Criminal Law Review Special Laws

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND
SPECIAL
PROTECTION
AGAINST
CHILD
ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::

(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:

ARTICLE I
Title, Policy, Principles and Definitions of Terms

(1) Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional maltreatment;

Section 1. Title. – This Act shall be known as the "Special
Protection of Children Against Abuse, Exploitation and
Discrimination Act."

(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;

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.

(3) Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or

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;

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. –

(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

(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.
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a
comprehensive program to be formulated, by the Department of
Justice and the Department of Social Welfare and Development in
coordination with other government agencies and private sector
concerned, within one (1) year from the effectivity of this Act, to
protect children against child prostitution and other sexual abuse;
child trafficking, obscene publications and indecent shows; other
acts of abuse; and circumstances which endanger child survival and
normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. –
Children, whether male or female, who for money, profit, or any

other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and
other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to, the
following:

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.

(2) Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;

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.

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

ARTICLE IV
Child Trafficking

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

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.

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

(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 8. Attempt to Commit Child Trafficking. – There is an
attempt to commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without
valid reason therefor and without clearance issued by the
Department of Social Welfare and Development or written
permit or justification from the child's parents or legal
guardian;
(c) When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for
the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children
among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who can
be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed upon
the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any
person who shall hire, employ, use, persuade, induce or coerce a
child to perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below
twelve (12) years of age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted in any capacity with
the care of a child who shall cause and/or allow such child to be
employed or to participate in an obscene play, scene, act, movie or
show or in any other acts covered by this section shall suffer the
penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development. –
(a) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603,
as amended, but not covered by the Revised Penal Code,
as amended, shall suffer the penalty of prision mayor in its
minimum period.

(b) Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10) years
or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort
or similar places shall suffer the penalty of prision mayor in
its maximum period and a fine of not less than Fifty
thousand pesos (P50,000): Provided, That this provision
shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.

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.

(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.

The victim of the acts committed under this section shall be
entrusted to the care of the Department of Social Welfare and
Development.

(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.

ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting Child
Prostitution and Other Sexual Abuse, Child Trafficking,
Obscene Publications and Indecent Shows, and Other Acts of
Abuse. – All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse, child trafficking,
obscene publications and indecent shows, and other acts of abuse
shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as
amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises
by the Department of Social Welfare and Development for such
period which shall not be less than one (1) year, as the Department
may determine. The unauthorized removal of such sign shall be
punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal Code, as
amended. An enterprise such as a sauna, travel agency, or
recruitment agency which: promotes the aforementioned acts as
part of a tour for foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for adults of the same or
opposite sex and said services include any lascivious conduct with

the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts
penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15)
years of age may be employed except:
(1) When a child works directly under the sole responsibility
of his parents or legal guardian and where only members of
the employer's family are employed: Provided, however,
That his employment neither endangers his life, safety and
health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall
provide the said minor child with the prescribed primary
and/or secondary education; or
(2) When a child's employment or participation in public &
entertainment or information through cinema, theater, radio
or television is essential: Provided, The employment
contract concluded by the child's parent or guardian, with
the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and
Employment: Provided, That the following requirements in
all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety
and morals of the child;
(b) the employer shall institute measures to prevent the
child's exploitation or discrimination taking into account the
system and level of remuneration, and the duration and
arrangement of working time; and;
(c) The employer shall formulate and implement, subject to
the approval and supervision of competent authorities, a
continuing program for training and skill acquisition of the
child.
In the above exceptional cases where any such child may be
employed, the employer shall first secure, before engaging such
child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirement.

The Department of Labor Employment shall promulgate rules and
regulations necessary for the effective implementation of this
Section.
Section 13. Non-formal Education for Working Children. – The
Department of Education, Culture and Sports shall promulgate a
course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or
secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in
Certain Advertisements. – No person shall employ child models in
all commercials or advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with
the duties provided for in Articles 108 and 109 of Presidential
Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision
of this Article shall suffer the penalty of a fine of not less than One
thousand pesos (P1,000) but not more than Ten thousand pesos
(P10,000) or imprisonment of not less than three (3) months but not
more than three (3) years, or both at the discretion of the court;
Provided, That, in case of repeated violations of the provisions of
this Article, the offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition
to the rights guaranteed to children under this Act and other existing
laws, children of indigenous cultural communities shall be entitled to
protection, survival and development consistent with the customs
and traditions of their respective communities.
Section 18. System of and Access to Education. – The
Department of Education, Culture and Sports shall develop and
institute an alternative system of education for children of indigenous
cultural communities which culture-specific and relevant to the
needs of and the existing situation in their communities. The
Department of Education, Culture and Sports shall also accredit and
support non-formal but functional indigenous educational programs
conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social
services in health and nutrition to children of indigenous cultural
communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal
attention. In the provision of health and nutrition services to children
of indigenous cultural communities, indigenous health practices shall
be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural
communities shall not be subjected to any and all forms of
discrimination.
Any person who discriminate against children of indigenous cultural
communities shall suffer a penalty of arresto mayor in its maximum
period and a fine of not less than Five thousand pesos (P5,000)
more than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities,
through their duly-designated or appointed representatives shall be
involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of
indigenous cultural communities. Indigenous institution shall also be
recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby
declared as Zones of Peace. It shall be the responsibility of the
State and all other sectors concerned to resolve armed conflicts in
order to promote the goal of children as zones of peace. To attain
this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be
entitled to special respect. They shall be protected from any
form of threat, assault, torture or other cruel, inhumane or
degrading treatment;
(b) Children shall not be recruited to become members of
the Armed Forces of the Philippines of its civilian units or
other armed groups, nor be allowed to take part in the
fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education,
primary health and emergency relief services shall be kept
unhampered;
(d) The safety and protection of those who provide services
including those involved in fact-finding missions from both
government and non-government institutions shall be
ensured. They shall not be subjected to undue harassment
in the performance of their work;
(e) Public infrastructure such as schools, hospitals and
rural health units shall not be utilized for military purposes
such as command posts, barracks, detachments, and
supply depots; and
(f) All appropriate steps shall be taken to facilitate the
reunion of families temporarily separated due to armed
conflict.
Section 23. Evacuation of Children During Armed Conflict. –
Children shall be given priority during evacuation as a result of
armed conflict. Existing community organizations shall be tapped to
look after the safety and well-being of children during evacuation
operations. Measures shall be taken to ensure that children
evacuated are accompanied by persons responsible for their safety
and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever
possible, members of the same family shall be housed in the same
premises and given separate accommodation from other evacuees
and provided with facilities to lead a normal family life. In places of
temporary shelter, expectant and nursing mothers and children shall
be given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical
exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to
Armed Conflict. – Any child who has been arrested for reasons
related to armed conflict, either as combatant, courier, guide or spy
is entitled to the following rights;
(a) Separate detention from adults except where families
are accommodated as family units;
(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or
guardians of the child; and

(a) Offended party;
(b) Parents or guardians;

(d) Release of the child on recognizance within twenty-four
(24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of
the community as determined by the court.
If after hearing the evidence in the proper proceedings the court
should find that the aforesaid child committed the acts charged
against him, the court shall determine the imposable penalty,
including any civil liability chargeable against him. However, instead
of pronouncing judgment of conviction, the court shall suspend all
further proceedings and shall commit such child to the custody or
care of the Department of Social Welfare and Development or to any
training institution operated by the Government, or duly-licensed
agencies or any other responsible person, until he has had reached
eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of
the Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed.

(c) Ascendant or collateral relative within the third degree of
consanguinity;
(d) Officer, social worker or representative of a licensed
child-caring institution;
(e) Officer or social worker of the Department of Social
Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where
the violation occurred.

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.

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.

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 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.

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.

It shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer in
case of television and radio broadcasting, producer and director of
the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which
results in the moral degradation and suffering of the offended
party.Lawphi1@alf

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:

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
Common Penal Provisions

XII

Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in
its maximum period if the offender has been previously
convicted under this Act;
(b) When the offender is a corporation, partnership or
association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its
maximum period when the perpetrator is an ascendant,
parent guardian, stepparent or collateral relative within the
second degree of consanguinity or affinity, or a manager or
owner of an establishment which has no license to operate
or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported
immediately after service of sentence and forever barred
from entry to the country;
(e) The penalty provided for in this Act shall be imposed in
its maximum period if the offender is a public officer or
employee: Provided, however, That if the penalty imposed
is reclusion perpetua or reclusion temporal, then the
penalty of perpetual or temporary absolute disqualification
shall also be imposed: Provided, finally, That if the penalty
imposed is prision correccional or arresto mayor, the
penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed
and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the
offense.

ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided
in this Act, the Department of Justice, in coordination with the
Department of Social Welfare and Development, shall promulgate
rules and regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in
two (2) national newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out
the provisions of this Act is hereby authorized to be appropriated in
the General Appropriations Act of the year following its enactment
into law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not
affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules
inconsistent with the provisions of this Acts are hereby repealed or
modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon
completion of its publication in at least two (2) national newspapers
of general circulation.
Approved: June 17, 1992.

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
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title.- This Act shall be known as the "AntiViolence 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:

wherein the other spouse/partner objects
on valid, serious and moral grounds as
defined in Article 73 of the Family Code;

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;

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;

b) acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force, physical
or other harm or threat of physical or
other harm or coercion;
c) Prostituting the woman or child.

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.

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) "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.

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:

(f) "Sexual relations" refers to a single sexual act which
may or may not result in the bearing of a common child.

1. withdrawal of financial support or
preventing the victim from engaging in
any legitimate profession, occupation,
business or activity, except in cases

(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.

(g) "Safe place or shelter" refers to any home or institution
maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency
or voluntary organization accredited by the DSWD for the
purposes of this Act or any other suitable place the resident
of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of
age or older but are incapable of taking care of themselves
as defined under Republic Act No. 7610. As used in this
Act, it includes the biological children of the victim and
other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to
promote the protection and safety of victims of violence against
women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.The crime of violence against women and their children is committed
through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical
harm;

(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;

(c) Attempting to cause the woman or her child physical
harm;

(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:

(d) Placing the woman or her child in fear of imminent
physical harm;

(1) Stalking or following the woman or her child in
public or private places;

(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:

(2) Peering in the window or lingering outside the
residence of the woman or her child;

(1) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;

(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.
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;
(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:
(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 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.
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. – Victimsurvivors who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the
commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of
alcohol, any illicit drug, or any other mind-altering substance shall
not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence
shall be entitled to the custody and support of her child/children.
Children below seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reasons to order
otherwise.
A victim who is suffering from battered woman syndrome shall not
be disqualified from having custody of her children. In no case shall
custody of minor children be given to the perpetrator of a woman
who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors
and court personnel should observe the following duties when
dealing with victims under this Act:
a) communicate with the victim in a language understood
by the woman or her child; and
b) inform the victim of her/his rights including legal
remedies available and procedure, and privileges for
indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. –
Barangay officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for
assistance or protection of the victim by entering the
necessary whether or not a protection order has been
issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the
perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their
choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the
house;
(e) assist the barangay officials and other government
officers and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued
by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant
when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that
any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined
in this Act; and
(h) immediately report the call for assessment or
assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations
(NGOs).

Any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding Ten Thousand Pesos
(P10,000.00) or whenever applicable criminal, civil or administrative
liability.
SECTION 31. Healthcare Provider Response to Abuse – Any
healthcare provider, including, but not limited to, an attending
physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim of
violence shall:
(a) properly document any of the victim's physical,
emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations
and circumstances of the examination or visit;

Failure to comply with this Section shall render the official or judge
administratively liable.

known as the Council, which shall be composed of the following
agencies:

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.

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

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:

(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);

(a) to be treated with respect and dignity;
(f) Department of Justice (DOJ);

(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.

(b) to avail of legal assistance form the PAO of the
Department of Justice (DOJ) or any public legal assistance
office;
(c) To be entitled to support services form the DSWD and
LGUs'
(d) To be entitled to all legal remedies and support as
provided for under the Family Code; and
(e) To be informed of their rights and the services available
to them including their right to apply for a protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall
be entitled to actual, compensatory, moral and exemplary damages.

(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).

SECTION 37. Hold Departure Order. – The court shall expedite the
process of issuance of a hold departure order in cases prosecuted
under this Act.

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.

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.

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 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

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 coemployee who is a victim under this Act shall likewise be liable for
discrimination.
SECTION 44. Confidentiality. – All records pertaining to cases of
violence against women and their children including those in the
barangay shall be confidential and all public officers and employees
and public or private clinics to hospitals shall respect the right to
privacy of the victim. Whoever publishes or causes to be published,
in any format, the name, address, telephone number, school,
business address, employer, or other identifying information of a
victim or an immediate family member, without the latter's consent,
shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one
(1) year imprisonment and a fine of not more than Five Hundred
Thousand pesos (P500,000.00).
SECTION 45. Funding – The amount necessary to implement the
provisions of this Act shall be included in the annual General
Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated
agencies and LGU's shall be used to implement services for victim
of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. – Within six (6)
months from the approval of this Act, the DOJ, the NCRFW, the
DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall
promulgate the Implementing Rules and Regulations (IRR) of this
Act.
SECTION 47. Suppletory Application – For purposes of this Act, the
Revised Penal Code and other applicable laws, shall have
suppletory application.
SECTION 48. Separability Clause. – If any 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. 9372

March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE
FROM TERRORISM
Be it enacted by the Senate and the House of Representatives of
the Philippines in Congress assembled:

c. Article 134-a (Coup d' Etat), including acts committed by
private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under

SECTION 1. Short Title. - This Act shall henceforth be known as the
"Human Security Act of 2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the State
to protect life, liberty, and property from acts of terrorism, to
condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people, and to make
terrorism a crime against the Filipino people, against humanity, and
against the law of nations.
In the implementation of the policy stated above, the State shall
uphold the basic rights and fundamental liberties of the people as
enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a
comprehensive
approach,
comprising
political,
economic,
diplomatic, military, and legal means duly taking into account the
root causes of terrorism without acknowledging these as
justifications for terrorist and/or criminal activities. Such measures
shall include conflict management and post-conflict peace-building,
addressing the roots of conflict by building state capacity and
promoting equitable economic development.
Nothing in this Act shall be interpreted as a curtailment, restriction or
diminution of constitutionally recognized powers of the executive
branch of the government. It is to be understood, however that the
exercise of the constitutionally recognized powers of the executive
department of the government shall not prejudice respect for human
rights which shall be absolute and protected at all times.
SEC. 3. Terrorism.- Any person who commits an act punishable
under any of the following provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High
Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);

1. Presidential Decree No. 1613 (The Law on
Arson);
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy
Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and
Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended
(Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in,
Acquisition
or
Disposition
of
Firearms,
Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand shall be guilty of
the crime of terrorism and shall suffer the penalty of forty (40) years
of imprisonment, without the benefit of parole as provided for under
Act No. 4103, otherwise known as the Indeterminate Sentence Law,
as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire
to commit the crime of terrorism shall suffer the penalty of forty (40)
years of imprisonment.
There is conspiracy when two or more persons come to an
agreement concerning the commission of the crime of terrorism as
defined in Section 3 hereof and decide to commit the same.

SEC. 5. Accomplice. - Any person who, not being a principal under
Article 17 of the Revised Penal Code or a conspirator as defined in
Section 4 hereof, cooperates in the execution of either the crime of
terrorism or conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of from seventeen (17)
years, four months one day to twenty (20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of the
commission of the crime of terrorism or conspiracy to commit
terrorism, and without having participated therein, either as principal
or accomplice under Articles 17 and 18 of the Revised Penal Code,
takes part subsequent to its commission in any of the following
manner: (a) by profiting himself or assisting the offender to profit by
the effects of the crime; (b) by concealing or destroying the body of
the crime, or the effects, or instruments thereof, in order to prevent
its discovery; (c) by harboring, concealing, or assisting in the escape
of the principal or conspirator of the crime, shall suffer the penalty of
ten (10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for
accessories shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of accessories
falling within the provisions of subparagraph (a).
SEC. 7. Surveillance of Suspects and Interception and
Recording of Communications. -The provisions of Republic Act
No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the members of his team may,
upon a written order of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or type of electronic or
other surveillance equipment or intercepting and tracking devices, or
with the use of any other suitable ways and means for that purpose,
any communication, message, conversation, discussion, or spoken
or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or
of any person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of
communications between lawyers and clients, doctors and patients,
journalists and their sources and confidential business
correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The
written order of the authorizing division of the Court of Appeals to

track down, tap, listen to, intercept, and record communications,
messages, conversations, discussions, or spoken or written words
of any person suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall only be granted by the
authorizing division of the Court of Appeals upon an ex parte written
application of a police or of a law enforcement official who has been
duly authorized in writing by the Anti-Terrorism Council created in
Section 53 of this Act to file such ex parte application, and upon
examination under oath or affirmation of the applicant and the
witnesses he may produce to establish: (a) that there is probable
cause to believe based on personal knowledge of facts or
circumstances that the said crime of terrorism or conspiracy to
commit terrorism has been committed, or is being committed, or is
about to be committed; (b) that there is probable cause to believe
based on personal knowledge of facts or circumstances that
evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such
crimes, will be obtained; and, (c) that there is no other effective
means readily available for acquiring such evidence.
SEC. 9. Classification and Contents of the Order of the Court. The written order granted by the authorizing division of the Court of
Appeals as well as its order, if any, to extend or renew the same, the
original application of the applicant, including his application to
extend or renew, if any, and the written authorizations of the AntiTerrorism Council shall be deemed and are hereby declared as
classified information: Provided, That the person being surveilled or
whose communications, letters, papers, messages, conversations,
discussions, spoken or written words and effects have been
monitored, listened to, bugged or recorded by law enforcement
authorities has the right to be informed of the acts done by the law
enforcement authorities in the premises or to challenge, if he or she
intends to do so, the legality of the interference before the Court of
Appeals which issued the written order. The written order of the
authorizing division of the Court of Appeals shall specify the
following: (a) the identity, such as name and address, if known, of
the charged or suspected person whose communications,
messages, conversations, discussions, or spoken or written words
are to be tracked down, tapped, listened to, intercepted, and
recorded and, in the case of radio, electronic, or telephonic (whether
wireless or otherwise) communications, messages, conversations,
discussions, or spoken or written words, the electronic transmission
systems or the telephone numbers to be tracked down, tapped,
listened to, intercepted, and recorded and their locations or if the
person suspected of the crime of terrorism or conspiracy to commit
terrorism is not fully known, such person shall be subject to
continuous surveillance provided there is a reasonable ground to do
so; (b) the identity (name, address, and the police or law

