SPECIAL LAWS

ATTY. ANALIZA G. FOSTER

Chief, RIPD
BJMP Regional Office IV-A
RA 9745 “Anti-Torture Act of 2009”
RA 7877 "Anti-Sexual Harassment Act of 1995.“
RA 9262 "Anti-Violence Against Women and Their Children
Act of 2004"
RA 8353 “The Anti-Rape Law of 1997.”
RA 9165 "Comprehensive Dangerous Drugs Act of 2002”
RA 10591 “Comprehensive Firearms and Ammunition
Regulation Act, ammending PD 1866”
RA 3019 “Anti-Graft and Corrupt Practices Act”
Republic Act No. 9745 or
Anti-Torture Act of 2009
Basic Policy

To ensure that the human rights of all persons

including suspects, detainees, and prisoners are
respected at all times; and that no person placed under
investigation or held in custody of any person in
authority or, agent of a person 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 her
or degrades human dignity.
 Definition of TORTURE

“Torture” an act by which severe pain or suffering,

whether physical or mental, is intentionally inflicted
on a person for purposes such as obtaining
information, or intimidating another person.
Physical Torture:
Physical torture is a form of treatment or punishment that causes
severe pain, exhaustion, disability or dysfunction of one or more
parts of the body, such as:
(1) Systematic beating, head-banging, 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 or
acid, or by the rubbing of pepper or other chemical substances on
mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of suffocation; (6)
Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point
of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness
or will of a person, such as:

– (i) The administration or drugs to induce confession and/or reduce mental

competency; or
– (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture.

Psychological Torture:
Mental/psychological torture refers to acts 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 will be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person’s family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading
him/her in public places, shaving the victim’s head or putting marks
on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any
member of his/her family; and
(12) Other analogous acts of mental/psychological torture
 R.A. 9745 prohibits and punishes the
establishment, operation and maintenance of
secret detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out
with impunity.
 The Philippine National Police (PNP), the Armed Forces of
the Philippines (AFP) and other law enforcement agencies, as
well as their regional offices, are required to submit to the
Commission on Human Rights (CHR) and make available to the
public at all times, a list of all detention centers and facilities
under their respective jurisdictions with the corresponding data on
the prisoners or detainees incarcerated or detained in such
facilities, such as the names, date of arrest and incarceration,
and the crime or offense committed. The list should be updated
within the first 5 days of every month at the minimum. Failure to
comply with this requirement is punishable under the law and the
penalty will be imposed on the responsible officers or personnel
of the AFP, the PNP and other law enforcement agencies.
 Any confession, admission or statement
obtained as a result of torture is inadmissible in
evidence in any proceeding, except if the same is
used as evidence against a person or persons
accused of committing torture
A victim of torture has the right:

(a) To have an impartial investigation by the CHR and other concerned

government agencies such as the Department of Justice (DOJ), the Public
Attorney's Office (PAO), the PNP, the National Bureau of Investigation
(NBI) and the AFP;
(b) (b) To have the investigation of the torture completed within a maximum
period 60 working days from the time a complaint for torture is filed, and to
have any appeal resolved within the same period;
(c) (c) To have sufficient government protection for himself/herself and other
persons involved in the investigation/prosecution such as his/her lawyer,
witnesses and relatives, against all forms of harassment, threat and/or
intimidation as a consequence of the filing of the complaint for torture or the
presentation of evidence for such complaint;
(d) (d) To be given sufficient protection in the manner by which he/she testifies
and presents evidence in any forum to avoid further trauma; and
(e) (e) To claim for compensation under Republic Act No. 7309,* which in no
case should be lower than P10,000.00, and under other existing laws and
regulations.
• A writ of habeas corpus or writ of amparo or writ of habeas
data proceeding, if instituted on behalf of the victim of torture or
other cruel, degrading and inhuman treatment or punishment,
should be disposed of expeditiously, and any order of release by
virtue of such proceeding, or other appropriate order of a court
relative to such proceeding, should be executed or complied with
immediately.

• 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.
The victim or interested party may also seek legal assistance
from the Barangay Human Rights Action Center (BRRAC)
nearest him/her as well as from human rights non-government
organizations (NGOs).
The following are liable as principals for the crime of torture or other cruel or
inhuman and degrading treatment or punishment:

(a) 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;
(b) 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; and
(c) 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, if:
– 1. By his act or omission, or negligence, he has led, assisted, abetted or allowed,
whether directly or indirectly, the commission of torture by his/her subordinates; or
– 2. 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 will 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.
• 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” can never be invoked as a justification for
torture and other cruel, inhuman and degrading
treatment or punishment.
•
• Torture as a crime will not absorb or will not be
absorbed by any other crime or felony committed as a
consequence, or as a means in the conduct or
commission, of torture. Torture will be treated as a
separate and independent criminal act, the penalties
for which will be imposed without prejudice to any
other criminal liability under domestic and international
laws.
• Persons who have committed any act of torture will not
benefit from any special amnesty law or similar
measures that will have the effect of exempting them
from any criminal proceedings and sanctions.

• No person will be expelled, returned or extradited to

another State where there are substantial grounds to
believe that such person will be in danger of being
subjected to torture. The Secretary of the Department
of Foreign Affairs (DFA) and the Secretary of the DOJ,
in coordination with the Chairperson of the CHR, will
determine whether such grounds exist, taking into
account all relevant considerations including the
existence in the requesting State of a consistent
pattern of gross, flagrant or mass violations of human
rights. (Refouler)
Procedure in to be observed:

Every person arrested, detained or under custodial investigation is

given the right:

(a) Before and after interrogation, to be informed of his/her right

to demand physical examination by an independent and competent
doctor of his/her own choice. If he/she cannot afford the services of
his/her own doctor, he/she will be provided by the State with a
competent and independent doctor to conduct physical examination. If
the person arrested is female, she will be attended to preferably by a
female doctor.

(b) To immediate access to proper and adequate medical

treatment.

