REPUBLIC ACT No.

9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING

THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

TITLE I
GOVERNING PRINCIPLES

CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS

Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act of
2006." It shall cover the different stages involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.

SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building and shall promote and
protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those to which the Philippines is
a party. Proceedings before any authority shall be conducted in the best interest of the child and in a
manner which allows the child to participate and to express himself/herself freely. The participation of
children in the program and policy formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other
conditions prejudicial to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State
recognizes the right of every child alleged as, accused of, adjudged, or recognized as having
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of
dignity and worth, taking into account the child's age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with
such children without resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to
their well-being by providing for, among others, a variety of disposition measures such as care,
guidance and supervision orders, counseling, probation, foster care, education and vocational training
programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the
cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the
Muslims, consistent with the protection of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies and programs
applicable to children in conflict with the law.

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SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions of this
Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in
conflict with the law.

SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:

(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the
form of corporate security, property bond, cash deposit, or recognizance.

(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are
most congenial to the survival, protection and feelings of security of the child and most encouraging
to the child's physical, psychological and emotional development. It also means the least detrimental
available alternative for safeguarding the growth and development of the child.

(e) "Child" refers to a person under the age of eighteen (18) years.

(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to, the following:

(1) being abused by any person through sexual, physical, psychological, mental, economic
or any other means and the parents or guardian refuse, are unwilling, or unable to provide
protection for the child;

(2) being exploited including sexually or economically;

(3) being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a streetchild;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or drug abuse; and

(9) living in situations of armed conflict.

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.

(f) "Community-based Programs" refers to the programs provided in a community setting developed
for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law,
for reintegration into his/her family and/or community.

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(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial
court.

(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private custodial setting, from which the child in conflict with
the law is not permitted to leave at will by order of any judicial or administrative authority.

(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.

(j) "Diversion Program" refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court
proceedings.

(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or private citizens. It includes the time when the child
alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same
Rule in cases that do not require preliminary investigation or where there is no necessity to place the
child alleged to be in conflict with the law under immediate custody.

(I) "Intervention" refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.

(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their
normal growth and development.

(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article
152 of the Revised Penal Code, including a barangay tanod.

(0) "Offense" refers to any act or omission whether punishable under special laws or the Revised
Penal Code, as amended.

(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who
shall be responsible for the appearance in court of the child in conflict with the law, when required.

(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for
the victim; reconciliation of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public safety by activating the
offender, the victim and the community in prevention strategies.

(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts. These shall include curfew violations; truancy,
parental disobedience and the like.

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 (s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.

(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the
Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and rehabilitation services for children in
conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic environment with the end view of reintegrating
them into their families and communities as socially functioning individuals. Physical mobility of
residents of said centers may be restricted pending court disposition of the charges against them.

(u) "Victimless Crimes" refers to offenses where there is no private offended party.

CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the
following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment
being a disposition of last resort, and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a
manner which takes into account the needs of a person of his/her age. In particular, a child deprived
of liberty shall be separated from adult offenders at all times. No child shall be detained together with
adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of
his/her own case in a separate holding area. A child in conflict with the law shall have the right to
maintain contact with his/her family through correspondence and visits, save in exceptional
circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child
witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

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 (j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best
interest, the rights of the victim and the needs of society are all taken into consideration by the court,
under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of Juvenile Delinquency or the
"Riyadh Guidelines", and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.

SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years
old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any
other pertinent documents. In the absence of these documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence.
In case of doubt as to the age of the child, it shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any
appropriate court may file a case in a summary proceeding for the determination of age before the Family Court
which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all
interested parties.

If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall
exert all efforts at determining the age of the child in conflict with the law.

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 TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is
hereby created and attached to the Department of Justice and placed under its administrative supervision. The
JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. It shall
ensure the effective implementation of this Act and coordination among the following agencies:

(a) Council for the Welfare of Children (CWC);

(b) Department of Education (DepEd);

(c) Department of the Interior and Local Government (DILG);

(d) Public Attorney's Office (PAO);

(e) Bureau of Corrections (BUCOR);

(f) Parole and Probation Administration (PPA)

(g) National Bureau of Investigation (NBI);

(h) Philippine National Police (PNP);.

(i) Bureau of Jail Management and Penology (BJMP);

(i) Commission on Human Rights (CHR);

(k) Technical Education and Skills Development Authority (TESDA);

(l) National Youth Commission (NYC); and

(m) Other institutions focused on juvenile justice and intervention programs.

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be
designated by the concerned heads of the following departments or agencies:

(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);

(c) Council for the Welfare of Children (CWC)

(d) Department of Education (DepEd);

(e) Department of the Interior and Local Government (DILG)

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 (f) Commission on Human Rights (CHR);

(g) National Youth Commission (NYC); and

(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the
other to be designated by the Secretary of Social Welfare and Development.

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice and the
Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern
of the JJWC.

The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to
ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.

SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions:

(a) To oversee the implementation of this Act;

(b) To advise the President on all matters and policies relating to juvenile justice and welfare;

(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in
the formulation of new ones in line with the provisions of this Act;

(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with
the participation of government agencies concerned, NGOs and youth organizations;

(e) To coordinate the implementation of the juvenile intervention programs and activities by national
government agencies and other activities which may have an important bearing on the success of the
entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall
be adopted in consultation with the JJWC;

(f) To formulate and recommend policies and strategies in consultation with children for the
prevention of juvenile delinquency and the administration of justice, as well as for the treatment and
rehabilitation of the children in conflict with the law;

(g) To collect relevant information and conduct continuing research and support evaluations and
studies on all matters relating to juvenile justice and welfare, such as but not limited to:

(1) the performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;

(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and

(3) the particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration of juvenile
justice and welfare system.

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 The JJWC shall set up a mechanism to ensure that children are involved in research and policy
development.

(h) Through duly designated persons and with the assistance of the agencies provided in the
preceding section, to conduct regular inspections in detention and rehabilitation facilities and to
undertake spot inspections on their own initiative in order to check compliance with the standards
provided herein and to make the necessary recommendations to appropriate agencies;

(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program;

(j) To submit an annual report to the President on the implementation of this Act; and

(k) To perform such other functions as may be necessary to implement the provisions of this Act.

SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies enumerated
in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft
policies and procedures consistent with the standards set in the law. These policies and procedures shall be
modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention
program as provided under Section 9 (d).

SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human Rights
shall ensure that the status, rights and interests of children are upheld in accordance with the Constitution and
international instruments on human rights. The CHR shall strengthen the monitoring of government compliance
of all treaty obligations, including the timely and regular submission of reports before the treaty bodies, as well
as the implementation and dissemination of recommendations and conclusions by government agencies as well
as NGOs and civil society.

TITLE III
PREVENTION OF JUVENILE DELINQUENCY

CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS

SEC. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children which is
critical in delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a
child in conflict with the law shall be maintained in his/her family.

SEC. 13. The Educational System. - Educational institutions shall work together with families, community
organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration
of child in conflict with the law. Schools shall provide adequate, necessary and individualized educational
schemes for children manifesting difficult behavior and children in conflict with the law. In cases where children
in conflict with the law are taken into custody or detained in rehabilitation centers, they should be provided the
opportunity to continue learning under an alternative learning system with basic literacy program or non- formal
education accreditation equivalency system.

SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of child
rights, and delinquency prevention by relaying consistent messages through a balanced approach. Media
practitioners shall, therefore, have the duty to maintain the highest critical and professional standards in
reporting and covering cases of children in conflict with the law. In all publicity concerning children, the best
interest of the child should be the primordial and paramount concern. Any undue, inappropriate and

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sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of the
child's rights.

SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. - Local
Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where
they have already been established, they shall be strengthened within one (1) year from the effectivity of this
Act. Membership in the LCPC shall be chosen from among the responsible members of the community,
including a representative from the youth sector, as well as representatives from government and private
agencies concerned with the welfare of children.

The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the
adoption of a comprehensive plan on delinquency prevention, and to oversee its proper implementation.

One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be allocated for
the strengthening and implementation of the programs of the LCPC: Provided, That the disbursement of the
fund shall be made by the LGU concerned.

SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a duly
licensed social worker as its local social welfare and development officer tasked to assist children in conflict with
the law.

SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in
the formulation and implementation of juvenile intervention and diversion programs in the community.

CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive juvenile

intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the
provincial level.

The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in
their annual budget.

The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused
institutions, NGOs, people's organizations, educational institutions and government agencies involved in
delinquency prevention to participate in the planning process and implementation of juvenile intervention
programs. Such programs shall be implemented consistent with the national program formulated and designed
by the JJWC. The implementation of the comprehensive juvenile intervention program shall be reviewed and
assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall be submitted by
the provincial and city governments to the JJWC not later than March 30 of every year.

SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based programs on
juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and
other concerned agencies. The LGUs shall provide community-based services which respond to the special
needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to
them and their families. These programs shall consist of three levels:

(a) Primary intervention includes general measures to promote social justice and equal opportunity,
which tackle perceived root causes of offending;

(b) Secondary intervention includes measures to assist children at risk; and

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 (c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice
system and other measures to prevent re-offending.

TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken
into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has
the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence
thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development
officer who will determine the appropriate programs in consultation with the child and to the person having
custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly registered nongovernmental or religious
organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a
local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to
herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or
abused by his parents, or in the event that the parents will not comply with the prevention program, the proper
petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development
Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".

TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM

CHAPTER I
INITIAL CONTACT WITH THE CHILD

SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the
law enforcement officer shall:

(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is
being placed under custody and the offense that he/she allegedly committed;

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights
in a language or dialect understood by him/her;

(e) Properly identify himself/herself and present proper identification to the child;

(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making
sexual advances on the child in conflict with the law;

(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other methods of control have been exhausted and
have failed;

(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for
his/her apprehension;

(g) Avoid violence or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of this Act;

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 (i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to
the Social Welfare and Development Office or other accredited NGOs, and notify the child's
apprehension. The social welfare and development officer shall explain to the child and the child's
parents/guardians the consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

(j) Take the child immediately to the proper medical and health officer for a thorough physical and
mental examination. The examination results shall be kept confidential unless otherwise ordered by
the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken
to provide the same;

(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be
secured in quarters separate from that of the opposite sex and adult offenders;

(l) Record the following in the initial investigation:

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for
such;

2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of
the apprehension and the details thereof; and

3. The exhaustion of measures to determine the age of a child and the precise details of
the physical and medical examination or the failure to submit a child to such examination;
and

(m) Ensure that all statements signed by the child during investigation shall be witnessed by the
child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.

A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall
not be locked up in a detention cell.

SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be referred.

The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel
of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian,
or nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence
of the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the
investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of
the BCPC.

After the initial investigation, the local social worker conducting the same may do either of the following:

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen
(15) but below eighteen (18) years old, who acted without discernment; and

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.

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 CHAPTER 2
DIVERSION

SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment,
the law enforcement officer or Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct mediation, family conferencing and
conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with
the best interest of the child with a view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall be present in these activities.

(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the
local social welfare and development officer shall meet with the child and his/her parents or guardians
for the development of the appropriate diversion and rehabilitation program, in coordination with the
BCPC;

(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the court.

SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the Katarungang
Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels and
phases of the proceedings including judicial level.

SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo conferencing,
mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of
diversion may be entered into during such conferencing, mediation or conciliation proceedings.

SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child voluntarily
admits the commission of the act, a diversion program shall be developed when appropriate and desirable as
determined under Section 30. Such admission shall not be used against the child in any subsequent judicial,
quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by
the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the
appropriate authorities. The local social welfare and development officer shall supervise the implementation of
the diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of
prescription of the offense shall be suspended until the completion of the diversion proceedings but not to
exceed forty-five (45) days.

The child shall present himself/herself to the competent authorities that imposed the diversion program at least
once a month for reporting and evaluation of the effectiveness of the program.

Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social
welfare and development officer, shall give the offended party the option to institute the appropriate legal action.

The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but
not exceeding a period of two (2) years.

SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall under
Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong
Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over
the case or termination of the diversion proceedings, as the case may be, forward the records of the case of the

12
child to the law enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance
of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the
case shall be filed according to the regular process.

SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the
Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case of the
child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary
investigation to determine whether or not the child should remain under custody and correspondingly charged in
court. The document transmitting said records shall display the word "CHILD" in bold letters.

SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is appropriate and
desirable, the following factors shall be taken into consideration:

(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;

(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);

(d) The influence of the family and environment on the growth of the child;

(e) The reparation of injury to the victim;

(f) The weight of the evidence against the child;

(g) The safety of the community; and

(h) The best interest of the child.

SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the individual
characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an
individualized treatment.

The following factors shall be considered in formulating a diversion program for the child:

(a) The child's feelings of remorse for the offense he/she committed;

(b) The parents' or legal guardians' ability to guide and supervise the child;

(c) The victim's view about the propriety of the measures to be imposed; and

(d) The availability of community-based programs for rehabilitation and reintegration of the child.

SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate socio-cultural and
psychological responses and services for the child. At the different stages where diversion may be resorted to,
the following diversion programs may be agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

13
 (1) Restitution of property;

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology;

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child's family;

(7)Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;

(8) Participation in available community-based programs, including community service; or

(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a)and (b) above;

(2) Written or oral reprimand or citation;

(3) Fine:

(4) Payment of the cost of the proceedings; or

(5) Institutional care and custody.

CHAPTER 3
PROSECUTION

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SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct inquest,
preliminary investigation and prosecution of cases involving a child in conflict with the law. If there is an
allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the
duty of the prosecutor to investigate the same.

SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a preliminary
investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion:
(b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28;
and (c) when considering the assessment and recommendation of the social worker, the prosecutor determines
that diversion is not appropriate for the child in conflict with the law.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office
of such service, as well as the personal information, and place of detention of the child in conflict with the law.

Upon determination of probable cause by the prosecutor, the information against the child shall be filed before
the Family Court within forty-five (45) days from the start of the preliminary investigation.

CHAPTER 4
COURT PROCEEDINGS

SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of
minority shall be considered.

SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:

(a) the release of the minor on recognizance to his/her parents and other suitable person;

(b) the release of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on bail or
recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and whenever
possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive
care or placement with a family or in an educational setting or home. Institutionalization or detention of the child
pending trial shall be used only as a measure of last resort and for the shortest possible period of time.

Whenever detention is necessary, a child will always be detained in youth detention homes established by local
governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.

In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the
DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within
the jurisdiction of the court. The center or agency concerned shall be responsible for the child's appearance in
court whenever required.

SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which the
child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the
fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court
shall determine whether or not diversion is appropriate.

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SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the
time of the commission of the offense is found guilty of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted from the offense committed. However, instead of
pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended
sentence, without need of application: Provided, however, that suspension of sentence shall still be applied
even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her
guilt.

Upon suspension of sentence and after considering the various circumstances of the child, the court shall
impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict
with the Law.

SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker
who has custody of the child, the court shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and shall order the final discharge of the
child if it finds that the objective of the disposition measures have been fulfilled.

The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission
of the offense, which shall be enforced in accordance with law.

SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the
disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in
conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation
program, the child in conflict with the law shall be brought before the court for execution of judgment.

If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence,
the court shall determine whether to discharge the child in accordance with this Act, to order execution of
sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the
maximum age of twenty-one (21) years.

SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of
his/her sentence with the full time spent in actual commitment and detention under this Act.

SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of
service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in
conflict with the law from initial contact until final disposition of the case shall be considered privileged and
confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly
or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever,
except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may
be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.

The component authorities shall undertake all measures to protect this confidentiality of proceedings, including
non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in
conflict with the law and adopting a system of coding to conceal material information which will lead to the
child's identity. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases

16
involving the same offender as an adult, except when beneficial for the offender and upon his/her written
consent.

A person who has been in conflict with the law as a child shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or
recite any fact related thereto in response to any inquiry made to him/her for any purpose.

TITLE VI
REHABILITATION AND REINTEGRATION

SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and reintegration of
children in conflict with the law is to provide them with interventions, approaches and strategies that will enable
them to improve their social functioning with the end goal of reintegration to their families and as productive
members of their communities.

SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility without a
valid order issued by the court after a hearing for the purpose. The details of this order shall be immediately
entered in a register exclusively for children in conflict with the law. No child shall be admitted in any facility
where there is no such register.

SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall be mandatory that
children shall be separated from adults unless they are members of the same family. Under no other
circumstance shall a child in conflict with the law be placed in the same confinement as adults.

The rehabilitation, training or confinement area of children in conflict with the law shall provide a home
environment where children in conflict with the law can be provided with quality counseling and treatment.

SEC. 47. Female Children. - Female children in conflict with the law placed in an institution shall be given
special attention as to their personal needs and problems. They shall be handled by female doctors, correction
officers and social workers, and shall be accommodated separately from male children in conflict with the law.

SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall handle
children in conflict with the law without having undergone gender sensitivity training.

SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build youth
detention homes as mandated by the Family Courts Act. Youth detention homes may also be established by
private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.

SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses for the care and
maintenance of a child in conflict with the law under institutional care shall be borne by his/her parents or those
persons liable to support him/her: Provided, That in case his/her parents or those persons liable to support
him/her cannot pay all or part of said expenses, the municipality where the offense was committed shall pay
one-third (1/3) of said expenses or part thereof; the province to which the municipality belongs shall pay one-
third (1/3) and the remaining one-third (1/3) shall be borne by the national government. Chartered cities shall
pay two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said expenses, part of the
internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of
said obligations: Provided, further, That in the event that the child in conflict with the law is not a resident of the
municipality/city where the offense was committed, the court, upon its determination, may require the
city/municipality where the child in conflict with the law resides to shoulder the cost.

All city and provincial governments must exert effort for the immediate establishment of local detention homes
for children in conflict with the law.

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SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A
child

in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in
lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be
established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.

SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the law, whose
sentences are suspended may, upon order of the court, undergo any or a combination of disposition measures
best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in
Conflict with the Law.

If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be released to
parents, guardians, relatives or any other responsible person in the community. Under the supervision and
guidance of the local social welfare and development officer, and in coordination with his/her parents/guardian,
the child in conflict with the law shall participate in community-based programs, which shall include, but not
limited to:

(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;

(3) Community volunteer projects;

(4) Leadership training;

(5) Social services;

(6) Homelife services;

(7) Health services; .

(8) Spiritual enrichment; and

(9) Community and family welfare services.

In accordance therewith, the family of the child in conflict with the law shall endeavor to actively participate in
the community-based rehabilitation.

Based on the progress of the youth in the community, a final report will be forwarded by the local social welfare
and development officer to the court for final disposition of the case.

If the community-based programs are provided as diversion measures under Chapter II, Title V, the programs
enumerated above shall be made available to the child in conflict with the law.

SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group care,
treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a
structured therapeutic environment with the end view of reintegrating them in their families and communities as
socially functioning individuals. A quarterly report shall be submitted by the center to the proper court on the
progress of the children in conflict with the law. Based on the progress of the youth in the center, a final report

18
will be forwarded to the court for final disposition of the case. The DSWD shall establish youth rehabilitation
centers in each region of the country.

SEC. 54. Objectives of Community Based Programs. - The objectives of community-based programs are as
follows:

(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in
case he/she is studying, working or attending vocational learning institutions;

(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain
the support system fostered by their relationship and to create greater awareness of their mutual and
reciprocal responsibilities;

(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage
community support and involvement; and

(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.

SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-based programs
that will focus on the rehabilitation and reintegration of the child. All programs shall meet the criteria to be
established by the JJWC which shall take into account the purpose of the program, the need for the consent of
the child and his/her parents or legal guardians, and the participation of the child-centered agencies whether
public or private.

SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in conflict with the
law whose cases have been dismissed by the proper court because of good behavior as per recommendation
of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care
services by the local social welfare and development officer for a period of at least six (6) months. The service
includes counseling and other community-based services designed to facilitate social reintegration, prevent re-
offending and make the children productive members of the community.

TITLE VII
GENERAL PROVISIONS

CHAPTER 1
EXEMPTING PROVISIONS

SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an adult
shall not be considered an offense and shall not be punished if committed by a child.

SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt
from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619,
such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided,
That said persons shall undergo appropriate counseling and treatment program.

SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal Code, as
amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and
other special laws notwithstanding, no death penalty shall be imposed upon children in conflict with the law.

19
 CHAPTER 2
PROHIBITED ACTS

SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning from the
initial contact with the child, the competent authorities must refrain from branding or labeling children as young
criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names.
Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class
or ethnic origin.

SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the
child in conflict with the law and therefore, prohibited:

(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
solitary confinement;

(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or
forcing him/her to walk around the community wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity; and

(d) Compelling the child to perform involuntary servitude in any and all forms under any and all
instances.

CHAPTER 3
PENAL PROVISION

SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any person who
violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon
conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos (P20,000.00)
but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but
not more than ten (10) years, or both such fine and imprisonment at the discretion of the court, unless a higher
penalty is provided for in the Revised Penal Code or special laws. If the offender is a public officer or employee,
he/she shall, in addition to such fine and/or imprisonment, be held administratively liable and shall suffer the
penalty of perpetual absolute disqualification.

CHAPTER 4
APPROPRIATION PROVISION

SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be
charged to the Office of the President. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations Act.

An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be taken
from the proceeds of the Philippine Charity Sweepstakes Office.

TITLE VIII
TRANSITORY PROVISIONS

20
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this Act,
cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately
be dismissed and the child shall be referred to the appropriate local social welfare and development officer.
Such officer, upon thorough assessment of the child, shall determine whether to release the child to the custody
of his/her parents, or refer the child to prevention programs as provided under this Act. Those with suspended
sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is
contrary to the best interest of the child.

SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the Family Court shall also
determine whether or not continued detention is necessary and, if not, determine appropriate alternatives for
detention.

If detention is necessary and he/she is detained with adults, the court shall immediately order the transfer of the
child to a youth detention home.

SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. - The PNP, the BJMP
and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of this
Act, an inventory of all children in conflict with the law under their custody.

SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court
Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the
appropriate diversion authority in consultation with the local social welfare and development officer or the
Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court, as
the case may be, shall determine the appropriate disposition. In case the appropriate court executes the
judgment of conviction, and unless the child in conflict the law has already availed of probation under
Presidential Decree No. 603 or other similar laws, the child may apply for probation if qualified under the
provisions of the Probation Law.

SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who have been
convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age of
eighteen (18) years at the time the commission of the offense for which they were convicted and are serving
sentence, shall likewise benefit from the retroactive application of this Act. They shall be entitled to appropriate
dispositions provided under this Act and their sentences shall be adjusted accordingly. They shall be
immediately released if they are so qualified under this Act or other applicable law

TITLE IX
FINAL PROVISIONS

SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation of the provisions of this
act within ninety (90) days from the effectivity thereof.

SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by such
declaration shall remain in force and effect.

SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in at least two (2)
national newspapers of general circulation.

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 REPUBLIC ACT No. 10173

AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND

COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR
THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. – This Act shall be known as the "Data Privacy Act of 2012″.

Section 2. Declaration of Policy. – It is the policy of the State to protect the fundamental human right of privacy,
of communication while ensuring free flow of information to promote innovation and growth. The State
recognizes the vital role of information and communications technology in nation-building and its inherent
obligation to ensure that personal information in information and communications systems in the government
and in the private sector are secured and protected.

Section 3. Definition of Terms. – Whenever used in this Act, the following terms shall have the respective
meanings hereafter set forth:

(a) Commission shall refer to the National Privacy Commission created by virtue of this Act.

(b) Consent of the data subject refers to any freely given, specific, informed indication of will, whereby
the data subject agrees to the collection and processing of personal information about and/or relating
to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be
given on behalf of the data subject by an agent specifically authorized by the data subject to do so.

(c) Data subject refers to an individual whose personal information is processed.

(d) Direct marketing refers to communication by whatever means of any advertising or marketing
material which is directed to particular individuals.

(e) Filing system refers to any act of information relating to natural or juridical persons to the extent
that, although the information is not processed by equipment operating automatically in response to
instructions given for that purpose, the set is structured, either by reference to individuals or by
reference to criteria relating to individuals, in such a way that specific information relating to a
particular person is readily accessible.

(f) Information and Communications System refers to a system for generating, sending, receiving,
storing or otherwise processing electronic data messages or electronic documents and includes the
computer system or other similar device by or which data is recorded, transmitted or stored and any
procedure related to the recording, transmission or storage of electronic data, electronic message, or
electronic document.

(g) Personal information refers to any information whether recorded in a material form or not, from
which the identity of an individual is apparent or can be reasonably and directly ascertained by the
entity holding the information, or when put together with other information would directly and certainly
identify an individual.

