiction of the Office. (Sec. 5, R.A. No. 165a)
Section 18. The IPO Gazette. - All matters required to be published under this Act shall be published in the
Office's own publication to be known as the IPO Gazette. (n)
Section 19. Disqualification of Officers and Employees of the Office. - All officers and employees of the Office
shall not apply or act as an attorney or patent agent of an application for a grant of patent, for the registration
of a utility model, industrial design or mark nor acquire, except by hereditary succession, any patent or utility
model, design registration, or mark or any right, title or interest therein during their employment and for one (1)
year thereafter. (Sec. 77, R.A. No. 165a)
PART II
THE LAW ON PATENTS
CHAPTER I
GENERAL PROVISIONS
Section 20. Definition of Terms Used in Part II, The Law on Patents. - As used in Part II, the following terms
shall have the following meanings:
20.1. "Bureau" means the Bureau of Patents,
20.2. "Director" means the Director of Patents;
20.3. "Regulations" means the Rules of Practice in Patent Cases formulated by the Director of
Patents and promulgated by the Director General;
20.4. "Examiner" means the patent examiner;
 20.5. "Patent application" or "application" means an application for a patent for an invention except
in Chapters XII and XIII, where "application" means an application for a utility model and an
industrial design, respectively; and
20.6. "Priority date" means the date of filing of the foreign application for the same invention
referred to in Section 31 of this Act. (n)
CHAPTER II
PATENTABILITY
Section 21. Patentable Inventions. - Any technical solution of a problem in any field of human activity which is
new, involves an inventive step and is industrially applicable shall be Patentable. It may be, or may relate to, a
product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)
Section 22. Non-Patentable Inventions. - The following shall be excluded from patent protection:
22.1. Discoveries, scientific theories and mathematical methods;
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs
for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods
practiced on the human or animal body. This provision shall not apply to products and composition for use in
any of these methods;
22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals.
This provision shall not apply to micro-organisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui
generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)
Section 23. Novelty. . - An invention shall not be considered new if it forms part of a prior art. (Sec. 9, R.A. No.
165a)
Section 24. Prior Art. - Prior art shall consist of:
24.1. Everything which has been made available to the public anywhere in the world, before the filing date or
the priority date of the application claiming the invention; and
24.2. The whole contents of an application for a patent, utility model, or industrial design registration,
published in accordance with this Act, filed or effective in the Philippines, with a filing or priority date that is
earlier than the filing or priority date of the application: Provided, That the application which has validly claimed
the filing date of an earlier application under Section 31 of this Act, shall be prior art with effect as of the filing
date of such earlier application: Provided further, That the applicant or the inventor identified in both
applications are not one and the same. (Sec. 9, R.A. No. 165a)
Section 25. Non-Prejudicial Disclosure. . - 25.1. The disclosure of information contained in the application
during the twelve (12) months preceding the filing date or the priority date of the application shall not prejudice
the applicant on the ground of lack of novelty if such disclosure was made by:
(a) The inventor;
(b) A patent office and the information was contained (a) in another application filed by the inventor
and should not have been disclosed by the office, or (b) in an application filed without the
knowledge or consent of the inventor by a third party which obtained the information directly or
indirectly from the inventor; or
(c) A third party which obtained the information directly or indirectly from the inventor.
25.2. For the purposes of Subsection 25.1, "inventor" also means any person who, at the filing date of
application, had the right to the patent. (n)
Section 26. Inventive Step. - An invention involves an inventive step if, having regard to prior art, it is not
obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the
invention. (n)
Section 27. Industrial Applicability. - An invention that can be produced and used in any industry shall be
industrially applicable. (n)
CHAPTER III
RIGHT TO A PATENT
Section 28. Right to a Patent. - The right to a patent belongs to the inventor, his heirs, or assigns. When two
(2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly. (Sec. 10,
R.A. No. 165a)
Section 29. First to File Rule. - If two (2) or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to the person who filed an application for such
invention, or where two or more applications are filed for the same invention, to the applicant who has the
earliest filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a.)
Section 30. Inventions Created Pursuant to a Commission. - 30.1. The person who commissions the work
shall own the patent, unless otherwise provided in the contract.
30.2. In case the employee made the invention in the course of his employment contract, the patent shall
belong to:
(a) The employee, if the inventive activity is not a part of his regular duties even if the employee
uses the time, facilities and materials of the employer.
(b) The employer, if the invention is the result of the performance of his regularly-assigned duties,
unless there is an agreement, express or implied, to the contrary. (n)
Section 31. Right of Priority. . - An application for patent filed by any person who has previously applied for
the same invention in another country which by treaty, convention, or law affords similar privileges to Filipino
citizens, shall be considered as filed as of the date of filing the foreign application: Provided, That: (a) the local
application expressly claims priority; (b) it is filed within twelve (12) months from the date the earliest foreign
application was filed; and (c) a certified copy of the foreign application together with an English translation is
filed within six (6) months from the date of filing in the Philippines. (Sec. 15, R.A. No. 165a)
CHAPTER IV
PATENT APPLICATION
Section 32. The Application. - 32.1. The patent application shall be in Filipino or English and shall contain the
following:
 (a) A request for the grant of a patent;
(b) A description of the invention;
(c) Drawings necessary for the understanding of the invention;
(d) One or more claims; and
(e) An abstract.
32.2. No patent may be granted unless the application identifies the inventor. If the applicant is not the
inventor, the Office may require him to submit said authority. (Sec. 13, R.A. No. 165a)
Section 33. Appointment of Agent or Representative. - An applicant who is not a resident of the Philippines
must appoint and maintain a resident agent or representative in the Philippines upon whom notice or process
for judicial or administrative procedure relating to the application for patent or the patent may be served. (Sec.
11, R.A. No. 165a)
Section 34. The Request. - The request shall contain a petition for the grant of the patent, the name and other
data of the applicant, the inventor and the agent and the title of the invention. (n)
Section 35. Disclosure and Description of the Invention. - 35.1. Disclosure. - The application shall disclose the
invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
Where the application concerns a microbiological process or the product thereof and involves the use of a
micro-organism which cannot be sufficiently disclosed in the application in such a way as to enable the
invention to be carried out by a person skilled in the art, and such material is not available to the public, the
application shall be supplemented by a deposit of such material with an international depository institution.
35.2. Description. - The Regulations shall prescribe the contents of the description and the order of
presentation. (Sec. 14, R.A. No. 165a)
Section 36. The Claims. - 36.1. The application shall contain one (1) or more claims which shall define the
matter for which protection is sought. Each claim shall be clear and concise, and shall be supported by the
description.
36.2. The Regulations shall prescribe the manner of the presentation of claims. (n)
Section 37. The Abstract. - The abstract shall consist of a concise summary of the disclosure of the invention
as contained in the description, claims and drawings in preferably not more than one hundred fifty (150) words.
It must be drafted in a way which allows the clear understanding of the technical problem, the gist of the
solution of that problem through the invention, and the principal use or uses of the invention. The abstract shall
merely serve for technical information. (n)
Section 38. Unity of Invention. - 38.1. The application shall relate to one invention only or to a group of
inventions forming a single general inventive concept.
38.2. If several independent inventions which do not form a single general inventive concept are claimed in
one application, the Director may require that the application be restricted to a single invention. A later
application filed for an invention divided out shall be considered as having been filed on the same day as the
first application: Provided, That the later application is filed within four (4) months after the requirement to
divide becomes final or within such additional time, not exceeding four (4) months, as may be granted:
Provided further, That each divisional application shall not go beyond the disclosure in the initial application.
38.3. The fact that a patent has been granted on an application that did not comply with the requirement of
unity of invention shall not be a ground to cancel the patent. (Sec. 17, R.A. No. 165a)
Section 39. Information Concerning Corresponding Foreign Application for Patents. - The applicant shall, at
the request of the Director, furnish him with the date and number of any application for a patent filed by him
abroad, hereafter referred to as the "foreign application," relating to the same or essentially the same invention
as that claimed in the application filed with the Office and other documents relating to the foreign application.
(n)
CHAPTER V
PROCEDURE FOR GRANT OF PATENT
Section 40. Filing Date Requirements. - 40.1. The filing date of a patent application shall be the date of receipt
by the Office of at least the following elements:
(a) An express or implicit indication that a Philippine patent is sought;
(b) Information identifying the applicant; and
(c) Description of the invention and one (1) or more claims in Filipino or English.
40.2. If any of these elements is not submitted within the period set by the Regulations, the application shall be
considered withdrawn. (n)
Section 41. According a Filing Date. - The Office shall examine whether the patent application satisfies the
requirements for the grant of date of filing as provided in Section 40 hereof. If the date of filing cannot be
accorded, the applicant shall be given an opportunity to correct the deficiencies in accordance with the
implementing Regulations. If the application does not contain all the elements indicated in Section 40, the filing
date should be that date when all the elements are received. If the deficiencies are not remedied within the
prescribed time limit, the application shall be considered withdrawn. (n)
Section 42. Formality Examination. - 42.1. After the patent application has been accorded a filing date and the
required fees have been paid on time in accordance with the Regulations, the applicant shall comply with the
formal requirements specified by Section 32 and the Regulations within the prescribed period, otherwise the
application shall be considered withdrawn.
42.2. The Regulations shall determine the procedure for the re-examination and revival of an application as
well as the appeal to the Director of Patents from any final action by the examiner. (Sec. 16, R.A. No. 165a)
Section 43. Classification and Search. - An application that has complied with the formal requirements shall
be classified and a search conducted to determine the prior art. (n)
Section 44. Publication of Patent Application. - 44.1. The patent application shall be published in the IPO
Gazette together with a search document established by or on behalf of the Office citing any documents that
reflect prior art, after the expiration of eighteen ( 18) months from the filing date or priority date.
44.2. After publication of a patent application, any interested party may inspect the application documents filed
with the Office.
44.3. The Director General subject to the approval of the Secretary of Trade and Industry, may prohibit or
restrict the publication of an application, if in his opinion, to do so would be prejudicial to the national security
and interests of the Republic of the Philippines. (n)
Section 45. Confidentiality Before Publication. - A patent application, which has not yet been published, and
all related documents, shall not be made available for inspection without the consent of the applicant. (n)
Section 46. Rights Conferred by a Patent Application After Publication. - The applicant shall have all the rights
of a patentee under Section 76 against any person who, without his authorization, exercised any of the rights
conferred under Section 71 of this Act in relation to the invention claimed in the published patent application,
as if a patent had been granted for that invention: Provided, That the said person had:
46.1. Actual knowledge that the invention that he was using was the subject matter of a published application;
or
46.2. Received written notice that the invention that he was using was the subject matter of a published
application being identified in the said notice by its serial number: Provided, That the action may not be filed
until after the grant of a patent on the published application and within four (4) years from the commission of
the acts complained of. (n)
Section 47. Observation by Third Parties. - Following the publication of the patent application, any person
may present observations in writing concerning the patentability of the invention. Such observations shall be
communicated to the applicant who may comment on them. The Office shall acknowledge and put such
observations and comment in the file of the application to which it relates. (n)
Section 48. Request for Substantive Examination. - 48.1. The application shall be deemed withdrawn unless
within six (6) months from the date of publication under Section 41, a written request to determine whether a
patent application meets the requirements of Sections 21 to 27 and Sections 32 to 39 and the fees have been
paid on time.
48.2. Withdrawal of the request for examination shall be irrevocable and shall not authorize the refund of any
fee. (n)
Section 49. Amendment of Application. - An applicant may amend the patent application during examination:
Provided, That such amendment shall not include new matter outside the scope of the disclosure contained in
the application as filed. (n)
Section 50. Grant of Patent. - 50.1. If the application meets the requirements of this Act, the Office shall grant
the patent: Provided, That all the fees are paid on time.
50.2. If the required fees for grant and printing are not paid in due time, the application shall be deemed to be
withdrawn.
50.3. A patent shall take effect on the date of the publication of the grant of the patent in the IPO Gazette. (Sec.
18, R.A. No. 165a)
Section 51. Refusal of the Application. - 51.1. The final order of refusal of the examiner to grant the patent
shall be appealable to the Director in accordance with this Act.
51.2. The Regulations shall provide for the procedure by which an appeal from the order of refusal from the
Director shall be undertaken. (n)
Section 52. Publication Upon Grant of Patent. - 52.1. The grant of the patent together with other related
information shall be published in the IPO Gazette within the time prescribed by the Regulations.
52.2. Any interested party may inspect the complete description, claims, and drawings of the patent on file with
the Office. (Sec. 18, R.A. No. 165a)
Section 53. Contents of Patent. - The patent shall be issued in the name of the Republic of the Philippines
under the seal of the Office and shall be signed by the Director, and registered together with the description,
claims, and drawings, if any, in books and records of the Office. (Secs. 19 and 20, R.A. No. 165a)
Section 54. Term of Patent. - The term of a patent shall be twenty (20) years from the filing date of the
application. (Sec. 21, R.A. No. 165a)
Section 55. Annual Fees. - 55.1. To maintain the patent application or patent, an annual fee shall be paid
upon the expiration of four (4) years from the date the application was published pursuant to Section 44 hereof,
and on each subsequent anniversary of such date. Payment may be made within three (3) months before the
due date. The obligation to pay the annual fees shall terminate should the application be withdrawn, refused,
or cancelled.
55.2. If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent considered
as lapsed from the day following the expiration of the period within which the annual fees were due. A notice
that the application is deemed withdrawn or the lapse of a patent for non-payment of any annual fee shall be
published in the IPO Gazette and the lapse shall be recorded in the Register of the Office.
55.3. A grace period of six (6) months shall be granted for the payment of the annual fee, upon payment of the
prescribed surcharge for delayed payment. (Sec. 22, R.A. No. 165a)
Section 56. Surrender of Patent. - 56.1. The owner of the patent, with the consent of all persons having grants
or licenses or other right, title or interest in and to the patent and the invention covered thereby, which have
been recorded in the Office, may surrender his patent or any claim or claims forming part thereof to the Office
for cancellation.
56.2. A person may give notice to the Office of his opposition to the surrender of a patent under this section,
and if he does so, the Bureau shall notify the proprietor of the patent and determine the question.
56.3. If the Office is satisfied that the patent may properly be surrendered, he may accept the offer and, as
from the day when notice of his acceptance is published in the IPO Gazette, the patent shall cease to have
effect, but no action for infringement shall lie and no right compensation shall accrue for any use of the
patented invention before that day for the services of the government. (Sec. 24, R.A. No. 165a)
Section 57. Correction of Mistakes of the Office. - The Director shall have the power to correct, without fee,
any mistake in a patent incurred through the fault of the Office when clearly disclosed in the records thereof, to
make the patent conform to the records. (Sec. 25, R.A. No. 165)
Section 58. Correction of Mistake in the Application. - On request of any interested person and payment of the
prescribed fee, the Director is authorized to correct any mistake in a patent of a formal and clerical nature, not
incurred through the fault of the Office. (Sec. 26, R.A. No. 165a)
Section 59. Changes in Patents. - 59.1. The owner of a patent shall have the right to request the Bureau to
make the changes in the patent in order to:
(a) Limit the extent of the protection conferred by it;
(b) Correct obvious mistakes or to correct clerical errors; and
(c) Correct mistakes or errors, other than those referred to in letter (b), made in good faith:
Provided, That where the change would result in a broadening of the extent of protection conferred
by the patent, no request may be made after the expiration of two (2) years from the grant of a
patent and the change shall not affect the rights of any third party which has relied on the patent,
as published.
59.2. No change in the patent shall be permitted under this section, where the change would result in the
disclosure contained in the patent going beyond the disclosure contained in the application filed.
59.3. If, and to the extent to which the Office changes the patent according to this section, it shall publish the
same. (n)
Section 60. Form and Publication of Amendment. - An amendment or correction of a patent shall be
accomplished by a certificate of such amendment or correction, authenticated by the seal of the Office and
signed by the Director, which certificate shall be attached to the patent. Notice of such amendment or CHAPTER VII
correction shall be published in the IPO Gazette and copies of the patent kept or furnished by the Office shall REMEDIES OF A PERSON WITH A RIGHT TO A PATENT
include a copy of the certificate of amendment or correction. (Sec. 27, R.A. No. 165)

Section 67. Patent Application by Persons Not Having the Right to a Patent. . - 67.1. If a person referred to in
CHAPTER VI Section 29 other than the applicant, is declared by final court order or decision as having the right to the patent,
CANCELLATION OF PATENTS AND SUBSTITUTION OF PATENTEE such person may, within three (3) months after the decision has become final:

Section 61. Cancellation of Patents. - 61.1. Any interested person may, upon payment of the required fee, (a) Prosecute the application as his own application in place of the applicant;
petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds:

(b) File a new patent application in respect of the same invention;

(a) That what is claimed as the invention is not new or Patentable;
(c) Request that the application be refused; or
(b) That the patent does not disclose the invention in a manner sufficiently clear and complete for it
to be carried out by any person skilled in the art; or
(d) Seek cancellation of the patent, if one has already been issued.

(c) That the patent is contrary to public order or morality.

67.2. The provisions of Subsection 38.2 shall apply mutatis mutandis to a new application filed under
Subsection 67. 1(b). (n)
61.2. Where the grounds for cancellation relate to some of the claims or parts of the claim, cancellation may
be effected to such extent only. (Secs. 28 and 29, R.A. No. 165a)
Section 68. Remedies of the True and Actual Inventor. - If a person, who was deprived of the patent without
his consent or through fraud is declared by final court order or decision to be the true and actual inventor, the
Section 62. Requirement of the Petition. - The petition for cancellation shall be in writing, verified by the court shall order for his substitution as patentee, or at the option of the true inventor, cancel the patent, and
petitioner or by any person in his behalf who knows the facts, specify the grounds upon which it is based, award actual and other damages in his favor if warranted by the circumstances. (Sec. 33, R.A. No. 165a)
include a statement of the facts to be relied upon, and filed with the Office. Copies of printed publications or of
patents of other countries, and other supporting documents mentioned in the petition shall be attached thereto,
together with the translation thereof in English, if not in the English language. (Sec. 30, R.A. No. 165) Section 69. Publication of the Court Order. - The court shall furnish the Office a copy of the order or decision
referred to in Sections 67 and 68, which shall be published in the IPO Gazette within three (3) months from the
date such order or decision became final and executory, and shall be recorded in the register of the Office. (n)
Section 63. Notice of Hearing. - Upon filing of a petition for cancellation, the Director of Legal Affairs shall
forthwith serve notice of the filing thereof upon the patentee and all persons having grants or licenses, or any
other right, title or interest in and to the patent and the invention covered thereby, as appears of record in the Section 70. Time to File Action in Court. - The actions indicated in Sections 67 and 68 shall be filed within one
Office, and of notice of the date of hearing thereon on such persons and the petitioner. Notice of the filing of (1) year from the date of publication made in accordance with Sections 44 and 51, respectively. (n)
the petition shall be published in the IPO Gazette. (Sec. 31, R.A. No. 165a)
CHAPTER VIII
Section 64. Committee of Three. - In cases involving highly technical issues, on motion of any party, the RIGHTS OF PATENTEES AND INFRINGEMENT OF PATENTS
Director of Legal Affairs may order that the petition be heard and decided by a committee composed of the
Director of Legal Affairs as chairman and two (2) members who have the experience or expertise in the field of
Section 71. Rights Conferred by Patent. - 71.1. A patent shall confer on its owner the following exclusive
technology to which the patent sought to be cancelled relates. The decision of the committee shall be
rights:
appealable to the Director General. (n)

(a) Where the subject matter of a patent is a product, to restrain, prohibit and prevent any
Section 65. Cancellation of the Patent. - 65.1. If the Committee finds that a case for cancellation has been
unauthorized person or entity from making, using, offering for sale, selling or importing that product;
proved, it shall order the patent or any specified claim or claims thereof cancelled.

(b) Where the subject matter of a patent is a process, to restrain, prevent or prohibit any
65.2. If the Committee finds that, taking into consideration the amendment made by the patentee during the
unauthorized person or entity from using the process, and from manufacturing, dealing in, using,
cancellation proceedings, the patent and the invention to which it relates meet the requirement of this Act, it
selling or offering for sale, or importing any product obtained directly or indirectly from such
may decide to maintain the patent as amended: Provided, That the fee for printing of a new patent is paid
process.
within the time limit prescribed in the Regulations.