enforcement organization) of the police or of the law enforcement
official, including the individual identity (names, addresses, and the
police or law enforcement organization) of the members of his team,
judicially authorized to track down, tap, listen to, intercept, and
record the communications, messages, conversations, discussions,
or spoken or written words; (c) the offense or offenses committed, or
being committed, or sought to be prevented; and, (d) the length of
time within which the authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any
authorization granted by the authorizing division of the Court of
Appeals, pursuant to Section 9(d) of this Act, shall only be effective
for the length of time specified in the written order of the authorizing
division of the Court of Appeals, which shall not exceed a period of
thirty (30) days from the date of receipt of the written order of the
authorizing division of the Court of Appeals by the applicant police or
law enforcement official.
The authorizing division of the Court of Appeals may extend or
renew the said authorization for another non-extendible period,
which shall not exceed thirty (30) days from the expiration of the
original period: Provided, That the authorizing division of the Court of
Appeals is satisfied that such extension or renewal is in the public
interest: and Provided, further, That the ex parte application for
extension or renewal, which must be filed by the original applicant,
has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically
disabled to file the application for extension or renewal, the one next
in rank to the original applicant among the members of the team
named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal:
Provided, That, without prejudice to the liability of the police or law
enforcement personnel under Section 20 hereof, the applicant police
or law enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the
appropriate case before the Public Prosecutor's Office for any
violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant
police or law enforcement official shall immediately notify the person
subject of the surveillance, interception and recording of the
termination of the said surveillance, interception and recording. The
penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law
enforcement official who fails to notify the person subject of the

surveillance, monitoring, interception and recording as specified
above.
SEC.
11. Custody
of
Intercepted
and
Recorded
Communications. - All tapes, discs, and recordings made pursuant
to the authorization of the authorizing division of the Court of
Appeals, including all excerpts and summaries thereof as well as all
written notes or memoranda made in connection therewith, shall,
within forty-eight (48) hours after the expiration of the period fixed in
the written order of the authorizing division of the Court of Appeals
or within forty-eight (48) hours after the expiration of any extension
or renewal granted by the authorizing division of the Court of
Appeals, be deposited with the authorizing Division of the Court of
Appeals in a sealed envelope or sealed package, as the case may
be, and shall be accompanied by a joint affidavit of the applicant
police or law enforcement official and the members of his team.
In case of death of the applicant or in case he is physically disabled
to execute the required affidavit, the one next in rank to the applicant
among the members of the team named in the written order of the
authorizing division of the Court of Appeals shall execute with the
members of the team that required affidavit.
It shall be unlawful for any person, police officer or any custodian of
the tapes, discs and recording, and their excerpts and summaries,
written notes or memoranda to copy in whatever form, to remove,
delete, expunge, incinerate, shred or destroy in any manner the
items enumerated above in whole or in part under any pretext
whatsoever.
Any person who removes, deletes, expunges, incinerates, shreds or
destroys the items enumerated above shall suffer a penalty of not
less than six years and one day to twelve (12) years of
imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the
police or of the law enforcement official and the individual members
of his team shall state: (a) the number of tapes, discs, and
recordings that have been made, as well as the number of excerpts
and summaries thereof and the number of written notes and
memoranda, if any, made in connection therewith; (b) the dates and
times covered by each of such tapes, discs, and recordings; (c) the
number of tapes, discs, and recordings, as well as the number of
excerpts and summaries thereof and the number of written notes
and memoranda made in connection therewith that have been
included in the deposit; and (d) the date of the original written
authorization granted by the Anti-Terrorism Council to the applicant

to file the ex parte application to conduct the tracking down, tapping,
intercepting, and recording, as well as the date of any extension or
renewal of the original written authority granted by the authorizing
division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or
copies of the whole or any part of any of such tapes, discs, and
recordings, and that no duplicates or copies of the whole or any part
of any of such excerpts, summaries, written notes, and memoranda,
have been made, or, if made, that all such duplicates and copies are
included in the sealed envelope or sealed package, as the case may
be, deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official
to omit or exclude from the joint affidavit any item or portion thereof
mentioned in this Section.
Any person, police or law enforcement officer who violates any of
the acts prescribed in the preceding paragraph shall suffer the
penalty of not less than ten (10) years and one day to twelve (12)
years of imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed envelope
or sealed package and the contents thereof, which are deposited
with the authorizing division of the Court of Appeals, shall be
deemed and are hereby declared classified information, and the
sealed envelope or sealed package shall not be opened and its
contents (including the tapes, discs, and recordings and all the
excerpts and summaries thereof and the notes and memoranda
made in connection therewith) shall not be divulged, revealed, read,
replayed, or used as evidence unless authorized by written order of
the authorizing division of the Court of Appeals, which written order
shall be granted only upon a written application of the Department of
Justice filed before the authorizing division of the Court of Appeals
and only upon a showing that the Department of Justice has been
duly authorized in writing by the Anti-Terrorism Council to file the
application with proper written notice the person whose
conversation, communication, message discussion or spoken or
written words have been the subject of surveillance, monitoring,
recording and interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who
violates his duty to notify in writing the persons subject of the
surveillance as defined above shall suffer the penalty of six years
and one day to eight years of imprisonment.

SEC. 14. Application to Open Deposited Sealed Envelope or
Sealed Package. - The written application with notice to the party
concerned to open the deposited sealed envelope or sealed
package shall clearly state the purpose or reason: (a) for opening
the sealed envelope or sealed package; (b) for revealing or
disclosing its classified contents; (c) for replaying, divulging, and or
reading any of the listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken
or written words (including any of the excerpts and summaries
thereof and any of the notes or memoranda made in connection
therewith); [ and, (d) for using any of said listened to, intercepted,
and recorded communications, messages, conversations,
discussions, or spoken or written words (including any of the
excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who
violates his duty to notify as defined above shall suffer the penalty of
six years and one day to eight years of imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened
to, intercepted, and recorded communications, messages,
conversations, discussions, or spoken or written words, or any part
or parts thereof, or any information or fact contained therein,
including their existence, content, substance, purport, effect, or
meaning, which have been secured in violation of the pertinent
provisions of this Act, shall absolutely not be admissible and usable
as evidence against anybody in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or
hearing.
SEC. 16. Penalty for Unauthorized or Malicious Interceptions
and/or Recordings. - Any police or law enforcement personnel
who, not being authorized to do so by the authorizing division of the
Court of Appeals, tracks down, taps, listens to, intercepts, and
records in whatever manner or form any communication, message,
conversation, discussion, or spoken or written word of a person
charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an offense and shall
suffer the penalty of ten (10) years and one day to twelve (12) years
of imprisonment.
In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of ten (10) years and
one day to twelve (12) years of imprisonment and the accessory
penalty of perpetual absolute disqualification from public office shall
be imposed upon any police or law enforcement personnel who

maliciously obtained an authority from the Court of Appeals to track
down, tap, listen to, intercept, and record in whatever manner or
form any communication, message, conversation, discussion, or
spoken or written words of a person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism: Provided,
That notwithstanding Section 13 of this Act, the party aggrieved by
such authorization shall be allowed access to the sealed envelope
or sealed package and the contents thereof as evidence for the
prosecution of any police or law enforcement personnel who
maliciously procured said authorization.
SEC. 17. Proscription of Terrorist Organizations, Association,
or Group of Persons. - Any organization, association, or group of
persons organized for the purpose of engaging in terrorism, or
which, although not organized for that purpose, actually uses the
acts to terrorize mentioned in this Act or to sow and create a
condition of widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an unlawful
demand shall, upon application of the Department of Justice before
a competent Regional Trial Court, with due notice and opportunity to
be heard given to the organization, association, or group of persons
concerned, be declared as a terrorist and outlawed organization,
association, or group of persons by the said Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of
Arrest. - The provisions of Article 125 of the Revised Penal Code to
the contrary notwithstanding, any police or law enforcement
personnel, who, having been duly authorized in writing by the AntiTerrorism Council has taken custody of a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall, without incurring any criminal liability for
delay in the delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person to the proper
judicial authority within a period of three days counted from the
moment the said charged or suspected person has been
apprehended or arrested, detained, and taken into custody by the
said police, or law enforcement personnel: Provided, That the arrest
of those suspected of the crime of terrorism or conspiracy to commit
terrorism must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before
detaining the person suspected of the crime of terrorism, present
him or her before any judge at the latter's residence or office nearest
the place where the arrest took place at any time of the day or night.
It shall be the duty of the judge, among other things, to ascertain the
identity of the police or law enforcement personnel and the person

or persons they have arrested and presented before him or her, to
inquire of them the reasons why they have arrested the person and
determine by questioning and personal observation whether or not
the suspect has been subjected to any physical, moral or
psychological torture by whom and why. The judge shall then submit
a written report of what he/she had observed when the subject was
brought before him to the proper court that has jurisdiction over the
case of the person thus arrested. The judge shall forthwith submit
his/her report within three calendar days from the time the suspect
was brought to his/her residence or office.
Immediately after taking custody of a person charged with or
suspected of the crime of terrorism or conspiracy to commit
terrorism, the police or law enforcement personnel shall notify in
writing the judge of the court nearest the place of apprehension or
arrest: Provided ,That where the arrest is made during Saturdays,
Sundays, holidays or after office hours, the written notice shall be
served at the residence of the judge nearest the place where the
accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the police or law enforcement
personnel who fails to notify and judge as Provided in the preceding
paragraph.
SEC. 19. Period of Detention in the Event of an Actual or
Imminent Terrorist Attack. - In the event of an actual or imminent
terrorist attack, suspects may not be detained for more than three
days without the written approval of a municipal, city, provincial or
regional official of a Human Rights Commission or judge of the
municipal, regional trial court, the Sandiganbayan or a justice of the
Court of Appeals nearest the place of the arrest. If the arrest is made
during Saturdays, Sundays, holidays or after office hours, the
arresting police or law enforcement personnel shall bring the person
thus arrested to the residence of any of the officials mentioned
above that is nearest the place where the accused was arrested.
The approval in writing of any of the said officials shall be secured
by the police or law enforcement personnel concerned within five
days after the date of the detention of the persons
concerned: Provided, however, That within three days after the
detention the suspects, whose connection with the terror attack or
threat is not established, shall be released immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper
Judicial Authority within Three Days. - The penalty of ten (10)
years and one day to twelve (12) years of imprisonment shall be
imposed upon any police or law enforcement personnel who has

apprehended or arrested, detained and taken custody of a person
charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or suspected
person to the proper judicial authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. - The
moment a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism is
apprehended or arrested and detained, he shall forthwith be
informed, by the arresting police or law enforcement officers or by
the police or law enforcement officers to whose custody the person
concerned is brought, of his or her right: (a) to be informed of the
nature and cause of his arrest, to remain silent and to have
competent and independent counsel preferably of his choice. If the
person cannot afford the services of counsel of his or her choice, the
police or law enforcement officers concerned shall immediately
contact the free legal assistance unit of the Integrated Bar of the
Philippines (IBP) or the Public Attorney's Office (PAO). It shall be the
duty of the free legal assistance unit of the IBP or the PAO thus
contacted to immediately visit the person(s) detained and provide
him or her with legal assistance. These rights cannot be waived
except in writing and in the presence of the counsel of choice; (b)
informed of the cause or causes of his detention in the presence of
his legal counsel; (c) allowed to communicate freely with his legal
counsel and to confer with them at any time without restriction; (d)
allowed to communicate freely and privately without restrictions with
the members of his family or with his nearest relatives and to be
visited by them; and, (e) allowed freely to avail of the service of a
physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any
police or law enforcement personnel, or any personnel of the police
or other law enforcement custodial unit that violates any of the
aforesaid rights of a person charged with or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism shall be
guilty of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
Unless the police or law enforcement personnel who violated the
rights of a detainee or detainees as stated above is duly identified,
the same penalty shall be imposed on the police officer or hear or
leader of the law enforcement unit having custody of the detainee at
the time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and its
Contents. - The police or other law enforcement custodial unit in
whose care and control the person charged with or suspected of the

crime of terrorism or the crime of conspiracy to commit terrorism has
been placed under custodial arrest and detention shall keep a
securely and orderly maintained official logbook, which is hereby
declared as a public document and opened to and made available
for .the inspection and scrutiny of the lawyer or lawyers of the
person under custody or any member of his or her family or relative
by consanguinity or affinity within the fourth civil degree or his or her
physician at any time of the day or night without any form of
restriction. The logbook shall contain a clear and concise record of:
(a) the name, description, and address of the detained person; (b)
the date and exact time of his initial admission for custodial arrest
and detention; (c) the name and address of the physician or
physicians who examined him physically and medically; (d) the state
of his health and physical condition at the time of his initial
admission for custodial detention; (e) the date and time of each
removal of the detained person from his cell for interrogation or for
any purpose; (f) the date and time of his return to his cell; (g) the
name and address of the physician or physicians who physically and
medically examined him after each interrogation; (h) a summary of
the physical and medical findings on the detained person after each
of such interrogation; (i) the names and addresses of his family
members and nearest relatives, if any and if available; (j) the names
and addresses of persons, who visit the detained person; (k) the
date and time of each of such visits; (1) the date and time of each
request of the detained person to communicate and confer with his
legal counsel or counsels; (m) the date and time of each visit, and
date and time of each departure of his legal counsel or counsels;
and, (n) all other important events bearing on and all relevant details
regarding the treatment of the detained person while under custodial
arrest and detention.
The said police or law enforcement custodial unit shall upon demand
of the aforementioned lawyer or lawyers or members of the family or
relatives within the fourth civil degree of consanguinity or affinity of
the person under custody or his or her physician issue a certified
true copy of the entries of the logbook relative to the concerned
detained person without delay or restriction or requiring any fees
whatsoever including documentary stamp tax, notarial fees, and the
like. This certified true copy may be attested by the person who has
custody of the logbook or who allowed the party concerned to
scrutinize it at the time the demand for the certified true copy is
made.
The police or other law enforcement custodial unit who fails to
comply with the preceding paragraph to keep an official logbook
shall suffer the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.

SEC. 24. No Torture or Coercion in Investigation and
Interrogation. - No threat, intimidation, or coercion, and no act
which will inflict any form of physical pain or torment, or mental,
moral, or psychological pressure, on the detained person, which
shall vitiate his freewill, shall be employed in his investigation and
interrogation for the crime of terrorism or the crime of conspiracy to
commit terrorism; otherwise, the evidence obtained from said
detained person resulting from such threat, intimidation, or coercion,
or from such inflicted physical pain or torment, or mental, moral, or
psychological pressure, shall be, in its entirety, absolutely not
admissible and usable as evidence in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or
hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture
in the Investigation and Interrogation of a Detained Person. Any person or persons who use threat, intimidation, or coercion, or
who inflict physical pain or torment, or mental, moral, or
psychological pressure, which shall vitiate the free-will of a charged
or suspected person under investigation and interrogation for the
crime of terrorism or the crime of conspiracy to commit terrorism
shall be guilty of an offense and shall suffer the penalty of twelve
(12) years and one day to twenty (20) years of imprisonment.
When death or serious permanent disability of said detained person
occurs as a consequence of the use of such threat, intimidation, or
coercion, or as a consequence of the infliction on him of such
physical pain or torment, or as a consequence of the infliction on
him of such mental, moral, or psychological pressure, the penalty
shall be twelve (12) years and one day to twenty (20) years of
imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of guilt
is not strong, and the person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is granted the
same, the court, upon application by the prosecutor, shall limit the
right of travel of the accused to within the municipality or city where
he resides or where the case is pending, in the interest of national
security and public safety, consistent with Article III, Section 6 of the
Constitution. Travel outside of said municipality or city, without the
authorization of the court, shall be deemed a violation of the terms
and conditions of his bail, which shall then be forfeited as provided
under the Rules of Court.
He/she may also be placed under house arrest by order of the court
at his or her usual place of residence.

While under house arrest, he or she may not use telephones,
cellphones, e-mails, computers, the internet or other means of
communications with people outside the residence until otherwise
ordered by the court.
The restrictions abovementioned shall be terminated upon the
acquittal of the accused or of the dismissal of the case filed against
him or earlier upon the discretion of the court on motion of the
prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records. - The provisions of Republic
Act No. 1405 as amended, to the contrary notwithstanding, the
justices of the Court of Appeals designated as a special court to
handle anti-terrorism cases after satisfying themselves of the
existence of probable cause in a hearing called for that purpose that:
(1) a person charged with or suspected of the crime of terrorism or,
conspiracy to commit terrorism, (2) of a judicially declared and
outlawed terrorist organization, association, or group of persons;
and (3) of a member of such judicially declared and outlawed
organization, association, or group of persons, may authorize in
writing any police or law enforcement officer and the members of
his/her team duly authorized in writing by the anti-terrorism council
to: (a) examine, or cause the examination of, the deposits,
placements, trust accounts, assets and records in a bank or financial
institution; and (b) gather or cause the gathering of any relevant
information about such deposits, placements, trust accounts, assets,
and records from a bank or financial institution. The bank or financial
institution concerned, shall not refuse to allow such examination or
to provide the desired information, when so, ordered by and served
with the written order of the Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and
Records. - The written order of the Court of Appeals authorizing the
examination of bank deposits, placements, trust accounts, assets,
and records: (1) of a person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism; (2) of any judicially
declared and outlawed terrorist organization, association, or group
of persons, or (3) of any member of such organization, association,
or group of persons in a bank or financial institution, and the
gathering of any relevant information about the same from said bank
or financial institution, shall only be granted by the authorizing
division of the Court of Appeals upon an ex parte application to that
effect of a police or of a law enforcement official who has been duly
authorized in writing to file such ex parte application by the AntiTerrorism Council created in Section 53 of this Act to file such ex
parte application, and upon examination under oath or affirmation of

the applicant and, the witnesses he may produce to establish the
facts that will justify the need and urgency of examining and freezing
the bank deposits, placements, trust accounts, assets, and records:
(1) of the person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism; (2) of a judicially declared and
outlawed terrorist organization, association or group of persons; or
(3) of any member of such organization, association, or group of
persons.
SEC. 29. Classification and Contents of the Court Order
Authorizing the Examination of Bank Deposits, Accounts, and
Records. - The written order granted by the authorizing division of
the Court of Appeals as well as its order, if any, to extend or renew
the same, the original ex parte application of the applicant, including
his ex parte application to extend or renew, if any, and the written
authorizations of the Anti-Terrorism Council, shall be deemed and
are hereby declared as classified information: Provided, That the
person whose bank deposits, placements, trust accounts, assets,
and records have been examined, frozen, sequestered and seized
by law enforcement authorities has the right to be informed of the
acts done by the law enforcement authorities in the premises or to
challenge, if he or she intends to do so, the legality of the
interference. The written order of the authorizing division of the
Court of Appeals designated to handle cases involving terrorism
shall specify: (a) the identify of the said: (1) person charged with or
suspected of the crime of terrorism or conspiracy to commit
terrorism; (2) judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) member of such judicially
declared and outlawed organization, association, or group of
persons, as the case may be. whose deposits, placements, trust
accounts, assets, and records are to be examined or the information
to be gathered; (b) the identity of the bank or financial Institution
where such deposits, placements, trust accounts, assets, and
records are held and maintained; (c) the identity of the persons who
will conduct the said examination and the gathering of the desired
information; and, (d) the length of time the authorization shall be
carried out.

SEC. 30. Effective Period of Court Authorization to Examine
and Obtain Information on Bank Deposits, Accounts, and
Records. - The authorization issued or granted by the authorizing
division of the Court of Appeals to examine or cause the
examination of and to freeze bank deposits, placements, trust
accounts, assets, and records, or to gather information about the
same, shall be effective for the length of time specified in the written
order of the authorizing division of the Court of Appeals, which shall
not exceed a period of thirty (30) days from the date of receipt of the
written order of the authorizing division of the Court of Appeals by
the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or
renew the said authorization for another period, which shall not
exceed thirty (30) days renewable to another thirty (30) days from
the expiration of the original period: Provided, That the authorizing
division of the Court of Appeals is satisfied that such extension or
renewal is in the public interest: and, Provided, further, That the
application for extension or renewal, which must be filed by the
original applicant, has been duly authorized in writing by the AntiTerrorism Council.
In case of death of the original applicant or in case he is physically
disabled to file the application for extension or renewal, the one next
in rank to the original applicant among the members of the ream
named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal:
Provided, That, without prejudice to the liability of the police or law
enforcement personnel under Section 19 hereof, the applicant police
or law enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the
appropriate case before the Public Prosecutor's Office for any
violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant
police or law enforcement official shall immediately notify in writing
the person subject of the bank examination and freezing of bank
deposits, placements, trust accounts, assets and records. The
penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law
enforcement official who fails to notify in writing the person subject of
the bank examination and freezing of bank deposits, placements,
trust accounts, assets and records.