(h) Personal information controller refers to a person or organization who controls the collection,
holding, processing or use of personal information, including a person or organization who instructs

22
 another person or organization to collect, hold, process, use, transfer or disclose personal information
on his or her behalf. The term excludes:

(1) A person or organization who performs such functions as instructed by another person
or organization; and

(2) An individual who collects, holds, processes or uses personal information in connection
with the individual’s personal, family or household affairs.

(i) Personal information processor refers to any natural or juridical person qualified to act as such
under this Act to whom a personal information controller may outsource the processing of personal
data pertaining to a data subject.

(j) Processing refers to any operation or any set of operations performed upon personal information
including, but not limited to, the collection, recording, organization, storage, updating or modification,
retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

(k) Privileged information refers to any and all forms of data which under the Rides of Court and other
pertinent laws constitute privileged communication.

(l) Sensitive personal information refers to personal information:

(1) About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;

(2) About an individual’s health, education, genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged to have been committed by such person,
the disposal of such proceedings, or the sentence of any court in such proceedings;

(3) Issued by government agencies peculiar to an individual which includes, but not limited
to, social security numbers, previous or cm-rent health records, licenses or its denials,
suspension or revocation, and tax returns; and

(4) Specifically established by an executive order or an act of Congress to be kept

classified.

Section 4. Scope. – This Act applies to the processing of all types of personal information and to any natural
and juridical person involved in personal information processing including those personal information controllers
and processors who, although not found or established in the Philippines, use equipment that are located in the
Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately
succeeding paragraph: Provided, That the requirements of Section 5 are complied with.

This Act does not apply to the following:

(a) Information about any individual who is or was an officer or employee of a government institution
that relates to the position or functions of the individual, including:

(1) The fact that the individual is or was an officer or employee of the government
institution;

23
 (2) The title, business address and office telephone number of the individual;

(3) The classification, salary range and responsibilities of the position held by the individual;
and

(4) The name of the individual on a document prepared by the individual in the course of
employment with the government;

(b) Information about an individual who is or was performing service under contract for a government
institution that relates to the services performed, including the terms of the contract, and the name of
the individual given in the course of the performance of those services;

(c) Information relating to any discretionary benefit of a financial nature such as the granting of a
license or permit given by the government to an individual, including the name of the individual and
the exact nature of the benefit;

(d) Personal information processed for journalistic, artistic, literary or research purposes;

(e) Information necessary in order to carry out the functions of public authority which includes the
processing of personal data for the performance by the independent, central monetary authority and
law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions.
Nothing in this Act shall be construed as to have amended or repealed Republic Act No. 1405,
otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as
the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known as the Credit
Information System Act (CISA);

(f) Information necessary for banks and other financial institutions under the jurisdiction of the
independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic Act
No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering
Act and other applicable laws; and

(g) Personal information originally collected from residents of foreign jurisdictions in accordance with
the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being
processed in the Philippines.

Section 5. Protection Afforded to Journalists and Their Sources. – Nothing in this Act shall be construed as to
have amended or repealed the provisions of Republic Act No. 53, which affords the publishers, editors or duly
accredited reporters of any newspaper, magazine or periodical of general circulation protection from being
compelled to reveal the source of any news report or information appearing in said publication which was
related in any confidence to such publisher, editor, or reporter.

Section 6. Extraterritorial Application. – This Act applies to an act done or practice engaged in and outside of
the Philippines by an entity if:

(a) The act, practice or processing relates to personal information about a Philippine citizen or a
resident;

(b) The entity has a link with the Philippines, and the entity is processing personal information in the
Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens
or residents such as, but not limited to, the following:

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 (1) A contract is entered in the Philippines;

(2) A juridical entity unincorporated in the Philippines but has central management and
control in the country; and

(3) An entity that has a branch, agency, office or subsidiary in the Philippines and the
parent or affiliate of the Philippine entity has access to personal information; and

(c) The entity has other links in the Philippines such as, but not limited to:

(1) The entity carries on business in the Philippines; and

(2) The personal information was collected or held by an entity in the Philippines.

CHAPTER II
THE NATIONAL PRIVACY COMMISSION

Section 7. Functions of the National Privacy Commission. – To administer and implement the provisions of this
Act, and to monitor and ensure compliance of the country with international standards set for data protection,
there is hereby created an independent body to be known as the National Privacy Commission, winch shall
have the following functions:

(a) Ensure compliance of personal information controllers with the provisions of this Act;

(b) Receive complaints, institute investigations, facilitate or enable settlement of complaints through
the use of alternative dispute resolution processes, adjudicate, award indemnity on matters affecting
any personal information, prepare reports on disposition of complaints and resolution of any
investigation it initiates, and, in cases it deems appropriate, publicize any such report: Provided, That
in resolving any complaint or investigation (except where amicable settlement is reached by the
parties), the Commission shall act as a collegial body. For this purpose, the Commission may be
given access to personal information that is subject of any complaint and to collect the information
necessary to perform its functions under this Act;

(c) Issue cease and desist orders, impose a temporary or permanent ban on the processing of
personal information, upon finding that the processing will be detrimental to national security and
public interest;

(d) Compel or petition any entity, government agency or instrumentality to abide by its orders or take
action on a matter affecting data privacy;

(e) Monitor the compliance of other government agencies or instrumentalities on their security and
technical measures and recommend the necessary action in order to meet minimum standards for
protection of personal information pursuant to this Act;

(f) Coordinate with other government agencies and the private sector on efforts to formulate and
implement plans and policies to strengthen the protection of personal information in the country;

(g) Publish on a regular basis a guide to all laws relating to data protection;

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 (h) Publish a compilation of agency system of records and notices, including index and other finding
aids;

(i) Recommend to the Department of Justice (DOJ) the prosecution and imposition of penalties
specified in Sections 25 to 29 of this Act;

(j) Review, approve, reject or require modification of privacy codes voluntarily adhered to by personal
information controllers: Provided, That the privacy codes shall adhere to the underlying data privacy
principles embodied in this Act: Provided, further, That such privacy codes may include private
dispute resolution mechanisms for complaints against any participating personal information
controller. For this purpose, the Commission shall consult with relevant regulatory agencies in the
formulation and administration of privacy codes applying the standards set out in this Act, with
respect to the persons, entities, business activities and business sectors that said regulatory bodies
are authorized to principally regulate pursuant to the law: Provided, finally. That the Commission may
review such privacy codes and require changes thereto for purposes of complying with this Act;

(k) Provide assistance on matters relating to privacy or data protection at the request of a national or
local agency, a private entity or any person;

(l) Comment on the implication on data privacy of proposed national or local statutes, regulations or
procedures, issue advisory opinions and interpret the provisions of this Act and other data privacy
laws;

(m) Propose legislation, amendments or modifications to Philippine laws on privacy or data protection
as may be necessary;

(n) Ensure proper and effective coordination with data privacy regulators in other countries and
private accountability agents, participate in international and regional initiatives for data privacy
protection;

(o) Negotiate and contract with other data privacy authorities of other countries for cross-border
application and implementation of respective privacy laws;

(p) Assist Philippine companies doing business abroad to respond to foreign privacy or data
protection laws and regulations; and

(q) Generally perform such acts as may be necessary to facilitate cross-border enforcement of data
privacy protection.

Section 8. Confidentiality. – The Commission shall ensure at all times the confidentiality of any personal
information that comes to its knowledge and possession.

Section 9. Organizational Structure of the Commission. – The Commission shall be attached to the Department
of Information and Communications Technology (DICT) and shall be headed by a Privacy Commissioner, who
shall also act as Chairman of the Commission. The Privacy Commissioner shall be assisted by two (2) Deputy
Privacy Commissioners, one to be responsible for Data Processing Systems and one to be responsible for
Policies and Planning. The Privacy Commissioner and the two (2) Deputy Privacy Commissioners shall be
appointed by the President of the Philippines for a term of three (3) years, and may be reappointed for another
term of three (3) years. Vacancies in the Commission shall be filled in the same manner in which the original
appointment was made.

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The Privacy Commissioner must be at least thirty-five (35) years of age and of good moral character,
unquestionable integrity and known probity, and a recognized expert in the field of information technology and
data privacy. The Privacy Commissioner shall enjoy the benefits, privileges and emoluments equivalent to the
rank of Secretary.

The Deputy Privacy Commissioners must be recognized experts in the field of information and communications
technology and data privacy. They shall enjoy the benefits, privileges and emoluments equivalent to the rank of
Undersecretary.

The Privacy Commissioner, the Deputy Commissioners, or any person acting on their behalf or under their
direction, shall not be civilly liable for acts done in good faith in the performance of their duties. However, he or
she shall be liable for willful or negligent acts done by him or her which are contrary to law, morals, public policy
and good customs even if he or she acted under orders or instructions of superiors: Provided, That in case a
lawsuit is filed against such official on the subject of the performance of his or her duties, where such
performance is lawful, he or she shall be reimbursed by the Commission for reasonable costs of litigation.

Section 10. The Secretariat. – The Commission is hereby authorized to establish a Secretariat. Majority of the
members of the Secretariat must have served for at least five (5) years in any agency of the government that is
involved in the processing of personal information including, but not limited to, the following offices: Social
Security System (SSS), Government Service Insurance System (GSIS), Land Transportation Office (LTO),
Bureau of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), Commission on
Elections (COMELEC), Department of Foreign Affairs (DFA), Department of Justice (DOJ), and Philippine
Postal Corporation (Philpost).

CHAPTER III
PROCESSING OF PERSONAL INFORMATION

Section 11. General Data Privacy Principles. – The processing of personal information shall be allowed,
subject to compliance with the requirements of this Act and other laws allowing disclosure of information to the
public and adherence to the principles of transparency, legitimate purpose and proportionality.

Personal information must, be:

(a) Collected for specified and legitimate purposes determined and declared before, or as soon as
reasonably practicable after collection, and later processed in a way compatible with such declared,
specified and legitimate purposes only;

(b) Processed fairly and lawfully;

(c) Accurate, relevant and, where necessary for purposes for which it is to be used the processing of
personal information, kept up to date; inaccurate or incomplete data must be rectified, supplemented,
destroyed or their further processing restricted;

(d) Adequate and not excessive in relation to the purposes for which they are collected and
processed;

(e) Retained only for as long as necessary for the fulfillment of the purposes for which the data was
obtained or for the establishment, exercise or defense of legal claims, or for legitimate business
purposes, or as provided by law; and

(f) Kept in a form which permits identification of data subjects for no longer than is necessary for the
purposes for which the data were collected and processed: Provided, That personal information

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 collected for other purposes may lie processed for historical, statistical or scientific purposes, and in
cases laid down in law may be stored for longer periods: Provided, further, That adequate safeguards
are guaranteed by said laws authorizing their processing.

The personal information controller must ensure implementation of personal information processing principles
set out herein.

Section 12. Criteria for Lawful Processing of Personal Information. – The processing of personal information
shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions
exists:

(a) The data subject has given his or her consent;

(b) The processing of personal information is necessary and is related to the fulfillment of a contract
with the data subject or in order to take steps at the request of the data subject prior to entering into a
contract;

(c) The processing is necessary for compliance with a legal obligation to which the personal
information controller is subject;

(d) The processing is necessary to protect vitally important interests of the data subject, including life
and health;

(e) The processing is necessary in order to respond to national emergency, to comply with the
requirements of public order and safety, or to fulfill functions of public authority which necessarily
includes the processing of personal data for the fulfillment of its mandate; or

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

Section 13. Sensitive Personal Information and Privileged Information. – The processing of sensitive personal
information and privileged information shall be prohibited, except in the following cases:

(a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in
the case of privileged information, all parties to the exchange have given their consent prior to
processing;

(b) The processing of the same is provided for by existing laws and regulations: Provided, That such
regulatory enactments guarantee the protection of the sensitive personal information and the
privileged information: Provided, further, That the consent of the data subjects are not required by law
or regulation permitting the processing of the sensitive personal information or the privileged
information;

(c) The processing is necessary to protect the life and health of the data subject or another person,
and the data subject is not legally or physically able to express his or her consent prior to the
processing;

(d) The processing is necessary to achieve the lawful and noncommercial objectives of public
organizations and their associations: Provided, That such processing is only confined and related to

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 the bona fide members of these organizations or their associations: Provided, further, That the
sensitive personal information are not transferred to third parties: Provided, finally, That consent of
the data subject was obtained prior to processing;

(e) The processing is necessary for purposes of medical treatment, is carried out by a medical
practitioner or a medical treatment institution, and an adequate level of protection of personal
information is ensured; or

(f) The processing concerns such personal information as is necessary for the protection of lawful
rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or
defense of legal claims, or when provided to government or public authority.

Section 14. Subcontract of Personal Information. – A personal information controller may subcontract the
processing of personal information: Provided, That the personal information controller shall be responsible for
ensuring that proper safeguards are in place to ensure the confidentiality of the personal information processed,
prevent its use for unauthorized purposes, and generally, comply with the requirements of this Act and other
laws for processing of personal information. The personal information processor shall comply with all the
requirements of this Act and other applicable laws.

Section 15. Extension of Privileged Communication. – Personal information controllers may invoke the
principle of privileged communication over privileged information that they lawfully control or process. Subject to
existing laws and regulations, any evidence gathered on privileged information is inadmissible.

CHAPTER IV
RIGHTS OF THE DATA SUBJECT

Section 16. Rights of the Data Subject. – The data subject is entitled to:

(a) Be informed whether personal information pertaining to him or her shall be, are being or have
been processed;

(b) Be furnished the information indicated hereunder before the entry of his or her personal
information into the processing system of the personal information controller, or at the next practical
opportunity:

(1) Description of the personal information to be entered into the system;

(2) Purposes for which they are being or are to be processed;

(3) Scope and method of the personal information processing;

(4) The recipients or classes of recipients to whom they are or may be disclosed;

(5) Methods utilized for automated access, if the same is allowed by the data subject, and
the extent to which such access is authorized;

(6) The identity and contact details of the personal information controller or its
representative;

(7) The period for which the information will be stored; and

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 (8) The existence of their rights, i.e., to access, correction, as well as the right to lodge a
complaint before the Commission.

Any information supplied or declaration made to the data subject on these matters shall not be
amended without prior notification of data subject: Provided, That the notification under subsection
(b) shall not apply should the personal information be needed pursuant to a subpoena or when the
collection and processing are for obvious purposes, including when it is necessary for the
performance of or in relation to a contract or service or when necessary or desirable in the context of
an employer-employee relationship, between the collector and the data subject, or when the
information is being collected and processed as a result of legal obligation;

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

(1) Contents of his or her personal information that were processed;

(2) Sources from which personal information were obtained;

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

(4) Manner by which such data were processed;

(5) Reasons for the disclosure of the personal information to recipients;

(6) Information on automated processes where the data will or likely to be made as the sole
basis for any decision significantly affecting or will affect the data subject;

(7) Date when his or her personal information concerning the data subject were last
accessed and modified; and

(8) The designation, or name or identity and address of the personal information controller;

(d) Dispute the inaccuracy or error in the personal information and have the personal information
controller correct it immediately and accordingly, unless the request is vexatious or otherwise
unreasonable. If the personal information have been corrected, the personal information controller
shall ensure the accessibility of both the new and the retracted information and the simultaneous
receipt of the new and the retracted information by recipients thereof: Provided, That the third parties
who have previously received such processed personal information shall he informed of its
inaccuracy and its rectification upon reasonable request of the data subject;

(e) Suspend, withdraw or order the blocking, removal or destruction of his or her personal information
from the personal information controller’s filing system upon discovery and substantial proof that the
personal information are incomplete, outdated, false, unlawfully obtained, used for unauthorized
purposes or are no longer necessary for the purposes for which they were collected. In this case, the
personal information controller may notify third parties who have previously received such processed
personal information; and

(f) Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false,
unlawfully obtained or unauthorized use of personal information.

Section 17. Transmissibility of Rights of the Data Subject. – The lawful heirs and assigns of the data subject
may invoke the rights of the data subject for, which he or she is an heir or assignee at any time after the death

30
of the data subject or when the data subject is incapacitated or incapable of exercising the rights as enumerated
in the immediately preceding section.

Section 18. Right to Data Portability. – The data subject shall have the right, where personal information is
processed by electronic means and in a structured and commonly used format, to obtain from the personal
information controller a copy of data undergoing processing in an electronic or structured format, which is
commonly used and allows for further use by the data subject. The Commission may specify the electronic
format referred to above, as well as the technical standards, modalities and procedures for their transfer.

Section 19. Non-Applicability. – The immediately preceding sections are not applicable if the processed
personal information are used only for the needs of scientific and statistical research and, on the basis of such,
no activities are carried out and no decisions are taken regarding the data subject: Provided, That the personal
information shall be held under strict confidentiality and shall be used only for the declared purpose. Likewise,
the immediately preceding sections are not applicable to processing of personal information gathered for the
purpose of investigations in relation to any criminal, administrative or tax liabilities of a data subject.

CHAPTER V
SECURITY OF PERSONAL INFORMATION

Section 20. Security of Personal Information. – (a) The personal information controller must implement
reasonable and appropriate organizational, physical and technical measures intended for the protection of
personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against
any other unlawful processing.

(b) The personal information controller shall implement reasonable and appropriate measures to protect
personal information against natural dangers such as accidental loss or destruction, and human dangers such
as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

(c) The determination of the appropriate level of security under this section must take into account the nature of
the personal information to be protected, the risks represented by the processing, the size of the organization
and complexity of its operations, current data privacy best practices and the cost of security implementation.
Subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

(1) Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or
interference with or hindering of their functioning or availability;

(2) A security policy with respect to the processing of personal information;

(3) A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer
networks, and for taking preventive, corrective and mitigating action against security incidents that
can lead to a security breach; and

(4) Regular monitoring for security breaches and a process for taking preventive, corrective and
mitigating action against security incidents that can lead to a security breach.

(d) The personal information controller must further ensure that third parties processing personal information on
its behalf shall implement the security measures required by this provision.

(e) The employees, agents or representatives of a personal information controller who are involved in the
processing of personal information shall operate and hold personal information under strict confidentiality if the
personal information are not intended for public disclosure. This obligation shall continue even after leaving the
public service, transfer to another position or upon termination of employment or contractual relations.

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(f) The personal information controller shall promptly notify the Commission and affected data subjects when
sensitive personal information or other information that may, under the circumstances, be used to enable
identity fraud are reasonably believed to have been acquired by an unauthorized person, and the personal
information controller or the Commission believes (bat such unauthorized acquisition is likely to give rise to a
real risk of serious harm to any affected data subject. The notification shall at least describe the nature of the
breach, the sensitive personal information possibly involved, and the measures taken by the entity to address
the breach. Notification may be delayed only to the extent necessary to determine the scope of the breach, to
prevent further disclosures, or to restore reasonable integrity to the information and communications system.

(1) In evaluating if notification is unwarranted, the Commission may take into account compliance by
the personal information controller with this section and existence of good faith in the acquisition of
personal information.

(2) The Commission may exempt a personal information controller from notification where, in its
reasonable judgment, such notification would not be in the public interest or in the interests of the
affected data subjects.

(3) The Commission may authorize postponement of notification where it may hinder the progress of
a criminal investigation related to a serious breach.

CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL INFORMATION

Section 21. Principle of Accountability. – Each personal information controller is responsible for personal
information under its control or custody, including information that have been transferred to a third party for
processing, whether domestically or internationally, subject to cross-border arrangement and cooperation.

(a) The personal information controller is accountable for complying with the requirements of this Act
and shall use contractual or other reasonable means to provide a comparable level of protection while
the information are being processed by a third party.

(b) The personal information controller shall designate an individual or individuals who are
accountable for the organization’s compliance with this Act. The identity of the individual(s) so
designated shall be made known to any data subject upon request.

CHAPTER VII
SECURITY OF SENSITIVE PERSONAL
INFORMATION IN GOVERNMENT

Section 22. Responsibility of Heads of Agencies. – All sensitive personal information maintained by the
government, its agencies and instrumentalities shall be secured, as far as practicable, with the use of the most
appropriate standard recognized by the information and communications technology industry, and as
recommended by the Commission. The head of each government agency or instrumentality shall be
responsible for complying with the security requirements mentioned herein while the Commission shall monitor
the compliance and may recommend the necessary action in order to satisfy the minimum standards.

Section 23. Requirements Relating to Access by Agency Personnel to Sensitive Personal Information. – (a)
On-site and Online Access – Except as may be allowed through guidelines to be issued by the Commission, no
employee of the government shall have access to sensitive personal information on government property or
through online facilities unless the employee has received a security clearance from the head of the source
agency.

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(b) Off-site Access – Unless otherwise provided in guidelines to be issued by the Commission, sensitive
personal information maintained by an agency may not be transported or accessed from a location off
government property unless a request for such transportation or access is submitted and approved by the head
of the agency in accordance with the following guidelines:

(1) Deadline for Approval or Disapproval – In the case of any request submitted to the head of an
agency, such head of the agency shall approve or disapprove the request within two (2) business
days after the date of submission of the request. In case there is no action by the head of the agency,
then such request is considered disapproved;

(2) Limitation to One thousand (1,000) Records – If a request is approved, the head of the agency
shall limit the access to not more than one thousand (1,000) records at a time; and

(3) Encryption – Any technology used to store, transport or access sensitive personal information for
purposes of off-site access approved under this subsection shall be secured by the use of the most
secure encryption standard recognized by the Commission.

The requirements of this subsection shall be implemented not later than six (6) months after the date of the
enactment of this Act.

Section 24. Applicability to Government Contractors. – In entering into any contract that may involve accessing
or requiring sensitive personal information from one thousand (1,000) or more individuals, an agency shall
require a contractor and its employees to register their personal information processing system with the
Commission in accordance with this Act and to comply with the other provisions of this Act including the
immediately preceding section, in the same manner as agencies and government employees comply with such
requirements.

CHAPTER VIII
PENALTIES

Section 25. Unauthorized Processing of Personal Information and Sensitive Personal Information. – (a) The
unauthorized processing of personal information shall be penalized by imprisonment ranging from one (1) year
to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on persons who process personal information without
the consent of the data subject, or without being authorized under this Act or any existing law.

(b) The unauthorized processing of personal sensitive information shall be penalized by imprisonment ranging
from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed on persons who process personal
information without the consent of the data subject, or without being authorized under this Act or any existing
law.

Section 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence. – (a)
Accessing personal information due to negligence shall be penalized by imprisonment ranging from one (1)
year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00) shall be imposed on persons who, due to negligence, provided
access to personal information without being authorized under this Act or any existing law.

(b) Accessing sensitive personal information due to negligence shall be penalized by imprisonment ranging
from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed on persons who, due to negligence,
provided access to personal information without being authorized under this Act or any existing law.

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Section 27. Improper Disposal of Personal Information and Sensitive Personal Information. – (a) The improper
disposal of personal information shall be penalized by imprisonment ranging from six (6) months to two (2)
years and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than Five
hundred thousand pesos (Php500,000.00) shall be imposed on persons who knowingly or negligently dispose,
discard or abandon the personal information of an individual in an area accessible to the public or has otherwise
placed the personal information of an individual in its container for trash collection.

b) The improper disposal of sensitive personal information shall be penalized by imprisonment ranging from one
(1) year to three (3) years and a fine of not less than One hundred thousand pesos (Php100,000.00) but not
more than One million pesos (Php1,000,000.00) shall be imposed on persons who knowingly or negligently
dispose, discard or abandon the personal information of an individual in an area accessible to the public or has
otherwise placed the personal information of an individual in its container for trash collection.

Section 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes.
– The processing of personal information for unauthorized purposes shall be penalized by imprisonment
ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed on persons
processing personal information for purposes not authorized by the data subject, or otherwise authorized under
this Act or under existing laws.

The processing of sensitive personal information for unauthorized purposes shall be penalized by imprisonment
ranging from two (2) years to seven (7) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons
processing sensitive personal information for purposes not authorized by the data subject, or otherwise
authorized under this Act or under existing laws.

Section 29. Unauthorized Access or Intentional Breach. – The penalty of imprisonment ranging from one (1)
year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00) shall be imposed on persons who knowingly and unlawfully, or
violating data confidentiality and security data systems, breaks in any way into any system where personal and
sensitive personal information is stored.

Section 30. Concealment of Security Breaches Involving Sensitive Personal Information. – The penalty of
imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed on
persons who, after having knowledge of a security breach and of the obligation to notify the Commission
pursuant to Section 20(f), intentionally or by omission conceals the fact of such security breach.

Section 31. Malicious Disclosure. – Any personal information controller or personal information processor or
any of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false
information relative to any personal information or personal sensitive information obtained by him or her, shall
be subject to imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).