71.2. Patent owners shall also have the right to assign, or transfer by succession the patent, and to conclude
65.3. If the fee for the printing of a new patent is not paid in due time, the patent should be revoked.
licensing contracts for the same. (Sec. 37, R.A. No. 165a)

65.4. If the patent is amended under Subsection 65.2 hereof, the Bureau shall, at the same time as it
Section 72. Limitations of Patent Rights. - The owner of a patent has no right to prevent third parties from
publishes the mention of the cancellation decision, publish the abstract, representative claims and drawings
performing, without his authorization, the acts referred to in Section 71 hereof in the following circumstances:
indicating clearly what the amendments consist of. (n)

72.1. Using a patented product which has been put on the market in the Philippines by the owner of the
Section 66. Effect of Cancellation of Patent or Claim. - The rights conferred by the patent or any specified
product, or with his express consent, insofar as such use is performed after that product has been so put on
claim or claims cancelled shall terminate. Notice of the cancellation shall be published in the IPO Gazette.
the said market;
Unless restrained by the Director General, the decision or order to cancel by Director of Legal Affairs shall be
immediately executory even pending appeal. (Sec. 32, R.A. No. 165a)
72.2. Where the act is done privately and on a non-commercial scale or for a non-commercial purpose:
Provided, That it does not significantly prejudice the economic interests of the owner of the patent;
72.3. Where the act consists of making or using exclusively for the purpose of experiments that relate to the
subject matter of the patented invention;
72.4. Where the act consists of the preparation for individual cases, in a pharmacy or by a medical
professional, of a medicine in accordance with a medical prescription or acts concerning the medicine so
prepared;
72.5. Where the invention is used in any ship, vessel, aircraft, or land vehicle of any other country entering the
territory of the Philippines temporarily or accidentally: Provided, That such invention is used exclusively for the
needs of the ship, vessel, aircraft, or land vehicle and not used for the manufacturing of anything to be sold
within the Philippines. (Secs. 38 and 39, R.A. No. 165a)
Section 73. Prior User. - 73.1. Notwithstanding Section 72 hereof, any prior user, who, in good faith was using
the invention or has undertaken serious preparations to use the invention in his enterprise or business, before
the filing date or priority date of the application on which a patent is granted, shall have the right to continue
the use thereof as envisaged in such preparations within the territory where the patent produces its effect.
73.2. The right of the prior user may only be transferred or assigned together with his enterprise or business,
or with that part of his enterprise or business in which the use or preparations for use have been made. (Sec.
40, R.A. No. 165a)
Section 74. Use of Invention by Government. - 74.1. A Government agency or third person authorized by the
Government may exploit the invention even without agreement of the patent owner where:
(a) The public interest, in particular, national security, nutrition, health or the development of other
sectors, as determined by the appropriate agency of the government, so requires; or
(b) A judicial or administrative body has determined that the manner of exploitation, by the owner
of the patent or his licensee is anti-competitive.
74.2. The use by the Government, or third person authorized by the Government shall be subject, mutatis
mutandis, to the conditions set forth in Sections 95 to 97 and 100 to 102. (Sec. 41, R.A. No. 165a)
Section 75. Extent of Protection and Interpretation of Claims. - 75.1. The extent of protection conferred by the
patent shall be determined by the claims, which are to be interpreted in the light of the description and
drawings.
75.2. For the purpose of determining the extent of protection conferred by the patent, due account shall be
taken of elements which are equivalent to the elements expressed in the claims, so that a claim shall be
considered to cover not only all the elements as expressed therein, but also equivalents. (n)
Section 76. Civil Action for Infringement. - 76.1. The making, using, offering for sale, selling, or importing a
patented product or a product obtained directly or indirectly from a patented process, or the use of a patented
process without the authorization of the patentee constitutes patent infringement.
76.2. Any patentee, or anyone possessing any right, title or interest in and to the patented invention, whose
rights have been infringed, may bring a civil action before a court of competent jurisdiction, to recover from the
infringer such damages sustained thereby, plus attorney's fees and other expenses of litigation, and to secure
an injunction for the protection of his rights.
76.3. If the damages are inadequate or cannot be readily ascertained with reasonable certainty, the court may
award by way of damages a sum equivalent to reasonable royalty.
76.4. The court may, according to the circumstances of the case, award damages in a sum above the amount
found as actual damages sustained: Provided, That the award does not exceed three (3) times the amount of
such actual damages.
76.5. The court may, in its discretion, order that the infringing goods, materials and implements predominantly
used in the infringement be disposed of outside the channels of commerce or destroyed, without
compensation.
76.6. Anyone who actively induces the infringement of a patent or provides the infringer with a component of a
patented product or of a product produced because of a patented process knowing it to be especially adopted
for infringing the patented invention and not suitable for substantial non-infringing use shall be liable as a
contributory infringer and shall be jointly and severally liable with the infringer. (Sec. 42, R.A. No. 165a)
Section 77. Infringement Action by a Foreign National. - Any foreign national or juridical entity who meets the
requirements of Section 3 and not engaged in business in the Philippines, to which a patent has been granted
or assigned under this Act, may bring an action for infringement of patent, whether or not it is licensed to do
business in the Philippines under existing law. (Sec. 41-A, R.A. No. 165a)
Section 78. Process Patents; Burden of Proof . - If the subject matter of a patent is a process for obtaining a
product, any identical product shall be presumed to have been obtained through the use of the patented
process if the product is new or there is substantial likelihood that the identical product was made by the
process and the owner of the patent has been unable despite reasonable efforts, to determine the process
actually used. In ordering the defendant to prove that the process to obtain the identical product is different
from the patented process, the court shall adopt measures to protect, as far as practicable, his manufacturing
and business secrets. (n)
Section 79. Limitation of Action for Damages. - No damages can be recovered for acts of infringement
committed more than four (4) years before the institution of the action for infringement. (Sec. 43, R.A. No. 165)
Section 80. Damages, Requirement of Notice. - Damages cannot be recovered for acts of infringement
committed before the infringer had known, or had reasonable grounds to know of the patent. It is presumed
that the infringer had known of the patent if on the patented product, or on the container or package in which
the article is supplied to the public, or on the advertising material relating to the patented product or process,
are placed the words "Philippine Patent" with the number of the patent. (Sec. 44, R.A. No. 165a)
Section 81. Defenses in Action for Infringement. - In an action for infringement, the defendant, in addition to
other defenses available to him, may show the invalidity of the patent, or any claim thereof, on any of the
grounds on which a petition of cancellation can be brought under Section 61 hereof. (Sec. 45, R.A. No. 165)
Section 82. Patent Found Invalid May be Cancelled. - In an action for infringement, if the court shall find the
patent or any claim to be invalid, it shall cancel the same, and the Director of Legal Affairs upon receipt of the
final judgment of cancellation by the court, shall record that fact in the register of the Office and shall publish a
notice to that effect in the IPO Gazette. (Sec. 46, R.A. No. 165a)
Section 83. Assessor in Infringement Action. - 83.1. Two (2) or more assessors may be appointed by the
court. The assessors shall be possessed of the necessary scientific and technical knowledge required by the
subject matter in litigation. Either party may challenge the fitness of any assessor proposed for appointment.
83.2. Each assessor shall receive a compensation in an amount to be fixed by the court and advanced by the
complaining party, which shall be awarded as part of his costs should he prevail in the action. (Sec. 47, R.A.
No. 165a)
Section 84. Criminal Action for Repetition of Infringement. - If infringement is repeated by the infringer or by
anyone in connivance with him after finality of the judgment of the court against the infringer, the offenders
shall, without prejudice to the institution of a civil action for damages, be criminally liable therefor and, upon
conviction, shall suffer imprisonment for the period of not less than six (6) months but not more than three (3)
years and/or a fine of not less than One hundred thousand pesos (P100,000) but not more than Three
hundred thousand pesos (P300,000), at the discretion of the court. The criminal action herein provided shall
prescribe in three (3) years from date of the commission of the crime. (Sec. 48, R.A. No. 165a)
CHAPTER IX
VOLUNTARY LICENSING
Section 85. Voluntary License Contract. - To encourage the transfer and dissemination of technology, prevent
or control practices and conditions that may in particular cases constitute an abuse of intellectual property
rights having an adverse effect on competition and trade, all technology transfer arrangements shall comply
with the provisions of this Chapter. (n)
Section 86. Jurisdiction to Settle Disputes on Royalties. - The Director of the Documentation, Information and
Technology Transfer Bureau shall exercise quasi-judicial jurisdiction in the settlement of disputes between
parties to a technology transfer arrangement arising from technology transfer payments, including the fixing of
appropriate amount or rate of royalty. (n)
Section 87. Prohibited Clauses. - Except in cases under Section 91, the following provisions shall be deemed
prima facie to have an adverse effect on competition and trade:
87.1. Those which impose upon the licensee the obligation to acquire from a specific source capital goods,
intermediate products, raw materials, and other technologies, or of permanently employing personnel
indicated by the licensor;
87.2. Those pursuant to which the licensor reserves the right to fix the sale or resale prices of the products
manufactured on the basis of the license;
87.3. Those that contain restrictions regarding the volume and structure of production;
87.4. Those that prohibit the use of competitive technologies in a non-exclusive technology transfer agreement;
87.5. Those that establish a full or partial purchase option in favor of the licensor;
87.6. Those that obligate the licensee to transfer for free to the licensor the inventions or improvements that
may be obtained through the use of the licensed technology;
87.7. Those that require payment of royalties to the owners of patents for patents which are not used;
87.8. Those that prohibit the licensee to export the licensed product unless justified for the protection of the
legitimate interest of the licensor such as exports to countries where exclusive licenses to manufacture and/or
distribute the licensed product(s) have already been granted;
87.9. Those which restrict the use of the technology supplied after the expiration of the technology transfer
arrangement, except in cases of early termination of the technology transfer arrangement due to reason(s)
attributable to the licensee;
87.10. Those which require payments for patents and other industrial property rights after their expiration,
termination arrangement;
87.11. Those which require that the technology recipient shall not contest the validity of any of the patents of
the technology supplier;
87.12. Those which restrict the research and development activities of the licensee designed to absorb and
adapt the transferred technology to local conditions or to initiate research and development programs in
connection with new products, processes or equipment;
87.13. Those which prevent the licensee from adapting the imported technology to local conditions, or
introducing innovation to it, as long as it does not impair the quality standards prescribed by the licensor;
87.14. Those which exempt the licensor for liability for non-fulfilment of his responsibilities under the
technology transfer arrangement and/or liability arising from third party suits brought about by the use of the
licensed product or the licensed technology; and
87.15. Other clauses with equivalent effects. (Sec. 33-C (2), R.A 165a)
Section 88. Mandatory Provisions. - The following provisions shall be included in voluntary license contracts:
88.1. That the laws of the Philippines shall govern the interpretation of the same and in the event of litigation,
the venue shall be the proper court in the place where the licensee has its principal office;
88.2. Continued access to improvements in techniques and processes related to the technology shall be made
available during the period of the technology transfer arrangement;
88.3. In the event the technology transfer arrangement shall provide for arbitration, the Procedure of
Arbitration of the Arbitration Law of the Philippines or the Arbitration Rules of the United Nations Commission
on International Trade Law (UNCITRAL) or the Rules of Conciliation and Arbitration of the International
Chamber of Commerce (ICC) shall apply and the venue of arbitration shall be the Philippines or any neutral
country; and
88.4. The Philippine taxes on all payments relating to the technology transfer arrangement shall be borne by
the licensor. (n)
Section 89. Rights of Licensor. - In the absence of any provision to the contrary in the technology transfer
arrangement, the grant of a license shall not prevent the licensor from granting further licenses to third person
nor from exploiting the subject matter of the technology transfer arrangement himself. (Sec. 33-B, R.A. 165a)
Section 90. Rights of Licensee. - The licensee shall be entitled to exploit the subject matter of the technology
transfer arrangement during the whole term of the technology transfer arrangement. (Sec. 33-C (1), R.A. 165a)
Section 91. Exceptional Cases. - In exceptional or meritorious cases where substantial benefits will accrue to
the economy, such as high technology content, increase in foreign exchange earnings, employment
generation, regional dispersal of industries and/or substitution with or use of local raw materials, or in the case
of Board of Investments, registered companies with pioneer status, exemption from any of the above
requirements may be allowed by the Documentation, Information and Technology Transfer Bureau after
evaluation thereof on a case by case basis. (n)
Section 92. Non-Registration with the Documentation, Information and Technology Transfer Bureau. -
Technology transfer arrangements that conform with the provisions of Sections 86 and 87 need not be
registered with the Documentation, Information and Technology Transfer Bureau. Non-conformance with any
of the provisions of Sections 87 and 88, however, shall automatically render the technology transfer
arrangement unenforceable, unless said technology transfer arrangement is approved and registered with the
Documentation, Information and Technology Transfer Bureau under the provisions of Section 91 on
exceptional cases. (n)
CHAPTER X
COMPULSORY LICENSING
Section 93. Grounds for Compulsory Licensing. - The Director of Legal Affairs may grant a license to exploit a
patented invention, even without the agreement of the patent owner, in favor of any person who has shown his
capability to exploit the invention, under any of the following circumstances:
93.1. National emergency or other circumstances of extreme urgency;
93.2. Where the public interest, in particular, national security, nutrition, health or the development of other
vital sectors of the national economy as determined by the appropriate agency of the Government, so requires;
or
93.3. Where a judicial or administrative body has determined that the manner of exploitation by the owner of
the patent or his licensee is anti-competitive; or
93.4. In case of public non-commercial use of the patent by the patentee, without satisfactory reason;
93.5. If the patented invention is not being worked in the Philippines on a commercial scale, although capable
of being worked, without satisfactory reason: Provided, That the importation of the patented article shall
constitute working or using the patent. (Secs. 34, 34-A, 34-B, R.A. No. 165a)
Section 94. Period for Filing a Petition for a Compulsory License. - 94.1. A compulsory license may not be
applied for on the ground stated in Subsection 93.5 before the expiration of a period of four (4) years from the
date of filing of the application or three (3) years from the date of the patent whichever period expires last.
94.2. A compulsory license which is applied for on any of the grounds stated in Subsections 93.2, 93.3, and
93.4 and Section 97 may be applied for at any time after the grant of the patent. (Sec. 34(1), R.A. No. 165)
Section 95. Requirement to Obtain a License on Reasonable Commercial Terms. - 95.1. The license will only
be granted after the petitioner has made efforts to obtain authorization from the patent owner on reasonable
commercial terms and conditions but such efforts have not been successful within a reasonable period of time.
95.2. The requirement under Subsection 95.1 shall not apply in the following cases:
(a) Where the petition for compulsory license seeks to remedy a practice determined after judicial
or administrative process to be anti-competitive;
(b) In situations of national emergency or other circumstances of extreme urgency;
(c) In cases of public non-commercial use.
95.3. In situations of national emergency or other circumstances of extreme urgency, the right holder shall be
notified as soon as reasonably practicable.
95.4. In the case of public non-commercial use, where the government or contractor, without making a patent
search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly. (n)
Section 96. Compulsory Licensing of Patents Involving Semi-Conductor Technology. - In the case of
compulsory licensing of patents involving semi-conductor technology, the license may only be granted in case
of public non-commercial use or to remedy a practice determined after judicial or administrative process to be
anti-competitive. (n)
Section 97. Compulsory License Based on Interdependence of Patents. - If the invention protected by a
patent, hereafter referred to as the "second patent," within the country cannot be worked without infringing
another patent, hereafter referred to as the "first patent," granted on a prior application or benefiting from an
earlier priority, a compulsory license may be granted to the owner of the second patent to the extent
necessary for the working of his invention, subject to the following conditions:
97.1. The invention claimed in the second patent involves an important technical advance of considerable
economic significance in relation to the first patent;
97.2. The owner of the first patent shall be entitled to a cross-license on reasonable terms to use the invention
claimed in the second patent;
97.3. The use authorized in respect of the first patent shall be non-assignable except with the assignment of
the second patent; and
97.4. The terms and conditions of Sections 95, 96 and 98 to 100 of this Act. (Sec. 34-C, R.A. No. 165a)
Section 98. Form and Contents of Petition. - The petition for compulsory licensing must be in writing, verified
by the petitioner and accompanied by payment of the required filing fee. It shall contain the name and address
of the petitioner as well as those of the respondents, the number and date of issue of the patent in connection
with which compulsory license is sought, the name of the patentee, the title of the invention, the statutory
grounds upon which compulsory license is sought, the ultimate facts constituting the petitioner's cause of
action, and the relief prayed for. (Sec. 34-D, R.A. No. 165)
Section 99. Notice of Hearing. - 99.1. Upon filing of a petition, the Director of Legal Affairs shall forthwith
serve notice of the filing thereof upon the patent owner and all persons having grants or licenses, or any other
right, title or interest in and to the patent and invention covered thereby as appears of record in the Office, and
of notice of the date of hearing thereon, on such persons and petitioner. The resident agent or representative
appointed in accordance with Section 33 hereof, shall be bound to accept service of notice of the filing of the
petition within the meaning of this Section.
99.2. In every case, the notice shall be published by the said Office in a newspaper of general circulation,
once a week for three (3) consecutive weeks and once in the IPO Gazette at applicant's expense. (Sec. 34-E,
R.A. No. 165)
Section 100. Terms and Conditions of Compulsory License. - The basic terms and conditions including the
rate of royalties of a compulsory license shall be fixed by the Director of Legal Affairs subject to the following
conditions:
100.1. The scope and duration of such license shall be limited to the purpose for which it was authorized;
100.2. The license shall be non-exclusive;
100.3. The license shall be non-assignable, except with that part of the enterprise or business with which the
invention is being exploited;
100.4. Use of the subject matter of the license shall be devoted predominantly for the supply of the Philippine
market: Provided, That this limitation shall not apply where the grant of the license is based on the ground that
the patentee's manner of exploiting the patent is determined by judicial or administrative process, to be anti-
competitive.
100.5. The license may be terminated upon proper showing that circumstances which led to its grant have
ceased to exist and are unlikely to recur: Provided, That adequate protection shall be afforded to the legitimate
interest of the licensee; and
100.6. The patentee shall be paid adequate remuneration taking into account the economic value of the grant
or authorization, except that in cases where the license was granted to remedy a practice which was
determined after judicial or administrative process, to be anti-competitive, the need to correct the anti-
competitive practice may be taken into account in fixing the amount of remuneration. (Sec. 35-B, R.A. No.
165a)
Section 101. Amendment, Cancellation, Surrender of Compulsory License. - 101.1. Upon the request of the
patentee or the licensee, the Director of Legal Affairs may amend the decision granting the compulsory license,
upon proper showing of new facts or circumstances justifying such amendment.
101.2. Upon the request of the patentee, the said Director may cancel the compulsory license: joint owners shall be entitled to personally make, use, sell, or import the invention for his own profit: Provided,
however, That neither of the joint owners shall be entitled to grant licenses or to assign his right, title or
interest or part thereof without the consent of the other owner or owners, or without proportionally dividing the
(a) If the ground for the grant of the compulsory license no longer exists and is unlikely to recur; proceeds with such other owner or owners. (Sec. 54, R.A. No. 165)

(b) If the licensee has neither begun to supply the domestic market nor made serious preparation CHAPTER XII
therefor; REGISTRATION OF UTILITY MODELS

(c) If the licensee has not complied with the prescribed terms of the license; Section 108. Applicability of Provisions Relating to Patents. - 108.1. Subject to Section 109, the provisions
governing patents shall apply, mutatis mutandis, to the registration of utility models.
101.3. The licensee may surrender the license by a written declaration submitted to the Office.
108.2. Where the right to a patent conflicts with the right to a utility model registration in the case referred to in
Section 29, the said provision shall apply as if the word "patent" were replaced by the words "patent or utility
101.4. The said Director shall cause the amendment, surrender, or cancellation in the Register, notify the
model registration". (Sec. 55, R.A. No. 165a)
patentee, and/or the licensee, and cause notice thereof to be published in the IPO Gazette. (Sec. 35-D, R.A.
No. 165a)
Section 109. Special Provisions Relating to Utility Models. - 109.1. (a) An invention qualifies for registration as
a utility model if it is new and industrially applicable.
Section 102. Licensee's Exemption from Liability. - Any person who works a patented product, substance
and/or process under a license granted under this Chapter, shall be free from any liability for infringement:
Provided however, That in the case of voluntary licensing, no collusion with the licensor is proven. This is (b) Section 21, "Patentable Inventions", shall apply except the reference to inventive step as a
without prejudice to the right of the rightful owner of the patent to recover from the licensor whatever he may condition of protection.
have received as royalties under the license. (Sec. 35-E, R.A. No. 165a)

109.2. Sections 43 to 49 shall not apply in the case of applications for registration of a utility model.
CHAPTER XI
ASSIGNMENT AND TRANSMISSION OF RIGHTS
109.3. A utility model registration shall expire, without any possibility of renewal, at the end of the seventh year
after the date of the filing of the application.
Section 103. Transmission of Rights. - 103.1. Patents or applications for patents and invention to which they
relate, shall be protected in the same way as the rights of other property under the Civil Code.
109.4. In proceedings under Sections 61 to 64, the utility model registration shall be canceled on the following
grounds:
103.2. Inventions and any right, title or interest in and to patents and inventions covered thereby, may be
assigned or transmitted by inheritance or bequest or may be the subject of a license contract. (Sec. 50, R.A.
No. 165a) (a) That the claimed invention does not qualify for registration as a utility model and does not meet
the requirements of registrability, in particular having regard to Subsection 109.1 and Sections 22,
23, 24 and 27;
Section 104. Assignment of Inventions. - An assignment may be of the entire right, title or interest in and to
the patent and the invention covered thereby, or of an undivided share of the entire patent and invention, in
which event the parties become joint owners thereof. An assignment may be limited to a specified territory. (b) That the description and the claims do not comply with the prescribed requirements;
(Sec. 51, R.A. No. 165)

(c) That any drawing which is necessary for the understanding of the invention has not been
Section 105. Form of Assignment. - The assignment must be in writing, acknowledged before a notary public furnished;
or other officer authorized to administer oath or perform notarial acts, and certified under the hand and official
seal of the notary or such other officer. (Sec. 52, R.A. No. 165)
(d) That the owner of the utility model registration is not the inventor or his successor in title. (Secs.
55, 56, and 57, R.A. No. 165a)
Section 106. Recording. - 106.1. The Office shall record assignments, licenses and other instruments relating
to the transmission of any right, title or interest in and to inventions, and patents or application for patents or
inventions to which they relate, which are presented in due form to the Office for registration, in books and Section 110. Conversion of Patent Applications or Applications for Utility Model Registration. - 110.1. At any
records kept for the purpose. The original documents together with a signed duplicate thereof shall be filed, time before the grant or refusal of a patent, an applicant for a patent may, upon payment of the prescribed fee,
and the contents thereof should be kept confidential. If the original is not available, an authenticated copy convert his application into an application for registration of a utility model, which shall be accorded the filing
thereof in duplicate may be filed. Upon recording, the Office shall retain the duplicate, return the original or the date of the initial application. An application may be converted only once.
authenticated copy to the party who filed the same and notice of the recording shall be published in the IPO
Gazette.
110.2. At any time before the grant or refusal of a utility model registration, an applicant for a utility model
registration may, upon payment of the prescribed fee, convert his application into a patent application, which
106.2. Such instruments shall be void as against any subsequent purchaser or mortgagee for valuable shall be accorded the filing date of the initial application. (Sec. 58, R.A. No. 165a)
consideration and without notice, unless, it is so recorded in the Office, within three (3) months from the date
of said instrument, or prior to the subsequent purchase or mortgage. (Sec. 53, R.A. No. 165a)
Section 111. Prohibition against Filing of Parallel Applications. - An applicant may not file two (2) applications
for the same subject, one for utility model registration and the other for the grant of a patent whether
Section 107. Rights of Joint Owners. - If two (2) or more persons jointly own a patent and the invention simultaneously or consecutively. (Sec. 59, R.A. No. 165a)
covered thereby, either by the issuance of the patent in their joint favor or by reason of the assignment of an
undivided share in the patent and invention or by reason of the succession in title to such share, each of the
 CHAPTER XIII Section 117. Registration. - 117.1. Where the Office finds that the conditions referred to in Section 113 are
INDUSTRIAL DESIGN fulfilled, it shall order that registration be effected in the industrial design register and cause the issuance of an
industrial design certificate of registration, otherwise, it shall refuse the application.