These rights may be waived by the person arrested, detained or under

custodial investigation, provided the waiver was made knowingly and
voluntarily, in writing, and executed in the presence and
 The physical examination and/or
psychological evaluation of the victim should be
contained in a medical report, duly signed by the
attending physician and detailing the victim’s
medical history and the physician’s findings,
including the nature and probable cause of the
victim’s injury, pain, disease and/or trauma, and the
approximate time and date when it/they was/were
sustained. The report shall be attached to the
custodial investigation report and considered a
public document. * RA 7309-An Act Creating a Board of Claims under the
Department of Justice for Victims of Unjust Imprisonment or
Detention and Victims of Violent Crimes and for other
purposes
• AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES
• 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.
• Work, education or training-related sexual harassment is
committed by:
or any other person who, having
• an employer • instructor authority, influence or moral
ascendancy over another in a work
• employee • professor or training or education
• manager • coach environment, demands, requests or
otherwise requires any sexual favor
• supervisor • trainor
from the other, regardless of
• agent of the whether the demand, request or
employer requirement for submission is
accepted by the object of said Act.
• teacher
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
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.
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.
(a) Physical
i. Malicious Touching;
ii. Overt sexual advances;
iii. Gestures with lewd insinuation.

(b) Verbal, such as but not limited to, requests or

demands for sexual favors, and lurid
remarks;

(c) Use of objects, pictures or graphics, letters or writing

notes with sexual underpinnings;

(d) Other forms analogous to the forgoing.

1. in the premises of the workplace or office or of the school or
training institution;
2. in any place where the parties were found as a result of work or
education or training responsibilities or relations;
3. at work or education or training-related social functions;
4. while on official business outside the office or school or training
institution or during work or school or training- related travel;
5. at official conferences, fora, symposia or training sessions;or
6. by telephone, cellular phone, fax machine or electronic mail.
 These Rules shall apply to all officials and
employees in government, whether in the
career or non-career service and holding
any level of position, including Presidential
appointees and elective officials, regardless
of status, in the national or local
government, state colleges and universities,
including government-owned or controlled
corporations, with original charters.
 the administrative offense of sexual
harassment is an act, or a series of acts,
involving any unwelcome sexual advance,
request or demand for a sexual favor, or
other verbal or physical behavior of a sexual
nature, committed by a government
employee or official in a work-related, training
or education related environment of the
person complained of.
1. Unwanted touching of private parts of the body (genitalia,
buttocks and breast);
2. Sexual assault;
3. Malicious touching;
4. Requesting for sexual favor in exchange for employment,
promotion, local or foreign travels, favorable working
conditions or assignments, a passing grade, the granting
of honors or scholarships or the grant of benefits or
payment of a stipend or allowance, and
5. Other analogous cases.
1. Unwanted touching or brushing against the
victim’s body;
2. Pinching not falling under grave offenses;
3. Derogatory or degrading remarks or
innuendoes directed toward the members of
one sex, or one’s sexual orientation or used
to describe a person;
4. Verbal abuse with sexual overtones; and
5. Other analogous cases.
1. Surreptitiously looking or staring a look of a
person’s private part or worn undergarments;
2. Telling sexists/smutty jokes or sending these
through text, electronic mail or other similar
means, causing embarrassment or offense and
carried out after the offender has been advised
that they are offensive or embarrassing or, even
without such advise, when they are by their
nature clearly embarrassing, offensive or vulgar;
3. Malicious leering or ogling;
4. The display of sexually offensive pictures,
materials or graffiti;
5. Unwelcome inquiries or comments about a person’s
sex life;
6. Unwelcome sexual flirtation, advances, propositions;
7. Making offensive hand or body gestures at an
employee;
8. Persistent unwanted attention with sexual overtones;
9. Unwelcome phone calls with sexual overtones
causing discomfort, embarrassment, offense
or insult to the receiver; and
10. Other analogous cases.
• Any government official or employee, regardless of sex, is liable
for sexual harassment when he/she:
(a) directly participates in the execution of any act of
sexual harassment as defined by these Rules;
(b) induces or directs another or others to commitsexual
harassment as defined by these Rules;
(c) cooperates in the commission of sexual harassment
by another through an act without which the sexual
harassment would not have been accomplished;
(d) cooperates in the commission of sexual harassment
by another through previous or simultaneous acts.
• 1st offense – Reprimand

• 2nd offense – Fine or suspension

not exceeding thirty (30) days

• 3rd offense – Dismissal

• 1st offense – Fine or suspension of
not less than thirty (30) days and not
exceeding six (6) months

• 2nd offense – Dismissal

•DISMISSAL
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.
• 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.
a)Promulgate appropriate rules and
regulations in consultation with and
jointly approved by the employees or
students or trainees

b)Create a committee on decorum and

investigation of cases on 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.
 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 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.
• The head of office who fails to act
within fifteen (15) days from receipt of
any complaint for sexual harassment
properly filed against any employee in
that office shall be charged with
Neglect of Duty.

• Any person who is found guilty of

sexual harassment shall, after the
investigation, be meted the penalty
corresponding to the gravity and
seriousness of the offense.
JURISPRUDENCE:
Dioscoro v. Edurdo Wahiman, G. R. No. 148468, April 30, 2008
Ruling: A teacher who perverts his position by sexually harassing a
student should not be allowed under any circumstance to practice
his profession. (The offender touched and fondled the breasts of his
student)

Atty. Jacinto v. Maila Clemen Serrano, G.R. No. 175433, March

11, 2015
Ruling: The petitioner who forcibly kissed the lips of his female
employee was held liable for violation of RA 7877.
Republic Act No. 9262

"Anti-Violence Against
Women and Their Children
Act of 2004"
 Declaration of Policy
It is hereby declared that the State values the dignity
of women and children and guarantees full respect for
human rights. The State also recognizes the need to
protect the family and its members particularly women
and children, from violence and threats to their
personal safety and security.

Towards this end, the State shall exert efforts to

address violence committed against women and
children in keeping with the fundamental freedoms
guaranteed under the Constitution and the Provisions
of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of
discrimination Against Women, Convention on the
Rights of the Child and other international human
rights instruments of which the Philippines is a party.
"Violence against women and their children" refers to any act or a
series of acts committed by any person against a WOMAN who is
his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a
common child, or against her CHILD whether legitimate or
illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes,
but is not limited to, the following acts:
1. Physical violence
2. Sexual violence
3. Psychological violence
4. Economic abuse
"Physical Violence"

refers to acts that include bodily or physical harm.