Section 32. Unauthorized Disclosure. – (a) Any personal information controller or personal information
processor or any of its officials, employees or agents, who discloses to a third party personal information not
covered by the immediately preceding section without the consent of the data subject, shall he subject to
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).

(b) Any personal information controller or personal information processor or any of its officials, employees or
agents, who discloses to a third party sensitive personal information not covered by the immediately preceding
section without the consent of the data subject, shall be subject to imprisonment ranging from three (3) years to

34
five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two
million pesos (Php2,000,000.00).

Section 33. Combination or Series of Acts. – Any combination or series of acts as defined in Sections 25 to 32
shall make the person subject to imprisonment ranging from three (3) years to six (6) years and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00).

Section 34. Extent of Liability. – If the offender is a corporation, partnership or any juridical person, the penalty
shall be imposed upon the responsible officers, as the case may be, who participated in, or by their gross
negligence, allowed the commission of the crime. If the offender is a juridical person, the court may suspend or
revoke any of its rights under this Act. If the offender is an alien, he or she shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving the penalties prescribed. If the offender
is a public official or employee and lie or she is found guilty of acts penalized under Sections 27 and 28 of this
Act, he or she shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.

Section 35. Large-Scale. – The maximum penalty in the scale of penalties respectively provided for the
preceding offenses shall be imposed when the personal information of at least one hundred (100) persons is
harmed, affected or involved as the result of the above mentioned actions.

Section 36. Offense Committed by Public Officer. – When the offender or the person responsible for the
offense is a public officer as defined in the Administrative Code of the Philippines in the exercise of his or her
duties, an accessory penalty consisting in the disqualification to occupy public office for a term double the term
of criminal penalty imposed shall he applied.

Section 37. Restitution. – Restitution for any aggrieved party shall be governed by the provisions of the New
Civil Code.

CHAPTER IX
MISCELLANEOUS PROVISIONS

Section 38. Interpretation. – Any doubt in the interpretation of any provision of this Act shall be liberally
interpreted in a manner mindful of the rights and interests of the individual about whom personal information is
processed.

Section 39. Implementing Rules and Regulations (IRR). – Within ninety (90) days from the effectivity of this
Act, the Commission shall promulgate the rules and regulations to effectively implement the provisions of this
Act.

Section 40. Reports and Information. – The Commission shall annually report to the President and Congress
on its activities in carrying out the provisions of this Act. The Commission shall undertake whatever efforts it
may determine to be necessary or appropriate to inform and educate the public of data privacy, data protection
and fair information rights and responsibilities.

Section 41. Appropriations Clause. – The Commission shall be provided with an initial appropriation of Twenty
million pesos (Php20,000,000.00) to be drawn from the national government. Appropriations for the succeeding
years shall be included in the General Appropriations Act. It shall likewise receive Ten million pesos
(Php10,000,000.00) per year for five (5) years upon implementation of this Act drawn from the national
government.

35
Section 42. Transitory Provision. – Existing industries, businesses and offices affected by the implementation
of this Act shall be given one (1) year transitory period from the effectivity of the IRR or such other period as
may be determined by the Commission, to comply with the requirements of this Act.

In case that the DICT has not yet been created by the time the law takes full force and effect, the National
Privacy Commission shall be attached to the Office of the President.

Section 43. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Section 44. Repealing Clause. – The provision of Section 7 of Republic Act No. 9372, otherwise known as the
"Human Security Act of 2007″, is hereby amended. Except as otherwise expressly provided in this Act, all other
laws, decrees, executive orders, proclamations and administrative regulations or parts thereof inconsistent
herewith are hereby repealed or modified accordingly.

Section 45. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two
(2) national newspapers of general circulation.

REPUBLIC ACT No. 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,

SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

CHAPTER I
PRELIMINARY PROVISIONS

Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.

Section 2. Declaration of Policy. — The State recognizes the vital role of information and communications
industries such as content production, telecommunications, broadcasting electronic commerce, and data
processing, in the nation’s overall social and economic development. The State also recognizes the importance
of providing an environment conducive to the development, acceleration, and rational application and
exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to
exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer,
computer and communications systems, networks, and databases, and the confidentiality, integrity, and
availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to
effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at
both the domestic and international levels, and by providing arrangements for fast and reliable international
cooperation.

Section 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:

(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or
otherwise making use of any resources of a computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data
or program.

36
(c) Communication refers to the transmission of information through ICT media, including voice, video
and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or
communications device, or grouping of such devices, capable of performing logical, arithmetic,
routing, or storage functions and which includes any storage facility or equipment or communications
facility or equipment directly related to or operating in conjunction with such device. It covers any type
of computer device including devices with data processing capabilities like mobile phones, smart
phones, computer networks and other devices connected to the internet.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for
processing in a computer system including a program suitable to cause a computer system to
perform a function and includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended
results.

(g) Computer system refers to any device or group of interconnected or related devices, one or more
of which, pursuant to a program, performs automated processing of data. It covers any type of device
with data processing capabilities including, but not limited to, computers and mobile phones. The
device consisting of hardware and software may include input, output and storage components which
may stand alone or be connected in a network or other similar devices. It also includes computer data
storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant
principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual,
and/or the computer programs, computer data and/or traffic data so vital to this country that the
incapacity or destruction of or interference with such system and assets would have a debilitating
impact on security, national or economic security, national public health and safety, or any
combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions,
training, best practices, assurance and technologies that can be used to protect the cyber
environment and organization and user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions

which are being prepared, processed or stored or have been prepared, processed or stored in a
formalized manner and which are intended for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or surveillance of the content of
communications, including procuring of the content of data, either directly, through access and use of
a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at
the same time that the communication is occurring.

(n) Service provider refers to:

37
 (1) Any public or private entity that provides to users of its service the ability to
communicate by means of a computer system; and

(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.

(o) Subscriber’s information refers to any information contained in the form of computer data or any
other form that is held by a service provider, relating to subscribers of its services other than traffic or
content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the
period of service;

(2) The subscriber’s identity, postal or geographic address, telephone and other access
numbers, any assigned network address, billing and payment information, available on the
basis of the service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the
communication including, but not limited to, the communication’s origin, destination, route, time, date,
size, duration, or type of underlying service.

CHAPTER II
PUNISHABLE ACTS

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under
this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without
right.

(2) Illegal Interception. – The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message, without
right, including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference

with the functioning of a computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or authority, including the
introduction or transmission of viruses.

(5) Misuse of Devices.

38
 (i) The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:

(aa) A device, including a computer program, designed or adapted

primarily for the purpose of committing any of the offenses under this
Act; or

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

whole or any part of a computer system is capable of being accessed
with intent that it be used for the purpose of committing any of the
offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above

with intent to use said devices for the purpose of committing any of the offenses
under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if such a
domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered

with the appropriate government agency at the time of the domain name
registration:

(ii) Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or not the data is directly
readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent or
dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer

data or program or interference in the functioning of a computer system, causing damage
thereby with fraudulent intent: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another, whether

39
 natural or juridical, without right: Provided, That if no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

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

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to be imposed shall be (1) one degree higher
than that provided for in Republic Act No. 9775. 1âwphi1

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic

communication with the use of computer system which seek to advertise, sell, or offer for
sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers;
or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple,

valid, and reliable way for the recipient to reject. receipt of further
commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely

disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely

include misleading information in any part of the message in order to
induce the recipients to read the message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar
means which may be devised in the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in
the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of
the offenses enumerated in this Act shall be held liable.

40
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if
committed by, through and with the use of information and communications technologies shall be covered by
the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than
that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability
for violation of any provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and
4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand
pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of
prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion
temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be
punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be
punished with the penalties as enumerated in Republic Act No. 9775 or the "Anti-Child Pornography Act of
2009″: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in
Republic Act No. 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with
imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with
imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One
hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or
both.

Section 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on
behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an
organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the
juridical person provided the act committed falls within the scope of such authority; (b) an authority to take
decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such
authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million
pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision
or control by a natural person referred to and described in the preceding paragraph, for the benefit of that
juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine

41
equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos
(PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural
person who has committed the offense.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

Section 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the Philippine
National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of
this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to
exclusively handle cases involving violations of this Act.

Section 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its
prevention is given focus and considering the procedures involved for international cooperation, law
enforcement authorities specifically the computer or technology crime divisions or units responsible for the
investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-
operation and investigation results and such other documents as may be required to the Department of Justice
(DOJ) for review and monitoring.

Section 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be
authorized to collect or record by technical or electronic means traffic data in real-time associated with specified
communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of
underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording
of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the
examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1)
that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been
committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe
that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the
prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such
evidence.

Section 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to
communication services provided by a service provider shall be preserved for a minimum period of six (6)
months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the
date of receipt of the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once
computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere
furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed
a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

42
Section 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall
issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic
data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in
relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary
and relevant for the purpose of investigation.

Section 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is
properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed computer or computer and
communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the
functioning of the computer system and the measures to protect and preserve the computer data therein to
provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and
examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer
data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from
date of approval by the court.

Section 16. Custody of Computer Data. — All computer data, including content and traffic data, examined
under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be
deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement
authority executing it stating the dates and times covered by the examination, and the law enforcement
authority who may access the deposit, among other relevant data. The law enforcement authority shall also
certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such
duplicates or copies are included in the package deposited with the court. The package so deposited shall not
be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the
court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person
or persons whose conversation or communications have been recorded.

Section 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and
15, service providers and law enforcement authorities, as the case may be, shall immediately and completely
destroy the computer data subject of a preservation and examination.

Section 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the
same shall be inadmissible for any proceeding before any court or tribunal.

43
Section 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to
be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such
computer data.

Section 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the
orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with
imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos
(Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement
authorities.

CHAPTER V
JURISDICTION

Section 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions
of this Act. including any violation committed by a Filipino national regardless of the place of commission.
Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of
any computer system wholly or partly situated in the country, or when by such commission any damage is
caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime
cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Section 22. General Principles Relating to International Cooperation. — All relevant international instruments
on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal
legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings
concerning criminal offenses related to computer systems and data, or for the collection of evidence in
electronic form of a criminal, offense shall be given full force and effect.

CHAPTER VII
COMPETENT AUTHORITIES

Section 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ
designated as the central authority in all matters related to international mutual assistance and extradition.

Section 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty (30)
days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy
coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity
plan.

Section 25. Composition. — The CICC shall be headed by the Executive Director of the Information and
Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as
Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of
Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be
manned by a secretariat of selected existing personnel and representatives from the different participating
agencies.1âwphi1

Section 26. Powers and Functions. — The CICC shall have the following powers and functions:

44
 (a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression
of real-time commission of cybercrime offenses through a computer emergency response team
(CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress
cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution
agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity building
related to cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government units and
nongovernment organizations in cybercrime prevention programs and other related projects;

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

(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s
mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression, including capacity
building and such other functions and duties as may be necessary for the proper implementation of
this Act.

CHAPTER VIII
FINAL PROVISIONS

Section 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated
annually for the implementation of this Act.

Section 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the
Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety
(90) days from approval of this Act, for its effective implementation.

Section 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected
shall remain in full force and effect.

Section 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed or
modified accordingly. Section 33(a) of Republic Act No. 8792 or the "Electronic Commerce Act" is hereby
modified accordingly.

Section 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

REPUBLIC ACT No. 9165

June 7, 2002

45
 AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS
AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Section 1. Short Title. – This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of
2002".

Section 2. Declaration of Policy. – It is the policy of the State to safeguard the integrity of its territory and the
well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical
and mental well-being, and to defend the same against acts or omissions detrimental to their development and
preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and
use of dangerous drugs and other similar substances through an integrated system of planning, implementation
and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to
achieve a balance in the national drug control program so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of appropriate medications, which include the use of
dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into
society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable
programs of treatment and rehabilitation.

ARTICLE I

Definition of terms

Section 3. Definitions. As used in this Act, the following terms shall mean:

(a) Administer. – Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly
licensed practitioner for purposes of medication.

(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.

(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34,
Article VIII of this Act.

(d) Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical.

(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a different chemical or physical
principle that is more specific which will validate and confirm the result of the screening test.

46
(g) Controlled Delivery. – The investigative technique of allowing an unlawful or suspect consignment of any
dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property
believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under
the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate prosecution of that offense.

(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached
annex, which is an integral part of this Act.

(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the planting, growing or
raising of any plant which is the source of a dangerous drug.

(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this
Act.

(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any
means, with or without consideration.

(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and essential chemical
is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

(m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with or without
the use of prescription.

(n) Drug Dependence. – As based on the World Health Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high
priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the
difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.

(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining together with the
intention of committing any offense prescribed under this Act.

(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other persons working in
the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.

(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the illegal
activities prescribed under this Act.

(r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or
controlled precursor and essential chemical.

(s) Instrument. – Any thing that is used in or intended to be used in any manner in the commission of illegal
drug trafficking or related offenses.

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(t) Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used, intended for use
or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential
chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask,
heating mantle, gas generator, or their substitute.

(u) Manufacture. – The production, preparation, compounding or processing of any dangerous drug and/or
controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical
synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container; except that such terms do not include the preparation,
compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an
incident to his/her administration or dispensation of such drug or substance in the course of his/her professional
practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not
intended for sale or for any other purpose.

(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. – Embraces every
kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of
marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and
seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name. –
Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other name. –
Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every
kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or
any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not.

(z) Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum
DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches,
leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.

(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.

(bb) Person. – Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate,
joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable
of acquiring rights or entering into obligations.

(cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously inserting, placing,
adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous
drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any
violation of this Act.

(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist, nurse,
midwife, veterinarian or pharmacist in the Philippines.

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(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts provided for in
this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape
of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions
of this Act in order to prevent the arrest, prosecution and conviction of the violator.

(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in
any of such transactions, in violation of this Act.

(gg) School. – Any educational institution, private or public, undertaking educational operation for
pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located
in a building or a group of buildings in a particular physical or cyber site.

(hh) Screening Test. – A rapid test performed to establish potential/presumptive positive result.

(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential chemical
whether for money or any other consideration.

(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such
transactions whether for money or any other consideration in violation of this Act.

(kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of
the dangerous drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The
penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import
or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any
and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative
and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and
essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who, unless
authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled
precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other
means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the
diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

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The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of
opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver,
give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical,
or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug
and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school,
the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or
in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential
chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of
death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is
used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled
precursor and essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case where any dangerous
drug is administered, delivered or sold to a minor who is allowed to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive
or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos
(P500,000.00) shall be imposed on the maintainer, owner and/or operator.

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If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of
the government: Provided, That the criminal complaint shall specifically allege that such place is intentionally
used in the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part
of the owner to use the property for such purpose: Provided, finally, That the owner shall be included as an
accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of
the nature of the place as such and shall knowingly visit the same

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The
penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage
in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized by law, shall manufacture any controlled precursor and
essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating
circumstance if the clandestine laboratory is undertaken or established under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the help of
minor/s:

(b) Any phase or manufacturing process was established or undertaken within one hundred (100)
meters of a residential, business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations; or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

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The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where
one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging
from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used
to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or
a mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for
dangerous drugs.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities,
regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine
(GHB), and those similarly designed or newly introduced drugs and their derivatives, without having

52
 any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as
follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu"
is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the
quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more but less than five (hundred) 500)
grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less
than three hundred (300) grams of marijuana.

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
- The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging
from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various
professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the
practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the
purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be
presumed to have violated Section 15 of this Act.

Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. – Any person
found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate
company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act,
regardless of the quantity and purity of such dangerous drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this Act
shall be imposed upon any person, who shall possess or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate
company of at least two (2) persons.

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Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for use
of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If
apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be
applicable where the person tested is also found to have in his/her possession such quantity of any dangerous
drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - The
penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture
marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided,
That in the case of medical laboratories and medical research centers which cultivate or culture marijuana,
opium poppy and other plants, or materials of such dangerous drugs for medical experiments and research
purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing
guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and
materials.

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part. If the land involved is part of the
public domain, the maximum penalty provided for under this Section shall be imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from one (1) year and
one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions
on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 of this
Act.

An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in
case of a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or
retailer.

Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of
his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to
any person whose physical or physiological condition does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with recognized competent experts who are authorized
representatives of professional organizations of practitioners, particularly those who are involved in the care of
persons with severe pain.

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Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.

Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the
Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and
Essential Chemicals. – Every penalty imposed for the unlawful importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled
precursor and essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and
the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including
other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all
the proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they
are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately
schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and
properties of the accused either owned or held by him or in the name of some other persons if the same shall
be found to be manifestly out of proportion to his/her lawful income: Provided, however, That if the forfeited
property is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or
forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which
may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia
legis and no bond shall be admitted for the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used
to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance
of the property pending disposition, as well as expenses for publication and court costs. The proceeds in excess
of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper
disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice (DOJ), and
any elected public official who shall be required to sign the copies of the inventory and be given a
copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done under oath by
the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the

55
 subject item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed forensic laboratory examination
on the same within the next twenty-four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-
four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the guidelines on the manner of proper disposition
and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate
purposes: Provided, further, That a representative sample, duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the case. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe
all of the above proceedings and his/her presence shall not constitute an admission of guilt. In case
the said offender or accused refuses or fails to appoint a representative after due notice in writing to
the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction
of the evidence in question, the Secretary of Justice shall appoint a member of the public attorney's
office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was
presented as evidence in court, the trial prosecutor shall inform the Board of the final termination of
the case and, in turn, shall request the court for leave to turn over the said representative sample/s to
the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the
same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous
drugs defined herein which are presently in possession of law enforcement agencies shall, with leave
of court, be burned or destroyed, in the presence of representatives of the Court, DOJ, Department of
Health (DOH) and the accused/and or his/her counsel, and, b) Pending the organization of the PDEA,
the custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided
under this Section shall be implemented by the DOH.

Section 22. Grant of Compensation, Reward and Award. – The Board shall recommend to the concerned
government agency the grant of compensation, reward and award to any person providing information and to
law enforcers participating in the operation, which results in the successful confiscation, seizure or surrender of
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals.

Section 23. Plea-Bargaining Provision. – Any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

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Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. – Any person convicted
for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential Decree No. 968, as amended.

Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the
Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for
the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an
offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable.

Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be
penalized by the same penalty prescribed for the commission of the same as provided under this Act:

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and

(e) Cultivation or culture of plants which are sources of dangerous drugs.

Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to
Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act Committed. – The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be
imposed upon any public officer or employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or
properties obtained from the unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous
drugs as prescribed in this Act, or have received any financial or material contributions or donations from
natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be
removed from office and perpetually disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including government-owned or –controlled
corporations.

Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of the
unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any
public office, if those found guilty of such unlawful acts are government officials and employees.

Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall
suffer the penalty of death.

Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical
Entities. – In case any violation of this Act is committed by a partnership, corporation, association or any

57
juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to
or knowingly tolerates such violation shall be held criminally liable as a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the partner, president, director,
manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a
vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or
chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the
control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated.

Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties prescribed in the unlawful
act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported
immediately without further proceedings, unless the penalty is death.

Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The penalty of imprisonment
ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any
regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by
the Board.

Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule
119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness
Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16,
Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any
information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who
willingly testifies against such persons as described above, shall be exempted from prosecution or punishment
for the offense with reference to which his/her information of testimony were given, and may plead or prove the
giving of such information and testimony in bar of such prosecution: Provided, That the following conditions
concur:

(1) The information and testimony are necessary for the conviction of the persons described above;

(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;

(4) the informant or witness has not been previously convicted of a crime involving moral turpitude,
except when there is no other direct evidence available for the State other than the information and
testimony of said informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant
of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be
most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally,
That there is no direct evidence available for the State except for the information and testimony of the said
informant or witness.

Section 34. Termination of the Grant of Immunity. – The immunity granted to the informant or witness, as
prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or

58
testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the
persons described in the preceding Section against whom such information or testimony is directed against. In
such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits
previously accorded him under this Act or any other law, decree or order shall be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully
obliged to do so, or should he/she violate any condition accompanying such immunity as provided above,
his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution,
as the case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in
any other law, decree or order shall be deemed terminated.

In case the informant or witness referred to under this Act falls under the applicability of this Section hereof,
such individual cannot avail of the provisions under Article VIII of this Act.

Section 35. Accessory Penalties. – A person convicted under this Act shall be disqualified to exercise his/her
civil rights such as but not limited to, the rights of parental authority or guardianship, either as to the person or
property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and
political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended
during the pendency of an appeal from such conviction.

ARTICLE III

Dangerous Drugs Test and Record Requirements

Section 36. Authorized Drug Testing. – Authorized drug testing shall be done by any government forensic
laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the
quality of test results. The DOH shall take steps in setting the price of the drug test with DOH accredited drug
testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two (2)
testing methods, the screening test which will determine the positive result as well as the type of the drug used
and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by accredited
drug testing centers shall be valid for a one-year period from the date of issue which may be used for other
purposes. The following shall be subjected to undergo drug testing:

(a) Applicants for driver's license. – No driver's license shall be issued or renewed to any person
unless he/she presents a certification that he/she has undergone a mandatory drug test and
indicating thereon that he/she is free from the use of dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside of residence. – All
applicants for firearm's license and permit to carry firearms outside of residence shall undergo a
mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided, That all
persons who by the nature of their profession carry firearms shall undergo drug testing;

(c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall,
pursuant to the related rules and regulations as contained in the school's student handbook and with
notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses
whether in public or private schools under this Section will be borne by the government;

(d) Officers and employees of public and private offices. – Officers and employees of public and
private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as
contained in the company's work rules and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or employee found positive for use of
dangerous drugs shall be dealt with administratively which shall be a ground for suspension or

59
 termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the
Civil Service Law;

(e) Officers and members of the military, police and other law enforcement agencies. – Officers and
members of the military, police and other law enforcement agencies shall undergo an annual
mandatory drug test;

(f) All persons charged before the prosecutor's office with a criminal offense having an imposable
penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a
mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive for dangerous
drugs use shall be subject to the provisions of Section 15 of this Act.

Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person authorized, licensed or
accredited under this Act and its implementing rules to conduct drug examination or test, who issues false or
fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her profession in
case of a practitioner, and the closure of the drug testing center.

Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. – Subject to Section 15 of

this Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to
screening laboratory examination or test within twenty-four (24) hours, if the apprehending or arresting officer
has reasonable ground to believe that the person apprehended or arrested, on account of physical signs or
symptoms or other visible or outward manifestation, is under the influence of dangerous drugs. If found to be
positive, the results of the screening laboratory examination or test shall be challenged within fifteen (15) days
after receipt of the result through a confirmatory test conducted in any accredited analytical laboratory
equipment with a gas chromatograph/mass spectrometry equipment or some such modern and accepted
method, if confirmed the same shall be prima facie evidence that such person has used dangerous drugs,
which is without prejudice for the prosecution for other violations of the provisions of this Act: Provided, That a
positive screening laboratory test must be confirmed for it to be valid in a court of law.

Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH shall be tasked to license and
accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity
and stability to conduct the laboratory examinations and tests provided in this Article, and appoint such
technical and other personnel as may be necessary for the effective implementation of this provision. The DOH
shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well
as the after-care and follow-up program for the said drug dependent. There shall be a control regulations,
licensing and accreditation division under the supervision of the DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals,
which must be provided at least with basic technologically advanced equipment and materials, in order to
conduct the laboratory examination and tests herein provided, and appoint such qualified and duly trained
technical and other personnel as may be necessary for the effective implementation of this provision.

Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals.
–

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a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals
shall maintain and keep an original record of sales, purchases, acquisitions and deliveries of
dangerous drugs, indicating therein the following information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or wholesaler from whom the
dangerous drugs have been purchased;

(3) Quantity and name of the dangerous drugs purchased or acquired;

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number of the buyer;

(6) Serial number of the prescription and the name of the physician, dentist, veterinarian or
practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered; and

(8) Date of sale or delivery.

A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist
or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board
within fifteen (15) days following the last day of June and December of each year, with a copy thereof
furnished the city or municipal health officer concerned.

(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall
issue the prescription therefor in one (1) original and two (2) duplicate copies. The original, after the
prescription has been filled, shall be retained by the pharmacist for a period of one (1) year from the
date of sale or delivery of such drug. One (1) copy shall be retained by the buyer or by the person to
whom the drug is delivered until such drug is consumed, while the second copy shall be retained by
the person issuing the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners
shall be written on forms exclusively issued by and obtainable from the DOH. Such forms shall be
made of a special kind of paper and shall be distributed in such quantities and contain such
information and other data as the DOH may, by rules and regulations, require. Such forms shall only
be issued by the DOH through its authorized employees to licensed physicians, dentists,
veterinarians and practitioners in such quantities as the Board may authorize. In emergency cases,
however, as the Board may specify in the public interest, a prescription need not be accomplished on
such forms. The prescribing physician, dentist, veterinarian or practitioner shall, within three (3) days
after issuing such prescription, inform the DOH of the same in writing. No prescription once served by
the drugstore or pharmacy be reused nor any prescription once issued be refilled.