Section 112. Definition of Industrial Design. - An industrial design is any composition of lines or colors or any
three-dimensional form, whether or not associated-with lines or colors: Provided, That such composition or 117.2. The form and contents of an industrial design certificate shall be established by the Regulations:
form gives a special appearance to and can serve as pattern for an industrial product or handicraft. (Sec. 55, Provided, That the name and address of the creator shall be mentioned in every case.
R.A. No. 165a)

Section 113. Substantive Conditions for Protection. - 113.1. Only industrial designs that are new or original
shall benefit from protection under this Act.
113.2. Industrial designs dictated essentially by technical or functional considerations to obtain a technical
result or those that are contrary to public order, health or morals shall not be protected. (n)
117.3. Registration shall be published in the form and within the period fixed by the Regulations.
117.4. The Office shall record in the register any change in the identity of the proprietor of the industrial design
or his representative, if proof thereof is furnished to it. A fee shall be paid, with the request to record the
change in the identity of the proprietor. If the fee is not paid, the request shall be deemed not to have been
filed. In such case, the former proprietor and the former representative shall remain subject to the rights and
obligations as provided in this Act.

Section 114. Contents of the Application. - 114.1. Every application for registration of an industrial design
shall contain: 117.5. Anyone may inspect the Register and the files of registered industrial designs including the files of
cancellation proceedings. (n)

(a) A request for registration of the industrial design;

Section 118. The Term of Industrial Design Registration. - 118.1 The registration of an industrial design shall
be for a period of five (5) years from the filing date of the application.
(b) Information identifying the applicant;

118.2. The registration of an industrial design may be renewed for not more than two (2) consecutive periods
(c) An indication of the kind of article of manufacture or handicraft to which the design shall be of five (5) years each, by paying the renewal fee.
applied;

118.3. The renewal fee shall be paid within twelve (12) months preceding the expiration of the period of
(d) A representation of the article of manufacture or handicraft by way of drawings, photographs or registration. However, a grace period of six (6) months shall be granted for payment of the fees after such
other adequate graphic representation of the design as applied to the article of manufacture or expiration, upon payment of a surcharge
handicraft which clearly and fully discloses those features for which design protection is claimed;
and
118.4. The Regulations shall fix the amount of renewal fee, the surcharge and other requirements regarding
the recording of renewals of registration.
(e) The name and address of the creator, or where the applicant is not the creator, a statement
indicating the origin of the right to the industrial design registration.
Section 119. Application of Other Sections and Chapters. - 119.1. The following provisions relating to patents
shall apply mutatis mutandis to an industrial design registration:
114.2. The application may be accompanied by a specimen of the article embodying the industrial design and
shall be subject to the payment of the prescribed fee.(n)
Section 21 - Novelty:
Section 115. Several Industrial Designs in One Application. - Two (2) or more industrial designs may be the
subject of the same application: Provided, That they relate to the same sub-class of the International Section 24 - Prior art: Provided, That the disclosure is contained in printed documents or in any tang
Classification or to the same set or composition of articles. (n)
Section 25 - Non-prejudicial Disclosure;
Section 116. Examination. - 116.1. The Office shall accord as the filing date the date of receipt of the
Section 27 - Inventions Created Pursuant to a Commission;
application containing indications allowing the identity of the applicant to be established and a representation
of the article embodying the industrial design or a pictorial representation thereof.
Section 28 - Right to a Patent;

116.2. If the application does not meet these requirements the filing date should be that date when all the Section 29 - First to File Rule;
elements specified in Section 105 are filed or the mistakes corrected. Otherwise if the requirements are not
complied within the prescribed period, the application shall be considered withdrawn. Section 31 Right of Priority: Provided, That the application for industrial design shall be filed within
-
earliest filing date of the corresponding foreign application;
116.3. After the application has been accorded a filing date and the required fees paid on time, the applicant
Section 33 - Appointment of Agent or Representative;
shall comply with the requirements of Section 114 within the prescribed period, otherwise the application shall
be considered withdrawn.
Section 51 - Refusal of the Application;

116.4. The Office shall examine whether the industrial design complies with requirements of Section 112 and Sections 56 to 60 - Surrender, Correction of and Changes in Patent;
Subsections 113.2 and 113.3. (n)
CHAPTER VII - Remedies of a Person with a Right to Patent;