Any person, law enforcement official or judicial authority who
violates his duty to notify in writing as defined above shall suffer the
penalty of six years and one day to eight years of imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after
Examination of Deposits, Placements, Trust Accounts, Assets
and Records. - All information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and other documents obtained
from the examination of the bank deposits, placements, trust
accounts, assets and records of: (1) a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism; (2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a member of
any such organization, association, or group of persons shall, within
forty-eight (48) hours after the expiration of the period fixed in the
written order of the authorizing division of the Court of Appeals or
within forty-eight (48) hours after the expiration of the extension or
renewal granted by the authorizing division of the Court of Appeals,
be deposited with the authorizing division of the Court of Appeals in
a sealed envelope or sealed package, as the case may be, and shall
be accompanied by a joint affidavit of the applicant police or law
enforcement official and the persons who actually conducted the
examination of said bank deposits, placements, trust accounts,
assets and records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall
state: (a) the identifying marks, numbers, or symbols of the deposits,
placements, trust accounts, assets, and records examined; (b) the
identity and address of the bank or financial institution where such
deposits, placements, trust accounts, assets, and records are held
and maintained; (c) the number of bank deposits, placements, trust
accounts, assets, and records discovered, examined, and frozen; (d)
the outstanding balances of each of such deposits, placements, trust
accounts, assets; (e) all information, data, excerpts, summaries,
notes, memoranda, working sheets, reports, documents, records
examined and placed in the sealed envelope or sealed package
deposited with the authorizing division of the Court of Appeals; (f)
the date of the original written authorization granted by the AntiTerrorism Council to the applicant to file the ex parte Application to
conduct the examination of the said bank deposits, placements, trust
accounts, assets and records, as well as the date of any extension
or renewal of the original written authorization granted by the
authorizing division of the Court of Appeals; and (g) that the items
Enumerated were all that were found in the bank or financial
institution examined at the time of the completion of the
examination.

The joint affidavit shall also certify under oath that no duplicates or
copies of the information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents acquired from
the examination of the bank deposits, placements, trust accounts,
assets and records have been made, or, if made, that all such
duplicates and copies are placed in the sealed envelope or sealed
package deposited with the authorizing division of the Court of
Appeals.
It shall be unlawful for any person, police officer or custodian of the
bank data and information obtained after examination of deposits,
placements, trust accounts, assets and records to copy, to remove,
delete, expunge, incinerate, shred or destroy in any manner the
items enumerated above in whole or in part under any pretext
whatsoever,
Any person who copies, removes, deletes, expunges, incinerates,
shreds or destroys the items enumerated above shall suffer a
penalty of not less than six years and one day to twelve (12) years
of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed envelope or
sealed package and the contents thereof, which are deposited with
the authorizing division of the Court of Appeals, shall be deemed
and are hereby declared classified information and the sealed
envelope or sealed package shall not be opened and its contents
shall not be divulged, revealed, read, or used as evidence unless
authorized in a written order of the authorizing division of the Court
of Appeals, which written order shall be granted only upon a written
application of the Department of Justice filed before the authorizing
division of the Court of Appeals and only upon a showing that the
Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application, with notice in writing to
the party concerned not later than three days before the scheduled
opening, to open, reveal, divulge, and use the contents of the sealed
envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who
violates his duty to notify in writing as defined above shall suffer the
penalty of six years and one day to eight years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. - The
written application, with notice in writing to the party concerned not
later than three days of the scheduled opening, to open the sealed
envelope or sealed package shall clearly state the purpose and
reason: (a) for opening the sealed envelope or sealed package; (b)
for revealing and disclosing its classified contents; and, (c) for using

the classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any
information, data, excerpts, summaries, notes, memoranda, work
sheets, reports, or documents acquired from the examination of the
bank deposits, placements, trust accounts, assets and records of:
(1) a person charged or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism; (2) a judicially declared and
outlawed terrorist organization, association, or group of persons; or
(3) a member of such organization, association, or group of persons,
which have been secured in violation of the provisions of this Act,
shall absolutely not be admissible and usable as evidence against
anybody in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of
a Bank or a Financial Institution. - Any person, police or law
enforcement personnel who examines the deposits, placements,
trust accounts, assets, or records in a bank or financial institution of:
(1) a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism; (2) a judicially declared
and outlawed terrorist organization, association, or group of
persons; or (3) a member of such organization, association, or group
of persons, without being authorized to do so by the Court of
Appeals, shall be guilty of an offense and shall suffer the penalty of
ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of ten (10) years and
one day to twelve (12) years of imprisonment shall be imposed upon
any police or law enforcement personnel, who maliciously obtained
an authority from the Court of Appeals to examine the deposits,
placements, trust accounts, assets, or records in a bank or financial
institution of: (1) a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) a judicially declared
and outlawed terrorist organization, association, or group of
persons; or (3) a member of such organization, association, or group
of persons: Provided, That notwithstanding Section 33 of this Act,
the party aggrieved by such authorization shall upon motion duly
filed be allowed access to the sealed envelope or sealed package
and the contents thereof as evidence for the prosecution of any
police or law enforcement personnel who maliciously procured said
authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying a
Court Authorization. - An employee, official, or a member of the

board of directors of a bank or financial institution, who refuses to
allow the examination of the deposits, placements, trust accounts,
assets, and records of: (1) a person charged with or suspected of
the crime of terrorism or the crime of conspiracy to commit terrorism;
(2) a judicially declared and outlawed organization, association, or
group of persons; or (3) a member of such judicially declared and
outlawed organization, association, or group of persons in said bank
or financial institution, when duly served with the written order of the
authorizing division of the Court of Appeals, shall be guilty of an
offense and shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits. - Any false
or untruthful statement or misrepresentation of material fact in the
joint affidavits required respectively in Section 12 and Section 32 of
this Act shall constitute a criminal offense and the affiants shall
suffer individually the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and their
outstanding balances, placements, trust accounts, assets, and
records in any bank or financial institution, moneys, businesses,
transportation and communication equipment, supplies and other
implements, and property of whatever kind and nature belonging: (1)
to any person suspected of or charged before a competent Regional
Trial Court for the crime of terrorism or the crime of conspiracy to
commit terrorism; (2) to a judicially declared and outlawed
organization, association, or group of persons; or (3) to a member of
such organization, association, or group of persons shall be seized,
sequestered, and frozen in order to prevent their use, transfer, or
conveyance for purposes that are inimical to the safety and security
of the people or injurious to the interest of the State.
The accused or a person suspected of may withdraw such sums as
may be reasonably needed by the monthly needs of his family
including the services of his or her counsel and his or her family's
medical needs upon approval of the court. He or she may also use
any of his property that is under seizure or sequestration or frozen
because of his/her indictment as a terrorist upon permission of the
court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the
proper division of the Court of Appeals to allow the person accused
of the crime of terrorism or of the crime of conspiracy to commit
terrorism to withdraw such sums from sequestered or frozen
deposits, placements, trust accounts, assets and records as may be

necessary for the regular sustenance of his/her family or to use any
of his/her property that has been seized, sequestered or frozen for
legitimate purposes while his/her case is pending shall suffer the
penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records. The seized, sequestered and frozen bank deposits, placements,
trust accounts, assets and records belonging to a person suspected
of or charged with the crime of terrorism or conspiracy to commit
terrorism shall be deemed as property held in trust by the bank or
financial institution for such person and the government during the
pendency of the investigation of the person suspected of or during
the pendency of the trial of the person charged with any of the said
crimes, as the case may be and their use or disposition while the
case is pending shall be subject to the approval of the court before
which the case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen
Bank Deposits, Placements, Trust Accounts, Assets and
Record. - If the person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism is found, after his
investigation, to be innocent by the investigating body, or is
acquitted, after his arraignment or his case is dismissed before his
arraignment by a competent court, the seizure, sequestration and
freezing of his bank deposits, placements, trust accounts, assets
and records shall forthwith be deemed lifted by the investigating
body or by the competent court, as the case may be, and his bank
deposits, placements, trust accounts, assets and records shall be
deemed released from such seizure, sequestration and freezing,
and shall be restored to him without any delay by the bank or
financial institution concerned without any further action on his part.
The filing of any appeal on motion for reconsideration shall not state
the release of said funds from seizure, sequestration and freezing.
If the person charged with the crime of terrorism or conspiracy to
commit terrorism is convicted by a final judgment of a competent
trial court, his seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records shall be
automatically forfeited in favor of the government.
Upon his or her acquittal or the dismissal of the charges against him
or her, the amount of Five hundred thousand pesos (P500.000.00) a
day for the period in which his properties, assets or funds were
seized shall be paid to him on the concept of liquidated damages.
The amount shall be taken from the appropriations of the police or

law enforcement agency that caused the filing of the enumerated
charges against him/her.
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in
Restoring Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records. - Any person
who unjustifiably refuses to restore or delays the restoration of
seized, sequestered and frozen bank deposits, placements, trust
accounts, assets and records of a person suspected of or charged
with the crime of terrorism or conspiracy to commit terrorism after
such suspected person has been found innocent by the investigating
body or after the case against such charged person has been
dismissed or after he is acquitted by a competent court shall suffer
the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation
of Seized, Sequestered and Frozen Bank Deposits, Placements,
Trust Accounts, Assets and Records. - Any person who is
responsible for the loss, misuse, diversion, or dissipation of the
whole or any part of the seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records of a
person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. - Any
public officer who has direct custody of a detained person or under
the provisions of this Act and who by his deliberate act, misconduct,
or inexcusable negligence causes or allows the escape of such
detained person shall be guilty of an offense and shall suffer the
penalty of: (a) twelve (12) years and one day to twenty (20) years of
imprisonment, if the detained person has already been convicted
and sentenced in a final judgment of a competent court; and (b) six
years and one day to twelve (12) years of imprisonment, if the
detained person has not been convicted and sentenced in a final
judgment of a competent court.
SEC. 45. Immunity and Protection of Government Witnesses. The provisions of Republic Act No. 6981 (Witness Protection,
Security and Benefits Act) to the contrary notwithstanding, the
immunity of government witnesses testifying under this Act shall be
governed by Sections 17 and 18 of Rule 119 of the Rules of Court:
Provided, however, That said witnesses shall be entitled to benefits
granted to witnesses under said Republic Act No.6981.

SEC. 46. Penalty for Unauthorized Revelation of Classified
Materials. - The penalty of ten (10) years and one day to twelve (12)
years of imprisonment shall be imposed upon any person, police or
law enforcement agent, judicial officer or civil servant who, not being
authorized by the Court of Appeals to do so, reveals in any manner
or form any classified information under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged
Document, or Spurious Evidence. - The penalty of twelve (12)
years and one day to twenty (20) years of imprisonment shall be
imposed upon any person who knowingly furnishes false testimony,
forged document or spurious evidence in any investigation or
hearing under this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to
commit terrorism, the judge shall set the continuous trial on a daily
basis from Monday to Friday or other short-term trial calendar so as
to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another
Prosecution under the Revised Penal Code or any Special
Penal Laws. - When a person has been prosecuted under a
provision of this Act, upon a valid complaint or information or other
formal charge sufficient in form and substance to sustain a
conviction and after the accused had pleaded to the charge, the
acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for any offense or felony which is necessarily
included in the offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon
acquittal, any person who is accused of terrorism shall be entitled to
the payment of damages in the amount of Five hundred thousand
pesos (P500,000.00) for every day that he or she has been detained
or deprived of liberty or arrested without a warrant as a result of
such an accusation. The amount of damages shall be automatically
charged against the appropriations of the police agency or the AntiTerrorism Council that brought or sanctioned the filing of the charges
against the accused. It shall also be released within fifteen (15) days
from the date of the acquittal of the accused. The award of damages
mentioned above shall be without prejudice to the right of the
acquitted accused to file criminal or administrative charges against
those responsible for charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the release
or refuses to release the amounts awarded to the individual
acquitted of the crime of terrorism as directed in the paragraph

immediately preceding shall suffer the penalty of six months of
imprisonment.
If the deductions are less than the amounts due to the detained
persons, the amount needed to complete the compensation shall be
taken from the current appropriations for intelligence, emergency,
social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current
budget of the police or law enforcement agency concerned, the
amount shall be automatically included in the appropriations of the
said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and Address of
the Informant. - The police or law enforcement officers to whom the
name or a suspect in the crime of terrorism was first revealed shall
record the real name and the specific address of the informant.
The police or law enforcement officials concerned shall report the
informant's name and address to their superior officer who shall
transmit the information to the Congressional Oversight Committee
or to the proper court within five days after the suspect was placed
under arrest or his properties were sequestered, seized or frozen.
The name and address of the informant shall be considered
confidential and shall not be unnecessarily revealed until after the
proceedings against the suspect shall have been terminated.
SEC. 52. Applicability of the Revised Penal Code. - The
provisions of Book I of the Revised Penal Code shall be applicable
to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council,
hereinafter referred to, for brevity, as the "Council," is hereby
created. The members of the Council are: (1) the Executive
Secretary, who shall be its Chairperson; (2) the Secretary of Justice,
who shall be its Vice Chairperson; and (3) the Secretary of Foreign
Affairs; (4) the Secretary of National Defense; (5) the Secretary of
the Interior and Local Government; (6) the Secretary of Finance; and
(7) the National Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility
for the proper and effective implementation of the anti-terrorism
policy of the country. The Council shall keep records of its
proceedings and decisions. All records of the Council shall be
subject to such security classifications as the Council may, in its

judgment and discretion, decide to adopt to safeguard the safety of
the people, the security of the Republic, and the welfare of the
nation.
The National Intelligence Coordinating Agency shall be the
Secretariat of the Council. The Council shall define the powers,
duties, and functions of the National Intelligence Coordinating
Agency as Secretariat of the Council. The National Bureau of
Investigation, the Bureau of Immigration, the Office of Civil Defense,
the Intelligence Service of the Armed Forces of the Philippines, the
Anti-Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police intelligence
and investigative elements shall serve as support agencies for the
Council.
The Council shall formulate and adopt comprehensive, adequate,
efficient, and effective anti-terrorism plans, programs, and countermeasures to suppress and eradicate terrorism in the country and to
protect the people from acts of terrorism. Nothing herein shall be
interpreted to empower the Anti-Terrorism Council to exercise any
judicial or quasi-judicial power or authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate in
the previous Section, the Council shall have the following functions
with due regard for the rights of the people as mandated by the
Constitution and pertinent laws:
1. Formulate and adopt plans, programs and countermeasures against terrorists and acts of terrorism in the
country;
2. Coordinate all national efforts to suppress and eradicate
acts of terrorism in the country and mobilize the entire
nation against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all
persons accused or detained for the crime of terrorism or
conspiracy to commit terrorism and other offenses
punishable under this Act, and monitor the progress of their
cases;
4. Establish and maintain comprehensive data-base
information system on terrorism, terrorist activities, and
counter-terrorism operations;

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

Solicitors General designated by the Solicitor General, and the
regional prosecutors of the DOJ assigned to the regions where the
Deputy Ombudsmen hold office shall be members thereof. The three
subcommittees shall assist the Grievance Committee in receiving,
investigating and evaluating complaints against the police and other
law enforcement officers in the implementation of this Act. If the
evidence warrants it, they may file the appropriate cases against the
erring police and law enforcement officers. Unless seasonably
disowned or denounced by the complainants, decisions or
judgments in the said cases shall preclude the filing of other cases
based on the same cause or causes of action as those that were
filed with the Grievance Committee or its branches.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected
or convicted of the crime of terrorism shall be subjected to
extraordinary rendition to any country unless his or her testimony is
needed for terrorist related police investigations or judicial trials in
the said country and unless his or her human rights, including the
right against torture, and right to counsel, are officially assured by
the requesting country and transmitted accordingly and approved by
the Department of Justice.
SEC. 58. Extra-Territorial Application of this Act. - Subject to the
provision of an existing treaty of which the Philippines is a signatory
and to any contrary provision of any law of preferential application,
the provisions of this Act shall apply: (1) to individual persons who
commit any of the crimes defined and punished in this Act within the
terrestrial domain, interior waters, maritime zone, and airspace of
the Philippines; (2) to individual persons who, although physically
outside the territorial limits of the Philippines, commit, conspire or
plot to commit any of the crimes defined and punished in this Act
inside the territorial limits of the Philippines; (3) to individual persons
who, although physically outside the territorial limits of the
Philippines, commit any of the said crimes on board Philippine ship
or Philippine airship; (4) to individual persons who commit any of
said crimes within any embassy, consulate, or diplomatic premises
belonging to or occupied by the Philippine government in an official
capacity; (5) to individual persons who, although physically outside
the territorial limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippines descent, where their
citizenship or ethnicity was a factor in the commission of the crime;
and (6) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes directly
against the Philippine government.
SEC. 59. Joint Oversight Committee. - There is hereby created a
Joint Oversight Committee to oversee the implementation of this Act.

The Oversight Committee shall be composed of five members each
from the Senate and the House in addition to the Chairs of the
Committees of Public Order of both Houses who shall also Chair the
Oversight Committee in the order specified herein. The membership
of the Committee for every House shall at least have two opposition
or minority members. The Joint Oversight Committee shall have its
own independent counsel. The Chair of the Committee shall rotate
every six months with the Senate chairing it for the first six months
and the House for the next six months. In every case, the ranking
opposition or minority member of the Committee shall be the Vice
Chair. Upon the expiration of one year after this Act is approved by
the President, the Committee shall review the Act particularly the
provision that authorize the surveillance of suspects of or persons
charged with the crime of terrorism. To that end, the Committee shall
summon the police and law enforcement officers and the members
of the Anti-Terrorism Council and require them to answer questions
from the members of Congress and to submit a written report of the
acts they have done in the implementation of the law including the
manner in which the persons suspected of or charged with the crime
of terrorism have been dealt with in their custody and from the date
when the movements of the latter were subjected to surveillance
and his or her correspondences, messages, conversations and the
like were listened to or subjected to monitoring, recording and
tapping. Without prejudice to its submitting other reports, the
Committee shall render a semiannual report to both Houses of
Congress. The report may include where necessary a
recommendation to reassess the effects of globalization on terrorist
activities on the people, provide a sunset clause to or amend any
portion of the Act or to repeal the Act in its entirety. The courts
dealing with anti-terrorism cases shall submit to Congress and the
President a report every six months of the status of anti-terrorism
cases that have been filed with them starting from the date this Act
is implemented.
SEC. 60. Separability Clause. - If for any reason any part or
provision of this Act is declared unconstitutional or invalid, the other
parts or provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.
SEC. 61. Repealing Clause. - All laws, decrees, executive orders,
rules or regulations or parts thereof, inconsistent with the provisions
of this Act are hereby repealed, amended, or modified accordingly.
SEC. 62. Special Effectivity Clause. - After the bill shall have been
signed into law by the President, the Act shall be published in three
newspapers of national circulation; three newspapers of local
circulation, one each in llocos Norte, Baguio City and Pampanga;

three newspapers of local circulation, one each in Cebu, lloilo and
Tacloban; and three newspapers of local circulation, one each in
Cagayan de Oro, Davao and General Santos city.
The title of the Act and its provisions defining the acts of terrorism
that are punished shall be aired everyday at primetime for seven
days, morning, noon and night over three national television and
radio networks; three radio and television networks, one each in
Cebu, Tacloban and lloilo; and in five radio and television networks,
one each in Lanao del Sur, Cagayan de Oro, Davao City, Cotabato
City and Zamboanga City. The publication in the newspapers of local
circulation and the announcements over local radio and television
networks shall be done in the dominant language of the community.
After the publication required above shall have been done, the Act
shall take effect two months after the elections are held in May 2007.
Thereafter, the provisions of this Act shall be automatically
suspended one month before and two months as after the holding of
any election.

REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN
AND DEGRADING TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. - This Ad shall be known as the "AntiTorture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of
the State:
(a) To value the dignity of every human person and
guarantee full respect for human rights;
(b) To ensure that the human rights of all persons, including
suspects, detainees and prisoners are respected at all
times; and that no person placed under investigation or
held in custody of any person in authority or, agent of a
person authority shall be subjected to physical,
psychological or mental harm, force, violence, threat or
intimidation or any act that impairs his/her free wi11 or in
any manner demeans or degrades human dignity;
(c) To ensure that secret detention places, solitary,
incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the
absolute condemnation and prohibition of torture as
provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a State
party such as, but not limited to, the International Covenant
on Civil and Political Rights (ICCPR), the Convention on
the Rights of the Child (CRC), the Convention on the
Elimination of All Forms of Discrimination Against Women
(CEDA W) and the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
(CAT); and all other relevant international human rights
instruments to which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms
shall mean:

(a) "Torture" refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from
him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such
pain or suffering is inflicted by or at the instigation of or with
the consent or acquiescence of a person in authority or
agent of a person in authority. It does not include pain or
Buffering arising only from, inherent in or incidental to
lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or
punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4
of this Act, inflicted by a person in authority or agent of a
person in authority against a person under his/her custody,
which attains a level of severity causing suffering, gross
humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other
cruel, inhuman and degrading treatment or punishment as
defined above and any individual who has suffered harm as
a result of any act(s) of torture, or other cruel, inhuman and
degrading treatment or punishment.
(d) "Order of Battle" refers to any document or
determination made by the military, police or any law
enforcement agency of the government, listing the names
of persons and organizations that it perceives to be
enemies of the State and that it considers as legitimate
targets as combatants that it could deal with, through the
use of means allowed by domestic and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall
include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:

(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with
spoiled food, animal or human excreta and other
stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing of pepper
or other chemical substances on mucous
membranes, or acids or spices directly on the
wound(s);
(5) The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
(6) Being tied or forced to assume fixed and
stressful bodily position;
(7) Rape and sexual abuse, including the insertion
of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts
of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the
teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as
sunlight and extreme cold;
(12) The use of plastic bag and other materials
placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the
perception, memory. alertness or will of a person,
such as:

(i) The administration or drugs to induce
confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and

(11) Deliberately prohibiting the victim to
communicate with any member of his/her family;
and
(12) Other analogous acts of mental/psychological
torture.

(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed
by a person in authority or agent of a person in authority
which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s)
with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret
detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
prisoner;
(6) Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed
by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person
naked, parading him/her in public places, shaving
the victim's head or putting marks on his/her body
against his/her will;

Section 5. Other Cruel, Inhuman and Degrading Treatment or
Punishment. - Other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act, inflicted by
a person in authority or agent of a person in authority against
another person in custody, which attains a level of severity sufficient
to cause suffering, gross humiliation or debasement to the latter. The
assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or
punishment, its physical and mental effects and, in some cases, the
sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment, An Absolute Bight. - Torture
and other cruel, inhuman and degrading treatment or punishment as
criminal acts shall apply to all circumstances. A state of war or a
threat of war, internal political instability, or any other public
emergency, or a document or any determination comprising an
"order of battle" shall not and can never be invoked as a justification
for torture and other cruel, inhuman and degrading treatment or
punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary
confinement, incommunicado or other similar forms of detention,
where torture may be carried out with impunity. Are hereby
prohibited.
In which case, the Philippine National Police (PNP), the Armed
Forces of the Philippines (AFP) and other law enforcement.
agencies concerned shall make an updated list of all detention
centers and facilities under their respective jurisdictions with the
corresponding data on the prisoners or detainees incarcerated or
detained therein such as, among others, names, date of arrest and
incarceration, and the crime or offense committed. This list shall be
made available to the public at all times, with a copy of the complete
list available at the respective national headquarters of the PNP and
AFP. A copy of the complete list shall likewise be submitted by the
PNP, AFP and all other law enforcement agencies to the
Commission on Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first five (5) days of every

month at the minimum. Every regional office of the PNP, AFP and
other law enforcement agencies shall also maintain a similar list far
all detainees and detention facilities within their respective areas,
and shall make the same available to the public at all times at their
respective regional headquarters, and submit a copy. updated in the
same manner provided above, to the respective regional offices of
the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any
confession, admission or statement obtained as a result of torture
shall be inadmissible in evidence in any proceedings, except if the
same is used as evidence against a person or persons accused of
committing torture.
Section 9. Institutional Protection of Torture Victims and Other
Persons Involved. - A victim of torture shall have the following rights
in the institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the
CHR and by agencies of government concerned such as
the Department of Justice (DOJ), the Public Attorney's
Office (PAO), the PNP, the National Bureau of Investigation
(NBI) and the AFP. A prompt investigation shall mean a
maximum period of sixty (60) working days from the time a
complaint for torture is filed within which an investigation
report and/or resolution shall be completed and made
available. An appeal whenever available shall be resolved
within the same period prescribed herein,
(b) To have sufficient government protection against all
forms of harassment; threat and/or intimidation as a
consequence of the filing of said complaint or the
presentation of evidence therefor. In which case, the State
through its appropriate agencies shall afford security in
order to ensure his/her safety and all other persons
involved in the investigation and prosecution such as, but
not limited to, his/her lawyer, witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by
which he/she testifies and presents evidence in any fora in
order to avoid further trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and
Habeas Data Proceedings and Compliance with a Judicial 07'der. A writ of habeas corpus or writ of amparo or writ of habeas data
proceeding, if any, filed on behalf of the victim of torture or other

cruel, degrading and inhuman treatment or punishment shall be
disposed of expeditiously and any order of release by virtue thereof,
or other appropriate order of a court relative thereto, shall be
executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the
PAO shall render legal assistance in the investigation and
monitoring and/or filing of the complaint for a person who suffers
torture and other cruel, inhuman and degrading treatment or
punishment, or for any interested party thereto.
The victim or interested party may also seek legal assistance from
the Barangay Human Rights Action Center (BRRAC) nearest
him/her as well as from human rights nongovernment organizations
(NGOs).
Section 12. Right to' Physical, Medical and Psychological
Examination. - Before and after interrogation, every person arrested,
detained or under custodial investigation shall have the right to he
informed of his/her right to demand physical examination by an
independent and competent doctor of his/her own choice. If such
person cannot afford the services of his/her own doctor, he/she shall
he provided by the State with a competent and independent doctor
to conduct physical examination. The State shall endeavor to
provide the victim with psychological evaluation if available under
the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person
arrested, detained or under custodial investigation, including his/her
immediate family, shall have the right to immediate access to proper
and adequate medical treatment. The physical examination and/or
psychological evaluation of the victim shall be contained in a
medical report, duly signed by the attending physician, which shall
include in detail his/her medical history and findings, and which shall
he attached to the custodial investigation report. Such report shall
be considered a public document.
Following applicable protocol agreed upon by agencies tasked to
conduct physical, psychological and mental examinations, the
medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient
or victim;

(c) The name and address of the person who brought the
patient or victim for physical, psychological and mental
examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's
injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury, pain,
disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma
was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the
patient.
Any person who does not wish to avail of the rights under this
pr<;lvision may knowingly and voluntarily waive such rights in
writing, executed in the presence and assistance of his/her counsel.
Section 13. Who are Criminally Liable. - Any person who actually
participated Or induced another in the commission of torture or other
cruel, inhuman and degrading treatment or punishment or who
cooperated in the execution of the act of torture or other cruel,
inhuman and degrading treatment or punishment by previous or
simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior
government official who issued an order to any lower ranking
personnel to commit torture for whatever purpose shall be held
equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP
or the immediate senior public official of the PNP and other law
enforcement agencies shall be held liable as a principal to the crime
of torture or other cruel or inhuman and degrading treatment or
punishment for any act or omission, or negligence committed by
him/her that shall have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by his/her subordinates.
If he/she has knowledge of or, owing to the circumstances at the
time, should have known that acts of torture or other cruel, inhuman
and degrading treatment or punishment shall be committed, is being
committed, or has been committed by his/her subordinates or by
others within his/her area of responsibility and, despite such

knowledge, did not take preventive or corrective action either before,
during or immediately after its commission, when he/she has the
authority to prevent or investigate allegations of torture or other
cruel, inhuman and degrading treatment or punishment but failed to
prevent or investigate allegations of such act, whether deliberately
or due to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if
he/she has knowledge that torture or other cruel, inhuman and
degrading treatment or punishment is being committed and without
having participated therein, either as principal or accomplice, takes
part subsequent to its commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to
profit from the effects of the act of torture or other cruel,
inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman
and degrading treatment or punishment and/or destroying
the effects or instruments thereof in order to prevent its
discovery; or(c) By harboring, concealing or assisting m the
escape of the principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment:
Provided, That the accessory acts are done with the abuse
of the official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall
be imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and,
in consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or
maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on
those who commit any act of mental/psychological torture
resulting in insanity, complete or partial amnesia, fear of

becoming insane or suicidal tendencies of the victim due to
guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on
those who commit any act of torture resulting in
psychological, mental and emotional harm other than those
described 1n paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and
maximum periods shall be imposed if, in consequence of
torture, the victim shall have lost the power of speech or
the power to hear or to smell; or shall have lost an eye, a
hand, a foot, an arm or a leg; or shall have lost the use of
any such member; Or shall have become permanently
incapacitated for labor.
(e) The penalty of prision mayor in its minimum and
medium periods shall be imposed if, in consequence of
torture, the victim shall have become deformed or shall
have lost any part of his/her body other than those
aforecited, or shall have lost the use thereof, or shall have
been ill or incapacitated for labor for a period of more than
ninety (90) days.
(f) The penalty of prision correccional in its maximum
period to prision mayor in its minimum period shall be
imposed if, in consequence of torture, the victim shall have
been ill or incapacitated for labor for mare than thirty (30)
days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and
medium period shall be imposed if, in consequence of
torture, the victim shall have been ill or incapacitated for
labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts
constituting cruel, inhuman or degrading treatment or
punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed
upon those who establish, operate and maintain secret
detention places and/or effect or cause to effect solitary
confinement, incommunicado or other similar forms of
prohibited detention as provided in Section 7 of this Act
where torture may be carried out with impunity.

(j) The penalty of arresto mayor shall be imposed upon the
responsible officers or personnel of the AFP, the PNP and
other law enforcement agencies for failure to perform
his/her duty to maintain, submit or make available to the
public an updated list of detention centers and facilities with
the corresponding data on the prisoners or detainees
incarcerated or detained therein, pursuant to Section 7 of
this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture
as a crime shall not absorb or shall not be absorbed by any other
crime or felony committed as a consequence, or as a means in the
conduct or commission thereof. In which case, torture shall be
treated as a separate and independent criminal act whose penalties
shall be imposable without prejudice to any other criminal liability
provided for by domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. In order not to depreciate the crime of torture, persons who have
committed any act of torture shall not benefit from any special
amnesty law or similar measures that will have the effect of
exempting them from any criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled,
returned or extradited to another State where there are substantial
grounds to believe that such person shall be in danger of being
subjected to torture. For the purposes of determining whether such
grounds exist, the Secretary of the Department of Foreign Affairs
(DFA) and the Secretary of the DOJ, in coordination with the
Chairperson of the CHR, shall take into account all relevant
considerations including, where applicable and not limited to, the
existence in the requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who
has suffered torture shall have the right to claim for compensation as
provided for under Republic Act No. 7309: Provided, That in no case
shall compensation be any lower than Ten thousand pesos
(P10,000.00). Victims of torture shall also have the right to claim for
compensation from such other financial relief programs that may be
made available to him/her under existing law and rules and
regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one
(1) year from the effectivity of this Act, the Department of Social
Welfare and Development (DSWD), the DOJ and the Department of
Health (DOH) and such other concerned government agencies, and

human rights organizations shall formulate a comprehensive
rehabilitation program for victims of torture and their families. The
DSWD, the DOJ and thc DOH shall also call on human rights
nongovernment organizations duly recognized by the government to
actively participate in the formulation of such program that shall
provide for the physical, mental, social, psychological healing and
development of victims of torture and their families. Toward the
attainment of restorative justice, a parallel rehabilitation program for
persons who have committed torture and other cruel, inhuman and
degrading punishment shall likewise be formulated by the same
agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight
Committee is hereby created to periodically oversee the
implementation of this Act. The Committee shall be headed by a
Commissioner of the CRR, with the following as members: the
Chairperson of the Senate Committee on Justice and Human
Rights, the respective Chairpersons of the House of
Representatives' Committees on Justice and Human Rights, and the
Minority Leaders of both houses or their respective representatives
in the minority.
Section 21. Education and Information Campaign. - The CHR, the
DOJ, the Department of National Defense (DND), the Department of
the Interior and Local Government (DILG) and such other concerned
parties in both the public and private sectors shall ensure that
education and information regarding prohibition against torture and
other cruel, inhuman and degrading treatment or punishment shall
be fully included in the training of law enforcement personnel, civil or
military, medical personnel, public officials and other persons who
may be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment.
The Department of Education (DepED) and the Commission on
Higher Education (CHED) shall also ensure the integration of human
rights education courses in all primary, secondary and tertiary level
academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The
provisions of the Revised Penal Code insofar as they are applicable
shall be suppletory to this Act. Moreover, if the commission of any
crime punishable under Title Eight (Crimes Against Persons) and
Title Nine (Crimes Against Personal Liberty and Security) of the
Revised Penal Code is attended by any of the acts constituting
torture and other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to be imposed shall be in
its maximum period.

Section 23. Appropriations. - The amount of Five million pesos
(Php5,000,000.00) is hereby appropriated to the CHR for the initial
implementation of tills Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The DOJ and
the CHR, with the active participation of human rights
nongovernmental organizations, shall promulgate the rules and
regulations for the effective implementation of tills Act. They shall
also ensure the full dissemination of such rules and regulations to all
officers and members of various law enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act is
declared invalid or unconstitutional, the other provisions not affected
thereby shall continue to be in full force and effect.
Section 26. Repealing Clause. - All laws, decrees, executive orders
or rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Republic Act No. 9775
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

(a) "Child" refers to a person below eighteen (18) years of
age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or
condition.
For the purpose of this Act, a child shall also refer to:

(d) "Internet address" refers to a website, bulletin board
service, internet chat room or news group, or any other
internet or shared network protocol address.
(e) "Internet cafe or kiosk" refers to an establishment that
offers or proposes to offer services to the public for the use
of its computer/s or computer system for the purpose of
accessing the internet, computer games or related
services.

Section 1. Short Title. - This Act shall be known as the "Anti-Child
Pornography Act of 2009."

(1) a person regardless of age who is presented,
depicted or portrayed as a child as defined herein;
and

Section 2. Declaration of Policy. - The State recognizes the vital role
of the youth in nation building and shall promote and protect their
physical, moral, spiritual, intellectual, emotional, psychological and
social well-being. Towards this end, the State shall:

(2) computer-generated, digitally or manually
crafted images or graphics of a person who is
represented or who is made to appear to be a
child as defined herein.

(g) "Internet service provider (ISP)" refers to a person or
entity that supplies or proposes to supply, an internet
carriage service to the public.

(a) Guarantee the fundamental rights of every child from all
forms of neglect, cruelty and other conditions prejudicial to
his/her development;

(b) "Child pornography" refers to any representation,
whether visual, audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in real or
simulated explicit sexual activities.

(h) "Grooming" refers to the act of preparing a child or
someone who the offender believes to be a child for sexual
activity or sexual relationship by communicating any form
of child pornography. It includes online enticement or
enticement through any other means.

(c) "Explicit Sexual Activity" includes actual or simulated -

(i) "Luring" refers to the act of communicating, by means of
a computer system, with a child or someone who the
offender believes to be a child for the purpose of facilitating
the commission of sexual activity or production of any form
of child pornography.(2) Bestiality;

(b) Protect every child from all forms of exploitation and
abuse including, but not limited to:
(1) the use of a child in
performances and materials; and

pornographic

(2) the inducement or coercion of a child to
engage or be involved in pornography through
whatever means; and
(c) Comply with international treaties to which the
Philippines is a signatory or a State party concerning the
rights of children which include, but not limited to, the
Convention on the Rights of the Child, the Optional
Protocol to the Convention on the Rights of the Child of the
Child on the Sale of Children, Child Prostitution and Child
Pornography, the International Labor Organization (ILO)
Convention No.182 on the Elimination of the Worst Forms
of Child Labor and the Convention Against Transnational
Organized Crime.
Section 3. Definition of Terms. -

(1) As to form:
(i) sexual intercourse or lascivious act including,
but not limited to, contact involving genital to
genital, oral to genital, anal to genital, or oral to
anal, whether between persons of the same or
opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks,
breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious
acts

(f) "Internet content host" refers to a person who hosts or
who proposes to host internet content in the Philippines.

(j) "Pandering" refers to the act of offering, advertising,
promoting, representing or distributing through any means
any material or purported material that is intended to cause
another to believe that the material or purported material
contains any form of child pornography, regardless of the
actual content of the material or purported material.
(k) "Person" refers to any natural or juridical entity.
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any
person:
(a) To hire, employ, use, persuade, induce or coerce a child
to perform in the creation or production of any form of child
pornography;

(b) To produce, direct, manufacture or create any form of
child pornography;

group of three (3) or more persons conspiring or confederating with
one another and shall be punished under Section 15(a) of this Act.

(c) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;

Section 6. Who May File a Complaint. - Complaints on cases of any
form of child pornography and other offenses punishable under this
Act may be filed by the following:

(d) To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast: Provided.
That possession of three (3) or more articles of child
pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally provide a venue
for the commission of prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;

(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;
(d) Officer, social worker or representative of a licensed
child-caring institution;
(e) Officer or social worker of the Department of Social
Welfare and Development (DSWD);

(g) Barangay chairman;

(h) To engage in the luring or grooming of a child;

(i) At least three (3) concerned responsible citizens residing
in the place where the violation occurred; or

(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated
in this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more
persons come to an agreement concerning the commission
of any of the said prohibited acts and decide to commit it;
and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child
pornography is deemed committed by a syndicate if carried out by a

Furthermore, an ISP shall preserve such evidence for purpose of
investigation and prosecution by relevant authorities.
An ISP shall, upon the request of proper authorities, furnish the
particulars of users who gained or attempted to gain access to an
internet address which contains any form of child pornography.
All ISPs shall install available technology, program or software to
ensure that access to or transmittal of any form of child pornography
will be blocked or filtered.