Sexual violence
refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in
any sexual activity by force, threat of force, physical or other
harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
Psychological violence
refers to acts or omissions causing or likely to
cause mental or emotional suffering of the
victim such as but not limited to intimidation,
harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing
the victim to witness the physical, sexual or
psychological abuse of a member of the family to
which the victim belongs, or to witness
pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or
visitation of common children.
Economic abuse
refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to
the following:
1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or
solely controlling the conjugal money or properties.
(b) "BATTERY" refers to an act of inflicting physical harm upon the woman or
her child resulting to the physical and psychological or emotional distress.

(c) "BATTERED WOMAN SYNDROME" refers to a scientifically defined pattern

of psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.

(d) "STALKING" refers to an intentional act committed by a person who,

knowingly and without lawful justification follows the woman or her child or
places the woman or her child under surveillance directly or indirectly or
a combination thereof.

(e) "DATING RELATIONSHIP" refers to a situation wherein the parties live as

husband and wife without the benefit of marriage or are romantically
involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.

(f) "SEXUAL RELATIONS" refers to a single sexual act which may or may not
result in the bearing of a common child.
Acts of Violence Against Women and Their
Children
The crime of violence against women and their
children is committed through any of the following
acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage
in conduct which the woman or her child has the right to desist from
conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm
or threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the
woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children
of financial support legally due her or her family, or deliberately providing
the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a
legal right;
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common
money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself
for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family;
(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access
to the woman's child/children.
(h) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or
her child. This shall include, but not be limited to, the following
acts:
(1) Stalking or following the woman or her child in public or
private places;
(2) Peering in the window or lingering outside the residence of
the woman or her child;
(3) Entering or remaining in the dwelling or on the property of
the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
and
(5) Engaging in any form of harassment or violence;
Penalties
• From prision mayor to reclusion perpetua
• In addition to imprisonment, the
perpetrator shall (a) pay a fine in the
amount of not less than One hundred
thousand pesos (P100,000.00) but not
more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory
psychological counseling or psychiatric
treatment and shall report compliance to
the court.
Protection Orders
A protection order is an order issued under this act for
the purpose of preventing further acts of violence against
a woman or her child. The relief granted under a
protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in the
victim's daily life, and facilitating the opportunity and
ability of the victim to independently regain control over
her life.
The protection orders that may be issued under this Act
are:
• barangay protection order (BPO),
• temporary protection order (TPO) and
• permanent protection order (PPO).
The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing,

personally or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning,

contacting or otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no property rights are violated,
and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered
his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from
the residence, school, place of employment, or any specified place frequented by
the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and
other essential personal effects, regardless of ownership, and directing the
appropriate law enforcement officer to accompany the petitioner to the
residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the

petitioner;

(g) Directing the respondent to provide support to the woman and/or her child
if entitled to legal support. Notwithstanding other laws to the contrary, the
court shall order an appropriate percentage of the income or salary of the
respondent to be withheld regularly by the respondent's employer for the
same to be automatically remitted directly to the woman. Failure to remit
and/or withhold or any delay in the remittance of support to the woman and/or
her child without justifiable cause shall render the respondent or his employer
liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess
a firearm. If the offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take
appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted,

including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner

may need; and

(k) Provision of such other forms of relief as the court deems

necessary to protect and provide for the safety of the petitioner and
any designated family or household member, provided petitioner and
any designated family or household member consents to such relief.
 Protection Orders
• Barangay Protection Orders (BPOs) - refer to the
protection order issued by the Punong
Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of this Act.
BPOs shall be effective for fifteen (15) days.

• Temporary Protection Orders (TPO) - refers to the

protection order issued by the court on the date of
filing of the application after ex parte determination
that such order should be issued and shall be effective
for thirty (30) days.

• Permanent Protection Orders (PPO). – (PPO) refers to

protection order issued by the court after notice and
hearing. A PPO shall be effective until revoked by a
court upon application of the person in whose favor
• SECTION 24. Prescriptive Period. – Acts falling under
Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sections 5(g) to 5(I) shall prescribe in
ten (10) years.
• SECTION 25. Public Crime. – Violence against women
and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by
any citizen having personal knowledge of the
circumstances involving the commission of the crime.
• SECTION 26. Battered Woman Syndrome as a Defense. –
Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur
any criminal and civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal
Code.
• SECTION 43. Entitled to Leave. – Victims under this Act shall
be entitled to take a paid leave of absence up to ten (10) days in
addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity
arises as specified in the protection order.

• SECTION 44. Confidentiality. – All records pertaining to cases

of violence against women and their children including those in
the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect
the right to privacy of the victim. Whoever publishes or causes to
be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without
the latter's consent, shall be liable to the contempt power of the
court.
• Any person who violates this provision shall suffer the penalty of
one (1) year imprisonment and a fine of not more than Five
Hundred Thousand pesos (P500,000.00).
 Documents which may be
Complainant Submitted include:
affidavit of complainant,
files complaint affidavits of witnesses,
Medical Certificate,
Marriage Certificate,
Police Report
, etc.

Police or other law Office of

enforcement agency the Prosecutor
 Police or Conducts case
other law
(build-up
enforcement
investigation)
agency

Office
Files Complaint
Of the with Prosecutor
Prosecutor
 Office
Preliminary
Of the Investigation
Prosecutor

Is there Files
Dismisses Information
probable
Complaint YES with proper
NO cause? court
People vs. Marivic Genosa (G.R. No.
135981, September 29, 2000)

Self defense arising from the BWS main points:“

First, each of the phases of the cycle of violence

must be proven to have characterized at least two
battering episodes between the appellant and her
intimate partner
Second, the final acute battering episode preceding
the killing of the batterer must have produced in the
battered person’s mind an actual fear of an imminent
harm from her batterer and an honest belief that she
needed to use force in order to save her life.

Third, at the time of the killing, the batterer must

have posed probable-not necessarily immediate and
actual—grave harm to the accused, based on the
history if violence perpetrated by the former against
the latter. Taken together, these circumstances could
satisfy the requisites of self-defense”.
• Sharica Mari L. Tan vs. Spouses Perfecto C Tan and Juanita
Tan, G.R. No. 168852, September 30, 2008.
Issue: WON or not Spouses Perfecto Tan and Juanita Tan, the parents-in-
law of Sharica Tan maybe included in the petition for the issuance of
Protection Order, in accordance with RA 9262 where Section 3 thereof
explicitly provides that the offender should be related to the victim only by
marriage, a former marriage, or a dating or sexual relationship?