(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs
and/or controlled precursors and essential chemicals shall keep a record of all inventories, sales,
purchases, acquisitions and deliveries of the same as well as the names, addresses and licenses of
the persons from whom such items were purchased or acquired or to whom such items were sold or
delivered, the name and quantity of the same and the date of the transactions. Such records may be
subjected anytime for review by the Board.

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 ARTICLE IV

Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this Act

Section 41. Involvement of the Family. – The family being the basic unit of the Filipino society shall be primarily
responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs
and close monitoring of family members who may be susceptible to drug abuse.

Section 42. Student Councils and Campus Organizations. – All elementary, secondary and tertiary schools'
student councils and campus organizations shall include in their activities a program for the prevention of and
deterrence in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug
dependence.

Section 43. School Curricula. – Instruction on drug abuse prevention and control shall be integrated in the
elementary, secondary and tertiary curricula of all public and private schools, whether general, technical,
vocational or agro-industrial as well as in non-formal, informal and indigenous learning systems. Such
instructions shall include:

(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school
and the community;

(2) Preventive measures against drug abuse;

(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug
problem;

(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services
available for the treatment and rehabilitation of drug dependents; and

(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and
safety of dangerous drugs for medical and therapeutic use as well as the differentiation between
medical patients and drug dependents in order to avoid confusion and accidental stigmatization in the
consciousness of the students.

Section 44. Heads, Supervisors, and Teachers of Schools. – For the purpose of enforcing the provisions of
Article II of this Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as
such, are hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall
violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed
persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate
vicinity if they are in attendance at any school or class function in their official capacity as school heads,
supervisors, and teachers.

Any teacher or school employee, who discovers or finds that any person in the school or within its immediate
vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or
immediate superior who shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after
due hearing, constitute sufficient cause for disciplinary action by the school authorities.

Section 45. Publication and Distribution of Materials on Dangerous Drugs. – With the assistance of the Board,
the Secretary of the Department of Education (DepEd), the Chairman of the Commission on Higher Education

62
(CHED) and the Director-General of the Technical Education and Skills Development Authority (TESDA) shall
cause the development, publication and distribution of information and support educational materials on
dangerous drugs to the students, the faculty, the parents, and the community.

Section 46. Special Drug Education Center. – With the assistance of the Board, the Department of the Interior
and Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare
and Development (DSWD) shall establish in each of its provincial office a special education drug center for out-
of-school youth and street children. Such Center which shall be headed by the Provincial Social. Welfare
Development Officer shall sponsor drug prevention programs and activities and information campaigns with the
end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug
abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanage and
existing special centers for street children.

ARTICLE V

Promotion of a National Drug-Free Workplace Program With the Participation of Private and Labor
Sectors and the Department of Labor and Employment

Section 47. Drug-Free Workplace. – It is deemed a policy of the State to promote drug-free workplaces using a
tripartite approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall
develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by
private companies with ten (10) or more employees. Such program shall include the mandatory drafting and
adoption of company policies against drug use in the workplace in close consultation and coordination with the
DOLE, labor and employer organizations, human resource development managers and other such private
sector organizations.

Section 48. Guidelines for the National Drug-Free Workplace Program. – The Board and the DOLE shall
formulate the necessary guidelines for the implementation of the national drug-free workplace program. The
amount necessary for the implementation of which shall be included in the annual General Appropriations Act.

ARTICLE VI

Participation of the Private and Labor Sectors in the Enforcement of this Act

Section 49. Labor Organizations and the Private Sector. – All labor unions, federations, associations, or
organizations in cooperation with the respective private sector partners shall include in their collective
bargaining or any similar agreements, joint continuing programs and information campaigns for the laborers
similar to the programs provided under Section 47 of this Act with the end in view of achieving a drug free
workplace.

Section 50. Government Assistance. – The labor sector and the respective partners may, in pursuit of the
programs mentioned in the preceding Section, secure the technical assistance, such as but not limited to,
seminars and information dissemination campaigns of the appropriate government and law enforcement
agencies.

ARTICLE VII

Participation of Local Government Units

Section 51. Local Government Units' Assistance. – Local government units shall appropriate a substantial
portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to
preventive or educational programs and the rehabilitation or treatment of drug dependents.

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Section 52. Abatement of Drug Related Public Nuisances. – Any place or premises which have been used on
two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a
public nuisance, and such nuisance may be abated, pursuant to the following procedures:

(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints
regarding the nuisances;

(2) any employee, officer, or resident of the city or municipality may bring a complaint before the
Board after giving not less than three (3) days written notice of such complaint to the owner of the
place or premises at his/her last known address; and

(3) After hearing in which the Board may consider any evidence, including evidence of the general
reputation of the place or premises, and at which the owner of the premises shall have an opportunity
to present evidence in his/her defense, the Board may declare the place or premises to be a public
nuisance.

Section 53. Effect of Board Declaration. – If the Board declares a place or premises to be a public nuisance, it
may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity
on the premises which is conducive to such nuisance.

An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order.
The Board may bring a complaint seeking a permanent injunction against any nuisance described under this
Section.

This Article does not restrict the right of any person to proceed under the Civil Code against any public
nuisance.

ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. – A
drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its
duly recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application,
the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug
dependency. If the examination by a DOH-accredited physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a
Center designated by the Board for a period of not less than six (6) months: Provided, That a drug dependent
may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the
residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a
first-time offender and non-confinement in a Center will not pose a serious danger to his/her family or the
community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the
Court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation center of the
status of said drug dependent and determine whether further confinement will be for the welfare of the drug
dependent and his/her family or the community.

Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug dependent
under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the
criminal liability under Section 15 of this act subject to the following conditions:

64
 (1) He/she has complied with the rules and regulations of the center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least eighteen (18)
months following temporary discharge from confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the after-care program and follow-up
schedule formulated by the DSWD and approved by the Board: Provided, That capability-building of
local government social workers shall be undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as
amended; or any special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she
surrendered by himself/herself or through his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, within one (1) week from the date of the said escape; and

(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her
exemption from criminal liability.

Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary
Submission Program. – Upon certification of the Center that the drug dependent within the voluntary submission
program may be temporarily released, the Court shall order his/her release on condition that said drug
dependent shall report to the DOH for after-care and follow-up treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms and conditions that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may
be discharged by the Court, subject to the provisions of Section 55 of this Act, without prejudice to the outcome
of any pending case filed in court.

However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months,
the drug dependent requires further treatment and rehabilitation in the Center, he/she shall be recommitted to
the Center for confinement. Thereafter, he/she may again be certified for temporary release and ordered
released for another after-care and follow-up program pursuant to this Section.

Section 57. Probation and Community Service Under the Voluntary Submission Program. – A drug dependent
who is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program,
but does not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the
provisions of this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment
and/or fine in the discretion of the court, without prejudice to the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after-care and follow-up program,
which may be done in coordination with nongovernmental civil organizations accredited by the DSWD, with the
recommendation of the Board.

Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary
Submission Program. – A drug dependent, who is not rehabilitated after the second commitment to the Center
under the voluntary submission program, shall, upon recommendation of the Board, be charged for violation of
Section 15 of this Act and prosecuted like any other offender. If convicted, he/she shall be credited for the
period of confinement and rehabilitation in the Center in the service of his/her sentence.

Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission
Program. – Should a drug dependent under the voluntary submission program escape from the Center, he/she
may submit himself/herself for recommitment within one (1) week therefrom, or his/her parent, spouse, guardian

65
or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him for
recommitment, in which case the corresponding order shall be issued by the Board.

Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to
the court for a recommitment order upon proof of previous commitment or his/her voluntary submission by the
Board, the court may issue an order for recommitment within one (1) week.

If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be
charged for violation of Section 15 of this Act and he subjected under section 61 of this Act, either upon order of
the Board or upon order of the court, as the case may be.

Section 60. Confidentiality of Records Under the Voluntary Submission Program. – Judicial and medical
records of drug dependents under the voluntary submission program shall be confidential and shall not be used
against him for any purpose, except to determine how many times, by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted
himself/herself for confinement, treatment and rehabilitation or has been committed to a Center under this
program.

Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary
Submission Program. – Notwithstanding any law, rule and regulation to the contrary, any person determined
and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized
representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the
purpose.

A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed
by any person authorized by the Board with the Regional Trial Court of the province or city where such person
is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such
order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge
of him.

If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two
(2) physicians accredited by the Board. If both physicians conclude that the respondent is not a drug
dependent, the court shall order his/her discharge. If either physician finds him to be a dependent, the court
shall conduct a hearing and consider all relevant evidence which may be offered. If the court finds him a drug
dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation center under the
supervision of the DOH. In any event, the order of discharge or order of confinement or commitment shall be
issued not later than fifteen (15) days from the filing of the appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and
Rehabilitation. – If a person charged with an offense where the imposable penalty is imprisonment of less than
six (6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the proceedings, to
be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and
transmit copies of the record of the case to the Board.

In the event he Board determines, after medical examination, that public interest requires that such drug
dependent be committed to a center for treatment and rehabilitation, it shall file a petition for his/her
commitment with the regional trial court of the province or city where he/she is being investigated or
tried: Provided, That where a criminal case is pending in court, such petition shall be filed in the said court. The
court shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. If the
court finds him to be a drug dependent, it shall order his/her commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to the court every four (4) months, or as often as the court
may require, a written report on the progress of the treatment. If the dependent is rehabilitated, as certified by

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the center and the Board, he/she shall be returned to the court, which committed him, for his/her discharge
therefrom.

Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the
case may be. In case of conviction, the judgment shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good behavior, indicate that he/she shall be given full credit for the
period he/she was confined in the Center: Provided, however, That when the offense is for violation of Section
15 of this Act and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in
the Center upon his/her release therefrom after certification by the Center and the Board that he/she is
rehabilitated.

Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory
Submission Program. – The period of prescription of the offense charged against a drug dependent under the
compulsory submission program shall not run during the time that the drug dependent is under confinement in a
Center or otherwise under the treatment and rehabilitation program approved by the Board.

Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall
order his/her release on condition that he/she shall report to the Board through the DOH for after-care and
follow-up treatment for a period not exceeding eighteen (18) months under such terms and conditions as may
be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation, the
court shall order his/her final discharge from confinement and order for the immediate resumption of the trial of
the case for which he/she is originally charged. Should the Board through the DOH find at anytime during the
after-care and follow-up period that he/she requires further treatment and rehabilitation, it shall report to the
court, which shall order his/her recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom,
he/she may resubmit himself/herself for confinement within one (1) week from the date of his/her escape; or
his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within the
same period, surrender him for recommitment. If, however, the drug dependent does not resubmit
himself/herself for confinement or he/she is not surrendered for recommitment, the Board may apply with the
court for the issuance of the recommitment order. Upon proof of previous commitment, the court shall issue an
order for recommitment. If, subsequent to such recommitment, he/she should escape again, he/she shall no
longer be exempt from criminal liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally discharged from confinement shall be
exempt from criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case
filed in court. On the other hand, a drug dependent who is not rehabilitated after a second commitment to the
Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15
of this Act again without prejudice to the outcome of any pending case filed in court.

Section 64. Confidentiality of Records Under the Compulsory Submission Program. – The records of a drug
dependent who was rehabilitated and discharged from the Center under the compulsory submission program,
or who was charged for violation of Section 15 of this Act, shall be covered by Section 60 of this Act. However,
the records of a drug dependent who was not rehabilitated, or who escaped but did not surrender
himself/herself within the prescribed period, shall be forwarded to the court and their use shall be determined by
the court, taking into consideration public interest and the welfare of the drug dependent.

Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of the provincial or the city
prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising
from this Act.

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Section 66. Suspension of Sentence of a First-Time Minor Offender. – An accused who is over fifteen (15)
years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than
eighteen (18) years of age at the time when judgment should have been promulgated after having been found
guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal
laws;

(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited
physician; and

(c) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the
Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen
(18) months.

Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center,
or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program
for not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized
under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare
Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the
provisions of this Section.

Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor
Offender. – If the accused first time minor offender under suspended sentence complies with the applicable
rules and regulations of the Board, including confinement in a Center, the court, upon a favorable
recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss
all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official
records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which
shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held
thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.

Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. –
The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-
time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this
Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated.

Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the accused first-time minor offender
violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board
exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center
should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve
sentence as any other convicted person.

Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. – Upon
promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the

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sentence provided under this Act is higher than that provided under existing law on probation, or impose
community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance
shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and
the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a
written report to the court recommending termination of probation and a final discharge of the probationer,
whereupon the court shall issue such an order.

The community service shall be complied with under conditions, time and place as may be determined by the
court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15
of this Act. The completion of the community service shall be under the supervision and rehabilitative
surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on
the manner of compliance of said community service. The court in its discretion may require extension of the
community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused
during the suspended sentence period shall be deducted from the sentence to be served.

Section 71. Records to be kept by the Department of Justice. – The DOJ shall keep a confidential record of the
proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether
or not a person accused under this Act is a first-time minor offender.

Section 72. Liability of a Person Who Violates the Confidentiality of Records. – The penalty of imprisonment
ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody
of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone
who, having gained possession of said records, whether lawfully or not, reveals their content to any person
other than those charged with the prosecution of the offenses under this Act and its implementation. The
maximum penalty shall be imposed, in addition to absolute perpetual disqualification from any public office,
when the offender is a government official or employee. Should the records be used for unlawful purposes,
such as blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime of
violation of confidentiality shall be in addition to whatever crime he/she may be convicted of.

Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any
Concerned Agency. – Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the
Board or any concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in
any manner, prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug
dependent, whether under voluntary submission program or compulsory submission program, may be cited for
contempt by the court.

Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. – The parent, spouse,
guardian or any relative within the fourth degree of consanguinity of any person who is confined under the
voluntary submission program or compulsory submission program shall be charged a certain percentage of the
cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into
consideration the economic status of the family of the person confined. The guidelines therein formulated shall
be implemented by a social worker of the local government unit.

Section 75. Treatment and Rehabilitation Centers. – The existing treatment and rehabilitation centers for drug
dependents operated and maintained by the NBI and the PNP shall be operated, maintained and managed by
the DOH in coordination with other concerned agencies. For the purpose of enlarging the network of centers,
the Board through the DOH shall encourage, promote or whenever feasible, assist or support in the
establishment, operations and maintenance of private centers which shall be eligible to receive grants,
donations or subsidy from either government or private sources. It shall also support the establishment of

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government-operated regional treatment and rehabilitation centers depending upon the availability of funds. The
national government, through its appropriate agencies shall give priority funding for the increase of subsidy to
existing government drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in
each province, depending on the availability of funds.

Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this Act. – The DOH
shall:

(1) Oversee the monitor the integration, coordination and supervision of all drug rehabilitation,
intervention, after-care and follow-up programs, projects and activities as well as the establishment,
operations, maintenance and management of privately-owned drug treatment rehabilitation centers
and drug testing networks and laboratories throughout the country in coordination with the DSWD and
other agencies;

(2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct and
support scientific research on drugs and drug control;

(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting minimum
standards for their accreditation to assure their competence, integrity and stability;

(4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it
may deem necessary after conducting a feasibility study thereof;

(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating this
Act, order the closure of a Center for treatment and rehabilitation of drug dependency when, after
investigation it is found guilty of violating the provisions of this Act or regulations issued by the Board;
and

(6) Charge reasonable fees for drug dependency examinations, other medical and legal services
provided to the public, which shall accrue to the Board. All income derived from these sources shall
be part of the funds constituted as special funds for the implementation of this Act under Section 87.

ARTICLE IX

Dangerous Drugs Board and Philippine Drug Enforcement Agency

Section 77. The Dangerous Drugs Board. – The Board shall be the policy-making and strategy-formulating
body in the planning and formulation of policies and programs on drug prevention and control. It shall develop
and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control
strategy. It shall be under the Office of the President.

Section 78. Composition of the Board. – The Board shall be composed of seventeen (17) members wherein
three (3) of which are permanent members, the other twelve (12) members shall be in an ex officio capacity and
the two (2) shall be regular members.

The three (3) permanent members, who shall possess at least seven-year training and experience in the field of
dangerous drugs and in any of the following fields: in law, medicine, criminology, psychology or social work,
shall be appointed by the President of the Philippines. The President shall designate a Chairman, who shall
have the rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. Of
the two (2) other members, who shall both have the rank of undersecretary, one (1) shall serve for four (4)
years and the other for two (2) years. Thereafter, the persons appointed to succeed such members shall hold
office for a term of six (6) years and until their successors shall have been duly appointed and qualified.

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The other twelve (12) members who shall be ex officio members of the Board are the following:

(1) Secretary of the Department of Justice or his/her representative;

(2) Secretary of the Department of Health or his/her representative;

(3) Secretary of the Department of National Defense or his/her representative;

(4) Secretary of the Department of Finance or his/her representative;

(5) Secretary of the Department of Labor and Employment or his/her representative;

(6) Secretary of the Department of the Interior and Local Government or his/her representative;

(7) Secretary of the Department of Social Welfare and Development or his/her representative;

(8) Secretary of the Department of Foreign Affairs or his/her representative;

(9) Secretary of the Department of Education or his/her representative;

(10) Chairman of the Commission on Higher Education or his/her representative;

(11) Chairman of the National Youth Commission;

(12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly authorized and permanent
representatives whose ranks shall in no case be lower than undersecretary.

The two (2) regular members shall be as follows:

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

(b) The chairman or president of a non-government organization involved in dangerous drug

campaign to be appointed by the President of the Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and shall
attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per diem for every meeting
actually attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and
allowances: Provided, That where the representative of an ex officio member or of the permanent consultant of
the Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem.

Section 79. Meetings of the Board. – The Board shall meet once a week or as often as necessary at the
discretion of the Chairman or at the call of any four (4) other members. The presence of nine (9) members shall
constitute a quorum.

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Section 80. Secretariat of the Board. – The Board shall recommend to the President of the Philippines the
appointment of an Executive Director, with the rank of an undersecretary, who shall be the Secretary of the
Board and administrative officer of its secretariat, and shall perform such other duties that may be assigned to
him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs,
and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall
be appointed by the President upon recommendation of the Board. They shall possess the same qualifications
as those of the executive director. They shall receive a salary corresponding to their position as prescribed by
the Salary Standardization Law as a Career Service Officer.

The existing secretariat of the Board shall be under the administrative control and supervision of the Executive
Director. It shall be composed of the following divisions, namely: Policy Studies, Research and Statistics;
Preventive Education, Training and Information; Legal Affairs; and the Administrative and Financial
Management.

Section 81. Powers and Duties of the Board. – The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national drug
use prevention and control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act,
including the manner of safekeeping, disposition, burning or condemnation of any dangerous drug
and/or controlled precursor and essential chemical under its charge and custody, and prescribe
administrative remedies or sanctions for the violations of such rules and regulations;

(c) Conduct policy studies, program monitoring and evaluations and other researches on drug
prevention, control and enforcement;

(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological
researches on dangerous drugs and dangerous drugs prevention and control measures;

(e) Develop an educational program and information drive on the hazards and prevention of illegal
use of any dangerous drug and/or controlled precursor and essential chemical based on factual data,
and disseminate the same to the general public, for which purpose the Board shall endeavor to make
the general public aware of the hazards of any dangerous drugs and/or controlled precursor and
essential chemical by providing among others, literature, films, displays or advertisements and by
coordinating with all institutions of learning as well as with all national and local enforcement agencies
in planning and conducting its educational campaign programs to be implemented by the appropriate
government agencies;

(f) Conduct continuing seminars for, and consultations with, and provide information materials to
judges and prosecutors in coordination with the Office of the Court Administrator, in the case of
judges, and the DOJ, in the case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs, its prevention and control measures;

(g) Design special trainings in order to provide law enforcement officers, members of the judiciary,
and prosecutors, school authorities and personnel of centers with knowledge and know-how in
dangerous drugs and/or controlled precursors and essential chemicals control in coordination with the
Supreme Court to meet the objectives of the national drug control programs;

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(h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies
involved in drugs control, treatment and rehabilitation, both public and private, a national treatment
and rehabilitation program for drug dependents including a standard aftercare and community service
program for recovering drug dependents;

(i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as
well as nongovernment organizations a drug abuse prevention program in the workplace that would
include a provision for employee assistance programs for emotionally-stressed employees;

(j) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation
centers based on verified reports of human rights violations, subhuman conditions, inadequate
medical training and assistance and excessive fees for implementation by the PDEA;

(k) Prescribe and promulgate rules and regulations governing the establishment of such centers,
networks and laboratories as deemed necessary after conducting a feasibility study in coordination
with the DOH and other government agencies;

(l) Receive, gather, collect and evaluate all information on the importation, exportation, production,
manufacture, sale, stocks, seizures of and the estimated need for any dangerous drug and/or
controlled precursor and essential chemical, for which purpose the Board may require from any
official, instrumentality or agency of the government or any private person or enterprise dealing in, or
engaged in activities having to do with any dangerous drug and/or controlled precursors and essential
chemicals such data or information as it may need to implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks,
seizures of and estimates need for any dangerous drug and/or controlled precursors and essential
chemicals and such other statistical data on said drugs as may be periodically required by the United
Nations Narcotics Drug Commission, the World Health Organization and other international
organizations in consonance with the country's international commitments;

(n) Develop and maintain international networking coordination with international drug control
agencies and organizations, and implement the provisions of international conventions and
agreements thereon which have been adopted and approved by the Congress of the Philippines;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it, in coordination with the PDEA, about all dangerous drugs and/or controlled
precursors and essential chemicals-related cases to which they have attended for statistics and
research purposes;

(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to
administer and dispose the same when necessary for the benefit of government and private
rehabilitation centers subject to limitations, directions and instructions from the donors, if any;

(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment,
rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and regulations
pertaining to the application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies, the importation, distribution,
production, manufacture, compounding, prescription, dispensing and sale of, and other lawful acts in
connection with any dangerous drug, controlled precursors and essential chemicals and other similar
or analogous substances of such kind and in such quantity as it may deem necessary according to
the medical and research needs or requirements of the country including diet pills containing
ephedrine and other addictive chemicals and determine the quantity and/or quality of dangerous

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 drugs and controlled precursors and essential chemicals to be imported, manufactured and held in
stock at any given time by authorized importer, manufacturer or distributor of such drugs;

(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of
dangerous drugs into and out of the country to neutralize transnational crime syndicates involved in
illegal trafficking of any dangerous drugs and/or controlled precursors and essential chemicals;

(t) Recommend the revocation of the professional license of any practitioner who is an owner, co-
owner, lessee, or in the employ of the drug establishment, or manager of a partnership, corporation,
association, or any juridical entity owning and/or controlling such drug establishment, and who
knowingly participates in, or consents to, tolerates, or abets the commission of the act of violations as
indicated in the preceding paragraph, all without prejudice to the criminal prosecution of the person
responsible for the said violation;

(u) Appoint such technical, administrative and other personnel as may be necessary for the effective
implementation of this Act, subject to the Civil Service Law and its rules and regulations;

(v) Establish a regular and continuing consultation with concerned government agencies and medical
professional organizations to determine if balance exists in policies, procedures, rules and regulations
on dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can
be improved and facilitated; and

(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the
Senate and House of Representatives committees concerned as may be required from time to time,
and perform such other functions as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended by the congressional committees
concerned.

Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – To carry out the provisions of this
Act, the PDEA, which serves as the implementing arm of the Board, and shall be responsible for the efficient
and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and
essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for
the general administration and management of the Agency. The Director General of the PDEA shall be
appointed by the President of the Philippines and shall perform such other duties that may be assigned to
him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs,
and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by
two (2) deputies director general with the rank of Assistant Secretary; one for Operations and the other one for
Administration. The two (2) deputies director general shall likewise be appointed by the President of the
Philippines upon recommendation of the Board. The two (2) deputies director general shall possess the same
qualifications as those of the Director General of the PDEA. The Director General and the two (2) deputies
director general shall receive the compensation and salaries as prescribed by law.

Section 83. Organization of the PDEA. – The present Secretariat of the National Drug Law Enforcement and
Prevention Coordinating Center as created by Executive Order No. 61 shall be accordingly modified and
absorbed by the PDEA.

