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SPECIAL PENAL LAWS

Judge Oscar Pimentel
Finals Coverage

Laws Covered:
1. Anti-Graft and Corrupt Practices Act (RA 3019)
2. Code of Conduct and Ethical Standards for Public Officials and Employees
(RA 6713)
3. Anti-Red Tape Law (RA 9485)
4. Anti-Hazing Law (RA 8049)
5. Anti-Torture Act (RA 9745)
6. Anti Sexual Harrassment (RA 7877)
7. Human Security Act (RA 9372)
8. Drunk Driving Act (RA 10586)
9. Dangerous Drugs Act RA 9165
10. Anti-Carnapping Law (RA 6539)
11. Illegal Possession of Firearms (PD 1866 as amended)
12. Juvenile Justice Act (RA 9344 as amended by RA 10630)


1. RA 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

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

SECTION 2. Definition of terms. As used in this Act, the term
a) "Government" includes the national government, the local governments, the
government-owned and government-controlled corporations, and all other
instrumentalities or agencies of the Republic of the Philippines and their
branches.
b) "Public officer" includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt
service receiving compensation, even nominal, from the government as
defined in the preceding subparagraph.
c) "Receiving any gift" includes the act of accepting directly or indirectly a gift
from a person other than a member of the public officer's immediate family,
in behalf of himself or of any member of his family or relative within the fourth
civil degree, either by consanguinity or affinity, even on the occasion of a
family celebration or national festivity like Christmas, if the value of the gift is
under the circumstances manifestly excessive.
d) "Person" includes natural and juridical persons, unless the context indicates
otherwise.

SECTION 3. Corrupt practices of public officers.
1
In addition to acts or
omissions of public officers already penalized by existing law, the following shall
constitute corrupt practices of any public officer and are hereby declared to be
unlawful:
a) Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by
competent authority or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or influenced to commit
such violation or offense.
b) Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection with
any contract or transaction between the Government and any other party,
wherein the public officer in his official capacity has to intervene under the
law.
c) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any person for
whom the public officer, in any manner or capacity, has secured or obtained,
or will secure or obtain, any Government permit or license, in consideration
for the help given or to be given, without prejudice to Section thirteen of this
Act.
d) Accepting or having any member of his family accept employment in a
private enterprise which has pending official business with him during the
pendency thereof or within one year after its termination.
e) Causing any undue injury to any party, including the Government, or giving
any private party any unwarranted benefits, advantage or preference in the
discharge of his official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations
charged with the grant of licenses or permits or other concessions.
f) Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before
him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue advantage in
favor of or discriminating against any other interested party.

1
The essential elements of the offense under Section 3 (e) are the following:
1. The accused must be a public officer discharging administrative, judicial, or official functions;
2. He must have acted with manifest partiality, evident bad faith, or gross inexcusable negligence;
and
3. His action caused any undue injury to any party, including the Government, or gave any private
party unwarranted benefits, advantage, or preference in the discharge of his functions.

What contextually is punishable is the act of causing any undue injury to any party, or the giving to any private
party of unwarranted benefits, advantage or preference in the discharge of the public officer's functions.

Mere bad faith is not enough for one to be liable under the law, since the act of bad faith must in the first place
be evident.

Violation of Section 3 (e) of Republic Act No. 3019 requires that there be injury caused by giving unwarranted
benefits, advantages or preferences to private parties who conspire with public officers. In contrast, Section 3
(g) does not require the giving of unwarranted benefits, advantages or preferences to private parties, its core
element being the engagement in a transaction or contract that is grossly and manifestly disadvantageous to
the government.

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g) Entering, on behalf of the Government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
h) Directly or indirectly having financing or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or takes part
in his official capacity, or in which he is prohibited by the Constitution or by
any law from having any interest.
i) Directly or indirectly becoming interested, for personal gain, or having a
material interest in any transaction or act requiring the approval of a board,
panel or group of which he is a member, and which exercises discretion in
such approval, even if he votes against the same or does not participate in
the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transactions or acts by the board, panel or group to which they belong.

j) Knowingly approving or granting any license, permit, privilege or benefit in
favor of any person not qualified for or not legally entitled to such license,
permit, privilege or advantage, or of a mere representative or dummy of one
who is not so qualified or entitled.
k) Divulging valuable information of a confidential character, acquired by his
office or by him on account of his official position to unauthorized persons, or
releasing such information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the employment
mentioned in subparagraph (d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this section shall, together
with the offending public officer, be punished under Section nine of this Act and shall
be permanently or temporarily disqualified in the discretion of the Court, from
transacting business in any form with the Government.

SECTION 4. Prohibition on private individuals. (a) It shall be unlawful for any
person having family or close personal relation with any public official to capitalize or
exploit or take advantage of such family or close personal relation by directly or
indirectly requesting or receiving any present, gift or material or pecuniary advantage
from any other person having some business, transaction, application, request or
contract with the government, in which such public official has to intervene. Family
relation shall include the spouse or relatives by consanguinity or affinity in the third
civil degree. The word "close personal relation" shall include close personal
friendship, social and fraternal connections, and professional employment all giving
rise to intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any
public official to commit any of the offenses defined in Section 3 hereof.

SECTION 5. Prohibition on certain relatives. It shall be unlawful for the spouse
or for any relative, by consanguinity or affinity, within the third civil degree, of the
President of the Philippines, the Vice-President of the Philippines, the President of the
Senate, or the Speaker of the House of Representatives, to intervene, directly or
indirectly, in any business, transaction, contract or application with the Government:
Provided, That this section shall not apply to any person who, prior to the assumption
of office of any of the above officials to whom he is related, has been already dealing
with the Government along the same line of business, nor to any transaction, contract
or application already existing or pending at the time of such assumption of public
office, nor to any application filed by him the approval of which is not discretionary on
the part of the official or officials concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued pursuant to law, nor to any
act lawfully performed in an official capacity or in the exercise of a profession.

SECTION 6. Prohibition on members of Congress. It shall be unlawful hereafter
for any Member of the Congress during the term for which he has been elected, to
acquire or receive any personal pecuniary interest in any specific business enterprise
which will be directly and particularly favored or benefited by any law or resolution
authored by him previously approved or adopted by the Congress during the same
term.

The provision of this section shall apply to any other public officer who recommended
the initiation in Congress of the enactment or adoption of any law or resolution, and
acquires or receives any such interest during his incumbency.

It shall likewise be unlawful for such member of Congress or other public officer, who,
having such interest prior to the approval of such law or resolution authored or
recommended by him, continues for thirty days after such approval to retain such
interest.

SECTION 7. Statement of assets and liabilities. Every public officer, within thirty
days after assuming office and, thereafter, on or before the fifteenth day of April
following the close of every calendar year, as well as upon the expiration of his term
of office, or upon his resignation or separation from office, shall prepare and file with
the office of the corresponding Department Head, or in the case of a Head of
Department or Chief of an independent office, with the Office of the President, a true,
detailed and sworn statement of assets and liabilities, including a statement of the
amounts and sources of his income, the amounts of his personal and family expenses
and the amount of income taxes paid for the next preceding calendar year; Provided,
That public officers assuming office less than two months before the end of the
calendar year, may file their first statement on or before the fifteenth day of April
following the close of the said calendar year.
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SECTION 8. Prima facie evidence of and dismissal due to unexplained wealth.
If in accordance with the provisions of Republic Act Numbered One thousand three
hundred seventy-nine, a public official has been found to have acquired during his
incumbency, whether in his name or in the name of other persons, an amount of
property and/or money manifestly out of proportion to his salary and to his other lawful
income, that fact shall be a ground for dismissal or removal. Properties in the name of
the spouse and dependents of such public official may be taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily shown. Bank
deposits in the name of or manifestly excessive expenditures incurred by the public

2
This Section has been further amended by RA 6713, Section 8 (see next law)

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official, his spouse or any of their dependents including but not limited to activities in
any club or association or any ostentatious display of wealth including frequent travel
abroad of a non-official character by any public official when such activities entail
expenses evidently out of proportion to legitimate income, shall likewise be taken into
consideration in the enforcement of this section, notwithstanding any provision of law
to the contrary. The circumstances hereinabove mentioned shall constitute valid
ground for the administrative suspension of the public official concerned for an
indefinite period until the investigation of the unexplained wealth is completed.

SECTION 9. Penalties for violations. (a) Any public officer or private person
committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and
6 of this Act shall be punished with imprisonment for not less than six years and one
month nor more than fifteen years, perpetual disqualification from public office, and
confiscation or forfeiture in favor of the Government of any prohibited interest and
unexplained wealth manifestly out of proportion to his salary and other lawful income.

Any complaining party at whose complaint the criminal prosecution was initiated shall,
in case of conviction of the accused, be entitled to recover in the criminal action with
priority over the forfeiture in favor of the Government, the amount of money or the
thing he may have given to the accused, or the fair value of such thing.

(b) Any public officer violating any of the provisions of Section 7 of this Act
shall be punished by a fine of not less than one thousand pesos nor more
than five thousand pesos, or by imprisonment not exceeding one year and
six months, or by both such fine and imprisonment, at the discretion of the
Court.

The violation of said section proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public officer, even if no criminal
prosecution is instituted against him.

SECTION 10. Competent court. Until otherwise provided by law, all prosecutions
under this Act shall be within the original jurisdiction of the Sandiganbayan.

SECTION 11. Prescription of offenses. All offenses punishable under this Act
shall prescribe in fifteen years.

SECTION 12. Termination of office. No public officer shall be allowed to resign or
retire pending an investigation, criminal or administrative, or pending a prosecution
against him, for any offense under this Act or under the provisions of the Revised
Penal Code on bribery.

SECTION 13. Suspension and loss of benefits.
3
Any incumbent public officer
against whom any criminal prosecution under a valid information under this Act or
under Title 7, Book II of the Revised Penal Code or for any offense involving fraud

3
Suspension from office is mandatory whenever a valid Information charges an incumbent public officer with
(1) violation of RA 3019; (2) violation of Title 7, Book II of the RPC; (3) any offense involving fraud upon
government; or (4) any offense involving fraud upon public funds or property. While petitioner correctly
contends that the charge filed against him and his co-accused does not fall under Title 7, Book II but under
Title 4, Book II of the RPC, it nevertheless involves "fraud upon government or public funds or property."
upon government or public funds or property whether as a simple or as a complex
offense and in whether stage of execution and mode of participation, is pending in
court, shall be suspended from office. Should he be convicted by final judgment, he
shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he
shall be entitled to reinstatement and to the salaries and benefits which he failed to
receive during suspension, unless in the meantime administrative proceedings have
been filed against him.

In the event that such convicted officer, who may have already been separated from
the service, has already received such benefits he shall be liable to restitute the same
to the Government.

SECTION 14. Exception. Unsolicited gifts or presents of small or insignificant
value offered or given as a mere ordinary token of gratitude or friendship according to
local customs or usage, shall be excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
profession, lawful trade or occupation by any private person or by any public officer
who under the law may legitimately practice his profession, trade or occupation,
during his incumbency, except where the practice of such profession, trade or
occupation involves conspiracy with any other person or public official to commit any
of the violations penalized in this Act.

SECTION 15. Separability clause. If any provision of this Act or the application of
such provision to any person or circumstances is declared invalid, the remainder of
the Act or the application of such provision to other persons or circumstances shall
not be affected by such declaration.

SECTION 16. Effectivity. This Act shall take effect on its approval, but for the
purpose of determining unexplained wealth, all property acquired by a public officer
since he assumed office shall be taken into consideration.

Approved: August 17, 1960

2. RA 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS
FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING
INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING
PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF AND FOR OTHER PURPOSES

SECTION 1. Title. This Act shall be known as the "Code of Conduct and Ethical
Standards for Public Officials and Employees."

SECTION 2. Declaration of Policies. It is the policy of the State to promote a high
standard of ethics in public service. Public officials and employees shall at all times be
accountable to the people and shall discharge their duties with utmost responsibility,

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integrity, competence, and loyalty, act with patriotism and justice, lead modest lives,
and uphold public interest over personal interest.

SECTION 3. Definition of Terms. As used in this Act, the term:
a) "Government" includes the National Government, the local governments,
and all other instrumentalities, agencies or branches of the Republic of the
Philippines including government-owned or controlled corporations, and their
subsidiaries.
b) "Public Officials" includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service,
including military and police personnel, whether or not they receive
compensation, regardless of amount.
c) "Gift" refers to a thing or a right disposed of gratuitously, or any act or
liberality, in favor of another who accepts it, and shall include a simulated
sale or an ostensibly onerous disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value not given in anticipation of, or
in exchange for, a favor from a public official or employee.
d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift
from a person other than a member of his family or relative as defined in this
Act, even on the occasion of a family celebration or national festivity like
Christmas, if the value of the gift is neither nominal nor insignificant, or the
gift is given in anticipation of, or in exchange for, a favor.
e) "Loan" covers both simple loan and commodatum as well as guarantees,
financing arrangements or accommodations intended to ensure its approval.
f) "Substantial stockholder" means any person who owns, directly or indirectly,
shares of stock sufficient to elect a director of a corporation. This term shall
also apply to the parties to a voting trust.
g) "Family of public officials or employees" means their spouses and unmarried
children under eighteen (18) years of age.
h) "Person" includes natural and juridical persons unless the context indicates
otherwise.
i) "Conflict of interest" arises when a public official or employee is a member of
a board, an officer, or a substantial stockholder of a private corporation or
owner or has a substantial interest in a business, and the interest of such
corporation or business, or his rights or duties therein, may be opposed to or
affected by the faithful performance of official duty.
j) "Divestment" is the transfer of title or disposal of interest in property by
voluntarily, completely and actually depriving or dispossessing oneself of his
right or title to it in favor of a person or persons other than his spouse and
relatives as defined in this Act.
k) "Relatives" refers to any and all persons related to a public official or
employee within the fourth civil degree of consanguinity or affinity, including
bilas, inso and balae.

SECTION 4. Norms of Conduct of Public Officials and Employees. (A) Every
public official and employee shall observe the following as standards of personal
conduct in the discharge and execution of official duties:
a) Commitment to public interest. Public officials and employees shall
always uphold the public interest over and above personal interest. All
government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.
b) Professionalism. Public officials and employees shall perform and
discharge their duties with the highest degree of excellence, professionalism,
intelligence and skill. They shall enter public service with utmost devotion
and dedication to duty. They shall endeavor to discourage wrong
perceptions of their roles as dispensers or peddlers of undue patronage.
c) Justness and sincerity. Public officials and employees shall remain true to
the people at all times. They must act with justness and sincerity and shall
not discriminate against anyone, especially the poor and the underprivileged.
They shall at all times respect the rights of others, and shall refrain from
doing acts contrary to law, good morals, good customs, public policy, public
order, public safety and public interest. They shall not dispense or extend
undue favors on account of their office to their relatives whether by
consanguinity or affinity except with respect to appointments of such
relatives to positions considered strictly confidential or as members of their
personal staff whose terms are coterminous with theirs.
d) Political neutrality. Public officials and employees shall provide service to
everyone without unfair discrimination and regardless of party affiliation or
preference.
e) Responsiveness to the public. Public officials and employees shall extend
prompt, courteous, and adequate service to the public. Unless otherwise
provided by law or when required by the public interest, public officials and
employees shall provide information of their policies and procedures in clear
and understandable language, ensure openness of information, public
consultations and hearings whenever appropriate, encourage suggestions,
simplify and systematize policy, rules and procedures, avoid red tape and
develop an understanding and appreciation of the socio-economic conditions
prevailing in the country, especially in the depressed rural and urban areas.
f) Nationalism and patriotism. Public officials and employees shall at all
times be loyal to the Republic and to the Filipino people, promote the use of
locally produced goods, resources and technology and encourage
appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.
g) Commitment to democracy. Public officials and employees shall commit
themselves to the democratic way of life and values, maintain the principle of
public accountability, and manifest by deeds the supremacy of civilian
authority over the military. They shall at all times uphold the Constitution and
put loyalty to country above loyalty to persons or party.
h) Simple living. Public officials and employees and their families shall lead
modest lives appropriate to their positions and income. They shall not
indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1)
observance of these standards including the dissemination of information programs
and workshops authorizing merit increases beyond regular progression steps, to a
limited number of employees recognized by their office colleagues to be outstanding
in their observance of ethical standards; and (2) continuing research and
experimentation on measures which provide positive motivation to public officials and
employees in raising the general level of observance of these standards.

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SECTION 5. Duties of Public Officials and Employees. In the performance of
their duties, all public officials and employees are under obligation to:
a) Act promptly on letters and requests. All public officials and employees
shall, within fifteen (15) working days from receipt thereof, respond to letters,
telegrams or other means of communications sent by the public. The reply
must contain the action taken on the request.
b) Submit annual performance reports. All heads or other responsible
officers of offices and agencies of the government and of government-owned
or controlled corporations shall, within forty-five (45) working days from the
end of the year, render a performance report of the agency or office or
corporation concerned. Such report shall be open and available to the public
within regular office hours.
c) Process documents and papers expeditiously. All official papers and
documents must be processed and completed within a reasonable time from
the preparation thereof and must contain, as far as practicable, not more
than three (3) signatories therein. In the absence of duly authorized
signatories, the official next-in-rank or officer in charge shall sign for and in
their behalf.
d) Act immediately on the public's personal transactions. All public officials
and employees must attend to anyone who wants to avail himself of the
services of their offices and must, at all times, act promptly and
expeditiously.
e) Make documents accessible to the public. All public documents must be
made accessible to, and readily available for inspection by, the public within
reasonable working hours.

SECTION 6. System of Incentives and Rewards. A system of annual incentives
and rewards is hereby established in order to motivate and inspire public servants to
uphold the highest standards of ethics. For this purpose, a Committee on Awards to
Outstanding Public Officials and Employees is hereby created composed of the
following: The Ombudsman and Chairman of the Civil Service Commission as Co-
Chairmen, and the Chairman of the Commission on Audit, and two government
employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of
Government and establish a system of annual incentives and rewards to the end that
due recognition is given to public officials and employees of outstanding merit on the
basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following:
the years of service and the quality and consistency of performance, the obscurity of
the position, the level of salary, the unique and exemplary quality of a certain
achievement, and the risks or temptations inherent in the work. Incentives and
rewards to government officials and employees of the year to be announced in public
ceremonies honoring them may take the form of bonuses, citations, directorships in
government-owned or controlled corporations, local and foreign scholarship grants,
paid vacations and the like. They shall likewise be automatically promoted to the next
higher position with the commensurate salary suitable to their qualifications. In case
there is no next higher position or it is not vacant, said position shall be included in the
budget of the office in the next General Appropriations Act. The Committee on
Awards shall adopt its own rules to govern the conduct of its activities.

SECTION 7. Prohibited Acts and Transactions. In addition to acts and
omissions of public officials and employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited acts and transactions of any
public official and employee and are hereby declared to be unlawful:
a) Financial and material interest. Public officials and employees shall not,
directly or indirectly, have any financial or material interest in any transaction
requiring the approval of their office.
b) Outside employment and other activities related thereto. Public officials
and employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless
expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by
the Constitution or law, provided, that such practice will not conflict or
tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which
has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice
his profession in connection with any matter before the office he used to be
with, in which case the one-year prohibition shall likewise apply.

c) Disclosure and/or misuse of confidential information.

Public officials and employees shall not use or divulge, confidential or classified
information officially known to them by reason of their office and not made
available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.

d) Solicitation or acceptance of gifts. Public officials and employees shall
not solicit or accept, directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being
regulated by, or any transaction which may be affected by the functions of
their office.

As to gifts or grants from foreign governments, the Congress consents to:
i. The acceptance and retention by a public official or employee of a gift of
nominal value tendered and received as a souvenir or mark of courtesy;
ii. The acceptance by a public official or employee of a gift in the nature of a
scholarship or fellowship grant or medical treatment; or

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iii. The acceptance by a public official or employee of travel grants or expenses
for travel taking place entirely outside the Philippine (such as allowances,
transportation, food, and lodging) of more than nominal value if such
acceptance is appropriate or consistent with the interests of the Philippines,
and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out
the purpose of this subsection, including pertinent reporting and disclosure
requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific
or cultural exchange programs subject to national security requirements.

SECTION 8. Statements and Disclosure. Public officials and employees have an
obligation to accomplish and submit declarations under oath of, and the public has the
right to know, their assets, liabilities, net worth and financial and business interests
including those of their spouses and of unmarried children under eighteen (18) years
of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. All public
officials and employees, except those who serve in an honorary capacity,
laborers and casual or temporary workers, shall file under oath their
Statement of Assets, Liabilities and Net Worth and a Disclosure of Business
Interests and Financial Connections and those of their spouses and
unmarried children under eighteen (18) years of age living in their
households.

The two documents shall contain information on the following:
a) real property, its improvements, acquisition costs, assessed value and
current fair market value;
b) personal property and acquisition cost;
c) all other assets such as investments, cash on hand or in banks, stocks,
bonds, and the like;
d) liabilities, and;
e) all business interests and financial connections.

