S P E C IA L P E N A L L AW S

SPECIAL PENAL LAWS SPECIAL LAWS

• LAWS THAT DEFINE AND PENALIZE CRIME NOT INCLUDED IN THE RPC.
• IN GENERAL WHEN THE CRIME IS PUNISHED BY A SPECIAL LAW, AS A RULE, INTENT TO
COMMIT THE CRIME IS NOT NECESSARY. IT IS SUFFICIENT THAT THE OFFENDER HAS THE
INTENT TO PERPETRATE THE ACT PROHIBITED BY THE SPECIAL LAW. IN INTENT TO
COMMIT THE CRIME, THERE MUST BE CRIMINAL INTENT; IN INTENT TO PERPETRATE THE
ACT, IT IS ENOUGH THAT THE PROHIBITED ACT IS DONE FREELY AND CONSCIOUSLY.
(ELENITA C. FAJARDO VS. PEOPLE, G.R. NO.190889, JANUARY 10, 2011
 REPUBLIC ACT NO. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES.
KNOWN AS THE
"JUVENILE JUSTICE AND
WELFARE ACT OF 2006."

COVERS THE DIFFERENT

STAGES INVOLVING
CHILDREN AT RISK AND
CHILDREN IN CONFLICT
WITH THE LAW FROM
PREVENTION TO
REHABILITATION AND
REINTEGRATION.
 DEFINITION OF TERMS
• "CHILD" REFERS TO A PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS.

• "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;
DEFINITION OF TERMS
(6) BEING A STREET CHILD;
(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.
 DEFINITION OF TERMS
• "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.

• "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.

• "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.

• “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.
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;
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:

(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;
SEC. 5. RIGHTS OF THE CHILD IN CONFLICT WITH THE
LAW.
(J) THE RIGHT TO BE IMPOSED A JUDGMENT IN PROPORTION TO THE GRAVITY OF THE OFFENSE WHERE HIS/HER BEST INTEREST, THE RIGHTS OF
THE VICTIM AND THE NEEDS OF SOCIETY ARE ALL TAKEN INTO CONSIDERATION BY THE COURT, UNDER THE PRINCIPLE OF RESTORATIVE JUSTICE;

(K) THE RIGHT TO HAVE RESTRICTIONS ON HIS/HER PERSONAL LIBERTY LIMITED TO THE MINIMUM, AND WHERE DISCRETION IS GIVEN BY LAW
TO THE JUDGE TO DETERMINE WHETHER TO IMPOSE FINE OR IMPRISONMENT, THE IMPOSITION OF FINE BEING PREFERRED AS THE MORE
APPROPRIATE PENALTY;

(I) IN GENERAL, THE RIGHT TO AUTOMATIC SUSPENSION OF SENTENCE;

(M) THE RIGHT TO PROBATION AS AN ALTERNATIVE TO IMPRISONMENT, IF QUALIFIED UNDER THE PROBATION LAW;

(N) THE RIGHT TO BE FREE FROM LIABILITY FOR PERJURY, CONCEALMENT OR MISREPRESENTATION; AND

(O) OTHER RIGHTS AS PROVIDED FOR UNDER EXISTING LAWS, RULES AND REGULATIONS.
• SEC. 6. MINIMUM AGE OF CRIMINAL RESPONSIBILITY. - A CHILD FIFTEEN (15) YEARS OF AGE OR UNDER AT
THE TIME OF THE COMMISSION OF THE OFFENSE SHALL BE EXEMPT FROM CRIMINAL LIABILITY. HOWEVER,
THE CHILD SHALL BE SUBJECTED TO AN INTERVENTION PROGRAM PURSUANT TO SECTION 20 OF THIS ACT.

• A CHILD ABOVE FIFTEEN (15) YEARS BUT BELOW EIGHTEEN (18) YEARS OF AGE SHALL LIKEWISE BE EXEMPT
FROM CRIMINAL LIABILITY AND BE SUBJECTED TO AN INTERVENTION PROGRAM, UNLESS HE/SHE HAS
ACTED WITH DISCERNMENT, IN WHICH CASE, SUCH CHILD SHALL BE SUBJECTED TO THE APPROPRIATE
PROCEEDINGS IN ACCORDANCE WITH THIS ACT.

• THE EXEMPTION FROM CRIMINAL LIABILITY HEREIN ESTABLISHED DOES NOT INCLUDE EXEMPTION FROM
CIVIL LIABILITY, WHICH SHALL BE ENFORCED IN ACCORDANCE WITH EXISTING LAWS.
SEC. 21. PROCEDURE FOR TAKING THE CHILD
INTO CUSTODY. - FROM THE MOMENT A
CHILD IS TAKEN INTO CUSTODY, THE LAW
ENFORCEMENT OFFICER SHALL:
(A) EXPLAIN TO THE CHILD IN SIMPLE LANGUAGE AND IN A DIALECT THAT HE/SHE CAN UNDERSTAND
WHY HE/SHE IS BEING PLACED UNDER CUSTODY AND THE OFFENSE THAT HE/SHE ALLEGEDLY
COMMITTED;

(B) INFORM THE CHILD OF THE REASON FOR SUCH CUSTODY AND ADVISE THE CHILD OF HIS/HER
CONSTITUTIONAL RIGHTS IN A LANGUAGE OR DIALECT UNDERSTOOD BY HIM/HER;

(E) PROPERLY IDENTIFY HIMSELF/HERSELF AND PRESENT PROPER IDENTIFICATION TO THE CHILD;

(D) REFRAIN FROM USING VULGAR OR PROFANE WORDS AND FROM SEXUALLY HARASSING OR ABUSING,
OR MAKING SEXUAL ADVANCES ON THE CHILD IN CONFLICT WITH THE LAW;

(E) AVOID DISPLAYING OR USING ANY FIREARM, WEAPON, HANDCUFFS OR OTHER INSTRUMENTS OF
FORCE OR RESTRAINT, UNLESS ABSOLUTELY NECESSARY AND ONLY AFTER ALL OTHER METHODS OF
CONTROL HAVE BEEN EXHAUSTED AND HAVE FAILED;
SEC. 21. PROCEDURE FOR TAKING THE CHILD INTO
CUSTODY. - FROM THE MOMENT A CHILD IS TAKEN
INTO CUSTODY, THE LAW ENFORCEMENT OFFICER
SHALL:
(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;
SEC. 21. PROCEDURE FOR TAKING THE CHILD INTO
CUSTODY. - FROM THE MOMENT A CHILD IS TAKEN
INTO CUSTODY, THE LAW ENFORCEMENT OFFICER
SHALL:
(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.
RE P U B L I C A C T N O . 9 2 62
T W OM E N A ND TH EIR
TI -V I OLENCE AG A INS
AN T OF 2004
CH I LDR E N A C
DEFINITION OF TERMS
• "VIOLENCEAGAINST 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:
DEFINITION OF TERMS
A. "PHYSICAL VIOLENCE" REFERS TO ACTS THAT INCLUDE BODILY OR PHYSICAL HARM;

