Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

Republic of the Philippines
Congress of the Philippines

Metro Manila
Ninth Congress
Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION

AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against
Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the

policy of the State to provide special protection to children from all firms of abuse, neglect,
cruelty exploitation and discrimination and other conditions, prejudicial their development;
provide sanctions for their commission and carry out a program for prevention and
deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having care or custody of the child fails or is unable to protect the child
against abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and custody of the
same. 1awphi1@al f
It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal
development and over which they have no control.
The best interests of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the principle of First Call for
Children as enunciated in the United Nations Convention of the Rights of the Child. Every
effort shall be exerted to promote the welfare of children and enhance their opportunities for
a useful and happy life.
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food
and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting

in serious impairment of his growth and development or in his permanent
incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by

armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which
unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas
without the care of parents or a guardian or basic services needed for a good
quality of life;
(4) Being a member of a indigenous cultural community and/or living under

conditions of extreme poverty or in an area which is underdeveloped and/or
lacks or has inadequate access to basic services needed for a good quality
of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life,

safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination"

refers to the coordinated program of services and facilities to protected children
against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal

development of children. 1awphi1Ÿ
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a comprehensive program to be

formulated, by the Department of Justice and the Department of Social Welfare and
Development in coordination with other government agencies and private sector concerned,
within one (1) year from the effectivity of this Act, to protect children against child prostitution
and other sexual abuse; child trafficking, obscene publications and indecent shows; other
acts of abuse; and circumstances which endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or influence
of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or

oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as

prostitute;
(4) Threatening or using violence towards a child to engage him as a

prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child

with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided,
That the penalty for lascivious conduct when the victim is under twelve (12) years of
age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of
the establishment where the prostitution takes place, or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a cover or which engages
in prostitution in addition to the activity for which the license has been issued to said
establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child

prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative
of a child, is found alone with the said child inside the room or cubicle of a house, an inn,
hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof
when any person is receiving services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A penalty lower by two (2) degrees than that
prescribed for the consummated felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money, or for
any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion
perpetua. The penalty shall be imposed in its maximum period when the victim is under
twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child

trafficking under Section 7 of this Act:
1aw phi 1@ alf
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women

or couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who
can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the principals of the attempt to commit child
trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and
indecent shows, whether live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in
its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age,
the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
shall cause and/or allow such child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by this section shall suffer the penalty
of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation
or to be responsible for other conditions prejudicial to the child's development
including those covered by Article 59 of Presidential Decree No. 603, as amended,
but not covered by the Revised Penal Code, as amended, shall suffer the penalty of
prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places shall suffer the penalty of prision
mayor in its maximum period and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall not apply to any person who is related
within the fourth degree of consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this
Act to keep or have in his company a minor as provided in the preceding paragraph
shall suffer the penalty of prision mayor in its medium period and a fine of not less
than Forty thousand pesos (P40,000); Provided, however, That should the
perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be
imposed shall be prision mayor in its maximum period, a fine of not less than Fifty
thousand pesos (P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such
place or places any minor herein described shall be imposed a penalty of prision
mayor in its medium period and a fine of not less than Fifty thousand pesos
(P50,000), and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other
child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles
248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be reclusion perpetua when the victim is under
twelve (12) years of age. The penalty for the commission of acts punishable under Article
337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the
crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than
that imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or

Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child
Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All
establishments and enterprises which promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse
shall be immediately closed and their authority or license to operate cancelled, without
prejudice to the owner or manager thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the Department of
Social Welfare and Development for such period which shall not be less than one (1) year,
as the Department may determine. The unauthorized removal of such sign shall be
punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if
the acts constituting the same occur in the premises of said establishment under this Act or
in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel
agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for
foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for
adults of the same or opposite sex and said services include any lascivious conduct with the
customers; or solicits children or activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age may be
employed except:
(1) When a child works directly under the sole responsibility of his parents or legal
guardian and where only members of the employer's family are employed: Provided,
however, That his employment neither endangers his life, safety and health and
morals, nor impairs his normal development: Provided, further, That the parent or
legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
(2) When a child's employment or participation in public & entertainment or

information through cinema, theater, radio or television is essential: Provided, The
employment contract concluded by the child's parent or guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of
Labor and Employment: Provided, That the following requirements in all instances
are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for
the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. – The Department of Education,
Culture and Sports shall promulgate a course design under its non-formal education program
aimed at promoting the intellectual, moral and vocational efficiency of working children who
have not undergone or finished elementary or secondary education. Such course design
shall integrate the learning process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. –

No person shall employ child models in all commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with the duties provided for
in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Article shall
suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more than
Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not
more than three (3) years, or both at the discretion of the court; Provided, That, in case of
repeated violations of the provisions of this Article, the offender's license to operate shall be
revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the rights guaranteed
to children under this Act and other existing laws, children of indigenous cultural communities
shall be entitled to protection, survival and development consistent with the customs and
traditions of their respective communities.
Section 18. System of and Access to Education. – The Department of Education, Culture
and Sports shall develop and institute an alternative system of education for children of
indigenous cultural communities which culture-specific and relevant to the needs of and the
existing situation in their communities. The Department of Education, Culture and Sports
shall also accredit and support non-formal but functional indigenous educational programs
conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. – The delivery of basic social services in health and
nutrition to children of indigenous cultural communities shall be given priority by all
government agencies concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal attention. In the provision of
health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities shall not be

subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer
a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand
pesos (P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their duly-designated

or appointed representatives shall be involved in planning, decision-making implementation,
and evaluation of all government programs affecting children of indigenous cultural
communities. Indigenous institution shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to resolve
armed conflicts in order to promote the goal of children as zones of peace. To attain this
objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in
the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved
in fact-finding missions from both government and non-government institutions shall
be ensured. They shall not be subjected to undue harassment in the performance of
their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given
priority during evacuation as a result of armed conflict. Existing community organizations
shall be tapped to look after the safety and well-being of children during evacuation
operations. Measures shall be taken to ensure that children evacuated are accompanied by
persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the
same family shall be housed in the same premises and given separate accommodation from
other evacuees and provided with facilities to lead a normal family life. In places of temporary
shelter, expectant and nursing mothers and children shall be given additional food in
proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any
child who has been arrested for reasons related to armed conflict, either as combatant,
courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as
family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody
of the Department of Social Welfare and Development or any responsible member of
the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the
aforesaid child committed the acts charged against him, the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court shall suspend all further proceedings and shall
commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed
agencies or any other responsible person, until he has had reached eighteen (18) years of
age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such other
officer as the court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in
the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. –

The chairman of the barangay affected by the armed conflict shall submit the names of
children residing in said barangay to the municipal social welfare and development officer
within twenty-four (24) hours from the occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed
against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity; 1aw phi1@ITC
(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;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and Development
pursuant to Executive Order No. 56, series of 1986. In the regular performance of this
function, the officer of the Department of Social Welfare and Development shall be free from
any administrative, civil or criminal liability. Custody proceedings shall be in accordance with
the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be
withheld from the public until the court acquires jurisdiction over the case.
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 broadcasting, producer and
director of the film in case of the movie industry, to cause undue and sensationalized
publicity of any case of violation of this Act which results in the moral degradation and
suffering of the offended party.
Law phi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be
heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile
and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons covered
by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of
cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or

employee thereof who is responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within
the second degree of consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license has expired or has been
revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service
of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty
imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or
temporary absolute disqualification shall also be imposed: Provided, finally, That if
the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash
fund by the Department of Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate member of his family if the latter
is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the
Department of Justice, in coordination with the Department of Social Welfare and
Development, shall promulgate rules and regulations of the effective implementation of this
Act.
Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act
is hereby authorized to be appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force and
effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions
of this Acts are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.
Approved: June 17, 1992. lawphi 1Ÿ

BATAS PAMBANSA BILANG 186
AN ACT INCREASING THE PENALTY FOR WHITE SLAVE TRADE, AMENDING FOR THE PURPOSE ARTICLE
341 OF THE REVISED PENAL CODE.
chan robles virtual law library
chan robles virtual law library

Section 1. Article 341 of the Revised Penal Code is hereby amended to read
as follows: chanrobles virtual law library
"Art. 341.White Slave Trade. — The penalty of prision mayor in its medium
and maximum periods shall be imposed upon any person who, in any
manner, or under any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of any other person for the purpose
of prostitution." chanrobles virtual law library
Sec. 2. This Act shall take effect upon its approval. chanrobles virtual la
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.
REPUBLIC ACT No. 10364
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE
POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
Section 1. Short Title. – This Act shall be known as the "Expanded Anti-Trafficking in
Persons Act of 2012″.
Section 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 2. Declaration of Policy. – It is hereby declared that the State values the
dignity of every human person and guarantees the respect of individual rights. In
pursuit of this policy, the State shall give highest priority to the enactment of
measures and development of programs that will promote human dignity, protect the
people from any threat of violence and exploitation, eliminate trafficking in persons,
and mitigate pressures for involuntary migration and servitude of persons, not only to
support trafficked persons but more importantly, to ensure their recovery,
rehabilitation and reintegration into the mainstream of society.
"It shall be a State policy to recognize the equal rights and inherent human dignity of
women and men as enshrined in the United Nations Universal Declaration on Human
Rights, United Nations Convention on the Elimination of All Forms of Discrimination
Against Women, United Nations Convention on the Rights of the Child, United
Nations Convention on the Protection of Migrant Workers and their Families, United
Nations Convention Against Transnational Organized Crime Including its Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children and all other relevant and universally accepted human rights instruments
and other international conventions to which the Philippines is a signatory."
"SEC. 3. Definition of Terms. – As used in this Act:
"(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring,