CHAPTER VIII - Rights of Patentees and Infringement of Patents; and
CHAPTER XI - Assignment and Transmission of Rights.
119.2. If the essential elements of an industrial design which is the subject of an application have been
obtained from the creation of another person without his consent, protection under this Chapter cannot be
invoked against the injured party. (n)
Section 120. Cancellation of Design Registration. - 120.1. At any time during the term of the industrial design
registration, any person upon payment of the required fee, may petition the Director of Legal Affairs to cancel
the industrial design on any of the following grounds:
(a) If the subject matter of the industrial design is not registrable within the terms of Sections 112
and 113;
(b) If the subject matter is not new; or
(c) If the subject matter of the industrial design extends beyond the content of the application as
originally filed.
120.2. Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected
to such extent only. The restriction may be effected in the form of an alteration of the effected features of the
design. (n)
PART III
THE LAW ON TRADEMARKS, SERVICE MARKS AND TRADE NAMES
Section 121. Definitions. - As used in Part III, the following terms have the following meanings:
121.1. "Mark" means any visible sign capable of distinguishing the goods (trademark) or services (service
mark) of an enterprise and shall include a stamped or marked container of goods; (Sec. 38, R.A. No. 166a)
121.2. "Collective mark" means any visible sign designated as such in the application for registration and
capable of distinguishing the origin or any other common characteristic, including the quality of goods or
services of different enterprises which use the sign under the control of the registered owner of the collective
mark; (Sec. 40, R.A. No. 166a)
121.3. "Trade name" means the name or designation identifying or distinguishing an enterprise; (Sec. 38, R.A.
No. 166a)
121.4. "Bureau" means the Bureau of Trademarks;
121.5. "Director" means the Director of Trademarks;
121.6. "Regulations" means the Rules of Practice in Trademarks and Service Marks formulated by the Director
of Trademarks and approved by the Director General; and
121.7. "Examiner" means the trademark examiner. (Sec. 38, R.A. No. 166a)
Section 122. How Marks are Acquired. - The rights in a mark shall be acquired through registration made
validly in accordance with the provisions of this law. (Sec. 2-A, R A. No. 166a)
Section 123. Registrability. - 123.1. A mark cannot be registered if it:
(a) Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely
suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring
them into contempt or disrepute;
(b) Consists of the flag or coat of arms or other insignia of the Philippines or any of its political
subdivisions, or of any foreign nation, or any simulation thereof;
(c) Consists of a name, portrait or signature identifying a particular living individual except by his
written consent, or the name, signature, or portrait of a deceased President of the Philippines,
during the life of his widow, if any, except by written consent of the widow;
(d) Is identical with a registered mark belonging to a different proprietor or a mark with an earlier
filing or priority date, in respect of:
(i) The same goods or services, or
(ii) Closely related goods or services, or
(iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion;
(e) Is identical with, or confusingly similar to, or constitutes a translation of a mark which is
considered by the competent authority of the Philippines to be well-known internationally and in the
Philippines, whether or not it is registered here, as being already the mark of a person other than
the applicant for registration, and used for identical or similar goods or services: Provided, That in
determining whether a mark is well-known, account shall be taken of the knowledge of the relevant
sector of the public, rather than of the public at large, including knowledge in the Philippines which
has been obtained as a result of the promotion of the mark;
(f) Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-
known in accordance with the preceding paragraph, which is registered in the Philippines with
respect to goods or services which are not similar to those with respect to which registration is
applied for: Provided, That use of the mark in relation to those goods or services would indicate a
connection between those goods or services, and the owner of the registered mark: Provided
further, That the interests of the owner of the registered mark are likely to be damaged by such use;
(g) Is likely to mislead the public, particularly as to the nature, quality, characteristics or
geographical origin of the goods or services;
(h) Consists exclusively of signs that are generic for the goods or services that they seek to identify;
(i) Consists exclusively of signs or of indications that have become customary or usual to
designate the goods or services in everyday language or in bona fide and established trade
practice;
(j) Consists exclusively of signs or of indications that may serve in trade to designate the kind,
quality, quantity, intended purpose, value, geographical origin, time or production of the goods or
rendering of the services, or other characteristics of the goods or services;
(k) Consists of shapes that may be necessitated by technical factors or by the nature of the goods
themselves or factors that affect their intrinsic value;
(l) Consists of color alone, unless defined by a given form; or
(m) Is contrary to public order or morality.
123.2. As regards signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall prevent the
registration of any such sign or device which has become distinctive in relation to the goods for which
registration is requested as a result of the use that have been made of it in commerce in the Philippines. The
Office may accept as prima facie evidence that the mark has become distinctive, as used in connection with
the applicant's goods or services in commerce, proof of substantially exclusive and continuous use thereof by
the applicant in commerce in the Philippines for five (5) years before the date on which the claim of
distinctiveness is made.
123.3. The nature of the goods to which the mark is applied will not constitute an obstacle to registration. (Sec.
4, R.A. No. 166a)
Section 124. Requirements of Application. - 124.1. The application for the registration of the mark shall be in
Filipino or in English and shall contain the following:
(a) A request for registration;
(b) The name and address of the applicant;
(c) The name of a State of which the applicant is a national or where he has domicile; and the
name of a State in which the applicant has a real and effective industrial or commercial
establishment, if any;
(d) Where the applicant is a juridical entity, the law under which it is organized and existing;
(e) The appointment of an agent or representative, if the applicant is not domiciled in the
Philippines;
(f) Where the applicant claims the priority of an earlier application, an indication of:
i) The name of the State with whose national office the earlier application was filed or if
filed with an office other than a national office, the name of that office,
ii) The date on which the earlier application was filed, and
iii) Where available, the application number of the earlier application;
(g) Where the applicant claims color as a distinctive feature of the mark, a statement to that effect
as well as the name or names of the color or colors claimed and an indication, in respect of each
color, of the principal parts of the mark which are in that color;
(h) Where the mark is a three-dimensional mark, a statement to that effect;
(i) One or more reproductions of the mark, as prescribed in the Regulations;
(j) A transliteration or translation of the mark or of some parts of the mark, as prescribed in the
Regulations;
(k) The names of the goods or services for which the registration is sought, grouped according to
the classes of the Nice Classification, together with the number of the class of the said
Classification to which each group of goods or services belongs; and
(l) A signature by, or other self-identification of, the applicant or his representative.
124.2. The applicant or the registrant shall file a declaration of actual use of the mark with evidence to that
effect, as prescribed by the Regulations within three (3) years from the filing date of the application. Otherwise,
the application shall be refused or the mark shall be removed from the Register by the Director.
124.3. One (1) application may relate to several goods and/or services, whether they belong to one (1) class
or to several classes of the Nice Classification.
124.4. If during the examination of the application, the Office finds factual basis to reasonably doubt the
veracity of any indication or element in the application, it may require the applicant to submit sufficient
evidence to remove the doubt. (Sec. 5, R.A. No. 166a)
Section 125. Representation; Address for Service. - If the applicant is not domiciled or has no real and
effective commercial establishment in the Philippines, he shall designate by a written document filed in the
Office, the name and address of a Philippine resident who may be served notices or process in proceedings
affecting the mark. Such notices or services may be served upon the person so designated by leaving a copy
thereof at the address specified in the last designation filed. If the person so designated cannot be found at the
address given in the last designation, such notice or process may be served upon the Director. (Sec. 3, R.A.
No. 166a)
Section 126. Disclaimers. - The Office may allow or require the applicant to disclaim an unregistrable
component of an otherwise registrable mark but such disclaimer shall not prejudice or affect the applicant's or
owner's rights then existing or thereafter arising in the disclaimed matter, nor such shall disclaimer prejudice or
affect the applicant's or owner's right on another application of later date if the disclaimed matter became
distinctive of the applicant's or owner's goods, business or services. (Sec. 13, R.A. No. 166a)
Section 127. Filing Date. - 127.1. Requirements. - The filing date of an application shall be the date on which
the Office received the following indications and elements in English or Filipino:
(a) An express or implicit indication that the registration of a mark is sought;
(b) The identity of the applicant;
(c) Indications sufficient to contact the applicant or his representative, if any;
(d) A reproduction of the mark whose registration is sought; and
(e) The list of the goods or services for which the registration is sought.
127.2. No filing date shall be accorded until the required fee is paid. (n)
Section 128. Single Registration for Goods and/or Services. - Where goods and/or services belonging to
several classes of the Nice Classification have been included in one (1) application, such an application shall
result in one registration. (n)
Section 129. Division of Application. - Any application referring to several goods or services, hereafter
referred to as the "initial application," may be divided by the applicant into two (2) or more applications,
hereafter referred to as the "divisional applications," by distributing among the latter the goods or services
referred to in the initial application. The divisional applications shall preserve the filing date of the initial
application or the benefit of the right of priority. (n)
Section 130. Signature and Other Means of Self-Identification. - 130.1. Where a signature is required, the
Office shall accept:
(a) A hand-written signature; or
 (b) The use of other forms of signature, such as a printed or stamped signature, or the use of a
seal instead of a hand-written signature: Provided, That where a seal is used, it should be
accompanied by an indication in letters of the name of the signatory.
130.2. The Office shall accept communications to it by telecopier, or by electronic means subject to the
conditions or requirements that will be prescribed by the Regulations. When communications are made by
telefacsimile, the reproduction of the signature, or the reproduction of the seal together with, where required,
the indication in letters of the name of the natural person whose seal is used, appears. The original
communications must be received by the Office within thirty (30) days from date of receipt of the telefacsimile.
130.3. No attestation, notarization, authentication, legalization or other certification of any signature or other
means of self-identification referred to in the preceding paragraphs, will be required, except, where the
signature concerns the surrender of a registration. (n)
Section 131. Priority Right. - 131.1. An application for registration of a mark filed in the Philippines by a
person referred to in Section 3, and who previously duly filed an application for registration of the same mark
in one of those countries, shall be considered as filed as of the day the application was first filed in the foreign
country.
131.2. No registration of a mark in the Philippines by a person described in this section shall be granted until
such mark has been registered in the country of origin of the applicant.
131.3. Nothing in this section shall entitle the owner of a registration granted under this section to sue for acts
committed prior to the date on which his mark was registered in this country: Provided, That, notwithstanding
the foregoing, the owner of a well-known mark as defined in Section 123.1(e) of this Act, that is not registered
in the Philippines, may, against an identical or confusingly similar mark, oppose its registration, or petition the
cancellation of its registration or sue for unfair competition, without prejudice to availing himself of other
remedies provided for under the law.
131.4. In like manner and subject to the same conditions and requirements, the right provided in this section
may be based upon a subsequent regularly filed application in the same foreign country: Provided, That any
foreign application filed prior to such subsequent application has been withdrawn, abandoned, or otherwise
disposed of, without having been laid open to public inspection and without leaving any rights outstanding, and
has not served, nor thereafter shall serve, as a basis for claiming a right of priority. (Sec. 37, R.A. No. 166a)
Section 132. Application Number and Filing Date. - 132.1. The Office shall examine whether the application
satisfies the requirements for the grant of a filing date as provided in Section 127 and Regulations relating
thereto. If the application does not satisfy the filing requirements, the Office shall notify the applicant who shall
within a period fixed by the Regulations complete or correct the application as required, otherwise, the
application shall be considered withdrawn.
132.2 Once an application meets the filing requirements of Section 127, it shall be numbered in the sequential
order, and the applicant shall be informed of the application number and the filing date of the application will
be deemed to have been abandoned. (n)
Section 133. Examination and Publication. - 133.1. Once the application meets the filing requirements of
Section 127, the Office shall examine whether the application meets the requirements of Section 124 and the
mark as defined in Section 121 is registrable under Section 123.
133.2. Where the Office finds that the conditions referred to in Subsection 133.1 are fulfilled, it shall upon
payment of the prescribed fee, forthwith cause the application, as filed, to be published in the prescribed
manner.
133.3. If after the examination, the applicant is not entitled to registration for any reason, the Office shall
advise the applicant thereof and the reasons therefor. The applicant shall have a period of four (4) months in
which to reply or amend his application, which shall then be re-examined. The Regulations shall determine the
procedure for the re-examination or revival of an application as well as the appeal to the Director of
Trademarks from any final action by the Examiner.
133.4. An abandoned application may be revived as a pending application within three (3) months from the
date of abandonment, upon good cause shown and the payment of the required fee.
133.5. The final decision of refusal of the Director of Trademarks shall be appealable to the Director General in
accordance with the procedure fixed by the Regulations. (Sec. 7, R.A. No. 166a)
Section 134. Opposition. - Any person who believes that he would be damaged by the registration of a mark
may, upon payment of the required fee and within thirty (30) days after the publication referred to in
Subsection 133.2, file with the Office an opposition to the application. Such opposition shall be in writing and
verified by the oppositor or by any person on his behalf who knows the facts, and shall specify the grounds on
which it is based and include a statement of the facts relied upon. Copies of certificates of registration of
marks registered in other countries or other supporting documents mentioned in the opposition shall be filed
therewith, together with the translation in English, if not in the English language. For good cause shown and
upon payment of the required surcharge, the time for filing an opposition may be extended by the Director of
Legal Affairs, who shall notify the applicant of such extension. The Regulations shall fix the maximum period of
time within which to file the opposition. (Sec. 8, R.A. No. 165a)
Section 135. Notice and Hearing. - Upon the filing of an opposition, the Office shall serve notice of the filing
on the applicant, and of the date of the hearing thereof upon the applicant and the oppositor and all other
persons having any right, title or interest in the mark covered by the application, as appear of record in the
Office. (Sec. 9, R.A. No. 165)
Section 136. Issuance and Publication of Certificate. - When the period for filing the opposition has expired, or
when the Director of Legal Affairs shall have denied the opposition, the Office upon payment of the required
fee, shall issue the certificate of registration. Upon issuance of a certificate of registration, notice thereof
making reference to the publication of the application shall be published in the IPO Gazette. (Sec. 10, R.A. No.
165)
Section 137. Registration of Mark and Issuance of a Certificate to the Owner or his Assignee. - 137.1. The
Office shall maintain a Register in which shall be registered marks, numbered in the order of their registration,
and all transactions in respect of each mark, required to be recorded by virtue of this law.
137.2. The registration of a mark shall include a reproduction of the mark and shall mention: its number; the
name and address of the registered owner and, if the registered owner's address is outside the country, his
address for service within the country; the dates of application and registration; if priority is claimed, an
indication of this fact, and the number, date and country of the application, basis of the priority claims; the list
of goods or services in respect of which registration has been granted, with the indication of the corresponding
class or classes; and such other data as the Regulations may prescribe from time to time.
137.3. A certificate of registration of a mark may be issued to the assignee of the applicant: Provided, That the
assignment is recorded in the Office. In case of a change of ownership, the Office shall at the written request
signed by the owner, or his representative, or by the new owner, or his representative and upon a proper
showing and the payment of the prescribed fee, issue to such assignee a new certificate of registration of the
said mark in the name of such assignee, and for the unexpired part of the original period.
137.4. The Office shall record any change of address, or address for service, which shall be notified to it by
the registered owner.
137.5. In the absence of any provision to the contrary in this Act, communications to be made to the registered
owner by virtue of this Act shall be sent to him at his last recorded address and, at the same, at his last
recorded address for service. (Sec. 19, R.A. No. 166a)
Section 138. Certificates of Registration. - A certificate of registration of a mark shall be prima facie evidence
of the validity of the registration, the registrant's ownership of the mark, and of the registrant's exclusive right
to use the same in connection with the goods or services and those that are related thereto specified in the
certificate. (Sec. 20, R.A. No. 165)
Section 139. Publication of Registered Marks; Inspection of Register. - 139.1. The Office shall publish, in the
form and within the period fixed by the Regulations, the marks registered, in the order of their registration,
reproducing all the particulars referred to in Subsection 137.2.
139.2. Marks registered at the Office may be inspected free of charge and any person may obtain copies
thereof at his own expense. This provision shall also be applicable to transactions recorded in respect of any
registered mark. (n)
Section 140. Cancellation upon Application by Registrant; Amendment or Disclaimer of Registration. - Upon
application of the registrant, the Office may permit any registration to be surrendered for cancellation, and
upon cancellation the appropriate entry shall be made in the records of the Office. Upon application of the
registrant and payment of the prescribed fee, the Office for good cause may permit any registration to be
amended or to be disclaimed in part: Provided, That the amendment or disclaimer does not alter materially the
character of the mark. Appropriate entry shall be made in the records of the Office upon the certificate of
registration or, if said certificate is lost or destroyed, upon a certified copy thereof (Sec. 14, R.A. No. 166)
Section 141. Sealed and Certified Copies as Evidence. - Copies of any records, books, papers, or drawings
belonging to the Office relating to marks, and copies of registrations, when authenticated by the seal of the
Office and certified by the Director of the Administrative, Financial and Human Resource Development Service
Bureau or in his name by an employee of the Office duly authorized by said Director, shall be evidence in all
cases wherein the originals would be evidence; and any person who applies and pays the prescribed fee shall
secure such copies. (n)
Section 142. Correction of Mistakes Made by the Office. - Whenever a material mistake in a registration
incurred through the fault of the Office is clearly disclosed by the records of the Office, a certificate stating the
fact and nature of such mistake shall be issued without charge, recorded and a printed copy thereof shall be
attached to each printed copy of the registration. Such corrected registration shall thereafter have the same
effect as the original certificate; or in the discretion of the Director of the Administrative, Financial and Human
Resource Development Service Bureau a new certificate of registration may be issued without charge. All
certificates of correction heretofore issued in accordance with the Regulations and the registration to which
they are attached shall have the same force and effect as if such certificates and their issuance had been
authorized by this Act. (n)
Section 143. Correction of Mistakes Made by Applicant. - Whenever a mistake is made in a registration and
such mistake occurred in good faith through the fault of the applicant, the Office may issue a certificate upon
the payment of the prescribed fee: Provided, That the correction does not involve any change in the
registration that requires republication of the mark. (n)
Section 144. Classification of Goods and Services. - 144.1. Each registration, and any publication of the
Office which concerns an application or registration effected by the Office shall indicate the goods or services
by their names, grouped according to the classes of the Nice Classification, and each group shall be preceded
by the number of the class of that Classification to which that group of goods or services belongs, presented in
the order of the classes of the said Classification.
144.2. Goods or services may not be considered as being similar or dissimilar to each other on the ground that,
in any registration or publication by the Office, they appear in different classes of the Nice Classification. (Sec.
6, R.A. No. 166a)
Section 145. Duration. - A certificate of registration shall remain in force for ten (10) years: Provided, That the
registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based
on the existence of obstacles to such use, as prescribed by the Regulations, within one (1) year from the fifth
anniversary of the date of the registration of the mark. Otherwise, the mark shall be removed from the Register
by the Office. (Sec. 12, R.A. No. 166a)
Section 146. Renewal. - 146.1. A certificate of registration may be renewed for periods of ten (10) years at its
expiration upon payment of the prescribed fee and upon filing of a request. The request shall contain the
following indications:
(a) An indication that renewal is sought;
(b) The name and address of the registrant or his successor-in-interest, hereafter referred to as the
"right holder";
(c) The registration number of the registration concerned;
(d) The filing date of the application which resulted in the registration concerned to be renewed;
(e) Where the right holder has a representative, the name and address of that representative;
(f) The names of the recorded goods or services for which the renewal is requested or the names
of the recorded goods or services for which the renewal is not requested, grouped according to the
classes of the Nice Classification to which that group of goods or services belongs and presented
in the order of the classes of the said Classification; and
(g) A signature by the right holder or his representative.
146.2. Such request shall be in Filipino or English and may be made at any time within six (6) months before
the expiration of the period for which the registration was issued or renewed, or it may be made within six (6)
months after such expiration on payment of the additional fee herein prescribed.
146.3. If the Office refuses to renew the registration, it shall notify the registrant of his refusal and the reasons
therefor.
146.4. An applicant for renewal not domiciled in the Philippines shall be subject to and comply with the
requirements of this Act. (Sec. 15, R.A. No. 166a)
Section 147. Rights Conferred. - 147.1. The owner of a registered mark shall have the exclusive right to
prevent all third parties not having the owner's consent from using in the course of trade identical or similar
signs or containers for goods or services which are identical or similar to those in respect of which the
trademark is registered where such use would result in a likelihood of confusion. In case of the use of an
identical sign for identical goods or services, a likelihood of confusion shall be presumed.
147.2. The exclusive right of the owner of a well-known mark defined in Subsection 123.1(e) which is
registered in the Philippines, shall extend to goods and services which are not similar to those in respect of
which the mark is registered: Provided, That use of that mark in relation to those goods or services would
indicate a connection between those goods or services and the owner of the registered mark: Provided further,
That the interests of the owner of the registered mark are likely to be damaged by such use. (n)
Section 148. Use of Indications by Third Parties for Purposes Other than those for which the Mark is Used. -
Registration of the mark shall not confer on the registered owner the right to preclude third parties from using
bona fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning the
kind, quality, quantity, destination, value, place of origin, or time of production or of supply, of their goods or
services: Provided, That such use is confined to the purposes of mere identification or information and cannot
mislead the public as to the source of the goods or services. (n)
Section 149. Assignment and Transfer of Application and Registration. - 149.1. An application for registration
of a mark, or its registration, may be assigned or transferred with or without the transfer of the business using
the mark. (n)
149.2. Such assignment or transfer shall, however, be null and void if it is liable to mislead the public,
particularly as regards the nature, source, manufacturing process, characteristics, or suitability for their
purpose, of the goods or services to which the mark is applied.
149.3. The assignment of the application for registration of a mark, or of its registration, shall be in writing and
require the signatures of the contracting parties. Transfers by mergers or other forms of succession may be
made by any document supporting such transfer.
149.4. Assignments and transfers of registrations of marks shall be recorded at the Office on payment of the
prescribed fee; assignment and transfers of applications for registration shall, on payment of the same fee, be
provisionally recorded, and the mark, when registered, shall be in the name of the assignee or transferee.
149.5. Assignments and transfers shall have no effect against third parties until they are recorded at the Office.
(Sec. 31, R.A. No. 166a)
Section 150. License Contracts. - 150.1. Any license contract concerning the registration of a mark, or an
application therefor, shall provide for effective control by the licensor of the quality of the goods or services of
the licensee in connection with which the mark is used. If the license contract does not provide for such quality
control, or if such quality control is not effectively carried out, the license contract shall not be valid.
150.2. A license contract shall be submitted to the Office which shall keep its contents confidential but shall
record it and publish a reference thereto. A license contract shall have no effect against third parties until such
recording is effected. The Regulations shall fix the procedure for the recording of the license contract. (n)
Section 151. Cancellation. - 151.1. A petition to cancel a registration of a mark under this Act may be filed
with the Bureau of Legal Affairs by any person who believes that he is or will be damaged by the registration of
a mark under this Act as follows:
(a) Within five (5) years from the date of the registration of the mark under this Act.
(b) At any time, if the registered mark becomes the generic name for the goods or services, or a
portion thereof, for which it is registered, or has been abandoned, or its registration was obtained
fraudulently or contrary to the provisions of this Act, or if the registered mark is being used by, or
with the permission of, the registrant so as to misrepresent the source of the goods or services on
or in connection with which the mark is used. If the registered mark becomes the generic name for
less than all of the goods or services for which it is registered, a petition to cancel the registration
for only those goods or services may be filed. A registered mark shall not be deemed to be the
generic name of goods or services solely because such mark is also used as a name of or to
identify a unique product or service. The primary significance of the registered mark to the relevant
public rather than purchaser motivation shall be the test for determining whether the registered
mark has become the generic name of goods or services on or in connection with which it has
been used. (n)
(c) At any time, if the registered owner of the mark without legitimate reason fails to use the mark
within the Philippines, or to cause it to be used in the Philippines by virtue of a license during an
uninterrupted period of three (3) years or longer.
151.2. Notwithstanding the foregoing provisions, the court or the administrative agency vested with jurisdiction
to hear and adjudicate any action to enforce the rights to a registered mark shall likewise exercise jurisdiction
to determine whether the registration of said mark may be cancelled in accordance with this Act. The filing of a
suit to enforce the registered mark with the proper court or agency shall exclude any other court or agency
from assuming jurisdiction over a subsequently filed petition to cancel the same mark. On the other hand, the
earlier filing of petition to cancel the mark with the Bureau of Legal Affairs shall not constitute a prejudicial
question that must be resolved before an action to enforce the rights to same registered mark may be decided.
(Sec. 17, R.A. No. 166a)
Section 152. Non-use of a Mark When Excused. - 152.1. Non-use of a mark may be excused if caused by
circumstances arising independently of the will of the trademark owner. Lack of funds shall not excuse non-
use of a mark.
152.2. The use of the mark in a form different from the form in which it is registered, which does not alter its
distinctive character, shall not be ground for cancellation or removal of the mark and shall not diminish the
protection granted to the mark.
152.3. The use of a mark in connection with one or more of the goods or services belonging to the class in
respect of which the mark is registered shall prevent its cancellation or removal in respect of all other goods or
services of the same class.
152.4. The use of a mark by a company related with the registrant or applicant shall inure to the latter's benefit,
and such use shall not affect the validity of such mark or of its registration: Provided, That such mark is not
used in such manner as to deceive the public. If use of a mark by a person is controlled by the registrant or
applicant with respect to the nature and quality of the goods or services, such use shall inure to the benefit of
the registrant or applicant. (n)
Section 153. Requirements of Petition; Notice and Hearing. - Insofar as applicable, the petition for
cancellation shall be in the same form as that provided in Section 134 hereof, and notice and hearing shall be
as provided in Section 135 hereof.
Section 154. Cancellation of Registration. - If the Bureau of Legal Affairs finds that a case for cancellation has
been made out, it shall order the cancellation of the registration. When the order or judgment becomes final,
any right conferred by such registration upon the registrant or any person in interest of record shall terminate.
Notice of cancellation shall be published in the IPO Gazette. (Sec. 19, R.A. No. 166a)
Section 155. Remedies; Infringement. - Any person who shall, without the consent of the owner of the
registered mark:
155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the
same container or a dominant feature thereof in connection with the sale, offering for sale, distribution,
advertising of any goods or services including other preparatory steps necessary to carry out the sale of any
goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or
to deceive; or
155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and
apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers,
receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering
for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to
cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action for infringement by the
registrant for the remedies hereinafter set forth: Provided, That the infringement takes place at the moment
any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is
actual sale of goods or services using the infringing material. (Sec. 22, R.A. No 166a)
Section 156. Actions, and Damages and Injunction for Infringement. - 156.1. The owner of a registered mark
may recover damages from any person who infringes his rights, and the measure of the damages suffered
shall be either the reasonable profit which the complaining party would have made, had the defendant not
infringed his rights, or the profit which the defendant actually made out of the infringement, or in the event
such measure of damages cannot be readily ascertained with reasonable certainty, then the court may award
as damages a reasonable percentage based upon the amount of gross sales of the defendant or the value of
the services in connection with which the mark or trade name was used in the infringement of the rights of the
complaining party. (Sec. 23, first par., R.A. No. 166a)
156.2. On application of the complainant, the court may impound during the pendency of the action, sales
invoices and other documents evidencing sales. (n)
156.3. In cases where actual intent to mislead the public or to defraud the complainant is shown, in the
discretion of the court, the damages may be doubled. (Sec. 23, first par., R.A. No. 166)
156.4. The complainant, upon proper showing, may also be granted injunction. (Sec. 23, second par., R.A. No.
166a)
Section 157. Power of Court to Order Infringing Material Destroyed. - 157.1 In any action arising under this
Act, in which a violation of any right of the owner of the registered mark is established, the court may order
that goods found to be infringing be, without compensation of any sort, disposed of outside the channels of
commerce in such a manner as to avoid any harm caused to the right holder, or destroyed; and all labels,
signs, prints, packages, wrappers, receptacles and advertisements in the possession of the defendant,
bearing the registered mark or trade name or any reproduction, counterfeit, copy or colorable imitation thereof,
all plates, molds, matrices and other means of making the same, shall be delivered up and destroyed.
157.2. In regard to counterfeit goods, the simple removal of the trademark affixed shall not be sufficient other
than in exceptional cases which shall be determined by the Regulations, to permit the release of the goods
into the channels of commerce. (Sec. 24, R.A. No. 166a)
Section 158. Damages; Requirement of Notice. - In any suit for infringement, the owner of the registered mark
shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that
such imitation is likely to cause confusion, or to cause mistake, or to deceive. Such knowledge is presumed if
the registrant gives notice that his mark is registered by displaying with the mark the words '"Registered Mark"
or the letter R within a circle or if the defendant had otherwise actual notice of the registration. (Sec. 21, R.A.
No. 166a)
Section 159. Limitations to Actions for Infringement. - Notwithstanding any other provision of this Act, the
remedies given to the owner of a right infringed under this Act shall be limited as follows:
159.1. Notwithstanding the provisions of Section 155 hereof, a registered mark shall have no effect against
any person who, in good faith, before the filing date or the priority date, was using the mark for the purposes of
his business or enterprise: Provided, That his right may only be transferred or assigned together with his
enterprise or business or with that part of his enterprise or business in which the mark is used.
159.2. Where an infringer who is engaged solely in the business of printing the mark or other infringing
materials for others is an innocent infringer, the owner of the right infringed shall be entitled as against such
infringer only to an injunction against future printing.
159.3. Where the infringement complained of is contained in or is part of paid advertisement in a newspaper,
magazine, or other similar periodical or in an electronic communication, the remedies of the owner of the right
infringed as against the publisher or distributor of such newspaper, magazine, or other similar periodical or
electronic communication shall be limited to an injunction against the presentation of such advertising matter
in future issues of such newspapers, magazines, or other similar periodicals or in future transmissions of such
electronic communications. The limitations of this subparagraph shall apply only to innocent infringers:
Provided, That such injunctive relief shall not be available to the owner of the right infringed with respect to an
issue of a newspaper, magazine, or other similar periodical or an electronic communication containing
infringing matter where restraining the dissemination of such infringing matter in any particular issue of such
periodical or in an electronic communication would delay the delivery of such issue or transmission of such
electronic communication is customarily conducted in accordance with the sound business practice, and not
due to any method or device adopted to evade this section or to prevent or delay the issuance of an injunction
or restraining order with respect to such infringing matter. (n)
Section 160. Right of Foreign Corporation to Sue in Trademark or Service Mark Enforcement Action. - Any
foreign national or juridical person who meets the requirements of Section 3 of this Act and does not engage in
business in the Philippines may bring a civil or administrative action hereunder for opposition, cancellation,
infringement, unfair competition, or false designation of origin and false description, whether or not it is
licensed to do business in the Philippines under existing laws. (Sec. 21-A, R.A. No. 166a)
Section 161. Authority to Determine Right to Registration. - In any action involving a registered mark, the
court may determine the right to registration, order the cancellation of a registration, in whole or in part, and
otherwise rectify the register with respect to the registration of any party to the action in the exercise of this.
Judgment and orders shall be certified by the court to the Director, who shall make appropriate entry upon the
records of the Bureau, and shall be controlled thereby. (Sec. 25, R.A. No. 166a)
Section 162. Action for False or Fraudulent Declaration. - Any person who shall procure registration in the
Office of a mark by a false or fraudulent declaration or representation, whether oral or in writing, or by any
false means, shall be liable in a civil action by any person injured thereby for any damages sustained in
consequence thereof (Sec. 26, R.A. No. 166)
Section 163. Jurisdiction of Court. - All actions under Sections 150, 155, 164, and 166 to 169 shall be brought
before the proper courts with appropriate jurisdiction under existing laws. (Sec. 27, R.A. No. 166)
Section 164. Notice of Filing Suit Given to the Director. - It shall be the duty of the clerks of such courts within
one (1) month after the filing of any action, suit, or proceeding involving a mark registered under the provisions
of this Act, to notify the Director in writing setting forth: the names and addresses of the litigants and
designating the number of the registration or registrations and within one (1) month after the judgment is
entered or an appeal is taken, the clerk of court shall give notice thereof to the Office, and the latter shall
endorse the same upon the filewrapper of the said registration or registrations and incorporate the same as a
part of the contents of said filewrapper. (n)
Section 165. Trade Names or Business Names. - 165.1. A name or designation may not be used as a trade
name if by its nature or the use to which such name or designation may be put, it is contrary to public order or
morals and if, in particular, it is liable to deceive trade circles or the public as to the nature of the enterprise
identified by that name.
165.2.(a) Notwithstanding any laws or regulations providing for any obligation to register trade names, such
names shall be protected, even prior to or without registration, against any unlawful act committed by third
parties.
(b) In particular, any subsequent use of the trade name by a third party, whether as a trade name
or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the
public, shall be deemed unlawful.
165.3. The remedies provided for in Sections 153 to 156 and Sections 166 and 167 shall apply mutatis
mutandis.
165.4. Any change in the ownership of a trade name shall be made with the transfer of the enterprise or part
thereof identified by that name. The provisions of Subsections 149.2 to 149.4 shall apply mutatis mutandis.
Section 166. Goods Bearing Infringing Marks or Trade Names. - No article of imported merchandise which
shall copy or simulate the name of any domestic product, or manufacturer, or dealer, or which shall copy or
simulate a mark registered in accordance with the provisions of this Act, or shall bear a mark or trade name
calculated to induce the public to believe that the article is manufactured in the Philippines, or that it is
manufactured in any foreign country or locality other than the country or locality where it is in fact
manufactured, shall be admitted to entry at any customhouse of the Philippines. In order to aid the officers of
the customs service in enforcing this prohibition, any person who is entitled to the benefits of this Act, may
require that his name and residence, and the name of the locality in which his goods are manufactured, a copy
of the certificate of registration of his mark or trade name, to be recorded in books which shall be kept for this
purpose in the Bureau of Customs, under such regulations as the Collector of Customs with the approval of
the Secretary of Finance shall prescribe, and may furnish to the said Bureau facsimiles of his name, the name
of the locality in which his goods are manufactured, or his registered mark or trade name, and thereupon the
Collector of Customs shall cause one (1) or more copies of the same to be transmitted to each collector or to
other proper officer of the Bureau of Customs. (Sec. 35, R.A. No. 166)
Section 167. Collective Marks. - 167.1. Subject to Subsections 167.2 and 167.3, Sections 122 to 164 and 166
shall apply to collective marks, except that references therein to "mark" shall be read as "collective mark".
167.2.(a) An application for registration of a collective mark shall designate the mark as a collective mark and
shall be accompanied by a copy of the agreement, if any, governing the use of the collective mark.
(b) The registered owner of a collective mark shall notify the Director of any changes made in
respect of the agreement referred to in paragraph (a).
167.3. In addition to the grounds provided in Section 149, the Court shall cancel the registration of a collective
mark if the person requesting the cancellation proves that only the registered owner uses the mark, or that he
uses or permits its use in contravention of the agreements referred to in Subsection 166.2 or that he uses or
permits its use in a manner liable to deceive trade circles or the public as to the origin or any other common
characteristics of the goods or services concerned.
167.4. The registration of a collective mark, or an application therefor shall not be the subject of a license
contract. (Sec. 40, R.A. No. 166a)
Section 168. Unfair Competition, Rights, Regulation and Remedies. - 168.1. A person who has identified in
the mind of the public the goods he manufactures or deals in, his business or services from those of others,
whether or not a registered mark is employed, has a property right in the goodwill of the said goods, business
or services so identified, which will be protected in the same manner as other property rights.
168.2. Any person who shall employ deception or any other means contrary to good faith by which he shall
pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one
having established such goodwill, or who shall commit any acts calculated to produce said result, shall be
guilty of unfair competition, and shall be subject to an action therefor.
168.3. In particular, and without in any way limiting the scope of protection against unfair competition, the
following shall be deemed guilty of unfair competition:
(a) Any person, who is selling his goods and gives them the general appearance of goods of
another manufacturer or dealer, either as to the goods themselves or in the wrapping of the
packages in which they are contained, or the devices or words thereon, or in any other feature of
their appearance, which would be likely to influence purchasers to believe that the goods offered
are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or who
otherwise clothes the goods with such appearance as shall deceive the public and defraud another
of his legitimate trade, or any subsequent vendor of such goods or any agent of any vendor
engaged in selling such goods with a like purpose;
(b) Any person who by any artifice, or device, or who employs any other means calculated to
induce the false belief that such person is offering the services of another who has identified such
services in the mind of the public; or
(c) Any person who shall make any false statement in the course of trade or who shall commit any
other act contrary to good faith of a nature calculated to discredit the goods, business or services
of another.
168.4. The remedies provided by Sections 156, 157 and 161 shall apply mutatis mutandis. (Sec. 29, R.A. No.
166a)
Section 169. False Designations of Origin; False Description or Representation. - 169.1. Any person who, on
or in connection with any goods or services, or any container for goods, uses in commerce any word, term,
name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading
description of fact, or false or misleading representation of fact, which:
(a) Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection,
or association of such person with another person, or as to the origin, sponsorship, or approval of
his or her goods, services, or commercial activities by another person; or
(b) In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or
geographic origin of his or her or another person's goods, services, or commercial activities, shall
be liable to a civil action for damages and injunction provided in Sections 156 and 157 of this Act
by any person who believes that he or she is or is likely to be damaged by such act.
169.2. Any goods marked or labelled in contravention of the provisions of this Section shall not be imported
into the Philippines or admitted entry at any customhouse of the Philippines. The owner, importer, or
consignee of goods refused entry at any customhouse under this section may have any recourse under the
customs revenue laws or may have the remedy given by this Act in cases involving goods refused entry or
seized. (Sec. 30, R.A. No. 166a)
Section 170. Penalties. - Independent of the civil and administrative sanctions imposed by law, a criminal
penalty of imprisonment from two (2) years to five (5) years and a fine ranging from Fifty thousand pesos
(P50,000) to Two hundred thousand pesos(P200,000), shall be imposed on any person who is found guilty of
committing any of the acts mentioned in Section 155, Section 168 and Subsection 169.1. (Arts. 188 and 189,
Revised Penal Code)
PART IV
THE LAW ON COPYRIGHT
CHAPTER I
PRELIMINARY PROVISIONS
Section 171. Definitions. - For the purpose of this Act, the following terms have the following meaning:
171.1. "Author" is the natural person who has created the work;
171.2. A "collective work" is a work which has been created by two (2) or more natural persons at the initiative
and under the direction of another with the understanding that it will be disclosed by the latter under his own
name and that contributing natural persons will not be identified;
171.3. "Communication to the public" or "communicate to the public" means the making of a work available to
the public by wire or wireless means in such a way that members of the public may access these works from a
place and time individually chosen by them;
171.4. A "computer" is an electronic or similar device having information-processing capabilities, and a
"computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is
capable when incorporated in a medium that the computer can read, of causing the computer to perform or
achieve a particular task or result;
171.5. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a
limited period, for non-profit purposes, by an institution the services of which are available to the public, such
as public library or archive;
171.6. "Public performance", in the case of a work other than an audiovisual work, is the recitation, playing,
dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the
case of an audiovisual work, the showing of its images in sequence and the making of the sounds
accompanying it audible; and, in the case of a sound recording, making the recorded sounds audible at a
place or at places where persons outside the normal circle of a family and that family's closest social
acquaintances are or can be present, irrespective of whether they are or can be present at the same place
and at the same time, or at different places and/or at different times, and where the performance can be
perceived without the need for communication within the meaning of Subsection 171.3;
171.7. "Published works" means works, which, with the consent of the authors, are made available to the
public by wire or wireless means in such a way that members of the public may access these works from a
place and time individually chosen by them: Provided, That availability of such copies has been such, as to
satisfy the reasonable requirements of the public, having regard to the nature of the work;
171.8. "Rental" is the transfer of the possession of the original or a copy of a work or a sound recording for a
limited period of time, for profit-making purposes;
171.9. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner
or form (Sec. 41 (E), P.D. No. 49 a);
171.10. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article,
whether made by hand or produced on an industrial scale;
171.11. A "work of the Government of the Philippines" is a work created by an officer or employee of the
Philippine Government or any of its subdivisions and instrumentalities, including government-owned or
controlled corporations as a part of his regularly prescribed official duties.
CHAPTER II
ORIGINAL WORKS
Section 172. Literary and Artistic Works. - 172.1. Literary and artistic works, hereinafter referred to as "works",
are original intellectual creations in the literary and artistic domain protected from the moment of their creation
and shall include in particular:
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced
in writing or other material form;
(d) Letters;
(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb
shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art;
models or designs for works of art;
(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as
an industrial design, and other works of applied art;
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science;
(j) Drawings or plastic works of a scientific or technical character;
(k) Photographic works including works produced by a process analogous to photography; lantern
slides;
(l) Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings;
(m) Pictorial illustrations and advertisements;
(n) Computer programs; and
(o) Other literary, scholarly, scientific and artistic works.
172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression,
as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a)
CHAPTER III
DERIVATIVE WORKS
Section 173. Derivative Works. - 173.1. The following derivative works shall also be protected by copyright:
(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of
literary or artistic works; and
(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials
which are original by reason of the selection or coordination or arrangement of their contents. (Sec.
2, [P] and [Q], P.D. No. 49)
173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works:
Provided however, That such new work shall not affect the force of any subsisting copyright upon the original
works employed or any part thereof, or be construed to imply any right to such use of the original works, or to
secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10, TRIPS)
Section 174. Published Edition of Work. - In addition to the right to publish granted by the author, his heirs, or
assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the typographical
arrangement of the published edition of the work. (n)
CHAPTER IV
WORKS NOT PROTECTED
Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle,
discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news
of the day and other miscellaneous facts having the character of mere items of press information; or any
official text of a legislative, administrative or legal nature, as well as any official translation thereof (n)
Section 176. Works of the Government. - 176.1. No copyright shall subsist in any work of the Government of
the Philippines. However, prior approval of the government agency or office wherein the work is created shall
be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose
as a condition the payment of royalties. No prior approval or conditions shall be required for the use of any
purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations,
pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies
and in meetings of public character. (Sec. 9, first par., P.D. No. 49)
176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding
paragraphs shall have the exclusive right of making a collection of his works. (n)
176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding
copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the
Government in a public document of any work in which copyright is subsisting be taken to cause any
abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the
consent of the copyright owner. (Sec. 9, third par., P.D. No. 49)
CHAPTER V
COPYRIGHT OR ECONOMIC RIGHTS
Section 177. Copyright or Economic Rights. - Subject to the provisions of Chapter VIII, copyright or economic
rights shall consist of the exclusive right to carry out, authorize or prevent the following acts:
177.1. Reproduction of the work or substantial portion of the work;
177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;
177.3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of
ownership;
177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound Section 180. Rights of Assignee. - 180.1. The copyright may be assigned in whole or in part. Within the scope
recording, a computer program, a compilation of data and other materials or a musical work in graphic form, of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect
irrespective of the ownership of the original or the copy which is the subject of the rental; (n) to the copyright.