B. "SEXUAL VIOLENCE" REFERS TO AN ACT WHICH IS SEXUAL IN NATURE, COMMITTED AGAINST A WOMAN
OR HER CHILD. IT INCLUDES, BUT IS NOT LIMITED TO:

A) RAPE, SEXUAL HARASSMENT, ACTS OF LASCIVIOUSNESS, TREATING A WOMAN OR HER CHILD

AS A SEX OBJECT, MAKING DEMEANING AND SEXUALLY SUGGESTIVE REMARKS, PHYSICALLY
ATTACKING THE SEXUAL PARTS OF THE VICTIM'S BODY, FORCING HER/HIM TO WATCH
OBSCENE PUBLICATIONS AND INDECENT SHOWS OR FORCING THE WOMAN OR HER CHILD TO DO
INDECENT ACTS AND/OR MAKE FILMS THEREOF, FORCING THE WIFE AND MISTRESS/LOVER TO
LIVE IN THE CONJUGAL HOME OR SLEEP TOGETHER IN THE SAME ROOM WITH THE ABUSER;

B) ACTS CAUSING OR ATTEMPTING TO CAUSE THE VICTIM TO ENGAGE IN ANY SEXUAL

ACTIVITY BY FORCE, THREAT OF FORCE, PHYSICAL OR OTHER HARM OR THREAT OF PHYSICAL
OR OTHER HARM OR COERCION;

C) PROSTITUTING THE WOMAN OR CHILD.

 DEFINITION OF TERMS
"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.
DEFINITION OF TERMS
• "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.
DEFINITION OF TERMS
• "BATTERY" REFERS TO AN ACT OF INFLICTING PHYSICAL HARM UPON THE WOMAN OR HER CHILD RESULTING TO THE PHYSICAL AND
PSYCHOLOGICAL OR EMOTIONAL DISTRESS.

• "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.

• "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.

• "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.
 U B L IC A C T N O. 8 0 4 9 A S
REP
A M E N D E D B Y R . A . 1 1 05 3
ANTI HAZING LAW
• HAZING REFERS TO ANY ACT THAT RESULTS IN PHYSICAL OR PSYCHOLOGICAL SUFFERING, HARM, OR
INJURY INFLICTED ON A RECRUIT, NEOPHYTE, APPLICANT, OR MEMBER AS PART OF AN INITIATION RITE OR
PRACTICE MADE AS A PREREQUISITE FOR ADMISSION OR A REQUIREMENT FOR CONTINUING
MEMBERSHIP IN A FRATERNITY, SORORITY, OR ORGANIZATION INCLUDING, BUT NOT LIMITED TO
PADDLING, WHIPPING, BEATING, BRANDING, FORCED CALISTHENICS, EXPOSURE TO THE WEATHER,
FORCED CONSUMPTION OF ANY FOOD, LIQUOR, BEVERAGE, DRUG OR OTHER SUBSTANCE, OR ANY OTHER
BRUTAL TREATMENT OR FORCED PHYSICAL ACTIVITY WHICH IS LIKELY TO ADVERSELY AFFECT THE
PHYSICAL AND PSYCHOLOGICAL HEALTH OF SUCH RECRUIT, NEOPHYTE, APPLICANT, OR MEMBER. THIS
SHALL ALSO INCLUDE ANY ACTIVITY, INTENTIONALLY MADE OR OTHERWISE, BY ONE PERSON ALONE OR
ACTING WITH OTHERS, THAT TENDS TO HUMILIATE OR EMBARRASS, DEGRADE, ABUSE, OR ENDANGER, BY
REQUIRING A RECRUIT, NEOPHYTE, APPLICANT, OR MEMBER TO DO MENIAL, SILLY, OR FOOLISH TASKS.
 • "INITIATION” OR INITIATION RITES REFER TO CEREMONIES, PRACTICES, RITUALS, OR
OTHER ACTS, WEATHER FORMAL OR INFORMAL, THAT A PERSON MUST PERFORM OR
TAKE PART IN ORDER TO BE ACCEPTED INTO FRATERNITY, SORORITY, ORGANIZATION AS
A FULL-FLEDGED MEMBER. IT INCLUDES CEREMONIES PRACTICES , RITUALS, AND OTHER
ACTS IN ALL STAGES OF MEMBERSHIP IN A FRATERNITY, SORORITY, OR ORGANIZATION.