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

child for the purpose of exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall also be considered as
‘trafficking in persons’ even if it does not involve any of the means set forth in
the preceding paragraph.
"(b) Child – refers to a person below eighteen (18) years of age or one who is
over eighteen (18) but is unable to fully take care of or protect himself/herself
from abuse, neglect, cruelty, exploitation, or discrimination because of a
physical or mental disability or condition.
"(c) Prostitution – refers to any act, transaction, scheme or design involving

the use of a person by another, for sexual intercourse or lascivious conduct
in exchange for money, profit or any other consideration.
"(d) Forced Labor – refers to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of, force
or coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception including any work or service
extracted from any person under the menace of penalty.
"(e) Slavery – refers to the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are exercised.
"(f) Involuntary Servitude – refers to a condition of enforced and compulsory

service induced by means of any scheme, plan or pattern, intended to cause
a person to believe that if he or she did not enter into or continue in such
condition, he or she or another person would suffer serious harm or other
forms of abuse or physical restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and withholding salaries, or
the abuse or threatened abuse of the legal process.
"(g) Sex Tourism – refers to a program organized by travel and tourism-

related establishments and individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
"(h) Sexual Exploitation – refers to participation by a person in prostitution,

pornography or the production of pornography, in exchange for money, profit
or any other consideration or where the participation is caused or facilitated
by any means of intimidation or threat, use of force, or other forms of
coercion, abduction, fraud, deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the vulnerability of the
person, or giving or receiving of payments or benefits to achieve the consent
of a person having control over another person; or in sexual intercourse or
lascivious conduct caused or facilitated by any means as provided in this Act.
"(i) Debt Bondage – refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
"(j) Pornography – refers to any representation, through publication,

exhibition, cinematography, indecent shows, information technology, or by
whatever means, of a person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a person for primarily
sexual purposes.
"(k) Council – shall mean the Inter-Agency Council Against Trafficking

created under Section 20 of this Act."
"SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural
or juridical, to commit any of the following acts:
"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,

harbor, or receive a person by any means, including those done under the
pretext of domestic or overseas employment or training or apprenticeship, for
the purpose of prostitution, pornography, or sexual exploitation;
"(b) To introduce or match for money, profit, or material, economic or other

consideration, any person or, as provided for under Republic Act No. 6955,
any Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
"(c) To offer or contract marriage, real or simulated, for the purpose of

acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
"(d) To undertake or organize tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
"(e) To maintain or hire a person to engage in prostitution or pornography;

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

prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,

provide, offer, receive or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or
sale of organs of said person;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide,
receive or adopt a child to engage in armed activities in the Philippines or
abroad;
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide
or receive a person by means defined in Section 3 of this Act for purposes of
forced labor, slavery, debt bondage and involuntary servitude, including a
scheme, plan, or pattern intended to cause the person either:
"(1) To believe that if the person did not perform such labor or
services, he or she or another person would suffer serious harm or
physical restraint; or
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,

provide, adopt or receive a child for purposes of exploitation or trading them,
including but not limited to, the act of baring and/or selling a child for any
consideration or for barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include:
"(1) All forms of slavery or practices similar to slavery, involuntary

servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
"(2) The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances;
"(3) The use, procuring or offering of a child for the production and
trafficking of drugs; and
"(4) The use, procuring or offering of a child for illegal activities or

work which, by its nature or the circumstances in which it is carried
out, is likely to harm their health, safety or morals; and
"(l) To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act."
Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as
follows:
"SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the
commission of a trafficking offense but the offender failed to or did not execute all the
elements of the crime, by accident or by reason of some cause other than voluntary
desistance, such overt acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any of the offenses enumerated
in Section 4 of this Act shall constitute attempted trafficking in persons.
"In cases where the victim is a child, any of the following acts shall also be deemed
as attempted trafficking in persons:
"(a) Facilitating the travel of a child who travels alone to a foreign country or
territory without valid reason therefor and without the required clearance or
permit from the Department of Social Welfare and Development, or a written
permit or justification from the child’s parent or legal guardian;
"(b) Executing, for a consideration, an affidavit of consent or a written

consent for adoption;
"(c) Recruiting a woman to bear a child for the purpose of selling the child;
"(d) Simulating a birth for the purpose of selling the child; and
"(e) Soliciting a child and acquiring the custody thereof through any means
from among hospitals, clinics, nurseries, daycare centers, refugee or
evacuation centers, and low-income families, for the purpose of selling the
child."
Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as
follows:
"SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the
execution of the offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of Section 10(c) of this Act."
Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as
follows:
"SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the
crime, and without having participated therein, either as principal or as accomplices,
take part in its commission in any of the following manners:
"(a) By profiting themselves or assisting the offender to profit by the effects of

the crime;
"(b) By concealing or destroying the body of the crime or effects or

instruments thereof, in order to prevent its discovery;
"(c) By harboring, concealing or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of his or her public functions
or is known to be habitually guilty of some other crime.
"Acts defined in this provision shall be punished in accordance with the provision of
Section 10(d) as stated thereto."
"SEC. 5. Acts that Promote Trafficking in Persons. – The following acts which
promote or facilitate trafficking in persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or distribute unissued, tampered or fake

counseling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which issues
these certificates, decals and such other markers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause the destruction of evidence, or to

influence or attempt to influence witnesses, in an investigation or prosecution
of a case under this Act;
"(i) To destroy, conceal, remove, confiscate or possess, or attempt to

destroy, conceal, remove, confiscate or possess, any actual or purported
passport or other travel, immigration or working permit or document, or any
other actual or purported government identification, of any person in order to
prevent or restrict, or attempt to prevent or restrict, without lawful authority,
the person’s liberty to move or travel in order to maintain the labor or services
of that person; or
"(j) To utilize his or her office to impede the investigation, prosecution or

execution of lawful orders in a case under this Act."
"SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be

considered as qualified trafficking:
"x x x
"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a

person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee;
"x x x
"(f) When the offender is a member of the military or law enforcement agencies;
"(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
"(h) When the offender commits one or more violations of Section 4 over a period of
sixty (60) or more days, whether those days are continuous or not; and
"(i) When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking."
"SEC. 7. Confidentiality. – At any stage of the investigation, rescue, prosecution and

trial of an offense under this Act, law enforcement officers, prosecutors, judges, court
personnel, social workers and medical practitioners, as well as parties to the case,
shall protect the right to privacy of the trafficked person. Towards this end, law
enforcement officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial proceeding, and
after considering all circumstances for the best interest of the parties, order a closed-
door investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or any other information tending to establish the identity of the
trafficked person and his or her family shall not be disclosed to the public.
"It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio, producer
and director of a film in case of the movie industry, or any person utilizing tri-media
facilities or electronic information technology to cause publicity of the name, personal
circumstances, or any information tending to establish the identity of the trafficked
person except when the trafficked person in a written statement duly notarized
knowingly, voluntarily and willingly waives said confidentiality.
"Law enforcement officers, prosecutors, judges, court personnel, social workers and
medical practitioners shall be trained on the importance of maintaining confidentiality
as a means to protect the right to privacy of victims and to encourage victims to file
complaints."
"SEC. 8. Initiation and Prosecution of Cases. –

"(a) Initiation of Investigation. – Law enforcement agencies are mandated to
immediately initiate investigation and counter-trafficking-intelligence gathering upon
receipt of statements or affidavit from victims of trafficking, migrant workers, or their
families who are in possession of knowledge or information about trafficking in
persons cases.
"(b) Prosecution of Cases. – Any person who has personal knowledge of the
commission of any offense under this Act, such as the trafficked person, the parents,
spouse, siblings, children or legal guardian may file a complaint for trafficking.
"(c) Affidavit of Desistance. – Cases involving trafficking in persons should not be

dismissed based on the affidavit of desistance executed by the victims or their
parents or legal guardians. Public and private prosecutors are directed to oppose
and manifest objections to motions for dismissal.
"Any act involving the means provided in this Act or any attempt thereof for the
purpose of securing an Affidavit of Desistance from the complainant shall be
punishable under this Act."
"SEC. 10. Penalties and Sanctions. – The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:
"(a) Any person found guilty of committing any of the acts enumerated in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
"(b) Any person found guilty of committing any of the acts enumerated in Section 4-A
of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment agency involved in trafficking. The license of
a recruitment agency which trafficked a child shall be automatically revoked.
"(d) Any person found, guilty of committing any of the acts enumerated in Section 5
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);
"(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
"(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment
of six (6) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
"(g) If the offender is a corporation, partnership, association, club, establishment or

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

serving his or her sentence and be barred permanently from entering the country;
"(j) Any employee or official of government agencies who shall issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government
official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other benefits
shall likewise be forfeited; and
"(k) Conviction, by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption."
"SEC. 11. Use of Trafficked Persons. – Any person who buys or engages the
services of a trafficked person for prostitution shall be penalized with the
following: Provided, That the Probation Law (Presidential Decree No. 968) shall not
apply:
"(a) Prision Correccional in its maximum period to prision mayor or six (6)
years to twelve (12) years imprisonment and a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand
pesos (P100,000.00): Provided, however, That the following acts shall be
exempted thereto:
"(1) If an offense under paragraph (a) involves sexual intercourse or

lascivious conduct with a child, the penalty shall be reclusion temporal in its
medium period to reclusion perpetua or seventeen (17) years to forty (40)
years imprisonment and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual
intercourse with, a male or female trafficking victim and also involves the use
of force or intimidation, to a victim deprived of reason or to an unconscious
victim, or a victim under twelve (12) years of age, instead of the penalty
prescribed in the subparagraph above the penalty shall be a fine of not less
than One million pesos (P1,000,000.00) but not more than Five million pesos
(P5,000,000.00) and imprisonment of reclusionperpetua or forty (40) years
imprisonment with no possibility of parole; except that if a person violating
paragraph (a) of this section knows the person that provided prostitution
services is in fact a victim of trafficking, the offender shall not be likewise
penalized under this section but under Section 10 as a person violating
Section 4; and if in committing such an offense, the offender also knows a
qualifying circumstance for trafficking, the offender shall be penalized under
Section 10 for qualified trafficking. If in violating this section the offender also
violates Section 4, the offender shall be penalized under Section 10 and, if
applicable, for qualified trafficking instead of under this section;
"(b) Deportation. – If a foreigner commits any offense described by paragraph