The documents must be filed:
a) within thirty (30) days after assumption of office;
b) on or before April 30, of every year thereafter; and
c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their assumption
of office, the necessary authority in favor of the Ombudsman to obtain from all
appropriate government agencies, including the Bureau of Internal Revenue, such
documents as may show their assets, liabilities, net worth, and also their business
interests and financial connections in previous years, including, if possible, the year
when they first assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required
statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office of the
Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the
House of Representatives, respectively; Justices, with the Clerk of Court of
the Supreme Court; Judges, with the Court Administrator; and all national
executive officials with the Office of the President.
(3) Regional and local officials and employees, with the Deputy Ombudsman in
their respective regions;
(4) Officers of the armed forces from the rank of colonel or naval captain, with
the Office of the President, and those below said ranks, with the Deputy
Ombudsman in their respective regions; and
(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. It shall be the duty of every
public official or employee to identify and disclose, to the best of his
knowledge and information, his relatives in the Government in the form,
manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. (1) Any and all statements filed under this Act,
shall be made available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction
after ten (10) working days from the time they are filed as required by
law.
(3) Any person requesting a copy of a statement shall be required to pay a
reasonable fee to cover the cost of reproduction and mailing of such
statement, as well as the cost of certification.
(4) Any statement filed under this Act shall be available to the public for a
period of ten (10) years after receipt of the statement. After such period,
the statement may be destroyed unless needed in an ongoing
investigation.

(D) Prohibited acts. It shall be unlawful for any person to obtain or use any
statement filed under this Act for:
(a) any purpose contrary to morals or public policy; or aisa dc
(b) any commercial purpose other than by news and communications
media for dissemination to the general public.

SECTION 9. Divestment. A public official or employee shall avoid conflicts of
interest at all times. When a conflict of interest arises, he shall resign from his position
in any private business enterprise within thirty (30) days from his assumption of office
and/or divest himself of his shareholdings or interest within sixty (60) days from such
assumption.

The same rule shall apply where the public official or employee is a partner in a
partnership.

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The requirement of divestment shall not apply to those who serve the Government in
an honorary capacity nor to laborers and casual or temporary workers.

SECTION 10. Review and Compliance Procedure. (a) The designated
Committees of both Houses of the Congress shall establish procedures for the review
of statements to determine whether said statements which have been submitted on
time, are complete, and are in proper form. In the event a determination is made that
a statement is not so filed, the appropriate Committee shall so inform the reporting
individual and direct him to take the necessary corrective action.
(a) In order to carry out their responsibilities under this Act, the designated
Committees of both Houses of Congress shall have the power within their
respective jurisdictions, to render any opinion interpreting this Act, in writing,
to persons covered by this Act, subject in each instance to the approval by
affirmative vote of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual
involved in a similar factual situation, and who, after issuance of the opinion
acts in good faith in accordance with it shall not be subject to any sanction
provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections
(a) and (b) hereof insofar as their respective offices are concerned,
subject to the approval of the Secretary of Justice, in the case of the
Executive Department and the Chief Justice of the Supreme Court, in
the case of the Judicial Department.

SECTION 11. Penalties. (a) Any public official or employee, regardless of whether
or not he holds office or employment in a casual, temporary, holdover, permanent or
regular capacity, committing any violation of this Act shall be punished with a fine not
exceeding the equivalent of six (6) months' salary or suspension not exceeding one
(1) year, or removal depending on the gravity of the offense after due notice and
hearing by the appropriate body or agency. If the violation is punishable by a heavier
penalty under another law, he shall be prosecuted under the latter statute. Violations
of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding
five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in
the discretion of the court of competent jurisdiction, disqualification to hold public
office.
(b) Any violation hereof proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public official or employee,
even if no criminal prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-principals,
accomplices or accessories, with public officials or employees, in violation of
this Act, shall be subject to the same penal liabilities as the public officials or
employees and shall be tried jointly with them.
(d) The official or employee concerned may bring an action against any person
who obtains or uses a report for any purpose prohibited by Section 8 (D) of
this Act. The Court in which such action is brought may assess against such
person a penalty in any amount not to exceed twenty-five thousand pesos
(P25,000). If another sanction hereunder or under any other law is heavier,
the latter shall apply.

SECTION 12. Promulgation of Rules and Regulations, Administration and
Enforcement of this Act. The Civil Service Commission shall have the primary
responsibility for the administration and enforcement of this Act. It shall transmit all
cases for prosecution arising from violations of this Act to the proper authorities for
appropriate action: Provided, however, That it may institute such administrative
actions and disciplinary measures as may be warranted in accordance with law.
Nothing in this provision shall be construed as a deprivation of the right of each
House of Congress to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and
regulations necessary to carry out the provisions of this Act, including guidelines for
individuals who render free voluntary service to the Government. The Ombudsman
shall likewise take steps to protect citizens who denounce acts or omissions of public
officials and employees which are in violation of this Act.

SECTION 13. Provisions for More Stringent Standards. Nothing in this Act shall
be construed to derogate from any law, or any regulation prescribed by any body or
agency, which provides for more stringent standards for its official and employees.

SECTION 14. Appropriations. The sum necessary for the effective
implementation of this Act shall be taken from the appropriations of the Civil Service
Commission. Thereafter, such sum as may be needed for its continued
implementation shall be included in the annual General Appropriations Act.

SECTION 15. Separability Clause. If any provision of this Act or the application of
such provision to any person or circumstance is declared invalid, the remainder of the
Act or the application of such provision to other persons or circumstances shall not be
affected by such declaration.

SECTION 16. Repealing Clause. All laws, decrees and orders or parts thereof
inconsistent herewith, are deemed repealed or modified accordingly, unless the same
provide for a heavier penalty.

SECTION 17. Effectivity. This Act shall take effect after thirty (30) days following
the completion of its publication in the Official Gazette or in two (2) national
newspapers of general circulation.

Approved: February 20, 1989.

3. RA 9485

AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF GOVERNMENT
SERVICE TO THE PUBLIC BY REDUCING BUREAUCRATIC RED TAPE,
PREVENTING GRAFT AND CORRUPTION, AND PROVIDING PENALTIES
THEREFOR


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SECTION 1. Short Title. This Act shall be known as the "Anti-Red Tape Act of
2007."

SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to
promote integrity, accountability, proper management of public affairs and public
property as well as to establish effective practices aimed at the prevention of graft and
corruption in government. Towards this end, the State shall maintain honesty and
responsibility among its public officials and employees, and shall take appropriate
measures to promote transparency in each agency with regard to the manner of
transacting with the public, which shall encompass a program for the adoption of
simplified procedures that will reduce red tape and expedite transactions in
government.

SECTION 3. Coverage. This Act shall apply to all government offices and
agencies including local government units and government-owned or -controlled
corporations that provide frontline services as defined in this Act. Those performing
judicial, quasi-judicial and legislative functions are excluded from the coverage of this
Act.

SECTION 4. Definition of Terms. As used in this Act, the following terms are
defined as follows:
a) "Simple Transactions" refer to requests or applications submitted by clients
of a government office or agency which only require ministerial actions on
the part of the public officer or employee, or that which present only
inconsequential issues for the resolution by an officer or employee of said
government office.
b) "Complex Transactions" refer to requests or applications submitted by clients
of a government office which necessitate the use of discretion in the
resolution of complicated issues by an officer or employee of said
government office, such transaction to be determined by the office
concerned.
c) "Frontline Service" refers to the process or transaction between clients and
government offices or agencies involving applications for any privilege, right,
permit, reward, license, concession, or for any modification, renewal or
extension of the enumerated applications and/or requests which are acted
upon in the ordinary course of business of the agency or office concerned.
d) "Action" refers to the written approval or disapproval made by a government
office or agency on the application or request submitted by a client for
processing.
e) "Officer or Employee" refers to a person employed in a government office or
agency required to perform specific duties and responsibilities related to the
application or request submitted by a client for processing.
f) "Irrelevant requirements" refer to any document or performance of an act not
directly material to the resolution of the issues raised in the request or
needed in the application submitted by the client.
g) "Fixer'' refers to any individual whether or not officially involved in the
operation of a government office or agency who has access to people
working therein, and whether or not in collusion with them, facilitates speedy
completion of transactions for pecuniary gain or any other advantage or
consideration.

SECTION 5. Reengineering of Systems and Procedures. All offices and
agencies which provide frontline services are hereby mandated to regularly undertake
time and motion studies, undergo evaluation and improvement of their transaction
systems and procedures and re-engineer the same if deemed necessary to reduce
bureaucratic red tape and processing time.

SECTION 6. Citizen's Charter. All government agencies including departments,
bureaus, offices, instrumentalities, or government-owned and/or controlled
corporations, or local government or district units shall set up their respective service
standards to be known as the Citizen's Charter in the form of information billboards
which should be posted at the main entrance of offices or at the most conspicuous
place, and in the form of published materials written either in English, Filipino or in the
local dialect, that detail:
a) The procedure to obtain a particular service;
b) The person/s responsible for each step;
c) The maximum time to conclude the process;
d) The document/s to be presented by the customer, if necessary;
e) The amount of fees, if necessary; and
f) The procedure for filing complaints.

SECTION 7. Accountability of the Heads of Offices and Agencies. The head of
the office or agency shall be primarily responsible for the implementation of this Act
and shall be held accountable to the public in rendering fast, efficient, convenient and
reliable service. All transactions and processes are deemed to have been made with
the permission or clearance from the highest authority having jurisdiction over the
government office or agency concerned.

SECTION 8. Accessing Frontline Services. The following shall be adopted by all
government offices and agencies:
a) Acceptance of Applications and Requests (1) All officers or employees
shall accept written applications; requests, and/or documents being
submitted by clients of the office or agency.
(2) The responsible officer or employee shall acknowledge receipt of such
application and/or request by writing or printing clearly thereon his/her name,
the unit where he/she is connected with, and the time and date of receipt.
(3) The receiving officer or employee shall perform a preliminary assessment of
the request so as to promote a more expeditious action on requests.

b) Action of Offices (1) All applications and/or requests submitted shall be
acted upon by the assigned officer or employee during the period stated in
the Citizen's Charter which shall not be longer than five working days in the
case of simple transactions and ten (10) working days in the case of
complex transactions from the date the request or application was received.
Depending on the nature of the frontline services requested or the mandate
of the office or agency under unusual circumstances, the maximum time
prescribed above may be extended. For the extension due to the nature of
frontline services or the mandate of the office or agency concerned, the
period for the delivery of frontline services shall be indicated in the Citizen's
Charter. The office or agency concerned shall notify the requesting party in

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writing of the reason for the extension and the final date of release for the
extension and the final date of release of the frontline service/s requested.
(2) No application or request shall be returned to the client without appropriate
action. In case an application or request is disapproved, the officer or
employee who rendered the decision shall send a formal notice to the client
within five working days from the receipt of the request and/or application,
stating therein the reason for the disapproval including a list of specific
requirements which the client failed to submit.

c) Denial of Request for Access to Government Service Any denial of
request for access to government service shall be fully explained in writing,
stating the name of the person making the denial and the grounds upon
which such denial is based. Any denial of request is deemed to have been
made with the permission or clearance from the highest authority having
jurisdiction over the government office or agency concerned.

d) Limitation of Signatories The number of signatories in any document shall
be limited to a maximum of five signatures which shall represent officers
directly supervising the office or agency concerned.

e) Adoption of Working Schedules to Serve Clients Heads of offices and
agencies which render frontline services shall adopt appropriate working
schedules to ensure that all clients who are within their premises prior to the
end of official working hours are attended to and served even during lunch
break and after regular working hours.

f) Identification Card All employees transacting with the public shall be
provided with an official identification card which should be visibly worn
during office hours.

g) Establishment of Public Assistance/Complaints Desk Each office or
agency shall establish a public assistance/complaints desk in all their offices.

SECTION 9. Automatic Extension of Permits and Licenses. If a government
office or agency fails to act on an application and/or request for renewal of a license,
permit or authority subject for renewal within the prescribed period, said permit,
license or authority shall automatically be extended until a decision or resolution is
rendered on the application for renewal: Provided, That the automatic extension shall
not apply when the permit, license, or authority covers activities which pose danger to
public health, public safety, public morals or to public policy including, but not limited
to, natural resource extraction activities.

SECTION 10. Report Card Survey. All offices and agencies providing frontline
services shall be subjected to a Report Card Survey to be initiated by the Civil Service
Commission, in coordination with the Development Academy of the Philippines, which
shall be used to obtain feedback on hour provisions in the Citizen's Charter are being
followed and how the agency is performing.

The Report Card Survey shall also be used to obtain information and/or estimates of
hidden costs incurred by clients to access frontline services which may include, but is
not limited to, bribes and payment to fixers.

A feedback mechanism shall be established in all agencies covered by this Act and
the results thereof shall be incorporated in their annual report.

SECTION 11. Violations. After compliance with the substantive and procedural
due process, the following shall constitute violations of this Act together with their
corresponding penalties:
a) Light Offense (1) Refusal to accept application and/or request within the
prescribed period or any document being submitted by a client;
(2) Failure to act on an application and/or request or failure to refer back to the
client a request which cannot be acted upon due to lack of requirement's
within the prescribed period;
(3) Failure to attend to clients who are within the premises of the office or
agency concerned prior to the end of official working hours and during lunch
break;
(4) Failure to render frontline services within the prescribed period on any
application and/or request without due cause;
(5) Failure to give the client a written notice on the disapproval of an application
or request; and
(6) Imposition of additional irrelevant requirements other than those listed in the
first notice.

Penalties for light offense shall be as follows:
First Offense Thirty (30) days suspension without pay and mandatory
attendance in Values Orientation Program;
Second Offense Three months suspension without pay; and
Third Offense Dismissal and perpetual disqualification from public service.

(b) Grave Offense Fixing and/or collusion with fixers in consideration of
economic and/or other gain or advantage.

Penalty Dismissal and perpetual disqualification from public service.

SECTION 12. Criminal Liability for Fixers. In addition to Section 11(b), fixers, as
defined in this Act, shall suffer the penalty of imprisonment not exceeding six years or
a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Two
hundred thousand pesos (P200,000.00) or both fine and imprisonment at the
discretion of the court.

SECTION 13. Civil and Criminal Liability, Not Barred. The finding of
administrative liability under this Act shall not be a bar to the filing of criminal, civil or
other related charges under existing laws arising from the same act or omission as
herein enumerated.

SECTION 14. Administrative Jurisdiction. The administrative jurisdiction on any
violation of the provisions of this Act shall be vested on either the Civil Service

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Commission (CSC), the Presidential Anti-Graft Commission (PAGC) or the Office of
the Ombudsman as determined by appropriate laws and issuances.

SECTION 15. Immunity; Discharge of Co-Respondent/Accused to be a Witness.
Any public official or employee or any person having been charged with another
under this Act and who voluntarily gives information pertaining to an investigation or
who willingly testifies therefor, shall be exempt from prosecution in the case/s where
his/her information and testimony are given. The discharge may be granted and
directed by the investigating body or court upon the application or petition of any of
the respondent/accused-informant and before the termination of the investigation:
Provided, That:
a) There is absolute necessity for the testimony of the respondent/accused-
informant whose discharge is requested;
b) There is no other direct evidence available for the proper prosecution of the
offense committed, except the testimony of said respondent/accused-
informant;
c) The testimony of said respondent/accused-informant can be substantially
corroborated in its material points;
d) The respondent/accused-informant has not been previously convicted of a
crime involving moral turpitude; and
e) Said respondent/accused-informant does not appear to be the most guilty.

Evidence adduced in support of the discharge shall automatically form part of the
records of the investigation. Should the investigating body or court deny the motion of
request for discharge as a witness, his/her sworn statement shall be inadmissible as
evidence.

SECTION 16. Implementing Rules and Regulations. The Civil Service
Commission, in coordination with the Development Academy of the Philippines
(DAP), the Office of the Ombudsman and the Presidential Anti-Graft Commission
(PAGC), shall promulgate the necessary rules and regulations within ninety (90) days
from the effectivity of this Act.

SECTION 17. Separability Clause. If any provision of this Act shall be declared
invalid or unconstitutional, such declaration shall not affect the validity of the
remaining provisions of this Act.

SECTION 18. Repealing Clause. All provisions of laws, presidential decrees,
letters of instruction and other presidential issuances which are incompatible or
inconsistent with the provisions of this Act are hereby deemed amended or repealed.

SECTION 19. Effectivity. This Act shall take effect within fifteen (15) days
following its publication in the Official Gazette or in two national newspapers of
general circulation.

Approved: June 2, 2007

4. RA 8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN
FRATERNITIES, SORORITIES, AND ORGANIZATIONS AND PROVIDING
PENALTIES THEREFOR

SECTION 1. Hazing as used in this Act is an initiation rite or practice as a prerequisite
for admission into membership in a fraternity, sorority or organization by placing the
recruit neophyte or applicant in some embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish and similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or injury.

The term organization shall include any club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military Academy, or officer and cadet corp of
the Citizen's Military Training, or Citizen's Army Training. The physical, mental and
psychological testing and training procedure and practices to determine and enhance
the physical, mental and psychological fitness of prospective regular members of the
Armed Forces of the Philippines and the Philippine National Police as approved by
the Secretary of National Defense and the National Police Commission duly
recommended by the Chief of Staff, Armed Forces of the Philippines and the Director
General of the Philippine National Police shall not be considered as hazing for the
purpose of this Act.

SECTION 2. No hazing or initiation rites in any form or manner by a fraternity, sorority
or organization shall be allowed without prior written notice to the school authorities or
head of organization seven (7) days before the conduct of such initiation. The written
notice shall indicate the period of the initiation activities which shall not exceed three
(3) days, shall include the names of those to be subjected to such activities, and shall
further contain an undertaking that no physical violence be employed by anybody
during such initiation rites.

SECTION 3. The head of the school or organization or their representatives must
assign at least two (2) representatives of the school or organization as the case may
be, to be present during the initiation. It is the duty of such representative to see to it
that no physical harm of any kind shall be inflicted upon a recruit, neophyte or
applicant.

SECTION 4. If the person subjected to hazing or other forms of initiation rites suffers
any physical injury or dies as a result thereof the officer and members of the fraternity,
sorority or organization who actually participated in the infliction of physical harm shall
be liable as principals. The person or persons who participated in the hazing shall
suffer:
a) The penalty of reclusion perpetua if death, rape, sodomy or mutilation results
therefrom
b) The penalty of reclusion temporal in its maximum period if in consequence of
the hazing the victim shall become insane, imbecile, impotent or blind.
c) The penalty of reclusion temporal in its medium period if in consequence of
the hazing the victim shall have lost the use of speech or the power to hear
or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall
have lost the use of any such member shall have become incapacitated for
the activity or work in which he was habitually engaged.

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d) The penalty of reclusion temporal in its minimum period if in consequence of
the hazing the victim shall become deformed or shall have lost any other part
of his body, or shall have lost the use thereof or shall have been ill or
incapacitated for the performance of the activity or work in which he was
habitually engaged for a period of more than ninety (90) days.
e) The penalty of prision mayor in its maximum period if in consequence of the
hazing the victim shall have been ill or incapacitated for the performance on
the activity or work in which he was habitually engaged for more than thirty
(30) days.
f) The penalty of prision mayor in its medium period if in consequence of the
hazing the victim shall have been ill or incapacitated for the performance of
the activity or work in which he was habitually engaged for ten (10) days or
more, or that the injury sustained shall require medical attendance for the
same period. cd i
g) The penalty of prision mayor in its minimum period if in consequence of the
hazing the victim shall have been ill or incapacitated for the performance of
the activity or work in which he was habitually engaged from one (1) to nine
(9) days, or that the injury sustained shall require medical attendance for the
same period.
h) The penalty of prision correccional in its maximum period if in consequence
of the hazing the victim sustained physical injuries which do not prevent him
from engaging in his habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen's army
training organization, may impose the appropriate administrative sanctions on the
person or persons charged under this provision even before their conviction

The maximum penalty herein provided shall be imposed in any of the following
instances:
a) when the recruitment is accompanied by force, violence, threat, intimidation
or deceit on the person of the recruit who refuses to join;
b) when the recruit, neophyte or applicant initially consents to join but upon
learning that hazing will be committed on his person, is prevented from
quitting.
c) when the recruit neophyte or applicant having undergone hazing is
prevented from reporting the unlawful act to his parents or guardians, to the
proper school authorities, or to the police authorities through force, violence ,
threat or intimidation;
d) when the hazing is committed outside of the school or institution: or
e) when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice,
when he has actual knowledge of the hazing conducted therein but failed to take any
action to prevent the same from occurring. If the hazing is held in the home of one of
the officers or members of the fraternity, group, or organization, the parents shall be
held liable as principals when they have actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who
have actual knowledge thereof but failed to take any action to prevent the same from
occurring shall be punished as accomplices for the acts of hazing committed by the
perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity, or sorority
who actually planned the hazing although not present when the acts constituting the
hazing were committed shall be liable as principals. Officers or members of an
organization, group, fraternity, or sorority who knowingly cooperated in carrying out
the hazing by inducing the victim to be present thereat shall be liable as principals. A
fraternity or sorority's adviser who is present when the acts constituting the hazing
were committed and failed to take any action to prevent the same from occurring shall
be liable as principal.

The presence of any person during the hazing is prime facie evidence of participation
therein as a principal unless he prevented the commission of the acts punishable
herein.
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Any person charged under this provision shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong.