• “ORGANIZATION” REFERS TO AN ORGANIZED BODY OF PEOPLE WHICH INCLUDES, BUT IT

IS NOT LIMITED TO, ANY CLUB, ASSOCIATION, GROUP, FRATERNITY, AND SORORITY. THIS
TERM SHALL INCLUDE THE ARMED FORCES OF THE PHILIPPINES (AFP), THE PHILIPPINE
NATIONAL POLICE (PNP), THE PHILIPPINE MILITARY ACADEMY (PMA), THE PHILIPPINE
NATIONAL POLICE ACADEMY (PNPA), AND OTHER SIMILAR UNIFORMED SERVICE
LEARNING INSTITUTIONS.
REP U B L I C A C T N O . 1 0 1 7 5
E VE NTION ACT OF 201 2
CYBERCRIME PR
PUNISHABLE ACTS
• SEC. 4. CYBERCRIME OFFENSES. — THE FOLLOWING ACTS CONSTITUTE THE OFFENSE OF CYBERCRIME PUNISHABLE UNDER THIS ACT:
(A) OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY OF COMPUTER DATA AND SYSTEMS:
(1) ILLEGAL ACCESS. – THE ACCESS TO THE WHOLE OR ANY PART OF A COMPUTER SYSTEM WITHOUT RIGHT.
(2) ILLEGAL INTERCEPTION. – THE INTERCEPTION MADE BY TECHNICAL MEANS WITHOUT RIGHT OF ANY NON-PUBLIC TRANSMISSION OF
COMPUTER DATA TO, FROM, OR WITHIN A COMPUTER SYSTEM INCLUDING ELECTROMAGNETIC EMISSIONS FROM A COMPUTER SYSTEM
CARRYING SUCH COMPUTER DATA.
(3) DATA INTERFERENCE. — THE INTENTIONAL OR RECKLESS ALTERATION, DAMAGING, DELETION OR DETERIORATION OF COMPUTER DATA,
ELECTRONIC DOCUMENT, OR ELECTRONIC DATA MESSAGE, WITHOUT RIGHT, INCLUDING THE INTRODUCTION OR TRANSMISSION OF
VIRUSES.
(4) SYSTEM INTERFERENCE. — THE INTENTIONAL ALTERATION OR RECKLESS HINDERING OR INTERFERENCE WITH THE FUNCTIONING OF A
COMPUTER OR COMPUTER NETWORK BY INPUTTING, TRANSMITTING, DAMAGING, DELETING, DETERIORATING, ALTERING OR SUPPRESSING
COMPUTER DATA OR PROGRAM, ELECTRONIC DOCUMENT, OR ELECTRONIC DATA MESSAGE, WITHOUT RIGHT OR AUTHORITY, INCLUDING THE
INTRODUCTION OR TRANSMISSION OF VIRUSES.
PUNISHABLE ACTS
• (5) MISUSE OF DEVICES.
(I) THE USE, PRODUCTION, SALE, PROCUREMENT, IMPORTATION, DISTRIBUTION, OR OTHERWISE MAKING
AVAILABLE, WITHOUT RIGHT, OF:
(AA) A DEVICE, INCLUDING A COMPUTER PROGRAM, DESIGNED OR ADAPTED PRIMARILY FOR THE PURPOSE
OF COMMITTING ANY OF THE OFFENSES UNDER THIS ACT; OR
(BB) A COMPUTER PASSWORD, ACCESS CODE, OR SIMILAR DATA BY WHICH THE WHOLE OR ANY PART OF A
COMPUTER SYSTEM IS CAPABLE OF BEING ACCESSED WITH INTENT THAT IT BE USED FOR THE PURPOSE OF
COMMITTING ANY OF THE OFFENSES UNDER THIS ACT.
(II) THE POSSESSION OF AN ITEM REFERRED TO IN PARAGRAPHS 5(I)(AA) OR (BB) ABOVE WITH INTENT TO
USE SAID DEVICES FOR THE PURPOSE OF COMMITTING ANY OF THE OFFENSES UNDER THIS SECTION.
PUNISHABLE ACTS
CYBER-SQUATTING. – THE ACQUISITION OF A DOMAIN NAME OVER
THE INTERNET IN BAD FAITH TO PROFIT, MISLEAD, DESTROY
REPUTATION, AND DEPRIVE OTHERS FROM REGISTERING THE
SAME, IF SUCH A DOMAIN NAME IS:
(i) SIMILAR, IDENTICAL, OR CONFUSINGLY SIMILAR TO AN
EXISTING TRADEMARK REGISTERED WITH THE
APPROPRIATE GOVERNMENT AGENCY AT THE TIME OF THE
DOMAIN NAME REGISTRATION:
(ii) (II) IDENTICAL OR IN ANY WAY SIMILAR WITH THE NAME OF
A PERSON OTHER THAN THE REGISTRANT, IN CASE OF A
PERSONAL NAME; AND
(iii)(III) ACQUIRED WITHOUT RIGHT OR WITH INTELLECTUAL
PROPERTY INTERESTS IN IT.
PUNISHABLE ACTS
B) COMPUTER-RELATED OFFENSES:
(1) COMPUTER-RELATED FORGERY. —
(I) THE INPUT, ALTERATION, OR DELETION OF ANY COMPUTER DATA WITHOUT RIGHT RESULTING IN
INAUTHENTIC DATA WITH THE INTENT THAT IT BE CONSIDERED OR ACTED UPON FOR LEGAL PURPOSES
AS IF IT WERE AUTHENTIC, REGARDLESS WHETHER OR NOT THE DATA IS DIRECTLY READABLE AND
INTELLIGIBLE; OR
(II) THE ACT OF KNOWINGLY USING COMPUTER DATA WHICH IS THE PRODUCT OF COMPUTER-RELATED
FORGERY AS DEFINED HEREIN, FOR THE PURPOSE OF PERPETUATING A FRAUDULENT OR DISHONEST
DESIGN.
PUNISHABLE ACTS
• (2) COMPUTER-RELATED FRAUD. — THE UNAUTHORIZED INPUT, ALTERATION, OR DELETION
OF COMPUTER DATA OR PROGRAM OR INTERFERENCE IN THE FUNCTIONING OF A COMPUTER
SYSTEM, CAUSING DAMAGE THEREBY WITH FRAUDULENT INTENT: PROVIDED, THAT IF NO
DAMAGE HAS YET BEEN CAUSED, THE PENALTY IMPOSABLE SHALL BE ONE (1) DEGREE
LOWER.

• (3) COMPUTER-RELATED IDENTITY THEFT. – THE INTENTIONAL ACQUISITION, USE, MISUSE,

TRANSFER, POSSESSION, ALTERATION OR DELETION OF IDENTIFYING INFORMATION
BELONGING TO ANOTHER, WHETHER NATURAL OR JURIDICAL, WITHOUT RIGHT: PROVIDED,
THAT IF NO DAMAGE HAS YET BEEN CAUSED, THE PENALTY IMPOSABLE SHALL BE ONE (1)
DEGREE LOWER.
PUNISHABLE ACTS
(C) CONTENT-RELATED OFFENSES:

• (1) CYBERSEX. — THE WILLFUL ENGAGEMENT, MAINTENANCE, CONTROL, OR OPERATION,

DIRECTLY OR INDIRECTLY, OF ANY LASCIVIOUS EXHIBITION OF SEXUAL ORGANS OR SEXUAL
ACTIVITY, WITH THE AID OF A COMPUTER SYSTEM, FOR FAVOR OR CONSIDERATION.

• (2) CHILD PORNOGRAPHY. — THE UNLAWFUL OR PROHIBITED ACTS DEFINED AND

PUNISHABLE BY REPUBLIC ACT NO. 9775 OR THE ANTI-CHILD PORNOGRAPHY ACT OF
2009, COMMITTED THROUGH A COMPUTER SYSTEM: PROVIDED, THAT THE PENALTY TO BE
IMPOSED SHALL BE (1) ONE DEGREE HIGHER THAN THAT PROVIDED FOR IN REPUBLIC ACT
NO. 9775.
PUNISHABLE ACTS
(3) UNSOLICITED COMMERCIAL COMMUNICATIONS. — THE TRANSMISSION OF COMMERCIAL ELECTRONIC
COMMUNICATION WITH THE USE OF COMPUTER SYSTEM WHICH SEEK TO ADVERTISE, SELL, OR OFFER FOR
SALE PRODUCTS AND SERVICES ARE PROHIBITED UNLESS:
(I) THERE IS PRIOR AFFIRMATIVE CONSENT FROM THE RECIPIENT; OR
(II) THE PRIMARY INTENT OF THE COMMUNICATION IS FOR SERVICE AND/OR ADMINISTRATIVE ANNOUNCEMENTS
FROM THE SENDER TO ITS EXISTING USERS, SUBSCRIBERS OR CUSTOMERS; OR
(III) THE FOLLOWING CONDITIONS ARE PRESENT:
(AA) THE COMMERCIAL ELECTRONIC COMMUNICATION CONTAINS A SIMPLE, VALID, AND RELIABLE WAY FOR THE RECIPIENT
TO REJECT. RECEIPT OF FURTHER COMMERCIAL ELECTRONIC MESSAGES (OPT-OUT) FROM THE SAME SOURCE;
(BB) THE COMMERCIAL ELECTRONIC COMMUNICATION DOES NOT PURPOSELY DISGUISE THE SOURCE OF THE ELECTRONIC
MESSAGE; AND
(CC) THE COMMERCIAL ELECTRONIC COMMUNICATION DOES NOT PURPOSELY INCLUDE MISLEADING INFORMATION IN ANY
PART OF THE MESSAGE IN ORDER TO INDUCE THE RECIPIENTS TO READ THE MESSAGE.
PUNISHABLE ACTS
• (4) LIBEL. — THE UNLAWFUL OR PROHIBITED ACTS OF LIBEL AS DEFINED IN ARTICLE 355 OF
THE REVISED PENAL CODE, AS AMENDED, COMMITTED THROUGH A COMPUTER SYSTEM OR
ANY OTHER SIMILAR MEANS WHICH MAY BE DEVISED IN THE FUTURE.