(1) or (2) of this section or violates any pertinent provision of this Act as an
accomplice or accessory to, or by attempting any such offense, he or she
shall be immediately deported after serving his or her sentence and be
barred permanently from entering the country; and
"(c) Public Official. – If the offender is a public official, he or she shall be

dismissed from service and shall suffer perpetual absolute disqualification to
hold public, office, in addition to any imprisonment or fine received pursuant
to any other provision of this Act."
"SEC. 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in
ten (10) years: Provided, however, That trafficking cases committed by a syndicate
or in a large scale as defined under Section 6, or against a child, shall prescribe in
twenty (20) years.
"The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage, or in the case of a
child victim, from the day the child reaches the age of majority, and shall be
interrupted by the filing of the complaint or information and shall commence to run
again when the proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the accused."
"SEC. 16. Programs that Address Trafficking in Persons. – The government shall
establish and implement preventive, protective and rehabilitative programs for
trafficked persons. For this purpose, the following agencies are hereby mandated to
implement the following programs:
"(a) Department of Foreign Affairs (DFA) – shall make available its resources
and facilities overseas for trafficked persons regardless of their manner of
entry to the receiving country, and explore means to further enhance its
assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs. It shall
provide Filipino victims of trafficking overseas with free legal assistance and
counsel to pursue legal action against his or her traffickers, represent his or
her interests in any criminal investigation or prosecution, and assist in the
application for social benefits and/or regular immigration status as may be
allowed or provided for by the host country. The DFA shall repatriate
trafficked Filipinos with the consent of the victims.
"The DFA shall take necessary measures for the efficient implementation of
the Electronic Passporting System to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
"In coordination with the Department of Labor and Employment, it shall

provide free temporary shelters and other services to Filipino victims of
trafficking overseas through the migrant workers and other overseas Filipinos
resource centers established overseas under Republic Act No. 8042, as
amended.
"(b) Department of Social Welfare and Development (DSWD) – shall

implement rehabilitative and protective programs for trafficked persons. It
shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community. It
shall establish free temporary shelters, for the protection and housing of
trafficked persons to provide the following basic services to trafficked
persons:
"(1) Temporary housing and food facilities;
"(2) Psychological support and counseling;
"(3) 24-hour call center for crisis calls and technology-based

counseling and referral system;
"(4) Coordination with local law enforcement entities; and
"(5) Coordination with the Department of Justice, among others.
"The DSWD must conduct information campaigns in communities and

schools teaching parents and families that receiving consideration in
exchange for adoption is punishable under the law. Furthermore, information
campaigns must be conducted with the police that they must not induce poor
women to give their children up for adoption in exchange for consideration.
"(c) Department of Labor and Employment (DOLE) – shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
labor recruiters.
"(d) Department of Justice (DOJ) – shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a mechanism
for free legal assistance for trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and
volunteer groups.
"(e) Philippine Commission on Women (PCW) – shall actively participate and

coordinate in the formulation and monitoring of policies addressing the issue
of trafficking in persons in coordination with relevant government agencies. It
shall likewise advocate for the inclusion of the issue of trafficking in persons
in both its local and international advocacy for women’s issues.
"(f) Bureau of Immigration (BI) – shall strictly administer and enforce

immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign nationals with the guidance and counseling requirement
as provided for in this Act.
"(g) Philippine National Police (PNP) and National Bureau of Investigation

(NBI) – shall be the primary law enforcement agencies to undertake
surveillance, investigation and arrest of individuals or persons suspected to
be engaged in trafficking. They shall closely coordinate with each other and
with other law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. They shall also
establish a system to receive complaints and calls to assist trafficked persons
and conduct rescue operations.
"(h) Philippine Overseas Employment Administration (POEA) and Overseas

Workers and Welfare Administration (OWWA) – POEA shall implement Pre-
Employment Orientation Seminars (PEOS) while Pre-Departure Orientation
Seminars (PDOS) shall be conducted by the OWWA. It shall likewise
formulate a system of providing free legal assistance to trafficked persons, in
coordination with the DFA.
"The POEA shall create a blacklist of recruitment agencies, illegal recruiters

and persons facing administrative, civil and criminal complaints for trafficking
filed in the receiving country and/or in the Philippines and those agencies,
illegal recruiters and persons involved in cases of trafficking who have been
rescued by the DFA and DOLE in the receiving country or in the Philippines
even if no formal administrative, civil or criminal complaints have been
filed: Provided, That the rescued victims shall execute an affidavit attesting to
the acts violative of the anti-trafficking law. This blacklist shall be posted in
conspicuous places in concerned government agencies and shall be updated
bi-monthly.
"The blacklist shall likewise be posted by the POEA in the shared

government information system, which is mandated to be established under
Republic Act No. 8042, as amended.
"The POEA and OWWA shall accredit NGOs and other service providers to
conduct PEOS and PDOS, respectively. The PEOS and PDOS should
include the discussion and distribution of the blacklist.
"The license or registration of a recruitment agency that has been blacklisted

may be suspended by the POEA upon a review of the complaints filed
against said agency.
"(i) Department of the Interior and Local Government (DILG) – shall institute
a systematic information and prevention campaign in coordination with
pertinent agencies of government as provided for in this Act. It shall provide
training programs to local government units, in coordination with the Council,
in ensuring wide understanding and application of this Act at the local level.
"(j) Commission on Filipinos Overseas – shall conduct pre-departure

counseling services for Filipinos in intermarriages. It shall develop a system
for accreditation of NGOs that may be mobilized for purposes of conducting
pre-departure counseling services for Filipinos in intermarriages. As such, it
shall ensure that the counselors contemplated under this Act shall have the
minimum qualifications and training of guidance counselors as provided for
by law.
"It shall likewise assist in the conduct of information campaigns against

trafficking in coordination with local government units, the Philippine
Information Agency, and NGOs.
"(k) Local government units (LGUs) – shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in municipalities or
provinces in coordination with the DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and other concerned
agencies. They shall encourage and support community-based initiatives
which address the trafficking in persons.
"In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people’s organizations (POs), civic organizations and
other volunteer groups."
Section 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 16-A. Anti-Trafficking in Persons Database. – An anti-trafficking in persons

central database shall be established by the Inter-Agency Council Against Trafficking
created under Section 20 of this Act. The Council shall submit a report to the
President of the Philippines and to Congress, on or before January 15 of every year,
with respect to the preceding year’s programs and data on trafficking-related cases.
"All government agencies tasked under the law to undertake programs and render
assistance to address trafficking in persons shall develop their respective monitoring
and data collection systems, and databases, for purposes of ensuring efficient
collection and storage of data on cases of trafficking in persons handled by their
respective offices. Such data shall be submitted to the Council for integration in a
central database system.
"For this purpose, the Council is hereby tasked to ensure the harmonization and
standardization of databases, including minimum data requirements, definitions,
reporting formats, data collection systems, and data verification systems. Such
databases shall have, at the minimum, the following information:
"(a) The number of cases of trafficking in persons, sorted according to status

of cases, including the number of cases being investigated, submitted for
prosecution, dropped, and filed and/or pending before the courts and the
number of convictions and acquittals;
"(b) The profile/information on each case;
"(c) The number of victims of trafficking in persons referred to the agency by

destination countries/areas and by area of origin; and
"(d) Disaggregated data on trafficking victims and the accused/defendants."
"SEC. 17. Legal Protection to Trafficked Persons. – Trafficked persons shall be

recognized as victims of the act or acts of trafficking and as such, shall not be
penalized for unlawful acts committed as a direct result of, or as an incident or in
relation to, being trafficked based on the acts of trafficking enumerated in this Act or
in obedience to the order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in this Act shall be
irrelevant.
"Victims of trafficking for purposes of prostitution as defined under Section 4 of this

Act are not covered by Article 202 of the Revised Penal Code and as such, shall not
be prosecuted, fined, or otherwise penalized under the said law."
follows:
"SEC. 17-A. Temporary Custody of Trafficked Victims. – The rescue of victims

should be done as much as possible with the assistance of the DSWD or an
accredited NGO that services trafficked victims. A law enforcement officer, on a
reasonable suspicion that a person is a victim of any offense defined under this Act
including attempted trafficking, shall immediately place that person in the temporary
custody of the local social welfare and development office, or any accredited or
licensed shelter institution devoted to protecting trafficked persons after the rescue."
Section 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of
Victims and of Consent of Victims in Cases of Deception, Coercion and Other
Prohibited Means. – The past sexual behavior or the sexual predisposition of a
trafficked person shall be considered inadmissible in evidence for the purpose of
proving consent of the victim to engage in sexual behavior, or to prove the
predisposition, sexual or otherwise, of a trafficked person. Furthermore, the consent
of a victim of trafficking to the intended exploitation shall be irrelevant where any of
the means set forth in Section 3(a) of this Act has been used."
Section 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. – No
action or suit shall be brought, instituted or maintained in any court or tribunal or
before any other authority against any: (a) law enforcement officer; (b) social worker;
or (c) person acting in compliance with a lawful order from any of the above, for
lawful acts done or statements made during an authorized rescue operation,
recovery or rehabilitation/intervention, or an investigation or prosecution of an anti-
trafficking case: Provided, That such acts shall have been made in good faith.
"The prosecution of retaliatory suits against victims of trafficking shall be held in

abeyance pending final resolution and decision of criminal complaint for trafficking.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law
enforcement officers, prosecutors and judges to urge complainants to abandon their
criminal, civil and administrative complaints for trafficking.
"The remedies of injunction and attachment of properties of the traffickers, illegal

recruiters and persons involved in trafficking may be issued motu proprio by judges."
"SEC. 20. Inter-Agency Council Against Trafficking. – There is hereby established an

Inter-Agency Council Against Trafficking, to be composed of the Secretary of the
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as
members:
"(a) Secretary, Department of Foreign Affairs;
"(b) Secretary, Department of Labor and Employment;
"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administration;
"(e) Commissioner, Bureau of Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine Commission on Women;

"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Executive Director, Philippine Center for Transnational Crimes; and
"(j) Three (3) representatives from NGOs, who shall include one (1)
representative each from among the sectors representing women, overseas
Filipinos, and children, with a proven record of involvement in the prevention
and suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
"The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to meetings,
and shall receive emoluments as may be determined by the Council in accordance
with existing budget and accounting rules and regulations."
"SEC. 22. Secretariat to the Council. – The Department of Justice shall establish the
necessary Secretariat for the Council.
"The secretariat shall provide support for the functions and projects of the Council.
The secretariat shall be headed by an executive director, who shall be appointed by
the Secretary of the DOJ upon the recommendation of the Council. The executive
director must have adequate knowledge on, training and experience in the
phenomenon of and issues involved in trafficking in persons and in the field of law,
law enforcement, social work, criminology, or psychology.
"The executive director shall be under the supervision of the Inter-Agency Council
Against Trafficking through its Chairperson and Co-Chairperson, and shall perform
the following functions:
"(a) Act as secretary of the Council and administrative officer of its

secretariat;
"(b) Advise and assist the Chairperson in formulating and implementing the
objectives, policies, plans and programs of the Council, including those
involving mobilization of government offices represented in the Council as
well as other relevant government offices, task forces, and mechanisms;
"(c) Serve as principal assistant to the Chairperson in the overall supervision

of council administrative business;
"(d) Oversee all council operational activities;
"(e) Ensure an effective and efficient performance of council functions and

prompt implementation of council objectives, policies, plans and programs;
"(f) Propose effective allocations of resources for implementing council

objectives, policies, plans and programs;
"(g) Submit periodic reports to the Council on the progress of council
objectives, policies, plans and programs;
"(h) Prepare annual reports of all council activities; and
"(i) Perform other duties as the Council may assign."
follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall exercise jurisdiction over
any act defined and penalized under this Act, even if committed outside the
Philippines and whether or not such act or acts constitute an offense at the place of
commission, the crime being a continuing offense, having been commenced in the
Philippines and other elements having been committed in another country, if the
suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.
"No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has
prosecuted or is prosecuting such person for the conduct constituting such offense,
except upon the approval of the Secretary of Justice.
"The government may surrender or extradite persons accused of trafficking in the