The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up
which shall be submitted to the Board for approval.

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For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act, the
PDEA shall have the following Services, namely: Intelligence and Investigation; International Cooperation and
Foreign Affairs; Preventive Education and Community Involvement; Plans and Operations; Compliance; Legal
and Prosecution; Administrative and Human Resource; Financial Management; Logistics Management; and
Internal Affairs.

The PDEA shall establish and maintain regional offices in the different regions of the country which shall be
responsible for the implementation of this Act and the policies, programs, and projects of said agency in their
respective regions.

Section 84. Powers and Duties of the PDEA. – The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national drug control strategy
formulated by the Board thereby carrying out a national drug campaign program which shall include
drug law enforcement, control and prevention campaign with the assistance of concerned
government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts
and penalties involving any dangerous drug and/or controlled precursor and essential chemical and
investigate all violators and other matters involved in the commission of any crime relative to the use,
abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as
provided for in this Act and the provisions of Presidential Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of
investigation involving the violations of this Act;

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or
proceeds of the crimes as provided by law and take custody thereof, for this purpose the prosecutors
and enforcement agents are authorized to possess firearms, in accordance with existing laws;

(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential
chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement
agency, if no longer needed for purposes of evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate
action on seize or confiscated drugs, thereby hastening its destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of this Act and in accordance with the pertinent
provisions of the Anti-Money-Laundering Act of 2001;

(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all
laws on dangerous drugs, controlled precursors and essential chemicals, and other similar controlled
substances, and assist, support and coordinate with other government agencies for the proper and
effective prosecution of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the
Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office, which
appear from the package and address itself to be a possible importation of dangerous drugs and/or
controlled precursors and essential chemicals, through on-line or cyber shops via the internet or
cyberspace;

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 (j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous
drugs may be extracted;

(k) Initiate and undertake the formation of a nationwide organization which shall coordinate and
supervise all activities against drug abuse in every province, city, municipality and barangay with the
active and direct participation of all such local government units and nongovernmental organizations,
including the citizenry, subject to the provisions of previously formulated programs of action against
dangerous drugs;

(l) Establish and maintain a national drug intelligence system in cooperation with law enforcement
agencies, other government agencies/offices and local government units that will assist in its
apprehension of big-time drug lords;

(m) Establish and maintain close coordination, cooperation and linkages with international drug
control and administration agencies and organizations, and implement the applicable provisions of
international conventions and agreements related to dangerous drugs to which the Philippines is a
signatory;

(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file charges
and transmit evidence to the proper court, wherein members of the said unit shall possess suitable
and adequate firearms for their protection in connection with the performance of their
duties: Provided, That no previous special permit for such possession shall be required;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it, in coordination with the Board, about all dangerous drugs and/or controlled
precursors and essential chemicals which they have attended to for data and information purposes;

(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and
regulations for the proper implementation of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control programs, where
it may enlist the assistance of any department, bureau, office, agency or instrumentality of the
government, including government-owned and or –controlled corporations, in the anti-illegal drugs
drive, which may include the use of their respective personnel, facilities, and resources for a more
resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers; and

(r) Submit an annual and periodic reports to the Board as may be required from time to time, and
perform such other functions as may be authorized or required under existing laws and as directed by
the President himself/herself or as recommended by the congressional committees concerned.

Section 85. The PDEA Academy. – Upon the approval of the Board, the PDEA Academy shall be established
either in Baguio or Tagaytay City, and in such other places as may be necessary. The PDEA Academy shall be
responsible in the recruitment and training of all PDEA agents and personnel. The Board shall provide for the
qualifications and requirements of its recruits who must be at least twenty-one (21) years old, of proven integrity
and honesty and a Baccalaureate degree holder.

The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the
transition period of five (5) years during which all the intelligence network and standard operating procedures of
the PDEA has been set up and operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed by the
PDEA Director General.

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Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and
Transitory Provisions. – The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs
Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task
as detail service with the PDEA, subject to screening, until such time that the organizational structure of the
Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task
themselves: Provided, That such personnel who are affected shall have the option of either being integrated
into the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to
other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated
in the PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and
privileges granted to their respective positions in their original mother agencies.

The transfer, absorption and integration of the different offices and units provided for in this Section shall take
effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel absorbed and on
detail service shall be given until five (5) years to finally decide to join the PDEA.

Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other
crimes as provided for in their respective organic laws: Provided, however, That when the investigation being
conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions
of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of the task force shall immediately transfer
the same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close
coordination with the PDEA on all drug related matters.

ARTICLE X

Appropriations, Management of Funds and Annual Report

Section 87. Appropriations. – The amount necessary for the operation of the Board and the PDEA shall be
charged against the current year's appropriations of the Board, the National Drug Law Enforcement and
Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and other
drug abuse units of the different law enforcement agencies integrated into the PDEA in order to carry out the
provisions of this Act. Thereafter, such sums as may be necessary for the continued implementation of this Act
shall be included in the annual General Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in this Act, including ten percent
(10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than twelve million pesos
(P12,000,000.00) per year from the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a
special account in the general fund for the implementation of this Act: Provided, That no amount shall be
disbursed to cover the operating expenses of the Board and other concerned agencies: Provided, further, That
at least fifty percent (50%) of all the funds shall be reserved for assistance to government-owned and/or
operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality
of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO
within thirty (30) days after these are collected and declared forfeited.

A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the
amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of establishing
adequate drug rehabilitation centers in the country and also for the maintenance and operations of such
centers: Provided, That the said amount shall be taken from the fifty percent (50%) share of the National
Government in the income of PAGCOR: Provided, further, That the said amount shall automatically be remitted
by PAGCOR to the Board. The amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject to
the rules and regulations of the Commission on Audit (COA).

77
The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign,
for purposes related to their functions, subject to the existing guidelines set by the government.

Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. – The Board
shall manage the funds as it may deem proper for the attainment of the objectives of this Act. In addition to the
periodic reports as may be required under this Act, the Chairman of the Board shall submit to the President of
the Philippines and to the presiding officers of both houses of Congress, within fifteen (15) days from the
opening of the regular session, an annual report on the dangerous drugs situation in the country which shall
include detailed account of the programs and projects undertaken, statistics on crimes related to dangerous
drugs, expenses incurred pursuant to the provisions of this Act, recommended remedial legislation, if needed,
and such other relevant facts as it may deem proper to cite.

Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All accounts and expenses of
the Board and the PDEA shall be audited by the COA or its duly authorized representative.

ARTICLE XI

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. – The Supreme Court shall designate special courts from among the existing Regional
Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act. The number
of courts designated in each judicial region shall be based on the population and the number of cases pending
in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.

The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days
from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the
corresponding information shall be filed in court within twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the
corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of
receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of
the filing of the information. Decision on said cases shall be rendered within a period of fifteen (15) days from
the date of submission of the case for resolution.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and
Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. – Any member of law
enforcement agencies or any other government official and employee who, after due notice, fails or refuses
intentionally or negligently, to appear as a witness for the prosecution in any proceedings, involving violations of
this Act, without any valid reason, shall be punished with imprisonment of not less than twelve (12) years and
one (1) day to twenty (20) years and a fine of not less than Five hundred thousand pesos (P500,000.00), in
addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate
body.

The immediate superior of the member of the law enforcement agency or any other government employee
mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two (2) months and
one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not
more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public

78
office if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to
present the latter to the court.

The member of the law enforcement agency or any other government employee mentioned in the preceding
paragraphs shall not be transferred or re-assigned to any other government office located in another territorial
jurisdiction during the pendency of the case in court. However, the concerned member of the law enforcement
agency or government employee may be transferred or re-assigned for compelling reasons: Provided, That
his/her immediate superior shall notify the court where the case is pending of the order to transfer or re-assign,
within twenty-four (24) hours from its approval; Provided, further, That his/her immediate superior shall be
penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years
and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from public office, should he/she fail to notify
the court of such order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any
existing law.

Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any government officer or employee
tasked with the prosecution of drug-related cases under this act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said
drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.

Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. – The Board
shall have the power to reclassify, add to or remove from the list of dangerous drugs. Proceedings to reclassify,
add, or remove a drug or other substance may be initiated by the PDEA, the DOH, or by petition from any
interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association,
a public interest group concerned with drug abuse, a national or local government agency, or an individual
citizen. When a petition is received by the Board, it shall immediately begin its own investigation of the drug.
The PDEA also may begin an investigation of a drug at any time based upon the information received from law
enforcement laboratories, national and local law enforcement and regulatory agencies, or other sources of
information.

The Board after notice and hearing shall consider the following factors with respect to each substance proposed
to be reclassified, added or removed from control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(c) The state of current scientific knowledge regarding the drug or other substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already controlled under this
Act.

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The Board shall also take into accord the obligations and commitments to international treaties, conventions
and agreements to which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification,
addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation
once a week for two (2) weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for
the violations of this Act involving the two latter categories of drugs shall, in case of conviction, be
imposed in all pending criminal prosecutions;

(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the penalties for
violations of the Act involving precursors and essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential
chemicals, no criminal liability involving the same under this Act shall arise until after the lapse of
fifteen (15) days from the last publication of such notice;

(d) In case of removal of a drug from the list of dangerous drugs and precursors and essential
chemicals, all persons convicted and/or detained for the use and/or possession of such a drug shall
be automatically released and all pending criminal prosecution involving such a drug under this Act
shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a
detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.

ARTICLE XII

Implementing Rules and Regulations

Section 94. Implementing Rules and Regulations. – The present Board in consultation with the DOH, DILG,
DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned government
agencies shall promulgate within sixty (60) days the Implementing Rules and Regulations that shall be
necessary to implement the provisions of this Act.

ARTICLE XIII

Final Provisions

Section 95. Congressional Oversight Committee. – There is hereby created a Congressional Oversight
Committee composed of seven (7) Members from the Senate and seven (7) Members from the House of
Representatives. The Members from the Senate shall be appointed by the Senate President based on the
proportional representation of the parties or coalitions therein with at least two (2) Senators representing the
Minority. The Members from the House of Representatives shall be appointed by the Speaker, also based on
proportional representation of the parties or coalitions therein with at least two (2) Members representing the
Minority.

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The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public Order and
Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight Committee. – The Oversight Committee on Dangerous
Drugs shall, in aid of legislation, perform the following functions, among others:

(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of
this Act;

(b) To ensure transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the implementation of this act;

(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all
disbursements therefrom, including compensation of all personnel;

(d) To submit periodic reports to the President of the Philippines and Congress on the implementation
of the provisions of this Act;

(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation
or executive measures; and

(f) To perform such other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.

Section 97. Adoption of Committee Rules and Regulations, and Funding. – The Oversight Committee on
Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports,
and technical advice, invite or summon by subpoena ad testificandum any public official, private citizen, or any
other person to testify before it, or require any person by subpoena duces tecum documents or other materials
as it may require consistent with the provisions of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel
who may be seconded from the Senate and the House of Representatives and may retain consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum of
Twenty-five million pesos (P25,000,000.00) shall be charged against the current appropriations of the Senate.
Thereafter, such amount necessary for its continued operations shall be included in the annual General
Appropriations Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the effectivity of
this Act and may be extended by a joint concurrent resolution.

Section 98. Limited Applicability of the Revised Penal Code. – Notwithstanding any law, rule or regulation to
the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the
provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts
punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.

Section 99. Separability Clause. – If for any reason any section or provision of this Act, or any portion thereof,
or the application of such section, provision or portion thereof to any person, group or circumstance is declared
invalid or unconstitutional, the remainder of this Act shall not be affected by such declaration and shall remain in
force and effect.

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Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is hereby repealed and all other laws,
administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.

Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended accordingly.

Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its publication in at least two (2)
national newspapers of general circulation.

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

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@alf

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:

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 (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

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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.

84
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:
1awphi1@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

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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

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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.

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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

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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

89
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; 1awphi1@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

90
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. Lawphi1@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.

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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.

PRESIDENTIAL DECREE No. 705

May 19, 1975

REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE
OF THE PHILIPPINES

Section 1. Title of this Code. This decree shall be known as the "Revised Forestry Code of the Philippines."

Section 2. Policies. The State hereby adopts the following policies:

(a) The multiple uses of forest lands shall be oriented to the development and progress requirements
of the country, the advancement of science and technology, and the public welfare;

(b) Land classification and survey shall be systematized and hastened;

(c) The establishment of wood-processing plants shall be encouraged and rationalized; and

(d) The protection, development and rehabilitation of forest lands shall be emphasized so as to
ensure their continuity in productive condition.

Section 3. Definitions.

(a) Public forest is the mass of lands of the public domain which has not been the subject of the
present system of classification for the determination of which lands are needed for forest purposes
and which are not.

(b) Permanent forest or forest reserves refer to those lands of the public domain which have been the
subject of the present system of classification and determined to be needed for forest purposes.

(c) Alienable and disposable lands refer to those lands of the public domain which have been the
subject of the present system of classification and declared as not needed for forest purposes.

(d) Forest lands include the public forest, the permanent forest or forest reserves, and forest
reservations.

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(e) Grazing land refers to that portion of the public domain which has been set aside, in view of the
suitability of its topography and vegetation, for the raising of livestock.

(f) Mineral lands refer to those lands of the public domain which have been classified as such by the
Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and
procedure.

(g) Forest reservations refer to forest lands which have been reserved by the President of the
Philippines for any specific purpose or purposes.

(h) National park refers to a forest land reservation essentially of primitive or wilderness character
which has been withdrawn from settlement or occupancy and set aside as such exclusively to
preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to
provide enjoyment of these features in such a manner as will leave them unimpaired for future
generations.

(i) Game refuge or bird sanctuary refers to a forest land designated for the protection of game
animals, birds and fish and closed to hunting and fishing in order that the excess population may flow
and restock surrounding areas.

(j) Marine parks refers to any off-shore area inhabited by rare and unique species of marine flora and
fauna.

(k) Seashore park refers to any public shore area delimited for outdoor recreation, sports fishing,
water skiing and related healthful activities.

(l) Watershed reservation is a forest land reservation established to protect or improve the conditions
of the water yield thereof or reduce sedimentation.

(m) Watershed is a land area drained by a stream or fixed body of water and its tributaries having a
common outlet for surface run-off.

(n) Critical watershed is a drainage area of a river system supporting existing and proposed hydro-
electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast
denudation causing accelerated erosion and destructive floods. It is closed from logging until it is fully
rehabilitated.

(o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast,
extending along streams where the water is brackish.

(p) Kaingin is a portion of the forest land, whether occupied or not, which is subjected to shifting
and/or permanent slash-and-burn cultivation having little or no provision to prevent soil erosion.

(q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey,
beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the
associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands.

(r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red lauan,
tengile, tiaong, white lauan, almon, bagtikan and mayapis of the Philippine mahogany group, apitong
and the yakals.

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(s) Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or the Mindoro
pine in Mindoro and Zambales provinces.

(t) Industrial tree plantation is any tract of forest land purposely and extensively planted to timber
crops primarily to supply the raw material requirements of existing or proposed processing plants and
related industries.

(u) Tree farm refers to any tract of forest land purposely and extensively planted to trees of economic
value for their fruits, flowers, leaves, barks, or extractives, but not for the wood thereof.

(v) Multiple-use is the harmonized utilization of the numerous beneficial uses of the land, soil, water,
wildlife, recreation value, grass and timber of forest lands.

(w) Selective logging means the systematic removal of the mature, over-mature and defective trees in
such manner as to leave adequate number and volume of healthy residual trees of the desired
species necessary to assure a future crop of timber, and forest cover for the protection and
conservation of soil and water.

(x) Seed tree system is partial clearcutting with seed trees left to regenerate the area.

(y) Healthy residual is a sound or slightly injured tree of the commercial species left after logging.

(z) Sustained-yield management implies continuous or periodic production of forest products in a

working unit with the aid of achieving at the earliest practicable time an approximate balance between
growth and harvest or use. This is generally applied to the commercial timber resources and is also
applicable to the water, grass, wildlife, and other renewable resources of the forest.

(aa) Processing plant is any mechanical set-up, machine or combination of machine used for the
processing of logs and other forest raw materials into lumber, veneer, plywood, wallboard, block-
board, paper board, pulp, paper or other finished wood products.

(bb) Lease is a privilege granted by the State to a person to occupy and possess, in consideration of
a specified rental, any forest land of the public domain in order to undertake any authorized activity
therein.

(cc) License is a privilege granted by the State to a person to utilize forest resources as in any forest
land, without any right of occupation and possession over the same, to the exclusion of others, or
establish and operate a wood-processing plant, or conduct any activity involving the utilization of any
forest resources.

(dd) License agreement is a privilege granted by the State to a person to utilize forest resources
within any forest land with the right of possession and occupation thereof to the exclusion of others,
except the government, but with the corresponding obligation to develop, protect and rehabilitate the
same in accordance with the terms and conditions set forth in said agreement.

(ee) Permit is a short-term privilege or authority granted by the State to a person to utilize any limited
forest resources or undertake a limited activity with any forest land without any right of occupation
and possession therein.

(ff) Annual allowable cut is the volume of materials, whether of wood or other forest products, that is
authorized to be cut regularly from the forest.

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 (gg) Cutting cycle is the number of years between major harvests in the same working unit and/or
region, within a rotation.

(hh) Ecosystem means the ecological community considered together with non-living factors and its
environment as a unit.

(ii) Silviculture is the establishment, development reproduction and care of forest trees.

(jj) Rationalization is the organization of a business or industry using scientific business management
principles and simplified procedures to obtain greater efficiency of operation.

(kk) Forest officer means any official or employee of the Bureau who, by the nature of his
appointment or the function of the position to which he is appointed, is delegated by law or by
competent authority to execute, implement or enforce the provisions of this Code, other related laws,
as well as their implementing regulations.

(ll) Primitive tribe is a group of endemic tribe living primitively as a distinct portion of a people from a
common ancestor.

(mm) Private right means or refers to titled rights of ownership under existing laws, and in the case of
primitive tribes, to rights of possession existing at the time a license is granted under this Code, which
possession may include places of abode and worship, burial grounds, and old clearings, but excludes
production forest inclusive of logged-over areas, commercial forests and established plantations of
forest trees and trees of economic value.

(nn) Person includes natural as well as juridical person.

CHAPTER I
ORGANIZATION AND JURISDICTION OF THE BUREAU

Section 4. Creation of, and merger of all forestry agencies into, the Bureau of Forest Development. For the
purpose of implementing the provisions of this Code, the Bureau of Forestry, the Reforestation Administration,
the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office, including applicable
appropriations, records, equipment, property and such personnel as may be necessary, are hereby merged into
a single agency to be known as the Bureau of Forest Development, hereinafter referred to as the Bureau.

Section 5. Jurisdiction of Bureau. The Bureau shall have jurisdiction and authority over all forest land, grazing
lands, and all forest reservations including watershed reservations presently administered by other government
agencies or instrumentalities.

It shall be responsible for the protection, development, management, regeneration, and reforestation of forest
lands; the regulation and supervision of the operation of licensees, lessees and permittees for the taking or use
of forest products therefrom or the occupancy or use thereof; the implementation of multiple use and sustained
yield management in forest lands; the protection, development and preservation of national parks, marine
parks, game refuges and wildlife; the implementation of measures and programs to prevent kaingin and
managed occupancy of forest and grazing lands; in collaboration with other bureaus, the effective, efficient and
economic classification of lands of the public domain; and the enforcement of forestry, reforestation, parks,
game and wildlife laws, rules, and regulations.

The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other
wood processing plants and conduct studies of domestic and world markets of forest products.

95
Section 6. Director and Assistant Director and their qualifications. The Bureau shall be headed by a Director,
who shall be assisted by one or more Assistant Directors. The Director and Assistant Directors shall be
appointed by the President.

No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural born citizen of
the Philippines, at least 30 years of age, a holder of at least a Bachelor's Degree in Forestry or its equivalent,
and a registered forester.

Section 7. Supervision and Control. The Bureau shall be directly under the control and supervision of the
Secretary of the Department of Natural Resources, hereinafter referred to as the Department Head.

Section 8. Review. All actions and decisions of the Director are subject to review, motu propio or upon appeal
of any person aggrieved thereby, by the Department Head whose decision shall be final and executory after the
lapse of thirty (30) days from receipt by the aggrieved party of said decision, unless appealed to the President in
accordance with the Executive Order No. 19, series of 1966. The Decision of the Department Head may not be
reviewed by the courts except through a special civil action for certiorari or prohibition.

Section 9. Rules and Regulations. The Department Head, upon the recommendation of the Director of Forest
Development, shall promulgate the rules and regulations necessary to implement effectively the provisions of
this Code.

Section 10. Creation of Functional Divisions, and Regional and District Offices. All positions in the merged
agencies are considered vacant. Present occupants may be appointed in accordance with a staffing pattern or
plan of organization to be prepared by the Director and approved by the Department Head. Any appointee who
fails to report for duty in accordance with the approved plan within thirty (30) days upon receipt of notification
shall be deemed to have declined the appointment, in which case the position may be filed by any other
qualified applicant.

For the efficient and effective implementation of the program of the Bureau, the following divisions and sections
are hereby created, to wit:

Divisions Sections

Planning and Evaluation Program Planning;

Performance Evaluation;
Forest Economics;
Management Analysis
Data & Information.

Administrative Division Personnel;

Budget;
Accounting;
Information;
General Services.

Legal Division

Reforestation and Afforestation Division Cooperative Planting;

Planting Stock Production;
Plantation Management.

Timber Management Division Forest Surveys, Data & Mapping;

96
 Sulviculture;
Timber Inventory & Photo-Interpretation;
Timber Management Plans;
Land Classification.

Utilization Division Timber Operations;

Land Uses;
Utilization.

Forest Protection and Infrastructure Forest Protection;

Forest Occupancy
Management;
Watershed Management; Infrastructure.

Parks, Wildlife Division Parks Management;

Recreation Management;
Wildlife Management;
Range Management.

Security and Intelligence Division

Forest Development Training Center Technical Training;

Non-Technical Training.

The Department Head may, upon recommendation of the Director, reorganize or create such other divisions,
sections of units as may be deemed necessary and to appoint the personnel there: Provided, That an employee
appointed or designated as officer-in-charge of a newly created division, section or unit, or to an existing vacant
position with a higher salary, shall receive, from the date of such appointment or designation until he is replaced
or reverted to his original position, the salary corresponding to the position temporarily held by him.

There shall be created at least eleven regional offices. In each region, there shall be as many forest districts as
may be necessary, in accordance with the extent of forest area, established work loads, need for forest
protection, fire prevention and other factors, the provisions of any law to the contrary notwithstanding: Provided,
That the boundaries of such districts shall follow, whenever possible, natural boundaries of watersheds under
the river-basin concept of management.

Section 11. Manpower Development. The Bureau shall establish and operate an in-service training center for
the purpose of upgrading and training its personnel and new employees.

The Bureau shall also set aside adequate funds to enable personnel to obtain special education and training in
local or foreign colleges or institutions.

Section 12. Performance Evaluation. The Bureau shall devise a system, to be approved by the Department
Head, to evaluate the performance of its employees. The system shall measure accomplishment in quantity and
quality of performance as related to the funded program of work assigned to each organizational unit. There
shall be included a system of periodic inspection of district offices by the regional offices and the regional and
district offices by the Central Office in both functional fields and in the overall assessment of how each
administrative unit has implemented the laws, regulations, policies, programs, and practices relevant to such
unit. The evaluation system shall provide the information necessary for annual progress reports and
determination of employee training civil service awards and transfer or disciplinary action.

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 CHAPTER II
CLASSIFICATION AND SURVEY

Section 13. System of Land Classification. The Department Head shall study, devise, determine and prescribe
the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the
public domain into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and
grazing lands, and into such other classes as now or may hereafter be provided by law, rules and regulations.

In the meantime, the Department Head shall simplify through inter-bureau action the present system of
determining which of the unclassified lands of the public domain are needed for forest purposes and declare
them as permanent forest to form part of the forest reserves. He shall decree those classified and determined
not to be needed for forest purposes as alienable and disposable lands, the administrative jurisdiction and
management of which shall be transferred to the Bureau of Lands: Provided, That mangrove and other swamps
not needed for shore protection and suitable for fishpond purposes shall be released to, and be placed under
the administrative jurisdiction and management of, the Bureau of Fisheries and Aquatic Resources. Those still
to be classified under the Present system shall continue to remain as part of the public forest.

Section 14. Existing Pasture Leases and Permits in Forest Lands. Forest lands which have been the subject of
pasture leases and permits shall remain classified as forest lands until classified as grazing lands under the
criteria, guidelines and methods of classification to be prescribed by the Department Head: Provided, That the
administration, management and disposition of grazing lands shall remain under the Bureau.