• SEC. 5. OTHER OFFENSES. — THE FOLLOWING ACTS SHALL ALSO CONSTITUTE AN OFFENSE:
(A) AIDING OR ABETTING IN THE COMMISSION OF CYBERCRIME. – ANY PERSON WHO WILLFULLY
ABETS OR AIDS IN THE COMMISSION OF ANY OF THE OFFENSES ENUMERATED IN THIS ACT SHALL
BE HELD LIABLE.
(B) ATTEMPT IN THE COMMISSION OF CYBERCRIME. — ANY PERSON WHO WILLFULLY ATTEMPTS
TO COMMIT ANY OF THE OFFENSES ENUMERATED IN THIS ACT SHALL BE HELD LIABLE.
• ALL CRIMES DEFINED AND PENALIZED BY THE REVISED PENAL CODE, AS
AMENDED, AND SPECIAL LAWS, IF COMMITTED BY, THROUGH AND WITH
THE USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGIES SHALL
BE COVERED BY THE RELEVANT PROVISIONS OF THIS ACT: PROVIDED, THAT
THE PENALTY TO BE IMPOSED SHALL BE ONE (1) DEGREE HIGHER THAN THAT
PROVIDED FOR BY THE REVISED PENAL CODE, AS AMENDED, AND SPECIAL
LAWS, AS THE CASE MAY BE.
REP U B L I C A C T N O . 9 9 9 5
ID EO V OYE URISM ACT OF 2009
ANTI-PHOTO AND V
"PHOTO OR VIDEO VOYEURISM" MEANS THE ACT OF TAKING PHOTO OR VIDEO COVERAGE OF
A PERSON OR GROUP OF PERSONS PERFORMING SEXUAL ACT OR ANY SIMILAR ACTIVITY OR
OF CAPTURING AN IMAGE OF THE PRIVATE AREA OF A PERSON OR PERSONS WITHOUT THE
LATTER'S CONSENT, UNDER CIRCUMSTANCES IN WHICH SUCH PERSON/S HAS/HAVE A
REASONABLE EXPECTATION OF PRIVACY, OR THE ACT OF SELLING, COPYING, REPRODUCING,
BROADCASTING, SHARING, SHOWING OR EXHIBITING THE PHOTO OR VIDEO COVERAGE OR
RECORDINGS OF SUCH SEXUAL ACT OR SIMILAR ACTIVITY THROUGH VCD/DVD, INTERNET,
CELLULAR PHONES AND SIMILAR MEANS OR DEVICE WITHOUT THE WRITTEN CONSENT OF
THE PERSON/S INVOLVED, NOTWITHSTANDING THAT CONSENT TO RECORD OR TAKE PHOTO
OR VIDEO COVERAGE OF SAME WAS GIVEN BY SUCH PERSON'S.
SEC. 4. PROHIBITED ACTS. - IT IS HEREBY PROHIBITED AND
DECLARED UNLAWFUL FOR ANY PERSON:
(A) TO TAKE PHOTO OR VIDEO COVERAGE OF A PERSON OR GROUP OF PERSONS PERFORMING SEXUAL ACT OR ANY
SIMILAR ACTIVITY OR TO CAPTURE AN IMAGE OF THE PRIVATE AREA OF A PERSON/S SUCH AS THE NAKED OR
UNDERGARMENT CLAD GENITALS, PUBLIC AREA, BUTTOCKS OR FEMALE BREAST WITHOUT THE CONSENT OF THE
PERSON/S INVOLVED AND UNDER CIRCUMSTANCES IN WHICH THE PERSON/S HAS/HAVE A REASONABLE
EXPECTATION OF PRIVACY;
(B) TO COPY OR REPRODUCE, OR TO CAUSE TO BE COPIED OR REPRODUCED, SUCH PHOTO OR VIDEO OR RECORDING
OF SEXUAL ACT OR ANY SIMILAR ACTIVITY WITH OR WITHOUT CONSIDERATION;
(C) TO SELL OR DISTRIBUTE, OR CAUSE TO BE SOLD OR DISTRIBUTED, SUCH PHOTO OR VIDEO OR RECORDING OF
SEXUAL ACT, WHETHER IT BE THE ORIGINAL COPY OR REPRODUCTION THEREOF; OR
(D) TO PUBLISH OR BROADCAST, OR CAUSE TO BE PUBLISHED OR BROADCAST, WHETHER IN PRINT OR BROADCAST
MEDIA, OR SHOW OR EXHIBIT THE PHOTO OR VIDEO COVERAGE OR RECORDINGS OF SUCH SEXUAL ACT OR ANY
SIMILAR ACTIVITY THROUGH VCD/DVD, INTERNET, CELLULAR PHONES AND OTHER SIMILAR MEANS OR DEVICE.
 THE PROHIBITION UNDER PARAGRAPHS (B), (C) AND (D)
SHALL APPLY NOTWITHSTANDING THAT CONSENT TO
RECORD OR TAKE PHOTO OR VIDEO COVERAGE OF THE SAME
WAS GIVEN BY SUCH PERSON/S. ANY PERSON WHO
VIOLATES THIS PROVISION SHALL BE LIABLE FOR PHOTO OR
VIDEO VOYEURISM AS DEFINED HEREIN.
REP U B L I C A C T N O . 9 2 0 8
IN G IN P E RSON S ACT OF 2 003
ANTI-TRAFFICK
• TRAFFICKING IN PERSONS - REFERS TO THE RECRUITMENT, TRANSPORTATION, TRANSFER OR
HARBORING, OR RECEIPT OF PERSONS WITH OR WITHOUT THE VICTIM'S CONSENT OR KNOWLEDGE,
WITHIN OR ACROSS NATIONAL BORDERS BY MEANS OF THREAT OR USE OF FORCE, OR OTHER FORMS OF
COERCION, ABDUCTION, FRAUD, DECEPTION, ABUSE OF POWER OR OF POSITION, TAKING ADVANTAGE OF
THE VULNERABILITY OF THE PERSON, OR, THE GIVING OR RECEIVING OF PAYMENTS OR BENEFITS TO
ACHIEVE THE CONSENT OF A PERSON HAVING CONTROL OVER ANOTHER PERSON FOR THE PURPOSE OF
EXPLOITATION WHICH INCLUDES AT A MINIMUM, THE EXPLOITATION OR THE PROSTITUTION OF OTHERS
OR OTHER FORMS OF SEXUAL EXPLOITATION, FORCED LABOR OR SERVICES, SLAVERY, SERVITUDE OR THE
REMOVAL OR SALE OF ORGANS.