177.5. Public display of the original or a copy of the work; 180.2. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication
of such intention.

177.6. Public performance of the work; and

180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for
publication shall constitute only a license to make a single publication unless a greater right is expressly
177.7. Other communication to the public of the work. (Sec. 5, P. D. No. 49a) granted. If two (2) or more persons jointly own a copyright or any part thereof, neither of the owners shall be
entitled to grant licenses without the prior written consent of the other owner or owners. (Sec. 15, P.D. No. 49a)
CHAPTER VI
OWNERSHIP OF COPYRIGHT Section 181. Copyright and Material Object. - The copyright is distinct from the property in the material object
subject to it. Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of
the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work
Section 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following rules:
imply transfer or assignment of the copyright. (Sec. 16, P.D. No. 49)

178.1 Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall
Section 182. Filing of Assignment or License. - An assignment or exclusive license may be filed in duplicate
belong to the author of the work;
with the National Library upon payment of the prescribed fee for registration in books and records kept for the
purpose. Upon recording, a copy of the instrument shall be returned to the sender with a notation of the fact of
178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and record. Notice of the record shall be published in the IPO Gazette. (Sec. 19, P.D. No. 49a)
in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work
of joint authorship consists of parts that can be used separately and the author of each part can be identified,
Section 183. Designation of Society. - The copyright owners or their heirs may designate a society of artists,
the author of each part shall be the original owner of the copyright in the part that he has created;
writers or composers to enforce their economic rights and moral rights on their behalf. (Sec. 32, P.D. No. 49a)

178.3. In the case of work created by an author during and in the course of his employment, the copyright
CHAPTER VIII
shall belong to:
LIMITATIONS ON COPYRIGHT

(a) The employee, if the creation of the object of copyright is not a part of his regular duties even if
Section 184. Limitations on Copyright. - 184.1. Notwithstanding the provisions of Chapter V, the following acts
the employee uses the time, facilities and materials of the employer.
shall not constitute infringement of copyright:

(b) The employer, if the work is the result of the performance of his regularly-assigned duties,
(a) The recitation or performance of a work, once it has been lawfully made accessible to the
unless there is an agreement, express or implied, to the contrary.
public, if done privately and free of charge or if made strictly for a charitable or religious institution
or society; (Sec. 10(1), P.D. No. 49)
178.4. In the case of a work commissioned by a person other than an employer of the author and who pays for
it and the work is made in pursuance of the commission, the person who so commissioned the work shall have
(b) The making of quotations from a published work if they are compatible with fair use and only to
ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written
the extent justified for the purpose, including quotations from newspaper articles and periodicals in
stipulation to the contrary;
the form of press summaries: Provided, That the source and the name of the author, if appearing
on the work, are mentioned; (Sec. 11, third par., P.D. No. 49)
178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario,
the composer of the music, the film director, and the author of the work so adapted. However, subject to
(c) The reproduction or communication to the public by mass media of articles on current political,
contrary or other stipulations among the creators, the producer shall exercise the copyright to an extent
social, economic, scientific or religious topic, lectures, addresses and other works of the same
required for the exhibition of the work in any manner, except for the right to collect performing license fees for
nature, which are delivered in public if such use is for information purposes and has not been
the performance of musical compositions, with or without words, which are incorporated into the work; and
expressly reserved: Provided, That the source is clearly indicated; (Sec. 11, P.D. No. 49)