(f) Local social welfare development officer;

(g) For a parent, legal guardian or person having custody
or control of a child to knowingly permit the child to engage,
participate or assist in any form of child pornography;

(i) To engage in pandering of any form of child
pornography;

Section 9. Duties of an Internet Service Provider (ISP). - All internet
service providers (ISPs) shall notify the Philippine National Police
(PNP) or the National Bureau of Investigation (NBI) within seven (7)
days from obtaining facts and circumstances that any form of child
pornography is being committed using its server or facility. Nothing
in this section may be construed to require an ISP to engage in the
monitoring of any user, subscriber or customer, or the content of any
communication of any such person: Provided, That no ISP shall be
held civilly liable for damages on account of any notice given in good
faith in compliance with this section.

An ISP who shall knowingly, willfully and intentionally violate this
provision shall be subject to the penalty provided under Section
15(k) of this Act.

(h) Any law enforcement officer;

(j) Any person who has personal knowledge of the
circumstances of the commission of any offense under this
Act.
Section 7. Appointment of Special Prosecutors. - The Department
of Justice (DOJ) shall appoint or designate special prosecutors to
prosecute cases for the violation of this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of
this Act shall be vested in the Family Court which has territorial
jurisdiction over the place where the offense or any of its essential
elements was committed pursuant to Republic Act No. 8369,
otherwise known as "Family Courts Act of 1997".

The National Telecommunications Commission (NTC) shall
promulgate within ninety (90) days from the effectivity of this Act the
necessary rules and regulations for the implementation of this
provision which shall include, among others, the installation of
filtering software that will block access to or transmission of any form
of the child pornography.
Section 10. Responsibility of Mall Owners/Operators and Owners or
Lessors of Other Business Establishments. - All mall
owners/operators and owners or lessors of other business
establishments shall notify the PNP or the NBI within seven (7) days
from obtaining facts and circumstances that child pornography is
being committed in their premises. Provided, That public display of
any form of child pornography within their premises is a conclusive
presumption of the knowledge of the mall owners/operators and
owners or lessors of other business establishments of the violation
of this Act: Provided, further, That a disputable presumption of
knowledge by mall owners/operators and owners or lessors of other
business establishments should know or reasonably know that a
violation of this Act is being committed in their premises.

Photo developers, information technology professionals, credit card
companies and banks and any person who has direct knowledge of
any form of child pornography activities shall have the duty to report
any suspected child pornography materials or transactions to the
proper authorities within seven (7) days from discovery thereof.
Any willful and intentional violation of this provision shall be subject
to the penalty provided under Section 15(l) of this Act.
Section 11. Duties of an Internet Content Host. - An internet content
host shall:
(a) Not host any form of child pornography on its internet
address;
(b) Within seven (7) days, report the presence of any form
of child pornography, as well as the particulars of the
person maintaining, hosting, distributing or in any manner
contributing to such internet address, to the proper
authorities; and
(c) Preserve such evidence for purposes of investigation
and prosecution by relevant authorities.
An internet content host shall, upon the request of proper
authorities, furnish the particulars of users who gained or attempted
to gain access to an internet address that contains any form of child
pornography.
An internet content host who shall knowingly, willfully and
intentionally violate this provision shall be subject to the penalty
provided under Section 15(j) of this Act: Provided, That the failure of
the internet content host to remove any form of child pornography
within forty-eight (48) hours from receiving the notice that any form
of child pornography is hitting its server shall be conclusive evidence
of willful and intentional violation thereof.
Section 12. Authority to Regulate Internet Café or Kiosk. - The local
government unit (LGU) of the city or municipality where an internet
café or kiosk is located shall have the authority to monitor and
regulate the establishment and operation of the same or similar
establishments in order to prevent violation of the provisions of this
Act.
Section 13. Confidentiality. - The right to privacy of the child shall be
ensured at any stage of the investigation, prosecution and trial of an

offense under this Act. Towards this end, the following rules shall be
observed:
(a) The judge, prosecutor or any officer of the law to whom
the complaint has been referred to may, whenever
necessary to ensure a fair and impartial proceeding and
after considering all circumstances for the best interest of
the child conduct a closed-door investigation, prosecution
or trial;
(b) The name and personal circumstances of the child,
including the child's immediate family, or any other
information tending to establish his/her identity shall not be
disclosed to the public;
(c) Any record regarding a child shall be confidential and
kept under seal. Except upon written request and order of
the court, a record shall be released only to the following:
(1) Members of the court staff for administrative
use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement
agencies and

(3) No person shall be granted access to any form
of child pornography or any part thereof unless
he/she signs a written affirmation that he/she has
received and read a copy of the protection order;
that he/she submits to the jurisdiction of the court
with respect to the protective order; and that, in
case of violation thereof, he/she will be subject to
the contempt power of the court; and
(e) In cases when prosecution or trial is conducted behind
closed doors, it shall be unlawful for any editor, publisher
and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio,
producer and director of a film in case of the movie
industry, or any person utilizing the tri-media facilities or
information technology to publish or broadcast the names
of the victims of any case of child pornography.
Any violation of this provision shall be subject to the penalty
provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child Victim. - The
DSWD shall ensure that the child who is a victim of any form of child
pornography is provided appropriate care, custody and support for
their recovery and reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as well as to
the rights and benefits of witnesses underRepublic Act No.
6981, otherwise known as "The Witness Protection, Security and
Benefit Act".

(d) Any form of child pornography that is part of the court
records shall be subject to a protective order that provides
as follows:

The child shall also be considered as a victim of a violent crime
defined under Section 3(d) of Republic Act No. 7309, otherwise
known as "An Act Creating a Board of Claims under the Department
of Justice for Victims of Unjust Imprisonment or Detention and
Victims of Violent Crimes and for Other Purposes", so that the child
may claim compensation therein.

(1) Any form of child pornography may be viewed
only by the parties, their counsel, their expert
witness and guardian ad litem;

Section 15. Penalties and Sanctions. - The following penalties and
sanctions are hereby established for offenses enumerated in this
Act:

(2) Neither form of child pornography nor any
portion thereof shall be divulged to any other
person, except as necessary for investigation,
prosecution or trial; and

(a) Any person found guilty of syndicated child pornography
as defined in Section 5 of this Act shall suffer the penalty
of reclusion perpetua and a fine of not less than Two million

(6) Other persons as determined by the court.

pesos (Php2,000,000.00) but not more than Five million
pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and
(c) of this Act shall suffer the penalty ofreclusion temporal in
its maximum period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million
(Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and
(f) of this Act shall suffer the penalty ofreclusion temporal in
its medium period and a fine of not less than Seven
hundred fifty thousand pesos (Php750,000.00) but not
more than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) of this
Act shall suffer the penalty of reclusion temporalin its
minimum period and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Seven
hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this
Act shall suffer the penalty of prision mayor in its maximum
period and a fine of not less than Three hundred thousand
pesos (Php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this
Act shall suffer the penalty of prision mayor in its minimum
period and a fine of not less than Three hundred thousand
pesos (php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this
Act shall suffer the penalty of prision correccionalin its
maximum period and a fine of not less than Two hundred
thousand pesos (Php200,000.00) but not more than Three
hundred thousand pesos (Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this
Act shall suffer the penalty of prision correccionalin its
medium period and a fine of not less than One hundred
thousand pesos (php100,000.00) but not more than Two
hundred fifty thousand pesos (php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this
Act shall suffer the penalty of arresto mayor in its minimum
period and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not more than One hundred thousand
pesos (Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act
shall suffer the penalty of prision correccional in its medium
period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) for the first offense. In the case of a
subsequent offense, the penalty shall be a fine not less
than Two million pesos (Php2,000,000.00) but not more
than Three million pesos (Php3,000,000.00) and revocation
of its license to operate and immediate closure of the
establishment;
(k) Any ISP found guilty of willfully and knowingly failing to
comply with the notice and installation requirements under
Section 9 of this Act shall suffer the penalty of a fine of not
less than Five hundred thousand pesos (Php500,000.00)
but not more than One million pesos (Php1,000,000.00) for
the first offense. In case of subsequent offense, the penalty
shall be a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) and revocation of its license to operate;
(l) Any mall owner-operator and owner or lessor of other
business establishments including photo developers,
information
technology professionals,
credit
card
companies and banks, found guilty of willfully and
knowingly failing to comply with the notice requirements
under Section 10 of this Act shall suffer the penalty of a fine
of not less than One million pesos (Php1,000,000.00) but
not more than Two million pesos (Php2,000,000.00) for the
first offense. In the case of a subsequent offense, the
penalty shall be a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate
and immediate closure of the establishment; and
(m) Any person found guilty of violating Section 13 of this
Act shall suffer the penalty of arresto mayor in its minimum
period and a fine of not less than One hundred thousand
pesos (Php100,000.00) but not more than Three hundred
thousand pesos (Php300,000.00).

Section 16. Common Penal Provisions. (a) If the offender is a parent, ascendant, guardian, stepparent or collateral relative within the third degree of
consanguinity or affinity or any person having control or
moral ascendancy over the child, the penalty provided
herein shall be in its maximum duration; Provided, That this
provision shall not apply to Section 4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be
imposed upon the owner, manager, partner, member of the
board of directors and/or any responsible officer who
participated in the commission of the crime or shall have
knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be
immediately deported after the complete service of his/her
sentence and shall forever be barred from entering the
country; and
(d) The penalty provided for in this Act shall be imposed in
its maximum duration if the offender is a public officer or
employee.
Section 17. Confiscation and Forfeiture of the Proceeds, Tools and
Instruments Used in Child Pornography. - In addition to the penalty
imposed for the violation of this Act, the court shall order the
confiscation and forfeiture in favor of the government of all the
proceeds, tools and instruments used in the commission of the
crime, unless they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for damages shall
be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient,
the deficiency shall be taken from the confiscated and forfeited
proceeds, tools and instruments.
All proceeds derived from the sale of properties used for the
commission of any form of child pornography shall accrue to the
special account of the DSWD which shall be used exclusively for the
implementation of this Act.
When the proceeds, tools and instruments used in the commission
of the offense have been destroyed diminished in value or otherwise
rendered worthless by any act or omission, directly or indirectly, of
the offender, or it has been concealed, removed, converted or
transferred to prevent the same from being found or to avoid

forfeiture or confiscation, the offender shall be ordered to pay the
amount equal to the value of the proceeds, tools and instruments
used in the commission of the offense.
Section 18. Mandatory Services to Victims of Child Pornography. To ensure recovery, rehabilitation and reintegration into the
mainstream of society concerned government agencies and the
LGUs shall make available the following services to victims of any
form of child pornography:

law and the establishment of a data collection system for
monitoring and evaluation purposes;
(c) Provision of necessary technical and material support
services to appropriate government agencies and
nongovernmental organizations:

(a) Emergency shelter or appropriate housing;

(d) Sponsorship of conferences and seminars to provide
venue for consensus building amongst the public, the
academe , government, nongovernmental and international
organizations and

(b) Counseling;

(e) Promotion of information and education campaign.

(c) Free legal services, which shall include information
about the victim's rights and the procedure for filing of
complaints, claims for compensation and such other legal
remedies available to them in a language understood by
the child;

Section 20. Inter - Agency Council against Child Pornography. There is hereby established an Inter-Agency Council against Child
Pornography to be composed of the Secretary of the DSWD as
chairperson and the following as members:
(a) Secretary of the Department of Justice:

(d) Medical or psychological services;
(b) Secretary of the Department of Labor and Employment
(e) Livelihood and skills training; and
(c) Secretary of the Department of Science and Technology
(f) Educational assistance.
(d) Chief of the Philippine National Police;
Sustained supervision and follow through mechanism that will track
the progress of recovery, rehabilitation and reintegration of the child
victims shall adopted and carried out.
Section 19. Programs for Victims of Child Pornography. The InterAgency Council Against Child Pornography created under Section
20 of this Act shall develop and implement the necessary programs
that will prevent any form of child pornography, as well as protect,
heal and reintegrate the child into the mainstream of society. Such
programs shall include beat but not limited to the following:
(a) Provision of mandatory services including counseling
free legal services, medical or psychological services,
livelihood and skills training and educational assistance to
the child pursuant to Section 18 of this Act;
(b) Sponsorship of a national research program on any
form of child pornography and other acts covered by the

(e) Chairperson of the Commission on Information and
Communications Technology;
(g) Commissioner of the National Telecommunications
Commission;
(h) Executive Director of the Council for the Welfare of
Children;
(i) Executive Director of the Philippine Center for
Transnational Crimes;
(j) Executive Director of the Optical Media Board;
(k) Director of the National Bureau of Investigation; and

(l)
Three
(3)
representatives
from
children's
nongovernmental organizations. These representatives
shall be nominated by the government agency
representatives of the Council for appointment by the
President for a term of three (3) years and may be renewed
upon renomination and reappointment by the Council and
the President respectively.
The members of the Council mat designate their permanent
representatives, who shall have a rank not lower than assistant
secretary or its equivalent, to meetings and shall receive
emoluments as may be determined by the Council in accordance
with existing budget and accounting rules and regulations.
The DSWD shall establish the necessary Secretariat for the Council.
Section 21. Functions of the Council. - The Council shall have the
following powers and functions:
(a) Formulate comprehensive and integrated plans and
programs to prevent and suppress any form of child
pornography;
(b) Promulgate rules and regulations as may be necessary
for the effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this
Act;
(d) Coordinate the programs and projects of the various
members agencies effectively address the issues and
problems attendant to child pornography;
(e) Conduct and coordinate massive information
disseminations and campaign on the existence of the law
and the various issues and problems attendant to child
pornography;
(f) Direct other agencies to immediately respond to the
problems brought to their attention and report to the
Council on the action taken;
(g) Assist in the filling of cases against individuals,
agencies, institutions or establishments that violate the
provisions of this Act;

(h) Formulate a program for the reintegration of victims of
child pornography;
(i) Secure from any department, bureau, office, agency or
instrumentality of the government or from NGOs and other
civic organizations such assistance as may be needed to
effectively implement this Act;
(j) Complement the shared government information system
relative to child abuse and exploitation and ensure that the
proper agencies conduct a continuing research and study
on the patterns and schemes of any form of child
pornography which form basis for policy formulation and
program direction;
(k) develop the mechanism to ensure the timely,
coordinated and effective response to cases of child
pornography;
(l) Recommend measures to enhance cooperative efforts
and mutual assistance among foreign countries through
bilateral and/or multilateral arrangements to prevent and
suppress any form of child pornography;
(m) Adopt measures and policies to protect the rights and
needs of the victims of child pornography who are foreign
nationals in the Philippines;
(n) maintain a database of cases of child pornography;
(o) Initiate training programs in identifying and providing the
necessary intervention or assistance to victims of child
pornography.
(p) Submit to the President and the Congressional
Oversight committee credited herein the annual report on
the policies, plans, programs and activities of the Council
relative to the implementation of this Act; and
(q) Exercise all the powers and perform such other
functions necessary to attain the purposes and objectives
of this Act.
Section 22. Child Pornography as a Transnational Crime. - Pursuant
to the Convention on transnational Organized Crime, the DOJ may

execute the request of a foreign state for assistance in the
investigation or prosecution of any form of child pornography by: (1)
conducting a preliminary investigation against the offender and, if
appropriate, to file the necessary charges in court; (2) giving
information needed by the foreign state; and (3) to apply for an order
of forfeiture of any proceeds or monetary instrument or properly
located in the Philippines used in connection with child pornography
in the court; Provided, That if the DOJ refuses to act on the request
of for delaying the execution thereof: Provided, further, That the
principles of mutuality and reciprocity shall, for this purpose, be at all
times recognized.
Section 23. Extradition. - The DOJ, in consultation with the
Department of Foreign Affairs (DFA), shall endeavor to include child
pornography among extraditable offenses in future treaties.
Section 24. Congressional Oversight Committee. -There is hereby
created a Congressional Oversight Committee composed of five (5)
members from the Senate and five (5) members from the House of
Representatives. The members from the Senate shall be appointed
by the Senate President based on proportional representation of the
parties or coalition therein with at least one (1) member representing
the Minority. The members from the House of Representative shall
be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with the Chair of
the House of Committee on Welfare of Children and at least one (1)
member representing the Minority
The Committee shall be headed by the respective Chairs of the
Senate Committee on Youth, Women and Family relations and the
House of Representatives Committee on Justice. The Secretariat of
the Congressional Oversight Committee shall come from the
existing Secretariat personnel of the Committees of the Senate and
the House of Representatives concerned.
The Committee shall monitor and ensure the effective
implementation of this Act, determine inherent weakness and
loopholes in the law. Recommend the necessary remedial legislator
or administrative measures and perform such other duties and
functions as may be necessary to attain the objectives of this Act.
Section 25. Appropriations. - The amount necessary to implement
the provisions of the Anti-Child Pornography Act and the
operationalization of the Inter-Agency Council Against Child
Pornography shall be included in the annual General Appropriations
Act.

Section 26. Implementing Rules and Regulations. - The InterAgency Council Against Child pornography shall promulgate the
necessary implementing rules and regulations within ninety (90)
days from the effectivity of this Act.
Section 27. Suppletory Application of the Revised Penal Code. The Revised penal Code shall be suppletorily applicable to this Act.
Section 28. Separability Clause. - If any part of this Act is declared
unconstitutional or invalid, the other provisions not affected thereby
shall continue to be in full force and effect.
Section 29. Repealing Clause. - All laws, presidential decrees,
executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.
Section 30. Effectivity. - This Act shall effect after fifteen (15) days
following its complete publication in the Official Gazette or in at least
two (2) newspapers of general circulation.

REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND
OTHER
CRIMES
AGAINST
HUMANITY,
ORGANIZING
JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR
RELATED PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
Section 1. Short Title. - This Act shall be known as the "Philippine
Act on Crimes Against International Humanitarian Law,
Genocide, and Other Crimes Against Humanity".
Section 2. Declaration of Principles and State Policies. (a) The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres
to a policy of peace, equality, justice, freedom, cooperation
and amity with all nations.
(b) The state values the dignity of every human person and
guarantees full respect for human rights, including the
rights of indigenous cultural communities and other
vulnerable groups, such as women and children;
(c) It shall be the responsibility of the State and all other
sectors concerned to resolved armed conflict in order to
promote the goal of "Children as Zones of Peace";
(d) The state adopts the generally accepted principles of
international law, including the Hague Conventions of 1907,
the Geneva Conventions on the protection of victims of war
and international humanitarian law, as part of the law our
nation;
(e) The most serious crimes of concern to the international
community as a whole must not go unpunished and their
effective prosecution must be ensured by taking measures
at the national level, in order to put an end to impunity for

the perpetrators of these crimes and thus contribute to the
prevention of such crimes, it being the duty of every State
to exercise its criminal jurisdiction over those responsible
for international crimes;
(f) The State shall guarantee persons suspected or
accused of having committed grave crimes under
international law all rights necessary to ensure that their
trial will be fair and prompt in strict accordance with
national and international law and standards for fair trial, It
shall also protect victims, witnesses and their families, and
provide appropriate redress to victims and their families, It
shall ensure that the legal systems in place provide
accessible and gender-sensitive avenues of redress for
victims of armed conflict, and
(g)The State recognizes that the application of the
provisions of this Act shall not affect the legal status of the
parties to a conflict, nor give an implied recognition of the
status of belligerency
CHAPTER II
DEFINITION OF TERMS
Section 3. For purposes of this Act, the term:
(a) "Apartheid' means inhumane acts committed in the
context of an institutionalized regime of systematic
oppression and domination by one racial group or groups
and committed with the intention of maintaining that regime
(b) "Arbitrary deportation or forcible transfer of population"
means forced displacement of the persons concerned by
expultion by expulsion or other coercive acts from the area
in which they are lawfully present, without grounds
permitted under domestic or international law.
(c) "Armed conflict" means any use of force or armed
violence between States or a protracted armed violence
between governmental authorities and organized armed
groups or between such groups within that State: Provided,
That such force or armed violence gives rise, or may give
rise, to a situation to which the Geneva Conventions of 12
August 1949, including their common Article 3, apply.
Armed conflict may be international, that is, between two
(2) or more States, including belligerent occupation; or non-

international, that is, between governmental authorities and
organized armed groups or between such groups within a
state. It does not cover internal disturbances or tensions
such as riots, isolated and sporadic acts of violence or
other acts of a similar nature.
(d) "Armed forces" means all organized armed forces,
groups and units that belong to a party to an armed conflict
which are under a command responsible to that party for
the conduct of its subordinates. Such armed forces shall be
subject to an internal disciplinary system which enforces
compliance with International Humanitarian Law
(e) "Attack directed against any civilian population" means
a course of conduct involving the multiple commission of
acts referred to in Section 6 of this Act against any civilian
population, pursuant to or in furtherance of a State or
organizational policy to commit such attack.
(f) "Effective command and control" or " effective authority
and control" means having the material ability to prevent
and punish the commission of offenses by subordinates.
(g) "Enforced or involuntary disappearance of persons"
means the arrest, detention, or abduction of persons by, or
with the authorization support or acquiescence of, a State
or a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons,
with the intention of removing from the protection of the law
for a prolonged period of time
(h) "Enslavement" means the exercise of any or all of the
powers attaching to the right of ownership over a person
and includes the exercise of such power in the course of
trafficking in persons, in particular women and children.
(i) "Extermination" means the international infliction of
conditions of life, inter alia, the deprivation of access to
food and medicine, calculated to bring about the
destruction of a part of a population.
(j) " Forced pregnancy" means the unlawful confinement of
a women to be forcibly made pregnant, with the intent of
affecting the ethnic composition of any population carrying
out other grave violations of international law.

(k) "Hors de Combat" means a person who:

(1) feigning an intent to negotiate under a flag of
truce;

(1) is in the power of an adverse party;

non-denominational,
personnel carrying
religious personnel.

noncombatant
military
out functions similar to

(2) feigning surrender;
(2) has clearly
surrender; or

expressed

an

intention

(r) " Superior" means:

to

(3) has been rendered unconscious or otherwise
incapacitated by wounds or sickness and
therefore is incapable of defending himself:
Provided, that in any of these cases, the person
form any hostile act and does not attempt to
escape.
(l) "Military necessity" means the necessity of employing
measures which are indispensable to achieve a legitimate
aim of the conflict and are not otherwise prohibited by
International Humanitarian Law
(m) "Non-defended locality" means a locality that fulfills the
following conditions:

(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and

(1) a military commander or a person effectively
acting as a military commander; or

(5) feigning protective status by use of signs,
emblems or uniforms of the United Nations or of a
neutral or other State not party to the conflict.

(2) any other superior, in as much as the crimes
arose from activities within the effective authority
and control of that superior.

(p) "Persecution" means the international and severe
deprivation of fundamental rights contrary to international
law by reason of identity of the group or collectivity.

(s) "Torture" means the intentional infliction of severe pain
or suffering, whether physical, mental, or psychological,
upon a person in the custody or under the control of the
accused; except that torture shall not include pain or
suffering arising only from, inherent in or incidental to,
lawful sanctions.

(q) "Protect person" in an armed conflict means:
(1) a person wounded, sick or shipwrecked,
whether civilian or military;

(t) "Works and installations containing dangerous forces"
means works and installations the attack of which may
cause the release of dangerous forces and consequent
severe losses among the civilian population, namely: dams,
dikes, and nuclear, electrical generation stations.

(1) all combatants, as well as mobile weapons and
mobile military equipment, must have been
evacuated;

(2) a prisoner of war or any person deprived of
liberty for reasons related to an armed conflict;

(2) no hostile use of fixed military installations or
establishments must have been made;

(3) a civilian or any person not taking a direct part
or having ceased to take part in the hostilities in
the power of the adverse party;

CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY

(4) a person who, before the beginning of
hostilities, was considered a stateless person or
refugee
under
the
relevant
international
instruments accepted by the parties to the conflict
concerned or under the national legislation of the
state of refuge or state of residence;

Section 4. War Crimes. - For the purpose of this Act, "war crimes" or
"crimes against Interntional Human Humanitarian Law" means:

(3) no acts of hostility must have been committed
by the authorities or by the population; and
(4) no activities in support of military operations,
must have been undertaken.
(n) "No quarter will be given' means refusing to spare the
life of anybody, even of persons manifestly unable to
defend themselves or who clearly express their intention to
surrender.
(o) "Perfidy" means acts which invite the confidence of an
adversary to lead him/her to believe he/she is entitled to, or
is obliged to accord, protection under the rules of
International Humanitarian Law, with the intent to betray
that confidence, including but not limited to:

(5) a member of the medical personnel assigned
exclusively to medical purposes or to the
administration of medical units or to the operation
of or administration of medical transports; or
(6) a member of the religious personnel who is
exclusively engaged in the work of their ministry
and attached to the armed forces of a party to the
conflict, its medical units or medical transports, or

(a) In case of an international armed conflict , grave
breaches of the Geneva Conventions of 12 August 1949,
namely, any of the following acts against persons or
property protected under provisions of the relevant Geneva
Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including
biological experiments;

(3) Willfully causing great suffering, or serious
injury to body or health;
(4) Extensive destruction and appropriation of
property not justified by military necessity and
carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other
protected person of the rights of fair and regular
trial;
(6) Arbitrary deportation or forcible transfer of
population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or
other protected person to serve in the forces of a
hostile power; and
(9) Unjustifiable delay in the repatriation of
prisoners of war or other protected persons.
(b) In case of a non-international armed conflict, serious
violations of common Article 3 to the four (4) Geneva
Conventions of 12 August 1949, namely , any of the
following acts committed against persons taking no active
part in the hostilities, including member of the armed forces
who have laid down their arms and those placed hors de
combat by sickness, wounds, detention or any other cause;
(1) Violence to life and person, in particular, willful
killings, mutilation, cruel treatment and torture;
(2) Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying out
of executions without previous judgment
pronounced by a regularly constituted court,
affording all judicial guarantees which are
generally recognized as indispensable.

(c) Other serious violations of the laws and customs
applicable in armed conflict, within the established
framework of international law, namely:
(1) Internationally directing attacks against the
civilian population as such or against individual
civilians not taking direct part in hostilities;
(2) Intentionally directing attacks against civilian
objects, that is, object which are not military
objectives;
(3) Intentionally directing attacks against buildings,
material, medical units and transport, and
personnel using the distinctive emblems of the
Geneva Conventions or Additional Protocol III in
conformity with intentional law;
(4) Intentionally directing attacks against
personnel, installations, material, units or vehicles
involved in a humanitarian assistance or
peacekeeping mission in accordance with the
Charter of the United Nations, as ling as they are
entitled to the protection given to civilians or
civilian objects under the international law of
armed conflict;
(5) Launching an attack in the knowledge that
such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects or
widespread, long-term and severe damage to the
natural environment which would be excessive in
relation to the concrete and direct military
advantage anticipated;
(6) Launching an attack against works or
installations containing dangerous forces in the
knowledge that such attack will cause excessive
loss of life, injury to civilians or damage to civilian
objects, and causing death or serious injury to
body or health .
(7) Attacking or bombarding, by whatever means,
towns, villages, dwellings or buildings which are
undefended and which are not military objectives,

or making non-defended localities or demilitarized
zones the object of attack;
(8) Killing or wounding a person in the knowledge
that he/she is hors de combat, including a
combatant who, having laid down his/her arms or
no longer having means of defense, has
surrendered at discretion;
(9) Making improper use of a flag of truce, of the
flag or the military insignia and uniform of the
enemy or of the United Nations, as well as of the
distinctive emblems of the Geneva Conventions or
other protective signs under International
Humanitarian Law, resulting in death, serious
personal injury or capture;
(10) Intentionally directing attacks against
buildings dedicated to religion, education, art,
science
or
charitable
purposes,
historic
monuments, hospitals and places where the sick
and wounded are collected, provided they are not
military objectives. In case of doubt whether such
building or place has been used to make an
effective contribution to military action, it shall be
presumed not to be so used;
(11) Subjecting persons who are in the power of
an adverse party to physical mutilation or to
medical or scientific experiments of any kind, or to
removal of tissue or organs for transplantation,
which are neither justified by the medical, dental
or hospital treatment of the person concerned nor
carried out in his/her interest, and which cause
death to or seriously endanger the health of such
person or persons;
(12) Killing, wounding or capturing an adversary
by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's property
unless such destruction or seizure is imperatively
demanded by the necessities of war;

(15) Pillaging a town or place, even when taken by
assault;
(16) Ordering the displacements of the civilian
population for reasons related to the conflict,
unless the security of the civilians involved or
imperative military reasons so demand;
(17) Transferring, directly or indirectly, by the
occupying power of parts of its own civilian
population into the territory it occupies, or the
deportation or transfer of all or parts of the
population of the occupied territory within or
outside this territory;

(24) Commiting any of the following acts:
(i) Conscripting, enlisting or recruiting
children under the age of fifteen (15)
years into the national armed forces;
(ii) Conscripting, enlisting or recruiting
children under the age of eighteen (18)
years into an armed force or group other
than the national armed forces; and

(1) Killing members of the group;
(2) Causing serious bodily or mental harm to
members of the group;
(3) Deliberately inflicting on the group conditions
of life calculated to bring about its physical
destruction in whole or in part;
(4) Imposing measures intended to prevent births
within the group; and

(iii) Using children under the age of
eighteen (18) years to participate actively
in hostilities; and

(5) Forcibly transferring children of the group to
another group.

(18) Commiting outrages upon personal dignity, in
particular, humiliating and degrading treatments;

(25) Employing means of warfare which are
prohibited under international law, such as:

(b) It shall be unlawful for any person to directly and
publicly incite others to commit genocide.

(19) Commiting rape, sexual slavery, enforced
prostitution,
forced
pregnancy,
enforced
sterilization, or any other form of sexual violence
also constituting a grave breach of the Geneva
Conventions or a serious violation of common
Article 3 to the Geneva Convensions;

(i) Poison or poisoned weapons;

(20) Utilizing the presence of a civilian or other
protected person to render certain points, areas or
military forces immune from military operations;
(21) Intentionally using starvation of civilians as a
method of warfare by depriving them of objects
indespensable to their survival, including willfully
impeding relief supplies as provided for under the
Geneva Conventions and their Additional
Protocols;
(22) In an international armed conflict, compelling
the nationals of the hostile party to take part in the
operations of war directed against their own
country, even if they were in the belligerent's
service before the commencement of the war;
(23) In an international armed conflict, declaring
abolished, suspended or inadmissible in a court of
law the rights and actions of the nationals of the
hostile party;

(ii) Asphyxiating, poisonous or other
gases, and all analogous liquids,
materials or devices;
(iii) Bullets which expand or flatten easily
in the human body, such as bullets with
hard envelopes which do not entirely
cover the core or are pierced with
incisions; and
(iv) Weapons, projectiles and material
and methods of warfare which are of the
nature to cause superfluous injury or
unecessary suffering or which are
inherently indiscriminate in violation of
the international law of armed conflict.
Any person found guilty of commiting any of the acts
specified herein shall suffer the penalty provided under
Section 7 of this Act.

Any person found guilty of committing any of the acts specified in
paragraphs (a) and (b) of this section shall suffer the penalty
provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For the purpose of this
act, "other crimes against humanity" means any of the following acts
when committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of the
attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of international law;
(f) Torture;

Section 5. Genocide - (a) For the purpose of this Act, "genocide"
means any of the following acts with intent to destroy, in whole or in
part, a national, ethnic, racial, religious, social or any other similar
stable and permanent group as such:

(g) Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of
sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity
on political, racial, national, ethnic, cultural, religious,
gender, sexual orientation or other grounds that are
universally recognized as impermissible under international
law, in connection with any act referred to in this paragraph
or any crime defined in this Act;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to
mental or physical health.
Any person found guilty of committing any of the acts specified
herein shall suffer the penalty provided under Section 7 of this Act.
CHAPTER IV
PENAL PROVISIONS
Section 7. Penalties. - Any person found guilty of committing any of
the acts provided under Sections 4, 5 and 6 of this Act shall suffer
the penalty of reclusion temporal in its medium to maximum period
and a fine ranging from One hundred thousand pesos (Php
100,000.00) to Five hundred thousand pesos (Php 500,000.00).
When justified by the extreme gravity of the crime, especially where
the commision of any of the crimes specified herein results in death
or serious physical injury, or constitutes rape, and considering the
individual circumstances of the accused, the penalty of reclusion
perpetua and a fine ranging from Five hundred thousand pesos (Php
500,000.00) to One million pesos (Php 1,000,000.00) shall be
imposed.

Revised Penal Code, especially where the offender is a public
officer.
CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 8. Individual Criminal Responsibilities. - (a) In addition to
existing provisions in Philippine law on principles of criminal
responsibility, a person shall be criminally liable as principal for a
crime defined and penalized in this Act if he/she:
(1) Commits such a crime, whether as an
individual, jointly with another or through another
person, regardless of whether that other person is
criminally responsible;
(2) Orders, solicits or induces the commission of
such a crime which in fact occurs or is attempted;
(3) In any other way contributes to the commission
or attempted commission of such a crime by a
group of person acting with a common purpose.
Such contribution shall be intentional and shall
either:
(i) be made with the aim of furthering the
criminal activity or criminal purpose of the
group, where such activity or purpose
involves the commission of a crime
defined in this Act; or
(ii) be made in the knowledge of the
intention of the group to commit the
crime.

Any person found guilty of inciting others to commit genocide
referred to in Section 5(b) of this Act shall suffer the penalty of
prision mayor in its minimum period and a fine ranging from Ten
thousand pesos (Php 10,000.00) to Twenty thousand pesos (Php
20,000.00).

(b) A person shall be criminally liable as accomplice for
facilitating the commission of a crime defined and
penalized in this Act if he/she aids, abets or otherwise
assists in its commission or attempted commission,
including providing the means for its commission.

In addition, the court shall order the forfeiture of proceeds, property
and assets derived, directly or indirectly, from that crime, without
prejudice to the rights of bona fide third (3rd) parties. The court shall
also impose the corresponding accessory penalties under the

(c) A person shall be criminally liable for a crime defined
and penalized in this Act if he/she attempts to commit such
a crime by taking action that commences its execution by
means of a substantial step, but the crime does not occur
because of circumstances independent of the person's

intention. However, a person who abandons the effort to
commit the crime or otherwise prevents the completion of
the crime shall not be liable for punishment under this Act
for the attempt to commit the same if he/she completely
and voluntarily gave up the criminal purpose.
Section 9. Irrelevance of Official Capacity. - This Act shall apply
equally to all persons without any distinction based on official
capacity. In particular, official capacity as a head of state or
government, a member of a government or parliament, an elected
representative or a government official shall in no case exempt a
person from criminal responsibility under this Act, nor shall it, in and
of itself, constitute a ground for reduction of sentence. However:
(a) Immunities or special procedural rules that may be
attached to the official capacity of a person under Philippine
law other than the established constitutional immunity from
suit of the Philippine President during his/her tenure, shall
not bar the court from exercising jurisdiction over such a
person; and
(b) Immunities that may be attached to the official capacity
of a person under international law may limit the application
of this Act, nut only within the bounds established under
international law.
Section 10. Responsibility of Superiors. - In addition to other
grounds of criminal responsibility for crimes defined and penalized
under this Act, a superior shall be criminally responsible as a
principal for such crimes committed by subordinates under his/her
effective command and control, or effective authority and control as
the case may be, as a result of his/her failure to properly exercise
control over such subordinates, where:
(a) That superior either knew or, owing to the
circumstances at the time, should have known that the
subordinates were committing or about to commit such
crimes;
(b) That superior failed to take all necessary and
reasonable measures within his/her power to prevent or
repress their commission or to submit the matter to the
competent authorities for investigation and prosecution.

Section 11. Non-prescription. - The crimes defined and penalized
under this Act, their prosecution, and the execution of sentences
imposed on their account, shall not be subject to any prescription.
Section 12. Orders from a Superior. - The fact that a crime defined
and penalized under this Act has been committed by a person
pursuant to an order of a government or a superior, whether military
or civilian, shall not relieve that person of criminal responsibility
unless all of the following elements occur:
(a) The person was under a legal obligation to obey orders
of the government or the superior in question;
(b) The person did not know that the order was unlawful;
and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other
crimes against humanity are manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition to
existing provisions in Philippine law for the protection of victims and
witnesses, the following measures shall be undertaken:
(a) The Philippine court shall take appropriate measures to
protect the safety, physical and physiological well-being,
dignity and privacy of victims and witnesses. In so doing,
the court shall have regard of all relevant factors, including
age, gender and health, and the nature of the crime, in
particular, but not limited to, where the crime involves
sexual or gender violence or violence against children. The
prosecutor shall take such measures particularly during the
investigation and prosecution of such crimes. These
measures shall not be prejudicial to or inconsistent with the
rights of the accused and to a fair and impartial trial;
(b) As an exception to the general principle of public
hearings, the court may, to protect the victims and
witnesses or an accused, conduct any part of the
proceedings in camera or allow the presentation of
evidence by electronic or other special means. In particular,
such measures shall be implemented in the case of the

victim of sexual violence or a child who is a victim or is a
witness, unless otherwise ordered by the court, having
regard to all the circumstances, particularly the views of the
victim or witness;
(c) Where the personal interests of the victims are affected,
the court shall permit their views and concerns to be
presented and considered at stages of the proceedings
determined to be appropriate by the court in manner which
is not prejudicial to or inconsistent with the rights of the
accused and a fair and impartial trial. Such views and
concerns may be presented by the legal representatives of
the victims where the court considers it appropriate in
accordance with the established rules of procedure and
evidence; and
(d) Where the disclosure of evidence or information
pursuant to this Act may lead to the grave endangerment of
the security of a witness for his/her family, the prosecution
may, for the purposes of any proceedings conducted prior
to the commencement of the trial, withhold such evidence
or information and instead submit a summary thereof. Such
measures shall be exercised in a manner which is not
prejudicial to or inconsistent with the rights of the accused
and to a fair and impartial trial.
Section 14. Reparations to Victims. - In addition to existing
provisions in Philippine law and procedural rules for reparations to
victims, the following measures shall be undertaken:
(a) The court shall follow the principles relating to the
reparations to, or in respect of, victims,including restitution,
compensation and rehabilitation. On this basis, in its
decision, the court may, wither upon request or on its own
motion in exceptional circumstances, determine the scope
and extent of any damage, loss and injury to, or in respect
of, victims and state the principles on which it is acting;
(b) The court may make an order directly against a
convicted person specifying appropriate reparations to, or
in respect of, victims, including restitution, compensation
and rehabilitation; and
(c) Before making an order under this section, the court
may invite and shall take account of representations from

or on behalf of the convicted person, victims or other
interested persons.
Nothing in this section shall be interpreted as prejudicing the rights
of victims under national or international law.
CHAPTER VII
Applicability of International Law and Other Laws
Section 15. Applicability of International Law.- In the application and
interpretation of this Act, Philippine courts shall be guided by the
following sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Genava Conventions I-IV, their 1977
Additional Protocols I and II and their 2005 Additional
Protocol III;
(c) The 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict, its First
Protocol and its 1999 Second Protocol;
(d) The 1989 Convention on the Rights of the Child and its
2000 Optional Protocol on the Involvement of Children in
Armed Conflict;
(e) The rules and principles of customary international law;
(f) The judicial decisions of international courts and
tribunals;
(g) Relevant and applicable international human rights
instruments;
(h) Other relevant international treaties and conventions
ratified or acceded to by the Republic of the Philippines;
and
(i) Teachings of the most highly qualified publicists and
authoritative commentaries on the foregoing sources as
subsidiary means for the determination of rules of
international law.