• THE RECRUITMENT, TRANSPORTATION, TRANSFER, HARBORING OR RECEIPT OF A CHILD FOR THE

PURPOSE OF EXPLOITATION SHALL ALSO BE CONSIDERED AS "TRAFFICKING IN PERSONS" EVEN IF IT DOES
NOT INVOLVE ANY OF THE MEANS SET FORTH IN THE PRECEDING PARAGRAPH.
 R E P U BL I C A C T N O .
1 0 591
M MUNITION REGUL AT ION ACT
PRE HE NSIVE F IREARMS AND A
COM
PR E S I D E N T I A L D E C R E E
N O. 1 6 1 3
 • ARSON. ANY PERSON WHO BURNS OR SETS FIRE TO THE PROPERTY OF
ANOTHER SHALL BE PUNISHED BY PRISION MAYOR.
THE SAME PENALTY SHALL BE IMPOSED WHEN A PERSON SETS FIRE TO HIS
OWN PROPERTY UNDER CIRCUMSTANCES WHICH EXPOSE TO DANGER THE
LIFE OR PROPERTY OF ANOTHER.
DESTRUCTIVE ARSON
DESTRUCTIVE ARSON. THE PENALTY OF RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD TO RECLUSION PERPETUA SHALL BE IMPOSED
IF THE PROPERTY BURNED IS ANY OF THE FOLLOWING:

1. ANY AMMUNITION FACTORY AND OTHER ESTABLISHMENT WHERE EXPLOSIVES, INFLAMMABLE OR COMBUSTIBLE MATERIALS ARE
STORED.

2. ANY ARCHIVE, MUSEUM, WHETHER PUBLIC OR PRIVATE, OR ANY EDIFICE DEVOTED TO CULTURE, EDUCATION OR SOCIAL SERVICES.

3. ANY CHURCH OR PLACE OF WORSHIP OR OTHER BUILDING WHERE PEOPLE USUALLY ASSEMBLE.

4. ANY TRAIN, AIRPLANE OR ANY AIRCRAFT, VESSEL OR WATERCRAFT, OR CONVEYANCE FOR TRANSPORTATION OF PERSONS OR
PROPERTY

4. ANY BUILDING WHERE EVIDENCE IS KEPT FOR USE IN ANY LEGISLATIVE, JUDICIAL, ADMINISTRATIVE OR OTHER OFFICIAL
PROCEEDINGS.

5. ANY HOSPITAL, HOTEL, DORMITORY, LODGING HOUSE, HOUSING TENEMENT, SHOPPING CENTER, PUBLIC OR PRIVATE MARKET,
THEATER OR MOVIE HOUSE OR ANY SIMILAR PLACE OR BUILDING.

6. ANY BUILDING, WHETHER USED AS A DWELLING OR NOT, SITUATED IN A POPULATED OR CONGESTED AREA.
• SECTION 3. OTHER CASES OF ARSON. THE PENALTY OF RECLUSION TEMPORAL TO
RECLUSION PERPETUA SHALL BE IMPOSED IF THE PROPERTY BURNED IS ANY OF THE
FOLLOWING:
1. ANY BUILDING USED AS OFFICES OF THE GOVERNMENT OR ANY OF ITS AGENCIES;
2. ANY INHABITED HOUSE OR DWELLING;
3. ANY INDUSTRIAL ESTABLISHMENT, SHIPYARD, OIL WELL OR MINE SHAFT, PLATFORM OR
TUNNEL;
4. ANY PLANTATION, FARM, PASTURELAND, GROWING CROP, GRAIN FIELD, ORCHARD,
BAMBOO GROVE OR FOREST;
5. ANY RICE MILL, SUGAR MILL, CANE MILL OR MILL CENTRAL; AND
6. ANY RAILWAY OR BUS STATION, AIRPORT, WHARF OR WAREHOUSE.
• SECTION 4. SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON. THE PENALTY IN ANY
CASE OF ARSON SHALL BE IMPOSED IN ITS MAXIMUM PERIOD;
1. IF COMMITTED WITH INTENT TO GAIN;
2. IF COMMITTED FOR THE BENEFIT OF ANOTHER;
3. IF THE OFFENDER IS MOTIVATED BY SPITE OR HATRED TOWARDS THE OWNER OR
OCCUPANT OF THE PROPERTY BURNED;
4. IF COMMITTED BY A SYNDICATE.
THE OFFENSE IS COMMITTED BY A SYNDICATE IF ITS IS PLANNED OR CARRIED OUT BY A
GROUP OF THREE (3) OR MORE PERSONS
 REP U B L I C A C T N O . 74 3 8
A R R E ST E D , D ET A IN E D OR
G C E RT A IN R IG H TS O F PE RSON
AN ACT DEFININ S T H E D U T IE S O F T H E
IN VE ST IG A T ION A S WE L L A
UNDER CUS TO D IA L
F ICE R S , A N D P R O VID IN G
IN IN G AN D IN V E ST IG AT ING OF
ARRESTING, DETA V IO L A T IO N S T H E RE O F.
PENALTIES F O R
 R E P U BL I C A C T N O .
1 0 15 8
M E N D ING F O R TH IS PU R P OSE
EC RIM INA L IZIN G V A G R A NCY, A
AN ACT D R W IS E K N OW N AS
. 3 8 1 5 , AS AMEN D E D , OT H E
ARTICLE 2 02 OF A CT N O
THE R E V ISE D P EN A L C OD E .
• REPUBLIC ACT NO. 9346 AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN
THE PHILIPPINES.

• REPUBLIC ACT NO. 8368 - THE ANTI-SQUATTING LAW REPEAL ACT OF 1997
• PD 1612: ANTI-FENCING LAW
FENCING - THE ACT OF ANY PERSON WHO, WITH INTENT TO GAIN FOR HIMSELF OR FOR
ANOTHER, SHALL BUY, RECEIVE, KEEP, ACQUIRE, CONCEAL, SELL, OR DISPOSE OF, OR SHALL
BUY AND SELL OR IN ANY OTHER MANNER DEAL IN ANY ARTICLE, ITEM, OBJECT, OR
ANYTHING OF VALUE WHICH HE KNOWS, OR SHOULD BE KNOWN TO HIM, TO HAVE BEEN
DERIVED FROM THE PROCEEDS OF THE CRIME OF ROBBERY OR THEFT.
• PD NO.532 - (THE ANTI - PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974)
WAS ISSUED IN AUGUST 1974, PUNISHING PIRACY, BUT NOT MUTINY, IN PHILIPPINE
TERRITORIAL WATERS.