178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of Article 723 of the
(d) The reproduction and communication to the public of literary, scientific or artistic works as part
Civil Code. (Sec. 6, P.D. No. 49a)
of reports of current events by means of photography, cinematography or broadcasting to the
extent necessary for the purpose; (Sec. 12, P.D. No. 49)
Section 179. Anonymous and Pseudonymous Works. - For purposes of this Act, the publishers shall be
deemed to represent the authors of articles and other writings published without the names of the authors or
(e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound
under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubt as to
recording or film, if such inclusion is made by way of illustration for teaching purposes and is
the author's identity, or if the author of the anonymous works discloses his identity. (Sec. 7, P.D. 49)
compatible with fair use: Provided, That the source and of the name of the author, if appearing in
the work, are mentioned;
CHAPTER VII
TRANSFER OR ASSIGNMENT OF COPYRIGHT
(f) The recording made in schools, universities, or educational institutions of a work included in a
broadcast for the use of such schools, universities or educational institutions: Provided, That such
recording must be deleted within a reasonable period after they were first broadcast: Provided,
 further, That such recording may not be made from audiovisual works which are part of the general
cinema repertoire of feature films except for brief excerpts of the work;
(g) The making of ephemeral recordings by a broadcasting organization by means of its own
facilities and for use in its own broadcast;
(h) The use made of a work by or under the direction or control of the Government, by the National
Library or by educational, scientific or professional institutions where such use is in the public
interest and is compatible with fair use;
(i) The public performance or the communication to the public of a work, in a place where no
admission fee is charged in respect of such public performance or communication, by a club or
institution for charitable or educational purpose only, whose aim is not profit making, subject to
such other limitations as may be provided in the Regulations; (n)
(j) Public display of the original or a copy of the work not made by means of a film, slide, television
image or otherwise on screen or by means of any other device or process: Provided, That either
the work has been published, or, that the original or the copy displayed has been sold, given away
or otherwise transferred to another person by the author or his successor in title; and
(k) Any use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by a legal practitioner.
184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used in a
manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice
the right holder's legitimate interests.
Section 185. Fair Use of a Copyrighted Work. - 185.1. The fair use of a copyrighted work for criticism,
comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and
similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the
reproduction of the code and translation of the forms of the computer program to achieve the inter-operability
of an independently created computer program with other programs may also constitute fair use. In
determining whether the use made of a work in any particular case is fair use, the factors to be considered
shall include:
(a) The purpose and character of the use, including whether such use is of a commercial nature or
is for non-profit educational purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
and
(d) The effect of the use upon the potential market for or value of the copyrighted work.
185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made
upon consideration of all the above factors.
Section 186. Work of Architecture. - Copyright in a work of architecture shall include the right to control the
erection of any building which reproduces the whole or a substantial part of the work either in its original form
or in any form recognizably derived from the original: Provided, That the copyright in any such work shall not
include the right to control the reconstruction or rehabilitation in the same style as the original of a building to
which that copyright relates. (n)
Section 187. Reproduction of Published Work. - 187.1. Notwithstanding the provision of Section 177, and
subject to the provisions of Subsection 187.2, the private reproduction of a published work in a single copy,
where the reproduction is made by a natural person exclusively for research and private study, shall be
permitted, without the authorization of the owner of copyright in the work.
187.2. The permission granted under Subsection 187.1 shall not extend to the reproduction of:
(a) A work of architecture in the form of building or other construction;
(b) An entire book, or a substantial part thereof, or of a musical work in graphic form by
reprographic means;
(c) A compilation of data and other materials;
(d) A computer program except as provided in Section 189; and
(e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of
the work or would otherwise unreasonably prejudice the legitimate interests of the author. (n)
Section 188. Reprographic Reproduction by Libraries. - 188.1. Notwithstanding the provisions of Subsection
177.6, any library or archive whose activities are not for profit may, without the authorization of the author of
copyright owner, make a single copy of the work by reprographic reproduction:
(a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original
form;
(b) Where the works are isolated articles contained in composite works or brief portions of other
published works and the reproduction is necessary to supply them, when this is considered
expedient, to persons requesting their loan for purposes of research or study instead of lending the
volumes or booklets which contain them; and
(c) Where the making of such a copy is in order to preserve and, if necessary in the event that it is
lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of
another similar library or archive, a copy which has been lost, destroyed or rendered unusable and
copies are not available with the publisher.
188.2. Notwithstanding the above provisions, it shall not be permissible to produce a volume of a work
published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the
volume, tome or part is out of stock: Provided, That every library which, by law, is entitled to receive copies of
a printed work, shall be entitled, when special reasons so require, to reproduce a copy of a published work
which is considered necessary for the collection of the library but which is out of stock. (Sec. 13, P.D. 49a)
Section 189. Reproduction of Computer Program. - 189.1. Notwithstanding the provisions of Section 177, the
reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted, without the
authorization of the author of, or other owner of copyright in, a computer program, by the lawful owner of that
computer program: Provided, That the copy or adaptation is necessary for:
(a) The use of the computer program in conjunction with a computer for the purpose, and to the
extent, for which the computer program has been obtained; and
(b) Archival purposes, and, for the replacement of the lawfully owned copy of the computer
program in the event that the lawfully obtained copy of the computer program is lost, destroyed or
rendered unusable.
189.2. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones
determined in this Section, and any such copy or adaptation shall be destroyed in the event that continued
possession of the copy of the computer program ceases to be lawful.
189.3. This provision shall be without prejudice to the application of Section 185 whenever appropriate. (n)
Section 190. Importation for Personal Purposes. - 190.1. Notwithstanding the provision of Subsection 177.6,
but subject to the limitation under the Subsection 185.2, the importation of a copy of a work by an individual for
his personal purposes shall be permitted without the authorization of the author of, or other owner of copyright
in, the work under the following circumstances:
(a) When copies of the work are not available in the Philippines and:
(i) Not more than one (1) copy at one time is imported for strictly individual use only; or
(ii) The importation is by authority of and for the use of the Philippine Government; or
(iii) The importation, consisting of not more than three (3) such copies or likenesses in
any one invoice, is not for sale but for the use only of any religious, charitable, or
educational society or institution duly incorporated or registered, or is for the
encouragement of the fine arts, or for any state school, college, university, or free
public library in the Philippines.
(b) When such copies form parts of libraries and personal baggage belonging to persons or
families arriving from foreign countries and are not intended for sale: Provided, That such copies
do not exceed three (3).
190.2. Copies imported as allowed by this Section may not lawfully be used in any way to violate the rights of
owner the copyright or annul or limit the protection secured by this Act, and such unlawful use shall be
deemed an infringement and shall be punishable as such without prejudice to the proprietor's right of action.
190.3. Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby
empowered to make rules and regulations for preventing the importation of articles the importation of which is
prohibited under this Section and under treaties and conventions to which the Philippines may be a party and
for seizing and condemning and disposing of the same in case they are discovered after they have been
imported. (Sec. 30, P.D. No. 49)
CHAPTER IX
DEPOSIT AND NOTICE
Section 191. Registration and Deposit with National Library and the Supreme Court Library. - After the first
public dissemination of performance by authority of the copyright owner of a work falling under Subsections
172.1, 172.2 and 172.3 of this Act, there shall, for the purpose of completing the records of the National
Library and the Supreme Court Library, within three (3) weeks, be registered and deposited with it, by personal
delivery or by registered mail two (2) complete copies or reproductions of the work in such form as the
directors of said libraries may prescribe. A certificate of deposit shall be issued for which the prescribed fee
shall be collected and the copyright owner shall be exempt from making additional deposit of the works with
the National Library and the Supreme Court Library under other laws. If, within three (3) weeks after receipt by
the copyright owner of a written demand from the directors for such deposit, the required copies or
reproductions are not delivered and the fee is not paid, the copyright owner shall be liable to pay a fine
equivalent to the required fee per month of delay and to pay to the National Library and the Supreme Court
Library the amount of the retail price of the best edition of the work. Only the above mentioned classes of work
shall be accepted for deposit by the National Library and the Supreme Court Library. (Sec. 26, P.D. No. 49a)
Section 192. Notice of Copyright. - Each copy of a work published or offered for sale may contain a notice
bearing the name of the copyright owner, and the year of its first publication, and, in copies produced after the
creator's death, the year of such death. (Sec. 27, P.D. No. 49a)
CHAPTER X
MORAL RIGHTS
Section 193. Scope of Moral Rights. - The author of a work shall, independently of the economic rights in
Section 177 or the grant of an assignment or license with respect to such right, have the right:
193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as
far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his
work;
193.2. To make any alterations of his work prior to, or to withhold it from publication;
193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to,
his work which would be prejudicial to his honor or reputation; and
193.4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version
of his work. (Sec. 34, P.D. No. 49)
Section 194. Breach of Contract. - An author cannot be compelled to perform his contract to create a work or
for the publication of his work already in existence. However, he may be held liable for damages for breach of
such contract. (Sec. 35, P.D. No. 49)
Section 195. Waiver of Moral Rights. - An author may waive his rights mentioned in Section 193 by a written
instrument, but no such waiver shall be valid where its effects is to permit another:
195.1. To use the name of the author, or the title of his work, or otherwise to make use of his reputation with
respect to any version or adaptation of his work which, because of alterations therein, would substantially tend
to injure the literary or artistic reputation of another author; or
195.2. To use the name of the author with respect to a work he did not create. (Sec. 36, P.D. No. 49)
Section 196. Contribution to Collective Work. - When an author contributes to a collective work, his right to
have his contribution attributed to him is deemed waived unless he expressly reserves it. (Sec. 37, P.D. No. 49)
Section 197. Editing, Arranging and Adaptation of Work. - In the absence of a contrary stipulation at the time
an author licenses or permits another to use his work, the necessary editing, arranging or adaptation of such
work, for publication, broadcast, use in a motion picture, dramatization, or mechanical or electrical
reproduction in accordance with the reasonable and customary standards or requirements of the medium in
which the work is to be used, shall not be deemed to contravene the author's rights secured by this chapter.
Nor shall complete destruction of a work unconditionally transferred by the author be deemed to violate such
rights. (Sec. 38, P.D. No. 49)
Section 198. Term of Moral Rights. - 198.1. The rights of an author under this chapter shall last during the
lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license.
The person or persons to be charged with the posthumous enforcement of these rights shall be named in
writing to be filed with the National Library. In default of such person or persons, such enforcement shall
devolve upon either the author's heirs, and in default of the heirs, the Director of the National Library.
198.2. For purposes of this Section, "Person" shall mean any individual, partnership, corporation, association,
or society. The Director of the National Library may prescribe reasonable fees to be charged for his services in
the application of provisions of this Section. (Sec. 39, P.D. No. 49)
Section 199. Enforcement Remedies. - Violation of any of the rights conferred by this Chapter shall entitle
those charged with their enforcement to the same rights and remedies available to a copyright owner. In
addition, damages which may be availed of under the Civil Code may also be recovered. Any damage
recovered after the creator's death shall be held in trust for and remitted to his heirs, and in default of the heirs,
shall belong to the government. (Sec. 40, P D No. 49)
 CHAPTER XI
RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS
Section 200. Sale or Lease of Work. - In every sale or lease of an original work of painting or sculpture or of
the original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the
author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the
extent of five percent (5%). This right shall exist during the lifetime of the author and for fifty (50) years after
his death. (Sec. 31, P.D. No. 49)
Section 201. Works Not Covered. - The provisions of this Chapter shall not apply to prints, etchings,
engravings, works of applied art, or works of similar kind wherein the author primarily derives gain from the
proceeds of reproductions. (Sec. 33, P.D. No. 49)
CHAPTER XII
RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING
ORGANIZATIONS
Section 202. Definitions. - For the purpose of this Act, the following terms shall have the following meanings:
202.1. "Performers" are actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in,
interpret, or otherwise perform literary and artistic work;
202.2. "Sound recording" means the fixation of the sounds of a performance or of other sounds, or
representation of sound, other than in the form of a fixation incorporated in a cinematographic or other
audiovisual work;
202.3. An "audiovisual work or fixation" is a work that consists of a series of related images which impart the
impression of motion, with or without accompanying sounds, susceptible of being made visible and, where
accompanied by sounds, susceptible of being made audible;
202.4. "Fixation" means the embodiment of sounds, or of the representations thereof, from which they can be
perceived, reproduced or communicated through a device;
202. 5. "Producer of a sound recording" means the person, or the legal entity, who or which takes the initiative
and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the
representation of sounds;
202.6. "Publication of a fixed performance or a sound recording" means the offering of copies of the fixed
performance or the sound recording to the public, with the consent of the right holder: Provided, That copies
are offered to the public in reasonable quality;
202.7. "Broadcasting" means the transmission by wireless means for the public reception of sounds or of
images or of representations thereof; such transmission by satellite is also "broadcasting" where the means for
decrypting are provided to the public by the broadcasting organization or with its consent;
202.8. "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage
in broadcasting; and
202.9 "Communication to the public of a performance or a sound recording" means the transmission to the
public, by any medium, otherwise than by broadcasting, of sounds of a performance or the representations of
sounds fixed in a sound recording. For purposes of Section 209, "communication to the public" includes
making the sounds or representations of sounds fixed in a sound recording audible to the public.
Section 203. Scope of Performers' Rights. - Subject to the provisions of Section 212, performers shall enjoy
the following exclusive rights:
203.1. As regards their performances, the right of authorizing:
(a) The broadcasting and other communication to the public of their performance; and
(b) The fixation of their unfixed performance.
203.2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound
recordings, in any manner or form;
203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the
original and copies of their performance fixed in the sound recording through sale or rental or other forms of
transfer of ownership;
203.4. The right of authorizing the commercial rental to the public of the original and copies of their
performances fixed in sound recordings, even after distribution of them by, or pursuant to the authorization by
the performer; and
203.5. The right of authorizing the making available to the public of their performances fixed in sound
recordings, by wire or wireless means, in such a way that members of the public may access them from a
place and time individually chosen by them. (Sec. 42, P.D. No. 49a)
Section 204. Moral Rights of Performers. - 204.1. Independently of a performer's economic rights, the
performer, shall, as regards his live aural performances or performances fixed in sound recordings, have the
right to claim to be identified as the performer of his performances, except where the omission is dictated by
the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his
performances that would be prejudicial to his reputation.
204.2. The rights granted to a performer in accordance with Subsection 203.1 shall be maintained and
exercised fifty (50) years after his death, by his heirs, and in default of heirs, the government, where protection
is claimed. (Sec. 43, P.D. No. 49)
Section 205. Limitation on Right. - 205.1. Subject to the provisions of Section 206, once the performer has
authorized the broadcasting or fixation of his performance, the provisions of Sections 203 shall have no further
application.
205.2. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. (n)
Section 206. Additional Remuneration for Subsequent Communications or Broadcasts. - Unless otherwise
provided in the contract, in every communication to the public or broadcast of a performance subsequent to
the first communication or broadcast thereof by the broadcasting organization, the performer shall be entitled
to an additional remuneration equivalent to at least five percent (5%) of the original compensation he or she
received for the first communication or broadcast. (n)
Section 207. Contract Terms. - Nothing in this Chapter shall be construed to deprive performers of the right to
agree by contracts on terms and conditions more favorable for them in respect of any use of their performance.
(n)
CHAPTER XIII
PRODUCERS OF SOUND RECORDINGS
Section 208. Scope of Right. - Subject to the provisions of Section 212, producers of sound recordings shall
enjoy the following exclusive rights:
208.1. The right to authorize the direct or indirect reproduction of their sound recordings, in any manner or
form; the placing of these reproductions in the market and the right of rental or lending;
208.2. The right to authorize the first public distribution of the original and copies of their sound recordings
through sale or rental or other forms of transferring ownership; and
208.3. The right to authorize the commercial rental to the public of the original and copies of their sound
recordings, even after distribution by them by or pursuant to authorization by the producer. (Sec. 46, P.D. No.
49a)
Section 209. Communication to the Public. - If a sound recording published for commercial purposes, or a
reproduction of such sound recording, is used directly for broadcasting or for other communication to the
public, or is publicly performed with the intention of making and enhancing profit, a single equitable
remuneration for the performer or performers, and the producer of the sound recording shall be paid by the
user to both the performers and the producer, who, in the absence of any agreement shall share equally. (Sec.
47, P.D. No. 49a)
Section 210. Limitation of Right. - Sections 184 and 185 shall apply mutatis mutandis to the producer of
sound recordings. (Sec. 48, P.D. No. 49a)
CHAPTER XIV
BROADCASTING ORGANIZATIONS
Section 211. Scope of Right. - Subject to the provisions of Section 212, broadcasting organizations shall
enjoy the exclusive right to carry out, authorize or prevent any of the following acts:
211.1. The rebroadcasting of their broadcasts;
211.2. The recording in any manner, including the making of films or the use of video tape, of their broadcasts
for the purpose of communication to the public of television broadcasts of the same; and
211.3. The use of such records for fresh transmissions or for fresh recording. (Sec. 52, P.D. No. 49)
CHAPTER XV
LIMITATIONS ON PROTECTION
Section 212. Limitations on Rights. - Sections 203, 208 and 209 shall not apply where the acts referred to in
those Sections are related to:
212.1. The use by a natural person exclusively for his own personal purposes;
212.2. Using short excerpts for reporting current events;
212.3. Use solely for the purpose of teaching or for scientific research; and
212.4. Fair use of the broadcast subject to the conditions under Section 185. (Sec. 44, P.D. No. 49a)
CHAPTER XVI
TERM OF PROTECTION
Section 213. Term of Protection. - 213.1. Subject to the provisions of Subsections 213.2 to 213.5, the
copyright in works under Sections 172 and 173 shall be protected during the life of the author and for fifty (50)
years after his death. This rule also applies to posthumous works. (Sec. 21, first sentence, P.D. No. 49a)
213.2. In case of works of joint authorship, the economic rights shall be protected during the life of the last
surviving author and for fifty (50) years after his death. (Sec. 21, second sentence, P.D. No. 49)
213.3. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from
the date on which the work was first lawfully published: Provided, That where, before the expiration of the said
period, the author's identity is revealed or is no longer in doubt, the provisions of Subsections 213.1. and 213.2
shall apply, as the case may be: Provided, further, That such works if not published before shall be protected
for fifty (50) years counted from the making of the work. (Sec. 23, P.D. No. 49)
213.4. In case of works of applied art the protection shall be for a period of twenty-five (25) years from the date
of making. (Sec. 24(B), P.D. No. 49a)
213.5. In case of photographic works, the protection shall be for fifty (50) years from publication of the work
and, if unpublished, fifty (50) years from the making. (Sec. 24(C), P.D. 49a)
213.6. In case of audio-visual works including those produced by process analogous to photography or any
process for making audio-visual recordings, the term shall be fifty (50) years from date of publication and, if
unpublished, from the date of making. (Sec. 24(C), P.D. No. 49a)
Section 214. Calculation of Term. - The term of protection subsequent to the death of the author provided in
the preceding Section shall run from the date of his death or of publication, but such terms shall always be
deemed to begin on the first day of January of the year following the event which gave rise to them. (Sec. 25,
P.D. No. 49)
Section 215. Term of Protection for Performers, Producers and Broadcasting Organizations. - 215.1. The
rights granted to performers and producers of sound recordings under this law shall expire:
(a) For performances not incorporated in recordings, fifty (50) years from the end of the year in
which the performance took place; and
(b) For sound or image and sound recordings and for performances incorporated therein, fifty (50)
years from the end of the year in which the recording took place.
215.2. In case of broadcasts, the term shall be twenty (20) years from the date the broadcast took place. The
extended term shall be applied only to old works with subsisting protection under the prior law. (Sec. 55, P.D.
No. 49a)
CHAPTER XVII
INFRINGEMENT
Section 216. Remedies for Infringement. - 216.1. Any person infringing a right protected under this law shall
be liable:
(a) To an injunction restraining such infringement. The court may also order the defendant to desist
from an infringement, among others, to prevent the entry into the channels of commerce of
imported goods that involve an infringement, immediately after customs clearance of such goods.
(b) Pay to the copyright proprietor or his assigns or heirs such actual damages, including legal
costs and other expenses, as he may have incurred due to the infringement as well as the profits
the infringer may have made due to such infringement, and in proving profits the plaintiff shall be
required to prove sales only and the defendant shall be required to prove every element of cost
which he claims, or, in lieu of actual damages and profits, such damages which to the court shall
appear to be just and shall not be regarded as penalty.
(c) Deliver under oath, for impounding during the pendency of the action, upon such terms and
conditions as the court may prescribe, sales invoices and other documents evidencing sales, all
articles and their packaging alleged to infringe a copyright and implements for making them.
 (d) Deliver under oath for destruction without any compensation all infringing copies or devices, as
well as all plates, molds, or other means for making such infringing copies as the court may order.
(e) Such other terms and conditions, including the payment of moral and exemplary damages,
which the court may deem proper, wise and equitable and the destruction of infringing copies of
the work even in the event of acquittal in a criminal case.
216.2. In an infringement action, the court shall also have the power to order the seizure and impounding of
any article which may serve as evidence in the court proceedings. (Sec. 28, P.D. No. 49a)
Section 217. Criminal Penalties. - 217.1. Any person infringing any right secured by provisions of Part IV of
this Act or aiding or abetting such infringement shall be guilty of a crime punishable by:
(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos
(P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense.
(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One
hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the
second offense.
(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five
hundred thousand pesos (P500,000) to One million five hundred thousand pesos (P1,500,000) for
the third and subsequent offenses.
(d) In all cases, subsidiary imprisonment in cases of insolvency.
217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the
value of the infringing materials that the defendant has produced or manufactured and the damage that the
copyright owner has suffered by reason of the infringement.
217.3. Any person who at the time when copyright subsists in a work has in his possession an article which he
knows, or ought to know, to be an infringing copy of the work for the purpose of:
(a) Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article;
(b) Distributing the article for purpose of trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work; or
(c) Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on
conviction to imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a)
Section 218. Affidavit Evidence. - 218.1. In an action under this Chapter, an affidavit made before a notary
public by or on behalf of the owner of the copyright in any work or other subject matter and stating that:
(a) At the time specified therein, copyright subsisted in the work or other subject matter;
(b) He or the person named therein is the owner of the copyright; and
(c) The copy of the work or other subject matter annexed thereto is a true copy thereof, shall be
admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie
proof of the matters therein stated until the contrary is proved, and the court before which such
affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the
copyright.
218.2. In an action under this Chapter:
(a) Copyright shall be presumed to subsist in the work or other subject matter to which the action
relates if the defendant does not put in issue the question whether copyright subsists in the work or
other subject matter; and
(b) Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the
owner of the copyright if he claims to be the owner of the copyright and the defendant does not put
in issue the question of his ownership.
(c) Where the defendant, without good faith, puts in issue the questions of whether copyright
subsists in a work or other subject matter to which the action relates, or the ownership of copyright
in such work or subject matter, thereby occasioning unnecessary costs or delay in the proceedings,
the court may direct that any costs to the defendant in respect of the action shall not be allowed by
him and that any costs occasioned by the defendant to other parties shall be paid by him to such
other parties. (n)
Section 219. Presumption of Authorship. - 219.1. The natural person whose name is indicated on a work in
the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of
the work. This provision shall be applicable even if the name is a pseudonym, where the pseudonym leaves
no doubt as to the identity of the author.
219.2. The person or body corporate whose name appears on a audio-visual work in the usual manner shall,
in the absence of proof to the contrary, be presumed to be the maker of said work. (n)
Section 220. International Registration of Works. - A statement concerning a work, recorded in an
international register in accordance with an international treaty to which the Philippines is or may become a
party, shall be construed as true until the contrary is proved except:
220.1. Where the statement cannot be valid under this Act or any other law concerning intellectual property.
220.2. Where the statement is contradicted by another statement recorded in the international register. (n)
CHAPTER XVIII
SCOPE OF APPLICATION
Section 221. Points of Attachment for Works under Sections 172 and 173. - 221.1. The protection afforded by
this Act to copyrightable works under Sections 172 and 173 shall apply to:
(a) Works of authors who are nationals of, or have their habitual residence in, the Philippines;
(b) Audio-visual works the producer of which has his headquarters or habitual residence in the
Philippines;
(c) Works of architecture erected in the Philippines or other artistic works incorporated in a building
or other structure located in the Philippines;
(d) Works first published in the Philippines; and
(e) Works first published in another country but also published in the Philippines within thirty days,
irrespective of the nationality or residence of the authors.
221.2. The provisions of this Act shall also apply to works that are to be protected by virtue of and in
accordance with any international convention or other international agreement to which the Philippines is a
party. (n)
Section 222. Points of Attachment for Performers. - The provisions of this Act on the protection of performers
shall apply to:
222.1. Performers who are nationals of the Philippines;
222.2. Performers who are not nationals of the Philippines but whose performances:
(a) Take place in the Philippines; or
(b) Are incorporated in sound recordings that are protected under this Act; or
(c) Which has not been fixed in sound recording but are carried by broadcast qualifying for
protection under this Act. (n)
Section 223. Points of Attachment for Sound Recordings. - The provisions of this Act on the protection of
sound recordings shall apply to:
223.1. Sound recordings the producers of which are nationals of the Philippines; and
223.2. Sound recordings that were first published in the Philippines. (n)
Section 224. Points of Attachment for Broadcasts. - 224.1. The provisions of this Act on the protection of
broadcasts shall apply to:
(a) Broadcasts of broadcasting organizations the headquarters of which are situated in the
Philippines; and
(b) Broadcasts transmitted from transmitters situated in the Philippines.
224.2. The provisions of this Act shall also apply to performers who, and to producers of sound recordings and
broadcasting organizations which, are to be protected by virtue of and in accordance with any international
convention or other international agreement to which the Philippines is a party. (n)
CHAPTER XIX
INSTITUTION OF ACTIONS
Section 225. Jurisdiction. - Without prejudice to the provisions of Subsection 7.1(c), actions under this Act
shall be cognizable by the courts with appropriate jurisdiction under existing law. (Sec. 57, P.D. No. 49a)
Section 226. Damages. - No damages may be recovered under this Act after four (4) years from the time the
cause of action arose. (Sec. 58, P.D. No. 49)
CHAPTER XX
MISCELLANEOUS PROVISIONS
Section 227. Ownership of Deposit and Instruments. - All copies deposited and instruments in writing filed
with the National Library and the Supreme Court Library in accordance with the provisions of this Act shall
become the property of the Government. (Sec. 60, P.D. No. 49)
Section 228. Public Records. - The section or division of the National Library and the Supreme Court Library
charged with receiving copies and instruments deposited and with keeping records required under this Act and
everything in it shall be opened to public inspection. The Director of the National Library is empowered to
issue such safeguards and regulations as may be necessary to implement this Section and other provisions of
this Act. (Sec. 61, P.D. No. 49)
Section 229. Copyright Division; Fees. - The Copyright Section of the National Library shall be classified as a
Division upon the effectivity of this Act. The National Library shall have the power to collect, for the discharge
of its services under this Act, such fees as may be promulgated by it from time to time subject to the approval
of the Department Head. (Sec. 62, P.D. 49a)
PART V
FINAL PROVISIONS
Section 230. Equitable Principles to Govern Proceedings. - In all inter partes proceedings in the Office under
this Act, the equitable principles of laches, estoppel, and acquiescence where applicable, may be considered
and applied. (Sec. 9-A, R.A. No. 165)
Section 231. Reverse Reciprocity of Foreign Laws. - Any condition, restriction, limitation, diminution,
requirement, penalty or any similar burden imposed by the law of a foreign country on a Philippine national
seeking protection of intellectual property rights in that country, shall reciprocally be enforceable upon
nationals of said country, within Philippine jurisdiction. (n)
Section 232. Appeals. - 232.1. Appeals from decisions of regular courts shall be governed by the Rules of
Court. Unless restrained by a higher court, the judgment of the trial court shall be executory even pending
appeal under such terms and conditions as the court may prescribe.
232.2. Unless expressly provided in this Act or other statutes, appeals from decisions of administrative officials
shall be provided in the Regulations. (n)
Section 233. Organization of the Office; Exemption from the Salary Standardization Law and the Attrition Law.
- 233.1. The Office shall be organized within one (1) year after the approval of this Act. It shall not be subject
to the provisions of Republic Act No. 7430.
233.2. The Office shall institute its own compensation structure: Provided, That the Office shall make its own
system conform as closely as possible with the principles provided for under Republic Act No. 6758. (n)
Section 234. Abolition of the Bureau of Patents, Trademarks, and Technology Transfer. - The Bureau of
Patents, Trademarks, and Technology Transfer under the Department of Trade and Industry is hereby
abolished. All unexpended funds and fees, fines, royalties and other charges collected for the calendar year,
properties, equipment and records of the Bureau of Patents, Trademarks and Technology Transfer, and such
personnel as may be necessary are hereby transferred to the Office. Personnel not absorbed or transferred to
the Office shall enjoy the retirement benefits granted under existing law, otherwise, they shall be paid the
equivalent of one month basic salary for every year of service, or the equivalent nearest fractions thereof
favorable to them on the basis of the highest salary received.(n)
Section 235. Applications Pending on Effective Date of Act. - 235.1. All applications for patents pending in the
Bureau of Patents, Trademarks and Technology Transfer shall be proceeded with and patents thereon
granted in accordance with the Acts under which said applications were filed, and said Acts are hereby
continued to be enforced, to this extent and for this purpose only, notwithstanding the foregoing general repeal
thereof: Provided, That applications for utility models or industrial designs pending at the effective date of this
Act, shall be proceeded with in accordance with the provisions of this Act, unless the applicants elect to
prosecute said applications in accordance with the Acts under which they were filed.
235.2. All applications for registration of marks or trade names pending in the Bureau of Patents, Trademarks
and Technology Transfer at the effective date of this Act may be amended, if practicable to bring them under
the provisions of this Act. The prosecution of such applications so amended and the grant of registrations
thereon shall be proceeded with in accordance with the provisions of this Act. If such amendments are not
made, the prosecution of said applications shall be proceeded with and registrations thereon granted in
accordance with the Acts under which said applications were filed, and said Acts are hereby continued in force
to this extent for this purpose only, notwithstanding the foregoing general repeal thereof (n)
Section 236. Preservation of Existing Rights. - Nothing herein shall adversely affect the rights on the
enforcement of rights in patents, utility models, industrial designs, marks and works, acquired in good faith
prior to the effective date of this Act. (n)
Section 237. Notification on Berne Appendix. - The Philippines shall by proper compliance with the
requirements set forth under the Appendix of the Berne Convention (Paris Act, 1971) avail itself of the special
provisions regarding developing countries, including provisions for licenses grantable by competent authority
under the Appendix. (n)
Section 238. Appropriations. - The funds needed to carry out the provisions of this Act shall be charged to the
appropriations of the Bureau of Patents, Trademarks, and Technology Transfer under the current General
Appropriations Act and the fees, fines, royalties and other charges collected by the Bureau for the calendar
year pursuant to Sections 14.1 and 234 of this Act. Thereafter such sums as may be necessary for its
continued implementations shall be included in the annual General Appropriations Act. (n)
Section 239. Repeals. - 239.1. All Acts and parts of Acts inconsistent herewith, more particularly Republic Act
No. 165, as amended; Republic Act No. 166, as amended; and Articles 188 and 189 of the Revised Penal
Code; Presidential Decree No. 49, including Presidential Decree No. 285, as amended, are hereby repealed.
239.2. Marks registered under Republic Act No. 166 shall remain in force but shall be deemed to have been
granted under this Act and shall be due for renewal within the period provided for under this Act and, upon
renewal shall be reclassified in accordance with the International Classification. Trade names and marks
registered in the Supplemental Register under Republic Act No. 166 shall remain in force but shall no longer
be subject to renewal.
239.3. The provisions of this Act shall apply to works in which copyright protection obtained prior to the
effectivity of this Act is subsisting: Provided, That the application of this Act shall not result in the diminution of
such protection. (n)
Section 240. Separability. - If any provision of this Act or the application of such provision to any
circumstances is held invalid, the remainder of the Act shall not be affected thereby. (n)
Section 241. Effectivity. - This Act shall take effect on 1 January 1998. (n)
Approved: June 6, 1997
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 nation’s 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 user’s 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) Subscriber’s 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 subscriber’s 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 communication’s origin, destination, route, time,
date, size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
(b) Computer-related Offenses:
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.
(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. 9775.1âwphi1
(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 communication’s 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 subscriber’s 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 (h) To perform all other matters related to cybercrime prevention and suppression, including
cases. capacity building and such other functions and duties as may be necessary for the proper
implementation of this Act.

CHAPTER VI
INTERNATIONAL COOPERATION CHAPTER VIII
FINAL PROVISIONS

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 Section 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated
legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings annually for the implementation of this Act.
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.
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
CHAPTER VII (90) days from approval of this Act, for its effective implementation.
COMPETENT AUTHORITIES

Section 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected
Section 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ shall remain in full force and effect.
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 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.

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 Approved,
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 (Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE
agencies.1âwphi1 Speaker of the House of Representatives President of the Senate

Section 26. Powers and Functions. — The CICC shall have the following powers and functions: This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the
Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.
(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); (Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of Senate
(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress House of Representatives
cybercrime activities as provided for in this Act;
Approved: SEP 12 2012
(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution
agencies;
RA 3019

(d) To facilitate international cooperation on intelligence, investigations, training and capacity

building related to cybercrime prevention, suppression and prosecution;
ANTI-GRAFT AND CORRUPT PRACTICES ACT

(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;
Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a
public office is a public trust, to repress certain acts of public officers and private persons alike which
constitute graft or corrupt practices or which may lead thereto.