Held: While Section 3 of RA 9262 provides that the offender be related or

connected to the victim by marriage, former marriage, or a sexual or
dating relationship, it does not preclude the application of the principle of
conspiracy under the RPC. Legal principles developed from the Penal
Code may be applied in a supplementary capacity to crimes
punished under special laws, such as R.A. No. 9262, in which the
special law is silent on a particular matter.
• Norma Del Socorro, for and in behalf of her minor child
Roderigo Norjo Van Wilsem vs. Ernst Johan Brinkman Van
Wilsem. G.R. N193707, December 10, 2014.

• Held: The act of denying support to a child under Section 5(e)(2)

and (i) of R.A. No. 9262 is a continuing offense.

• (Section 5 (e)(2). Depriving or threatening to deprive the woman or her

children of financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support.)
• (Section 5 (i). Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or custody of
minor children of access to the woman's child/children.)
Maria Teresa Tani-dela Fuente v. Rodolfo, G.R. No.
188400, March 08, 2017

Held: Coercive Control is a form of psychological abuse,

which referes to a pattern of behavior mean to dominiate a
partner through different tactics such as physical and sexual
violence, threats, emotional insults and economic
deprivation .
RA 8353-The Anti-rape
Law of 1997
 ART. 335 of the RPC R.A. 8353
AS TO CLASSIFICATION OF RAPE:

• Rape is classified in Book 2 Title • An Act expanding the definition of the crime
11 Crimes Against Chastity of rape and reclassifying it as a Crime
Chapter 2 Rape and Acts of Against Persons by amending the Revised
Lasciviousness Penal Code or “The Anti- Rape Law of 1997”

• It took effect on October 22, 1997

• It classifies rape as a CRIME AGAINST

PERSONS under Title 8 of the RPC and
incorporated into Title 8 is a new chapter to
be known as Chapter 3 on Rape. It makes
rape as a PUBLIC CRIME.
ART. 335 of the RPC R.A. 8353

AS TO WHO CAN COMMIT AND AGAINST

WHOM RAPE MAY BE COMMITTED:

Male against female Male or Female against a male or

female
 ART. 335 of the RPC
AS TO PENALTY:
Punishment for rape: reclusion
perpetua.
When committed with the use of a
deadly weapon or by two or more
persons: reclusion perpetua to death.
When the victim has become insane:
death.
When the rape is attempted or
frustrated and a homicide is
committed: death.
When rape with homicide is
committed: death
R.A. 8353
Punishment for rape: reclusion perpetua.
When committed with the use of a deadly
weapon or by two or more persons:
reclusion perpetua to death.
When the victim has become insane:
RECLUSION PERPETUA TO DEATH.
When THE RAPE IS ATTEMPTED AND A
HOMICIDE IS COMMITTED:
RECLUSION PERPETUA TO DEATH.
When rape with homicide is committed:
death
ART. 335 OF THE RPC R.A. 8353
AS TO PENALTY:

• DEATH PENALTY is imposed

if the crime of rape is
committed with any of the ten
aggravating and qualifying
circumstances in Art. 266-B. It
makes rape a HEINOUS
CRIME.

• Penalty for Anal and Oral

Rape is included.
 ART. 335 OF THE RPC R.A. 8353
AS TO WHEN AND HOW RAPE IS COMMITED:
Rape is commited by having carnal • Circumstances same as the old law
knowledge of a woman under any with the FOLLOWING
of the following: ELEMENTS ADDED:

 By using force or intimidation  use of threat

 When the woman is deprived
of reason or unconscious
 When the woman is under
twelve years of age, even
without force or intimidation
or even if she is not
unconscious
 by means of fraudulent
machination or grave
abuse of authority
 if the offended party is
demented

• Definition of rape was also

expanded to include oral and
anal rape. (SEXUAL ASSAULT)
ART. 335 OF THE RPC R.A. 8353

OTHER SALIENT FEATURES:

• There is a provision on the effect of

pardon of the offended party under
Art. 266-C

• There is a provision on presumptions

under Art. 266- D

• It makes marital rape punishable.

• “Rape shield rule” is also included.

ARTICLE 266-A. RAPE: WHEN AND HOW COMMITTED.
Rape is committed:

1) By a man who shall have carnal knowledge of a woman under any of the
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances mentioned above be
present.
2) By any person who, under any of the circumstances mentioned in par. 1
hereof, shall commit an act of sexual assault by inserting his penis into
another person's mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
 ELEMENTS UNDER PAR. 1 OF 266-A
(RAPE BY SEXUAL INTERCOURSE)
1. That the offender is a man;
2. That the offender had carnal knowledge of a woman; and
3. That such act is accomplished under any of the following
circumstances:
a. By using force, threat or intimidation; or
b. When the woman is deprived of reason
or otherwise unconscious; or
c. By means of fraudulent machination or grave abuse of
authority; or
d. When the offended party is under twelve (12) years
of age or is demented
 ELEMENTS UNDER PAR. 2 OF 266-A
(RAPE BY SEXUAL ASSAULT)

1. That the offender commits an act of sexual assault;

2. That the act of sexual assault is committed by any of the following
means:

a. By inserting his penis into another person’s mouth or anal

orifice; or
b. By inserting any instrument or object into the genital or anal
orifice of another person.

3. That the act of sexual assault is accomplished under any of the

following circumstances:
a. By using force, threat or intimidation; or
b. When the woman is deprived of reason or otherwise unconscious;
or
c. By means of fraudulent machination or grave abuse of authority; or
d. When the offended party is under twelve (12) years of age or is
demented
IMPORTANT POINTS TO
REMEMBER
• PAR. 1: RAPE BY SEXUAL INTERCOURSE
The contact of male penis with the woman’s vagina is referred to as
“rape by sexual intercourse.”

There must be sexual intercourse.