• PD 533 ANTI-CATTLE RUSTLING LAW - CATTLE RUSTLING - TAKING AWAY BY MEANS,

METHODS OR SCHEMES, WITHOUT THE CONSENT OF THE OWNER/RAISER, OF ANY
LARGE CATTLE WHETHER OR NOT FOR PROFIT, OR WHETHER COMMITTED WITH OR
WITHOUT VIOLENCE AGAINST OR INTIMIDATION OF PERSON OR FORCE UPON THINGS. IT
INCLUDES KILLING OF LARGE CATTLE, TAKING ITS MEAT OR HIDE WITHOUT THE
CONSENT OF OWNER/RAISER.
RA 4200 - ANTI-WIRETAPPING LAW
IT SHALL BE UNLAWFUL FOR ANY PERSON, NOT BEING AUTHORIZED BY ALL
THE PARTIES TO ANY PRIVATE COMMUNICATION OR SPOKEN WORD, TO TAP
ANY WIRE OR CABLE, OR BY USING ANY OTHER DEVICE OR ARRANGEMENT, TO
SECRETLY OVERHEAR, INTERCEPT, OR RECORD SUCH COMMUNICATION OR
SPOKEN WORD BY USING A DEVICE COMMONLY KNOWN AS A DICTAPHONE
OR DICTAGRAPH OR DICTAPHONE OR WALKIE-TALKIE OR TAPE RECORDER, OR
HOWEVER OTHERWISE DESCRIBED.
REP U B L I C A C T N O . 62 3 5
(THE ANTI-HI-JACKING LAW
ITTED IN AN A IRC RA F T. IN
K IND OF P IR A C Y THA T IS COMM
ANOTHER IR C RA F T P IR A C Y.
H IS C RIM E IS KNOW N AS A
OTHER CO U NT RIE S, T
RE P U B L I C A C T N O . 67 1 3
D ARD S F OR P UB L IC OF F IC IALS
COND UC T AND ET HIC AL STAN
CODE OF AND EMPLOYEES
RE P U B L I C A C T N O . 7 0 8 0
ANTI-PLUNDER ACT
RE P U B L I C A C T N O . 7 6 1 0
D RE N AG A INST C HIL D A B USE,
HIL
SPECIAL PROTECTION OF C A T ION ACT
N AN D D ISC RIM IN
EXPLOITATIO
• "CHILD ABUSE" REFERS TO THE MALTREATMENT, WHETHER HABITUAL OR NOT, OF THE
CHILD WHICH INCLUDES ANY OF THE FOLLOWING:
(1) PSYCHOLOGICAL AND PHYSICAL ABUSE, NEGLECT, CRUELTY, SEXUAL ABUSE AND
EMOTIONAL MALTREATMENT;
(2) ANY ACT BY DEEDS OR WORDS WHICH DEBASES, DEGRADES OR DEMEANS THE
INTRINSIC WORTH AND DIGNITY OF A CHILD AS A HUMAN BEING;
(3) UNREASONABLE DEPRIVATION OF HIS BASIC NEEDS FOR SURVIVAL, SUCH AS FOOD AND
SHELTER; OR
(4) FAILURE TO IMMEDIATELY GIVE MEDICAL TREATMENT TO AN INJURED CHILD RESULTING
IN SERIOUS IMPAIRMENT OF HIS GROWTH AND DEVELOPMENT OR IN HIS PERMANENT
INCAPACITY OR DEATH.
• CIRCUMSTANCES WHICH GRAVELY THREATEN OR ENDANGER THE SURVIVAL AND NORMAL DEVELOPMENT OF
CHILDREN" INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING;
(1) BEING IN A COMMUNITY WHERE THERE IS ARMED CONFLICT OR BEING AFFECTED BY ARMED CONFLICT-RELATED
ACTIVITIES;
(2) WORKING UNDER CONDITIONS HAZARDOUS TO LIFE, SAFETY AND NORMAL WHICH UNDULY INTERFERE WITH THEIR
NORMAL DEVELOPMENT;
(3) LIVING IN OR FENDING FOR THEMSELVES IN THE STREETS OF URBAN OR RURAL AREAS WITHOUT THE CARE OF
PARENTS OR A GUARDIAN OR BASIC SERVICES NEEDED FOR A GOOD QUALITY OF LIFE;
(4) BEING A MEMBER OF A INDIGENOUS CULTURAL COMMUNITY AND/OR LIVING UNDER CONDITIONS OF EXTREME
POVERTY OR IN AN AREA WHICH IS UNDERDEVELOPED AND/OR LACKS OR HAS INADEQUATE ACCESS TO BASIC
SERVICES NEEDED FOR A GOOD QUALITY OF LIFE;
(5) BEING A VICTIM OF A MAN-MADE OR NATURAL DISASTER OR CALAMITY; OR
(6) CIRCUMSTANCES ANALOGOUS TO THOSE ABOVE STATED WHICH ENDANGER THE LIFE, SAFETY OR NORMAL
DEVELOPMENT OF CHILDREN.
•SECTION 5. CHILD PROSTITUTION AND OTHER SEXUAL ABUSE. –
CHILDREN, WHETHER MALE OR FEMALE, WHO FOR MONEY, PROFIT,
OR ANY OTHER CONSIDERATION OR DUE TO THE COERCION OR
INFLUENCE OF ANY ADULT, SYNDICATE OR GROUP, INDULGE IN
SEXUAL INTERCOURSE OR LASCIVIOUS CONDUCT, ARE DEEMED
TO BE CHILDREN EXPLOITED IN PROSTITUTION AND OTHER
SEXUAL ABUSE.
•SECTION 7. CHILD TRAFFICKING. – ANY PERSON WHO SHALL
ENGAGE IN TRADING AND DEALING WITH CHILDREN INCLUDING,
BUT NOT LIMITED TO, THE ACT OF BUYING AND SELLING OF A
CHILD FOR MONEY, OR FOR ANY OTHER CONSIDERATION, OR
BARTER, SHALL SUFFER THE PENALTY OF RECLUSION TEMPORAL
TO RECLUSION PERPETUA. THE PENALTY SHALL BE IMPOSED IN
ITS MAXIMUM PERIOD WHEN THE VICTIM IS UNDER TWELVE (12)
YEARS OF AGE.
• SECTION 9. OBSCENE PUBLICATIONS AND INDECENT SHOWS. – ANY PERSON WHO SHALL
HIRE, EMPLOY, USE, PERSUADE, INDUCE OR COERCE A CHILD TO PERFORM IN OBSCENE
EXHIBITIONS AND INDECENT SHOWS, WHETHER LIVE OR IN VIDEO, OR MODEL IN OBSCENE
PUBLICATIONS OR PORNOGRAPHIC MATERIALS OR TO SELL OR DISTRIBUTE THE SAID
MATERIALS SHALL SUFFER THE PENALTY OF PRISION MAYOR IN ITS MEDIUM PERIOD.