Section 16. Suppletory Application of the Revised Penal Code and
Other General or Special Laws. - The provisions of the Revised
Penal Code and other general or special laws shall have a
suppletory application to the provisions of this Act.
CHAPTER VII
JURISDICTION
Section 17. Jurisdiction.- The State shall exercise jurisdiction over
persons, whether military or civilian, suspected or accused of a
crime defined and penalized in this Act, regardless of where the
crime is committed, provided, any one of the following conditions is
met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is
present in the Philippines; or
(c) The accused has committed the said crime against a
Filipino citizen.
In the interest of justice, the relevant Philippine authorities may
dispense with the investigation or prosecution of a crime punishable
under this Act if another court or international tribunal is already
conducting the investigation or undertaking the prosecution of such
crime. Instead, the authorities may surrender or extradite suspected
or accused persons in the Philippines to the appropriate
international court, if any, or to another State pursuant to the
applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals
suspected or accused of having committed the crimes defined and
penalized in this Act if they have been tried by a competent court
outside the Philippines in respect of the same offense and acquitted,
or having been convicted, already served their sentence.
Section 18. Philippine Court, Prosecutors and Investigators. - The
Regional Trial Court of the Philippines shall have original and
exclusive jurisdiction over the crimes punishable under this Act.
Their judgments may be appealed or elevated to the Court of
Appeals and to the Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases
involving crimes punishable under this Act. For these cases, the
Commission on Human Rights, the Department of Justice, the

Philippine National Police or other concerned law enforcement
agencies shall designate prosecutors or investigators as the case
may be.
The State shall ensure that judges, prosecutors and investigators,
especially those designated for purposes of this Act, receive
effective training in human rights, International Humanitarian Law
and International Criminal Law.
CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. - If, for any reason or reasons, any
part or provision of this Statute shall be held to be unconstitutional or
invalid, other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.
Section 20. Repealing Clause. - All laws, presidential decrees and
issuances, executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Statute are hereby repealed
or modified accordingly.
Section 21. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in two (2)
newspapers general circulation.

Republic Act No. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO
AND
VIDEO
VOYEURISM,
PRESCRIBING
PENALTIES
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the
Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Photo
and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the dignity and
privacy of every human person and guarantees full respect for
human rights. Toward this end, the State shall penalize acts that
would destroy the honor, dignity and integrity of a person.

(e) "Private area of a person" means the naked or
undergarment clad genitals, public area, buttocks or female
breast of an individual.
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means believe that
he/she could disrobe in privacy, without being concerned
that an image or a private area of the person was being
captured; or circumstances in which a reasonable person
would believe that a private area of the person would not
be visible to the public, regardless of whether that person is
in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared
unlawful for any person:

(a) "Broadcast" means to make public, by any means, a
visual image with the intent that it be viewed by a person or
persons.

(a) To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as
the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the
person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;

(b) "Capture" with respect to an image, means to
videotape, photograph, film, record by any means, or
broadcast.

(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual act
or any similar activity with or without consideration;

(c) "Female breast" means any portion of the female
breast.

(c) To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or

Section 3. Definition of Terms. - For purposes of this Act, the term:

(d) "Photo or video voyeurism" means the act of taking
photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing
an image of the private area of a person or persons without
the latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video coverage
or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or
device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or
video coverage of same was given by such person's.

(d) To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or video
coverage of the same was given by such person/s. Any person who
violates this provision shall be liable for photo or video voyeurism as
defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that
three (3) years but not more than seven (7) years and a fine of not

less than One hundred thousand pesos (P100,000.00) but not more
than Five hundred thousand pesos (P500,000.00), or both, at the
discretion of the court shall be imposed upon any person found
guilty of violating Section 4 of this Act.
If the violator is a juridical person, its license or franchise shall be
automatically be deemed revoked and the persons liable shall be
the officers thereof including the editor and reporter in the case of
print media, and the station manager, editor and broadcaster in the
case of a broadcast media.
If the offender is a public officer or employee, or a professional,
he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation
proceedings after serving his/her sentence and payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however,
shall render it unlawful or punishable for any peace officer, who is
authorized by a written order of the court, to use the record or any
copy thereof as evidence in any civil, criminal investigation or trial of
the crime of photo or video voyeurism: Provided, That such written
order shall only be issued or granted upon written application and
the examination under oath or affirmation of the applicant and the
witnesses he/she may produce, and upon showing that there are
reasonable grounds to believe that photo or video voyeurism has
been committed or is about to be committed, and that the evidence
to be obtained is essential to the conviction of any person for, or to
the solution or prevention of such, crime.
Section 7. Inadmissibility of Evidence. - Any record, photo or video,
or copy thereof, obtained or secured by any person in violation of
the preceding sections shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or administrative hearing or
investigation.
Section 8. Separability Clause. - If any provision or part hereof is
held invalid or unconstitutional, the remaining provisions not affected
thereby shall remain valid and subsisting.
Section 9. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction , administrative order,
rule or regulation contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified or amended accordingly.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or in two(2)
newspapers of general circulation.

REPUBLIC ACT NO. 10088
AN ACT TO PROHIBIT AND PENALIZE THE UNAUTHORIZED
USE, POSSESSION AND/OR CONTROL OF AUDIOVISUAL
RECORDING DEVICES FOR THE UNAUTHORIZED RECORDING
OF CINEMATOGRAPHIC FILMS AND OTHER AUDIOVISUAL
WORKS AND/OR THEIR SOUNDTRACKS IN AN EXHIBITION
FACILITY, PROVIDING PENALTIES THEREFOR AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "AntiCamcording Act of 2010".
Section 2. Definition of Terms. - For purposes of this Act:
(a)"Audiovisual work" means a work that consists of a
series of related images which are intrinsically intended to
be shown by the use of machines or devices such as
projectors, viewers or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of
the material objects, such as films or tapes, in which the
works are embodied.
(b)"Audiovisual recording device" means a digital or analog
photographic or video camera, or any other technology or
device capable of enabling the recording or transmission of
a cinematographic film or other audiovisual work, or any
part thereof, regardless of whether audiovisual recording is
the sole or primary purpose of the device.
(c)"Authorized person" means the members of the
Philippine National Police (PNP) and the National Bureau
of Investigation (NBI) and/or any other person duly
authorized by the same to exercise powers conferred upon
by this Act.
(d)"Camcording" means any of the
enumerated under Section 3 of this Act.

unlawful

acts

(e)"Cinematographic film" means any audiovisual work
consisting of a series of related images which, when shown
in succession, impart an impression of motion, together
with accompanying sounds, if any.

(f)"Copy" means any article or thing in which the visual
images or sounds comprised in any cinematographic film or
audiovisual work are embodied, and includes the making of
a copy which is in electronic format or transient or
incidental to some other use thereof.
(g)"Copyright owner" means any one who has the exclusive
rights comprised in a copyright as provided under Republic
Act No. 8293, otherwise known as the Intellectual Property
Code of the Philippines and related international treaties,
conventions or agreements to which the Republic of the
Philippines is a party.
(h)"Exclusive licensee" means a licensee who is authorized
in writing and who, on behalf of the owner or prospective
owner of copyright, to the exclusion of all other persons, is
authorized to do an act within the Philippines that, by virtue
of this Act, the owner of the copyright would, but for the
license, have the exclusive right to do or to perform.
(i)"Exhibition facility" means any cinema, film theater,
screening room, projection room or other venue that is
used for the public exhibition of a cinematographic film or
audiovisual work, whether or not a fee is chargeable.
(j)"Operator of an exhibition facility" means any person or
entity who holds or is required to hold a license by the
Securities and Exchange Commission CSEC, for
companies and partnerships), the Department of Trade and
Industry ('DTI', for sole proprietorships), the Movie and
Television Review and Classification Board (MTRCB) or
any and all other relevant government offices that have, or
will have jurisdiction over exhibition facilities to operate the
exhibition facility.
(k)"Relevant authority" means the officers, members and
responsible personnel of law enforcement agencies such
as the PNP and their adjuncts and the NBI.
(l)'Transmit" means to convey by any means, whether over
a path or a combination of paths, provided by a material
substance or by wireless means or otherwise, and whether
or not in response to a request made.
Section 3. Acts Constituting Unauthorized Possession, Use and/or
Control of Audiovisual Recording Devices. - It shall be unlawful for

any person, at a time when copyright subsists in a cinematographic
film or other audiovisual work or its soundtrack and without the
authorization of the copyright owner or exclusive licensee thereof,
to:
(a)use or attempt to use an audiovisual recording device to
transmit or make a copy of any performance in an
exhibition facility of such cinematographic film or other
audiovisual work or its soundtrack, or any part thereof;
(b)have in his/her possession, an audiovisual recording
device in an exhibition facility, with the intent of using or
attempts to use the audiovisual recording device to transmit
or make a copy of any performance in the exhibition facility
of such cinematographic film or other audiovisual work or
its soundtrack, or any part thereof; or
(c)aid, abet or connive in the commission of the acts
prohibited under this section.
Section 4. Penalties. - A person who will be found guilty of violating
the provisions of Section 3 shall be subject to a fine of Fifty
thousand pesos (Php50,000.00) but not exceeding Seven hundred
fifty thousand pesos (Php750,000.00) and imprisonment of six (6)
months and one (1) day to six (6) years and one (1) day.
If the purpose of the commission of the abovementioned acts is the
sale, rental or other commercial distribution of a copy of the
cinematographic or audiovisual work or its soundtrack, or any part
thereof, the penalty shall be imposed in the maximum.
If the offender is an alien, said person shall immediately be deported
after payment of the fine and after serving his/her sentence. He/She
shall thereafter be refused entry into the Philippines.
If the offender is a government official or employee, the penalty shall
include perpetual disqualification from public office and forfeiture of
his/her right to vote and participate in any public election for a period
of five (5) years.
Section 5. Presumptions as to the Subsistence of Copyright and/or
Ownership of Copyright. - For purposes of Section 3, copyright shall
be presumed to subsist in the subject cinematographic film or other
audiovisual work or its soundtrack if the accused does not put in
issue the question as to whether copyright subsists therein.
However:

(a)where the accused puts such question in issue but does
not satisfy the court that he/she does so in good faith, the
presumption as to the subsistence of copyright herein shall
apply, notwithstanding that the accused puts that question
in issue;
(b)where the name of a person appears on copies of the
subject cinematographic film or other audiovisual work or
its soundtrack as made available to the public in such a
way as to imply that the person was the maker thereof and,
in the case of a person other than a body corporate, that
name was his/her true name or a name by which he/she
was commonly known, that person shall be presumed to be
the maker thereof and the copyright owner thereof, unless
the contrary is established; and/or
(c)where the accused puts in issue the question of whether
copyright subsists in the subject cinematographic film or
other audiovisual work or its soundtrack, or the ownership
of the copyright therein, an affidavit made in behalf of the
copyright owner in which he/she makes assertions of facts
relevant to showing that: (1) copyright subsists in the work
or other subject matter; and/or, as the case may be, (2)
he/she is the owner of the copyright, shall be admitted in
evidence and shall be prima facie proof of the matters
stated therein until the contrary is proved, unless the court
requires that oral/testimonial evidence be adduced to prove
those matters.
Section 6. No Defense on Account of Use for Private or Domestic
Purposes. - It shall not be a defense that the transmission or making
of the copy of the cinematographic film or other audiovisual work or
its soundtrack, or any part thereof, was for private or domestic
purposes or in connection with a fair use deal.
Section 7. Requirement for Posting of Notices in an Exhibition
Facility on the Prohibition Against the Bringing into Said Exhibition
Facility of Audiovisual Recording Devices and the Like. - All
exhibition facilities, cinemas or theaters shall be required to
conspicuously post in at least two (2) areas in the exhibition facility
including, but not limited to, the areas where tickets are sold and the
entrances of the exhibition facilities, notices or signages warning
against the bringing of audiovisual recording devices into the
cinematographic film/audiovisual screening/exhibition area, with a
reservation that the management/operator of the exhibition facility
will take into preventive and temporary custody such audiovisual

recording device/s until the film/movie theater patron leaves the
screening/exhibition area/facility.

considered necessary to detain the person subject of the
search to be able to adequately perform the search; and

Failure of the management/operator of the exhibition facility to
comply with the foregoing requirement will subject said
management/operator liable to pay a fine of Fifty thousand pesos
(Php50,000.00).

(e)require the operator of an exhibition facility or any other
person who appears to be at the time responsible for the
control or management of the exhibition facility to give
information or render assistance that may be necessary to
enable the authorized person to carry out the functions
under this Act.

Nothing in this Act shall prevent the management from performing
such other precautionary measures so as to prevent the commission
of the acts punishable herein.
Section 8. Powers of Authorized Persons to Enter an Exhibition
Facility and Search the Same. - An authorized person, without a
warrant and without payment of any admission fee or other charge,
may enter and search any exhibition facility if the authorized person
has reasonable ground to believe that any violation of this Act has
been or is being committed and, due to the delay necessary to
obtain a warrant could result in the loss or destruction of evidence,
or for any other reason it would not be reasonably practicable to
obtain a warrant.
Section 9. Other Powers of Authorized Persons. - An authorized
person who has reasonable ground to believe that a violation under
this Act has been or is being committed may:
(a)search any person if the person subject of the search
has in his/her actual possession, any audiovisual recording
device, in respect of which an offense under this Act has
been or is being committed;
(b)seize, remove or detain any audiovisual recording
device or other object which appears to contain, or likely to
contain evidence of an offense committed under this Act;
(c)use reasonable force to remove any person or object
obstructing the authorized person in the exercise of any
power conferred upon him/her by this Act;
(d)detain any person, within a reasonable time not
exceeding eighteen (18) hours, found in any place which
the authorized person is empowered to enter and search if,
after inquiry made, said authorized person has reasonable
ground to believe that the person subject of the search is
connected with the subject matter of the search and it is

Section 10. Forfeiture and Disposal of Unauthorized Copy of
Cinematographic Film or Other Audiovisual Work /Audiovisual
Recording Devices Used in the Commission of the Acts Penalized
Under this Act. - The court before which a person charged with an
offense in violation/contravention of this Act, whether or not said
person charged is convicted of the offense, may order that any copy
of a cinematographic film or other audiovisual work in which
copyright subsists, or parts thereof which appears to the court to be
an unauthorized copy, and any audiovisual recording device or other
equipment in the possession of the alleged offender or the court, be
destroyed or delivered to the owner or the exclusive licensee of the
copyright owner concerned or otherwise dealt with in such a manner
as the court deems fit.
In the event that the court retains representative samples of the
unauthorized copy of a cinematographic film or other audiovisual
work, or audiovisual recording devices or other equipment for
evidentiary purposes in the prosecution of the offense for which an
accused is charged, the retained samples shall remain in custodia
legisuntil the final resolution of the court proceedings thereon.
Section 11. Enforcement. - The PNP, in coordination with the NBI,
the Optical Media Board (OMB), operators of the cinemas, theaters
or exhibition facilities and owners of the cinematographic films or
audiovisual works and other soundtracks, shall enforce the
provisions of this Act. The PNP may deputize, for a defined period,
the heads or personnel of such agencies and instrumentalities of
government or private sector representatives or stakeholders of
rights over cinematographic films/audiovisual works and their
soundtracks, to perform, the enforcement functions required under
this Act.
Section 12. Separability Clause. - If any provision of this Act is
declared invalid, the other parts or provisions hereof not affected
thereby shall remain and continue to be in full force and effect.

Section 13. Repealing Clause. - All laws, decrees, ordinances or
rules and regulations which are inconsistent with or contrary to the
provisions of this Act are hereby amended or repealed.
Section 14. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) newspapers of
national circulation.

REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. — This Act shall be known as the "Cybercrime
Prevention Act of 2012″.
Section 2. Declaration of Policy. — The State recognizes the vital
role of information and communications industries such as content
production, telecommunications, broadcasting electronic commerce,
and data processing, in the nation’s overall social and economic
development. The State also recognizes the importance of providing
an environment conducive to the development, acceleration, and
rational application and exploitation of information and
communications technology (ICT) to attain free, easy, and intelligible
access to exchange and/or delivery of information; and the need to
protect and safeguard the integrity of computer, computer and
communications systems, networks, and databases, and the
confidentiality, integrity, and availability of information and data
stored therein, from all forms of misuse, abuse, and illegal access by
making punishable under the law such conduct or conducts. In this
light, the State shall adopt sufficient powers to effectively prevent
and combat such offenses by facilitating their detection,
investigation, and prosecution at both the domestic and international
levels, and by providing arrangements for fast and reliable
international cooperation.
Section 3. Definition of Terms. — For purposes of this Act, the
following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with,
storing data in, retrieving data from, or otherwise making
use of any resources of a computer system or
communication network.
(b) Alteration refers to the modification or change, in form
or substance, of an existing computer data or program.

(c) Communication refers to the transmission of information
through ICT media, including voice, video and other forms
of data.
(d) Computer refers to an electronic, magnetic, optical,
electrochemical,
or
other
data
processing
or
communications device, or grouping of such devices,
capable of performing logical, arithmetic, routing, or storage
functions and which includes any storage facility or
equipment or communications facility or equipment directly
related to or operating in conjunction with such device. It
covers any type of computer device including devices with
data processing capabilities like mobile phones, smart
phones, computer networks and other devices connected
to the internet.
(e) Computer data refers to any representation of facts,
information, or concepts in a form suitable for processing in
a computer system including a program suitable to cause a
computer system to perform a function and includes
electronic documents and/or electronic data messages
whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions
executed by the computer to achieve intended results.
(g) Computer system refers to any device or group of
interconnected or related devices, one or more of which,
pursuant to a program, performs automated processing of
data. It covers any type of device with data processing
capabilities including, but not limited to, computers and
mobile phones. The device consisting of hardware and
software may include input, output and storage
components which may stand alone or be connected in a
network or other similar devices. It also includes computer
data storage devices or media.
(h) Without right refers to either: (i) conduct undertaken
without or in excess of authority; or (ii) conduct not covered
by established legal defenses, excuses, court orders,
justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the
electronic medium in which online communication takes
place.