People vs. Selfaison, et al.G.R. No. L-14732, January 28, 1961
Penetration, even partial, is necessary. The slightest penetration is
enough. Proof of emission is not necessary.
People vs. Nula and People vs. Canastre, G.R. No. L-2055,
December 24, 1948
The absence of spermatozoa in the vagina does not negative rape.
 People vs. Navarro,G. R. No. 137597. October 24, 2003

Touching when applied to rape cases does not simply mean

mere epidermal contact, or stroking or grazing of organs, a slight
brush or scrape of penis on the external layer of the victim’s vagina,
or the mons pubis as the case may be. There must be SUFFICIENT
AND CONVINCING PROOF that the penis indeed touched the labias
or slid into the female organ, and not merely stroked the external
surface thereof, for an accused to be convicted of CONSUMMATED
RAPE. Hence, the conclusion that touching the labia majora or labia
minora of the pundendum constitutes consummated rape.
Only one of the four circumstances
mentioned in par. 1 is sufficient.

If force or intimidation is employed by the

offender, it is not necessary that the woman is
unconscious when he had carnal knowledge of
her.
 • PAR. 2: RAPE BY SEXUAL ASSAULT
The sexual abuse under par. 2 is categorized as “rape
through sexual assault.”

A violation of the body orifices by the fingers is

within the expanded definition of rape under
R.A. 8353
Obana vs. Hon. Soriano, et al., G.R. No. L-18081
Finger is included within the contemplation of “object” in
par. 2 of 266-A.
 People vs. Soriano
{G.R. No. 142779-95. August 29, 2002]

The appellant is guilty of rape through

sexual assault when he inserted his finger
into the vagina of victim. Thus, making an
insertion of any instrument, object, or any
part of the human body other than the
sexual organ into the genital or anus of
another person is rape and not merely acts
of lasciviousness.
 • BY USING FORCE AND INTIMIDATION
Degree of force necessary to constitute rape.
People vs. Lago
A verbal refusal alone will not do. There must be a
physical struggle on the part of the victim, taxing
her powers to the utmost. Thus, mere initial
resistance of the offended part in rape cases is not
the manifest and tenacious resistance that the law
requires.
• MORAL ASCENDANCY OR INFLUENCE HELD
TO SUBSTITUTE FOR THE ELEMENT OF
PHYSICAL FORCE OR INTIMIDATION.

The court has applied this rule to rapes committed

by:
a. fathers against their daughters
b. stepfathers against their stepdaughters
c. a godfather against his goddaughter
d. uncles against their nieces
e. the first cousin of the victim’s mother
When the offender in rape has an ascendancy or
influence over the girl, it is not necessary that
she put up a determined resistance

People vs. Rinion

The kind of force, violence, threat or intimidation as
between father and daughter need not be of such
nature and degree as would be required in other
cases, for the father in this instance exercises strong
and moral and physical influence and control over
his daughter.
• CONSUMMATED RAPE
For consummation of the crime of rape, it is not essential that
there be complete penetration of the female organ; neither it is
essential that there be a rupture of hymen. The slightest
penetration of labia consummates the crime of rape.

• THERE IS NO CRIME OF FRUSTRATED RAPE.

In the crime of rape, from the moment the offender has carnal
knowledge of his victim, he actually attains his purpose and
from that moment also, all essential elements of the offense
have been accomplished. Thus, the felony is consummated.
ATTEMPTED RAPE
Necessarily, rape is attempted if there is no penetration of the female
organ because not all acts of execution was performed. The offender
merely commenced the commission of a felony directly by overt acts.

Resignation to consummated act is not consent

Taking advantage of the fact that the woman was asleep, the accused
entered upon the commission of the act. When prosecuted for rape, the
accused stated that the victim consented because when she woke up
she made no resistance. SC held that the crime has already been
consummated and the offended party’s final consent, after she realized
the outrage perpetrated against her, is not of the character to exclude
the crime of rape.
 STATUTORY RAPE: WHEN THE GIRL IS UNDER 12
YEARS OF AGE

Where the offended party is less than 12 years of

age, rape is committed although she consented to
the sexual act. It is also committed even if the girl
under 12 years old is a prostitute.

NOTE: The law does not consider the consent

voluntary, as the offended party under 12 years of
age cannot have a will of her own.
 • CHARACTER OF THE OFFENDED WOMAN IS
IMMATERIAL IN RAPE (RAPE SHIELD RULE)
The fact that the offended party may have been an
unchaste character constitutes no defense in the charge
of rape, provided that the illicit relations were committed
force and violence, etc.

• MULTIPLE RAPE BY 2 OR MORE OFFENDERS

People vs. Villa
Each of the four defendants who raped the victim, having
conspired with the others to rape her, is responsible not
only for the crime committed personally by him by him,
but also for those of others, because each sexual
intercourse was consummated separately and
independently from that had by each of the others.
 REPUBLIC ACT NO.
9165
"Comprehensive
Dangerous Drugs Act of
2002”
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 8. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.

The penalty of life imprisonment to death and a fine ranging Five

hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall engage in the manufacture of any
dangerous drug.
Sec. 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.
Sec. 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.
Sec. 11. Possession of Dangerous Drugs

The penalty of twelve (12) years and one (1) day to twenty (20)
years or 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 regardless of
the degree of purity thereof.
Section 11 – Possession of
Dangerous Drugs

Elements of Section 11:

1. The accused is in possession of an item or
object which is identified to be a prohibited drug;
2. Such possession is not authorized by law;
3. The accused freely and consciously possessed
the said drug.
A. Life imprisonment to death and fine of
P500,000 to P10,000,000: (MoMOCHA)
Morphine 10 Grams or more

Marijuana resin or marijuana oil 10 Grams or more

Opium 10 Grams or more

Cocaine or cocaine hydrochloride 10 Grams or more

Heroin 10 Grams or more

All others 10 Grams or more

Methamphetamine Hydrochloride or 50 Grams or more

“shabu
Marijuana 500 Grams or more
B. Life imprisonment and fine of P400,000 to
P500,000

Methamphetamine 10 to less than 50

Hydrochloride or grams
“shabu”
C. Imprisonment of 20 years and 1 day to
life imprisonment and fine of P400,000 to
P500,000
MoMOCHA and shabu 5 to less than 10 grams

Marijuana 300 to less than 500

grams
D. Imprisonment of 12 years and 1 day to 20
years and fine of P300,000 to P400,000

MoMOCHA and shabu less than 5 grams

Marijuana Less than 300 grams

Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.