Section 2. Definition of terms. As used in this Act, that term

(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s
mandated tasks and functions; and
(a) "Government" includes the national government, the local governments, the government-
owned and government-controlled corporations, and all other instrumentalities or agencies of the
Republic of the Philippines and their branches.
 (b) "Public officer" includes elective and appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or exempt service receiving compensation,
even nominal, from the government as defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other
than a member of the public officer's immediate family, in behalf of himself or of any member of his
family or relative within the fourth civil degree, either by consanguinity or affinity, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift is under
the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby
declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene
under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which
has pending official business with him during the pendency thereof or within one year after its
termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within
a reasonable time on any matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in which
he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of
its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or
offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging
or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together
with the offending public officer, be punished under Section nine of this Act and shall be permanently or
temporarily disqualified in the discretion of the Court, from transacting business in any form with the
Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or exploit or take advantage of such family or close
personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary
advantage from any other person having some business, transaction, application, request or contract with the
government, in which such public official has to intervene. Family relation shall include the spouse or relatives
by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close
personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy
which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit
any of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of
the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene,
directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That
this section shall not apply to any person who, prior to the assumption of office of any of the above officials to
whom he is related, has been already dealing with the Government along the same line of business, nor to
any transaction, contract or application already existing or pending at the time of such assumption of public
office, nor to any application filed by him the approval of which is not discretionary on the part of the official or
officials concerned but depends upon compliance with requisites provided by law, or rules or regulations
issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a
profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the
Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest
in any specific business enterprise which will be directly and particularly favored or benefited by any law or
resolution authored by him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in Congress
of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest
prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after
such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this
Act or after assuming office, and within the month of January of every other year thereafter, as well as upon
the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with
the office of the corresponding Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of members of the Congress and the
officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed
and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income,
the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding
calendar year: Provided, That public officers assuming office less than two months before the end of the
calendar year, may file their statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act
Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired during
his incumbency, whether in his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for
dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may
be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown.
Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any
provision of law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts
or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less
than one year nor more than ten years, perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of
the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the
Government, the amount of money or the thing he may have given to the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a
fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment
not exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal
or dismissal of a public officer, even if no criminal prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within
the original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under
a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in
court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries
and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings
have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the
provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer who under the law may legitimately practice his
profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or
occupation involves conspiracy with any other person or public official to commit any of the violations
penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision to any person
or circumstances is declared invalid, the remainder of the Act or the application of such provision to other
persons or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining
unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into
consideration.
Approved: August 17, 1960
Republic Act No. 7080 July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Definition of Terms - As used in this Act, the term -
a) Public Officer means any person holding any public office in the Government of the Republic of
the Philippines by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any
person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business associates by any combination or
series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or
raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or entity in
connection with any government contract or project or by reason of the office or
position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the
National Government or any of its subdivisions, agencies or instrumentalities or
government-owned or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity
or any other form of interest or participation including promise of future employment in
any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or
 6) By taking undue advantage of official position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the Republic of the Philippines.
See Section 2 As amended by Section 12 of RA No.7659
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in
connivance with members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or
series of overt or criminal acts as described in Section 1(d) hereof, in the aggregate amount or total value of at
least Seventy-five million pesos (P75,000,000.00), shall be guilty of the crime of plunder and shall be punished
by life imprisonment with perpetual absolute disqualification from holding any public office. Any person who
participated with said public officer in the commission of plunder shall likewise be punished. In the imposition
of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances shall
be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other
incomes and assets including the properties and shares of stock derived from the deposit or investment
thereof forfeited in favor of the State.
Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall be within
the original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be necessary to
prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the overall unlawful scheme or conspiracy.
Section 5. Suspension and Loss of Benefits - Any public officer against whom any criminal prosecution
under a valid information under this Act in whatever stage of execution and mode of participation, is pending in
court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries
and other benefits which he failed to receive during suspension, unless in the meantime, administrative
proceedings have been filed against him.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully acquired by public officers from them or from
their nominees or transferees shall not be barred by prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of this Act or the application thereof to any person or
circumstance is held invalid, the remaining provisions of this Act and the application of such provisions to other
persons or circumstances shall not be affected thereby.
Section 8. Scope - This Act shall not apply to or affect pending prosecutions or proceedings, or those which
may be instituted under Executive Order No. 1, issued and promulgated on February 28, 1986.
Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its publication in the Official
Gazette and in a newspaper of general circulation.
Approved: July 12, 1991
Republic Act No. 9775
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR
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 "Anti-Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.
Towards this end, the State shall:
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other
conditions prejudicial to his/her development;
(b) Protect every child from all forms of exploitation and abuse including, but not limited to:
(1) the use of a child in pornographic performances and materials; and
(2) the inducement or coercion of a child to engage or be involved in pornography
through whatever means; and
(c) Comply with international treaties to which the Philippines is a signatory or a State party
concerning the rights of children which include, but not limited to, the Convention on the Rights of
the Child, the Optional Protocol to the Convention on the Rights of the Child of the Child on the
Sale of Children, Child Prostitution and Child Pornography, the International Labor Organization
(ILO) Convention No.182 on the Elimination of the Worst Forms of Child Labor and the Convention
Against Transnational Organized Crime.
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take
care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as
defined herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person
who is represented or who is made to appear to be a child as defined herein.
(b) "Child pornography" refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged
or involved in real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving
genital to genital, oral to genital, anal to genital, or oral to anal, whether between
persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
 (5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group,
or any other internet or shared network protocol address.
(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the
public for the use of its computer/s or computer system for the purpose of accessing the internet,
computer games or related services.
(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in
the Philippines.
(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply,
an internet carriage service to the public.
(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a
child for sexual activity or sexual relationship by communicating any form of child pornography. It
includes online enticement or enticement through any other means.
(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission of
sexual activity or production of any form of child pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing
through any means any material or purported material that is intended to cause another to believe
that the material or purported material contains any form of child pornography, regardless of the
actual content of the material or purported material.
(k) "Person" refers to any natural or juridical entity.
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any
form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of the
same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts
as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit
the child to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit
any form of child pornography shall be committed when two (2) or more persons come to an
agreement concerning the commission of any of the said prohibited acts and decide to commit it;
and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another
and shall be punished under Section 15(a) of this Act.
Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other
offenses punishable under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation
occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any offense
under this Act.
Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or designate
special prosecutors to prosecute cases for the violation of this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court
which has territorial jurisdiction over the place where the offense or any of its essential elements was
committed pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".
Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from
obtaining facts and circumstances that any form of child pornography is being committed using its server or
facility. Nothing in this section may be construed to require an ISP to engage in the monitoring of any user,
subscriber or customer, or the content of any communication of any such person: Provided, That no ISP shall
be held civilly liable for damages on account of any notice given in good faith in compliance with this section.
Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant
authorities.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted
to gain access to an internet address which contains any form of child pornography.
All ISPs shall install available technology, program or software to ensure that access to or transmittal of any
form of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty
provided under Section 15(k) of this Act.
The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the
effectivity of this Act the necessary rules and regulations for the implementation of this provision which shall
include, among others, the installation of filtering software that will block access to or transmission of any form
of the child pornography.
Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business
Establishments. - All mall owners/operators and owners or lessors of other business establishments shall
notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child pornography
is being committed in their premises. Provided, That public display of any form of child pornography within
their premises is a conclusive presumption of the knowledge of the mall owners/operators and owners or
lessors of other business establishments of the violation of this Act: Provided, further, That a disputable
presumption of knowledge by mall owners/operators and owners or lessors of other business establishments
should know or reasonably know that a violation of this Act is being committed in their premises.
Photo developers, information technology professionals, credit card companies and banks and any person
who has direct knowledge of any form of child pornography activities shall have the duty to report any
suspected child pornography materials or transactions to the proper authorities within seven (7) days from
discovery thereof.
Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15(l)
of this Act.
Section 11. Duties of an Internet Content Host. - An internet content host shall:
(a) Not host any form of child pornography on its internet address;
(b) Within seven (7) days, report the presence of any form of child pornography, as well as the
particulars of the person maintaining, hosting, distributing or in any manner contributing to such
internet address, to the proper authorities; and
(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.
An internet content host shall, upon the request of proper authorities, furnish the particulars of users who
gained or attempted to gain access to an internet address that contains any form of child pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject to
the penalty provided under Section 15(j) of this Act: Provided, That the failure of the internet content host to
remove any form of child pornography within forty-eight (48) hours from receiving the notice that any form of
child pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.
Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or
municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the
establishment and operation of the same or similar establishments in order to prevent violation of the
provisions of this Act.
Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may,
whenever necessary to ensure a fair and impartial proceeding and after considering all
circumstances for the best interest of the child conduct a closed-door investigation, prosecution or
trial;
(b) The name and personal circumstances of the child, including the child's immediate family, or
any other information tending to establish his/her identity shall not be disclosed to the public;
(c) Any record regarding a child shall be confidential and kept under seal. Except upon written
request and order of the court, a record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies and
(6) Other persons as determined by the court.
(d) Any form of child pornography that is part of the court records shall be subject to a protective
order that provides as follows:
(1) Any form of child pornography may be viewed only by the parties, their counsel,
their expert witness and guardian ad litem;
(2) Neither form of child pornography nor any portion thereof shall be divulged to any
other person, except as necessary for investigation, prosecution or trial; and
(3) No person shall be granted access to any form of child pornography or any part
thereof unless he/she signs a written affirmation that he/she has received and read a
copy of the protection order; that he/she submits to the jurisdiction of the court with
respect to the protective order; and that, in case of violation thereof, he/she will be
subject to the contempt power of the court; and
(e) 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 the tri-media facilities or information technology to publish or broadcast the names
of the victims of any case of child pornography.
Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a
victim of any form of child pornography is provided appropriate care, custody and support for their recovery
and reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses
under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act".
The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No.
7309, otherwise known as "An Act Creating a Board of Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes", so that the child
may claim compensation therein.
Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for
offenses enumerated in this Act:
(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall
suffer the penalty of reclusion perpetua and a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty
of reclusion temporal in its maximum period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty
of reclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand
pesos (Php750,000.00) but not more than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion
temporal in its minimum period and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Seven hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision
mayor in its maximum period and a fine of not less than Three hundred thousand pesos
(Php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision
mayor in its minimum period and a fine of not less than Three hundred thousand pesos
(php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision
correccional in its maximum period and a fine of not less than Two hundred thousand pesos
(Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision
correccionalin its medium period and a fine of not less than One hundred thousand pesos
(php100,000.00) but not more than Two hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto
mayor in its minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but
not more than One hundred thousand pesos (Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of not less than One million pesos (Php1,000,000.00)
but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a
subsequent offense, the penalty shall be a fine not less than Two million pesos (Php2,000,000.00)
but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate
and immediate closure of the establishment;
(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation
requirements under Section 9 of this Act shall suffer the penalty of a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00)
for the first offense. In case of subsequent offense, the penalty shall be a fine of not less than One
million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and
revocation of its license to operate;
(l) Any mall owner-operator and owner or lessor of other business establishments including photo
developers, information technology professionals, credit card companies and banks, found guilty of
willfully and knowingly failing to comply with the notice requirements under Section 10 of this Act
shall suffer the penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more
than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense,
the penalty shall be a fine of not less than Two million pesos (Php2,000,000.00) but not more than
Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate
closure of the establishment; and
(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto
mayor in its minimum period and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).
Section 16. Common Penal Provisions. -
(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third
degree of consanguinity or affinity or any person having control or moral ascendancy over the child,
the penalty provided herein shall be in its maximum duration; Provided, That this provision shall
not apply to Section 4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager,
partner, member of the board of directors and/or any responsible officer who participated in the
commission of the crime or shall have knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of
his/her sentence and shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a
public officer or employee.
Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Pornography. -
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, tools and instruments used in 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 deficiency shall be taken from the
confiscated and forfeited proceeds, tools and instruments.
All proceeds derived from the sale of properties used for the commission of any form of child pornography
shall accrue to the special account of the DSWD which shall be used exclusively for the implementation of this
Act.
When the proceeds, tools and instruments used in the commission 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, tools and instruments used in the commission of the offense.1avvphi1
Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and (e) Chairperson of the Commission on Information and Communications Technology;
reintegration into the mainstream of society concerned government agencies and the LGUs shall make
available the following services to victims of any form of child pornography:
(g) Commissioner of the National Telecommunications Commission;

(a) Emergency shelter or appropriate housing;

(h) Executive Director of the Council for the Welfare of Children;

(b) Counseling;
(i) Executive Director of the Philippine Center for Transnational Crimes;

(c) Free legal services, which shall include information about the victim's rights and the procedure
for filing of complaints, claims for compensation and such other legal remedies available to them in (j) Executive Director of the Optical Media Board;
a language understood by the child;
(k) Director of the National Bureau of Investigation; and
(d) Medical or psychological services;
(l) Three (3) representatives from children's nongovernmental organizations. These
(e) Livelihood and skills training; and representatives shall be nominated by the government agency representatives of the Council for
appointment by the President for a term of three (3) years and may be renewed upon renomination
and reappointment by the Council and the President respectively.
(f) Educational assistance.

The members of the Council mat designate their permanent representatives, who shall have a rank not lower
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation than assistant secretary or its equivalent, to meetings and shall receive emoluments as may be determined by
and reintegration of the child victims shall adopted and carried out. the Council in accordance with existing budget and accounting rules and regulations.

Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography The DSWD shall establish the necessary Secretariat for the Council.
created under Section 20 of this Act shall develop and implement the necessary programs that will prevent
any form of child pornography, as well as protect, heal and reintegrate the child into the mainstream of society.
Such programs shall include beat but not limited to the following: Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Provision of mandatory services including counseling free legal services, medical or
psychological services, livelihood and skills training and educational assistance to the child
pursuant to Section 18 of this Act;
(b) Sponsorship of a national research program on any form of child pornography and other acts
covered by the law and the establishment of a data collection system for monitoring and evaluation
purposes;
(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any
form of child pornography;
(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;

(c) Provision of necessary technical and material support services to appropriate government
(d) Coordinate the programs and projects of the various members agencies effectively address the
agencies and nongovernmental organizations:
issues and problems attendant to child pornography;

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst
(e) Conduct and coordinate massive information disseminations and campaign on the existence of
the public, the academe , government, nongovernmental and international organizations and
the law and the various issues and problems attendant to child pornography;

(e) Promotion of information and education campaign.

(f) Direct other agencies to immediately respond to the problems brought to their attention and
report to the Council on the action taken;
Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an Inter-Agency
Council against Child Pornography to be composed of the Secretary of the DSWD as chairperson and the
(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that
following as members:
violate the provisions of this Act;

(a) Secretary of the Department of Justice:

(h) Formulate a program for the reintegration of victims of child pornography;

(b) Secretary of the Department of Labor and Employment

(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
(c) Secretary of the Department of Science and Technology implement this Act;

(d) Chief of the Philippine National Police; (j) Complement the shared government information system relative to child abuse and exploitation
and ensure that the proper agencies conduct a continuing research and study on the patterns and
 schemes of any form of child pornography which form basis for policy formulation and program
direction;
(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of
child pornography;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to prevent and suppress any form of
child pornography;
(m) Adopt measures and policies to protect the rights and needs of the victims of child
pornography who are foreign nationals in the Philippines;
(n) maintain a database of cases of child pornography;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance
to victims of child pornography.
(p) Submit to the President and the Congressional Oversight committee credited herein the annual
report on the policies, plans, programs and activities of the Council relative to the implementation
of this Act; and
(q) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.
Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational
Organized Crime, the DOJ may execute the request of a foreign state for assistance in the investigation or
prosecution of any form of child pornography by: (1) conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary charges in court; (2) giving information needed by the foreign
state; and (3) to apply for an order of forfeiture of any proceeds or monetary instrument or properly located in
the Philippines used in connection with child pornography in the court; Provided, That if the DOJ refuses to act
on the request of for delaying the execution thereof: Provided, further, That the principles of mutuality and
reciprocity shall, for this purpose, be at all times recognized.
Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall
endeavor to include child pornography among extraditable offenses in future treaties.
Section 24. Congressional Oversight Committee. -There is hereby created a Congressional Oversight
Committee composed of five (5) members from the Senate and five (5) members from the House of
Representatives. The members from the Senate shall be appointed by the Senate President based on
proportional representation of the parties or coalition therein with at least one (1) member representing the
Minority. The members from the House of Representative shall be appointed by the Speaker, also based on
proportional representation of the parties or coalitions therein with the Chair of the House of Committee on
Welfare of Children and at least one (1) member representing the Minority
The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and
Family relations and the House of Representatives Committee on Justice. The Secretariat of the
Congressional Oversight Committee shall come from the existing Secretariat personnel of the Committees of
the Senate and the House of Representatives concerned.
The Committee shall monitor and ensure the effective implementation of this Act, determine inherent
weakness and loopholes in the law. Recommend the necessary remedial legislator or administrative measures
and perform such other duties and functions as may be necessary to attain the objectives of this Act.
Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child
Pornography Act and the operationalization of the Inter-Agency Council Against Child Pornography shall be
included in the annual General Appropriations Act.
Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child pornography
shall promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity
of this Act.
Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall be
suppletorily applicable to this Act.
Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the other
provisions not affected thereby shall continue to be in full force and effect.
Section 29. Repealing Clause. - All laws, 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.
Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
PROSPERO C. NOGRALES JUAN PONCE ENRILE
Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of Senate Bill No. 2317 and House Bill No. 6440 was finally passed by the
Senate and the House of Representatives on October 13, 2009.
MARILYN B. BARUA-YAP
EMMA LIRIO-REYES
Secretary General
Secretary of the Senate
House of the Representatives
Approved: November 17, 2009
RA 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,
SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury.
The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National
Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's
Army Training. The physical, mental and psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness of prospective regular members of the
Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National
Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the
purposes of this Act.
Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be
allowed without prior written notice to the school authorities or head of organization seven (7) days before the
conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not
exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further
contain an undertaking that no physical violence be employed by anybody during such initiation rites.
Section 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the initiation. It is the
duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit,
neophyte or applicant.
Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies
as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated
in the infliction of physical harm shall be liable as principals. The person or persons who participated in the
hazing shall suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results
there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20
years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17
years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or
the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall
have lost the use of any such member shall have become incapacitated for the activity or work in
which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and
8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any
other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for
the performance on the activity or work in which he was habitually engaged for a period of more
than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance on
the activity or work in which he was habitually engaged for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance on
the activity or work in which he was habitually engaged for a period of ten (10) days or more, or
that the injury sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance on
the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the
injury sustained shall require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6
years) if in consequence of the hazing the victim sustained physical injuries which do not prevent
him from engaging in his habitual activity or work nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's army training organization, may
impose the appropriate administrative sanctions on the person or the persons charged under this provision
even before their conviction. The maximum penalty herein provided shall be imposed in any of the following
instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the
person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing
will be committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting
the unlawful act to his parents or guardians, to the proper school authorities, or to the police
authorities, through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If
the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the
parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but
failed to take any action to prevent the same from occurring.
The school authorities including faculty members who consent to the hazing or who have actual knowledge
thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for
the acts of hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned
the hazing although not present when the acts constituting the hazing were committed shall be liable as
principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were
committed and failed to take action to prevent the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as principal
unless he prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no
intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of a corporation
engaged in hazing as a requirement for employment in the manner provided herein.
Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this
Act are hereby amended or repealed accordingly.
Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national
newspapers of general circulation.
RA 4200
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE
PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such communication or spoken word by using a device commonly
known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise
described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next Section 6. This Act shall take effect upon its approval.
preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record,
or copies thereof, of any communication or spoken word secured either before or after the effective date of this
Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to Approved: June 19, 1965
communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether
complete or partial, to any other person: Provided, That the use of such record or any copies thereof as
PRESIDENTIAL DECREE No. 1612
evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be
covered by this prohibition.
ANTI-FENCING LAW OF 1979
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the
acts declared to be unlawful in the preceding section or who violates the provisions of the following section or WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of
of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be government and private properties;
punished by imprisonment for not less than six months or more than six years and with the accessory penalty
of perpetual absolute disqualification from public office if the offender be a public official at the time of the
commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings. WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of
the existence of ready buyers, commonly known as fence, of stolen properties;lawphil.net

Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer,
who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished
preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case lightly;
of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised
Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of
national security: Provided, That such written order shall only be issued or granted upon written application robbery and theft.
and the examination under oath or affirmation of the applicant and the witnesses he may produce and a
showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested
been committed or is being committed or is about to be committed: Provided, however, That in cases involving in me by the Constitution, do hereby order and decree as part of the law of the land the following:
the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy
to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a
rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are Section 1. Title. This decree shall be known as the Anti-Fencing Law.
reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to
the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily
available for obtaining such evidence. Section 2. Definition of Terms. The following terms shall mean as follows:

The order granted or issued shall specify: (1) the identity of the person or persons whose communications,
conversations, discussions, or spoken words are to be overheard, intercepted, or recorded and, in the case of
telegraphic or telephonic communications, the telegraph line or the telephone number involved and its location;
(2) the identity of the peace officer authorized to overhear, intercept, or record the communications,
conversations, discussions, or spoken words; (3) the offense or offenses committed or sought to be prevented;
and (4) the period of the authorization. The authorization shall be effective for the period specified in the order
which shall not exceed sixty (60) days from the date of issuance of the order, unless extended or renewed by
the court upon being satisfied that such extension or renewal is in the public interest.
(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value which he knows, or should be known
to him, to have been derived from the proceeds of the crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.

All recordings made under court authorization shall, within forty-eight hours after the expiration of the period
fixed in the order, be deposited with the court in a sealed envelope or sealed package, and shall be
accompanied by an affidavit of the peace officer granted such authority stating the number of recordings made,
the dates and times covered by each recording, the number of tapes, discs, or records included in the deposit,
and certifying 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 envelope or package deposited with the court. The envelope or
package so deposited shall not be opened, or the recordings replayed, or used in evidence, or their 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 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos
but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in its maximum period, adding one year for each
additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years.
In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining
thereto provided in the Revised Penal Code shall also be imposed.

(b) The penalty of prision correccional in its medium and maximum periods, if the value of the
The court referred to in this section shall be understood to mean the Court of First Instance within whose property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.
territorial jurisdiction the acts for which authority is applied for are to be executed.