• IF THE CHILD USED AS A PERFORMER, SUBJECT OR SELLER/DISTRIBUTOR IS BELOW

TWELVE (12) YEARS OF AGE, THE PENALTY SHALL BE IMPOSED IN ITS MAXIMUM PERIOD.

• ANY ASCENDANT, GUARDIAN, OR PERSON ENTRUSTED IN ANY CAPACITY WITH THE CARE
OF A CHILD WHO SHALL CAUSE AND/OR ALLOW SUCH CHILD TO BE EMPLOYED OR TO
PARTICIPATE IN AN OBSCENE PLAY, SCENE, ACT, MOVIE OR SHOW OR IN ANY OTHER ACTS
COVERED BY THIS SECTION SHALL SUFFER THE PENALTY OF PRISION MAYOR IN ITS
MEDIUM PERIOD.
SECTION 12. EMPLOYMENT OF CHILDREN. – CHILDREN BELOW
FIFTEEN (15) YEARS OF AGE MAY BE EMPLOYED EXCEPT:
(1) WHEN A CHILD WORKS DIRECTLY UNDER THE SOLE RESPONSIBILITY OF HIS PARENTS OR LEGAL GUARDIAN AND WHERE ONLY
MEMBERS OF THE EMPLOYER'S FAMILY ARE EMPLOYED: PROVIDED, HOWEVER, THAT HIS EMPLOYMENT NEITHER ENDANGERS HIS
LIFE, SAFETY AND HEALTH AND MORALS, NOR IMPAIRS HIS NORMAL DEVELOPMENT: PROVIDED, FURTHER, THAT THE PARENT OR
LEGAL GUARDIAN SHALL PROVIDE THE SAID MINOR CHILD WITH THE PRESCRIBED PRIMARY AND/OR SECONDARY EDUCATION; OR
(2) WHEN A CHILD'S EMPLOYMENT OR PARTICIPATION IN PUBLIC & ENTERTAINMENT OR INFORMATION THROUGH CINEMA,
THEATER, RADIO OR TELEVISION IS ESSENTIAL: PROVIDED, THE EMPLOYMENT CONTRACT CONCLUDED BY THE CHILD'S PARENT OR
GUARDIAN, WITH THE EXPRESS AGREEMENT OF THE CHILD CONCERNED, IF POSSIBLE, AND THE APPROVAL OF THE DEPARTMENT OF
LABOR AND EMPLOYMENT: PROVIDED, THAT THE FOLLOWING REQUIREMENTS IN ALL INSTANCES ARE STRICTLY COMPLIED WITH:
(A) THE EMPLOYER SHALL ENSURE THE PROTECTION, HEALTH, SAFETY AND MORALS OF THE CHILD;
(B) THE EMPLOYER SHALL INSTITUTE MEASURES TO PREVENT THE CHILD'S EXPLOITATION OR DISCRIMINATION TAKING INTO ACCOUNT
THE SYSTEM AND LEVEL OF REMUNERATION, AND THE DURATION AND ARRANGEMENT OF WORKING TIME; AND;
(C) THE EMPLOYER SHALL FORMULATE AND IMPLEMENT, SUBJECT TO THE APPROVAL AND SUPERVISION OF COMPETENT AUTHORITIES, A
CONTINUING PROGRAM FOR TRAINING AND SKILL ACQUISITION OF THE CHILD.
SECTION 27. WHO MAY FILE A COMPLAINT. – COMPLAINTS ON CASES OF
UNLAWFUL ACTS COMMITTED AGAINST THE CHILDREN AS ENUMERATED
HEREIN MAY BE FILED BY THE FOLLOWING:

(A) OFFENDED PARTY;

(B) PARENTS OR GUARDIANS;
(C) ASCENDANT OR COLLATERAL RELATIVE WITHIN THE THIRD DEGREE OF CONSANGUINITY;1AWPHI1@ITC
(D) OFFICER, SOCIAL WORKER OR REPRESENTATIVE OF A LICENSED CHILD-CARING INSTITUTION;
(E) OFFICER OR SOCIAL WORKER OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT;
(F) BARANGAY CHAIRMAN; OR
(G) AT LEAST THREE (3) CONCERNED RESPONSIBLE CITIZENS WHERE THE VIOLATION OCCURRED.
R E P U BL I C A C T N O .
108 8 3
NTI- CARNAP PING ACT OF 2016
NEW A
CARNAPPING
• 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.

• CONCEALMENT OF CARNAPPING. - ANY PERSON WHO CONCEALS CARNAPPING SHALL BE PUNISHED WITH
IMPRISONMENT OF SIX (6) YEARS UP TO TWELVE (12) YEARS AND A FINE EQUAL TO THE AMOUNT OF THE ACQUISITION
COST OF THE MOTOR VEHICLE, MOTOR VEHICLE ENGINE, OR ANY OTHER PART INVOLVED IN THE VIOLATION; PROVIDED,
THAT IF THE PERSON VIOLATING ANY PROVISION OF THIS ACT IS A JURIDICAL PERSON, THE PENALTY HEREIN
PROVIDED SHALL BE IMPOSED ON ITS PRESIDENT, SECRETARY, AND/OR MEMBERS OF THE BOARD OF DIRECTORS OR
ANY OF ITS OFFICERS AND EMPLOYEES WHO MAY HAVE DIRECTLY PARTICIPATED IN THE VIOLATION.
ANY PUBLIC OFFICIAL OR EMPLOYEE WHO DIRECTLY COMMITS THE UNLAWFUL ACTS DEFINED IN THIS ACT OR IS GUILTY
OF GROSS NEGLIGENCE OF DUTY OR CONNIVES WITH OR PERMITS THE COMMISSION OF ANY OF THE SAID UNLAWFUL
ACTS SHALL, IN ADDITION TO THE PENALTY PRESCRIBED IN THE PRECEDING PARAGRAPH, BE DISMISSED FROM THE
SERVICE, AND HIS/HER BENEFITS FORFEITED AND SHALL BE PERMANENTLY DISQUALIFIED FROM HOLDING PUBLIC
OFFICE.
•
DEFINITION OF TERMS
BODY BUILDING REFERS TO A JOB UNDERTAKEN ON A MOTOR VEHICLE IN ORDER TO REPLACE ITS ENTIRE BODY WITH A NEW BODY;