This section shall apply to the president, manager, director or other responsible officer
of a corporation engaged in hazing as a requirement for employment in the manner
provided herein. acd

SECTION 5. If any provision or part of this Act is declared invalid or unconstitutional
the other parts or provisions thereof shall remain valid and effective.

SECTION 6. All laws, orders, rules or regulations which are inconsistent with or
contrary to the provisions of this Act are hereby amended or repealed accordingly.

SECTION 7. This Act shall take effect fifteen (15) days after its publication in at least
two (2) national newspapers of general circulation.

Approved: June 7, 1995

5. RA 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES
THEREFOR

SECTION 1. Short Title. This Act shall be known as the "Anti-Torture 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

4
Sir finds this weird.

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person in authority shall be subjected to physical, psychological or mental
harm, force, violence, threat or intimidation or any act that impairs his/her
free will 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 (CEDAW) 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 suffering 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 of drugs to induce confession and/or reduce
mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms
of a disease; and
(14) Other analogous acts of physical torture; and

b) "Mental/Psychological Torture" refers to acts committed by a person in
authority or agent of a person in authority which are calculated to affect or
confuse the mind and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her 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;

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

SECTION 5. Other Cruel, Inhuman and Degrading Treatment or Punishment.
Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in authority against another
person in custody, which attains a level of severity sufficient to cause suffering, gross
humiliation or debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the treatment or
punishment, its physical and mental effects and, in some cases, the sex, religion, age
and state of health of the victim.

SECTION 6. Freedom from Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment, an Absolute Right. 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 for 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 Order. 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 (BHRAC) 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 be 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 be 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 be attached to
the custodial investigation report. Such report shall be considered a public document.

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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 provision 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 in the escape of the principals 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 in 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 more 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.

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(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 officer/s
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 the 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 CHR, 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
this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

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 this 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.


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SECTION 27. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved: November 10, 2009

6. RA 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES

SECTION 1. Title. This Act shall be known as the "Anti-Sexual Harassment Act of
1995."

SECTION 2. Declaration of Policy. The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full respect
for human rights, and uphold the dignity of workers, employees, applicants for
employment, students or those undergoing training, instruction or education.
Towards this end, all forms of sexual harassment in the employment, education or
training environment are hereby declared unlawful.

SECTION 3. Work, Education or Training-related Sexual Harassment Defined.
5

Work, education or training-related sexual harassment is committed by an
employer, employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having authority, influence or
moral ascendancy over another in a work or training or education environment,
demands, requests or otherwise requires any sexual favor from the other, regardless
of whether the demand, request or requirement for submission is accepted by the
object of said act.
a) In a work-related or employment environment, sexual harassment is
committed when:
(1) The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation, terms,
conditions, promotions, or privileges; or the refusal to grant the sexual
favor results in limiting, segregating or classifying the employee which in

5
RA 9710, Section 4 provides the following definition, among others:
(k) "Violence Against Women" refers to any act of gender-based violence that results in, or is likely to result in,
physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or
arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be understood to
encompass, but not limited to, the following:
(1) Physical, sexual, psychological, and economic violence occurring in the family, including battering,
sexual abuse of female children in the household, dowry-related violence, marital rape, and other
traditional practices harmful to women, non-spousal violence, and violence related to exploitation;
(2) Physical, sexual, and psychological violence occurring within the general community, including
rape, sexual abuse, sexual harassment, and intimidation at work, in educational institutions and
elsewhere, trafficking in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it
occurs.
It also includes acts of violence against women as defined in Republic Acts No. 9208 and 9262.
any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under
existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive
environment for the employee.

b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the
offender;
(2) Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships or the payment of a
stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another without
which it would not have been committed, shall also be held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education
or Trainings Environment. It shall be the duty of the employer or the head of the
work-related, educational or training environment or institution, to prevent or deter the
commission of acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual harassment. Towards this end,
the employer or head of office shall:
a) Promulgate appropriate rules and regulations in consultation with and jointly
approved by the employees or students or trainees, through their duly
designated representatives, prescribing the procedure for the investigation of
sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum in the workplace and educational or
training institutions.

b) Create a committee on decorum and investigation of cases on sexual
harassment. The committee shall conduct meetings, as the case may be,
with officers and employees, teachers, instructors, professors, coaches,
trainors and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of
alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at
least one(1) representative each from the management, the union, if any, the
employees from the supervisory rank, and from the rank and file employees.

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In the case of the educational or training institution, the committee shall be composed
of at least one (1) representative from the administration, the trainors, teachers,
instructors, professors or coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or
post a copy of this Act for the information of all concerned.

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

SECTION 6. Independent Action for Damages. Nothing in this Act shall preclude
the victim of work, education or training-related sexual harassment from instituting a
separate and independent action for damages and other affirmative relief.

SECTION 7. Penalties. Any person who violates the provisions of this Act shall,
upon conviction, be penalized by imprisonment of not less than one (1) month nor
more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor
more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at
the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in
three (3) years.

SECTION 8. Separability Clause. If any portion or provision of this Act is declared
void or unconstitutional, the remaining portions or provisions hereof shall not be
affected by such declaration.

SECTION 9. Repealing Clause. All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 10. Effectivity Clause. This Act shall take effect fifteen (15) days after
its complete publication in at least two (2) national newspapers of general circulation.

Approved: February 14, 1995

7. RA 9372

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM

SECTION 1. Short Title. This Act shall henceforth be known as the "Human
Security Act of 2007."

SECTION 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.

SECTION 3. Terrorism.
6
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);
7


6
See RA 10168, which states:
(j) Terrorist acts refer to the following:
(1) Any act in violation of Section 3 or Section 4 of the Human Security Act of 2007;
(2) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person
not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such
act, by its nature or context, is to intimidate a population, or to compel a government or an
international organization to do or to abstain from doing any act;
(3) Any act which constitutes an offense under this Act, that is within the scope of any of the following
treaties of which the Republic of the Philippines is a State party:
a) Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on 16
December 1970;
b) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at
Montreal on 23 September 1971;
c) Convention on the Prevention and Punishment of Crimes against Internationally Protected
Persons, including Diplomatic Agents, adopted by the General Assembly of the United
Nations on 14 December 1973;
d) International Convention against the Taking of Hostages, adopted by the General Assembly
of the United Nations on 17 December 1979;
e) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March
1980;
f) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, done at Montreal on 24 February 1988;
g) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
done at Rome on 10 March 1988;
h) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located
on the Continental Shelf, done at Rome on 10 March 1988; or
i) International Convention for the Suppression of Terrorist Bombings, adopted by the General
Assembly of the United Nations on 15 December 1997.

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b) Article 134 (Rebellion or Insurrection);
8

c) Article 134-a (Coup d'Etat), including acts committed by private persons;
9

d) Article 248 (Murder);
10

e) Article 267 (Kidnapping and Serious Illegal Detention);
11

f) Article 324 (Crimes Involving Destruction), or under
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990);
(3) Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of
1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
(5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery
Law of 1974); and,

7
ARTICLE 122. Piracy in general and mutiny on the high seas or in Philippine waters. The penalty of
recluson perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters, shall
attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or
part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.
8
ARTICLE 134. Rebellion or insurrection How committed. The crime of rebellion or insurrection is
committed by rising publicly and taking arms against the Government for the purpose of removing from the
allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, of
any body of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives.
9
Article 134-A. Coup d'etat. How committed. The crime of coup d'etat is a swift attack accompanied by
violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of
the Philippines, or any military camp or installation, communications network, public utilities or other facilities
needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in
the Philippines by any person or persons, belonging to the military or police or holding any public office or
employment, with or without civilian support or participation for the purpose of seizing or diminishing state
power.
10
ARTICLE 248. Murder. Any person who, not falling within the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished by recluson perpetua to death if committed with any of the
following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
11
ARTICLE 267. Kidnapping and serious illegal detention. Any private individual who shall kidnap or detain
another, or in any other manner deprive him of his liberty, shall suffer the penalty of recluson perpetua to
death:
1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or
if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, except when the accused is any of the
parents, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting
ransom from the victim or any other person, even if none of the circumstances abovementioned were present
in the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture
or dehumanizing acts, the maximum penalty shall be imposed.
(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.

SECTION 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.

SECTION 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.

SECTION 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).

SECTION 7. Surveillance of Suspects and Interception and Recording of
Communications.
12
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,

12
See further RA 10173 entitled "An Act Protecting Individual Personal Information In Information And
Communications Systems In The Government And The Private Sector, Creating For This Purpose A National
Privacy Commission, And For Other Purposes" (approved August 15, 2012), which expressly amends Sec. 7
of this law.

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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.

SECTION 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.

SECTION 9. Classification and Contents of the Order of the Court. The written
order granted by the authorizing division of the Court of Appeals as well as its order, if
any, to extend or renew the same, the original application of the applicant, including
his application to extend or renew, if any, and the written authorizations of the Anti-
Terrorism Council shall be deemed and are hereby declared as classified information:
Provided, That the person being surveilled or whose communications, letters, papers,
messages, conversations, discussions, spoken or written words and effects have
been monitored, listened to, bugged or recorded by law enforcement authorities has
the right to be informed of the acts done by the law enforcement authorities in the
premises or to challenge, if he or she intends to do so, the legality of the interference
before the Court of Appeals which issued the written order. The written order of the
authorizing division of the Court of Appeals shall specify the following: (a) the identity,
such as name and address, if known, of the charged or suspected person whose
communications, messages, conversations, discussions, or spoken or written words
are to be tracked down, tapped, listened to, intercepted, and recorded and, in the
case of radio, electronic, or telephonic (whether wireless or otherwise)
communications, messages, conversations, discussions, or spoken or written words,
the electronic transmission systems or the telephone numbers to be tracked down,
tapped, listened to, intercepted, and recorded and their locations or if the person
suspected of the crime of terrorism or conspiracy to commit terrorism is not fully
known, such person shall be subject to continuous surveillance provided there is a
reasonable ground to do so; (b) the identity (name, address, and the police or law
enforcement organization) of the police or of the law enforcement official, including
the individual identity (names, addresses, and the police or law enforcement
organization) of the members of his team, judicially authorized to track down, tap,
listen to, intercept, and record the communications, messages, conversations,
discussions, or spoken or written words; (c) the offense or offenses committed, or
being committed, or sought to be prevented; and, (d) the length of time within which
the authorization shall be used or carried out.

SECTION 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.

SECTION 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

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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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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

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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.

SECTION 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.

SECTION 18. Period of Detention Without Judicial Warrant of Arrest. The
provisions of Article 125 of the Revised Penal Code
13
to the contrary notwithstanding,
any police or law enforcement personnel, who, having been duly authorized in writing
by the Anti-Terrorism Council has taken custody of a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
shall, without incurring any criminal liability for delay in the delivery of detained
persons to the proper judicial authorities, deliver said charged or suspected person to
the proper judicial authority within a period of three days counted from the moment
the said charged or suspected person has been apprehended or arrested, detained,
and taken into custody by the said police, or law enforcement personnel: Provided,
That the arrest of those suspected of the crime of terrorism or conspiracy to commit
terrorism must result from the surveillance under Section 7 and examination of bank
deposits under Section 27 of this Act.

The police or law enforcement personnel concerned shall, before detaining the
person suspected of the crime of terrorism, present him or her before any judge at the
latter's residence or office nearest the place where the arrest took place at any time of
the day or night. It shall be the duty of the judge, among other things, to ascertain the
identity of the police or law enforcement personnel and the person or persons they
have arrested and presented before him or her, to inquire of them the reasons why
they have arrested the person and determine by questioning and personal

13
Delay in the delivery of detained persons to the proper judicial authorities
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.

SECTION 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.

SECTION 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.

SECTION 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

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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.

SECTION 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.

SECTION 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.

SECTION 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 free-will, 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.

SECTION 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.

SECTION 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.


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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.

SECTION 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.

SECTION 28. Application to Examine Bank Deposits, Accounts, and Records.
The written order of the Court of Appeals authorizing the examination of bank
deposits, placements, trust accounts, assets, and records: (1) of a person charged
with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of
any judicially declared and outlawed terrorist organization, association, or group of
persons, or (3) of any member of such organization, association, or group of persons
in a bank or financial institution, and the gathering of any relevant information about
the same from said bank or financial institution, shall only be granted by the
authorizing division of the Court of Appeals upon an ex parte application to that effect
of a police or of a law enforcement official who has been duly authorized in writing to
file such ex parte application by the Anti-Terrorism Council created in Section 53 of
this Act to file such ex parte application, and upon examination under oath or
affirmation of the applicant and the witnesses he may produce to establish the facts
that will justify the need and urgency of examining and freezing the bank deposits,
placements, trust accounts, assets, and records: (1) of the person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of a
judicially declared and outlawed terrorist organization, association or group of
persons; or (3) of any member of such organization, association, or group of persons.
SEIDAC

SECTION 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.

SECTION 30. Effective Period of Court Authorization to Examine and Obtain
Information on Bank Deposits, Accounts, and Records. The authorization
issued or granted by the authorizing division of the Court of Appeals to examine or
cause the examination of and to freeze bank deposits, placements, trust accounts,
assets, and records, or to gather information about the same, shall be effective for the
length of time specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of
the written order of the authorizing division of the Court of Appeals by the applicant
police or law enforcement official.

The authorizing division of the Court of Appeals may extend or renew the said
authorization for another period, which shall not exceed thirty (30) days renewable to
another thirty (30) days from the expiration of the original period: Provided, That the
authorizing division of the Court of Appeals is satisfied that such extension or renewal
is in the public interest: and, Provided, further, That the application for extension or
renewal, which must be filed by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant
among the members of the ream named in the original written order of the authorizing
division of the Court of Appeals shall file the application for extension or renewal:
Provided, That, without prejudice to the liability of the police or law enforcement
personnel under Section 19 hereof, the applicant police or law enforcement official
shall have thirty (30) days after the termination of the period granted by the Court of
Appeals as provided in the preceding paragraphs within which to file the appropriate
case before the Public Prosecutor's Office for any violation of this Act.

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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.

SECTION 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.

SECTION 32. Contents of Joint Affidavit. The joint affidavit shall state: (a) the
identifying marks, numbers, or symbols of the deposits, placements, trust accounts,
assets, and records examined; (b) the identity and address of the bank or financial
institution where such deposits, placements, trust accounts, assets, and records are
held and maintained; (c) the number of bank deposits, placements, trust accounts,
assets, and records discovered, examined, and frozen; (d) the outstanding balances
of each of such deposits, placements, trust accounts, assets; (e) all information, data,
excerpts, summaries, notes, memoranda, working sheets, reports, documents,
records examined and placed in the sealed envelope or sealed package deposited
with the authorizing division of the Court of Appeals; (f) the date of the original written
authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte
application to conduct the examination of the said bank deposits, placements, trust
accounts, assets and records, as well as the date of any extension or renewal of the
original written authorization granted by the authorizing division of the Court of
Appeals; and (g) that the items enumerated were all that were found in the bank or
financial institution examined at the time of the completion of the examination.

The joint affidavit shall also certify under oath that no duplicates or copies of the
information, data, excerpts, summaries, notes, memoranda, working sheets, reports,
and documents acquired from the examination of the bank deposits, placements, trust
accounts, assets and records have been made, or, if made, that all such duplicates
and copies are placed in the sealed envelope or sealed package deposited with the
authorizing division of the Court of Appeals.

It shall be unlawful for any person, police officer or custodian of the bank data and
information obtained after examination of deposits, placements, trust accounts, assets
and records to copy, to remove, delete, expunge, incinerate, shred or destroy in any
manner the items enumerated above in whole or in part under any pretext
whatsoever.

Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys
the items enumerated above shall suffer a penalty of not less than six years and one
day to twelve (12) years of imprisonment.

SECTION 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.

SECTION 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.

SECTION 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.


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SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

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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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 50. Damages for Unproven Charge of Terrorism. Upon acquittal, any
person who is accused of terrorism shall be entitled to the payment of damages in the
amount of Five hundred thousand pesos (P500,000.00) for every day that he or she
has been detained or deprived of liberty or arrested without a warrant as a result of
such an accusation. The amount of damages shall be automatically charged against
the appropriations of the police agency or the Anti-Terrorism Council that brought or
sanctioned the filing of the charges against the accused. It shall also be released
within fifteen (15) days from the date of the acquittal of the accused. The award of
damages mentioned above shall be without prejudice to the right of the acquitted
accused to file criminal or administrative charges against those responsible for
charging him with the case of terrorism.

Any officer, employee, personnel, or person who delays the release or refuses to
release the amounts awarded to the individual acquitted of the crime of terrorism as
directed in the paragraph immediately preceding shall suffer the penalty of six months
of imprisonment.

If the deductions are less than the amounts due to the detained persons, the amount
needed to complete the compensation shall be taken from the current appropriations
for intelligence, emergency, social or other funds of the Office of the President.

In the event that the amount cannot be covered by the current budget of the police or
law enforcement agency concerned, the amount shall be automatically included in the
appropriations of the said agency for the coming year.

SECTION 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

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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.

SECTION 52. Applicability of the Revised Penal Code. The provisions of Book I
of the Revised Penal Code shall be applicable to this Act.

SECTION 53. Anti-Terrorism Council. An Anti-Terrorism Council, hereinafter
referred to, for brevity, as the "Council," is hereby created. The members of the
Council are: (1) the Executive Secretary, who shall be its Chairperson; (2) the
Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of
Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior
and Local Government; (6) the Secretary of Finance; and (7) the National Security
Advisor, as its other members.

The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall
keep records of its proceedings and decisions. All records of the Council shall be
subject to such security classifications as the Council may, in its judgment and
discretion, decide to adopt to safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.

The National Intelligence Coordinating Agency shall be the Secretariat of the Council.
The Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of
Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence
Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council,
the Philippine Center on Transnational Crime, and the Philippine National Police
intelligence and investigative elements shall serve as support agencies for the
Council.

The Council shall formulate and adopt comprehensive, adequate, efficient, and
effective anti-terrorism plans, programs, and counter-measures to suppress and
eradicate terrorism in the country and to protect the people from acts of terrorism.
Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise
any judicial or quasi-judicial power or authority.

SECTION 54. Functions of the Council. In pursuit of its mandate in the previous
Section, the Council shall have the following functions with due regard for the rights of
the people as mandated by the Constitution and pertinent laws.
(1) Formulate and adopt plans, programs and counter-measures against
terrorists and acts of terrorism in the country;
(2) Coordinate all national efforts to suppress and eradicate acts of terrorism in
the country and mobilize the entire nation against terrorism prescribed in this
Act;
(3) Direct the speedy investigation and prosecution of all persons accused or
detained for the crime of terrorism or conspiracy to commit terrorism and
other offenses punishable under this Act, and monitor the progress of their
cases;
(4) Establish and maintain comprehensive data-base information system on
terrorism, terrorist activities, and counter-terrorism operations;
(5) Freeze the funds property, bank deposits, placements, trust accounts,
assets and records belonging to a person suspected of or charged with the
crime of terrorism or conspiracy to commit terrorism, pursuant to Republic
Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001,
as amended;
(6) Grant monetary rewards and other incentives to informers who give vital
information leading to the apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for the crime of terrorism or
conspiracy to commit terrorism;
(7) Establish and maintain coordination with and the cooperation and assistance
of other nations in the struggle against international terrorism; and
(8) Request the Supreme Court to designate specific divisions of the Court of
Appeals and Regional Trial Courts in Manila, Cebu City and Cagayan de Oro
City, as the case may be, to handle all cases involving the crime of terrorism
or conspiracy to commit terrorism and all matters incident to said crimes.
The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon
to handle terrorism cases filed in the Regional Trial Court in Manila; (b) from
the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to
handle cases filed in Cagayan de Oro City.

SECTION 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.

SECTION 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

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same cause or causes of action as those that were filed with the Grievance
Committee or its branches.

SECTION 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.

SECTION 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.

SECTION 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 provisions 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 semi-
annual 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.

SECTION 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.

SECTION 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.

SECTION 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 Ilocos Norte, Baguio
City and Pampanga; three newspapers of local circulation, one each in Cebu, Iloilo
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 Iloilo; 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 after the holding of any election.

Approved: March 6, 2007

8. RA 10586

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AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF
ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR
OTHER PURPOSES

Section 1. Short Title. This Act shall be known as the "Anti-Drunk and Drugged
Driving Act of 2013.

Section 2. Declaration of Policy. Pursuant to the Constitutional principle that
recognizes the protection of life and property and the promotion of the general welfare
as essential for the enjoyment of the blessing of democracy, it is hereby declared the
policy of the State to ensure road safety through the observance of the citizenry of
responsible and ethical driving standards.

Towards this end, the State shall penalize the acts of driving under the influence of
alcohol, dangerous drugs and other intoxicating substances and shall inculcate the
standards of safe driving and the benefits that may be derived from it through
institutional programs and appropriate public information strategies.