(j) Critical infrastructure refers to the computer systems,
and/or networks, whether physical or virtual, and/or the
computer programs, computer data and/or traffic data so
vital to this country that the incapacity or destruction of or
interference with such system and assets would have a
debilitating impact on security, national or economic
security, national public health and safety, or any
combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies,
risk management approaches, actions, training, best
practices, assurance and technologies that can be used to
protect the cyber environment and organization and user’s
assets.
(l) Database refers to a representation of information,
knowledge, facts, concepts, or instructions which are being
prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are
intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring
or surveillance of the content of communications, including
procuring of the content of data, either directly, through
access and use of a computer system or indirectly, through
the use of electronic eavesdropping or tapping devices, at
the same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to
users of its service the ability to communicate by
means of a computer system; and
(2) Any other entity that processes or stores
computer data on behalf of such communication
service or users of such service.
(o) Subscriber’s information refers to any information
contained in the form of computer data or any other form
that is held by a service provider, relating to subscribers of
its services other than traffic or content data and by which
identity can be established:

(1) The type of communication service used, the
technical provisions taken thereto and the period
of service;
(2) The subscriber’s identity, postal or geographic
address, telephone and other access numbers,
any assigned network address, billing and
payment information, available on the basis of the
service agreement or arrangement; and
(3) Any other available information on the site of
the installation of communication equipment,
available on the basis of the service agreement or
arrangement.
(p) Traffic data or non-content data refers to any computer
data other than the content of the communication including,
but not limited to, the communication’s origin, destination,
route, time, date, size, duration, or type of underlying
service.
CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. — The following acts constitute
the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and
availability of computer data and systems:
(1) Illegal Access. – The access to the whole or
any part of a computer system without right.
(2) Illegal Interception. – The interception made by
technical means without right of any non-public
transmission of computer data to, from, or within a
computer system including electromagnetic
emissions from a computer system carrying such
computer data.
(3) Data Interference. — The intentional or
reckless alteration, damaging, deletion or
deterioration of computer data, electronic
document, or electronic data message, without
right, including the introduction or transmission of
viruses.

(4) System Interference. — The intentional
alteration or reckless hindering or interference
with the functioning of a computer or computer
network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing
computer data or program, electronic document,
or electronic data message, without right or
authority,
including
the
introduction
or
transmission of viruses.
(5) Misuse of Devices.
(i)
The
use,
production,
sale,
procurement, importation, distribution, or
otherwise making available, without right,
of:
(aa) A device, including a
computer program, designed or
adapted primarily for the
purpose of committing any of
the offenses under this Act; or
(bb) A computer password,
access code, or similar data by
which the whole or any part of a
computer system is capable of
being accessed with intent that
it be used for the purpose of
committing any of the offenses
under this Act.
(ii) The possession of an item referred to
in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose
of committing any of the offenses under
this section.
(6) Cyber-squatting. – The acquisition of a domain
name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others
from registering the same, if such a domain name
is:
(i) Similar, identical, or confusingly similar
to an existing trademark registered with

the appropriate government agency at
the time of the domain name registration:
(ii) Identical or in any way similar with the
name of a person other than the
registrant, in case of a personal name;
and
(iii) Acquired without right or
intellectual property interests in it.

with

(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 computerrelated forgery as defined herein, for the
purpose of perpetuating a fraudulent or
dishonest design.
(2) Computer-related Fraud. — The unauthorized
input, alteration, or deletion of computer data or
program or interference in the functioning of a
computer system, causing damage thereby with
fraudulent intent: Provided, That if no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The
intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information belonging to another, whether natural
or juridical, without right: Provided, That if no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(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.

(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

(4) Libel. — The unlawful or prohibited acts of libel
as defined in Article 355 of the Revised Penal
Code, as amended, committed through a
computer system or any other similar means
which may be devised in the future.
Section 5. Other Offenses. — The following acts shall also
constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. –
Any person who willfully abets or aids in the commission of
any of the offenses enumerated in this Act shall be held
liable.
(b) Attempt in the Commission of Cybercrime. — Any
person who willfully attempts to commit any of the offenses
enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and
with the use of information and communications technologies shall
be covered by the relevant provisions of this Act: Provided, That the
penalty to be imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as amended, and special
laws, as the case may be.
Section 7. Liability under Other Laws. — A prosecution under this
Act shall be without prejudice to any liability for violation of any
provision of the Revised Penal Code, as amended, or special laws.
CHAPTER III
PENALTIES
Section 8. Penalties. — Any person found guilty of any of the
punishable acts enumerated in Sections 4(a) and 4(b) of this Act
shall be punished with imprisonment of prision mayor or a fine of at
least Two hundred thousand pesos (PhP200,000.00) up to a
maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5)
shall be punished with imprisonment of prision mayor or a fine of not
more than Five hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal or a fine of at least
Five hundred thousand pesos (PhP500,000.00) up to maximum
amount commensurate to the damage incurred or both, shall be
imposed.
Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(1) of this Act shall be punished with imprisonment
of prision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) but not exceeding One million pesos
(PhPl,000,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(2) of this Act shall be punished with the penalties as
enumerated in Republic Act No. 9775 or the "Anti-Child Pornography
Act of 2009″: Provided,That the penalty to be imposed shall be one
(1) degree higher than that provided for in Republic Act No. 9775, if
committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(3) shall be punished with imprisonment of arresto
mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but
not exceeding Two hundred fifty thousand pesos (PhP250,000.00)
or both.
Any person found guilty of any of the punishable acts enumerated in
Section 5 shall be punished with imprisonment one (1) degree lower
than that of the prescribed penalty for the offense or a fine of at least
One hundred thousand pesos (PhPl00,000.00) but not exceeding
Five hundred thousand pesos (PhP500,000.00) or both.

Section 9. Corporate Liability. — When any of the punishable acts
herein defined are knowingly committed on behalf of or for the
benefit of a juridical person, by a natural person acting either
individually or as part of an organ of the juridical person, who has a
leading position within, based on: (a) a power of representation of
the juridical person provided the act committed falls within the scope
of such authority; (b) an authority to take decisions on behalf of the
juridical person: Provided, That the act committed falls within the
scope of such authority; or (c) an authority to exercise control within
the juridical person, the juridical person shall be held liable for a fine
equivalent to at least double the fines imposable in Section 7 up to a
maximum of Ten million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was
made possible due to the lack of supervision or control by a natural
person referred to and described in the preceding paragraph, for the
benefit of that juridical person by a natural person acting under its
authority, the juridical person shall be held liable for a fine equivalent
to at least double the fines imposable in Section 7 up to a maximum
of Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without
prejudice to the criminal liability of the natural person who has
committed the offense.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities. — The National Bureau
of Investigation (NBI) and the Philippine National Police (PNP) shall
be responsible for the efficient and effective law enforcement of the
provisions of this Act. The NBI and the PNP shall organize a
cybercrime unit or center manned by special investigators to
exclusively handle cases involving violations of this Act.
Section 11. Duties of Law Enforcement Authorities. — To ensure
that the technical nature of cybercrime and its prevention is given
focus and considering the procedures involved for international
cooperation, law enforcement authorities specifically the computer
or technology crime divisions or units responsible for the
investigation of cybercrimes are required to submit timely and
regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required
to the Department of Justice (DOJ) for review and monitoring.

Section 12. Real-Time Collection of Traffic Data. — Law
enforcement authorities, with due cause, shall be authorized to
collect or record by technical or electronic means traffic data in realtime 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.

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.

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

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.

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

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

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.

(a) To secure a computer system or a computer data
storage medium;
(b) To make and retain a copy of those computer data
secured;
(c) To maintain the integrity of the relevant stored computer
data;
(d) To conduct forensic analysis or examination of the
computer data storage medium; and
(e) To render inaccessible or remove those computer data
in
the
accessed
computer
or
computer
and
communications network.
Pursuant thereof, the law enforcement authorities may order any
person who has knowledge about the functioning of the computer
system and the measures to protect and preserve the computer data
therein to provide, as is reasonable, the necessary information, to
enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to
complete the examination of the computer data storage medium and
to make a return thereon but in no case for a period longer than
thirty (30) days from date of approval by the court.

Section 16. Custody of Computer Data. — All computer data,
including content and traffic data, examined under a proper warrant
shall, within forty-eight (48) hours after the expiration of the period
fixed therein, be deposited with the court in a sealed package, and
shall be accompanied by an affidavit of the law enforcement
authority executing it stating the dates and times covered by the
examination, and the law enforcement authority who may access the
deposit, among other relevant data. The law enforcement authority
shall also certify that no duplicates or copies of the whole or any part
thereof have been made, or if made, that all such duplicates or
copies are included in the package deposited with the court. The
package so deposited shall not be opened, or the recordings
replayed, or used in evidence, or then contents revealed, except
upon order of the court, which shall not be granted except upon
motion, with due notice and opportunity to be heard to the person or
persons whose conversation or communications have been
recorded.
Section 17. Destruction of Computer Data. — Upon expiration of
the periods as provided in Sections 13 and 15, service providers and
law enforcement authorities, as the case may be, shall immediately
and completely destroy the computer data subject of a preservation
and examination.
Section 18. Exclusionary Rule. — Any evidence procured without a
valid warrant or beyond the authority of the same shall be
inadmissible for any proceeding before any court or tribunal.
Section 19. Restricting or Blocking Access to Computer Data. —
When a computer data is prima facie found to be in violation of the
provisions of this Act, the DOJ shall issue an order to restrict or
block access to such computer data.
Section 20. Noncompliance. — Failure to comply with the
provisions of Chapter IV hereof specifically the orders from law
enforcement authorities shall be punished as a violation of
Presidential Decree No. 1829 with imprisonment of prision
correctional in its maximum period or a fine of One hundred
thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement authorities.
CHAPTER V
JURISDICTION
Section 21. Jurisdiction. — The Regional Trial Court shall have
jurisdiction over any violation of the provisions of this Act. including

any violation committed by a Filipino national regardless of the place
of commission. Jurisdiction shall lie if any of the elements was
committed within the Philippines or committed with the use of any
computer system wholly or partly situated in the country, or when by
such commission any damage is caused to a natural or juridical
person who, at the time the offense was committed, was in the
Philippines.
There shall be designated special cybercrime courts manned by
specially trained judges to handle cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Section 22. General Principles Relating to International
Cooperation. — All relevant international instruments on
international cooperation in criminal matters, arrangements agreed
on the basis of uniform or reciprocal legislation, and domestic laws,
to the widest extent possible for the purposes of investigations or
proceedings concerning criminal offenses related to computer
systems and data, or for the collection of evidence in electronic form
of a criminal, offense shall be given full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). — There is hereby
created an Office of Cybercrime within the DOJ designated as the
central authority in all matters related to international mutual
assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating Center. —
There is hereby created, within thirty (30) days from the effectivity of
this Act, an inter-agency body to be known as the Cybercrime
Investigation and Coordinating Center (CICC), under the
administrative supervision of the Office of the President, for policy
coordination among concerned agencies and for the formulation and
enforcement of the national cybersecurity plan.
Section 25. Composition. — The CICC shall be headed by the
Executive Director of the Information and Communications
Technology Office under the Department of Science and Technology
(ICTO-DOST) as Chairperson with the Director of the NBI as Vice
Chairperson; the Chief of the PNP; Head of the DOJ Office of
Cybercrime; and one (1) representative from the private sector and
academe, as members. The CICC shall be manned by a secretariat

of selected existing personnel and representatives from the different
participating agencies.1âwphi1
Section 26. Powers and Functions. — The CICC shall have the
following powers and functions:
(a) To formulate a national cybersecurity plan and extend
immediate assistance for the suppression of real-time
commission of cybercrime offenses through a computer
emergency response team (CERT);
(b) To coordinate the preparation of appropriate and
effective measures to prevent and suppress cybercrime
activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by
participating law enforcement and prosecution agencies;
(d) To facilitate international cooperation on intelligence,
investigations, training and capacity building related to
cybercrime prevention, suppression and prosecution;
(e) To coordinate the support and participation of the
business
sector,
local
government
units
and
nongovernment organizations in cybercrime prevention
programs and other related projects;
(f) To recommend the enactment of appropriate laws,
issuances, measures and policies;
(g) To call upon any government agency to render
assistance in the accomplishment of the 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 ICTODOST, 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. 10627
AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY
SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS
THE ACTS OF BULLYING IN THEIR INSTITUTIONS
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the "AntiBullying Act of 2013".
Section 2. Acts of Bullying. – For purposes of this Act, "bullying"
shall refer to any severe or repeated use by one or more students of
a written, verbal or electronic expression, or a physical act or
gesture, or any combination thereof, directed at another student that
has the effect of actually causing or placing the latter in reasonable
fear of physical or emotional harm or damage to his property;
creating a hostile environment at school for the other student;
infringing on the rights of the other student at school; or materially
and substantially disrupting the education process or the orderly
operation of a school; such as, but not limited to, the following:
a. Any unwanted physical contact between the bully and
the victim like punching, pushing, shoving, kicking,
slapping, tickling, headlocks, inflicting school pranks,
teasing, fighting and the use of available objects as
weapons;
b. Any act that causes damage to a victim’s psyche and/or
emotional well-being;
c. Any slanderous statement or accusation that causes the
victim undue emotional distress like directing foul language
or profanity at the target, name-calling, tormenting and
commenting negatively on victim’s looks, clothes and body;
and
d. Cyber-bullying or any bullying done through the use of
technology or any electronic means.
Section 3. Adoption of Anti-Bullying Policies. – All elementary and
secondary schools are hereby directed to adopt policies to address
the existence of bullying in their respective institutions. Such policies
shall be regularly updated and, at a minimum, shall include
provisions which:

(a) Prohibit the following acts:
(1) Bullying on school grounds; property
immediately adjacent to school grounds; at
school-sponsored or school-related activities,
functions or programs whether on or off school
grounds; at school bus stops; on school buses or
other vehicles owned, leased or used by a school;
or through the use of technology or an electronic
device owned, leased or used by a school;
(2) Bullying at a location, activity, function or
program that is not school-related and through the
use of technology or an electronic device that is
not owned, leased or used by a school if the act or
acts in question create a hostile environment at
school for the victim, infringe on the rights of the
victim at school, or materially and substantially
disrupt the education process or the orderly
operation of a school; and
(3) Retaliation against a person who reports
bullying, who provides information during an
investigation of bullying, or who is a witness to or
has reliable information about bullying;
(b) Identify the range of disciplinary administrative actions
that may be taken against a perpetrator for bullying or
retaliation which shall be commensurate with the nature
and gravity of the offense: Provided, That, in addition to the
disciplinary sanctions imposed upon a perpetrator of
bullying or retaliation, he/she shall also be required to
undergo a rehabilitation program which shall be
administered by the institution concerned. The parents of
the said perpetrator shall be encouraged by the said
institution to join the rehabilitation program;
(c) Establish clear procedures and strategies for:

(4) Protecting from bullying or retaliation of a
person who reports acts of bullying, provides
information during an investigation of bullying, or
is witness to or has reliable information about an
act of bullying; and
(5) Providing counseling or referral to appropriate
services for perpetrators, victims and appropriate
family members of said students;
(d) Enable students to anonymously report bullying or
retaliation: Provided, however, That no disciplinary
administrative action shall be taken against a perpetrator
solely on the basis of an anonymous report;
(e) Subject a student who knowingly makes a false
accusation of bullying to disciplinary administrative action;
(f) Educate students on the dynamics of bullying, the antibullying policies of the school as well as the mechanisms of
such school for the anonymous reporting of acts of bullying
or retaliation;
(g) Educate parents and guardians about the dynamics of
bullying, the anti-bullying policies of the school and how
parents and guardians can provide support and reinforce
such policies at home; and
(h) Maintain a public record of relevant information and
statistics on acts of bullying or retaliation in
school:Provided, That the names of students who
committed acts of bullying or retaliation shall be strictly
confidential and only made available to the school
administration, teachers directly responsible for the said
students and parents or guardians of students who are or
have been victims of acts of bullying or retaliation.

(2) Responding promptly to and investigating
reports of bullying or retaliation;

All elementary and secondary schools shall provide students and
their parents or guardians a copy of the anti-bullying policies being
adopted by the school. Such policies shall likewise be included in
the school’s student and/or employee handbook and shall be
conspicuously posted on the school walls and website, if there is
any.

(3) Restoring a sense of safety for a victim and
assessing the student’s need for protection;

The Department of Education (DepED) shall include in its training
programs, courses or activities which shall provide opportunities for

(1) Reporting acts of bullying or retaliation;

school administrators, teachers and other employees to develop
their knowledge and skills in preventing or responding to any
bullying act.

(d) Notify the parents or guardians of the victim regarding
the action taken to prevent any further acts of bullying or
retaliation.

Section 4. Mechanisms to Address Bullying. – The school principal
or any person who holds a comparable role shall be responsible for
the implementation and oversight of policies intended to address
bullying.

If an incident of bullying or retaliation involves students from more
than one school, the school first informed of the bullying or
retaliation shall promptly notify the appropriate administrator of the
other school so that both may take appropriate action.

Any member of the school administration, student, parent or
volunteer shall immediately report any instance of bullying or act of
retaliation witnessed, or that has come to one’s attention, to the
school principal or school officer or person so designated by the
principal to handle such issues, or both. Upon receipt of such a
report, the school principal or the designated school officer or person
shall promptly investigate. If it is determined that bullying or
retaliation has occurred, the school principal or the designated
school officer or person shall:

Section 5. Reporting Requirement. – All schools shall inform their
respective schools division superintendents in writing about the antibullying policies formulated within six (6) months from the effectivity
of this Act. Such notification shall likewise be an administrative
requirement prior to the operation of new schools.

(a) Notify the law enforcement agency if the school
principal or designee believes that criminal charges under
the Revised Penal Code may be pursued against the
perpetrator;

Beginning with the school year after the effectivity of this Act, and
every first week of the start of the school year thereafter, schools
shall submit a report to their respective schools division
superintendents all relevant information and statistics on acts of
bullying or retaliation. The schools division superintendents shall
compile these data and report the same to the Secretary of the
DepED who shall likewise formally transmit a comprehensive report
to the Committee on Basic Education of both the House of
Representatives and the Senate.

(b) Take appropriate disciplinary administrative action;
(c) Notify the parents or guardians of the perpetrator; and

Section 6. Sanction for Noncompliance. – In the rules and
regulations to be implemented pursuant to this Act, the Secretary of

the DepED shall prescribe the appropriate administrative sanctions
on school administrators who shall fail to comply with the
requirements under this Act. In addition thereto, erring private
schools shall likewise suffer the penalty of suspension of their
permits to operate.1âwphi1
Section 7. Implementing Rules and Regulations. – Within ninety
(90) days from the effectivity of this Act, the DepED shall promulgate
the necessary rules and regulations to implement the provisions of
this Act.
Section 8. Separability Clause. – If, for any reason, any provision of
this Act is declared to be unconstitutional or invalid, the other
sections or provisions hereof which are not affected thereby shall
continue to be in full force or effect.
Section 9. Repealing Clause. – All laws, decrees, orders, rules and
regulations or parts thereof which are inconsistent with or contrary to
the provisions of this Act are hereby repealed, amended or modified
accordingly.
Section 10. Effectivity. – This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of
general circulation