(c) The penalty of prision correccional in its minimum and medium periods, if the value of the
Section 4. Any communication or spoken word, or the existence, contents, substance, purport, effect, or property involved is more than 200 pesos but not exceeding 6,000 pesos.
meaning of the same or any part thereof, or any information therein contained obtained or secured by any
person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative hearing or investigation. (d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period,
if the value of the property involved is over 50 pesos but not exceeding 200 pesos.
Section 5. All laws inconsistent with the provisions of this Act are hereby repealed or accordingly amended.
 (e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not
exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer thereof who knows or should have known the
commission of the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of any good, article item, object of anything of value
obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public,
secure the necessary clearance or permit from the station commander of the Integrated National Police in the
town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General,
Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this
section. Any person who fails to secure the clearance or permit required by this section or who violates any of
the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a
fence. lawphi1.net
III. Procedure for Procurement of Clearances or Permits
Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this
Decree are hereby repealed or modified accordingly.
Section 8. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL
DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW.
Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules
and regulations are hereby promulgated to govern the issuance of clearances/permits to sell used
secondhand articles obtained from an unlicensed dealer or supplier thereof:
I. Definition of Terms
1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value
obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in
fact been used.
2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation,
association or any other entity or establishment not licensed by the government to engage in the
business of dealing in or of supplying the articles defined in the preceding paragraph.
3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the
buying and selling used secondhand articles, as defined in paragraph hereof.
4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the
purpose of resale to third persons.
5. "Station Commander" shall refer to the Station Commander of the Integrated National Police
within the territorial limits of the town or city district where the store, establishment or entity dealing
in the buying and selling of used secondhand articles is located.
II. Duty to Procure Clearance or Permit
1. No person shall sell or offer to sell to the public any used secondhand article as defined herein
without first securing a clearance or permit for the purpose from the proper Station Commander of
the Integrated National Police.
2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or
group of individuals, the clearance or permit shall be obtained by or in the name of the president,
manager or other responsible officer-in-charge thereof.
3. If a store, firm, corporation, partnership, association or other establishment or entity has a
branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary for
sale to the public, the said branch or subsidiary shall secure the required clearance or permit.
4. Any goods, article, item, or object or anything of value acquired from any source for which no
receipt or equivalent document evidencing the legality of its acquisition could be presented by the
present possessor or holder thereof, or the covering receipt, or equivalent document, of which is
fake, falsified or irregularly obtained, shall be presumed as having been acquired from an
unlicensed dealer or supplier and the possessor or holder thereof must secure the required
clearance or permit before the same can be sold or offered for sale to the public.
1. The Station Commanders concerned shall require the owner of a store or the president,
manager or responsible officer-in-charge of a firm, establishment or other entity located within their
respective jurisdictions and in possession of or having in stock used secondhand articles as
defined herein, to submit an initial affidavit within thirty (30) days from receipt of notice for the
purpose thereof and subsequent affidavits once every fifteen (15) days within five (5) days after the
period covered, which shall contain:
(a) A complete inventory of such articles acquired daily from whatever source and the
names and addresses of the persons from whom such articles were acquired.
(b) A full list of articles to be sold or offered for sale as well as the place where the date
when the sale or offer for sale shall commence.
(c) The place where the articles are presently deposited or kept in stock.
The Station Commander may, at his discretion when the circumstances of each case warrant,
require that the affidavit submitted be accompanied by other documents showing proof of
legitimacy of the acquisition of the articles.
2. A party required to secure a clearance or permit under these rules and regulations shall file an
application therefor with the Station Commander concerned. The application shall state:
(a) The name, address and other pertinent circumstances of the persons, in case of an
individual or, in the case of a firm, corporation, association, partnership or other entity,
the name, address and other pertinent circumstances of the president, manager or
officer-in-charge.
(b) The article to be sold or offered for sale to the public and the name and address of
the unlicensed dealer or supplier from whom such article was acquired.
In support of the application, there shall be attached to it the corresponding receipt or other
equivalent document to show proof of the legitimacy of acquisition of the article.
 3. The Station Commander shall examine the documents attached to the application and may
require the presentation of other additional documents, if necessary, to show satisfactory proof of
the legitimacy of acquisition of the article, subject to the following conditions:
(a) If the legitimacy of acquisition of any article from an unlicensed source cannot be
satisfactorily established by the documents presented, the Station Commander shall,
upon approval of the INP Superintendent in the district and at the expense of the party
seeking the clearance/permit, cause the publication of a notice in a newspaper of
general circulation for two (2) successive days enumerating therein the articles
acquired from an unlicensed dealer or supplier, the names and addresses of the
persons from whom they were acquired and shall state that such articles are to be sold
or offered for sale to the public at the address of the store, establishment or other entity
seeking the clearance/permit. In places where no newspapers are in general circulation,
the party seeking the clearance or permit shall, instead, post a notice daily for one
week on the bulletin board of the municipal building of the town where the store, firm,
establishment or entity concerned is located or, in the case of an individual, where the
articles in his possession are to be sold or offered for sale.
(b) If after 15 days, upon expiration of the period of publication or of the notice referred
to in the preceding paragraph, no claim is made with respect to any of the articles
enumerated in the notice, the Station Commander shall issue the clearance or permit
sought.
(c) If, before expiration of the same period for publication of the notice or its posting, it
shall appear that any of the articles in question is stolen property, the Station
Commander shall hold the article in restraint as evidence in any appropriate case to be
filed. Articles held in restraint shall be kept and disposed of as the circumstances of
each case permit, taking into account all considerations of right and justice in the case.
In any case where any article is held in restraint, it shall be the duty of the Station
Commander concerned to advise/notify the Commission on Audit of the case and
comply with such procedure as may be proper under applicable existing laws, rules
and regulations.
4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of the
application, act thereon by either issuing the clearance/permit requested or denying the same.
Denial of an application shall be in writing and shall state in brief the reason/s therefor.
5. The application, clearance/permit or the denial thereof, including such other documents as may
be pertinent in the implementation of Section 6 of P.D. No. 1612 shall be in the forms prescribed in
Annexes "A", "B", "C", "D", and "E" hereof, which are made integral parts of these rules and
regulations.
6. For the issuance of clearances/permit required under Section 6 of P.D. No. 1612, no fee shall be
charged.
IV. Appeals
Any party aggrieved by the action taken by the Station Commander may elevate the decision taken in the case
to the proper INP District Superintendent and, if he is still dissatisfied therewith may take the same on appeal
to the INP Director. The decision of the INP Director may also be appealed to the INP Director-General whose
decision may likewise be appealed to the Minister of National Defense. The decision of the Minister of National
Defense on the case shall be final. The appeal against the decision taken by a Commander lower than the INP
Director-General should be filed to the next higher Commander within ten (10) days from receipt of notice of
the decision. The decision of the INP Director-General should be appealed within fifteen (15) days from receipt
of notice of the decision.
V. Penalties
1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or
who violates any of the provisions of these rules and regulations shall upon conviction be punished
as a fence.
2. The INP Director-General shall recommend to the proper authority the cancellation of the
business license of the erring individual, store, establishment or the entity concerned.
3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance
with the provisions of Section 6 of P.D. No. 1612 and with these rules and regulations shall be held
in restraint until satisfactory evidence or legitimacy of acquisition has been established.
4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which
are found to be stolen property shall likewise be held under restraint and shall, furthermore, be
subject to confiscation as evidence in the appropriate case to be filed. If, upon termination of the
case, the same is not claimed by their legitimate owners, the article/s shall be forfeited in favor of
the government and made subject to disposition as the circumstances warrant in accordance with
applicable existing laws, rules and regulations. The Commission on Audit shall, in all cases, be
notified.
5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of
P.D. No. 1612 or any of its implementing rules and regulations or who, in any manner whatsoever,
connives with or through his negligence or inaction makes possible the commission of such
violations by any party required to comply with the law and its implementing rules and regulations,
shall be prosecuted criminally without prejudice to the imposition of administrative penalties.
VI. Visitorial Power
It shall be the duty of the owner of the store or of the president, manager or responsible officer-in-charge of
any firm, establishment or other entity or of an individual having in his premises articles to be sold or offered
for sale to the public to allow the Station Commander or his authorized representative to exercise visitorial
powers. For this purpose, however, the power to conduct visitations shall be exercise only during office or
business hours and upon authority in writing from and by the INP Superintendent in the district and for the sole
purpose of determining whether articles are kept in possession or stock contrary to the intents of Section 6 of
P.D. No. 1612 and of these rules and regulations.
VII. Other Duties Imposed Upon Station Commanders and INP District Superintendent and Directors Following
Action on Applications for Clearances or Permits
1. At the end of each month, it shall be the duty of the Station Commander concerned to:
(a) Make and maintain a file in his office of all clearances/permit issued by him.
(b) Submit a full report to the INP District Superintendent on the number of applications
for clearances or permits processed by his office, indicating therein the number of
clearances/permits issued and the number of applications denied. The report shall
state the reasons for denial of an application and the corresponding follow-up actions
taken and shall be accompanied by an inventory of the articles to be sold or offered for
sale in his jurisdiction.
2. The INP District Superintendent shall, on the basis of the reports submitted by the Station
Commander, in turn submit quarterly reports to the appropriate INP Director containing a
consolidation of the information stated in the reports of Station Commanders in his jurisdiction.
3. Reports from INP District Superintendent shall serve as basis for a consolidated report to be
submitted semi-annually by INP Directors to the Director-General, Integrated National Police.
 4. In all cases, reports emanating from the different levels of the Integrated National Police shall be
accompanied with full and accurate inventories of the articles acquired from unlicensed dealers or
suppliers and proposed to be sold or offered for sale in the jurisdictions covered by the report.
These implementing rules and regulations, having been published in a newspaper of national circulation, shall
take effect on June 15, 1979.
FOR THE CHIEF OF CONSTABULARY DIRECTOR-GENERAL, INP:
BP 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply
on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the
same reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be
punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less
than but not more than double the amount of the check which fine shall in no case exceed Two Hundred
Thousand Pesos, or both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the
check in behalf of such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check
payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when
presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of
such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due
thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after
receiving notice that such check has not been paid by the drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing
to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain
language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided,
That where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of any
unpaid and dishonored check, having the drawee's refusal to pay stamped or written thereon or attached
thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or issuance of said
check, and the due presentment to the drawee for payment and the dishonor thereof, and that the same was
properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.
Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an arrangement or
understanding with the bank for the payment of such check.
Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to
any liability for violation of any provision of the Revised Penal Code.
Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the
remaining provisions shall continue to be in force.
Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.
Approved: April 3, 1979.
ADMINISTRATIVE CIRCULAR NO. 12-2000 February 21, 2001
RE : PENALTY FOR VIOLATION OF B.P. BLG. 22
Section 1 of B.P. Blg. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without
Sufficient Funds for Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty
(30) days but not more than one (1) year or a fine of not less than but not more than double the amount of the
check, which fine shall in no case exceed P200,000, or both such fine and imprisonment at the discretion of
the court.
In its decision in Eduardo Vaca, v. Court of Appeals (G.R. No. 131714, 16 November 1998; 298 SCRA 656,
664) the Supreme Court (Second Division) per Mr. Justice V. Mendoza, modified the sentence imposed for
violation of B.P. Blg. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an
amount double the amount of the check. In justification thereof, the Court said:
Petitioners are first-time offenders. They are Filipino entrepreneurs who presumably contribute to
the national economy. Apparently, they brought this appeal, believing in all good faith, although
mistakenly that they had not committed a violation of B.P. Blg. 22. Otherwise, they could simply
have accepted the judgment of the trial court and applied for probation to evade a prison term. It
would best serve the ends of criminal justice if in fixing the penalty within the range of discretion
allowed by Section 1, par. 1, the same philosophy underlying the Indeterminate Sentence Law is
observed, namely, that of redeeming valuable human material and preventing unnecessary
deprivation f personal liberty and economic usefulness with due regard to the protection of the
social order. In this case, we believe that a fine in an amount equal to double the amount of the
check involved is an appropriate penalty to impose on each of the petitioners In the recent case of
Rosa Lim v. People of the Philippines (G. R. No. 130038, 18 September 2000), the Supreme Court
en banc, applying Vaca also deleted the penalty of imprisonment and sentenced the drawer of the
bounced check to the maximum of the fine allowed by B.P. Blg. 22, i.e., P200,000, and concluded
that “such would best serve the ends of criminal justice.”
All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on
the matter of the imposition of penalties for violations of B.P. Blg. 22. The Court Administrator shall cause the
immediate dissemination of this Administrative Circular to all courts and judges concerned.
This Administrative Circular, referred to and approved by the Supreme Court en banc, shall take effect upon
its issuance.
Issued this 21st day of February, 2001.
PD 1689
INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA
WHEREAS, there is an upsurge in the commission of swindling and other forms of frauds in rural banks,
cooperatives, "samahang nayon (s)", and farmers' associations or corporations/associations operating on
funds solicited from the general public;
WHEREAS, such defraudation or misappropriation of funds contributed by stockholders or members of such
rural banks, cooperatives, "samahang nayon(s)", or farmers' associations, or of funds solicited by
corporations/associations from the general public, erodes the confidence of the public in the banking and
cooperative system, contravenes the public interest, and constitutes economic sabotage that threatens the
stability of the nation;
WHEREAS, it is imperative that the resurgence of said crimes be checked, or at least minimized, by imposing
capital punishment on certain forms of swindling and other frauds involving rural banks, cooperatives,
"samahang nayon(s)", farmers' associations or corporations/associations operating on funds solicited from the
general public;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby decree and order as follows:
Section 1. Any person or persons who shall commit estafa or other forms of swindling as defined in Article
315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the
swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of
carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the
misappropriation of money contributed by stockholders, or members of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds solicited by corporations/associations from the general public.
When not committed by a syndicate as above defined, the penalty imposable shall be reclusion temporal to
reclusion perpetua if the amount of the fraud exceeds 100,000 pesos.
Section 2. This decree shall take effect immediately.
DONE in the City of Manila, this 6th day of April, in the year of Our Lord, nineteen hundred and eighty.
RA 6539
AN ACT PREVENTING AND PENALIZING CARNAPPING
Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act of 1972."
Section 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing or tampering with",
"repainting", "body-building", "remodeling", "dismantling", and "overhauling", as used in this Act, shall be
understood, respectively, to mean
"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the
latter's consent, or by means of violence against or intimidation of persons, or by using force upon
things.
"Motor vehicle" is any vehicle propelled by any power other than muscular power using the public
highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers,
bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways,
vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled
or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor
vehicle with no power rating.lawphi1™
"Defacing or tampering with" a serial number is the erasing, scratching, altering or changing of the
original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any
motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine,
engine block or chassis which is different from that which is listed in the records of the Bureau of
Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to
have a defaced or tampered with serial number.
"Repainting" is changing the color of a motor vehicle by means of painting. There is repainting
whenever the new color of a motor vehicle is different from its color as registered in the Land
Transportation Commission.
"Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a
new body.
"Remodeling" is the introduction of some changes in the shape or form of the body of the motor
vehicle.lawphi1™
"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.
"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the
motor engine and its parts from the body of the motor vehicle.
Section 3. Registration of motor vehicle engine, engine block and chassis. Within one year after the approval
of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition
shall register with the Land Transportation Commission the motor vehicle engine, engine block and chassis in
his name or in the name of the real owner who shall be readily available to answer any claim over the
registered motor vehicle engine, engine block or chassis. Thereafter, all motor vehicle engines, engine blocks
and chassis not registered with the Land Transportation Commission shall be considered as untaxed
importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the
Government.
All owners of motor vehicles in all cities and municipalities are required to register their cars with the local
police without paying any charges.
Section 4. Permanent registry of motor vehicle engines, engine blocks and chassis. The Land Transportation
Commission shall keep a permanent registry of motor vehicle engines, engine blocks and chassis of all motor
vehicles, specifying therein their type, make and serial numbers and stating therein the names and addresses
of their present and previous owners. Copies of the registry and of all entries made thereon shall be furnished
the Philippine Constabulary and all Land Transportation Commission regional, provincial and city branch
offices: Provided, That all Land Transportation Commission regional, provincial and city branch offices are
likewise obliged to furnish copies of all registration of motor vehicles to the main office and to the Philippine
Constabulary.
Section 5. Registration of sale, transfer, conveyance, substitution or replacement of a motor vehicle engine,
engine block or chassis. Every sale, transfer, conveyance, substitution or replacement of a motor vehicle
engine, engine block or chassis of a motor vehicle shall be registered with the Land Transportation
Commission. Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines,
engine blocks and chassis not registered with the Land Transportation Commission shall not be issued
certificates of registration and shall be considered as untaxed imported motor vehicles or motor vehicles
carnapped or proceeding from illegal sources.
Section 6. Original Registration of motor vehicles. Any person seeking the original registration of a motor
vehicle, whether that motor vehicle is newly assembled or rebuilt or acquired from a registered owner, shall
within one week after the completion of the assembly or rebuilding job or the acquisition thereof from the
registered owner, apply to the Philippine Constabulary for clearance of the motor vehicle for registration with
the Land Transportation Commission. The Philippine Constabulary shall, upon receipt of the application, verify
if the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle
parts. If the motor vehicle or any of its numbered parts is not in that list, the Philippine Constabulary shall
forthwith issue a certificate of clearance. Upon presentation of the certificate of clearance from the Philippine
Constabulary and after verification of the registration of the motor vehicle engine, engine block and chassis in
the permanent registry of motor vehicle engines, engine blocks and chassis, the Land Transportation
Commission shall register the motor vehicle in accordance with existing laws, rules and regulations.
Section 7. Duty of Collector of Customs to report arrival of imported motor vehicle, etc. The Collector of
Customs of a principal port of entry where an imported motor vehicle, motor vehicle engine, engine block
chassis or body is unloaded, shall, within seven days after the arrival of the imported motor vehicle or any of
its parts enumerated herein, make a report of the shipment to the Land Transportation Commission, specifying
the make, type and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body, and
stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine block,
chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor
vehicle engine, engine block, chassis or body until it is numbered by the Land Transportation Commission.
Section 8. Duty of importers, distributors and sellers of motor vehicles to keep record of stocks. Any person
engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines,
engine blocks, chassis or body, shall keep a permanent record of his stocks, stating therein their type, make
and serial numbers, and the names and addresses of the persons from whom they were acquired and the
names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of
his transactions in motor vehicles to the Land Transportation Commission.
carnapping is committed by means of violence against or intimidation of any person, or force upon things; and
the penalty of life imprisonment to death shall be imposed when the owner, driver or occupant of the
carnapped motor vehicle is killed in the commission of the carnapping.
Section 15. Aliens. Aliens convicted under the provisions of this Act shall be deported immediately after
service of sentence without further proceedings by the Deportation Board.
Section 16. Reward. Any person who voluntarily gives information leading to the recovery of carnapped
vehicles and for the conviction of the persons charged with carnapping shall be given as reward so much
reward money as the Philippine Constabulary may fix. The Philippine Constabulary is authorized to include in
its annual budget the amount necessary to carry out the purposes of this section. Any information given by
informers shall be treated as confidential matter.

Section 9. Duty of manufacturers of engine blocks, chassis or body to cause numbering of engine blocks,
chassis or body manufactured. Any person engaged in the manufacture of engine blocks, chassis or body Section 17. Separability clause. If any provisions of this Act is declared invalid, the provisions thereof not
shall cause the numbering of every engine block, chassis or body manufactured in a convenient and affected by such declaration shall remain in force and effect.
conspicuous part thereof which the Land Transportation Commission may direct for the purpose of uniformity
and identification of the factory and shall submit to the Land Transportation Commission a monthly report of
Section 18. Repealing clause. All laws, executive orders, rules and regulations, or parts thereof, inconsistent
the manufacture and sale of engine blocks, chassis or body.
with the provisions of this Act are hereby repealed or amended accordingly.

Section 10. Clearance and permit required for assembly or rebuilding of motor vehicles. Any person who shall
Section 19. Effectivity. This Act shall take effect upon its approval.
undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a
certificate of clearance from the Philippine Constabulary: Provided, That no such permit shall be issued unless
the applicant shall present a statement under oath containing the type, make and serial numbers of the engine, Approved: August 26, 1972
chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or
rebuilt together with the names and addresses of the sources thereof.
Anti-Sexual Harassment Act of 1995
Files:
In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water
vessels, the applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish
the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their Republic Act 7877
type, make and serial numbers. AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
Section 11. Clearance required for shipment of motor vehicles, motor vehicle engines, engine blocks, chassis
or body. Any person who owns or operates inter-island shipping or any water transportation with launches,
boats, vessels or ships shall within seven days submit a report to the Philippine Constabulary on all motor Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
vehicle, motor vehicle engines, engine blocks, chassis or bodies transported by it for the motor vehicle, motor
vehicle engine, engine block, chassis or body to be loaded on board the launch, boat vessel or ship. SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

Section 12. Defacing or tampering with serial numbers of motor vehicle engines, engine blocks and chassis. It
shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of
motor vehicle engines, engine blocks and chassis.
Section 13. Penal Provisions. Any person who violates any provisions of this Act shall be punished with
imprisonment for not less than two years nor more than six years and a fine equal in amount to the acquisition
cost of the motor vehicle, motor vehicle engine or any other part involved in the violation: Provided, That if the
person violating any provision of this Act is a juridical person, the penalty herein provided shall be imposed on
its president or secretary and/or members of the board of directors or any of its officers and employees who
may have directly participated in the violation.
SECTION 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.
SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education
or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of
the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request
or requirement for submission is accepted by the object of said Act.

Any government official or employee who directly commits the unlawful acts defined in this Act or is guilty of (a) In a work-related or employment environment, sexual harassment is committed when:
gross negligence of duty or connives with or permits the commission of any of the said unlawful act shall, in
addition to the penalty prescribed in the preceding paragraph, be dismissed from the service with prejudice to
his reinstatement and with disqualification from voting or being voted for in any election and from appointment (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
to any public office. continued employment of said individual, or in granting said individual favorable compensation, terms of
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities
Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is defined in or otherwise adversely affect said employee;
Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for
not less than fourteen years and eight months and not more than seventeen years and four months, when the (2) The above acts would impair the employee's rights or privileges under existing labor laws; or
carnapping is committed without violence or intimidation of persons, or force upon things; and by
imprisonment for not less than seventeen years and four months and not more than thirty years, when the
 (3) The above acts would result in an intimidating, hostile, or offensive environment for the education or training-related sexual harassment from instituting a separate and independent action for
employee. damages and other affirmative relief.

(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
SECTION 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less
than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and
imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.
SECTION 8. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional,
the remaining portions or provisions hereof shall not be affected by such declaration.
SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete publication
in at least two (2) national newspapers of general circulation.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or
who cooperates in the commission thereof by another without which it would not have been committed, shall
also be held liable under this Act.
Approved:
SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.
- It shall be the duty of the employer or the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for
the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or
head of office shall:
(Sgd.) EDGARDO J. ANGARA
(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the President of the Senate
employees or students or trainees, through their duly designated representatives, prescribing the procedure
for the investigation of sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual (Sgd.) JOSE DE VENECIA, JR .
harassment. Speaker of the House of Representatives

The said rules and regulations issued pursuant to this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.
This Act is a consolidation of House Bill No. 9425 and Senate Bill No. 1632 was finally passed by the
House of Representatives and the Senate on February 8, 1995.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors,
coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
(Sgd.) EDGARDO E. TUMANGAN
Secretary of the Senate
In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank, and
from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or (Sgd.) CAMILO L. SABIO
trainees, as the case may be. Secretary General
House of Representatives
The employer or head of office, educational or training institution shall disseminate or post a copy of this
Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer
or head of office, educational or training institution shall be solidarily liable for damages arising from the acts
of sexual harassment committed in the employment, education or training environment if the employer or Approved: February 14, 1995
head of office, educational or training institution is informed of such acts by the offended party and no
immediate action is taken.

SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work,