Section 3. Definition of Terms. For purposes of this Act:
a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled
spirits, the consumption of which produces intoxication.
b) Breath analyzer refers to the equipment which can determine the blood
alcohol concentration level of a person through testing of his breath.
c) Chemical tests refer to breath, saliva, urine or blood tests to determine the
blood alcohol concentration level and/or positive indication of dangerous
drugs and similar substances in a persons body.
d) Dangerous drugs and other similar substances refer to drugs listed in the
schedules annexed to the 1961 Single Convention on Narcotics Drugs, as
amended by the 1972 Protocol, and in the schedules annexed to the 1971
Single Convention of Psychotropic Substances as enumerated in its
attachment which is an integral part of Republic Act No. 9165, otherwise
known as the "Comprehensive Dangerous Drugs Act of 2002 and those that
the Board may reclassify, add to or remove from the list of dangerous drugs.
e) Driving under the influence of alcohol refers to the act of operating a motor
vehicle while the drivers blood alcohol concentration level has, after being
subjected to a breath analyzer test, reached the level of intoxication, as
established jointly by the Department of Health (DOH), the National Police
Commission (NAPOLCOM) and the Department of Transportation and
Communications (DOTC).
f) Driving under the influence of dangerous drugs and other similar
substances refers to the act of operating a motor vehicle while the driver,
after being subjected to a confirmatory test as mandated under Republic Act
No. 9165, is found to be positive for use of any dangerous drug.
g) Field sobriety tests refer to standardized tests to initially assess and
determine intoxication, such as the horizontal gaze nystagmus, the walk-
and-turn, the one-leg stand, and other similar tests as determined jointly by
the DOH, the NAPOLCOM and the DOTC.
h) Motor vehicle refers to any land transportation vehicle propelled by any
power other than muscular power.
i) Motor vehicles designed to carry hazardous materials refer to those
designed to carry or transport materials which may endanger health and
lives of the public.
j) Public utility vehicles refer to motor vehicles for hire and used to carry or
transport passengers or goods.

Section 4. Drivers Education. Every applicant for a motor vehicle drivers license
shall complete a course of instruction that provides information on safe driving
including, but not limited to, the effects of the consumption of alcoholic beverages on
the ability of a person to operate a motor vehicle, the hazards of driving under the
influence of alcohol, dangerous drugs and/or other similar substances, and the
penalties attached for violation thereof.

For professional drivers, every applicant for a drivers license or those applying for
renewal thereof shall undergo the drivers education herein stated.

The drivers license written examination shall include questions concerning the effects
of alcohol and drug intoxication on the ability of a person to operate a motor vehicle
and the legal and pecuniary consequences resulting from violation of the provisions of
this Act.

Section 5. Punishable Act. It shall be unlawful for any person to drive a motor
vehicle while under the influence of alcohol, dangerous drugs and/or other similar
substances.

Section 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. A law
enforcement officer who has probable cause to believe that a person is driving under
the influence of alcohol, dangerous drugs and/or other similar substances by apparent
indications and manifestations, including overspeeding, weaving, lane straddling,
sudden stops, swerving, poor coordination or the evident smell of alcohol in a
persons breath or signs of use of dangerous drugs and other similar substances,
shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer
to implement the mandatory determination of the drivers blood alcohol concentration
level through the use of a breath analyzer or similar measuring instrument.
If the law enforcement officer has probable cause to believe that a person is driving
under the influence of dangerous drugs and/or other similar substances, it shall be the
duty of the law enforcement officer to bring the driver to the nearest police station to
be subjected to a drug screening test and, if necessary, a drug confirmatory test as
mandated under Republic Act No. 9165.

Law enforcement officers and deputized local traffic enforcement officers shall be
responsible in implementing this section.

Section 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor
Vehicular Accidents. A driver of a motor vehicle involved in a vehicular accident
resulting in the loss of human life or physical injuries shall be subjected to chemical
tests, including a drug screening test and, if necessary, a drug confirmatory test as
mandated under Republic Act No. 9165, to determine the presence and/or

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concentration of alcohol, dangerous drugs and/or similar substances in the
bloodstream or body.

Section 8. Refusal to Subject Oneself to Mandatory Tests. A driver of a motor
vehicle who refuses to undergo the mandatory field sobriety and drug tests under
Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic
revocation of his or her drivers license, in addition to other penalties provided herein
and/or other pertinent laws.

Section 9. Acquisition of Equipment. Within four (4) months from the effectivity of
this Act, the Land Transportation Office (LTO) and the Philippine National Police
(PNP) shall acquire sufficient breath analyzers and drug-testing kits to be utilized by
law enforcement officers and deputized local traffic enforcement officers nationwide
giving priority to areas with high reported occurrences of accidents. For purposes of
acquiring these equipment and for the training seminars indicated in Section 10
hereof, the LTO shall utilize the Special Road Safety Fund allotted for this purpose as
provided under Section 7 of Republic Act No. 8794, entitled: "An Act Imposing a
Motor Vehicle Users Charge on Owners of All Types of Motor Vehicles and for Other
Purposes". Additional yearly appropriations for the purchase of breath analyzers and
drug-testing kits shall be provided annually under the General Appropriations Act.

Section 10. Deputation. The LTO may deputize traffic enforcement officers of the
PNP, the Metropolitan Manila Development Authority (MMDA) and cities and
municipalities in order to enforce the provisions of this Act.

Section 11. Law Enforcement Officer Education. The LTO and the PNP shall
conduct training seminars for their law enforcers and deputies with regard to the
proper conduct of field sobriety tests and breath analyzer tests every year. Within four
(4) months from the effectivity of this Act, the LTO shall publish the guidelines and
procedures for the proper conduct of field sobriety tests, which guidelines shall be
made available to the public and made available for download through the official LTO
website.

Section 12. Penalties. A driver found to have been driving a motor vehicle while
under the influence of alcohol, dangerous drugs and/or other similar substances, as
provided for under Section 5 of this Act, shall be penalized as follows:
a) If the violation of Section 5 did not result in physical injuries or homicide, the
penalty of three (3) months imprisonment, and a fine ranging from Twenty
thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00)
shall be imposed
b) If the violation of Section 5 resulted in physical injuries, the penalty provided
in Article 263 of the Revised Penal Code or the penalty provided in the next
preceding subparagraph, whichever is higher, and a fine ranging from One
hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos
(Php200,000.00) shall be imposed;
c) If the violation of Section 5 resulted in homicide, the penalty provided in
Article 249 of the Revised Penal Code and a fine ranging from Three
hundred thousand pesos (Php300,000.00) to Five hundred thousand pesos
(Php500,000.00) shall be imposed; and
d) The nonprofessional drivers license of any person found to have violated
Section 5 of this Act shall also be confiscated and suspended for a period of
twelve (12) months for the first conviction and perpetually revoked for the
second conviction. The professional drivers license of any person found to
have violated Section 5 of this Act shall also be confiscated and perpetually
revoked for the first conviction. The perpetual revocation of a drivers license
shall disqualify the person from being granted any kind of drivers license
thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal
prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and other
special laws and existing local ordinances, whenever applicable.

Section 13. Direct Liability of Operator and/or Owner of the Offending Vehicle. The
owner and/or operator of the vehicle driven by the offender shall be directly and
principally held liable together with the offender for the fine and the award against the
offender for civil damages unless he or she is able to convincingly prove that he or
she has exercised extraordinary diligence in the selection and supervision of his or
her drivers in general and the offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility
vehicles and commercial vehicles such as delivery vans, cargo trucks, container
trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs,
and the like.

Section 14. Nationwide Information Campaign. Within one (1) month from the
promulgation of the implementing rules and regulations as provided under Section 17
hereof, the Philippine Information Agency (PIA), in coordination with the LTO, the
local government units (LGUs) and other concerned agencies, shall conduct
information, education and communication (IEC) campaign for the attainment of the
objectives of this Act.

Section 15. Nationwide Random Terminal Inspection and Quick Random Drug
Tests. The LTO shall conduct random terminal inspections and quick random drug
tests of public utility drivers. The cost of such tests shall be defrayed by the LTO.

Section 16. Review of Penalties. The LTO shall, after five (5) years from the
effectivity of this Act and every five (5) years thereafter, review the applicability and
enforcement of all foregoing pecuniary penalties and shall initiate amendment and/or
upgrade the same as may be necessary, subject to the approval of the Secretary of
the DOTC.

Section 17. Implementing Rules and Regulations. The DOTC, the DOH and the
NAPOLCOM shall, within three (3) months from the effectivity of this Act, jointly
promulgate the necessary implementing rules and regulations to carry out the
provisions of this Act.

Section 18. Separability Clause. If, for any reason, any part or provision of this Act
is declared invalid, such declaration shall not affect the other provisions of this Act.


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Section 19. Repealing Clause. Subparagraph (f), Section 56, Article 1 of Republic
Act No. 4136, otherwise known as the "Land Transportation and Traffic Code", as
amended; subparagraph (f), Section 5 of Republic Act No. 7924, otherwise known as
"An Act Creating the Metropolitan Manila Development Authority, Defining its Powers
and Functions, Providing Funds Therefor and for Other Purposes;" subparagraph (a),
Section 36 of Republic Act No. 9165; and all other laws, orders, issuances, circulars,
rules and regulations or parts thereof which are inconsistent with any provision of this
Act are hereby repealed or modified accordingly.

Section 20. Effectivity. This Act shall take effect after fifteen (15) days from its
publication in the Official Gazetteor in two (2) national newspapers of general
circulation.

Approved: MAY 27 2013


9. RA 9165

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

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

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

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

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

ARTICLE I
Definition of Terms

SECTION 3. Definitions. As used in this Act, the following terms shall mean:
a) Administer. Any act of introducing any dangerous drug into the body of
any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner for purposes of
medication.
b) Board. Refers to the Dangerous Drugs Board under Section 77, Article IX
of this Act.
c) Centers. Any of the treatment and rehabilitation centers for drug
dependents referred to in Section 75, Article VIII of this Act.
d) Chemical Diversion. The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail
fraud.
e) Clandestine Laboratory. Any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and essential chemical.
f) Confirmatory Test. An analytical test using a device, tool or equipment
with a different chemical or physical principle that is more specific which will
validate and confirm the result of the screening test.
g) Controlled Delivery. The investigative technique of allowing an unlawful or
suspect consignment of any dangerous drug and/or controlled precursor and
essential chemical, equipment or paraphernalia, or property believed to be
derived directly or indirectly from any offense, to pass into, through or out of
the country under the supervision of an authorized officer, with a view to
gathering evidence to identify any person involved in any dangerous drugs
related offense, or to facilitate prosecution of that offense.
h) Controlled Precursors and Essential Chemicals. Include those listed in
Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as enumerated in the attached annex,
which is an integral part of this Act.
i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or
permitting the planting, growing or raising of any plant which is the source of
a dangerous drug.
j) Dangerous Drugs. Include those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.
k) Deliver. Any act of knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or without consideration.
l) Den, Dive or Resort. A place where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
m) Dispense. Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription. EADCHS

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n) Drug Dependence. As based on the World Health Organization definition,
it is a cluster of physiological, behavioral and cognitive phenomena of
variable intensity, in which the use of psychoactive drug takes on a high
priority thereby involving, among others, a strong desire or a sense of
compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination, or levels of use.
o) Drug Syndicate. Any organized group of two (2) or more persons forming
or joining together with the intention of committing any offense prescribed
under this Act.
p) Employee of Den, Dive or Resort. The caretaker, helper, watchman,
lookout, and other persons working in the den, dive or resort, employed by
the maintainer, owner and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection with
the operation thereof.
q) Financier. Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.
r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation, distribution,
importation, exportation and possession of any dangerous drug and/or
controlled precursor and essential chemical.
s) Instrument. Any thing that is used in or intended to be used in any manner
in the commission of illegal drug trafficking or related offenses.
t) Laboratory Equipment. The paraphernalia, apparatus, materials or
appliances when used, intended for use or designed for use in the
manufacture of any dangerous drug and/or controlled precursor and
essential chemical, such as reaction vessel, preparative/purifying equipment,
fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute.
u) Manufacture. The production, preparation, compounding or processing of
any dangerous drug and/or controlled precursor and essential chemical,
either directly or indirectly or by extraction from substances of natural origin,
or independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis, and shall include any packaging or
repackaging of such substances, design or configuration of its form, or
labeling or relabeling of its container; except that such terms do not include
the preparation, compounding, packaging or labeling of a drug or other
substances by a duly authorized practitioner as an incident to his/her
administration or dispensation of such drug or substance in the course of
his/her professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not intended for
sale or for any other purpose.
v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any
other name. Embraces every kind, class, genus, or specie of the plant
Cannabis sativa L. including, but not limited to, Cannabis americana,
hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class
and character of marijuana, whether dried or fresh and flowering, flowering
or fruiting tops, or any part or portion of the plant and seeds thereof, and all
its geographic varieties, whether as a reefer, resin, extract, tincture or in any
form whatsoever.
w) Methylenedioxymethamphetamine (MDMA) or commonly known as
"Ecstasy", or by its any other name. Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any form.
x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice",
"Meth", or by its any other name. Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.
y) Opium. Refers to the coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not.
z) Opium Poppy. Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws,
branches, leaves or any part thereof, or substances derived therefrom, even
for floral, decorative and culinary purposes.
aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section
82, Article IX of this Act.
bb) Person. Any entity, natural or juridical, including among others, a
corporation, partnership, trust or estate, joint stock company, association,
syndicate, joint venture or other unincorporated organization or group
capable of acquiring rights or entering into obligations.
cc) Planting of Evidence. The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly,
through any overt or covert act, whatever quantity of any dangerous drug
and/or controlled precursor and essential chemical in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the commission of any violation of
this Act.
dd) Practitioner. Any person who is a licensed physician, dentist, chemist,
medical technologist, nurse, midwife, veterinarian or pharmacist in the
Philippines.
ee) Protector/Coddler. Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her influence, power or
position in shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or suspects,
has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
ff) Pusher. Any person who sells, trades, administers, dispenses, delivers or
gives away to another, on any terms whatsoever, or distributes, dispatches
in transit or transports dangerous drugs or who acts as a broker in any of
such transactions, in violation of this Act.
gg) School. Any educational institution, private or public, undertaking
educational operation for pupils/students pursuing certain studies at defined
levels, receiving instructions from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site.
hh) Screening Test. A rapid test performed to establish potential/presumptive
positive result.

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ii) Sell. Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other
consideration.
jj) Trading. Transactions involving the illegal trafficking of dangerous drugs
and/or controlled precursors and essential chemicals using electronic
devices such as, but not limited to, text messages, e-mail, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms or
acting as a broker in any of such transactions whether for money or any
other consideration in violation of this Act.
kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming,
either by chewing, smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system of the body, any of the
dangerous drugs.

ARTICLE II
Unlawful Acts and Penalties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Should any dangerous drug be the proximate cause of the death of a person using
the same in such den, dive or resort, the penalty of death and a fine ranging from One
million (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed on
the maintainer, owner and/or operator.

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

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

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

SECTION 7. Employees and Visitors of a Den, Dive or Resort. The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon:
a) Any employee of a den, dive or resort, who is aware of the nature of the
place as such; and
b) Any person who, not being included in the provisions of the next preceding
paragraph, is aware of the nature of the place as such and shall knowingly
visit the same.

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

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

The presence of any controlled precursor and essential chemical or laboratory
equipment in the clandestine laboratory is a prima facie proof of manufacture of any
dangerous drug. It shall be considered an aggravating circumstance if the clandestine
laboratory is undertaken or established under the following circumstances:
a) Any phase of the manufacturing process was conducted in the presence or
with the help of minor/s;
b) Any phase or manufacturing process was established or undertaken within
one hundred (100) meters of a residential, business, church or school
premises;
c) Any clandestine laboratory was secured or protected with booby traps;
d) Any clandestine laboratory was concealed with legitimate business
operations; or
e) Any employment of a practitioner, chemical engineer, public official or
foreigner.

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

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

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

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

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

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

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SECTION 11. Possession of Dangerous Drugs. The penalty of life imprisonment
to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following quantities,
regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDMA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly
designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic
requirements, as determined and promulgated by the Board in accordance
to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity
of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but
less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and
a fine ranging from Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs
are five (5) grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs
such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three hundred (300) grams or more but
less than five hundred (500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and
a fine ranging from Three hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs
are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited
to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed
or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300) grams of marijuana.

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

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

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

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

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

SECTION 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or
are Sources Thereof. The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or
culture marijuana, opium poppy or any other plant regardless of quantity, which is or

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may hereafter be classified as a dangerous drug or as a source from which any
dangerous drug may be manufactured or derived: Provided, That in the case of
medical laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous drugs for
medical experiments and research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary implementing guidelines for the
proper cultivation, culture, handling, experimentation and disposal of such plants and
materials.

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

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

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

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

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

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

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

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

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

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

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

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

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(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative
or counsel, a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign the
copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA Forensic Laboratory
for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be
done under oath by the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject item/s: Provided, That
when the volume of the dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination
report shall be provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed forensic
laboratory examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil
society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such
item/s which shall be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provider, further, That a representative
sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction
or burning of the subject item/s which, together with the representative
sample/s in the custody of the PDEA, shall be submitted to the court having
jurisdiction over the case. In all instances, the representative sample/s shall
be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to
personally observe all of the above proceedings and his/her presence shall
not constitute an admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in writing to the
accused or his/her counsel within seventy-two (72) hours before the actual
burning or destruction of the evidence in question, the Secretary of Justice
shall appoint a member of the public attorney's office to represent the
former;
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial
prosecutor shall inform the Board of the final termination of the case and, in
turn, shall request the court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and destruction within twenty-
four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of
this Act, dangerous drugs defined herein which are presently in possession
of law enforcement agencies shall, with leave of court, be burned or
destroyed, in the presence of representatives of the Court, DOJ, Department
of Health (DOH) and the accused and/or his/her counsel, and, b) Pending
the organization of the PDEA, the custody, disposition, and burning or
destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.

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

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

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

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

SECTION 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the
following unlawful acts shall be penalized by the same penalty prescribed for the
commission of the same as provided under this Act:
a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
b) Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and
essential chemical;
c) Maintenance of a den, dive or resort where any dangerous drug is used in
any form;
d) Manufacture of any dangerous drug and/or controlled precursor and
essential chemical; and

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

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

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

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

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

SECTION 30. Criminal Liability of Officers of Partnerships, Corporations,
Associations or Other Juridical Entities. In case any violation of this Act is
committed by a partnership, corporation, association or any juridical entity, the
partner, president, director, manager, trustee, estate administrator, or officer who
consents to or knowingly tolerates such violation shall be held criminally liable as a
co-principal.

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

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

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

SECTION 33. Immunity from Prosecution and Punishment. Notwithstanding
the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure
and the provisions of Republic Act No. 6981 or the Witness Protection, Security and
Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act, who voluntarily gives information about any violation of Sections
4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of the members thereof; and who
willingly testifies against such persons as described above, shall be exempted from
prosecution or punishment for the offense with reference to which his/her information
of testimony were given, and may plead or prove the giving of such information and
testimony in bar of such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the
persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) The informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said
informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State
as further consideration for the grant of immunity from prosecution and
punishment.

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

SECTION 34. Termination of the Grant of Immunity. The immunity granted to
the informant or witness, as prescribed in Section 33 of this Act, shall not attach
should it turn out subsequently that the information and/or testimony is false,
malicious or made only for the purpose of harassing, molesting or in any way
prejudicing the persons described in the preceding Section against whom such
information or testimony is directed against. In such case, the informant or witness
shall be subject to prosecution and the enjoyment of all rights and benefits previously

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accorded him under this Act or any other law, decree or order shall be deemed
terminated.

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

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

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

ARTICLE III
Dangerous Drugs Test and Record Requirements

SECTION 36. Authorized Drug Testing. Authorized drug testing shall be done by
any government forensic laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the quality of test results. The
DOH shall take steps in setting the price of the drug test with DOH accredited drug
testing centers to further reduce the cost of such drug test. The drug testing shall
employ, among others, two (2) testing methods, the screening test which will
determine the positive result as well as the type of the drug used and the confirmatory
test which will confirm a positive screening test. Drug test certificates issued by
accredited drug testing centers shall be valid for a one-year period from the date of
issue which may be used for other purposes. The following shall be subjected to
undergo drug testing:
a) Applicants for driver's license. No driver's license shall be issued or
renewed to any person unless he/she presents a certification that he/she has
undergone a mandatory drug test and indicating thereon that he/she is free
from the use of dangerous drugs;
b) Applicants for firearm's license and for permit to carry firearms outside of
residence. All applicants for firearm's license and permit to carry firearms
outside of residence shall undergo a mandatory drug test to ensure that they
are free from the use of dangerous drugs: Provided, That all persons who by
the nature of their profession carry firearms shall undergo drug testing;
c) Students of secondary and tertiary schools. Students of secondary and
tertiary schools shall, pursuant to the related rules and regulations as
contained in the school's student handbook and with notice to the parents,
undergo a random drug testing: Provided, That all drug testing expenses
whether in public or private schools under this Section will be borne by the
government;
d) Officers and employees of public and private offices. Officers and
employees of public and private offices, whether domestic or overseas, shall
be subjected to undergo a random drug test as contained in the company's
work rules and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or employee
found positive for use of dangerous drugs shall be dealt with administratively
which shall be a ground for suspension or termination, subject to the
provisions of Article 282 of the Labor Code and pertinent provisions of the
Civil Service Law;
e) Officers and members of the military, police and other law enforcement
agencies. Officers and members of the military, police and other law
enforcement agencies shall undergo an annual mandatory drug test;
f) All persons charged before the prosecutor's office with a criminal offense
having an imposable penalty of imprisonment of not less than six (6) years
and one (1) day shall have to undergo a mandatory drug test; and
g) All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.