• (B) DEFACING OR TAMPERING WITH A SERIAL NUMBER REFERS TO THE ALTERING, CHANGING, ERASING, REPLACING OR SCRATCHING OF THE
ORIGINAL FACTORY INSCRIBED SERIAL NUMBER ON THE MOTOR VEHICLE ENGINE, ENGINE BLOCK OR CHASSIS OF ANY MOTOR VEHICLE.
WHENEVER ANY MOTOR VEHICLE IS FOUND TO HAVE A SERIAL NUMBER ON ITS ENGINE, ENGINE BLOCK OR CHASSIS WHICH IS DIFFERENT FROM
THAT WHICH IS LISTED IN THE RECORDS OF THE BUREAU OF CUSTOMS FOR MOTOR VEHICLE IMPORTED INTO THE PHILIPPINES, THAT MOTOR
VEHICLE SHALL BE CONSIDERED TO HAVE A DEFACED OR TAMPERED SERIAL NUMBER;

• (C) DISMANTLING REFERS TO THE TEARING APART, PIECE-BY-PIECE OR PART-BY-PART, OF A MOTOR VEHICLE;

• (D) IDENTITY TRANSFER REFERS TO THE ACT OF TRANSFERRING THE ENGINE NUMBER, CHASSIS NUMBER, BODY TAG NUMBER, PLATE NUMBER,
AND ANY OTHER IDENTIFYING MARKS OF A MOTOR VEHICLE DECLARED AS "TOTAL WRECK" OR IS BEYOND ECONOMIC REPAIR BY CONCERNED
CAR INSURANCE COMPANIES AND/OR LAW ENFORCEMENT AGENCIES AFTER ITS INVOLVEMENT IN A VEHICULAR ACCIDENT OR OTHER INCIDENT
AND REGISTERS THE SAME INTO ANOTHER FACTORY-MADE BODY OR VEHICLE UNIT, OF THE SAME CLASSIFICATION, TYPE, MAKE OR MODEL;

• (E) MOTOR VEHICLE REFERS TO ANY VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER USING THE PUBLIC HIGHWAYS,
EXCEPT ROAD ROLLERS, TROLLEY CARS, STREET SWEEPERS, SPRINKLERS, LAWN MOWERS, BULLDOZERS, GRADERS, FORKLIFTS, AMPHIBIAN
TRUCKS, AND CRANES IF NOT USED ON PUBLIC HIGHWAYS; VEHICLES WHICH RUN ONLY ON RAILS OR TRACKS; AND TRACTORS, TRAILERS AND
TRACTION ENGINES OF ALL KINDS USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES. TRAILERS HAVING ANY NUMBER OF WHEELS, WHEN
PROPELLED OR INTENDED TO BE PROPELLED BY ATTACHMENT TO A MOTOR VEHICLE, SHALL BE CLASSIFIED AS A SEPARATE MOTOR VEHICLE
WITH NO POWER RATING;
 DEFINITION OF TERMS
• (F) OVERHAULING REFERS TO THE CLEANING OR REPAIRING OF THE WHOLE ENGINE OF A MOTOR VEHICLE BY SEPARATING THE
MOTOR ENGINE AND ITS PARTS FROM THE BODY OF THE MOTOR VEHICLE;

• (G) REPAINTING REFERS TO CHANGING THE COLOR OF A MOTOR VEHICLE BY MEANS OF PAINTING. THERE IS PAINTING WHENEVER
THE NEW COLOR OF A MOTOR VEHICLE IS DIFFERENT FROM ITS COLOR REGISTERED IN THE LAND TRANSPORTATION OFFICE (LTO);

• (H) REMODELING REFERS TO THE INTRODUCTION OF SOME CHANGES IN THE SHAPE OR FORM OF THE BODY OF THE MOTOR
VEHICLE;

• (I) SECOND HAND SPARE PARTS REFER TO THE PARTS TAKEN FROM A CARNAPPED VEHICLE USED IN ASSEMBLING ANOTHER
VEHICLE;

• (J) TOTAL WRECK REFERS TO THE STATE OR STATUS OF A MOTOR VEHICLE AFTER A VEHICULAR ACCIDENT OR OTHER INCIDENT,
SO THAT IT IS RENDERED INOPERATIONAL AND BEYOND ECONOMIC REPAIR DUE TO THE EXTENT OF DAMAGE IN ITS BODY,
CHASSIS AND ENGINE; AND

• (K) UNLAWFUL TRANSFER OR USE OF VEHICLE PLATES REFERS TO THE USE OR TRANSFER OF A VEHICLE PLATE ISSUED BY THE LTO
TO A CERTAIN VEHICLE TO ANOTHER VEHICLE. IT IS PRESUMED ILLEGALLY TRANSFERRED WHEN THE MOTOR VEHICLE PLATE DOES
NOT CORRESPOND WITH THAT AS APPEARING IN THE CERTIFICATE OF REGISTRATION OF THE MOTOR VEHICLE TO WHICH IT WAS
ISSUED.
•RA 8353 - AN ACT EXPANDING THE DEFINITION OF THE
CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME
AGAINST PERSONS.
•RA 9208 - ANTI-TRAFFICKING OF PERSONS ACT OF 2003
•RA 9231 - ANTI-CHILD LABOR ACT OF 2003
R.A. NO. 9745 ANTI-TORTURE ACT OF 2009

P.D. No. 968 AS AMENDED BY PROBATION LAW

R.A. NO. 10707
R.A. NO. 6981 WITNESS PROTECTION, SECURITY AND
BENEFIT
P.D. NO. 1829 DECREE PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
C.A. NO. 616 ESPIONAGE LAW
R.A. NO. 3019 ANTI-GRAFT AND CORRUPT
PRACTICES ACT
R.A. NO. 7080 ANTI PLUNDER ACT

R.A. NO. 9160 AS AMENDED ANTI-MONEY LAUNDERING

BY RA NO. 9194 ACT OF 2001
R.A. NO. 9175 CHAINSAW ACT OF 2002

R.A. NO. 9775 ANTI-CHILD PORNOGRAPHY

ACT OF 2009
R.A. NO. 10054 MOTORCYCLE HELMET ACT
OF 2009
R.A. NO. 10088 ANTI-CAMCORDING ACT OF
2012
R.A. NO. 10586 ANTI-DRUNK AND DRUGGED
DRIVING ACT OF 2003
ACT NO. 3815 THE REVISED PENAL CODE
 PD 1612 ANTI-FENCING LAW
RA 7877 ANTI-SEXUAL HARASSMENT

RA 10666 CHILDREN’S SAFETY ON

MOTORCYCLES ACT
CA 142, AS AMENDED ANTI-ALIAS LAW

REPUBLIC ACT NO. 11313 SAFE SPACES ACT