Philippines to the appropriate international court if any, or to another State pursuant
to the applicable extradition laws and treaties."
Section 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:
"SEC. 28. Funding. – The amount necessary to implement the provisions of this Act
shall be charged against the current year’s appropriations of the Inter-Agency
Council Against Trafficking under the budget of the DOJ and the appropriations of
the other concerned departments. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the annual General
Appropriations Act." 1âwphi1
follows:
"SEC. 28-A. Additional Funds for the Council. – The amount collected from every
penalty, fine or asset derived from any violation of this Act shall be earmarked as
additional funds for the use of the Council. The fund may be augmented by grants,
donations and endowment from various sources, domestic or foreign, for purposes
related to their functions, subject to the existing accepted rules and regulations of the
Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby
amended to read as follows:
"SEC. 32. Repealing Clause. – Article 202 of the Revised Penal Code, as amended,
and all laws, acts, presidential decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly: Provided, That this Act shall not in any
way amend or repeal the provisions of Republic Act No. 7610, otherwise known as
the ‘Special Protection of Child Against Child Abuse, Exploitation and Discrimination
Act.’"
"SEC. 33. Effectivity. – This Act shall take effect fifteen (15) days following its
complete publication in at least two (2) newspapers of general circulation."
Approved,
(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of
Representatives
This Act which is a consolidation of House Bill No. 6339 and Senate Bill No. 2625 was finally
passed by the House of Representatives and the Senate on December 4, 2012 and
December 5, 2012, respectively.
(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of Senate Secretary General
House of Representatives
Approved: FEB 06 2013
(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
The Lawphil Project - Arellano Law Foundation

ANTI WIRE-TAPPING LAW - CHAN ROBLES VIRTUAL
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This page features the full text of

Republic Act No. 4200
Anti Wire-Tapping Law.
REPUBLIC ACT NO. 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 detectaphone 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 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 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 evidence in any
civil, criminal investigation or trial of offenses mentioned in Sec. 3
hereof, shall not be covered by this prohibition.
Sec. 2. Any person who wilfully or knowingly does or who shall aid,
permit, or cause to be done any of the acts declared to be unlawful
in the preceding Sec. or who violates the provisions of the following
Sec. or of any order issued thereunder, or aids, permits, or causes
such violation shall, upon conviction thereof, be 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. chan robles virtual law library
Sec. 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 preceding Sec.s in cases involving the crimes of
treason, espionage, provoking war and disloyalty in case 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
theRevised Penal Code, and violations of Commonwealth Act No.
616, punishing espionage and other offenses against national
security: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 may produce and a
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: Provided, however, That in
cases involving 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 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 such crimes; and (3) that
there are no other means readily available for obtaining such
evidence. chan robles virtual law library
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.
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. chan robles virtual law library
The court referred to in this Sec. shall be understood to mean the

Court of First Instance within whose territorial jurisdiction the acts
for which authority is applied for are to be executed.
Sec. 4. Any communication or spoken word, or the existence,
contents, substance, purport, effect, or meaning of the same or any
part thereof, or any information therein contained obtained or
secured by any person in violation of the preceding Sec.s of this Act
shall not be admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation.
Sec. 5. All laws inconsistent with the provisions of this Act are
hereby repealed or accordingly amended. chan robles virtual law library
Sec. 6. This Act shall take effect upon its approval.
Republic Act 9262

Anti-Violence Against Women and Their Children Act of 2004
Files:
republic_act_9262_briefer.pdf
"THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004"
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004."
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and
guarantees full respect for human rights. The State also recognizes the need to protect the family and its members
particularly women and children, from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and children in keeping
with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of
Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the
Rights of the Child and other international human rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act:
(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but
is not limited to:
a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning
and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch
obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the
abuser;
b) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but
is not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal,
community or property owned in common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the
purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves
as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other
children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of
violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their
children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has
the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or
other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or
her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or
deliberately providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right; and
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the
victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties.
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or
her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the
following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence.
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access
to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Sec. 5 hereof shall be punished
according to the following rules:
(a) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide
shall be punished in accordance with the provisions of the Revised Penal Code;
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical
injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by
arresto mayor;
Acts falling under Sec. 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the
consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor;
(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Sec. 5(e) shall be punished by prision correccional;
(d) Acts falling under Sec. 5(f) shall be punished by arresto mayor;
(e) Acts falling under Sec. 5(g) shall be punished by prision mayor;
(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to
be applied shall be the maximum period of penalty prescribed in the Sec.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand
pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory
psychological counseling or psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction
over cases of violence against women and their children under this law. In the absence of such court in the place where
the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements
was committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further
acts of violence against a woman or her child specified in Sec. 5 of this Act and granting other necessary relief. The
relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain
control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection
order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall
include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the
acts mentioned in Sec. 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with
the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are
violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement
agent to accompany the respondent has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or household member at a distance
specified by the court, and to stay away from the residence, school, place of employment, or any specified place
frequented by the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless
of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the
parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal
effects, or to supervise the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of
the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted
directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or
her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to
surrender the same to the court for appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the
court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the
offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage,
medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the
petitioner and any designated family or household member, provided petitioner and any designated family or
household member consents to such relief.
Any of the reliefs provided under this Sec. shall be granted even in the absence of a decree of legal separation or
annulment or declaration of absolute 'ity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or
the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the
following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
(d) Officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) Police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and
their children occurred and who has personal knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Sec.
409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or
PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court
with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists
in the place of residence of the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed
and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or
criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection
order application form, written in English with translation to the major local languages, shall be made available to
facilitate applications for protections order, and shall contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a)
the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the
filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in
the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which
court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement
agents shall also extend assistance in the application for protection orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos
(P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the
applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel
de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing
on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall
facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer
to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under
Sec. 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to
the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is
unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the
Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be
effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay
Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is
personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued
by the court on the date of filing of the application after ex parte determination that such order should be issued. A
court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days.
The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The
court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the
assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the
merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the
court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall
not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents
appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was
not directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where
the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is
issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the
needs of the applicant.
The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A PPO shall be effective until
revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure
immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence
and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall
become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which
the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or
in capital letters on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a
protection order within the reglementary period specified in the previous Sec. without justifiable cause shall render the
official or judge administratively liable.
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged,
Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case
as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted
within the mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of
applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and
the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other
business and, if necessary, suspend other proceedings in order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed
directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty
(30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts
committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the
trial court may motu proprio issue a protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under
Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for
any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall
be applicable in impliedly instituted with the criminal actions involving violence against women and their children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to
give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit
the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed
six (6) months, if he shall have been prosecuted for acts punishable under Sec. 5(a) to 5(f) and not exceeding thirty (30)
days, if for acts punishable under Sec. 5(g) to 5(i).
The protection orders referred to in this Sec. are the TPOs and the PPOs issued only by the courts.
SECTION 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling
under Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which
may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of
the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her
child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be
given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children.
In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman
syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following
duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent
litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the
following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary
whether or not a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring,
or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger
to the life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or
accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten
Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an
attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been
informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services
available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish
programs such as, but not limited to, education and information campaign and seminars or symposia on the nature,
causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of
their officers and personnel on the prevention of violence against women and their children under the Act.
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to
compromise or abandon any of the reliefs sought in the application for protection under this Act. Sec. 7 of the Family
Courts Act of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in
proceedings where relief is sought under this Act.
Failure to comply with this Sec. shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as
herein defined, any person, private individual or police authority or barangay official who, acting in accordance with
law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim,
shall not be liable for any criminal, civil or administrative liability resulting therefrom.
SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and
their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for a protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and
exemplary damages.
SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in
cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an
immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the
court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic
notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). -In pursuance of the
abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their
children, hereinafter known as the Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as
develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will
also serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank not lower than an
assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall
receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and
regulations.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and
treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or
confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All
agencies involved in responding to violence against women and their children cases shall be required to undergo
education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury
to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay
officials to enable them to properly handle cases of violence against women and their children.
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10)
days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when
the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this Sec. shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any
person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including
those in the barangay shall be confidential and all public officers and employees and public or private clinics to
hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format,
the name, address, telephone number, school, business address, employer, or other identifying information of a victim
or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than
Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual
General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services
for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the
NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the
NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws,
shall have suppletory application.
SECTION 48. Separability Clause. – If any Sec. or provision of this Act is held unconstitutional or invalid, the other
Sec.s or provisions shall not be affected.
SECTION 50. 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.
SECTION 51. 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.
I. These are considered as crimes against security because they disturb the peace of mind of a
person.
II. Threats: Declarations of an intention to inflict a future wrong upon the person, honor or property
of another or the latter’s family. The acts or words must be so efficacious as to amount to moral
pressure and thus produces fear, or mental disturbance.
A. Grave Threats under Article 282 - the act threatened to be done is a crime e.g. to kill, to burn or
destroy property, to box or to inflict injuries
1. Conditional: the accused makes a demand so that he will not do what he threatened, such as a
demand for money or another condition which may not be unlawful. E.g. “I will stone your car if you
will fail me”.
2 Unconditional- there is simply a declaration to do wrong or harm amounting to a crime. E.g.: “I am

tired of looking at your face. I might as well kill you”
3. But if the threat was made in the heat of anger and the accused did not persist, it is Light Threats.
E.g: In a heated quarrel the accused uttered: “ Uubusin ko kayong magpapamilya” but did not do
anything more. If he however gets a weapon and moves towards his opponent, the crime is grave
threats.
B. Light Threats which may either be:
1. Where the act to be done does not amount to a crime, but it disturbs another. This may be subject
to a condition or not. (Article 283) Examples:
(a). “I will fail you if you will not be introduce me to your sister”
(bi). “ I will report your absences to your father if you do not let me copy your answers”
(c). “I will tell your boyfriend about your dating other men”
2. Other Light Threats (Article 285)
a). Threatening another with a weapon, or drawing such weapon in a quarrel
b). Orally threatening another with a wrong which may amount to a crime but he accused did not
persist in the idea involved in the threat
III. If there is an intimidation and threat to inflict an injury is coupled with a demand for money,
when is it threats and when is it robbery?
1. In threats the harm/injury is still to be inflicted in the future (future harm) whereas in robbery
the harm is to be inflicted right then and there, or that it is actual and immediate ( immediate harm)
2. In threats, the harm maybe committed upon the person or honor of the victim or that to his
family, or to his property whereas in robbery the harm is to be inflicted does not include the honor
of the victim
3. In threats the doing of the harm may be communicated through an intermediary where as in
robbery the doing of the harm is always communicated directly and personally to the victim
4. In threat gain is not immediate whereas in robbery the gain is immediate.
IV. Threats as constituting blackmailing- when the doing of a wrong which does not constitute a
crime ( Light threat) is subject to a demand for money or other valuable considerations. Examples:
1. “ I will report your cheating to the Dean unless you take charge of my back rentals”
2. “I will inform your best friend that you are dating her boy friend. However, If you let me have
your bracelet, then I will not say anything”.
NOTE; there are two forms of blackmailing. The second is under the law on libel
V. Threats maybe made in any form: orally or in writing or by deeds and actions; personally or
through an intermediary, or via modern facilities of communications, such as by texting or E-mail.
The crime is consummated once the threat is made known to the person threatened,
VI. Threats are absorbed when they are made in connection with another crime, or are used as the
means to commit another crime. Thus the threat to kill is absorbed in armed robbery, as the threat
to injure is absorbed in rape.
VII. Bond for Good Behavior: this is the amount of money to be deposited by the accused charged
with threats to ensure that he shall not molest the person threatened. If he refuses to put up the
Bond for Good behavior, he shall be sentenced to destierro. This is separate and different from the
bond which the accused is require to put up in order not to be detained pending trial.

CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
nine.
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.1avv phi1
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 President of the Senate
Representatives
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
(Sgd.) GLORIA MACAPAGAL-ARROYO


Congress of the Philippines
Metro Manila
Thirteenth Congress
Begun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand
seven.
Republic Act No. 9372 March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act
of 2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the
national security of the country and to the welfare of the people, and to make terrorism a
crime against the Filipino people, against humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account
the root causes of terrorism without acknowledging these as justifications for terrorist and/or
criminal activities. Such measures shall include conflict management and post-conflict
peace-building, addressing the roots of conflict by building state capacity and promoting
equitable economic development.
Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of

constitutionally recognized powers of the executive branch of the government. It is to be
understood, however that the exercise of the constitutionally recognized powers of the
executive department of the government shall not prejudice respect for human rights which
shall be absolute and protected at all times.
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of
1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law

of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand
shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the
same.
SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised
Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of
either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous
acts shall suffer the penalty of from seventeen (17) years, four months one day to twenty
(20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part
subsequent to its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c)
by harboring, concealing, or assisting in the escape of the principal or conspirator of the
crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within the provisions of
subparagraph (a).
SEC. 7. Surveillance of Suspects and Interception and Recording of

Communications. -The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the
contrary notwithstanding, a police or law enforcement official and the members of his team
may, upon a written order of the Court of Appeals, listen to, intercept and record, with the
use of any mode, form, kind or type of electronic or other surveillance equipment or
intercepting and tracking devices, or with the use of any other suitable ways and means for
that purpose, any communication, message, conversation, discussion, or spoken or written
words between members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers
and clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The written order of the
authorizing division of the Court of Appeals to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or spoken or written words of any
person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
shall only be granted by the authorizing division of the Court of Appeals upon an ex parte
written application of a police or of a law enforcement official who has been duly authorized
in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte
application, and upon examination under oath or affirmation of the applicant and the
witnesses he may produce to establish: (a) that there is probable cause to believe based on
personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy
to commit terrorism has been committed, or is being committed, or is about to be committed;
(b) that there is probable cause to believe based on personal knowledge of facts or
circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be obtained;
and, (c) that there is no other effective means readily available for acquiring such evidence.
SEC. 9. Classification and Contents of the Order of the Court. - The written order
granted by the authorizing division of the Court of Appeals as well as its order, if any, to
extend or renew the same, the original application of the applicant, including his application
to extend or renew, if any, and the written authorizations of the Anti-Terrorism Council shall
be deemed and are hereby declared as classified information: Provided, That the person
being surveilled or whose communications, letters, papers, messages, conversations,
discussions, spoken or written words and effects have been monitored, listened to, bugged
or recorded by law enforcement authorities has the right to be informed of the acts done by
the law enforcement authorities in the premises or to challenge, if he or she intends to do so,
the legality of the interference before the Court of Appeals which issued the written order.
The written order of the authorizing division of the Court of Appeals shall specify the
following: (a) the identity, such as name and address, if known, of the charged or suspected
person whose communications, messages, conversations, discussions, or spoken or written
words are to be tracked down, tapped, listened to, intercepted, and recorded and, in the case
of radio, electronic, or telephonic (whether wireless or otherwise) communications,
messages, conversations, discussions, or spoken or written words, the electronic
transmission systems or the telephone numbers to be tracked down, tapped, listened to,
intercepted, and recorded and their locations or if the person suspected of the crime of
terrorism or conspiracy to commit terrorism is not fully known, such person shall be subject
to continuous surveillance provided there is a reasonable ground to do so; (b) the identity
(name, address, and the police or law enforcement organization) of the police or of the law
enforcement official, including the individual identity (names, addresses, and the police or
law enforcement organization) of the members of his team, judicially authorized to track
down, tap, listen to, intercept, and record the communications, messages, conversations,
discussions, or spoken or written words; (c) the offense or offenses committed, or being
committed, or sought to be prevented; and, (d) the length of time within which the
authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any authorization granted by the
authorizing division of the Court of Appeals, pursuant to Section 9(d) of this Act, shall only be
effective for the length of time specified in the written order of the authorizing division of the
Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt
of the written order of the authorizing division of the Court of Appeals by the applicant police
or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization
for another non-extendible period, which shall not exceed thirty (30) days from the expiration
of the original period: Provided, That the authorizing division of the Court of Appeals is
satisfied that such extension or renewal is in the public interest: and Provided, further, That
the ex parte application for extension or renewal, which must be filed by the original
applicant, has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant among the
members of the team named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Section 20 hereof,
the applicant police or law enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as provided in the preceding
paragraphs within which to file the appropriate case before the Public Prosecutor's Office for
any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement
official shall immediately notify the person subject of the surveillance, interception and
recording of the termination of the said surveillance, interception and recording. The penalty
of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon
the applicant police or law enforcement official who fails to notify the person subject of the
surveillance, monitoring, interception and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. - All tapes, discs, and
recordings made pursuant to the authorization of the authorizing division of the Court of
Appeals, including all excerpts and summaries thereof as well as all written notes or
memoranda made in connection therewith, shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing division of the Court of
Appeals or within forty-eight (48) hours after the expiration of any extension or renewal
granted by the authorizing division of the Court of Appeals, be deposited with the authorizing
Division of the Court of Appeals in a sealed envelope or sealed package, as the case may
be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement
official and the members of his team.
In case of death of the applicant or in case he is physically disabled to execute the required
affidavit, the one next in rank to the applicant among the members of the team named in the
written order of the authorizing division of the Court of Appeals shall execute with the
members of the team that required affidavit.
It shall be unlawful for any person, police officer or any custodian of the tapes, discs and
recording, and their excerpts and summaries, written notes or memoranda to copy in
whatever form, to remove, delete, expunge, incinerate, shred or destroy in any manner the
items enumerated above in whole or in part under any pretext whatsoever.
Any person who removes, deletes, expunges, incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not less than six years and one day to twelve (12)
years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police or of the law
enforcement official and the individual members of his team shall state: (a) the number of
tapes, discs, and recordings that have been made, as well as the number of excerpts and
summaries thereof and the number of written notes and memoranda, if any, made in
connection therewith; (b) the dates and times covered by each of such tapes, discs, and
recordings; (c) the number of tapes, discs, and recordings, as well as the number of excerpts
and summaries thereof and the number of written notes and memoranda made in connection
therewith that have been included in the deposit; and (d) the date of the original written
authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte
application to conduct the tracking down, tapping, intercepting, and recording, as well as the
date of any extension or renewal of the original written authority granted by the authorizing
division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies of the whole or
any part of any of such tapes, discs, and recordings, and that no duplicates or copies of the
whole or any part of any of such excerpts, summaries, written notes, and memoranda, have
been made, or, if made, that all such duplicates and copies are included in the sealed
envelope or sealed package, as the case may be, deposited with the authorizing division of
the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official to omit or exclude from
the joint affidavit any item or portion thereof mentioned in this Section.
Any person, police or law enforcement officer who violates any of the acts prescribed in the
preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed envelope or sealed package and
the contents thereof, which are deposited with the authorizing division of the Court of
Appeals, shall be deemed and are hereby declared classified information, and the sealed
envelope or sealed package shall not be opened and its contents (including the tapes, discs,
and recordings and all the excerpts and summaries thereof and the notes and memoranda
made in connection therewith) shall not be divulged, revealed, read, replayed, or used as
evidence unless authorized by written order of the authorizing division of the Court of
Appeals, which written order shall be granted only upon a written application of the
Department of Justice filed before the authorizing division of the Court of Appeals and only
upon a showing that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application with proper written notice the person whose
conversation, communication, message discussion or spoken or written words have been the
subject of surveillance, monitoring, recording and interception to open, reveal, divulge, and
use the contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in
writing the persons subject of the surveillance as defined above shall suffer the penalty of six
years and one day to eight years of imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. - The
written application with notice to the party concerned to open the deposited sealed envelope
or sealed package shall clearly state the purpose or reason: (a) for opening the sealed
envelope or sealed package; (b) for revealing or disclosing its classified contents; (c) for
replaying, divulging, and or reading any of the listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written words
(including any of the excerpts and summaries thereof and any of the notes or memoranda
made in connection therewith); [ and, (d) for using any of said listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken or written
words (including any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify as
defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken or written
words, or any part or parts thereof, or any information or fact contained therein, including
their existence, content, substance, purport, effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act, shall absolutely not be admissible and usable
as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. - Any
police or law enforcement personnel who, not being authorized to do so by the authorizing
division of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in
whatever manner or form any communication, message, conversation, discussion, or spoken
or written word of a person charged with or suspected of the crime of terrorism or the crime
of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of
ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense,
the penalty of ten (10) years and one day to twelve (12) years of imprisonment and the
accessory penalty of perpetual absolute disqualification from public office shall be imposed
upon any police or law enforcement personnel who maliciously obtained an authority from
the Court of Appeals to track down, tap, listen to, intercept, and record in whatever manner
or form any communication, message, conversation, discussion, or spoken or written words
of a person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism: Provided, That notwithstanding Section 13 of this Act, the party aggrieved by such
authorization shall be allowed access to the sealed envelope or sealed package and the
contents thereof as evidence for the prosecution of any police or law enforcement personnel
who maliciously procured said authorization.
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. -