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

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

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

SECTION 38. Laboratory Examination or Test on Apprehended/Arrested
Offenders. Subject to Section 15 of this Act, any person apprehended or arrested
for violating the provisions of this Act shall be subjected to screening laboratory
examination or test within twenty-four (24) hours, if the apprehending or arresting
officer has reasonable ground to believe that the person apprehended or arrested, on
account of physical signs or symptoms or other visible or outward manifestation, is
under the influence of dangerous drugs. If found to be positive, the results of the
screening laboratory examination or test shall be challenged within fifteen (15) days
after receipt of the result through a confirmatory test conducted in any accredited
analytical laboratory equipment with a gas chromatograph/mass spectrometry
equipment or some such modern and accepted method, if confirmed the same shall
be prima facie evidence that such person has used dangerous drugs, which is without
prejudice for the prosecution for other violations of the provisions of this Act:
Provided, That a positive screening laboratory test must be confirmed for it to be valid
in a court of law.


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

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

SECTION 40. Records Required for Transactions on Dangerous Drugs and
Precursors and Essential Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors
and essential chemicals shall maintain and keep an original record of sales,
purchases, acquisitions and deliveries of dangerous drugs, indicating therein
the following information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or wholesaler
from whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician, dentist,
veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
(8) Date of sale or delivery.

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

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

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

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

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

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

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

SECTION 43. School Curricula. Instruction on drug abuse prevention and control
shall be integrated in the elementary, secondary and tertiary curricula of all public and
private schools, whether general, technical, vocational or agro-industrial as well as in
non-formal, informal and indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person,
the family, the school and the community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic dimensions and
implications of the drug problem;
(4) Steps to take when intervention on behalf of a drug dependent is needed, as
well as the services available for the treatment and rehabilitation of drug
dependents; and

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

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

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

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

SECTION 45. Publication and Distribution of Materials on Dangerous Drugs.
With the assistance of the Board, the Secretary of the Department of Education
(DepEd), the Chairman of the Commission on Higher Education (CHED) and the
Director-General of the Technical Education and Skills Development Authority
(TESDA) shall cause the development, publication and distribution of information and
support educational materials on dangerous drugs to the students, the faculty, the
parents, and the community.

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

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

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

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

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

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

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

ARTICLE VII
Participation of Local Government Units

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

SECTION 52. Abatement of Drug Related Public Nuisances. Any place or
premises which have been used on two or more occasions as the site of the unlawful
sale or delivery of dangerous drugs may be declared to be a public nuisance, and
such nuisance may be abated, pursuant to the following procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to
hear complaints regarding the nuisances;
(2) Any employee, officer, or resident of the city or municipality may bring a
complaint before the Board after giving not less than three (3) days written
notice of such complaint to the owner of the place or premises at his/her last
known address; and
(3) After hearing in which the Board may consider any evidence, including
evidence of the general reputation of the place or premises, and at which the
owner of the premises shall have an opportunity to present evidence in

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his/her defense, the Board may declare the place or premises to be a public
nuisance.

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

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

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

ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents

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

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

SECTION 55. Exemption from the Criminal Liability Under the Voluntary
Submission Program. A drug dependent under the voluntary submission
program, who is finally discharged from confinement, shall be exempt from the
criminal liability under Section 15 of this Act subject to the following conditions:
(1) He/she has complied with the rules and regulations of the Center, the
applicable rules and regulations of the Board, including the after-care and
follow-up program for at least eighteen (18) months following temporary
discharge from confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the after-care
program and follow-up schedule formulated by the DSWD and approved by
the Board: Provided, That capability-building of local government social
workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable
under this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425,
as amended; the Revised Penal Code, as amended; or any special penal
laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she
escaped, he/she surrendered by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or
affinity, within one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the
community by his/her exemption from criminal liability.

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

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

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

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

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

SECTION 58. Filing of Charges Against a Drug Dependent Who is Not
Rehabilitated Under the Voluntary Submission Program. A drug dependent,
who is not rehabilitated after the second commitment to the Center under the
voluntary submission program, shall, upon recommendation of the Board, be charged
for violation of Section 15 of this Act and prosecuted like any other offender. If

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convicted, he/she shall be credited for the period of confinement and rehabilitation in
the Center in the service of his/her sentence.

SECTION 59. Escape and Recommitment for Confinement and Rehabilitation
Under the Voluntary Submission Program. Should a drug dependent under the
voluntary submission program escape from the Center, he/she may submit
himself/herself for recommitment within one (1) week therefrom, or his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity may,
within said period, surrender him for recommitment, in which case the corresponding
order shall be issued by the Board.

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

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

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

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

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

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

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

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

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

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

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

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

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

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after-care and follow-up period that he/she requires further treatment and
rehabilitation, it shall report to the court, which shall order his/her recommitment to the
Center.

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

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

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

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

SECTION 66. Suspension of Sentence of a First-Time Minor Offender. An
accused who is over fifteen (15) years of age at the time of the commission of the
offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of
age at the time when judgment should have been promulgated after having been
found guilty of said offense, may be given the benefits of a suspended sentence,
subject to the following conditions:
a) He/she has not been previously convicted of violating any provision of this
Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised
Penal Code; or of any special penal laws;
b) He/she has not been previously committed to a Center or to the care of a
DOH-accredited physician; and
c) The Board favorably recommends that his/her sentence be suspended.

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

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

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

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

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

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

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

SECTION 70. Probation or Community Service for a First-Time Minor Offender
in Lieu of Imprisonment. Upon promulgation of the sentence, the court may, in its
discretion, place the accused under probation, even if the sentence provided under
this Act is higher than that provided under existing law on probation, or impose
community service in lieu of imprisonment. In case of probation, the supervision and
rehabilitative surveillance shall be undertaken by the Board through the DOH in

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coordination with the Board of Pardons and Parole and the Probation Administration.
Upon compliance with the conditions of the probation, the Board shall submit a written
report to the court recommending termination of probation and a final discharge of the
probationer, whereupon the court shall issue such an order.

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

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

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

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

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

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

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

SECTION 75. Treatment and Rehabilitation Centers. The existing treatment and
rehabilitation centers for drug dependents operated and maintained by the NBI and
the PNP shall be operated, maintained and managed by the DOH in coordination with
other concerned agencies. For the purpose of enlarging the network of centers, the
Board through the DOH shall encourage, promote or whenever feasible, assist or
support in the establishment, operations and maintenance of private centers which
shall be eligible to receive grants, donations or subsidy from either government or
private sources. It shall also support the establishment of government-operated
regional treatment and rehabilitation centers depending upon the availability of funds.
The national government, through its appropriate agencies shall give priority funding
for the increase of subsidy to existing government drug rehabilitation centers, and
shall establish at least one (1) drug rehabilitation center in each province, depending
on the availability of funds.

SECTION 76. The Duties and Responsibilities of the Department of Health
(DOH) Under this Act. The DOH shall:
(1) Oversee and monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and
activities as well as the establishment, operations, maintenance and
management of privately-owned drug treatment rehabilitation centers and
drug testing networks and laboratories throughout the country in coordination
with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test network and laboratory,
initiate, conduct and support scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and
regulations setting minimum standards for their accreditation to assure their
competence, integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the establishment
of such Centers as it may deem necessary after conducting a feasibility
study thereof,
(5) The DOH shall, without prejudice to the criminal prosecution of those found
guilty of violating this Act, order the closure of a Center for treatment and
rehabilitation of drug dependency when, after investigation it is found guilty
of violating the provisions of this Act or regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency examinations, other medical
and legal services provided to the public, which shall accrue to the Board. All
income derived from these sources shall be part of the funds constituted as
special funds for the implementation of this Act under Section 87.

ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency


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

SECTION 78. Composition of the Board. The Board shall be composed of
seventeen (17) members wherein three (3) of which are permanent members, the
other twelve (12) members shall be in an ex officio capacity and the two (2) shall be
regular members.

The three (3) permanent members, who shall possess at least seven-year training
and experience in the field of dangerous drugs and in any of the following fields: in
law, medicine, criminology, psychology or social work, shall be appointed by the
President of the Philippines. The President shall designate a Chairman, who shall
have the rank of a secretary from among the three (3) permanent members who shall
serve for six (6) years. Of the two (2) other members, who shall both have the rank of
undersecretary, one (1) shall serve for four (4) years and the other for two (2) years.
Thereafter, the persons appointed to succeed such members shall hold office for a
term of six (6) years and until their successors shall have been duly appointed and
qualified.

The other twelve (12) members who shall be ex officio members of the Board are the
following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her
representative;
(6) Secretary of the Department of the Interior and Local Government or his/her
representative;
(7) Secretary of the Department of Social Welfare and Development or his/her
representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;
(9) Secretary of the Department of Education or his/her representative;
(10) Chairman of the Commission on Higher Education or his/her representative;
(11) Chairman of the National Youth Commission; and
(12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly
authorized and permanent representatives whose ranks shall in no case be lower
than undersecretary.

The two (2) regular members shall be as follows:
a) The president of the Integrated Bar of the Philippines; and
b) The chairman or president of a non-government organization involved in
dangerous drug campaign to be appointed by the President of the
Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent consultants
of the Board, and shall attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per
diem for every meeting actually attended subject to the pertinent budgetary laws,
rules and regulations on compensation, honoraria and allowances: Provided, That
where the representative of an ex officio member or of the permanent consultant of
the Board attends a meeting in behalf of the latter, such representative shall be
entitled to receive the per diem.

SECTION 79. Meetings of the Board. The Board shall meet once a week or as
often as necessary at the discretion of the Chairman or at the call of any four (4) other
members. The presence of nine (9) members shall constitute a quorum.

SECTION 80. Secretariat of the Board. The Board shall recommend to the
President of the Philippines the appointment of an Executive Director, with the rank of
an undersecretary, who shall be the Secretary of the Board and administrative officer
of its secretariat, and shall perform such other duties that may be assigned to him/her.
He/she must possess adequate knowledge, training and experience in the field of
dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of
assistant secretary, shall be appointed by the President upon recommendation of the
Board. They shall possess the same qualifications as those of the executive director.
They shall receive a salary corresponding to their position as prescribed by the Salary
Standardization Law as a Career Service Officer.

The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following divisions,
namely: Policy Studies, Research and Statistics; Preventive Education, Training and
Information; Legal Affairs; and the Administrative and Financial Management.

SECTION 81. Powers and Duties of the Board. The Board shall:
a) Formulate, develop and establish a comprehensive, integrated, unified and
balanced national drug use prevention and control strategy;
b) Promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act, including the manner of safekeeping, disposition,
burning or condemnation of any dangerous drug and/or controlled precursor
and essential chemical under its charge and custody, and prescribe
administrative remedies or sanctions for the violations of such rules and
regulations;
c) Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;
d) Initiate, conduct and support scientific, clinical, social, psychological,
physical and biological researches on dangerous drugs and dangerous
drugs prevention and control measures;
e) Develop an educational program and information drive on the hazards and
prevention of illegal use of any dangerous drug and/or controlled precursor
and essential chemical based on factual data, and disseminate the same to

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the general public, for which purpose the Board shall endeavor to make the
general public aware of the hazards of any dangerous drug and/or controlled
precursor and essential chemical by providing among others, literature, films,
displays or advertisements and by coordinating with all institutions of
learning as well as with all national and local enforcement agencies in
planning and conducting its educational campaign programs to be
implemented by the appropriate government agencies.
f) Conduct continuing seminars for, and consultations with, and provide
information materials to judges and prosecutors in coordination with the
Office of the Court Administrator, in the case of judges, and the DOJ, in the
case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign against
dangerous drugs and its scientific researches on dangerous drugs, its
prevention and control measures;
g) Design special trainings in order to provide law enforcement officers,
members of the judiciary, and prosecutors, school authorities and personnel
of centers with knowledge and know-how in dangerous drugs and/or
controlled precursors and essential chemicals control in coordination with the
Supreme Court to meet the objectives of the national drug control programs;
h) Design and develop, in consultation and coordination with the DOH, DSWD
and other agencies involved in drugs control, treatment and rehabilitation,
both public and private, a national treatment and rehabilitation program for
drug dependents including a standard aftercare and community service
program for recovering drug dependents;
i) Design and develop, jointly with the DOLE and in consultation with labor and
employer groups as well as nongovernment organizations a drug abuse
prevention program in the workplace that would include a provision for
employee assistance programs for emotionally-stressed employees;
j) Initiate and authorize closure proceedings against non-accredited and/or
substandard rehabilitation centers based on verified reports of human rights
violations, subhuman conditions, inadequate medical training and assistance
and excessive fees for implementation by the PDEA;
k) Prescribe and promulgate rules and regulations governing the establishment
of such centers, networks and laboratories as deemed necessary after
conducting a feasibility study in coordination with the DOH and other
government agencies;
l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the
estimated need for any dangerous drug and/or controlled precursor and
essential chemical, for which purpose the Board may require from any
official, instrumentality or agency of the government or any private person or
enterprise dealing in, or engaged in activities having to do with any
dangerous drug and/or controlled precursors and essential chemicals such
data or information as it may need to implement this Act;
m) Gather and prepare detailed statistics on the importation, exportation,
manufacture, stocks, seizures of and estimated need for any dangerous drug
and/or controlled precursors and essential chemicals and such other
statistical data on said drugs as may be periodically required by the United
Nations Narcotics Drug Commission, the World Health Organization and
other international organizations in consonance with the country's
international commitments;
n) Develop and maintain international networking coordination with international
drug control agencies and organizations, and implement the provisions of
international conventions and agreements thereon which have been adopted
and approved by the Congress of the Philippines;
o) Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the PDEA,
about all dangerous drugs and/or controlled precursors and essential
chemicals-related cases to which they have attended for statistics and
research purposes;
p) Receive in trust legacies, gifts and donations of real and personal properties
of all kinds, to administer and dispose the same when necessary for the
benefit of government and private rehabilitation centers subject to limitations,
directions and instructions from the donors, if any;
q) Issue guidelines as to the approval or disapproval of applications for
voluntary treatment, rehabilitation or confinement, wherein it shall issue the
necessary guidelines, rules and regulations pertaining to the application and
its enforcement;
r) Formulate guidelines, in coordination with other government agencies, the
importation, distribution, production, manufacture, compounding,
prescription, dispensing and sale of, and other lawful acts in connection with
any dangerous drug, controlled precursors and essential chemicals and
other similar or analogous substances of such kind and in such quantity as it
may deem necessary according to the medical and research needs or
requirements of the country including diet pills containing ephedrine and
other addictive chemicals and determine the quantity and/or quality of
dangerous drugs and precursors and essential chemicals to be imported,
manufactured and held in stock at any given time by authorized importer,
manufacturer or distributor of such drugs;
s) Develop the utilization of a controlled delivery scheme in addressing the
transshipment of dangerous drugs into and out of the country to neutralize
transnational crime syndicates involved in illegal trafficking of any dangerous
drug and/or controlled precursors and essential chemicals;
t) Recommend the revocation of the professional license of any practitioner
who is an owner, co-owner, lessee, or in the employ of the drug
establishment, or manager of a partnership, corporation, association, or any
juridical entity owning and/or controlling such drug establishment, and who
knowingly participates in, or consents to, tolerates, or abets the commission
of the act of violations as indicated in the preceding paragraph, all without
prejudice to the criminal prosecution of the person responsible for the said
violation;
u) Appoint such technical, administrative and other personnel as may be
necessary for the effective implementation of this Act, subject to the Civil
Service Law and its rules and regulations;
v) Establish a regular and continuing consultation with concerned government
agencies and medical professional organizations to determine if balance
exists in policies, procedures, rules and regulations on dangerous drugs and
to provide recommendations on how the lawful use of dangerous drugs can
be improved and facilitated; and

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w) Submit an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives committees
concerned as may be required from time to time, and perform such other
functions as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended by the
congressional committees concerned.

SECTION 82. Creation of the Philippine Drug Enforcement Agency (PDEA).
To carry out the provisions of this Act, the PDEA, which serves as the implementing
arm of the Board, and shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drug and/or controlled precursor
and essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of Undersecretary,
who shall be responsible for the general administration and management of the
Agency. The Director General of the PDEA shall be appointed by the President of the
Philippines and shall perform such other duties that may be assigned to him/her.
He/she must possess adequate knowledge, training and experience in the field of
dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her
duties and responsibilities by two (2) deputies director general with the rank of
Assistant Secretary; one for Operations and the other one for Administration. The two
(2) deputies director general shall likewise be appointed by the President of the
Philippines upon recommendation of the Board. The two (2) deputies director general
shall possess the same qualifications as those of the Director General of the PDEA.
The Director General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.

SECTION 83. Organization of the PDEA. The present Secretariat of the National
Drug Law Enforcement and Prevention Coordinating Center as created by Executive
Order No. 61 shall be accordingly modified and absorbed by the PDEA.

The Director General of the PDEA shall be responsible for the necessary changes in
the organizational set-up which shall be submitted to the Board for approval.

For purposes of carrying out its duties and powers as provided for in the succeeding
Section of this Act, the PDEA shall have the following Services, namely: Intelligence
and Investigation; International Cooperation and Foreign Affairs; Preventive
Education and Community Involvement; Plans and Operations; Compliance; Legal
and Prosecution; Administrative and Human Resource; Financial Management;
Logistics Management; and Internal Affairs.

The PDEA shall establish and maintain regional offices in the different regions of the
country which shall be responsible for the implementation of this Act and the policies,
programs, and projects of said agency in their respective regions.

SECTION 84. Powers and Duties of the PDEA. The PDEA shall:
a) Implement or cause the efficient and effective implementation of the national
drug control strategy formulated by the Board thereby carrying out a national
drug campaign program which shall include drug law enforcement, control
and prevention campaign with the assistance of concerned government
agencies;
b) Undertake the enforcement of the provisions of Article II of this Act relative to
the unlawful acts and penalties involving any dangerous drug and/or
controlled precursor and essential chemical and investigate all violators and
other matters involved in the commission of any crime relative to the use,
abuse or trafficking of any dangerous drug and/or controlled precursor and
essential chemical as provided for in this Act and the provisions of
Presidential Decree No. 1619;
c) Administer oath, issue subpoena and subpoena duces tecum relative to the
conduct of investigation involving the violations of this Act;
d) Arrest and apprehend as well as search all violators and seize or confiscate,
the effects or proceeds of the crimes as provided by law and take custody
thereof, for this purpose the prosecutors and enforcement agents are
authorized to possess firearms, in accordance with existing laws;
e) Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to
any national, provincial or local law enforcement agency, if no longer needed
for purposes of evidence in court;
f) Establish forensic laboratories in each PNP office in every province and city
in order to facilitate action on seized or confiscated drugs, thereby hastening
its destruction without delay;
g) Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of this Act
and in accordance with the pertinent provisions of the Anti-Money-
Laundering Act of 2001;
h) Prepare for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws on dangerous drugs, controlled precursors and
essential chemicals, and other similar controlled substances, and assist,
support and coordinate with other government agencies for the proper and
effective prosecution of the same;
i) Monitor and if warranted by circumstances, in coordination with the
Philippine Postal Office and the Bureau of Customs, inspect all air cargo
packages, parcels and mails in the central post office, which appear from the
package and address itself to be a possible importation of dangerous drugs
and/or controlled precursors and essential chemicals, through on-line or
cyber shops via the internet or cyberspace;
j) Conduct eradication programs to destroy wild or illegal growth of plants from
which dangerous drugs may be extracted;
k) Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every province,
city, municipality and barangay with the active and direct participation of all
such local government units and nongovernmental organizations, including
the citizenry, subject to the provisions of previously formulated programs of
action against dangerous drugs;

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l) Establish and maintain a national drug intelligence system in cooperation
with law enforcement agencies, other government agencies/offices and local
government units that will assist in its apprehension of big-time drug lords;
m) Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and organizations,
and implement the applicable provisions of international conventions and
agreements related to dangerous drugs to which the Philippines is a
signatory;
n) Create and maintain an efficient special enforcement unit to conduct an
investigation, file charges and transmit evidence to the proper court, wherein
members of the said unit shall possess suitable and adequate firearms for
their protection in connection with the performance of their duties: Provided,
That no previous special permit for such possession shall be required;
o) Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the Board,
about all dangerous drugs and/or controlled precursors and essential
chemicals which they have attended to for data and information purposes;
p) Coordinate with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of this Act;
q) Initiate and undertake a national campaign for drug prevention and drug
control programs, where it may enlist the assistance of any department,
bureau, office, agency or instrumentality of the government, including
government-owned and/or -controlled corporations, in the anti-illegal drugs
drive, which may include the use of their respective personnel, facilities, and
resources for a more resolute detection and investigation of drug-related
crimes and prosecution of the drug traffickers; and
r) Submit an annual and periodic reports to the Board as may be required from
time to time, and perform such other functions as may be authorized or
required under existing laws and as directed by the President himself/herself
or as recommended by the congressional committees concerned.

SECTION 85. The PDEA Academy. Upon the approval of the Board, the PDEA
Academy shall be established either in Baguio or Tagaytay City, and in such other
places as may be necessary. The PDEA Academy shall be responsible in the
recruitment and training of all PDEA agents and personnel. The Board shall provide
for the qualifications and requirements of its recruits who must be at least twenty-one
(21) years old, of proven integrity and honesty and a Baccalaureate degree holder.