Section 15. Topography. No land of the public domain eighteen per cent (18%) in slope or over shall be
classified as alienable and disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing land.

Lands eighteen per cent (18%) in slope or over which have already been declared as alienable and disposable
shall be reverted to the classification of forest lands by the Department Head, to form part of the forest reserves,
unless they are already covered by existing titles or approved public land application, or actually occupied
openly, continuously, adversely and publicly for a period of not less than thirty (30) years as of the effectivity of
this Code, where the occupant is qualified for a free patent under the Public Land Act: Provided, That said
lands, which are not yet part of a well-established communities, shall be kept in a vegetative condition sufficient
to prevent erosion and adverse effects on the lowlands and streams: Provided, further, That when public
interest so requires, steps shall be taken to expropriate, cancel defective titles, reject public land application, or
eject occupants thereof.

Section 16. Areas needed for forest purposes. The following lands, even if they are below eighteen per cent
(18%) in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and
disposable land, to wit:

1. Areas less than 250 hectares which are far from, or are not contiguous with, any certified alienable
and disposable land;

2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring
for communal use;

3. Areas which have already been reforested;

4. Areas within forest concessions which are timbered or have good residual stocking to support an
existing, or approved to be established, wood processing plant;

5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest
lands where headwaters emanate;

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 6. Appropriately located road-rights-or-way;

7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with
channels of at least five (5) meters wide;

8. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing
oceans, lakes, and other bodies of water, and strips of land at least twenty (20) meters wide facing
lakes;

9. Areas needed for other purposes, such as national parks, national historical sites, game refuges
and wildlife sanctuaries, forest station sites, and others of public interest; and

10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge,
bird sanctuaries, national shrines, national historic sites:

Provided, That in case an area falling under any of the foregoing categories shall have been titled in favor of
any person, steps shall be taken, if public interest so requires, to have said title cancelled or amended, or the
titled area expropriated.

Section 17. Establishment of boundaries of forest lands. All boundaries between permanent forests and
alienable and disposable lands shall be clearly marked and maintained on the ground, with infrastructure or
roads, or concrete monuments at intervals of not more than five hundred (500) meters in accordance with
established procedures and standards, or any other visible and practicable signs to insure protection of the
forest.

Section 18. Reservations in forest lands and off-shore areas. The President of the Philippines may establish
within any lands of the public domain, forest reserve and forest reservation for the national park system, for
preservation as critical watersheds, or for any other purpose, and modify boundaries of existing ones. The
Department Head may reserve and establish any portion of the public forest or forest reserve as site or
experimental forest for use of the Forest Research Institute.

When public interest so requires, any off-shore area needed for the preservation and protection of its
educational, scientific, historical, ecological and recreational values including the marine life found therein, shall
be established as marine parks.

CHAPTER III
UTILIZATION AND MANAGEMENT

Section 19. Multiple use. The numerous beneficial uses of the timber, land, soil, water, wildlife, recreation value
and grass of forest lands shall be evaluated and weighted before allowing the utilization, exploitation,
occupation or possession thereof, or the conduct of any activity therein.

Only the utilization, exploitation, occupation or possession of any forest land, or any activity therein, involving
one or more or its resources, which will produce the optimum benefits to the development and progress of the
country and the public welfare, without impairment or with the least injury to its other resources, shall be
allowed.

All forest reservations may be open to uses not inconsistent with the principal objectives of the reservation:
Provided, That critical watersheds and national parks shall not be subject to logging operations.

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Section 20. License agreement, license, lease or permit. No person may utilize, exploit, occupy, possess or
conduct any activity within any forest land, or establish and operate any wood-processing plant, unless he has
been authorized to do so under a license agreement, lease, license, or permit.

Section 21. Sustained yield. All measures shall be taken to achieve an approximate balance between growth
and harvest or use of forest products in forest lands.

A. TIMBER

Section 22. Silvicultural and harvesting systems. In any logging operations in production forests within forest
lands, the proper silvicultural and harvesting systems that will promote optimum sustained yield shall be
practised.

(a) For dipterocarp forest, selective logging shall be practised.

(b) For pine forest, the seed tree system with planting when necessary shall be practised.

(c) For other types of forest, the silvicultural and harvesting system that will be found suitable by
research shall be applied. Meanwhile, a system based on observation and practices abroad may be
adopted initially.

Any practised system are subject to modification or changes based on research findings.

Section 23. Timber inventory. The Bureau shall conduct a program of progressive inventories of the
harvestable timber and young trees in all forest lands, whether covered by any license agreement, license,
lease or permit, or not, until a one hundred per cent (100%) timber inventory thereon has been achieved.

Section 24. Required inventory prior to timber utilization in forest lands. No harvest of timber in any forest land
shall be allowed unless it has been the subject of at least a five per cent (5%) timber inventory, or any
statistically sound timber estimate, made not earlier than five (5) years prior to the issuance of a license
agreement or license allowing such utilization.

Section 25. Cutting cycle. The Bureau shall apply scientific cutting cycle and rotation in all forest lands, giving
particular consideration to the age, volume and kind of healthy residual trees which may be left undisturbed and
undamaged for future harvest and forest cover indipterocarp area, and seed trees and reproduction in pine
area.

Section 26. Annual allowable cut. The annual allowable cut of any particular forest land shall be determined on
the basis of the established rotation and cutting cycle thereof, and the volume and kind of harvestable timber
and healthy residuals, seed trees and reproduction found therein.

Section 27. Duration of license agreement or license to harvest timber in forest lands. The duration of the
privilege to harvest timber in any particular forest land under a license agreement or license shall be fixed and
determined in accordance with the annual allowable cut therein, the established cutting cycle thereof, the yield
capacity of harvestable timber, and the capacity of healthy residuals for a second growth.

The privilege shall automatically terminate, even before the expiration of the license agreement of license, the
moment the harvestable timber have been utilized without leaving any logged-over area capable of commercial
utilization.

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The maximum period of any privilege to harvest timber is twenty-five (25) years, renewable for a period, not
exceeding twenty-five (25) years, necessary to utilize all the remaining commercial quantity or harvestable
timber either from the unlogged or logged-over area.

It shall be a condition for the continued privilege to harvest timber under any license or license agreement that
the licensee shall reforest all the areas which shall be determined by the Bureau.

Section 28. Size of forest concessions. Forest lands shall not be held in perpetuity.

The size of the forest lands which may be the subject of timber utilization shall be limited to that which a person
may effectively utilize and develop for a period of fifty (50) years, considering the cutting cycle, the past
performance of the applicant and his capacity not only to utilize but, more importantly, to protect and manage
the whole area, and the requirements of processing plants existing or to be installed in the region.

Forest concessions which had been the subject of consolidations shall be reviewed and re-evaluated for the
effective implementation of protection, reforestation and management thereof under the multiple use and
sustained yield concepts, and for the processing locally of the timber resources therefrom.

B. WOOD-PROCESSING

Section 29. Incentives to the wood industry. The Department Head, in collaboration with other government
agencies and the wood industry associations and other private entities in the country, shall evolve incentives for
the establishment of an integrated wood industry in designated wood industry centers and/or economic area.

The President of the Philippines, upon the recommendations of the National Economic Development Authority
and the Department Head, may establish wood industry import-export centers in selected locations: Provided,
That logs imported for such centers shall be subject to such precaution as may be imposed by the Bureau, in
collaboration with proper government agencies, to prevent the introduction of pests, insects and/or diseases
detrimental to the forests.

Section 30. Rationalization of the wood industry. While establishment of wood-processing plants shall be
encouraged, their locations and operations shall be regulated in order to rationalize the industry. No new
processing plant shall be established unless adequate raw material is available on a sustained-yield basis in the
area where the raw materials will come from.

The Department Head may cancel, suspend, or phase-out all uneconomical wood-processing plants which are
not responsive to the rationalization program of the government.

Section 31. Wood wastes, weed trees and residues. Timber licensees shall be encouraged and assisted to
gather and save the wood wastes and weed trees in their concessions, and those with processing plants, the
wood residues thereof, for utilization and conversion into wood by-products and derivatives.

Section 32. Log production and processing. Unless otherwise decreed by the President, upon recommendation
of the National Economic Development Authority, the entire production of logs by all licensees shall, beginning
January 1, 1976, be processed locally.

A licensee who has no processing plant may, subject to the approval of the Director, enter into a contract with a
wood processor for the processing of his logs. Wood processors shall accept for processing only logs cut by, or
purchased from, licensees of good standing at the time of the cutting of logs.

C. REFORESTATION

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Section 33. Forest lands to be reforested. The following shall be reforested and covered with suitable and
sufficient trees, to wit:

(a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope;

(b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope, but with soil
so highly erodible as to make grass cover inadequate for soil erosion control;

(c) Brushlands or tracts of forest lands generally covered with brush, which need to be developed to
increase their productivity;

(d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent (50%),
interspersed with patches of forest each of which is less than two hundred fifty (250) hectares in area;

(e) Denuded or inadequately-timbered areas proclaimed by the President as forest reserves and
reservations as critical watersheds, national parks, game refuge, bird sanctuaries, national shrines,
national historic sites;

(f) Inadequately-stocked forest lands within forest concessions;

(g) Portions of areas covered by pasture leases or permits having a slope of at least fifty per cent
(50%); and

(h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and beaches.

Section 34. Industrial Tree Plantations and Tree Farms. A lease for a period of twenty-five (25) years,
renewable for another period not exceeding twenty-five (25) years, for the establishment of an industrial tree
plantation or a tree farm may be granted by the Department Head upon recommendation of the Director to any
person qualified to develop and exploit natural resources, over timber or forest lands of the public domain
categorized in Section 33 hereof, with a minimum area of One Thousand (1,000) hectares for industrial tree
plantation and One Hundred (100) hectares for tree farm; Provided, That the size of the area that may be
granted under each category shall in each case depend upon the capacity of the lessee to develop or convert
the area into productive condition within the term of the lease; Provided, further, That no lease shall be granted
within critical watersheds.

Scattered areas of less than One Hundred (100) hectares each may be leased for the establishment of tree
farms to different qualified persons upon a showing that if developed as an integrated unit these areas can be
economically exploited: Provided, That it shall be a condition of the lease that such persons organize
themselves into a cooperative to ensure the orderly management thereof.

The lease may be granted under such terms and conditions as the Department Head may prescribe, taking into
account, among others, the raw material needs of forest-based industries and the maintenance of a wholesome
ecological balance.

Reforestation projects of the Government, or portions thereof which, upon field evaluation, are found to be more
suitable for, or can be better developed as, industrial tree plantations or tree farms in terms of benefits to the
Government and the general surrounding area, may be the subject of the lease under this section.

Section 35. Priority. Over any suitable area covered by a timber license agreement, or a pasture lease
agreement or permit, the priority to establish industrial forest plantation or tree farm shall be given to the holder
thereof.

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The priority herein granted must, however, be availed of within a reasonable period to be determined by the
Department Head, otherwise, the area shall be declared open to any qualified person and consequently
segregated from the holder's area.

Section 36. Incentives. To encourage qualified persons to engage in industrial tree plantation and/or tree
farming, the following incentives are granted:

(a) Payment of a nominal filing fee of fifty centavos (P0.50) per hectare;

(b) No rental shall be collected during the first five (5) years from the date of the lease; from the sixth
year to the tenth year, the annual rental shall be fifty centavos (P0.50) per hectare; and thereafter, the
annual rental shall be one peso (P1.00) per hectare: Provided, That lessees of areas long denuded
as certified by the Director and approved by the Department Head, shall be exempted from the
payment of rental for the full term of the lease which shall not exceed twenty-five (25) years; for the
first five (5) years following the renewal of the lease, the annual rental shall be fifty centavos (P0.50)
per hectare; and thereafter, the annual rental shall be one peso (P1.00) per hectare.

(c) The lessee shall pay forest charges on the timber and other forest products grown and cut or
gathered in an industrial tree plantation or tree farm equivalent to six percent (6%) current market
value thereof;

(d) Sale at cost of seedlings and free technical advice and assistance to persons who will develop
their privately-owned lands into industrial tree plantation or tree farm;

(e) Exemption from the payment of the percentage tax levied in Title V of the National Internal
Revenue Code when the timber and forest products are sold, bartered or exchanged by the lessee
whether in their original state or not;

(f) The Board of Investments shall, notwithstanding its nationality requirement on projects involving
natural resources, classify industrial tree plantations and tree farms as pioneer areas of investment
under its annual priority plan, to be governed by the rules and regulations of said Board. A lessee of
an industrial tree plantation or tree farm may either apply to the Board of Investments for the tax and
other benefits thereunder, or avail of the following benefits:

1. Amounts expended by a lessee in the development and operation of an industrial tree

plantation or tree farm prior to the time when the production state is reached, may, at the
option of said lessee, be regarded as ordinary and necessary business expenses or as
capital expenditures; and

2. Deduction from an investor's taxable income for the year, of an annual investment
allowance equivalent to thirty-three and one-third per cent (33-1/3%) of his actual
investment during the year in an enterprise engaged in industrial tree plantation or tree
farm: Provided, That such investment shall not be withdrawn for a period of at least ten (10)
years from the date of investment: Provided, further, That should the investment be
withdrawn within such period, a tax equivalent to double the amount of the total income tax
rebate resulting from the investment allowance shall be payable as a lump sum in addition
to the income tax due from the taxpayer for the year the investment was withdrawn.

(g) Except when public interest demands the alteration or modification, the boundaries of an area
covered by an industrial tree plantation or tree farm lease, once established on the ground, shall not
be altered or modified; and

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 (h) A lessee shall not be subject to any obligation prescribed in, or arising out of, the provisions of the
National Internal Revenue Code on withholding of tax at source upon interests paid on borrowings
incurred for development and operation of the industrial tree plantation or tree farm.

The Department Head may provide other incentives in addition to those hereinabove granted to promote
industrial tree plantation and tree farms in special areas such as, but not limited to, those where there are no
roads or where roads are inadequate, or areas with rough topography and remote areas far from processing
plants.

All amounts collected under this section shall accrue to a special deposit of the Bureau to be used for
reforestation of critical watersheds or degraded areas and other development activities, over and above the
general appropriation of the said Bureau.

D. FOREST PROTECTION

Section 37. Protection of all resources. All measures shall be taken to protect the forest resources from
destruction, impairment and depletion.

Section 38. Control of concession area. In order to achieve the effective protection of the forest lands and the
resources thereof from illegal entry, unlawful occupation, kaingin, fire, insect infestation, theft, and other forms
of forest destruction, the utilization of timber therein shall not be allowed except through license agreements
under which the holders thereof shall have the exclusive privilege to cut all the allowable harvestable timber in
their respective concessions, and the additional right of occupation, possession, and control over the same, to
the exclusive of all others, except the government, but with the corresponding obligation to adopt all the
protection and conservation measures to ensure the continuity of the productive condition of said areas,
conformably with multiple use and sustained yield management.

If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize any
softwood, hardwood or mangrove species therein, a license may be issued to another person for the harvest
thereof without any right of possession or occupation over the areas where they are found, but he shall,
likewise, adopt protection and conservation measures consistent with those adopted by the license agreement
holder in the said areas.

Section 39. Regulation of timber utilization in all other classes of lands and of wood-processing plants. The
utilization of timber in alienable and disposable lands, private lands, civil reservations, and all lands containing
standing or felled timber, including those under the jurisdiction of other government agencies, and the
establishment and operation of saw-mills and other wood-processing plants, shall be regulated in order to
prevent them from being used as shelters for excessive and unauthorized harvests in forest lands, and shall not
therefore be allowed except through a license agreement, license, lease or permit.

Section 40. Timber inventory in other lands containing standing or felled timber. The Bureau shall conduct a
one hundred per cent (100%) timber inventory in alienable and disposable lands and civil reservations
immediately upon classification or reservation thereof.

No harvest of standing or felled timber in alienable and disposable lands, private lands, civil reservation, and all
other lands, including those under the jurisdiction of other government agencies, shall be allowed unless a one
hundred per cent (100%) timber inventory has been conducted thereon.

Section 41. Sworn timber inventory reports. All reports on timber inventories of forest lands, alienable and
disposable lands, private lands, civil reservations, and all lands containing standing or felled timber must be
subscribed and sworn to by all the forest officers who conducted the same.

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Section 42. Participation in the development of alienable and disposable lands and civil reservations. The
privilege to harvest timber in alienable and disposable lands and civil reservations shall be given to those who
can best help in the delineation and development of such areas in accordance with the management plan of the
appropriate government exercising jurisdiction over the same.

The extent of participation shall be based on the amount of timber which may be harvested therefrom.

Section 43. Swamplands and mangrove forests. Strips of mangrove forest bordering numerous islands which
protect the shoreline, the shoreline roads, and even coastal communities from the destructive force of the sea
during high winds and typhoons, shall be maintained and shall not be alienated. Such strips must be kept from
artificial obstruction so that flood water will flow unimpeded to the sea to avoid flooding or inundation of
cultivated areas in the upstream.

All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation.

Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes
which are not utilized, or which have been abandoned for five (5) years from the date of such release shall
revert to the category of forest land.

Section 44. Visitorial power. The Department Head may, by himself or thru the Director or any qualified person
duly designated by the Department Head, investigate, inspect and examine records, books and other
documents relating to the operation of any holder of a license agreement, license, lease, or permit, and its
subsidiary or affiliated companies, to determine compliance with the terms and conditions thereof, this Code
and pertinent laws, policies, rules and regulations.

Section 45. Authority of forest officers. When in the performance of their official duties, forest officers, or other
government officials or employees duly authorized by the Department Head or Director, shall have free entry
into areas covered by a license agreement, license, lease or permit.

Forest officers are authorized to administer oath and take acknowledgment in official matters connected with
the functions of their office, and to take testimony in official investigations conducted under the authority of this
Code and the implementing rules and regulations.

Section 46. Scaling stations. In collaboration with appropriate government agencies, the Bureau shall establish
control or scaling stations at suitably located outlets of timber and other forest products to insure that they were
legally cut or harvested.

Section 47. Mining operations. Mining operations in forest lands shall be regulated and conducted with due
regard to protection, development and utilization of other surface resources.

Location, prospecting, exploration, utilization or exploitation of mineral resources in forest reservations shall be
governed by Mining laws, rules and regulations. No location, prospecting, exploration, utilization, or exploitation
of mineral resources inside forest concessions shall be allowed unless proper notice has been served upon the
licensees thereof and the prior approval of the Director, secured.

Mine tailings and other pollutants affecting the health and safety of the people, water, fish, vegetation, animal
life and other surface resources, shall be filtered in silt traps or other filtration devices and only clean exhausts
and liquids shall be released therefrom.

Surface-mined areas shall be restored to as near its former natural configuration or as approved by the Director
prior to its abandonment by the mining concern.

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Section 48. Mineral Reservations. Mineral reservations which are not the subject of mining operations or where
operations have been suspended for more than five (5) years shall be placed under forest management by the
Bureau.

Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals shall
revert to the category of forest land, unless otherwise reserved for other purposes.

Section 49. Roads and other infrastructure. Roads and other infrastructure in forest lands shall be constructed
with the least impairment to the resource values thereof.

Government agencies undertaking the construction of roads, bridges, communications, and other infrastructure
and installations inside forest lands, shall coordinate with the Bureau, especially if it will involve the utilization or
destruction of timber and/or other forest resources, or watershed disturbance therein, in order to adopt
measures to avoid or reduce damage or injury to the forest resource values.

They shall likewise extend assistance in the planning and establishment of roads, wharves, piers, port facilities,
and other infrastructure in locations designated as wood-processing centers or for the convenience of wood-
based industries.

In order to coincide and conform to government plans, programs, standards, and specifications, holders of
license agreements, licenses, leases and permits shall not undertake road or infrastructure construction or
installation in forest lands without the prior approval of the Director, or in alienable and disposable lands, civil
reservations and other government lands, without the approval of the government agencies having
administrative jurisdiction over the same.

All roads and infrastructure constructed by holders of license agreements, licenses, leases and permits belong
to the State and the use and administration thereof shall be transferred to the government immediately upon the
expiration or termination thereof. Prior thereto the Bureau may authorize the public use thereof, if it will not be
detrimental to forest conservation measures.

Where roads are utilized by more than one commercial forest user, the Bureau shall prescribe the terms and
conditions of joint use including the equitable sharing of construction and/or maintenance costs, and of the use
of these roads by other parties and the collection of such fees as may be deemed necessary.

Section 50. Logging roads. There shall be indiscriminate construction of logging roads.

Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting,
unnecessary damage or injury to healthy residuals, and erosion. Their construction must not only serve the
transportation need of the logger but, most importantly, the requirement to save as many healthy residuals as
possible during cutting and hauling operations.

Section 51. Management of occupancy in forest lands. Forest occupancy shall henceforth be managed. The
Bureau shall study, determine and define which lands may be the subject of occupancy and prescribed therein,
an agro-forestry development program.

Occupants shall undertake measures to prevent and protect forest resources.

Any occupancy in forest land which will result in sedimentation, erosion, reduction in water yield and impairment
of other resources to the detriment of community and public interest shall not be allowed.

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In areas above 50% in slope, occupation shall be conditioned upon the planting of desirable trees thereon
and/or adoption of other conservation measures.

Section 52. Census of kaingineros, squatters, cultural minorities and other occupants and residents in forest
lands. Henceforth, no person shall enter into forest lands and cultivate the same without lease or permit.

A complete census of kaingineros, squatters, cultural minorities and other occupants and residents in forest
lands with or without authority or permits from the government, showing the extent of their respective
occupation and resulting damage, or impairment of forest resources, shall be conducted.

The Bureau may call upon other agencies of the government and holders of license agreement, license, lease
and permits over forest lands to participate in the census.

Section 53. Criminal Prosecution. Kaingineros, squatters, cultural minorities and other occupants who entered
into forest lands before the effectivity of this Code, without permits or authority, shall not be prosecuted:
Provided, That they do not increase their clearings: Provided, further, That they undertake, within two (2)
months from the notice thereof, the activities which will be imposed upon them by the Bureau in accordance
with a management plan calculated to conserve and protect forest resources.

E. SPECIAL USES

Section 54. Pasture in forest lands. No forest land 50% in slope or over may be utilized for pasture purposes.

Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect soil,
water and other forest resources.

If grass cover is insufficient, the same shall be supplemented with trees or such vegetative cover as may be
deemed necessary.

The size of forest lands that may be allowed for pasture and other special uses shall be determined by rules
and regulations, any provision of law to the contrary notwithstanding.

Section 55. Wildlife. Wildlife may be destroyed, killed, consumed, eaten or otherwise disposed of, without the
necessity of permit, for the protection of life, health, safety and property, and the convenience of the people.

However, the Director may regulate the killing and destruction of wildlife in forest lands in order to maintain an
ecological balance of flora and fauna.

Section 56. Recreation. The Bureau shall, in the preparation of multiple-use management plans, identify and
provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and
tourism, and plan for the development and protection of such areas to attract visitors thereto and meet
increasing demands therefor.

The construction and operation of necessary facilities to accommodate outdoor recreation shall be done by the
Bureau with the use of funds derived from rentals and fees for the operation and use of recreational facilities by
private persons or operators, in addition to whatever funds may be appropriated for such purposes.

Section 57. Other special uses of forest lands. Forest lands may be leased for a period not exceeding twenty-
five (25) years, renewable upon the expiration thereof for a similar period, or held under permit, for the
establishment of sawmills, lumber yards, timber depots, logging camps, rights-of-way, or for the construction of

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sanatoria, bathing establishments, camps, salt works, or other beneficial purposes which do not in any way
impair the forest resources therein.

F. QUALIFICATIONS

Section 58. Diffusion of benefits. The privilege to utilize, exploit, occupy, or possess forest lands, or to conduct
any activity therein, or to establish and operate wood-processing plants, shall be diffused to as many qualified
and deserving applicants as possible.

Section 59. Citizenship. In the evaluation of applications of corporations, increased Filipino equity and
participation beyond the 60% constitutional limitation shall be encouraged. All other factors being equal, the
applicant with more Filipino equity and participation shall be preferred.

Section 60. Financial and technical capability. No license agreement, license, lease or permit over forest lands
shall be issued to an applicant unless he proves satisfactorily that he has the financial resources and technical
capability not only to minimize utilization, but also to practice forest protection, conservation and development
measures to insure the perpetuation of said forest in productive condition.

Section 61. Transfers. Unless authorized by the Department Head, no licensee, lessee, or permittee may
transfer, exchange, sell or convey his license agreement, license, lease or permit, or any of his rights or
interests therein, or any of his assets used in connection therewith.