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.
Sec. 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof
The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who shall
plant, cultivate or culture marijuana, opium poppy or any other
plant regardless of quantity, which is or may hereafter be
classified as a dangerous drug or as a source from which any
dangerous drug may be manufactured or derived.
Sec. 18. Unnecessary Prescription of
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) 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.
Sec. 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.
Sec. 21. Custody and Disposition of Confiscated,
Seized, and/or Surrendered Dangerous Drugs
The PDEA shall take charge and have custody of all dangerous
drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for
proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the
drugs shall, IMMEDIATELY AFTER SEIZURE AND
CONFISCATION,
physically INVENTORY and PHOTOGRAPH the same in the
presence of the
• accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel,
• a representative from the media and the
• Department of Justice (DOJ), and
• any elected public official
who shall be required to sign the copies of the inventory and be
given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as
instruments/paraphernalia and/or
laboratory equipment, the same shall be
submitted to the PDEA Forensic
Laboratory for a qualitative and
quantitative examination;
 Sec. 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.
Sec. 27. Criminal Liability of a Public Officer or
Employee for Misappropriation, Misapplication
or Failure to Account for the Confiscated

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.
 Sec. 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.

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.
 Illegal Possession of
Firearms (As amended by
R.A. 8294 and R.A. 10591)
 Firearms Laws enacted since 1907

• Act No. 1780 – An Act to Regulate the Importation,

Acquisition, and Transfer of Firearms and to Prohibit
the Possession of Same Except in Compliance with
the Provisions of this Act
• EO No. 712 – included air rifles and air pistols as
firearms
• PD No. 1866 – enacted and codified all laws
relating to firearms and ammunition (1983)
• RA No 8294 – enacted and amended PD 1866
(1997)
• RA 10591 – Comprehensive Firearms and
Ammunition Regulation Act (2013)
• RA 10591 repealed Sections
1,2,5, and 7 of PD No. 1866
and Section 6 of RA No. 8294
 Classes of Light Weapons
• Class-A Light weapons which refer to self-loading
pistols, rifles and carbines, submachine guns, assault
rifles and light machine guns not exceeding caliber
7.62MM which have fully automatic mode; and
• Class-B Light weapons which refer to weapons
designed for use by two (2) or more persons serving
as a crew, or rifles and machine guns exceeding
caliber 7.62MM such as heavy machine guns,
handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-
tank guns, recoilless rifles, portable launchers of anti-
tank missile and rocket systems, portable launchers of
anti-aircraft missile systems, and mortars of a caliber
of less than 1OOMM.
• In Orceo v. Comelec, G.R. No. 190779
(March 26, 2010), the Supreme Court has
upheld the resolution of the Commission on
Elections in including airsoft guns during the
election period gun ban, which prohibits the
possession and transport of firearms during
the election period even if the person
possessing or transporting them is licensed
to possess or carry firearms.
 Requirements for Possession of
Firearms
• It is illegal to own or possess firearms including
their ammunitions without license. A person with a
license to possess firearm alone cannot carry or
transport a firearm outside of his/her residence.
He/she must additionally have a license to carry
firearm (issued by PNP Chief).
• With respect to PNP and military personnel, their
authority to possess and carry firearms are covered
by mission orders issued by their respective
commanders or superiors.
• Subject to certain exceptions such
as those involving police and
military personnel on duty, the
carrying or transporting of firearms
during election period is prohibited
even by licensed holders.
 Elements of the crime of Illegal Possession of
Firearms under RA 8294 and RA 10591
• the existence of subject firearm; and
• the fact that the accussed who possessed or owned the
same does not have the corresponding license for it.

* Ownership is not an essential element, what the law

requires is merely possession either actual physical
possession or construtictive possession. ( Arnulfo Jacaban, G.R.
No. 184355, Mach 22, 2015
Standards and Requisites for Issuance of and
Obtaining a License to Own and Possess
Firearms
• Applicant must be a Filipino citizen
• At least 21 years old
• Has gainful work, occupation or business
• Has filed an ITR for the preceding year as
proof of income, profession, business or
occupation
Additional Requirements to Own and Possess
Firearms
(a) The applicant has not been convicted of any crime
involving moral turpitude;
(b) The applicant has passed the psychiatric test administered
by a PNP-accredited psychologist or psychiatrist;
(c) The applicant has passed· the drug test conducted by an
accredited and authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is
administered by the PNP or a registered and authorized
gun club;
(e) The applicant has filed in writing the application to
possess a registered firearm which shall state the personal
circumstances of the applicant;
(f) The applicant must present a police clearance from city or
municipality police office; and
(g) The applicant has not been convicted or is currently an
accused in a pending criminal case before any court of law
for a crime that is punishable with a penalty of more than
two (2) years.
Ownership of Firearms and Ammunition
by a Juridical Entity, conditions:
(a)It must be Filipino-owned and duly
registered with the Securities and Exchange
Commission (SEC);
(b)It is current, operational and a continuing
concern;
(c)It has completed and submitted all its
reportorial requirements to the SEC; and
(d)It has paid all its income taxes for the year,
as duly certified by the Bureau of Internal
Revenue.
 Ownership of Firearms by the National
Government
• All firearms owned by the National Government
shall be registered with the FEO of the PNP in the
name of the Republic of the Philippines.
• Such registration shall be exempt from all duties
and taxes that may otherwise be levied on other
authorized owners of firearms. For reason of
national security, firearms of the Armed Forces of
the Philippines (AFP), Coast Guard and other law
enforcement agencies shall only be reported to the
FEO of the PNP.
Professionals qualified to carry firearms
outside of residence or place of
business
Following professionals are considered to be in imminent
danger due to the nature of their profession, occupation
or business:
• Members of the Philippine Bar
• Certified Public Accountants
• Accredited Media Practitioners
• Cashiers, Bank Tellers
• Priests, Ministers, Rabbi/Imams
• Physicians and Nurses
• Engineers
• Businessmen who, by the nature of their business or
undertaking, are exposed to high risk of being targets of
criminal elements
 Licenses Issued to Individuals
• Type 1 license – allows a citizen to own and possess a
maximum of two (2) registered firearms;
• Type 2 license – allows a citizen to own and possess a
maxim um of five (5) registered firearms;
• Type 3 license – allows a citizen to own and possess a
maximum of ten (10) registered firearms;
• Type 4 license – allows a citizen to own and possess a
maximum of fifteen (15) registered firearms; and
• Type 5 license – allows a citizen, who is a certified gun
collector, to own and possess more than fifteen (15)
registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by
lock and key or other security measures for the
safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the
 Renewal of Licenses and Registration