Any organization, association, or group of persons organized for the purpose of engaging in
terrorism, or which, although not organized for that purpose, actually uses the acts to
terrorize mentioned in this Act or to sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to coerce the government to give
in to an unlawful demand shall, upon application of the Department of Justice before a
competent Regional Trial Court, with due notice and opportunity to be heard given to the
organization, association, or group of persons concerned, be declared as a terrorist and
outlawed organization, association, or group of persons by the said Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of
Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law
enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for
delay in the delivery of detained persons to the proper judicial authorities, deliver said
charged or suspected person to the proper judicial authority within a period of three days
counted from the moment the said charged or suspected person has been apprehended or
arrested, detained, and taken into custody by the said police, or law enforcement personnel:
Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to
commit terrorism must result from the surveillance under Section 7 and examination of bank
deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took place at any time of the day or
night. It shall be the duty of the judge, among other things, to ascertain the identity of the
police or law enforcement personnel and the person or persons they have arrested and
presented before him or her, to inquire of them the reasons why they have arrested the
person and determine by questioning and personal observation whether or not the suspect
has been subjected to any physical, moral or psychological torture by whom and why. The
judge shall then submit a written report of what he/she had observed when the subject was
brought before him to the proper court that has jurisdiction over the case of the person thus
arrested. The judge shall forthwith submit his/her report within three calendar days from the
time the suspect was brought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall
notify in writing the judge of the court nearest the place of apprehension or arrest: Provided
,That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the
written notice shall be served at the residence of the judge nearest the place where the
accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon the police or law enforcement personnel who fails to notify and judge as
Provided in the preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. -
In the event of an actual or imminent terrorist attack, suspects may not be detained for more
than three days without the written approval of a municipal, city, provincial or regional official
of a Human Rights Commission or judge of the municipal, regional trial court, the
Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the
arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police
or law enforcement personnel shall bring the person thus arrested to the residence of any of
the officials mentioned above that is nearest the place where the accused was arrested. The
approval in writing of any of the said officials shall be secured by the police or law
enforcement personnel concerned within five days after the date of the detention of the
persons concerned: Provided, however, That within three days after the detention the
suspects, whose connection with the terror attack or threat is not established, shall be
released immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within
Three Days. - The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any police or law enforcement personnel who has
apprehended or arrested, detained and taken custody of a person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged
or suspected person to the proper judicial authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. - The moment a person charged
with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is
apprehended or arrested and detained, he shall forthwith be informed, by the arresting police
or law enforcement officers or by the police or law enforcement officers to whose custody the
person concerned is brought, of his or her right: (a) to be informed of the nature and cause of
his arrest, to remain silent and to have competent and independent counsel preferably of his
choice. If the person cannot afford the services of counsel of his or her choice, the police or
law enforcement officers concerned shall immediately contact the free legal assistance unit
of the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office (PAO). It shall be
the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately
visit the person(s) detained and provide him or her with legal assistance. These rights cannot
be waived except in writing and in the presence of the counsel of choice; (b) informed of the
cause or causes of his detention in the presence of his legal counsel; (c) allowed to
communicate freely with his legal counsel and to confer with them at any time without
restriction; (d) allowed to communicate freely and privately without restrictions with the
members of his family or with his nearest relatives and to be visited by them; and, (e)
allowed freely to avail of the service of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law
enforcement personnel, or any personnel of the police or other law enforcement custodial
unit that violates any of the aforesaid rights of a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense
and shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
Unless the police or law enforcement personnel who violated the rights of a detainee or
detainees as stated above is duly identified, the same penalty shall be imposed on the police
officer or hear or leader of the law enforcement unit having custody of the detainee at the
time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and its Contents. - The police
or other law enforcement custodial unit in whose care and control the person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has been
placed under custodial arrest and detention shall keep a securely and orderly maintained
official logbook, which is hereby declared as a public document and opened to and made
available for .the inspection and scrutiny of the lawyer or lawyers of the person under
custody or any member of his or her family or relative by consanguinity or affinity within the
fourth civil degree or his or her physician at any time of the day or night without any form of
restriction. The logbook shall contain a clear and concise record of: (a) the name,
description, and address of the detained person; (b) the date and exact time of his initial
admission for custodial arrest and detention; (c) the name and address of the physician or
physicians who examined him physically and medically; (d) the state of his health and
physical condition at the time of his initial admission for custodial detention; (e) the date and
time of each removal of the detained person from his cell for interrogation or for any purpose;
(f) the date and time of his return to his cell; (g) the name and address of the physician or
physicians who physically and medically examined him after each interrogation; (h) a
summary of the physical and medical findings on the detained person after each of such
interrogation; (i) the names and addresses of his family members and nearest relatives, if
any and if available; (j) the names and addresses of persons, who visit the detained person;
(k) the date and time of each of such visits; (1) the date and time of each request of the
detained person to communicate and confer with his legal counsel or counsels; (m) the date
and time of each visit, and date and time of each departure of his legal counsel or counsels;
and, (n) all other important events bearing on and all relevant details regarding the treatment
of the detained person while under custodial arrest and detention.
The said police or law enforcement custodial unit shall upon demand of the aforementioned
lawyer or lawyers or members of the family or relatives within the fourth civil degree of
consanguinity or affinity of the person under custody or his or her physician issue a certified
true copy of the entries of the logbook relative to the concerned detained person without
delay or restriction or requiring any fees whatsoever including documentary stamp tax,
notarial fees, and the like. This certified true copy may be attested by the person who has
custody of the logbook or who allowed the party concerned to scrutinize it at the time the
demand for the certified true copy is made.
The police or other law enforcement custodial unit who fails to comply with the preceding
paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day to
SEC. 24. No Torture or Coercion in Investigation and Interrogation. - No threat,

intimidation, or coercion, and no act which will inflict any form of physical pain or torment, or
mental, moral, or psychological pressure, on the detained person, which shall vitiate his
freewill, shall be employed in his investigation and interrogation for the crime of terrorism or
the crime of conspiracy to commit terrorism; otherwise, the evidence obtained from said
detained person resulting from such threat, intimidation, or coercion, or from such inflicted
physical pain or torment, or mental, moral, or psychological pressure, shall be, in its entirety,
absolutely not admissible and usable as evidence in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and
Interrogation of a Detained Person. - Any person or persons who use threat, intimidation,
or coercion, or who inflict physical pain or torment, or mental, moral, or psychological
pressure, which shall vitiate the free-will of a charged or suspected person under
investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit
terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12) years and
one day to twenty (20) years of imprisonment.
When death or serious permanent disability of said detained person occurs as a

consequence of the use of such threat, intimidation, or coercion, or as a consequence of the
infliction on him of such physical pain or torment, or as a consequence of the infliction on him
of such mental, moral, or psychological pressure, the penalty shall be twelve (12) years and
one day to twenty (20) years of imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and the
person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to
bail and is granted the same, the court, upon application by the prosecutor, shall limit the
right of travel of the accused to within the municipality or city where he resides or where the
case is pending, in the interest of national security and public safety, consistent with Article
III, Section 6 of the Constitution. Travel outside of said municipality or city, without the
authorization of the court, shall be deemed a violation of the terms and conditions of his bail,
which shall then be forfeited as provided under the Rules of Court.
He/she may also be placed under house arrest by order of the court at his or her usual place
of residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails,
computers, the internet or other means of communications with people outside the residence
until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of
the dismissal of the case filed against him or earlier upon the discretion of the court on
motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and
Records. - The provisions of Republic Act No. 1405 as amended, to the contrary
notwithstanding, the justices of the Court of Appeals designated as a special court to handle
anti-terrorism cases after satisfying themselves of the existence of probable cause in a
hearing called for that purpose that: (1) a person charged with or suspected of the crime of
terrorism or, conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist
organization, association, or group of persons; and (3) of a member of such judicially
declared and outlawed organization, association, or group of persons, may authorize in
writing any police or law enforcement officer and the members of his/her team duly
authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination
of, the deposits, placements, trust accounts, assets and records in a bank or financial
institution; and (b) gather or cause the gathering of any relevant information about such
deposits, placements, trust accounts, assets, and records from a bank or financial institution.
The bank or financial institution concerned, shall not refuse to allow such examination or to
provide the desired information, when so, ordered by and served with the written order of the
Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. - The written
order of the Court of Appeals authorizing the examination of bank deposits, placements, trust
accounts, assets, and records: (1) of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) of any judicially declared and outlawed
terrorist organization, association, or group of persons, or (3) of any member of such
organization, association, or group of persons in a bank or financial institution, and the
gathering of any relevant information about the same from said bank or financial institution,
shall only be granted by the authorizing division of the Court of Appeals upon an ex parte
application to that effect of a police or of a law enforcement official who has been duly
authorized in writing to file such ex parte application by the Anti-Terrorism Council created in
Section 53 of this Act to file such ex parte application, and upon examination under oath or
affirmation of the applicant and, the witnesses he may produce to establish the facts that will
justify the need and urgency of examining and freezing the bank deposits, placements, trust
accounts, assets, and records: (1) of the person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) of a judicially declared and outlawed terrorist
organization, association or group of persons; or (3) of any member of such organization,
association, or group of persons.
SEC. 29. Classification and Contents of the Court Order Authorizing the Examination
of Bank Deposits, Accounts, and Records. - The written order granted by the authorizing
division of the Court of Appeals as well as its order, if any, to extend or renew the same, the
original ex parte application of the applicant, including his ex parte application to extend or
renew, if any, and the written authorizations of the Anti-Terrorism Council, shall be deemed
and are hereby declared as classified information: Provided, That the person whose bank
deposits, placements, trust accounts, assets, and records have been examined, frozen,
sequestered and seized by law enforcement authorities has the right to be informed of the
acts done by the law enforcement authorities in the premises or to challenge, if he or she
intends to do so, the legality of the interference. The written order of the authorizing division
of the Court of Appeals designated to handle cases involving terrorism shall specify: (a) the
identify of the said: (1) person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) member of such judicially declared and outlawed
organization, association, or group of persons, as the case may be. whose deposits,
placements, trust accounts, assets, and records are to be examined or the information to be
gathered; (b) the identity of the bank or financial Institution where such deposits, placements,
trust accounts, assets, and records are held and maintained; (c) the identity of the persons
who will conduct the said examination and the gathering of the desired information; and, (d)
the length of time the authorization shall be carried out.
SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on
Bank Deposits, Accounts, and Records. - The authorization issued or granted by the
authorizing division of the Court of Appeals to examine or cause the examination of and to
freeze bank deposits, placements, trust accounts, assets, and records, or to gather
information about the same, shall be effective for the length of time specified in the written
order of the authorizing division of the Court of Appeals, which shall not exceed a period of
thirty (30) days from the date of receipt of the written order of the authorizing division of the
Court of Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization
for another period, which shall not exceed thirty (30) days renewable to another thirty (30)
days from the expiration of the original period: Provided, That the authorizing division of the
Court of Appeals is satisfied that such extension or renewal is in the public interest: and,
Provided, further, That the application for extension or renewal, which must be filed by the
original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant among the
members of the ream named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Section 19 hereof,
the applicant police or law enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as provided in the preceding
paragraphs within which to file the appropriate case before the Public Prosecutor's Office for
any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement
official shall immediately notify in writing the person subject of the bank examination and
freezing of bank deposits, placements, trust accounts, assets and records. The penalty of ten
(10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify in writing the person subject of
the bank examination and freezing of bank deposits, placements, trust accounts, assets and
records.
writing as defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after Examination of
Deposits, Placements, Trust Accounts, Assets and Records. - All information, data,
excerpts, summaries, notes, memoranda, working sheets, reports, and other documents
obtained from the examination of the bank deposits, placements, trust accounts, assets and
records of: (1) a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of any such organization, association, or
group of persons shall, within forty-eight (48) hours after the expiration of the period fixed in
the written order of the authorizing division of the Court of Appeals or within forty-eight (48)
hours after the expiration of the extension or renewal granted by the authorizing division of
the Court of Appeals, be deposited with the authorizing division of the Court of Appeals in a
sealed envelope or sealed package, as the case may be, and shall be accompanied by a
joint affidavit of the applicant police or law enforcement official and the persons who actually
conducted the examination of said bank deposits, placements, trust accounts, assets and
records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the identifying
marks, numbers, or symbols of the deposits, placements, trust accounts, assets, and records
examined; (b) the identity and address of the bank or financial institution where such
deposits, placements, trust accounts, assets, and records are held and maintained; (c) the
number of bank deposits, placements, trust accounts, assets, and records discovered,
examined, and frozen; (d) the outstanding balances of each of such deposits, placements,
trust accounts, assets; (e) all information, data, excerpts, summaries, notes, memoranda,
working sheets, reports, documents, records examined and placed in the sealed envelope or
sealed package deposited with the authorizing division of the Court of Appeals; (f) the date of
the original written authorization granted by the Anti-Terrorism Council to the applicant to file
the ex parte Application to conduct the examination of the said bank deposits, placements,
trust accounts, assets and records, as well as the date of any extension or renewal of the
original written authorization granted by the authorizing division of the Court of Appeals; and
(g) that the items Enumerated were all that were found in the bank or financial institution
examined at the time of the completion of the examination.
The joint affidavit shall also certify under oath that no duplicates or copies of the information,
data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents
acquired from the examination of the bank deposits, placements, trust accounts, assets and
records have been made, or, if made, that all such duplicates and copies are placed in the
sealed envelope or sealed package deposited with the authorizing division of the Court of
Appeals.
It shall be unlawful for any person, police officer or custodian of the bank data and
information obtained after examination of deposits, placements, trust accounts, assets and
records to copy, to remove, delete, expunge, incinerate, shred or destroy in any manner the
items enumerated above in whole or in part under any pretext whatsoever,
Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the
items enumerated above shall suffer a penalty of not less than six years and one day to
SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed package and the
contents thereof, which are deposited with the authorizing division of the Court of Appeals,
shall be deemed and are hereby declared classified information and the sealed envelope or
sealed package shall not be opened and its contents shall not be divulged, revealed, read, or
used as evidence unless authorized in a written order of the authorizing division of the Court
of Appeals, which written order shall be granted only upon a written application of the
Department of Justice filed before the authorizing division of the Court of Appeals and only
upon a showing that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application, with notice in writing to the party concerned not
later than three days before the scheduled opening, to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.
writing as defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. - The written application, with
notice in writing to the party concerned not later than three days of the scheduled opening, to
open the sealed envelope or sealed package shall clearly state the purpose and reason: (a)
for opening the sealed envelope or sealed package; (b) for revealing and disclosing its
classified contents; and, (c) for using the classified information, data, excerpts, summaries,
notes, memoranda, working sheets, reports, and documents as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any information, data,
excerpts, summaries, notes, memoranda, work sheets, reports, or documents acquired from
the examination of the bank deposits, placements, trust accounts, assets and records of: (1)
a person charged or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization, association, or group of persons, which
have been secured in violation of the provisions of this Act, shall absolutely not be
admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial

Institution. - Any person, police or law enforcement personnel who examines the deposits,
placements, trust accounts, assets, or records in a bank or financial institution of: (1) a
person charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or
group of persons; or (3) a member of such organization, association, or group of persons,
without being authorized to do so by the Court of Appeals, shall be guilty of an offense and
shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense,
the penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon any police or law enforcement personnel, who maliciously obtained an
authority from the Court of Appeals to examine the deposits, placements, trust accounts,
assets, or records in a bank or financial institution of: (1) a person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism; (2) a judicially declared and
outlawed terrorist organization, association, or group of persons; or (3) a member of such
organization, association, or group of persons: Provided, That notwithstanding Section 33 of
this Act, the party aggrieved by such authorization shall upon motion duly filed be allowed
access to the sealed envelope or sealed package and the contents thereof as evidence for
the prosecution of any police or law enforcement personnel who maliciously procured said
authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. - An
employee, official, or a member of the board of directors of a bank or financial institution,
who refuses to allow the examination of the deposits, placements, trust accounts, assets,
and records of: (1) a person charged with or suspected of the crime of terrorism or the crime
of conspiracy to commit terrorism; (2) a judicially declared and outlawed organization,
association, or group of persons; or (3) a member of such judicially declared and outlawed
organization, association, or group of persons in said bank or financial institution, when duly
served with the written order of the authorizing division of the Court of Appeals, shall be
guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material

Fact in Joint Affidavits. - Any false or untruthful statement or misrepresentation of material
fact in the joint affidavits required respectively in Section 12 and Section 32 of this Act shall
constitute a criminal offense and the affiants shall suffer individually the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and their outstanding balances,
placements, trust accounts, assets, and records in any bank or financial institution, moneys,
businesses, transportation and communication equipment, supplies and other implements,
and property of whatever kind and nature belonging: (1) to any person suspected of or
charged before a competent Regional Trial Court for the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization,
association, or group of persons; or (3) to a member of such organization, association, or
group of persons shall be seized, sequestered, and frozen in order to prevent their use,
transfer, or conveyance for purposes that are inimical to the safety and security of the people
or injurious to the interest of the State.
The accused or a person suspected of may withdraw such sums as may be reasonably
needed by the monthly needs of his family including the services of his or her counsel and
his or her family's medical needs upon approval of the court. He or she may also use any of
his property that is under seizure or sequestration or frozen because of his/her indictment as
a terrorist upon permission of the court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of the Court of
Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy to
commit terrorism to withdraw such sums from sequestered or frozen deposits, placements,
trust accounts, assets and records as may be necessary for the regular sustenance of
his/her family or to use any of his/her property that has been seized, sequestered or frozen
for legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits, Placements, Trust
Accounts, Assets and Records. - The seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records belonging to a person suspected of or
charged with the crime of terrorism or conspiracy to commit terrorism shall be deemed as
property held in trust by the bank or financial institution for such person and the government
during the pendency of the investigation of the person suspected of or during the pendency
of the trial of the person charged with any of the said crimes, as the case may be and their
use or disposition while the case is pending shall be subject to the approval of the court
before which the case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Record. - If the person suspected of or charged
with the crime of terrorism or conspiracy to commit terrorism is found, after his investigation,
to be innocent by the investigating body, or is acquitted, after his arraignment or his case is
dismissed before his arraignment by a competent court, the seizure, sequestration and
freezing of his bank deposits, placements, trust accounts, assets and records shall forthwith
be deemed lifted by the investigating body or by the competent court, as the case may be,
and his bank deposits, placements, trust accounts, assets and records shall be deemed
released from such seizure, sequestration and freezing, and shall be restored to him without
any delay by the bank or financial institution concerned without any further action on his part.
The filing of any appeal on motion for reconsideration shall not state the release of said
funds from seizure, sequestration and freezing.
If the person charged with the crime of terrorism or conspiracy to commit terrorism is
convicted by a final judgment of a competent trial court, his seized, sequestered and frozen
bank deposits, placements, trust accounts, assets and records shall be automatically
forfeited in favor of the government.
Upon his or her acquittal or the dismissal of the charges against him or her, the amount of
Five hundred thousand pesos (P500.000.00) a day for the period in which his properties,
assets or funds were seized shall be paid to him on the concept of liquidated damages. The
amount shall be taken from the appropriations of the police or law enforcement agency that
caused the filing of the enumerated charges against him/her.
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized,
Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and
Records. - Any person who unjustifiably refuses to restore or delays the restoration of
seized, sequestered and frozen bank deposits, placements, trust accounts, assets and
records of a person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism after such suspected person has been found innocent by the investigating
body or after the case against such charged person has been dismissed or after he is
acquitted by a competent court shall suffer the penalty of ten (10) years and one day to
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered
and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any
person who is responsible for the loss, misuse, diversion, or dissipation of the whole or any
part of the seized, sequestered and frozen bank deposits, placements, trust accounts, assets
and records of a person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years
of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. - Any public officer who has direct
custody of a detained person or under the provisions of this Act and who by his deliberate
act, misconduct, or inexcusable negligence causes or allows the escape of such detained
person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and
one day to twenty (20) years of imprisonment, if the detained person has already been
convicted and sentenced in a final judgment of a competent court; and (b) six years and one
day to twelve (12) years of imprisonment, if the detained person has not been convicted and
sentenced in a final judgment of a competent court.
SEC. 45. Immunity and Protection of Government Witnesses. - The provisions of
Republic Act No. 6981 (Witness Protection, Security and Benefits Act) to the contrary
notwithstanding, the immunity of government witnesses testifying under this Act shall be
governed by Sections 17 and 18 of Rule 119 of the Rules of Court: Provided, however, That
said witnesses shall be entitled to benefits granted to witnesses under said Republic Act
No.6981.
SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. - The penalty of
ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any
person, police or law enforcement agent, judicial officer or civil servant who, not being
authorized by the Court of Appeals to do so, reveals in any manner or form any classified
information under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious
Evidence. - The penalty of twelve (12) years and one day to twenty (20) years of
imprisonment shall be imposed upon any person who knowingly furnishes false testimony,
forged document or spurious evidence in any investigation or hearing under this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to commit terrorism, the
judge shall set the continuous trial on a daily basis from Monday to Friday or other short-term
trial calendar so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the
Revised Penal Code or any Special Penal Laws. - When a person has been prosecuted
under a provision of this Act, upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and after the accused had pleaded to
the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another
prosecution for any offense or felony which is necessarily included in the offense charged
under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who
is accused of terrorism shall be entitled to the payment of damages in the amount of Five
hundred thousand pesos (P500,000.00) for every day that he or she has been detained or
deprived of liberty or arrested without a warrant as a result of such an accusation. The
amount of damages shall be automatically charged against the appropriations of the police
agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges
against the accused. It shall also be released within fifteen (15) days from the date of the
acquittal of the accused. The award of damages mentioned above shall be without prejudice
to the right of the acquitted accused to file criminal or administrative charges against those
responsible for charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the release or refuses to release the
amounts awarded to the individual acquitted of the crime of terrorism as directed in the
paragraph immediately preceding shall suffer the penalty of six months of imprisonment.
If the deductions are less than the amounts due to the detained persons, the amount needed
to complete the compensation shall be taken from the current appropriations for intelligence,
emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law
enforcement agency concerned, the amount shall be automatically included in the
appropriations of the said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and Address of the Informant. - The
police or law enforcement officers to whom the name or a suspect in the crime of terrorism
was first revealed shall record the real name and the specific address of the informant.
The police or law enforcement officials concerned shall report the informant's name and
address to their superior officer who shall transmit the information to the Congressional
Oversight Committee or to the proper court within five days after the suspect was placed
under arrest or his properties were sequestered, seized or frozen.
The name and address of the informant shall be considered confidential and shall not be
unnecessarily revealed until after the proceedings against the suspect shall have been
terminated.
SEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I of the
Revised Penal Code shall be applicable to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for
brevity, as the "Council," is hereby created. The members of the Council are: (1) the
Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall be
its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National
Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall keep
records of its proceedings and decisions. All records of the Council shall be subject to such
security classifications as the Council may, in its judgment and discretion, decide to adopt to
safeguard the safety of the people, the security of the Republic, and the welfare of the
nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The
Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the
Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed
Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police intelligence and investigative
elements shall serve as support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-
terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the
country and to protect the people from acts of terrorism. Nothing herein shall be interpreted
to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or
authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate in the previous Section, the
Council shall have the following functions with due regard for the rights of the people as
mandated by the Constitution and pertinent laws:
1. Formulate and adopt plans, programs and counter-measures against terrorists and
acts of terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the
country and mobilize the entire nation against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all persons accused or detained
for the crime of terrorism or conspiracy to commit terrorism and other offenses
punishable under this Act, and monitor the progress of their cases;
4. Establish and maintain comprehensive data-base information system on terrorism,