The licensee, lessee, or permittee shall be allowed to transfer or convey his license agreement, license, lease
or permit only if he has not violated any forestry law, rule or regulation; has been faithfully complying with the
terms and conditions of the license agreement, license, lease or permit; the transferee has all the qualifications
and none of the disqualifications to hold a license agreement, license, lease or permit; there is no evidence that
such transfer or conveyance is being made for purposes of speculation; and the transferee shall assume all the
obligations of the transferor.

The transferor shall forever be barred from acquiring another license agreement, license, lease or permit.

Section 62. Service contracts. The Department Head, may in the national interest, allow forest products
licensees, lessees, or permittees to enter into service contracts for financial, technical, management, or other
forms of assistance, in consideration of a fee, with any foreign person or entity for the exploration, development,
exploitation or utilization of the forest resources, covered by their license agreements, licenses, leases or
permits. Existing valid and binding service contracts for financial, technical, management or other forms of
assistance are hereby recognized as such.

Section 63. Equity sharing. Every corporation holding a license agreement, license, lease or permit to utilize,
exploit, occupy or possess any forest land, or conduct any activity therein, or establish and operate a wood-
processing plant, shall within one (1) year after the effectivity of this Code, formulate and submit to the
Department Head for approval a plan for the sale of at least twenty percent (20%) of its subscribed capital stock
in favor of its employees and laborers.

The plan shall be so implemented that the sale of the shares of stock shall be effected by the corporation not
later than the sixth year of its operation, or the first year of the effectivity of this Code, if the corporation has
been in operation for more than 5 years prior to such effectivity.

No corporation shall be issued any license agreement, license, lease or permit after the effectivity of this Code,
unless it submits such a plan and the same is approved for implementation within the sixth year of its operation.

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The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this
section, particularly on the determination of the manner of payment, factors affecting the selling price,
establishment of priorities in the purchase of the shares of stock, and the capability of the deserving employees
and laborers. The industries concerned shall extend all assistance in the promulgation of policies on the matter,
such as the submission of all data and information relative to their operation, personnel management, and asset
evaluation.

G. REGULATORY FEES

Section 64. Charges, fees and bonds. The Department Head, upon recommendation of the Director, shall fix
the amount of charges, rental, bonds and fees for the different kinds of utilization, exploitation, occupation,
possession, or activity inside forest lands, the filing and processing of applications therefor, the issuance and
renewal of license agreements, licenses, leases and permits, and for other services; Provided, That all fees and
charges presently being collected under existing laws and regulations shall continue to be imposed and
collected until otherwise provided; Provided, further, That timber taken and removed from private lands for
commercial purposes shall be exempt from the payment of forest charges.

Section 65. Authority of Department Head to impose other fees. In addition to the fees and charges imposed
under existing laws, rules and regulations, the Department Head is hereby authorized, upon recommendation of
the Director and in consultation with representatives of the industries affected, to impose other fees for forest
protection, management, reforestation, and development, the proceeds of which shall accrue into a special
deposit of the Bureau as its revolving fund for the aforementioned purposes.

Section 66. Collection and Disbursement. The collection of the charges and fees above-mentioned shall be the
responsibility of the Director or his authorized representative. The Director shall remit his monthly collection of
fees and charges mentioned in Section 64 to the Treasurer of the Philippines within the first ten (10) days of the
succeeding month; Provided, That the proceeds of the collection of the fees imposed under Section 65 and the
special deposit heretofore required of licensees shall be constituted into a revolving fund for such purposes and
be deposited in the Philippine National Bank, as a special deposit of the Bureau. The Budget Commissioner
and the National Treasurer shall effect the quarterly releases out of the collection accruing to the general fund
upon request of the Director on the basis of a consolidated annual budget of a work program approved by the
Department Head and the President.

In the case of the special deposit revolving fund, withdrawals therefrom shall be effected by the Department
Head on the basis of a consolidated annual budget prepared by the Director of a work program for the specific
purposes mentioned in Section 65.

Section 67. Basis of Assessment. Tree measurement shall be the basis for assessing government charges and
other fees on timber cut and removed from forest lands, alienable or disposable lands, and the civil
reservations; Provided, That until such time as the mechanics of tree measurement shall have been developed
and promulgated in rules and regulations, the present scaling method provided for in the National Internal
Revenue Code shall be used.

The Director may, with the approval of the Department Head, prescribe a new method of assessment of forest
products and collection of charges thereon based upon the result of production cost and market studies
undertaken by the Bureau; Provided, That such charges shall not be lower than those now imposed.

CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES

Section 68. Cutting, gathering and/or collecting timber or other products without license. Any person who shall
cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and
disposable public lands, or from private lands, without any authority under a license agreement, lease, license
or permit, shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised

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Penal Code; Provided, That in the case of partnership, association or corporation, the officers who ordered the
cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the
penalty, be deported without further proceedings on the part of the Commission on Immigration and
Deportation.

The Court shall further order the confiscation in favor of the government of the timber or forest products to cut,
gathered, collected or removed, and the machinery, equipment, implements and tools used therein, and the
forfeiture of his improvements in the area.

The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual
disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or permittee who
cuts timber from the licensed or leased area of another, without prejudice to whatever civil action the latter may
bring against the offender.

Section 69. Unlawful occupation or destruction of forest lands. Any person who enters and occupies or
possesses, or makes kaingin for his own private use or for others any forest land without authority under a
license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or
causes any damage to the timber stand and other products and forest growths found therein, or who assists,
aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land
shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00) nor more than
twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more than two (2)
years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges
which would have been accrued had the occupation and use of the land been authorized under a license
agreement, lease, license or permit: Provided, That in the case of an offender found guilty of making kaingin,
the penalty shall be imprisoned for not less than two (2) nor more than (4) years and a fine equal to eight (8)
times the regular forest charges due on the forest products destroyed, without prejudice to the payment of the
full cost of restoration of the occupied area as determined by the Bureau.

The Court shall further order the eviction of the offender from the land and the forfeiture to the Government of
all improvements made and all vehicles, domestic animals and equipment of any kind used in the commission
of the offense. If not suitable for use by the Bureau, said vehicles shall be sold at public auction, the proceeds of
which shall accrue to the Development Fund of the Bureau.

In case the offender is a government official or employee, he shall, in addition to the above penalties, be
deemed automatically dismissed from office and permanently disqualified from holding any elective or
appointive position.

Section 70. Pasturing Livestock. Imprisonment for not less than six (6) months nor more than two (2) years and
a fine equal to ten (10) times the regular rentals due, in addition to the confiscation of such livestock and all
improvement introduced in the area in favor of the government, shall be imposed upon any person, who shall,
without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands and
alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act;
Provided, That in case the offender is a corporation, partnership or association, the officers and directors
thereof shall be liable.

Section 71. Illegal occupation of national parks system and recreation areas and vandalism therein. Any person
who shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any
manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover and other natural
resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic value within
areas in the national parks system, shall be fined not less than two hundred (P200.00) pesos or more than five
hundred (P500.00) pesos exclusive of the value of the thing damaged; Provided, That if the area requires
rehabilitation or restoration as determined by the Director, the offender shall also be required to restore or
compensate for the restoration of the damage; Provided, Further, That any person who, without proper permit
shall hunt, capture or kill any kind of bird, fish or wild animal life within any area in the national parks system
shall be subject to the same penalty; Provided, Finally, That the Court shall order eviction of the offender from

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the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other
natural resources collected or removed, and any construction or improvement made thereon by the offender. If
the offender is an association or corporation, the president or manager shall be directly responsible and liable
for the act of his employees or laborers.

In the event that an official of a city or municipal government is primarily responsible for detecting and
convicting the violator of the provisions of this Section, fifty per centum (50%) of the fine collected shall accrue
to such municipality or city for the development of local parks.

Section 72. Destruction of wildlife resources. Any person violating the provisions of Section 55 of this Code, or
the regulations promulgated thereunder, shall be fined not less than one hundred (P100.00) pesos for each
such violation and in addition shall be denied a permit for a period of three (3) years from the date of the
violation.

Section 73. Survey by unauthorized person. Imprisonment for not less than two (2) nor more than four (4)
years, in addition to the confiscation of the implements used in the violation of this section including the
cancellation of the license, if any, shall be imposed upon any person who shall, without permit to survey from
the Director, enter any forest lands, whether covered by a license agreement, lease, license, or permit, or not,
and conduct or undertake a survey for whatever purpose.

Section 74. Misclassification and survey by government official or employee. Any public officer or employee
who knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable lands
contrary to the criteria and standards established in this Code, or the rules and regulations promulgated
hereunder, shall, after an appropriate administrative proceeding, be dismissed from the service with prejudice to
re-employment, and upon conviction by a court of competent jurisdiction, suffer an imprisonment of not less
than one (1) year and a fine of not less than one thousand, (P1,000.00) pesos. The survey, classification or
release of forest lands shall be null and void.

Section 75. Tax declaration on real property. Imprisonment for a period of not less than two (2) nor more than
four (4) years and perpetual disqualification from holding an elective or appointive office, shall be imposed upon
any public officer or employee who shall issue a tax declaration on real property without a certification from the
Director of Forest Development and the Director of Lands or their duly designated representatives that the area
declared for taxation is alienable and disposable lands, unless the property is titled or has been occupied and
possessed by members of the national cultural minorities prior to July 4, 1955.

Section 76. Coercion and influence. Any person who coerces, influences, abets or persuades the public officer
or employee referred to in the two preceding sections to commit any of the acts mentioned therein shall suffer
imprisonment of not less than one (1) year and pay a fine of five hundred (P500.00) pesos for every hectare or
a fraction thereof so improperly surveyed, classified or released.

Section 77. Unlawful possession of implements and devices used by forest officers. Imprisonment for a period
of not less than (2) nor more than four (4) years and a fine of not less than one thousand pesos (P1,000.00),
nor more than ten thousand (P10,000.00) pesos in addition to the confiscation of such implements and devices,
and the automatic cancellation of the license agreement, lease, license or permit, if the offender is a holder
thereof, shall be imposed upon any person who shall, without authority from the Director or his authorized
representative, make, manufacture, or has in his possession any government marking, hatchet or other marking
implement, or any marker, poster, or other devices officially used by officers of the Bureau for the marking or
identification of timber or other products, or any duplicate, counterfeit, or imitation thereof, or make or apply a
government mark on timber or any other forest products by means of any authentic or counterfeit device, or
alter, deface, or remove government marks or signs, from trees, logs, stumps, firewoods or other forest
products, or destroy, deface, remove or disfigure any such mark, sign, poster or warning notices set by the
Bureau to designate the boundaries of cutting areas, municipal or city forest or pasture, classified timber land,
forest reserve, and areas under the national park system or to make any false mark or imitation of any mark or
sign herein indicated; Provided, That if the offender is a corporation, partnership or association, the officers and
directors thereof shall be liable.

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Section 78. Payment, collection and remittance of forest charges. Any person who fails to pay the amount due
and payable under the provisions of this Code, the National Internal Revenue Code, or the rules and regulations
promulgated thereunder, shall be liable to the payment of a surcharge of twenty-five per centum (25%) of the
amount due and payable.

Any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to the
provisions of this Code or the National Internal Revenue Code, or who delays, obstructs or prevents the same,
or who orders, causes or effects the transfer or diversion of the funds for purposes other than those specified in
this Code, for each such offense shall, upon conviction, be punished by a fine of not exceeding one hundred
thousand pesos (P100,000.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion
of the Court. If the offender is a government official or employee, he shall, in addition, be dismissed from the
service with prejudice to reinstatement and with disqualification from holding any elective or appointive office.

If the offender is a corporation, partnership or association, the officers and directors thereof shall be liable.

Section 79. Sale of wood products. No person shall sell or offer for sale any log, lumber, plywood or other
manufactured wood products in the international or domestic market unless he complies with grading rules and
established or to be established by the Government.

Failure to adhere to the established grading rules and standards, or any act of falsification of the volume of logs,
lumber, or other forest products shall be a sufficient cause for the suspension of the export, sawmill, or other
license or permit authorizing the manufacture or sale of such products for a period of not less than two (2)
years.

A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading
rules.

Every dealer in lumber and other building material covered by this Code shall issue an invoice for each sale of
such material and such invoice shall state that the kind, standard and size of material sold to each purchaser in
exactly the same as described in the invoice. Any violation of this Section shall be sufficient ground for the
suspension of the dealer's license for a period of not less than two (2) years and, in addition thereto, the dealer
shall be punished for each such offense by a fine of not less than two hundred pesos (P200.00) or the total
value of the invoice, whichever is greater.

Section 80. Arrest; Institution of criminal actions. A forest officer or employee of the Bureau shall arrest even
without warrant any person who has committed or is committing in his presence any of the offenses defined in
this Chapter. He shall also seize and confiscate, in favor of the Government, the tools and equipment used in
committing the offense, and the forest products cut, gathered or taken by the offender in the process of
committing the offense. The arresting forest officer or employee shall thereafter deliver within six (6) hours from
the time of arrest and seizure, the offender and the confiscated forest products, tools and equipment to, and file
the proper complaint with, the appropriate official designated by law to conduct preliminary investigations and
file informations in court.

If the arrest and seizure are made in the forests, far from the authorities designated by law to conduct
preliminary investigations, the delivery to, and filing of the complaint with, the latter shall be done within a
reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery. The seized
products, materials and equipment shall be immediately disposed of in accordance with forestry administrative
orders promulgated by the Department Head.

The Department Head may deputize any member or unit of the Philippine Constabulary, police agency,
barangay or barrio official, or any qualified person to protect the forest and exercise the power or authority
provided for in the preceding paragraph.

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Reports and complaints regarding the commission of any of the offenses defined in this Chapter, not committed
in the presence of any forest officer or employee, or any of the deputized officers or officials, shall immediately
be investigated by the forest officer assigned in the area where the offense was allegedly committed, who shall
thereupon receive the evidence supporting the report or complaint.

If there is prima facie evidence to support the complaint or report, the investigating forest officer shall file the
necessary complaint with the appropriate official authorized by law to conduct a preliminary investigation of
criminal cases and file an information in Court.

SPECIAL CLAUSES

Section 81. Separability Clause. Should any provision herein be subsequently declared unconstitutional, the
same shall not affect the validity or the legality of the other provisions.

Section 82. Repealing Clause. Presidential Decree Nos. 330, and 389, C.A. No. 452, R.A. No. 4715 and all
laws, orders, rules and regulations or any part thereof which are inconsistent herewith are hereby repealed or
amended accordingly.

Section 83. Date of Effectivity. This Code shall take effect immediately upon promulgation.

PRESIDENTIAL DECREE No. 968

July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall
apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree numbered
Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires,
be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

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 (c) "Probation Officer" means one who investigates for the court a referral for probation or supervises
a probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application
for probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken from
the sentence of conviction. The filing of the application shall be deemed a waver of the right to appeal, or the
automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior investigation
by the probation officer and a determination by the court that the ends of justice and the best interest of the
public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the probation officer under
Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the Secretary
of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation not later than five days after receipt of said
report.

Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed
on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail was filed or
that the defendant is incapable of filing one, the court may allow the release of the defendant on recognize the
custody of a responsible member of the community who shall guarantee his appearance whenever required by
the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on
probation, the court shall consider all information relative, to the character, antecedents, environment, mental
and physical condition of the offender, and available institutional and community resources. Probation shall be
denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

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 (c) who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by said
officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in
a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written approval;
or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive
of his liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which time
the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with

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any of the conditions prescribed in the said order or his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or the probation officer of the filing such an application so
as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period or
conditions of probation.

Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be under
the control of the court who placed him on probation subject to actual supervision and visitation by a probation
officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him
shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such a case, a
copy of the probation order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall
have the power with respect to him that was previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one
year shall not exceed two years, and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than
twice the total number of days of subsidiary imprisonment as computed at the rate established, in
Article thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue a
warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer, once
arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and
summary, of the violation charged. The defendant may be admitted to bail pending such hearing. In such a
case, the provisions regarding release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. If the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.

Section 16. Termination of Probation. After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was
granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

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Section 17. Confidentiality of Records. The investigation report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court concerned, except that the court, in its discretion, may permit the
probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best interest
of the probationer make such disclosure desirable or helpful: Provided, Further, That, any government office or
agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby created under the Department of Justice an agency
to be known as the Probation Administration herein referred to as the Administration, which shall exercise
general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the proper
execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He shall
hold office during good behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall
be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the
methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to
achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall
assist the Administrator perform such duties as may be assigned to him by the latter and as may be provided by
law. In the absence of the Administrator, he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-six
thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five years of
age, holder of a master's degree or its equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration, or related fields, and
should have at least five years of supervisory experience, or be a member of the Philippine Bar with at least
seven years of supervisory experience.

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Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices
organized in accordance with the field service area patterns established under the Integrated Reorganization
Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of
the Philippines in accordance with the Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual salary of at
least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with an annual
salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each province
and city who shall be appointed by the Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to
act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation
Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments and
to take depositions in connection with their duties and functions under this Decree. They shall also have, with
respect to probationers under their care, the powers of police officer.

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Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person
shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses at
least a bachelor's degree with a major in social work, sociology, psychology, criminology, penology, corrections,
police science, administration, or related fields and has at least three years of experience in work requiring any
of the abovementioned disciplines, or is a member of the Philippine Bar with at least three years of supervisory
experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice shall
organize the administrative structure of the Administration and the other agencies created herein. During said
period, he shall also determine the staffing patterns of the regional, provincial and city probation offices with the
end in view of achieving maximum efficiency and economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be necessary to enable them to carry out their duties
effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as probation
aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel allowance.
They shall hold office for such period as may be determined by the Probation Administrator. Their qualifications
and maximum case loads shall be provided in the rules promulgated pursuant to this Decree.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from
six months and one day to six years and a fine ranging from hundred to six thousand pesos shall be imposed
upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five Hundred
Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not otherwise
appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten Million Five
Hundred Thousand Pesos or so much as may be necessary shall be included in the annual appropriations of
the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or inconsistent
with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or
unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the application
of its substantive provisions concerning the grant of probation shall only take effect twelve months after the
certification by the Secretary of Justice to the Chief Justice of the Supreme Court that the administrative
structure of the Probation Administration and of the other agencies has been organized.

REPUBLIC ACT No. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE “PROBATION
LAW OF 1976”, AS AMENDED

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SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to read as
follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty and upon application by said defendant within
the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem best. No application for probation
shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction:
Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed,
and such judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed
to apply for probation based on the modified decision before such decision becomes final. The application for
probation based on the modified decision shall be filed in the trial court where the judgment of conviction
imposing a non-probationable penalty was rendered, or in the trial court where such case has since been re-
raffled. In a case involving several defendants where some have taken further appeal, the other defendants
may apply for probation by submitting a written application and attaching thereto a certified true copy of the
judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in the
judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified
decision which already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of
the application shall be deemed a waiver of the right to appeal.1âwphi1

“An order granting or denying probation shall not be appealable.”

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and/or a fine of more than one thousand pesos
(P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.”

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 16. Termination of Probation. — After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon
the case is deemed terminated.

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 “The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended
as a result of his conviction and to totally extinguish his criminal liability as to the offense for which
probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such order.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. — Regional,
Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their duties and
functions under this Decree. They shall also have, with respect to probationers under their care, the
powers of a police officer. They shall be considered as persons in authority.”

SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation Officers
shall be assisted by such field assistants and subordinate personnel as may be necessary to enable
them to carry out their duties effectively.”

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole
Officers in the supervised treatment program of the probationers, the Probation Administrator may
appoint citizens of good repute and probity, who have the willingness, aptitude, and capability to act
as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.

“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance in office and maximum case loads shall be further
prescribed under the implementing rules and regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation office.
In order to strengthen the functional relationship of VPAs and the Probation Administrator, the latter
shall encourage and support the former to organize themselves in the national, regional, provincial,
and city levels for effective utilization, coordination, and sustainability of the volunteer program.”

SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the provisions hereof not
affected by such declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules and regulations or
parts thereof which are inconsistent with this Act are hereby amended, repealed or modified accordingly.

SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following its enactment into law.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the approval of this Act, the
Department of Justice shall promulgate such rules and regulations as may be necessary to carry out the
provisions of this Act.

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SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the Official Gazette or
in two (2) newspapers of general circulation.

REPUBLIC ACT No. 9262

March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES

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;

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 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
mental 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.

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 (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;

(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:

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 (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 Section 5 hereof shall
be punished according to the following rules:

(a) Acts falling under Section 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 Section 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 Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 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 section.

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.

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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 Section 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 Section 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;

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 (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 section shall be granted even in the absence of a decree of
legal separation or annulment or declaration of absolute nullity 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 Section 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:

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 (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 Section 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 Section 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

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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 Section 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 section without
justifiable cause shall render the official or judge administratively liable.

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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 Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sections 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.

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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.

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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.
Section 7 of the Family Courts Act of 1997 and Sections 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 Section 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'

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 (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.

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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 section 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.

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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 section or provision of this Act is held unconstitutional or invalid, the
other sections or provisions shall not be affected.

SECTION 49. 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 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in
at least two (2) newspapers of general circulation.

REPUBLIC ACT No. 10883

An Act Providing for a New Anti-Carnapping Law of the Philippines

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title. - This Act shall be known as the "New Anti-Carnapping Act of 2016".

Section 2. Definition of Terms. - As used in this Act:

(a) Body building refers to a job undertaken on a motor vehicle in order to replace its entire body with
a new body;

(b) Defacing or tampering with a serial number refers to the altering, changing, erasing, replacing or
scratching of the original factory inscribed serial number on the motor vehicle engine, engine block or
chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its
engine, engine block or chassis which is different from that which is listed in the records of the Bureau
of Customs for motor vehicle imported into the Philippines, that motor vehicle shall be considered to
have a defaced or tampered serial number;

(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a motor vehicle;

(d) Identity transfer refers to the act of transferring the engine number, chassis number, body tag
number, plate number, and any other identifying marks of a motor vehicle declared as "total wreck" or
is beyond economic repair by concerned car insurance companies and/or law enforcement agencies

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 after its involvement in a vehicular accident or other incident and registers the same into another
factory-made body or vehicle unit, of the same classification, type, make or model;

(e) Motor vehicle refers to any vehicle propelled by any power other than muscular power using the
public highways, except road rollers, trolley cars, street sweepers, sprinklers, lawn mowers,
bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways; vehicles
which run only on rails or tracks; and tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or
intended to be propelled by attachment to a motor vehicle, shall be classified as a separate motor
vehicle with no power rating;

(f) Overhauling refers to the cleaning or repairing of the whole engine of a motor vehicle by separating
the motor engine and its parts from the body of the motor vehicle;

(g) Repainting refers to changing the color of a motor vehicle by means of painting. There is painting
whenever the new color of a motor vehicle is different from its color registered in the Land
Transportation Office (LTO);

(h) Remodeling refers to the introduction of some changes in the shape or form of the body of the
motor vehicle;

(i) Second hand spare parts refer to the parts taken from a carnapped vehicle used in assembling
another vehicle;

(j) Total wreck refers to the state or status of a motor vehicle after a vehicular accident or other
incident, so that it is rendered inoperational and beyond economic repair due to the extent of damage
in its body, chassis and engine; and

(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a vehicle plate issued by
the LTO to a certain vehicle to another vehicle. It is presumed illegally transferred when the motor
vehicle plate does not correspond with that as appearing in the certificate of registration of the motor
vehicle to which it was issued.

Section 3. Carnapping; Penalties. - Carnapping is the taking, with intent to gain, of a motor vehicle belonging to
another without the latter’s consent, or by means of violence against or intimidation of persons, or by using
force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be
punished by imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30)
years, when the carnapping is committed without violence against or intimidation of persons, or force upon
things; and by imprisonment for not less than thirty (30) years and one (1) day but not more than forty (40)
years, when the carnapping is committed by means of violence against or intimidation of persons, or force upon
things; and the penalty of life imprisonment shall be imposed when the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs
or syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when
the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of the
carnapping shall be denied bail when the evidence of guilt is strong.

Section 4. Concealment of Carnapping. - Any person who conceals carnapping shall be punished with
imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost of

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the motor vehicle, motor vehicle engine, or any other part involved in the violation; Provided, That if the person
violating any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its
president, secretary, and/or members of the board of directors or any of its officers and employees who may
have directly participated in the violation.

Any public official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross
negligence of duty or connives with or permits the commission of any of the said unlawful acts shall, in addition
to the penalty prescribed in the preceding paragraph, be dismissed from the service, and his/her benefits
forfeited and shall be permanently disqualified from holding public office.