• All types of licenses to possess a firearm shall be

renewed every two (2) years: Failure to renew the
license on or before the date of its expiration shall
cause the revocation of the license and of the
registration of the firearm/s under said licensee.
• The registration of the firearm shall be renewed
every four (4) years. Failure to renew the
registration of the firearm on or before the date of
expiration shall cause the revocation of the
license of the firearm. The said firearm shall be
confiscated or forfeited in favor of the government
after due process.
• The failure to renew a license or registration
within the periods stated above on two (2)
occasions shall cause the holder of the
firearm to be perpetually disqualified from
applying for any firearm license. The
application for the renewal of the license or
registration may be submitted to the FEO of
the PNP within six (6) months before the date
of the expiration of such license or
registration.
 Death or Disability of Licensee
• Upon the death or legal disability of the holder of a
firearm license, it shall be the duty of his/her next of
kin, nearest relative, legal representative, or other
person who shall knowingly come into possession of
such firearm or ammunition, to deliver the same to
the FEO of the PNP or Police Regional Office, and
such
firearm or ammunition shall be retained by the police
custodian pending the issuance of a license and its
registration in accordance with this Act. The failure to
deliver the firearm or ammunition within six (6)
months after the death or legal disability of the
licensee shall render the possessor liable for illegal
possession of the firearm.
 PENAL PROVISIONS
a. Prision mayor (medium period) – unlawful
acquisition or possession of a small arm
b. Reclusion temporal to reclusion perpetua – if 3
or more arms of Class-A light weapons are
unlawfully acquired or possessed
c. Prision mayor (maximum period) – unlawful
acquisition or possession of a Class-A light
weapon
d. Reclusion perpetua –unlawful acquisition or
possession of a Class-B light weapon
e. Penalty of 1 degree higher than that provided in
paragraphs (a) to (c) shall be imposed for
unlawful possession of any firearm under any or
combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded
magazine;
(2) Fitted or mounted with laser or any gadget used to
guide the shooter to bit the target such as thermal
weapon. sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler
or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic
bursts.
f) Prision mayor (minimum) – unlawful acquisition or
possession of a major part of a small arm
g) Prision mayor (minimum) -unlawful acquisition or
possession of ammunition for a small arm or Class-A Light
weapon
h) Prision mayor (medium) – unlawful acquisition or
possession of a major part of a Class-A light weapon
i) Prision mayor (medium) – unlawful acquisition or
possession of ammunition for a Class-A light weapon
j) Prision mayor (maximum) – unlawful acquisition or
possession of a major part of a Class-B light weapon
k) Prision mayor (maximum) – unlawful acquisition or
possession of ammunition for a Class-B light weapon
 Absence of Permit to Carry Outside
of Residence

• The penalty of prision correccional and

a fine of Ten thousand pesos
(Pl0,000.00) shall be imposed upon any
person who is licensed to own a firearm
but who shall carry the registered
firearm outside his/her residence
without any legal authority therefor.
Grounds for Revocation, Cancellation or Suspension
of License or Permit
(a) Commission of a crime or offense involving the firearm, ammunition,
or major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where
the penalty carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through
negligence;
(d) Carrying of the firearm, ammunition, or major parts.. thereof outside
of residence or workplace without the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in
prohibited places;
(f) Dismissal for cause from the service in case of government official
and employee;
(g) Commission of any of the acts penalized under Republic Act No.
9165, otherwise known as the “Comprehensive Dangerous Drugs Act of
2002″;
(h) Submission of falsified documents or misrepresentation in the
application to obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
 Use of an Imitation Firearm

• An imitation firearm used in the commission

of a crime shall be considered a real firearm
as defined in this Act and the person who
committed the crime shall be punished in
accordance with this Act: Provided, That
injuries caused on the occasion of the
conduct of competitions, sports, games, or
any recreation activities involving imitation
firearms shall not be punishable under this
Act.
 Failure to Notify Lost or Stolen
Firearm or Light Weapon
• P10,000 imposed upon any licensed firearm
holder who fails to report to the FEO of the
PNP that subject firearm has been lost or
stolen within a period of 30 days from date of
discovery
• P5,000 imposed upon any person holding a
valid firearm license who changes
residence/office address other than that
indicated in the license card and fails within a
period of 30 days from said transfer to notify
the FEO of the PNP
Jurisprudence:

People vs. Diosdado Camat Jr., G.R. NO. 188612, July

30, 2012

Negative Certification from the PNP Firearm and Explosive

Office is an indespendable requirement under RA 8294 and
RA 10591
JURISPRUDENCE;

PINSP Ariel Artillero v. Orlando Casimiro, G.R. NO.

190569. April 25, 2012

Barangay Chairman are authorized by law to possess and

carry any kind of firearm within the area of their jurisdiction
jurisprudence:

People vs. Luisito Garbone, G.R. No. 210710, jULY 27,

2016

Under RA 8294 and RA 10591, when the unlicensed firearm

is used in the commission of Murder or Homicide,
irrespective of whether the homicide is in the consumated,
frustrated or attempted stage, Illegal Possession of Firearm
is NOT punished as a separate offense, but merely as
special aggravating circumstance.
Jurisprudence:

People vs. Teofilo Buyagan, G.R. No. 187773, February

08, 2012.

When the unlicensed firearm is used in furtherance of, or

incident to, or in connection with the crime of rebellion or
insurrection, or attempted coup d'etat, such violation shall
be absorbed as an element of the crime of rebellion or
insurrection or attempted coup d'etat.
Jurisprudence

People vs. Ladjaalam, G.R. No. 136-149-51, September

2000

Under RA 8292, if the unlicensed firearm was used in the

commission of another offense other than Homicide and
Murder, the unlawful possession of firearm is not
aggravating nor punished as a separate offense.
jurisprudence:

Vicente Agote v. Manuel Lorenzo, G.R. NO. 142675, August 22,

2005

The accused can be convicted of simple illegal possession of

firearms, provided no 'other crime was committed by the person
arrested'.
Jurisprudence

Pedro Cupcupin v. People, G.R. No. 132329, November

19, 2002

Under RA 8294 and RA 10591, if the unlicensed firearm

was not actually used in the commission of another crime,
Illegal Possession of Firearms is a separate offense.
RA 3019 or Anti-Graft and Corrupt Practices Act

What is Graft?