The graduates of the Academy shall later comprise the operating units of the PDEA
after the termination of the transition period of five (5) years during which all the
intelligence network and standard operating procedures of the PDEA has been set up
and operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director. He/she
shall be appointed by the PDEA Director General.

SECTION 86. Transfer, Absorption, and Integration of All Operating Units on
Illegal Drugs into the PDEA and Transitory Provisions. The Narcotics Group of
the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction
Unit are hereby abolished; however they shall continue with the performance of their
task as detail service with the PDEA, subject to screening, until such time that the
organizational structure of the Agency is fully operational and the number of
graduates of the PDEA Academy is sufficient to do the task themselves: Provided,
That such personnel who are affected shall have the option of either being integrated
into the PDEA or remain with their original mother agencies and shall, thereafter, be
immediately reassigned to other units therein by the head of such agencies. Such
personnel who are transferred, absorbed and integrated in the PDEA shall be
extended appointments to positions similar in rank, salary, and other emoluments and
privileges granted to their respective positions in their original mother agencies.

The transfer, absorption and integration of the different offices and units provided for
in this Section shall take effect within eighteen (18) months from the effectivity of this
Act: Provided, That personnel absorbed and on detail service shall be given until five
(5) years to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and
the PNP on all other crimes as provided for in their respective organic laws: Provided,
however, That when the investigation being conducted by the NBI, PNP or any ad hoc
anti-drug task force is found to be a violation of any of the provisions of this Act, the
PDEA shall be the lead agency. The NBI, PNP or any of the task force shall
immediately transfer the same to the PDEA: Provided, further, That the NBI, PNP and
the Bureau of Customs shall maintain close coordination with the PDEA on all drug
related matters.

ARTICLE X
Appropriations, Management of Funds and Annual Report

SECTION 87. Appropriations. The amount necessary for the operation of the
Board and the PDEA shall be charged against the current year's appropriations of the
Board, the National Drug Law Enforcement and Prevention Coordinating Center, the
Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug abuse
units of the different law enforcement agencies integrated into the PDEA in order to
carry out the provisions of this Act. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the annual General
Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in this
Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto
prizes but not less than twelve million pesos (P12,000,000.00) per year from the
Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a special
account in the general fund for the implementation of this Act: Provided, That no
amount shall be disbursed to cover the operating expenses of the Board and other
concerned agencies: Provided, further, That at least fifty percent (50%) of all the
funds shall be reserved for assistance to government-owned and/or operated
rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty
(30) days from the finality of its decisions or orders. The unclaimed and forfeited
prizes shall be turned over to the Board by the PCSO within thirty (30) days after
these are collected and declared forfeited.

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A portion of the funds generated by the Philippine Amusement and Gaming
Corporation (PAGCOR) in the amount of Five million pesos (P5,000,000.00) a month
shall be set aside for the purpose of establishing adequate drug rehabilitation centers
in the country and also for the maintenance and operations of such centers: Provided,
That the said amount shall be taken from the fifty percent (50%) share of the National
Government in the income of PAGCOR: Provided, further, That the said amount shall
automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be
disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the
Commission on Audit (COA).

The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to the
existing guidelines set by the government.

SECTION 88. Management of Funds Under this Act; Annual Report by the Board
and the PDEA. The Board shall manage the funds as it may deem proper for the
attainment of the objectives of this Act. In addition to the periodic reports as may be
required under this Act, the Chairman of the Board shall submit to the President of the
Philippines and to the presiding officers of both houses of Congress, within fifteen
(15) days from the opening of the regular session, an annual report on the dangerous
drugs situation in the country which shall include detailed account of the programs
and projects undertaken, statistics on crimes related to dangerous drugs, expenses
incurred pursuant to the provisions of this Act, recommended remedial legislation; if
needed, and such other relevant facts as it may deem proper to cite.

SECTION 89. Auditing the Accounts and Expenses of the Board and the PDEA.
All accounts and expenses of the Board and the PDEA shall be audited by the
COA or its duly authorized representative.

ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases

SECTION 90. Jurisdiction. The Supreme Court shall designate special courts
from among the existing Regional Trial Courts in each judicial region to exclusively try
and hear cases involving violations of this Act. The number of courts designated in
each judicial region shall be based on the population and the number of cases
pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving
violations of this Act.

The preliminary investigation of cases filed under this Act shall be terminated within a
period of thirty (30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a
probable cause is established, the corresponding information shall be filed in court
within twenty-four (24) hours from the termination of the investigation. If the
preliminary investigation is conducted by a judge and a probable cause is found to
exist, the corresponding information shall be filed by the proper prosecutor within
forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty
(60) days from the date of the filing of the information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of the case
for resolution.

SECTION 91. Responsibility and Liability of Law Enforcement Agencies and
Other Government Officials and Employees in Testing as Prosecution
Witnesses in Dangerous Drugs Cases. Any member of law enforcement
agencies or any other government official and employee who, after due notice, fails or
refuses intentionally or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason, shall be
punished with imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted out by
his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized with
imprisonment of not less than two (2) months and one (1) day but not more than six
(6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the
court.

The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to any
other government office located in another territorial jurisdiction during the pendency
of the case in court. However, the concerned member of the law enforcement agency
or government employee may be transferred or re-assigned for compelling reasons:
Provided, That his/her immediate superior shall notify the court where the case is
pending of the order to transfer or re-assign, within twenty-four (24) hours from its
approval: Provided, further, That his/her immediate superior shall be penalized with
imprisonment of not less than two (2) months and one (1) day but not more than six
(6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office, should he/she fail to notify the court of such order to
transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.

SECTION 92. Delay and Bungling in the Prosecution of Drug Cases. Any
government officer or employee tasked with the prosecution of drug-related cases
under this Act, who, through patent laxity, inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful prosecution and/or dismissal of the said drug
cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.

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SECTION 93. Reclassification, Addition or Removal of Any Drug from the List of
Dangerous Drugs. The Board shall have the power to reclassify, add to or remove
from the list of dangerous drugs. Proceedings to reclassify, add, or remove a drug or
other substance may be initiated by the PDEA, the DOH, or by petition from any
interested party, including the manufacturer of a drug, a medical society or
association, a pharmacy association, a public interest group concerned with drug
abuse, a national or local government agency, or an individual citizen. When a
petition is received by the Board, it shall immediately begin its own investigation of the
drug. The PDEA also may begin an investigation of a drug at any time based upon
the information received from law enforcement laboratories, national and local law
enforcement and regulatory agencies, or other sources of information.

The Board after notice and hearing shall consider the following factors with respect to
each substance proposed to be reclassified, added or removed from control:
a) Its actual or relative potential for abuse;
b) Scientific evidence of its pharmacological effect if known;
c) The state of current scientific knowledge regarding the drug or other
substance;
d) Its history and current pattern of abuse;
e) The scope, duration, and significance of abuse;
f) Risk to public health; and
g) Whether the substance is an immediate precursor of a substance already
controlled under this Act.

The Board shall also take into accord the obligations and commitments to
international treaties, conventions and agreements to which the Philippines is a
signatory.

The Dangerous Drugs Board shall give notice to the general public of the public
hearing of the reclassification, addition to or removal from the list of any drug by
publishing such notice in any newspaper of general circulation once a week for two
(2) weeks.

The effect of such reclassification, addition or removal shall be as follows:
a) In case a dangerous drug is reclassified as precursors and essential
chemicals, the penalties for the violations of this Act involving the two latter
categories of drugs shall, in case of conviction, be imposed in all pending
criminal prosecutions;
b) In case a precursor and essential chemicals is reclassified as dangerous
drug, the penalties for violations of the Act involving precursors and essential
chemicals shall, in case of conviction, be imposed in all pending criminal
prosecutions;
c) In case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the same
under this Act shall arise until after the lapse of fifteen (15) days from the last
publication of such notice;
d) In case of removal of a drug from the list of dangerous drugs and precursors
and essential chemicals, all persons convicted and/or detained for the use
and/or possession of such a drug shall be automatically released and all
pending criminal prosecution involving such a drug under this Act shall
forthwith be dismissed; and
e) The Board shall, within five (5) days from the date of its promulgation submit
to Congress a detailed reclassification, addition, or removal of any drug from
the list of dangerous drugs.

ARTICLE XII
Implementing Rules and Regulations

SECTION 94. Implementing Rules and Regulations. The present Board in
consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR
and the PCSO and all other concerned government agencies shall promulgate within
sixty (60) days the Implementing Rules and Regulations that shall be necessary to
implement the provisions of this Act.

ARTICLE XIII
Final Provisions

SECTION 95. Congressional Oversight Committee. There is hereby created a
Congressional Oversight Committee composed of seven (7) Members from the
Senate and seven (7) Members from the House of Representatives. The Members
from the Senate shall be appointed by the Senate President based on the
proportional representation of the parties or coalitions therein with at least two (2)
Senators representing the Minority. The Members from the House of Representatives
shall be appointed by the Speaker, also based on proportional representation of the
parties or coalitions therein with at least two (2) Members representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate
Committee on Public Order and Illegal Drugs and the House of Representatives
Committee on Dangerous Drugs.

SECTION 96. Powers and Functions of the Oversight Committee. The
Oversight Committee on Dangerous Drugs shall, in aid of legislation, perform the
following functions, among others:
a) To set the guidelines and overall framework to monitor and ensure the
proper implementation of this Act;
b) To ensure transparency and require the submission of reports from
government agencies concerned on the conduct of programs, projects and
policies relating to the implementation of this Act;
c) To approve the budget for the programs of the Oversight Committee on
Dangerous Drugs and all disbursements therefrom, including compensation
of all personnel;
d) To submit periodic reports to the President of the Philippines and Congress
on the implementation of the provisions of this Act;
e) To determine inherent weaknesses in the law and recommend the
necessary remedial legislation or executive measures; and
f) To perform such other duties, functions and responsibilities as may be
necessary to effectively attain the objectives of this Act.


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SECTION 97. Adoption of Committee Rules and Regulations, and Funding.
The Oversight Committee on Dangerous Drugs shall adopt its internal rules of
procedure, conduct hearings and receive testimonies, reports, and technical advice,
invite or summon by subpoena ad testificandum any public official, private citizen, or
any other person to testify before it, or require any person by subpoena duces tecum
documents or other materials as it may require consistent with the provisions of this
Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to
be composed by personnel who may be seconded from the Senate and the House of
Representatives and may retain consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous
Drugs, the initial sum of Twenty-five million pesos (P25,000,000.00) shall be charged
against the current appropriations of the Senate. Thereafter, such amount necessary
for its continued operations shall be included in the annual General Appropriations
Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10)
years from the effectively of this Act and may be extended by a joint concurrent
resolution.

SECTION 98. Limited Applicability of the Revised Penal Code. Notwithstanding
any law, rule or regulation to the contrary, the provisions of the Revised Penal Code
(Act No. 3814), as amended, shall not apply to the provisions of this Act, except in
the case of minor offenders. Where the offender is a minor, the penalty for acts
punishable by life imprisonment to death provided herein shall be reclusion perpetua
to death.

SECTION 99. Separability Clause. If for any reason any section or provision of
this Act, or any portion thereof, or the application of such section, provision or portion
thereof to any person, group or circumstance is declared invalid or unconstitutional,
the remainder of this Act shall not be affected by such declaration and shall remain in
force and effect.

SECTION 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby
repealed and all other laws, administrative orders, rules and regulations, or parts
thereof inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

SECTION 101. Amending Clause. Republic Act No. 7659 is hereby amended
accordingly.

SECTION 102. Effectivity. This Act shall take effect fifteen (15) days upon its
publication in at least two (2) national newspapers of general circulation.

Approved: June 7, 2002

10. RA 6539

AN ACT PREVENTING AND PENALIZING CARNAPPING

Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act of
1972."

Section 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing or
tampering with", "repainting", "body-building", "remodeling", "dismantling", and
"overhauling", as used in this Act, shall be understood, respectively, to mean

"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another
without the latter's consent, or by means of violence against or intimidation of
persons, or by using force upon things.

"Motor vehicle" is any vehicle propelled by any power other than muscular power
using the public highways, but excepting road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes
if not used on public highways, vehicles, which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds used exclusively for agricultural
purposes. Trailers having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as separate motor
vehicle with no power rating.

"Defacing or tampering with" a serial number is the erasing, scratching, altering or
changing of the original factory-inscribed serial number on the motor vehicle engine,
engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to
have a serial number on its motor engine, engine block or chassis which is different
from that which is listed in the records of the Bureau of Customs for motor vehicles
imported into the Philippines, that motor vehicle shall be considered to have a
defaced or tampered with serial number.

"Repainting" is changing the color of a motor vehicle by means of painting. There is
repainting whenever the new color of a motor vehicle is different from its color as
registered in the Land Transportation Commission.

"Body-building" is a job undertaken on a motor vehicle in order to replace its entire
body with a new body.

"Remodeling" is the introduction of some changes in the shape or form of the body of
the motor vehicle.

"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.

"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by
separating the motor engine and its parts from the body of the motor vehicle.

Section 3. Registration of motor vehicle engine, engine block and chassis. Within one
year after the approval of this Act, every owner or possessor of unregistered motor
vehicle or parts thereof in knock down condition shall register with the Land
Transportation Commission the motor vehicle engine, engine block and chassis in his
name or in the name of the real owner who shall be readily available to answer any

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claim over the registered motor vehicle engine, engine block or chassis. Thereafter,
all motor vehicle engines, engine blocks and chassis not registered with the Land
Transportation Commission shall be considered as untaxed importation or coming
from an illegal source or carnapped, and shall be confiscated in favor of the
Government.

All owners of motor vehicles in all cities and municipalities are required to register
their cars with the local police without paying any charges.

Section 4. Permanent registry of motor vehicle engines, engine blocks and
chassis. The Land Transportation Commission shall keep a permanent registry of
motor vehicle engines, engine blocks and chassis of all motor vehicles, specifying
therein their type, make and serial numbers and stating therein the names and
addresses of their present and previous owners. Copies of the registry and of all
entries made thereon shall be furnished the Philippine Constabulary and all Land
Transportation Commission regional, provincial and city branch offices:Provided, That
all Land Transportation Commission regional, provincial and city branch offices are
likewise obliged to furnish copies of all registration of motor vehicles to the main office
and to the Philippine Constabulary.

Section 5. Registration of sale, transfer, conveyance, substitution or replacement of a
motor vehicle engine, engine block or chassis. Every sale, transfer, conveyance,
substitution or replacement of a motor vehicle engine, engine block or chassis of a
motor vehicle shall be registered with the Land Transportation Commission. Motor
vehicles assembled and rebuilt or repaired by replacement with motor vehicle
engines, engine blocks and chassis not registered with the Land Transportation
Commission shall not be issued certificates of registration and shall be considered as
untaxed imported motor vehicles or motor vehicles carnapped or proceeding from
illegal sources.

Section 6. Original Registration of motor vehicles. Any person seeking the original
registration of a motor vehicle, whether that motor vehicle is newly assembled or
rebuilt or acquired from a registered owner, shall within one week after the completion
of the assembly or rebuilding job or the acquisition thereof from the registered owner,
apply to the Philippine Constabulary for clearance of the motor vehicle for registration
with the Land Transportation Commission. The Philippine Constabulary shall, upon
receipt of the application, verify if the motor vehicle or its numbered parts are in the
list of carnapped motor vehicles or stolen motor vehicle parts. If the motor vehicle or
any of its numbered parts is not in that list, the Philippine Constabulary shall forthwith
issue a certificate of clearance. Upon presentation of the certificate of clearance from
the Philippine Constabulary and after verification of the registration of the motor
vehicle engine, engine block and chassis in the permanent registry of motor vehicle
engines, engine blocks and chassis, the Land Transportation Commission shall
register the motor vehicle in accordance with existing laws, rules and regulations.

Section 7. Duty of Collector of Customs to report arrival of imported motor vehicle,
etc. The Collector of Customs of a principal port of entry where an imported motor
vehicle, motor vehicle engine, engine block chassis or body is unloaded, shall, within
seven days after the arrival of the imported motor vehicle or any of its parts
enumerated herein, make a report of the shipment to the Land Transportation
Commission, specifying the make, type and serial numbers, if any, of the motor
vehicle engine, engine block and chassis or body, and stating the names and
addresses of the owner or consignee thereof. If the motor vehicle engine, engine
block, chassis or body does not bear any serial number, the Collector of Customs
concerned shall hold the motor vehicle engine, engine block, chassis or body until it is
numbered by the Land Transportation Commission.

Section 8. Duty of importers, distributors and sellers of motor vehicles to keep record
of stocks. Any person engaged in the importation, distribution, and buying and selling
of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep a
permanent record of his stocks, stating therein their type, make and serial numbers,
and the names and addresses of the persons from whom they were acquired and the
names and addresses of the persons to whom they were sold, and shall render an
accurate monthly report of his transactions in motor vehicles to the Land
Transportation Commission.

Section 9. Duty of manufacturers of engine blocks, chassis or body to cause
numbering of engine blocks, chassis or body manufactured. Any person engaged in
the manufacture of engine blocks, chassis or body shall cause the numbering of every
engine block, chassis or body manufactured in a convenient and conspicuous part
thereof which the Land Transportation Commission may direct for the purpose of
uniformity and identification of the factory and shall submit to the Land Transportation
Commission a monthly report of the manufacture and sale of engine blocks, chassis
or body.

Section 10. Clearance and permit required for assembly or rebuilding of motor
vehicles. Any person who shall undertake to assemble or rebuild or cause the
assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance
from the Philippine Constabulary: Provided, That no such permit shall be issued
unless the applicant shall present a statement under oath containing the type, make
and serial numbers of the engine, chassis and body, if any, and the complete list of
the spare parts of the motor vehicle to be assembled or rebuilt together with the
names and addresses of the sources thereof.

In the case of motor vehicle engines to be mounted on motor boats, motor bancas
and other light water vessels, the applicant shall secure a permit from the Philippine
Coast Guard, which office shall in turn furnish the Land Transportation Commission
the pertinent data concerning the motor vehicle engines including their type, make
and serial numbers.

Section 11. Clearance required for shipment of motor vehicles, motor vehicle
engines, engine blocks, chassis or body. Any person who owns or operates inter-
island shipping or any water transportation with launches, boats, vessels or ships
shall within seven days submit a report to the Philippine Constabulary on all motor
vehicle, motor vehicle engines, engine blocks, chassis or bodies transported by it for
the motor vehicle, motor vehicle engine, engine block, chassis or body to be loaded
on board the launch, boat vessel or ship.

Section 12. Defacing or tampering with serial numbers of motor vehicle engines,
engine blocks and chassis. It shall be unlawful for any person to deface or otherwise

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tamper with the original or registered serial number of motor vehicle engines, engine
blocks and chassis.

Section 13. Penal Provisions. Any person who violates any provisions of this Act
shall be punished with imprisonment for not less than two years nor more than six
years and a fine equal in amount to the acquisition cost of the motor vehicle, motor
vehicle engine or any other part involved in the violation: Provided, That if the person
violating any provision of this Act is a juridical person, the penalty herein provided
shall be imposed on its president or secretary and/or members of the board of
directors or any of its officers and employees who may have directly participated in
the violation.

Any government official or employee who directly commits the unlawful acts defined
in this Act or is guilty of gross negligence of duty or connives with or permits the
commission of any of the said unlawful act shall, in addition to the penalty prescribed
in the preceding paragraph, be dismissed from the service with prejudice to his
reinstatement and with disqualification from voting or being voted for in any election
and from appointment to any public office.

Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as
this term is defined in Section two of this Act, shall, irrespective of the value of motor
vehicle taken, be punished by imprisonment for not less than fourteen years and eight
months and not more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon things; and by
imprisonment for not less than seventeen years and four months and not more than
thirty years, when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life imprisonment
to death shall be imposed when the owner, driver or occupant of the carnapped motor
vehicle is killed in the commission of the carnapping.

Section 15. Aliens. Aliens convicted under the provisions of this Act shall be deported
immediately after service of sentence without further proceedings by the Deportation
Board.

Section 16. Reward. Any person who voluntarily gives information leading to the
recovery of carnapped vehicles and for the conviction of the persons charged with
carnapping shall be given as reward so much reward money as the Philippine
Constabulary may fix. The Philippine Constabulary is authorized to include in its
annual budget the amount necessary to carry out the purposes of this section. Any
information given by informers shall be treated as confidential matter.

Section 17. Separability clause. If any provisions of this Act is declared invalid, the
provisions thereof not affected by such declaration shall remain in force and effect.

Section 18. Repealing clause. All laws, executive orders, rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

Section 19. Effectivity. This Act shall take effect upon its approval.