Section 5. Original Registration of Motor Vehicles. - Any person seeking the original registration of a motor
vehicle, whether that motor vehicle is newly assembled or rebuilt or acquired from a registered owner, shall,
within one (1) week after the completion of the assembly or rebuilding job or the acquisition thereof from the
registered owner, apply to the Philippine National Police (PNP) for the clearance of the motor vehicle for
registration with the LTO. The PNP shall, upon receipt of the application, verify if the motor vehicle or its
numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts. If the motor vehicle or
any of its numbered parts is not in the list, the PNP shall forthwith issue a certificate of clearance. Upon
presentation of the certificate of clearance from the PNP and after verification of the registration of the motor
vehicle engine, engine block and chassis in the permanent registry of motor vehicle engine, engine block and
chassis, the LTO shall register the motor vehicle in accordance with existing laws, rules and regulations within
twenty (20) working days.

Section 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block and Chassis. - Within one (1)
year upon approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock
down condition shall register before the LTO the motor vehicle engine, engine block and chassis in the name of
the possessor or in the name of the real owner who shall be readily available to answer any claim over the
registered motor vehicle engine, engine block and chassis. Thereafter, all motor vehicle engines, engine blocks
and chassis not registered with the LTO shall be considered as a carnapped vehicle, an untaxed importation or
coming from illegal source and shall be confiscated in favor of the government.

Section 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine Blocks and Chassis. - The
LTO shall keep a permanent registry of motor vehicle, motor vehicle engines, engine blocks and chassis of all
motor vehicles, specifying therein their type, make, serial numbers and stating therein the names and
addresses of their present and previous owners. Copies of the registry and of all entries made thereon shall be
furnished the PNP and all LTO regional, provincial and city branch offices: Provided, That all LTO regional,
provincial and city offices are likewise obliged to furnish copies of all registrations of motor vehicles to the main
office and to the PNP: Provided, further, That the original copy of the certificate of registration shall be given to
the registered owner, the second copy shall be retained with the LTO and the third copy shall be submitted to
the PNP. Moreover, it shall be unlawful for any person or employee who willfully encodes in the registry of
motor vehicles a non-existing vehicle or without history, new identity of already existing vehicle or
double/multiple registration ("KAMBAL") of vehicle.

Section 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle, Substitution or Replacement of a

Motor Vehicle Engine, Engine Block or Chassis - Every sale, transfer, conveyance of a motor vehicle,
substitution or replacement of a motor vehicle engine, engine block or chassis of a motor vehicle shall be
registered with the LTO within twenty (20) working days upon purchase/acquisition of a motor vehicle and
substitution or replacement of a motor vehicle engine, engine block or chassis. A motor vehicle, motor vehicle
engine, engine block or chassis not registered with the LTO shall be presumed as a carnapped vehicle, an
untaxed imported vehicle, or a vehicle proceeding from illegal sources unless proven otherwise and shall be
confiscated in favor of the government.

Section 9. Duty of Collector of Customs to Report. - Within seven (7) days after the arrival of an imported
vehicle, motor vehicle engine, engine block, chassis or body, the Collector of Customs of a principal port of
entry where the imported vehicle or parts enumerated above are unloaded shall report the shipment to the LTO,
specifying the make, type and serial numbers, if any, of the motor vehicle, motor vehicle engine, engine block,

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chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle,
motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs
concerned shall hold the motor vehicle, motor vehicle engine, engine block, chassis or body until it is numbered
by the LTO: Provided, That a PNP clearance shall be required prior to engraving the engine or chassis number.

Section 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep Record of Stocks. - Any
person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines,
engine blocks, chassis or body shall keep a permanent record of one’s stocks, stating therein their type, make
and serial numbers, and the names and addresses of the persons from whom they were acquired and the
names and addresses of the persons to whom they are sold, and shall render accurately a monthly report of
his/her transactions in motor vehicles to the LTO. 1avvphi1

Section 11. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the Numbering of Engine
Blocks, Chassis or Body Manufactured. - Any person engaged in the manufacture of engine blocks, chassis or
body shall cause the numbering of every engine block, chassis or body manufactured in a convenient and
conspicuous part thereof which the LTO may direct for the purpose of uniformity and identification of the factory
and shall submit to the LTO a monthly report of the manufacture and sale of engine blocks, chassis or body.

Section 12. Clearance and Permit Required for Assembly or Rebuilding of Motor Vehicles. - Any person who
shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a
certificate of clearance from the PNP: Provided, That no such permit shall be issued unless the applicant shall
present a statement under oath containing the type, make and serial numbers of the engine, chassis and body,
if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the
names and addresses of the sources thereof.

In the case of motor vehicle engines to be mounted on motor boats, motor bancas, water crafts and other light
water vessels, the applicant shall secure a permit from the PNP, which office shall in turn furnish the LTO
pertinent data concerning the motor vehicle engines including their type, make and serial numbers.

Section 13. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines, Engine Blocks,
Chassis or Body - The Philippine Ports Authority (PPA) shall submit a report to the PNP within seven (7) days
upon boarding all motor vehicles being boarded the "RORO", ferry, boat, vessel or ship for interisland and
international shipment. The PPA shall not allow the loading of motor vehicles in all interisland and international
shipping vessels without a motor vehicle clearance from the PNP, except cargo trucks and other trucks carrying
goods, Land Transportation Franchising and Regulatory Board (LTFRB)-accredited public utility vehicles (PUV)
and other motor vehicles carrying foodstuff and dry goods.

Section 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines, Engine Blocks and
Chassis. - It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial
number of motor vehicle engines, engine blocks and chassis.

Section 15. Identity Transfer. - It shall be unlawful for any person, office or entity to cause and/or allow the sale,
registration, and/or transfer into another name, the chassis number, engine number and plate number of a
motor vehicle declared as "total wreck" or beyond economic repair by concerned insurance company, and/or
law enforcement agencies, due to its involvement in a vehicular accident or for some other causes. The LTO
shall cancel the registration of total wreck vehicle as reported by the PNP and/or as declared by the Insurance
Commission.

Section 16. Transfer of Vehicle Plate. - It shall be unlawful for any person, office or entity to transfer or use a
vehicle plate from one vehicle to another without securing the proper authority from the LTO.

Section 17. Sale of Second Hand Spare Parts. - It shall be unlawful for any person, office or entity to buy
and/or sell any second hand spare parts taken from a carnapped vehicle.

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Section 18. Foreign Nationals. - Foreign nationals convicted under the provisions of this Act shall be deported
immediately after service of sentence without further proceedings by the Bureau of Immigration.

Section 19. Reward. - Any person who voluntarily gives information leading to the recovery of carnapped
vehicles and for the apprehension of the persons charged with carnapping shall be given monetary reward as
the PNP may determine. The PNP shall include in their annual budget the amount necessary to carry out the
purposes of this section. Any information given by informers shall be treated as confidential matter.

Section 20. Implementing Rules and Regulations. - The PNP together with the Department of Transportation
and Communications, LTO, Philippine Coast Guard, Maritime Industry Authority, Bureau of Customs and
relevant motorists and automotive sectors shall, within sixty (60) days from the effectivity of this Act, after
unanimous approval, promulgate the necessary implementing rules and regulations to effectively carry out the
provisions of this Act, including the setting up of a coordinated online access and the effective clearance system
mentioned in Section 12 of this Act to expedite motor vehicle data and details verification.

Section 21. Separability Clause. - If any provision of this Act is declared invalid, the remainder of this Act or any
provision not affected thereby shall remain in full force and effect.

Section 22. Repealing Clause. - Republic Act No. 6539, otherwise known as the "Anti-Carnapping Act of 1972",
is hereby repealed. All laws, executive orders, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby amended or repealed accordingly.

Section 23. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in two (2) newspapers of general circulation, whichever comes earlier.

REPUBLIC ACT No. 7659

AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT
PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR
OTHER PURPOSES

Section 1. Declaration of Policy. - It is hereby declared the policy of the State to foster and ensure not only
obedience to its authority, but also to adopt such measures as would effectively promote the maintenance of
peace and order, the protection of life, liberty and property, and the promotion of the general welfare which are
essential for the enjoyment by all the people of the blessings of democracy in a just and humane society;

Section 2. Article 114 of the Revised Penal Code, as amended, is hereby amended to read as follows:

"Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines or adheres to her
enemies giving them aid or comfort within the Philippines or elsewhere, shall be punished by
reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos."

No person shall be convicted of treason unless on the testimony of two witnesses at least to the same
overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1
of this Article shall be punished by reclusion temporal to death and shall pay a fine not to exceed
100,000 pesos."

Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is hereby amended to read
as follows:

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 "Section Three. - Piracy and mutiny on the high seas or in the Philippine waters

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of
reclusion perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters,
shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize
the whole or part of the cargo of said vessel, its equipment or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters."

Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be imposed upon those
who commit any of the crimes referred to in the preceding article, under any of the following
circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves
or;

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape."

Section 4. There shall be incorporated after Article 211 of the same Code a new article to read as follows:

"Art. 211-A. Qualified Bribery. - If any public officer is entrusted with law enforcement and he refrains
from arresting or prosecuting an offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the
penalty for the offense which was not prosecuted.

If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of
death."

Section 5. The penalty of death for parricide under Article 246 of the same Code is hereby restored, so that it
shall read as follows:

"Art. 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate of
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and
shall be punished by the penalty of reclusion perpetua to death."

Section 6. Article 248 of the same Code is hereby amended to read as follows:

"Art. 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any
of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.

2. In consideration of a price, reward or promise.

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 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or
with the use of any other means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse."

Section 7. Article 255 of the same Code is hereby amended to read as follows:

"Art. 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248
shall be imposed upon any person who shall kill any child less than three days of age.

If any crime penalized in this Article be committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum
periods, and if said crime be committed for the same purpose by the maternal grandparents or either
of them, the penalty shall be reclusion temporal."

Section 8. Article 267 of the same Code is hereby amended to read as follows:

"Art. 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain
another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion
perpetua to death:

1. If the kidnapping or detention shall have lasted more than three days.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.

4. If the person kidnapped or detained shall be a minor, except when the accused is any of
the parents, female or a public officer.

The penalty shall be death penalty where the kidnapping or detention was committed for the purpose
of extorting ransom from the victim or any other person, even if none of the circumstances above-
mentioned were present in the commission of the offense.

When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to
torture or dehumanizing acts, the maximum penalty shall be imposed."

Section 9. Article 294 of the same Code is hereby amended to read as follows:

"Art. 294. Robbery with violence against or intimidation of persons - Penalties. - Any person guilty of
robbery with the use of violence against or intimidation of any person shall suffer:

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 1. The penalty of reclusion perpetua to death, when by reason or on occasion of the
robbery, the crime of homicide shall have been committed, or when the robbery shall have
been accompanied by rape or intentional mutilation or arson.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if
by reason or on occasion of such robbery, any of the physical injuries penalized in
subdivision I of Article 263 shall have been inflicted.

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of
the physical injuries penalized in subdivision 2 of the article mentioned in the next
preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium
period, if the violence or intimidation employed in the commission of the robbery shall have
been carried to a degree clearly unnecessary for the commission of the crime, or when in
the course of its execution, the offender shall have inflicted upon any person not
responsible for its commission any of the physical injuries covered by subdivisions 3 and 4
of said Article 263.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium
period in other cases."

Section 10. Article 320 of the same Code is hereby amended to read as follows:

"Art. 320. Destructive Arson. - The penalty of reclusion perpetua to death shall be imposed upon any
person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a
result of simultaneous burnings, committed on several or different occasions.

2. Any building of public or private ownership, devoted to the public in general or where
people usually gather or congregate for a definite purpose such as, but not limited to,
official governmental function or business, private transaction, commerce, trade, workshop,
meetings and conferences, or merely incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public conveyances or stops or terminals,
regardless of whether the offender had knowledge that there are persons in said building or
edifice at the time it is set on fire and regardless also of whether the building is actually
inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or

conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of concealing or destroying evidence
of another violation of law, or for the purpose of concealing bankruptcy or defrauding
creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
reclusion perpetua to death shall likewise be imposed when the arson is perpetrated or committed by
two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to

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 burn or destroy the building or the burning merely constitutes an overt act in the commission or
another violation of law.

The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance,

storehouse, archives or general museum of the Government.

2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of the commission of any of the acts penalized under this Article,
death results, the mandatory penalty of death shall be imposed."

Section 11. Article 335 of the same Code is hereby amended to read as follows:

"Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a
woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age or is demented.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be
death.

When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.

The death penalty shall also be imposed if the crime of rape is committed with any of the following
attendant circumstances:

1. when the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil
degree, or the common-law-spouse of the parent of the victim.

2. when the victim is under the custody of the police or military authorities.

3. when the rape is committed in full view of the husband, parent, any of the children or
other relatives within the third degree of consanguinity.

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 4. when the victim is a religious or a child below seven (7) years old.

5. when the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome
(AIDS) disease.

6. when committed by any member of the Armed Forces of the Philippines or the Philippine
National Police or any law enforcement agency.

7. when by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation."

Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is
hereby amended to read as follows:

"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in
connivance with members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate
amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to death. Any person who participated with the
said public officer in the commission of an offense contributing to the crime of plunder shall likewise
be punished for such offense. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code,
shall be considered by the court. The court shall declare any and all ill-gotten wealth and their
interests and other incomes and assets including the properties and shares of stocks derived from the
deposit or investment thereof forfeited in favor of the State."

Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act 1972, are hereby amended to read as follows:

"Sec. 3. Importation of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person
who, unless authorized by law, shall import or bring into the Philippines any prohibited drug.

"Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs. - The
penalty of reclusion perpetua to death and a fine from five hundred thousand pesos to ten million
pesos shall be imposed upon any person who, unless authorized by law, shall sell, administer,
deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall
act as a broker in any of such transactions.

Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a
minor, or should a prohibited drug involved in any offense under this Section be the proximate cause
of the death of a victim thereof, the maximum penalty herein provided shall be imposed.

"Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. - The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be
imposed upon any person or group of persons who shall maintain a den, dive or resort where any
prohibited drug is used in any form or where such prohibited drugs in quantities specified in Section
20, Paragraph 1 of this Act are found.

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 Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum of the penalty
shall be imposed in every case where a prohibited drug is administered, delivered or sold to a minor
who is allowed to use the same in such place.

Should a prohibited drug be the proximate cause of the death of a person using the same in such
den, dive or resort, the maximum penalty herein provided shall be imposed on the maintainer
notwithstanding the provisions of Section 20 of this Act to the contrary.

"Sec. 7. Manufacture of Prohibited Drug. - The penalty of reclusion perpetua to death and fine
ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person
who, unless authorized by law, shall engage in the manufacture of any prohibited drug.

"Sec. 8. Possession or Use of Prohibited Drugs. - The penalty of reclusion perpetua to death and a
fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person
who, unless authorized by law, shall possess or use any prohibited drug subject to the provisions of
Section 20 hereof.

"Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. - The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be
imposed upon any person who shall plant, cultivate or culture any medium Indian hemp, opium poppy
(papaver somniferum), or any other plant which is or may hereafter be classified as dangerous drug
or from which any dangerous drug may be manufactured or derived.

The land or portions hereof, and/or greenhouses on which any of said plants is cultivated or cultured
shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not
know such cultivation or culture despite the exercise of due diligence on his part.

If the land involved in is part of the public domain, the maximum of the penalties herein provided shall
be imposed upon the offender."

Section 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, are hereby amended to read as follows:

"Sec. 14. Importation of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person
who, unless authorized by law, shall import or bring any regulated drug in the Philippines.

"Sec. 14-A. Manufacture of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person
who, unless authorized by law, shall engage in the manufacture of any regulated drug.

"Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and Distribution of Regulated
Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall
sell, dispense, deliver, transport or distribute any regulated drug.

Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a
minor, or should a regulated drug involved in any offense under this Section be the proximate cause
of the death of a victim thereof, the maximum penalty herein provided shall be imposed."

Section 15. There shall be incorporated after Section 15 of Article III of Republic Act No. 6425, as amended,
known as the Dangerous Drug Act of 1972, a new section to read as follows:

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 "Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. - The penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be
imposed upon any person or group of persons who shall maintain a den, dive or resort where any
regulated drugs is used in any form, or where such regulated drugs in quantities specified in Section
20, paragraph 1 of this Act are found.

Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum penalty herein
provided shall be imposed in every case where a regulated drug is administered, delivered or sold to
a minor who is allowed to use the same in such place.

Should a regulated drug be the proximate cause of the death of a person using the same in such den,
dive or resort, the maximum penalty herein provided shall be imposed on the maintainer
notwithstanding the provisions of Section 20 of this Act to the contrary."

Section 16. Section 16 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act
of 1972, is amended to read as follows:

"Sec. 16. Possession or Use of Regulated Drugs. - The penalty of reclusion perpetua to death and a
fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person
who shall possess or use any regulated drug without the corresponding license or prescription,
subject to the provisions of Section 20 hereof."

Section 17. Section 20, Article IV of Republic Act No. 6425, as amended, known as the Dangerous
Drugs Act of 1972, is hereby amended to read as follows:

Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or Instruments of the
Crime. - The penalties for offenses under Section 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A,
15 and 16 of Article III of this Act shall be applied if the dangerous drugs involved is in any of the
following quantities :

1. 40 grams or more of opium;

2. 40 grams or more of morphine;

3. 200 grams or more of shabu or methylamphetamine hydrochloride;

4. 40 grams or more of heroin;

5. 750 grams or more of indian hemp or marijuana;

6. 50 grams or more of marijuana resin or marijuana resin oil;

7. 40 grams or more of cocaine or cocaine hydrochloride; or

8. In the case of other dangerous drugs, the quantity of which is far beyond therapeutic
requirements, as determined and promulgated by the Dangerous Drugs Board, after public
consultations/hearings conducted for the purpose.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalty shall range from
prision correccional to reclusion perpetua depending upon the quantity.

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 Every penalty imposed for the unlawful importation, sale, administration, delivery, transportation or
manufacture of dangerous drugs, the cultivation of plants which are sources of dangerous drugs and
the possession of any opium pipe and other paraphernalia for dangerous drugs shall carry with it the
confiscation and forfeiture, in favor of the Government, of all the proceeds of the crime including but
not limited to money and other obtained thereby and the instruments or tools with which it was
committed, unless they are the property of a third person not liable for the offense, but those which
are not of lawful commerce shall be ordered destroyed without delay. Dangerous drugs and plant
sources of such drugs as well as the proceeds or instruments of the crime so confiscated and
forfeited in favor of the Government shall be turned over to the Board for proper disposal without
delay.

Any apprehending or arresting officer who misappropriates or misapplies or fails to account for seized
or confiscated dangerous drugs or plant-sources of dangerous drugs or proceeds or instruments of
the crime as are herein defined shall after conviction be punished by the penalty of reclusion perpetua
to death and a fine ranging from five hundred thousand pesos to ten million pesos."

Section 18. There shall be incorporated after Section 20 of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, a new section to read as follows:

"Sec. 20-A. Plea-bargaining Provisions. - Any person charged under any provision of this Act where
the imposable penalty is reclusion perpetua to death shall not be allowed to avail of the provision on
plea bargaining."

Section 19. Section 24 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is
hereby amended to read as follows :

"Sec. 24. Penalties for Government Official and Employees and Officers and Members of Police
Agencies and the Armed Forces, 'Planting' of Evidence. - The maximum penalties provided for
Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of Article II and Sections 14, 14-A, 15(1), 16 and 19 of
Article III shall be imposed, if those found guilty of any of the said offenses are government officials,
employees or officers, including members of police agencies and the armed forces.

Any such above government official, employee or officer who is found guilty of "planting" any
dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13 of Article II and Sections 14, 14-A, 15 and
16 of Article III of this Act in the person or in the immediate vicinity of another as evidence to implicate
the latter, shall suffer the same penalty as therein provided."

Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-Carnapping Act of 1972, is
hereby amended to read as follows:

"Sec. 14. Penalty for Carnapping. - Any person who is found guilty of carnapping, as this term is
defined in Section Two of this Act, shall, irrespective of the value of motor vehicle taken, be punished
by imprisonment for not less than fourteen years and eight months and not more than seventeen
years and four months, when the carnapping is committed without violence or intimidation of persons,
or force upon things; and by imprisonment for not less than seventeen years and four months and not
more than thirty years, when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of reclusion perpetua to death shall
be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed or raped in
the course of the commission of the carnapping or on the occasion thereof."

Section 21. Article 27 of the Revised Penal Code, as amended, is hereby amended to read as follows:

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 "Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be from twenty years and one
day to forty years.

Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to
twenty years.

Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the
penalty of disqualification is imposed as an accessory penalty, in which case, it shall be that of the
principal penalty.

Prision correccional, suspension, and destierro. - The duration of the penalties of prision correccional,
suspension, and destierro shall be from six months and one day to six years, except when the
suspension is imposed as an accessory penalty, in which case, its duration shall be that of the
principal penalty.

Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one day to
six months.

Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days.

Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of time
as the court may determine."

Section 22. Article 47 of the same Code is hereby amended to read as follows:

Art. 47. In what cases the death penalty shall not be imposed; Automatic review of the Death Penalty
Cases. - The death penalty shall be imposed in all cases in which it must be imposed under existing
laws, except when the guilty person is below eighteen (18) years of age at the time of the commission
of the crime or is more than seventy years of age or when upon appeal or automatic review of the
case by the Supreme Court, the required majority vote is not obtained for the imposition of the death
penalty, in which cases the penalty shall be reclusion perpetua.

In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to
the Supreme Court for automatic review and judgment by the Court en banc, within twenty (20) days
but not earlier than fifteen (15) days after promulgation of the judgment or notice of denial of any
motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days
from the filing thereof by the stenographic reporter."

Section 23. Article 62 of the same Code, as amended, is hereby amended to read as follows :

"Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual
delinquency. - Mitigating or aggravating circumstances and habitual delinquency shall be taken into
account for the purpose of diminishing or increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or

which are included by the law in defining a crime and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing the penalty.

1(a). When in the commission of the crime, advantage was taken by the offender of his public
position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances.

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 The maximum penalty shall be imposed if the offense was committed by any group who belongs to
an organized/syndicated crime group.

An organized/syndicated crime group means a group of two or more persons collaborating,

confederating or mutually helping one another for purposes of gain in the commission of any crime.

2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to
such a degree that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or
from his private relations with the offended party, or from any other personal cause, shall only serve
to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their cooperation therein.

5. Habitual delinquency shall have the following effects :

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prision mayor in its
minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall in no case exceed 30 years.

For purposes of this article, a person shall be deemed to be a habitual delinquent, if within
a period of ten years from the date of his release or last conviction of the crimes of serious
or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any
of said crimes a third time or oftener.

Section 24. Article 81 of the same Code, as amended, is hereby amended to read as follows :

"Art. 81. When and how the death penalty is to be executed. - The death sentence shall be executed
with preference to any other and shall consist in putting the person under sentence to death by
electrocution. The death sentence shall be executed under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the sufferings of the person under the sentence during
electrocution as well as during the proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at the moment of the execution.

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 As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence
shall be changed to gas poisoning.

The death sentence shall be carried out not later than one (1) year after the judgment has become
final."

Section 25. Article 83 of the same Code is hereby amended to read as follows:

"Art. 83. Suspension of the execution of the death sentence. - The death sentence shall not be
inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any
person over seventy years of age. In this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalties provided in Article 40.

In all cases where the death sentence has become final, the records of the case shall be forwarded
immediately by the Supreme Court to the Office of the President for possible exercise of the
pardoning power."

Section 26. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be
unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in
full force and effect.

Section 28. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of
general circulation. The publication shall not be later than seven (7) days after the approval hereof.

REPUBLIC ACT No. 9346

June 24, 2006

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight
Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by
Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659),
otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they
impose the death penalty are hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of
the penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known
as the Indeterminate Sentence Law, as amended.

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SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive
weeks in a newspaper of general circulation of the names of persons convicted of offenses punished
with reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommend for
commutation or pardon; Provided, however, That nothing herein shall limit the power of the President to grant
executive clemency under Section 19, Article VII of the Constitutions.

SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of general
circulation.

Article 40. Death — Its Accessory Penalties. — The death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction
during thirty years following the date of sentence, unless such accessory penalties have been expressly
remitted in the pardon.

Article 47. In What Cases the Death Penalty Shall Not Be Imposed. — The death penalty shall be imposed
in all cases in which it must be imposed under existing laws, except in the following cases:

1. When the guilty person be more than seventy years of age.

2. When upon appeal or revision of the case by the Supreme Court, all the members thereof are not unanimous
in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for
the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall
render its decision per curiam, which shall be signed by all justices of said court, unless some member or
members thereof shall have become disqualified from taking part in the consideration of the case, in which
event the unanimous vote and signature of only the remaining justices shall be required.

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