Acquisition of gain or advantage by

dishonest, unfair or sordid means
especially through the abuse of one’s
position or influence in politics, business
etc. (Webster’s Dictionary)
RA 3019

What is Corruption?

Dishonest or fraudulent conduct

committed by those in power (IOS 6
Dictionary)
 RA 3019

Constitutional basis of RA 3019

Article XI.
Section 1. Public office is a public trust.
Public officers and employees must at all
times be accountable to the people, serve
them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.
 RA 3019

RA 6770 (Ombudsman Act of 1989)

Section 2. The State shall maintain

honesty and integrity in the public service
and take positive and effective measures
against graft and corruption.
Definition of Terms
(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.
Definition of Terms

(e) "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.
Persons Liable
Applies to both PUBLIC OFFICERS AND PRIVATE
PERSONS

"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. (Sec. 2 (b), RA 3019)
"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. Sec. 3
(b), RA 6713
Persons Liable
Characteristics of Public Office

•Delegation of sovereign functions (legislative,

executive, judicial and of the State to an individual
•Exercised for a time being
•For the benefit of the public.
“in relation to office”
Inherent in the prohibited acts provided under RA 3019
Persons Liable

Private Persons

Liability attaches when the private persons acts in

conspiracy with public officer

Conspiracy
“the act of one is the act of all”
Unity of purpose & unity in the execution

Requisites:
1. Two or more persons came to an agreement.
2. The agreement is to commission of felony.
3. The commission of the felony is decided upon.
Influence Peddling & Family Ties
Section 4, RA 3019 – Prohibition on Private
Individuals
Act or acts of using one’s influence in government or
connections with persons in authority in order to obtain a
favor or preferential treatment for another person in return
for material remuneration.

WHO ARE INVOLVED

1. Person having some business, transaction, application,
request or contract with the government
2. Public officer who intervenes with business, transaction,
application, request or contract
3. Influence peddler (private person)
Influence Peddling & Family Ties
Section 4 (b), RA 3019 – Prohibition on Private
Individuals
Private person knowingly inducing or causing public
officers to commit any of the prohibited acts are also
liable
Statement of Assets, Liabilities and Net
Worth
WHEN- within thirty days after the approval of this Act or after assuming
office, and within the month of January of every other year thereafter, as
well as upon the expiration of his term of office, or upon his resignation or
separation from office,

WHERE - file with the office of the corresponding Department Head, or in the
case of a Head of Department or chief of an independent office, with the
Office of the President, or in the case of members of the Congress and the
officials and employees thereof, with the Office of the Secretary of the
corresponding House,

WHAT- 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
statements in the following months of January.
Prohibited Acts

Public Officers - liable

Section 3 (a), RA 3019

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,

Allowing himself to be persuaded, induced, or

influenced to commit such violation or offense.
Prohibited Acts
Public Officers - liable

Section 3 (b), RA 3019

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.
Prohibited Acts
Public Officers - liable

Section 3 (c), RA 3019

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

Prohibited Acts
Public Officers - liable

Section 3 (d), RA 3019

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.
Prohibited Acts
Public Officers - liable

Section 3 (e), RA 3019

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.
Prohibited Acts
Elements:

•The accused must be a public officer discharging

administrative, judicial or official functions;

•He must have acted with manifest partiality, evident bad

faith or gross inexcusable negligence; and

•That 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. (Cabrera et al. v.
Sandiganbayan 244 SCRA 224)
Prohibited Acts
Undue injury -
to mean actual damage, similar to that in civil law. Thus, it
is required that the undue injury be specified, quantified
and proven to the point of moral certainty. (Buyagao v. Karon
et al. G.R. No. 162938. Dec. 27, 2007; Llorente v. Sandiganbayan
350 Phil. 820)

Partiality is synonymous with “bias” which ‘excites a

disposition to see and report matters as they are wished
for rather than as they are
Prohibited Acts
Bad faith imputes a dishonest purpose or some more or
some moral obliquity and conscious doing of a wrong; a
breach of sworn duty through some motive or intent or ill
will; it partakes of the nature of fraud.

Gross Negligence

characterized by want of even slight care, acting or

omitting to act in a situation where there is a duty to act,
not inadvertently but willfully and intentionally with a
conscious indifference to consequences in so far as
other persons may be affected
(Fonacier et al. v. Sandiganbayan 238 SCRA 655)
Prohibited Acts

Section 3 (f), RA 3019

Neglecting or refusing, after due demand or request,
without sufficient justification, to act directly or indirectly
within a reasonable time on any matter pending before him

for the purpose of obtaining, 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.
Prohibited Acts

Section 3 (g), RA 3019

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.
“manifestly and grossly disadvantageous” – based on standard set for
each particular case

Overpricing as an indication but depends on the standard to be

determined from the evidence presented by the Prosecution

Curious case of “Walis Tingting” MARQUEZ V. SANDIGANBAYAN

Prohibited Acts

Section 3 (h), RA 3019

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

Prohibited by the Constitution or by any law from having

any interest
Prohibited Acts
Section 3 (i), RA 3019

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.
Prohibited Acts
Section 3 (j), RA 3019

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.
Prohibited Acts
Section 3 (k), RA 3019

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.
Penalties
Section 9, RA 3019

Violations of Section 3, 4, 5 and 6

Imprisonment for not less than one year nor more than ten years,
perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and
unexplained wealth manifestly out of proportion to his salary and
other lawful income.
Violations of Section 7
fine of not less than one hundred pesos nor more than one thousand
pesos, or by imprisonment not exceeding one year, or by both such
fine and imprisonment, at the discretion of the Court.
Penalties
Administrative Penalties

Principal Penalty - Dismissal from the service

Accessory Penalties – forfeiture of retirement benefits,
disqualification to hold public office and cancellation of
civil service eligibility
Suspension and loss of benefits

Any public officer against whom any criminal

prosecution under a valid information under this Act or
under the provisions of the Revised Penal Code on
bribery is pending in court, shall be suspended from
office. Should he be convicted by final judgment, he
shall lose all retirement or gratuity benefits under any
law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits which
he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed
against him.
Effect of pendency of investigation and
prosecution
Section 13

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

Prescription of offense
Section 14
All offenses punishable under this Act shall
prescribe in ten years.
Thank you!