Approved: August 26, 1972

11. PD 1866 (as amended)

CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND
FOR RELEVANT PURPOSES

WHEREAS, there has been an upsurge of crimes vitally affecting public order and
safety due to the proliferation of illegally possessed and manufactured firearms,
ammunition and explosives;

WHEREAS, these criminal acts have resulted in loss of human lives, damage to
property and destruction of valuable resources of the country;

WHEREAS, there are various laws and presidential decrees which penalized illegal
possession and manufacture of firearms, ammunition and explosives;

WHEREAS, there is a need to consolidate, codify and integrate said laws and
presidential decrees to harmonize their provisions;

WHEREAS, there are some provisions in said laws and presidential decrees which
must be updated and revised in order to more effectively deter violators of the law on
firearms, ammunition and explosives;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers in me vested by the Constitution, do hereby decree:

SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or
Possession of Firearms or Ammunition or Instruments Used or Intended to be
Used in the Manufacture of Firearms or Ammunition. The penalty of prision
correccional in its maximum period and a fine of not less than Fifteen thousand pesos
(P15,000) shall be imposed upon any person who shall unlawfully manufacture, deal
in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun,
.380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to be used in the manufacture of any
firearm or ammunition: Provided, That no other crime was committed.

The penalty of prision mayor in its minimum period and a fine of Thirty thousand
pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm
which includes those with bores bigger in diameter than .38 caliber and 9 millimeter
such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered
powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms
with firing capability of full automatic and by burst of two or three: Provided, however,
That no other crime was committed by the person arrested.


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If homicide or murder is committed with the use of an unlicensed firearm, such use of
an unlicensed firearm shall be considered as an aggravating circumstance.

If the violation of this Section is in furtherance of or incident to, or in connection with
the crime of rebellion or insurrection, sedition, or attempted coup d'tat, such violation
shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or
attempted coup d'tat.

The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or entity,
who shall willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of
violating the provisions of the preceding paragraphs or willfully or knowingly allow any
of them to use unlicensed firearms or firearms without any legal authority to be carried
outside of their residence in the course of their employment.

The penalty of arresto mayor shall be imposed upon any person who shall carry any
licensed firearm outside his residence without legal authority therefor.

SECTION 2. Presumption of Illegal Manufacture of Firearms or
Ammunition. The possession of any machinery, tool or instrument used directly in
the manufacture of firearms or ammunition, by any person whose business or
employment does not lawfully deal with the manufacture of firearms or ammunition,
shall be prima facie evidence that such article is intended to be used in the
unlawful/illegal manufacture of firearms or ammunition.

SECTION 3. Unlawful Manufacture, Sales, Acquisition, Disposition,
Importation or Possession of an Explosive or Incendiary Device. The penalty
of reclusion perpetua shall be imposed upon any person who shall willfully and
unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any
explosive or incendiary device, with knowledge of its existence and its explosive or
incendiary character, where the explosive or incendiary device is capable of
producing destructive effect on contiguous objects or causing injury or death to any
person, including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb',
'molotov cocktail bomb', 'fire bomb', and other similar explosive and incendiary
devices.

Provided, That mere possession of any explosive or incendiary device shall be prima
facie evidence that the person had knowledge of the existence and the explosive or
incendiary character of the device.

Provided, however, That a temporary, incidental, casual, harmless, or transient
possession or control of any explosive or incendiary device, without the knowledge of
its existence or its explosive or incendiary character, shall not be a violation of this
Section.

Provided, further, That the temporary, incidental, casual, harmless, or transient
possession or control of any explosive or incendiary device for the sole purpose of
surrendering it to the proper authorities shall not be a violation of this Section.

Provided, finally, That in addition to the instances provided in the two (2) immediately
preceding paragraphs, the courts may determine the absence of the intent to
possess, otherwise referred to as 'animus possidendi', in accordance with the facts
and circumstances of each case and the application of other pertinent laws, among
other things, Articles 11 and 12 of the Revised Penal Code, as amended.

SECTION 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition,
Importation or Possession of a Part, Ingredient, Machinery, Tool or Instrument
Used or Intended to be Used for the Manufacture, Construction, Assembly,
Delivery or Detonation. The penalty of reclusion perpetua shall be imposed upon
any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire,
dispose, import or possess any part, ingredient, machinery, tool or instrument of any
explosive or incendiary device, whether chemical, mechanical, electronic, electrical or
otherwise, used or intended to be used by that person for its manufacture,
construction, assembly, delivery or detonation, where the explosive or incendiary
device is capable or is intended to be made capable of producing destructive effect on
contiguous objects or causing injury or death to any person.

Provided, That the mere possession of any part, ingredient, machinery, tool or
instrument directly used in the manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device, by any person whose business,
activity, or employment does not lawfully deal with the possession of such article shall
be prima facie evidence that such article is intended to be used by that person in the
unlawful/illegal manufacture, construction, assembly, delivery or detonation of an
explosive or incendiary device.

Provided, however, That a temporary, incidental, casual, harmless, or transient
possession or control of any part, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of any explosive or
incendiary device, without the knowledge of its existence or character as part,
ingredient, machinery, tool or instrument directly used in the manufacture,
construction, assembly, delivery or detonation of any explosive or incendiary device,
shall not be a violation of this Section.

Provided, further, That the temporary, incidental, casual, harmless, or transient
possession or control of any part, ingredient, machinery, tool or instrument directly
used in the manufacture, construction, assembly, delivery or detonation of any
explosive or incendiary device for the sole purpose of surrendering it to the proper
authorities shall not be a violation of this Section.

Provided, finally, That in addition to the instances provided in the two (2) immediately
preceding paragraphs, the courts may determine the absence of the intent to
possess, otherwise referred to as 'animus possidendi', in accordance with the facts
and circumstances of each case and the application of other pertinent laws, among
other things, Articles 11 and 12 of the Revised Penal Code, as amended.

SECTION 3-B. Penalty for the Owner, President, Manager, Director or Other
Responsible Officer of Any Public or Private Firm, Company, Corporation or
Entity. The penalty of reclusion perpetua shall be imposed upon the owner,
president, manager, director or other responsible officer of any public or private firm,

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company, corporation or entity, who shall willfully or knowingly allow any explosive or
incendiary device or parts thereof owned or controlled by such firm, company,
corporation or entity to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs.

SECTION 3-C. Relationship of Other Crimes with a Violation of this Decree
and the Penalty Therefor. When a violation of Sections 3, 3-A or 3-B of this
Decree is a necessary means for committing any of the crimes defined in the Revised
Penal Code or special laws, or is in furtherance of, incident to, in connection with, by
reason of, or on occasion of any of the crimes defined in the Revised Penal Code or
special laws, the penalty of reclusion perpetua and a fine ranging from One hundred
thousand pesos (P100,000.00) to One million pesos (P1,000,000.00) shall be
imposed.

SECTION 3-D. Former Conviction or Acquittal; Double Jeopardy. Subject to
the provisions of the Rules of Court on double jeopardy, if the application thereof is
more favorable to the accused, the conviction or acquittal of the accused or the
dismissal of the case for violation of this Decree shall be a bar to another prosecution
of the same accused for any offense where the violation of this Decree was a
necessary means for committing the offense or in furtherance of which, incident to
which, in connection with which, by reason of which, or on occasion of which, the
violation of this Decree was committed, and vice versa.

SECTION 4. Responsibility and Liability of Law Enforcement Agencies and
Other Government Officials and Employees in Testifying as Prosecution
Witnesses. Any member of law enforcement agencies or any other government
official and employee who, after due notice, fails or refuses, intentionally or
negligently, to appear as a witness for the prosecution or the defense in any
proceeding, involving violations of this Decree, without any valid reason, shall be
punished with reclusion temporal and a fine of not less than Five hundred thousand
pesos (P500,000.00), in addition to the administrative liability he/she may be meted
out by his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized with
prision correccional and a fine of not less than Ten thousand pesos (P10,000.00) but
not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the
court.

The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or reassigned to any
other government office located in another territorial jurisdiction during the pendency
of the case in court. However, the concerned member of the law enforcement agency
or government employee may be transferred or reassigned for compelling reasons:
Provided, That his/her immediate superior shall notify the court where the case is
pending of the order to transfer or reassign, within twenty-four (24) hours from its
approval: Provided, further, That his/her immediate superior shall be penalized with
prision correccional and a fine of not less than Ten thousand pesos (P10,000.00) but
not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office, should he/she fail to notify the court of such order to
transfer or reassign.

Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.

SECTION 4-A. Criminal Liability for Planting of Evidence. Any person who is
found guilty of 'planting' any explosive or incendiary device or any part, ingredient,
machinery, tool or instrument of any explosive or incendiary device, whether
chemical, mechanical, electronic, electrical or otherwise, shall suffer the penalty of
reclusion perpetua.

Planting of evidence shall mean the willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching, directly or indirectly, through any
overt or covert act, whatever quantity of any explosive or incendiary device or any
part, ingredient, machinery, tool or instrument of any explosive or incendiary device,
whether chemical, mechanical, electronic, electrical or otherwise in the person,
house, effects or in the immediate vicinity of an innocent individual for the purpose of
implicating, incriminating or imputing the commission of any violation of this Decree.

SECTION 4-B. Continuous Trial. In cases involving violations of this Decree,
the judge shall set the case for continuous trial on a daily basis from Monday to Friday
or other short-term trial calendar so as to ensure speedy trial. Such case shall be
terminated within ninety (90) days from arraignment of the accused.

SECTION 4-C. Authority to Import, Sell or Possess Chemicals or Accessories
for Explosives. Only persons or entities issued a manufacturer's license, dealer's
license or purchaser's license by the Philippine National Police (PNP)-Firearms and
Explosives Division may import any of the chemicals or accessories that can be used
in the manufacture of explosives or explosive ingredients from foreign suppliers, or
possess or sell them to licensed dealers or end users, as the case may be.

SECTION 4-D. Types of Chemicals/Accessories Covered. The chemicals
and accessories mentioned in the preceding Section shall exclusively refer to
chlorates, nitrates, nitric acid and such other chemicals and accessories that can be
used for the manufacture of explosives and explosive ingredients.

SECTION 4-E. Record of Transactions. Any person or entity who intends to
import, sell or possess the aforecited chemicals or accessories shall file an
application with the chief of the PNP, stating therein the purpose for which the license
and/or permit is sought and such other information as may be required by the said
official. The concerned person or entity shall maintain a permanent record of all
transactions entered into in relation with the aforecited chemicals or accessories,
which documents shall be open to inspection by the appropriate authorities.

SECTION 4-F. Cancellation of License. Failure to comply with the provision of
Section 4-C, 4-D and 4-E shall be sufficient cause for the cancellation of the license
and the confiscation of all such chemicals or accessories, whether or not lawfully
imported, purchased or possessed by the subject person or entity.

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SECTION 5. Tampering of Firearm's Serial Number. The penalty of prision
correccional shall be imposed upon any person who shall unlawfully tamper, change,
deface or erase the serial number of any firearm.

SECTION 6. Repacking or Altering the Composition of Lawfully
Manufactured Explosives. The penalty of prision correccional shall be imposed
upon any person who shall unlawfully repack, alter or modify the composition of any
lawfully manufactured explosives.

SECTION 7. Unauthorized Issuance of Authority to Carry Firearm and/or
Ammunition Outside of Residence. The penalty of prision correccional shall be
imposed upon any person, civilian or military, who shall issue authority to carry
firearm and/or ammunition outside of residence, without authority therefor.

SECTION 8. Rules and Regulations. Subject to the approval of the Minister
of National Defense, the Chief of Philippine Constabulary shall promulgate the rules
and regulations for the effective implementation of this decree.

SECTION 9. Repealing Clause. The provisions of Republic Act No. 4,
Presidential Decree No. 9, Presidential Decree No. 1728 and all laws, decrees,
orders, instructions, rules and regulations which are inconsistent with this Decree are
hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. This Decree shall take effect after fifteen (15) days
following the completion of its publication in the Official Gazette.
DONE in the City of Manila, this 29th day of June, in the year of Our Lord, Nineteen
Hundred and Eighty-Three.

12. RA 9344 (as amended by RA 10630)

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

TITLE I
GOVERNING PRINCIPLES

CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS

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

SEC. 2. Declaration of State Policy. - The following State policies shall be observed
at all times:
a) The State recognizes the vital role of children and youth in nation building
and shall promote and protect their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
b) The State shall protect the best interests of the child through measures that
will ensure the observance of international standards of child protection,
especially those to which the Philippines is a party. Proceedings before any
authority shall be conducted in the best interest of the child and in a manner
which allows the child to participate and to express himself/herself freely.
The participation of children in the program and policy formulation and
implementation related to juvenile justice and welfare shall be ensured by
the concerned government agency.
c) The State likewise recognizes the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty and exploitation, and other conditions prejudicial to their
development.
d) Pursuant to Article 40 of the United Nations Convention on the Rights of the
Child, the State recognizes the right of every child alleged as, accused of,
adjudged, or recognized as having infringed the penal law to be treated in a
manner consistent with the promotion of the child's sense of dignity and
worth, taking into account the child's age and desirability of promoting
his/her reintegration. Whenever appropriate and desirable, the State shall
adopt measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully
respected. It shall ensure that children are dealt with in a manner appropriate
to their well-being by providing for, among others, a variety of disposition
measures such as care, guidance and supervision orders, counseling,
probation, foster care, education and vocational training programs and other
alternatives to institutional care.
e) The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the
protection of the rights of children belonging to these communities.
f) The State shall apply the principles of restorative justice in all its laws,
policies and programs applicable to children in conflict with the law.

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

SEC. 4. Definition of Terms. - The following terms as used in this Act shall be
defined as follows:
a) "Bail" refers to the security given for the release of the person in custody of
the law, furnished by him/her or a bondsman, to guarantee his/her
appearance before any court. Bail may be given in the form of corporate
security, property bond, cash deposit, or recognizance.
b) "Best Interest of the Child" refers to the totality of the circumstances and
conditions which are most congenial to the survival, protection and feelings
of security of the child and most encouraging to the child's physical,
psychological and emotional development. It also means the least

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detrimental available alternative for safeguarding the growth and
development of the child.
c) "Child" refers to a person under the age of eighteen (18) years.
d) "Child at Risk" refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian
refuse, are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or
guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
e) "Child in Conflict with the Law" refers to a child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine laws.
f) "Community-based Programs" refers to the programs provided in a
community setting developed for purposes of intervention and diversion, as
well as rehabilitation of the child in conflict with the law, for reintegration into
his/her family and/or community.
g) "Court" refers to a family court or, in places where there are no family courts,
any regional trial court.
h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to
the placement of a child in conflict with the law in a public or private custodial
setting, from which the child in conflict with the law is not permitted to leave
at will by order of any judicial or administrative authority.
i) "Diversion" refers to an alternative, child-appropriate process of determining
the responsibility and treatment of a child in conflict with the law on the basis
of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.
j) "Diversion Program" refers to the program that the child in conflict with the
law is required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings.
k) "Initial Contact With-the Child" refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under Section 6(a) or
Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in
conflict with the law under immediate custody.
l) "Intervention" refers to a series of activities which are designed to address
issues that caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counseling, skills
training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
m) "Juvenile Justice and Welfare System" refers to a system dealing with
children at risk and children in conflict with the law, which provides child-
appropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, re-integration and aftercare to ensure their normal
growth and development.
n) "Law Enforcement Officer" refers to the person in authority or his/her agent
as defined in Article 152 of the Revised Penal Code, including a barangay
tanod.
o) "Offense" refers to any act or omission whether punishable under special
laws or the Revised Penal Code, as amended.
p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a
parent or custodian who shall be responsible for the appearance in court of
the child in conflict with the law, when required.
q) "Restorative Justice" refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the victim, the offender
and the community. It seeks to obtain reparation for the victim; reconciliation
of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public
safety by activating the offender, the victim and the community in prevention
strategies.
r) "Status Offenses" refers to offenses which discriminate only against a child,
while an adult does not suffer any penalty for committing similar acts. These
shall include curfew violations; truancy, parental disobedience and the like.
s) Bahay Pag-asa refers to a 24-hour child-caring institution established,
funded and managed by local government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are above fifteen (15)
but below eighteen (18) years of age who are awaiting court disposition of
their cases or transfer to other agencies or jurisdiction.

Part of the features of a Bahay Pag-asa is an intensive juvenile intervention
and support center. This will cater to children in conflict with the law in
accordance with Sections 20, 20-A and 20-B hereof.

A multi-disciplinary team composed of a social worker, a psychologist/mental
health professional, a medical doctor, an educational/guidance counselor
and a Barangay Council for the Protection of Children (BCPC) member shall
operate the Bahay Pag-asa. The team will work on the individualized
intervention plan with the child and the childs family.
t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility
managed by the Department of Social Welfare and Development (DSWD),
LGUs, licensed and/or accredited NGOs monitored by the DSWD, which
provides care, treatment and rehabilitation services for children in conflict
with the law. Rehabilitation services are provided under the guidance of a
trained staff where residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into their families and
communities as socially functioning individuals. Physical mobility of residents

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of said centers may be restricted pending court disposition of the charges
against them.
u) "Victimless Crimes" refers to offenses where there is no private offended
party.

CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with
the law shall have the following rights, including but not limited to:
a) the right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment;
b) the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty;
detention or imprisonment being a disposition of last resort, and which shall
be for the shortest appropriate period of time;
d) the right to be treated with humanity and respect, for the inherent dignity of
the person, and in a manner which takes into account the needs of a person
of his/her age. In particular, a child deprived of liberty shall be separated
from adult offenders at all times. No child shall be detained together with
adult offenders. He/She shall be conveyed separately to or from court.
He/She shall await hearing of his/her own case in a separate holding area. A
child in conflict with the law shall have the right to maintain contact with
his/her family through correspondence and visits, save in exceptional
circumstances;
e) the right to prompt access to legal and other appropriate assistance, as well
as the right to challenge the legality of the deprivation of his/her liberty
before a court or other competent, independent and impartial authority, and
to a prompt decision on such action;
f) the right to bail and recognizance, in appropriate cases;
g) the right to testify as a witness in hid/her own behalf under the rule on
examination of a child witness;
h) the right to have his/her privacy respected fully at all stages of the
proceedings;
i) the right to diversion if he/she is qualified and voluntarily avails of the same;
j) the right to be imposed a judgment in proportion to the gravity of the offense
where his/her best interest, the rights of the victim and the needs of society
are all taken into consideration by the court, under the principle of restorative
justice;
k) the right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
l) in general, the right to automatic suspension of sentence;
m) the right to probation as an alternative to imprisonment, if qualified under the
Probation Law;
n) the right to be free from liability for perjury, concealment or
misrepresentation; and
o) other rights as provided for under existing laws, rules and regulations.

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

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

A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.

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

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

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

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

If a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in
the same court where the case is pending. Pending hearing on the said motion,
proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other
government officials concerned shall exert all efforts at determining the age of the
child in conflict with the law.

TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE


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SEC. 8. J uvenile J ustice and Welfare Council (J J WC). A Juvenile Justice and
Welfare Council (JJWC) is hereby created and attached to the Department of Social
Welfare and Development and placed under its administrative supervision. The JJWC
shall be chaired by an Undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination
among the following agencies:
a) Department of Justice (DOJ);
b) Council for the Welfare of Children (CWC);
c) Department of Education (DepED);
d) Department of the Interior and Local Government (DILG);
e) Public Attorneys Office (PAO);
f) Bureau of Corrections (BUCOR);
g) Parole and Probation Administration (PPA);
h) National Bureau of Investigation (NBI);
i) Philippine National Police (PNP);
j) Bureau of Jail Management and Penology (BJMP);
k) Commission on Human Rights (CHR);
l) Technical Education and Skills Development Authority (TESDA);
m) National Youth Commission (NYC); and
n) Other institutions focused on juvenile justice and intervention programs.

The JJWC shall be composed of representatives, whose ranks shall not be lower than
director, to be designated by the concerned heads of the following departments or
agencies and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations:
(1) Department of Justice (DOJ);
(2) Department of Social Welfare and Development (DSWD);
(3) Council for the Welfare of Children (CWC);
(4) Department of Education (DepED);
(5) Department of the Interior and Local Government (DILG);
(6) Commission on Human Rights (CHR);
(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs, to be designated by the Secretary of
Social Welfare and Development, to be selected based on the criteria
established by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the League of Provinces, League of Cities,
League of Municipalities and League of Barangays.

There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each
region. The RJJWCs will be under the administration and supervision of the JJWC.
The RJJWC shall be chaired by the director of the regional office of the DSWD. It
shall ensure the effective implementation of this Act at the regional and LGU levels
and the coordination among its member agencies.

The RJJWC will be composed of permanent representatives who shall have a rank
not lower than an assistant regional director or its equivalent to be designated by the
concerned department heads from the following agencies and shall receive
emoluments as may be determined by the Council in accordance with existing budget
and accounting rules and regulations:
i. Department of Justice (DOJ);
ii. Department of Social Welfare and Development (DSWD);
iii. Department of Education (DepED);
iv. Department of the Interior and Local Government (DILG);
v. Commission on Human Rights (CHR);
vi. Department of Health (DOH);
vii. Two (2) representatives from NGOs operating within the region selected by
the RJJWC based on the criteria established by the JJWC;
viii. One (1) sectoral representative from the children or youth sector within the
region; and
ix. One (1) representative from the League of Provinces/ Cities/ Municipalities/
Barangays of the Philippines.

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

In the implementation of this Act, the JJWC shall consult with the various leagues of
local government officials.