terrorist activities, and counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts, assets and
records belonging to a person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism, pursuant to Republic Act No. 9160, otherwise known
as the Anti-Money Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital
information leading to the apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for the crime of terrorism or
conspiracy to commit terrorism;
7. Establish and maintain coordination with and the cooperation and assistance of
other nations in the struggle against international terrorism; and
8. Request the Supreme Court to designate specific divisions of the Court of Appeals
and Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the
case may be, to handle all cases involving the crime of terrorism or conspiracy to
commit terrorism and all matters incident to said crimes. The Secretary of Justice
shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in
the Regional Trial Court in Manila; (b) from the Visayas to handle cases filed in Cebu
City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. - The Commission on Human Rights
shall give the highest priority to the investigation and prosecution of violations of civil and
political rights of persons in relation to the implementation of this Act; and for this purpose,
the Commission shall have the concurrent jurisdiction to prosecute public officials, law
enforcers, and other persons who may have violated the civil and political rights of persons
suspected of, or detained for the crime of terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. - There is hereby created a Grievance

Committee composed of the Ombudsman, as chair, and the Solicitor General, and an
undersecretary from the Department of Justice (DOJ), as members, to receive and evaluate
complaints against the actuations of the police and law enforcement officials in the
implementation of this Act. The Committee shall hold office in Manila. The Committee shall
have three subcommittees that will be respectively headed by the Deputy Ombudsmen in
Luzon, the Visayas and Mindanao. The subcommittees shall respectively hold office at the
Offices of Deputy Ombudsman. Three Assistant Solicitors General designated by the
Solicitor General, and the regional prosecutors of the DOJ assigned to the regions where the
Deputy Ombudsmen hold office shall be members thereof. The three subcommittees shall
assist the Grievance Committee in receiving, investigating and evaluating complaints against
the police and other law enforcement officers in the implementation of this Act. If the
evidence warrants it, they may file the appropriate cases against the erring police and law
enforcement officers. Unless seasonably disowned or denounced by the complainants,
decisions or judgments in the said cases shall preclude the filing of other cases based on the
same cause or causes of action as those that were filed with the Grievance Committee or its
branches.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or convicted of the crime
of terrorism shall be subjected to extraordinary rendition to any country unless his or her
testimony is needed for terrorist related police investigations or judicial trials in the said
country and unless his or her human rights, including the right against torture, and right to
counsel, are officially assured by the requesting country and transmitted accordingly and
approved by the Department of Justice.
SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of an existing
treaty of which the Philippines is a signatory and to any contrary provision of any law of
preferential application, the provisions of this Act shall apply: (1) to individual persons who
commit any of the crimes defined and punished in this Act within the terrestrial domain,
interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who,
although physically outside the territorial limits of the Philippines, commit, conspire or plot to
commit any of the crimes defined and punished in this Act inside the territorial limits of the
Philippines; (3) to individual persons who, although physically outside the territorial limits of
the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship;
(4) to individual persons who commit any of said crimes within any embassy, consulate, or
diplomatic premises belonging to or occupied by the Philippine government in an official
capacity; (5) to individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes against Philippine citizens or persons of Philippines descent,
where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to
individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.
SEC. 59. Joint Oversight Committee. - There is hereby created a Joint Oversight
Committee to oversee the implementation of this Act. The Oversight Committee shall be
composed of five members each from the Senate and the House in addition to the Chairs of
the Committees of Public Order of both Houses who shall also Chair the Oversight
Committee in the order specified herein. The membership of the Committee for every House
shall at least have two opposition or minority members. The Joint Oversight Committee shall
have its own independent counsel. The Chair of the Committee shall rotate every six months
with the Senate chairing it for the first six months and the House for the next six months. In
every case, the ranking opposition or minority member of the Committee shall be the Vice
Chair. Upon the expiration of one year after this Act is approved by the President, the
Committee shall review the Act particularly the provision that authorize the surveillance of
suspects of or persons charged with the crime of terrorism. To that end, the Committee shall
summon the police and law enforcement officers and the members of the Anti-Terrorism
Council and require them to answer questions from the members of Congress and to submit
a written report of the acts they have done in the implementation of the law including the
manner in which the persons suspected of or charged with the crime of terrorism have been
dealt with in their custody and from the date when the movements of the latter were
subjected to surveillance and his or her correspondences, messages, conversations and the
like were listened to or subjected to monitoring, recording and tapping. Without prejudice to
its submitting other reports, the Committee shall render a semiannual report to both Houses
of Congress. The report may include where necessary a recommendation to reassess the
effects of globalization on terrorist activities on the people, provide a sunset clause to or
amend any portion of the Act or to repeal the Act in its entirety. The courts dealing with anti-
terrorism cases shall submit to Congress and the President a report every six months of the
status of anti-terrorism cases that have been filed with them starting from the date this Act is
implemented.
SEC. 60. Separability Clause. - If for any reason any part or provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby
shall remain and continue to be in full force and effect.
SEC. 61. Repealing Clause. - All laws, decrees, executive orders, rules or regulations or
parts thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.
SEC. 62. Special Effectivity Clause. - After the bill shall have been signed into law by the
President, the Act shall be published in three newspapers of national circulation; three
newspapers of local circulation, one each in llocos Norte, Baguio City and Pampanga; three
newspapers of local circulation, one each in Cebu, lloilo and Tacloban; and three
newspapers of local circulation, one each in Cagayan de Oro, Davao and General Santos
city.
The title of the Act and its provisions defining the acts of terrorism that are punished shall be
aired everyday at primetime for seven days, morning, noon and night over three national
television and radio networks; three radio and television networks, one each in Cebu,
Tacloban and lloilo; and in five radio and television networks, one each in Lanao del Sur,
Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the
newspapers of local circulation and the announcements over local radio and television
networks shall be done in the dominant language of the community. After the publication
required above shall have been done, the Act shall take effect two months after the elections
are held in May 2007. Thereafter, the provisions of this Act shall be automatically suspended
one month before and two months as after the holding of any election.
Approved,
JOSE DE VENECIA JR. MANNY VILLAR

Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of Senate Bill No. 2137 and House Bill No. 4839 was finally
passed by the Senate and the House of Representatives on February 8, 2007 and February
19, 2007, respectively.
ROBERTO P. NAZARENO OSCAR G. YABES

Secretary General Secretary of Senate
House of Represenatives
Approved: MARCH 06, 2007
GLORIA MACAPAGAL-ARROYO

Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

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Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

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Republic of the Philippines

Congress of the Philippines

Republic Act No. 7610 June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION

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

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the

Section 3. Definition of Terms. –

(4) Failure to immediately give medical treatment to an injured child resulting

(1) Being in a community where there is armed conflict or being affected by

(4) Being a member of a indigenous cultural community and/or living under

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life,

(d) "Comprehensive program against child abuse, exploitation and discrimination"

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(5) Circumstances which threaten or endanger the survival and normal

Section 4. Formulation of the Program. – There shall be a comprehensive program to be

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or

(3) Taking advantage of influence or relationship to procure a child as

(4) Threatening or using violence towards a child to engage him as a

(5) Giving monetary consideration goods or other pecuniary benefit to a child

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child

(c) When a person, agency, establishment or child-caring institution recruits women

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or

(2) When a child's employment or participation in public & entertainment or

Section 14. Prohibition on the Employment of Children in Certain Advertisements. –

Section 20. Discrimination. – Children of indigenous cultural communities shall not be

Section 21. Participation. – Indigenous cultural communities, through their duly-designated

(b) Immediate free legal assistance;

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. –

(a) Offended party;

(b) Parents or guardians;

(d) Officer, social worker or representative of a licensed child-caring institution;

(f) Barangay chairman; or

Section 31. Common Penal Provisions. –

(b) When the offender is a corporation, partnership or association, the officer or

Approved: June 17, 1992. lawphi 1Ÿ

chan robles virtual law library

REPUBLIC ACT No. 10364

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

"SEC. 3. Definition of Terms. – As used in this Act:

"(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring,

"The recruitment, transportation, transfer, harboring, adoption or receipt of a

"(c) Prostitution – refers to any act, transaction, scheme or design involving

"(f) Involuntary Servitude – refers to a condition of enforced and compulsory

"(g) Sex Tourism – refers to a program organized by travel and tourism-

"(h) Sexual Exploitation – refers to participation by a person in prostitution,

"(j) Pornography – refers to any representation, through publication,

"(k) Council – shall mean the Inter-Agency Council Against Trafficking

"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,

"(b) To introduce or match for money, profit, or material, economic or other

"(c) To offer or contract marriage, real or simulated, for the purpose of

"(d) To undertake or organize tours and travel plans consisting of tourism

"(e) To maintain or hire a person to engage in prostitution or pornography;

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

"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,

"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,