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

SEC. 9. Duties and Functions of the J J WC. The JJWC shall have the following
duties and functions:
a) To oversee the implementation of this Act;
b) To advise the President on all matters and policies relating to juvenile justice
and welfare;
c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the
provisions of this Act;
d) To periodically develop a comprehensive 3 to 5-year national juvenile
intervention program, with the participation of government agencies
concerned, NGOs and youth organizations;
e) To coordinate the implementation of the juvenile intervention programs and
activities by national government agencies and other activities which may
have an important bearing on the success of the entire national juvenile
intervention program. All programs relating to juvenile justice and welfare
shall be adopted in consultation with the JJWC;
f) To consult with the various leagues of local government officials in the
formulation and recommendation of policies and strategies for the prevention
of juvenile delinquency and the promotion of juvenile justice and welfare;
g) To formulate and recommend policies and strategies in consultation with
children for the prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the children in
conflict with the law;

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h) To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare,
such as, but not limited to:
(1) The performance and results achieved by juvenile intervention programs
and by activities of the local government units and other government
agencies;
(2) The periodic trends, problems and causes of juvenile delinquency and
crimes; and
(3) The particular needs of children in conflict with the law in custody.

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

The JJWC shall submit an annual report to Congress on the implementation of the
provisions of this Act.

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

i) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention
and rehabilitation facilities and to undertake spot inspections on their own
initiative in order to check compliance with the standards provided herein
and to make the necessary recommendations to appropriate agencies;
j) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program;
k) To submit an annual report to the President on the implementation of this
Act; and
l) To perform such other functions as may be necessary to implement the
provisions of this Act."

SEC. 9-A. Duties and Functions of the RJ J WC. The RJJWC shall have the
following duties and functions:
a) To oversee and ensure the effective implementation of this Act at the
regional level and at the level of the LGUs;
b) To assist the concerned agencies in the implementation and in compliance
with the JJWCs adopted policies/regulations or provide substantial inputs to
the JJWC in the formulation of new ones in line with the provisions of this
Act;
c) To assist in the development of the comprehensive 3 to 5-year local juvenile
intervention program, with the participation of concerned LGUs, NGOs and
youth organizations within the region and monitor its implementation;
d) To coordinate the implementation of the juvenile intervention programs and
activities by national government agencies and other activities within the
region;
e) To oversee the programs and operation of the intensive juvenile intervention
and support center established within the region;
f) To collect relevant regional information and conduct continuing research and
support evaluations and studies on all matters relating to juvenile justice and
welfare within the region, such as, but not limited to:
(1) Performance and results achieved by juvenile intervention programs
and by activities of the LGUs and other government agencies within the
region;
(2) The periodic trends, problems and causes of juvenile delinquency and
crimes from the LGU level to the regional level; and
(3) The particular needs of children in conflict with the law in custody within
their regional jurisdiction.

The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis
and as may be deemed necessary by the JJWC.

g) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention
and rehabilitation facilities within the region and to undertake spot
inspections on their own initiative in order to check compliance with the
standards provided herein and to make the necessary reports and
recommendations to appropriate agencies and to the JJWC;
h) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program within the region;
i) To submit an annual report to the JJWC on the implementation of this Act;
and
j) To perform such other functions as may be determined by the JJWC to
implement the provisions of this Act.

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

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


TITLE III
PREVENTION OF JUVENILE DELINQUENCY

CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS

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

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

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

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

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

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

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

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

CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

SEC. 18. Development of a Comprehensive J uvenile Intervention Program. - A
Comprehensive juvenile intervention program covering at least a 3-year period shall
be instituted in LGUs from the barangay to the provincial level.

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

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

SEC. 19. Community-based Programs on J uvenile J ustice and Welfare. -
Community-based programs on juvenile justice and welfare shall be instituted by the
LGUs through the LCPC, school, youth organizations and other concerned agencies.
The LGUs shall provide community-based services which respond to the special
needs, problems, interests and concerns of children and which offer appropriate
counseling and guidance to them and their families. These programs shall consist of
three levels:
a) Primary intervention includes general measures to promote social justice
and equal opportunity, which tackle perceived root causes of offending;
b) Secondary intervention includes measures to assist children at risk; and
c) Tertiary intervention includes measures to avoid unnecessary contact with
the formal justice system and other measures to prevent re-offending.

TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

SEC. 20. Children Below the Age of Criminal Responsibility. If it has been
determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child, in consultation with the local
social welfare and development officer, has the duty to immediately release the child
to the custody of his/her parents or guardian, or in the absence thereof, the childs
nearest relative. The child shall be subjected to a community-based intervention
program supervised by the local social welfare and development officer, unless the
best interest of the child requires the referral of the child to a youth care facility or
Bahay Pag-asa managed by LGUs or licensed and/or accredited NGOs monitored
by the DSWD.

The local social welfare and development officer shall determine the appropriate
programs for the child who has been released, in consultation with the child and the

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person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any
of the following:
a) A duly registered nongovernmental or religious organization;
b) A barangay official or a member of the Barangay Council for the Protection
of Children (BCPC);
c) A local social welfare and development officer; or, when and where
appropriate, the DSWD.

If the child has been found by the local social welfare and development officer to be
dependent, abandoned, neglected or abused by his/her parents and the best interest
of the child requires that he/she be placed in a youth care facility or Bahay Pag-asa,
the childs parents or guardians shall execute a written authorization for the voluntary
commitment of the child: Provided, That if the child has no parents or guardians or if
they refuse or fail to execute the written authorization for voluntary commitment, the
proper petition for involuntary commitment shall be immediately filed by the DSWD or
the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise known as The Child and Youth Welfare
Code and the Supreme Court rule on commitment of children: Provided, further, That
the minimum age for children committed to a youth care facility or Bahay Pag-asa
shall be twelve (12) years old.

SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From
Criminal Responsibility. A child who is above twelve (12) years of age up to
fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping
and serious illegal detention where the victim is killed or raped, robbery, with homicide
or rape, destructive arson, rape, or carnapping where the driver or occupant is killed
or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs
Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be
deemed a neglected child under Presidential Decree No. 603, as amended, and shall
be mandatorily placed in a special facility within the youth care faculty or Bahay Pag-
asa called the Intensive Juvenile Intervention and Support Center (IJISC).

In accordance with existing laws, rules, procedures and guidelines, the proper petition
for involuntary commitment and placement under the IJISC shall be filed by the local
social welfare and development officer of the LGU where the offense was committed,
or by the DSWD social worker in the local social welfare and development officers
absence, within twenty-four (24) hours from the time of the receipt of a report on the
alleged commission of said child. The court, where the petition for involuntary
commitment has been filed shall decide on the petition within seventy-two (72) hours
from the time the said petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the IJISC which shall not
be less than one (1) year. The multi-disciplinary team of the IJISC will submit to the
court a case study and progress report, to include a psychiatric evaluation report and
recommend the reintegration of the child to his/her family or the extension of the
placement under the IJISC. The multi-disciplinary team will also submit a report to the
court on the services extended to the parents and family of the child and the
compliance of the parents in the intervention program. The court will decide whether
the child has successfully completed the center-based intervention program and is
already prepared to be reintegrated with his/her family or if there is a need for the
continuation of the center-based rehabilitation of the child. The court will determine
the next period of assessment or hearing on the commitment of the child."

SEC. 20-B. Repetition of Offenses. A child who is above twelve (12) years of age
up to fifteen (15) years of age and who commits an offense for the second time or
oftener: Provided, That the child was previously subjected to a community-based
intervention program, shall be deemed a neglected child under Presidential Decree
No. 603, as amended, and shall undergo an intensive intervention program
supervised by the local social welfare and development officer: Provided,
further, That, if the best interest of the child requires that he/she be placed in a youth
care facility or Bahay Pag-asa, the childs parents or guardians shall execute a
written authorization for the voluntary commitment of the child: Provided, finally, That
if the child has no parents or guardians or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper petition for involuntary
commitment shall be immediately filed by the DSWD or the LSWDO pursuant to
Presidential Decree No. 603, as amended.

SEC. 20-C. Exploitation of Children for Commission of Crimes. Any person
who, in the commission of a crime, makes use, takes advantage of, or profits from the
use of children, including any person who abuses his/her authority over the child or
who, with abuse of confidence, takes advantage of the vulnerabilities of the child and
shall induce, threaten or instigate the commission of the crime, shall be imposed the
penalty prescribed by law for the crime committed in its maximum period.

SEC. 20-D. J oint Parental Responsibility. Based on the recommendation of the
multi-disciplinary team of the IJISC, the LSWDO or the DSWD, the court may require
the parents of a child in conflict with the law to undergo counseling or any other
intervention that, in the opinion of the court, would advance the welfare and best
interest of the child.

As used in this Act, parents shall mean any of the following:
a) Biological parents of the child; or
b) Adoptive parents of the child; or
c) Individuals who have custody of the child.

A court exercising jurisdiction over a child in conflict with the law may require the
attendance of one or both parents of the child at the place where the proceedings are
to be conducted.

The parents shall be liable for damages unless they prove, to the satisfaction of the
court, that they were exercising reasonable supervision over the child at the time the
child committed the offense and exerted reasonable effort and utmost diligence to
prevent or discourage the child from committing another offense.
SEC. 20-E. Assistance to Victims of Offenses Committed by Children. The
victim of the offense committed by a child and the victims family shall be provided the
appropriate assistance and psychological intervention by the LSWDO, the DSWD and
other concerned agencies.

TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM

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CHAPTER I
INITIAL CONTACT WITH THE CHILD

SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child
is taken into custody, the law enforcement officer shall:
a) Explain to the child in simple language and in a dialect that he/she can
understand why he/she is being placed under custody and the offense that
he/she allegedly committed;
b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
c) Properly identify himself/herself and present proper identification to the child;
d) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law;
e) Avoid displaying or using any firearm, weapon, handcuffs or other
instruments of force or restraint, unless absolutely necessary and only after
all other methods of control have been exhausted and have failed;
f) Refrain from subjecting the child in conflict with the law to greater restraint
than is necessary for his/her apprehension;
g) Avoid violence or unnecessary force;
h) Determine the age of the child pursuant to Section 7 of this Act;
i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension. The social welfare
and development officer shall explain to the child and the child's
parents/guardians the consequences of the child's act with a view towards
counseling and rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
j) Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. The examination results shall be
kept confidential unless otherwise ordered by the Family Court. Whenever
the medical treatment is required, steps shall be immediately undertaken to
provide the same;
k) Ensure that should detention of the child in conflict with the law be
necessary, the child shall be secured in quarters separate from that of the
opposite sex and adult offenders;
l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if
so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have
been informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the
precise details of the physical and medical examination or the failure to
submit a child to such examination; and
m) Ensure that all statements signed by the child during investigation shall be
witnessed by the child's parents or guardian, social worker, or legal counsel
in attendance who shall affix his/her signature to the said statement.

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

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

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

The social worker shall conduct an initial assessment to determine the appropriate
interventions and whether the child acted with discernment, using the discernment
assessment tools developed by the DSWD. The initial assessment shall be without
prejudice to the preparation of a more comprehensive case study report. The local
social worker shall do either of the following:
a) Proceed in accordance with Section 20 if the child is fifteen (15) years or
below or above fifteen (15) but below eighteen (18) years old, who acted
without discernment; and
b) If the child is above fifteen (15) years old but below eighteen (18) and who
acted with discernment, proceed to diversion under the following chapter.

CHAPTER 2
DIVERSION

SEC. 23. System of Diversion. - Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings subject to the conditions
herein provided:
a) Where the imposable penalty for the crime committee is not more than six
(6) years imprisonment, the law enforcement officer or Punong Barangay
with the assistance of the local social welfare and development officer or
other members of the LCPC shall conduct mediation, family conferencing
and conciliation and, where appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the formulation of a
diversion program. The child and his/her family shall be present in these
activities.
b) In victimless crimes where the imposable penalty is not more than six (6)
years imprisonment, the local social welfare and development officer shall
meet with the child and his/her parents or guardians for the development of
the appropriate diversion and rehabilitation program, in coordination with the
BCPC;
c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.

SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be
conducted at the Katarungang Pambarangay, the police investigation or the inquest

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or preliminary investigation stage and at all 1evels and phases of the proceedings
including judicial level.

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

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

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

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

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

SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the
offense does not fall under Section 23(a) and (b), or if the child, his/her parents or
guardian does not consent to a diversion, the Punong Barangay handling the case
shall, within three (3) days from determination of the absence of jurisdiction over the
case or termination of the diversion proceedings, as the case may be, forward the
records of the case of the child to the law enforcement officer, prosecutor or the
appropriate court, as the case may be. Upon the issuance of the corresponding
document, certifying to the fact that no agreement has been reached by the parties,
the case shall be filed according to the regular process.

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

SEC. 29. Factors in Determining Diversion Program. - In determining whether
diversion is appropriate and desirable, the following factors shall be taken into
consideration:
a) The nature and circumstances of the offense charged;
b) The frequency and the severity of the act;
c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
d) The influence of the family and environment on the growth of the child;
e) The reparation of injury to the victim;
f) The weight of the evidence against the child;
g) The safety of the community; and
h) The best interest of the child.

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

The following factors shall be considered in formulating a diversion program for the
child:
a) The child's feelings of remorse for the offense he/she committed;
b) The parents' or legal guardians' ability to guide and supervise the child;
c) The victim's view about the propriety of the measures to be imposed; and
d) The availability of community-based programs for rehabilitation and
reintegration of the child.

SEC. 31. Kinds of Diversion Programs. - The diversion program shall include
adequate socio-cultural and psychological responses and services for the child. At the
different stages where diversion may be resorted to, the following diversion programs
may be agreed upon, such as, but not limited to:
a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7) Attendance in trainings, seminars and lectures on:
i. anger management skills;
ii. problem solving and/or conflict resolution skills;
iii. values formation; and
iv. other skills which will aid the child in dealing with situations which
can lead to repetition of the offense;
(8) Participation in available community-based programs, including
community service; or
(9) Participation in education, vocation and life skills programs.
b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein;
and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b) above;

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(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.

CHAPTER 3
PROSECUTION

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

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

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

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

CHAPTER 4
COURT PROCEEDINGS

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

SEC. 35. Release on Recognizance. - Where a child is detained, the court shall
order:
a) the release of the minor on recognizance to his/her parents and other
suitable person;
b) the release of the child in conflict with the law on bail; or
c) the transfer of the minor to a youth detention home/youth rehabilitation
center.

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

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

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

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

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

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

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

SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the
recommendation of the social worker who has custody of the child, the court shall
dismiss the case against the child whose sentence has been suspended and against
whom disposition measures have been issued, and shall order the final discharge of
the child if it finds that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance
with law.

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


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

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

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

CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

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

The component authorities shall undertake all measures to protect this confidentiality
of proceedings, including non-disclosure of records to the media, maintaining a
separate police blotter for cases involving children in conflict with the law and
adopting a system of coding to conceal material information which will lead to the
child's identity. Records of a child in conflict with the law shall not be used in
subsequent proceedings for cases involving the same offender as an adult, except
when beneficial for the offender and upon his/her written consent.

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

TITLE VI
REHABILITATION AND REINTEGRATION

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

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

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

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

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

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

SEC. 49. Establishment of Bahay Pag-Asa. Each province and highly-urbanized
city (the LGUs) shall be responsible for building, funding and operating a Bahay Pag-
asa within their jurisdiction following the standards that will be set by the DSWD and
adopted by the JJWC.

Every Bahay Pag-asa will have a special facility called the IJISC. This Center will be
allocated for children in conflict with the law in accordance with Sections 20, 20-A and
20-B hereof. These children will be required to undergo a more intensive multi-
disciplinary intervention program. The JJWC in partnership with, but not limited to, the
DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the
implementation of the multi-disciplinary intervention program of the IJISC. Upon
institutionalization of the IJISC program, the JJWC will continue to monitor and
provide technical assistance to the multi-disciplinary teams operating the said centers.

SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The
expenses for the care and maintenance of a child in conflict with the law under
institutional care shall be borne by his/her parents or those persons liable to support
him/her: Provided, That in case his/her parents or those persons liable to support
him/her cannot pay all or part of said expenses, the municipality where the offense
was committed shall pay one-third (1/3) of said expenses or part thereof; the province
to which the municipality belongs shall pay one-third (1/3) and the remaining one-third
(1/3) shall be borne by the national government. Chartered cities shall pay two-thirds
(2/3) of said expenses; and in case a chartered city cannot pay said expenses, part of

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the internal revenue allotments applicable to the unpaid portion shall be withheld and
applied to the settlement of said obligations:Provided, further, That in the event that
the child in conflict with the law is not a resident of the municipality/city where the
offense was committed, the court, upon its determination, may require the
city/municipality where the child in conflict with the law resides to shoulder the cost.

The LGUs expected expenditures on the local juvenile intervention program for
children at risk and children in conflict with the law shall be included in the LGUs
annual budget. Highly-urbanized cities and provincial governments should include a
separate budget for the construction and maintenance of the Bahay Pag-asa
including the operation of the IJISC within the Bahay Pag-asa.

SEC. 51. Confinement of Convicted Children in Agricultural Camps and other
Training Facilities. - A child
in conflict with the law may, after conviction and upon order of the court, be made to
serve his/her sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be established, maintained,
supervised and controlled by the BUCOR, in coordination with the DSWD.

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

If the community-based rehabilitation is availed of by a child in conflict with the law,
he/she shall be released to parents, guardians, relatives or any other responsible
person in the community. Under the supervision and guidance of the local social
welfare and development officer, and in coordination with his/her parents/guardian,
the child in conflict with the law shall participate in community-based programs, which
shall include, but not limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services;
(8) Spiritual enrichment; and
(9) Community and family welfare services.

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

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

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

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

SEC. 54. Objectives of Community Based Programs. - The objectives of
community-based programs are as follows:
a) Prevent disruption in the education or means of livelihood of the child in
conflict with the law in case he/she is studying, working or attending
vocational learning institutions;
b) Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their
relationship and to create greater awareness of their mutual and reciprocal
responsibilities;
c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the
law and encourage community support and involvement; and
d) Minimize the stigma that attaches to the child in conflict with the law by
preventing jail detention.

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

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


TITLE VII
GENERAL PROVISIONS

CHAPTER 1
EXEMPTING PROVISIONS

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

SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local
governments concerning juvenile status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as
well as light offenses and misdemeanors against public order or safety such as, but
not limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public
urination, and trespassing, shall be for the protection of children. No penalty shall be
imposed on children for said violations, and they shall instead be brought to their
residence or to any barangay official at the barangay hall to be released to the
custody of their parents. Appropriate intervention programs shall be provided for in
such ordinances. The child shall also be recorded as a child at risk and not as a
child in conflict with the law. The ordinance shall also provide for intervention
programs, such as counseling, attendance in group activities for children, and for the
parents, attendance in parenting education seminars.
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SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years
of age shall be exempt from prosecution for the crime of vagrancy and prostitution
under Section 202 of the Revised Penal Code, of mendicancy under Presidential
Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such
prosecution being inconsistent with the United Nations Convention on the Rights of
the Child: Provided, That said persons shall undergo appropriate counseling and
treatment program.

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

CHAPTER 2
PROHIBITED ACTS

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

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Section 12. Mandatory Registry of Children in Conflict with the Law. All duty-bearers, including
barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and prosecutors who
will receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful recordation
of all pertinent information, such as age, residence, gender, crime committed or accused of and the details of
the intervention or diversion, as the case may be, under which they will undergo or has undergone, of all
children in conflict with the law to guarantee the correct application of the provisions of this Act and other laws.
The JJWC shall lead in the establishment of a centralized information management system on children in
conflict with the law. This provision is however without prejudice to Section 43 of this Act.

SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be
considered prejudicial and detrimental to the psychological, emotional, social,
spiritual, moral and physical health and well-being of the child in conflict with the law
and therefore, prohibited:
a) Employment of threats of whatever kind and nature;
b) Employment of abusive, coercive and punitive measures such as cursing,
beating, stripping, and solitary confinement;
c) Employment of degrading, inhuman end cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over
the body of the child in conflict with the law, or forcing him/her to walk around
the community wearing signs which embarrass, humiliate, and degrade
his/her personality and dignity; and
d) Compelling the child to perform involuntary servitude in any and all forms
under any and all instances.

CHAPTER 3
PENAL PROVISION

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

CHAPTER 4
APPROPRIATION PROVISION

SEC. 63. Appropriations. The amount necessary to carry out the provisions of this
Act shall be charged against the current years appropriations of the JJWC under the
budget of the Department of Justice. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the budget of the DSWD
under the annual General Appropriations Act: Provided, That the amount of Four
hundred million pesos (P400,000,000.00) shall be appropriated for the construction of
Bahay Pag-asa rehabilitation centers in provinces or cities with high incidence of
children in conflict with the law to be determined and identified by the DSWD and the
JJWC on a priority basis: Provided, further, That the said amount shall be coursed
through the Department of Public Works and Highways (DPWH) for its proper
implementation.

The LGUs concerned shall make available, from its own resources or assets, their
counterpart share equivalent to the national government contribution of Five million
pesos (P5,000,000.00) per rehabilitation center.


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In addition, the Council may accept donations, grants and contributions from various
sources, in cash or in kind, for purposes relevant to its functions, subject to the usual
government accounting and auditing rules and regulations.

TITLE VIII
TRANSITORY PROVISIONS

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

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

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

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

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

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

TITLE IX
FINAL PROVISIONS

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

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

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

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

Approved: April 28, 2006