“A. Violence against wemen and their ehildron 2009 CENTRALIZED BAR OPERATIONS Sen Meds College of Hae In physical, sexual, psychologleal harm ff sulfering, of economic abuse including threals of such acts. 8, Soxval violonoe Includes, but Is not ited’ AN AGT DEFINING VIOLENCE AGAIWST to i: WOMEN AND THEIR CHILDREN, PROVIDING « | | TOR PROTECTIVE MEASURES FOR VICTIMS, Rape, sexual harrassment, acts of, PRESCRIBING PENALTIES THEREFORE, AND lasciviousness, treating a women of : FOR OTHER PURPOSES (Approved: March 2, a) her child 2s 2 sex object, making’ 2004) ' demeaning and sexuelly suggestive’ remerts. physically attacking the sexual, Declaration of Policy parts of the victim's body, forcing herihim © tts the policy af the. State to velue the dignity. to watch obscene publications _ and ‘of women and children end guarantre full Indecent shows or forcing the woman.or aspoct for human tights, The State also her end to do Indecent acts anc/or mat recognizes the noed to protect the family and fms" thereof, forcing the wife and Ite members particularly women and cbiidreit, misttess/lover to live in the conjugal; from violence and threats to Weir personal homs.or sleep together in the same room sfty and veut. Seton 2) by. Aa elng or atempling to couse the . inat womens sind. their children ceuslng of atlempiing to coude the + thal be colagered puke otnse, (Secon loti to engage in any sexual activity by. 25) : force, threat of force, physical’ or other of tveet of physical or ober at + Vietin-sunivars who are found bythe courts han ee eee to be sutteing from hatlered women Pee a i : syndrome do nol incur criminal and cul i Hablity notwithstanding the absence of any syonologhe i icibREE Soscta oe Meee bid sCeeead op nara elements for Justifying circumstances cf sei defense under the RPO.(Seciion 26) oho egies aa Dofinition of Terms (Saction 3) wiy tor a estes casts comtod by any gaan agebte wetan who Hs: ‘ay wit b) formar wife; or 2 agnon a sisman win whem the person Meee hed et conunl or dang jelatlonsitip; or 4) Miners fas a commen éhid, of Mah Re. uty hebor eptitas or Tegkmat, tn or winout eam a noe, eh e508 hor hey fen Yaar SS ic ony ‘recuneacomnertes, FERSERT EAM TTUSAN overall aire chal adem opsrtiona, AANUD ADKL SANTOS chi Nol Gperting, GRACE AU TIA wee {hat for eparaions JURY CARLES HUESTHO le ehalr for ced, AE ANGEL ETANG icc fr arta RASTINE ANAABELCEEL SPOS ‘Ne cn fr iarga RILENE XIVA ACOSTA eg chal Wo EONCEPCIEN ies ca for gutek. MINAL LAWS AMIDMEW JOB ALCAKIANS eubjct chu, XRISTOVTER RAN TAPHOPON asset Aube cht, JONATHAN AEN BAUTISEN ep JEFF SATTNGALNG beck one, NOTL RAFAEL GRATTON book hwo LAL, OMEN speua eral iaws Pre ena rode, La Paar, Ue lanes, Ce Av ‘aes, Sah Cardona, Aston Mare Slog, han Vaasa Dor, nal fhararte Tinwce, als Marin Guetta tne Foust Olas Hanada, cele Denes, fe> Ganda aan Ming Salbsah, Maes Hata, {ts omules cures, Rey sane ont Pos rel Card Tagan. Shere bee Goi, ae Mae Sta ha, Jena Keb, Cake Ji Tibeyan, Aan Canta ove novel aber, Minister Malue Du, so elo oe -San Beda College of Za MEMORY AID IN CRIMINAL LAW] 183 rene el ERORY AID IN CRIMINAL LAW] 283, )unlawfut or unwanted daprivation of the ‘ignt to custody andior visitation ot ‘cammon children, D. Economls abuse acts that ake or atlenpt fo make & woman tinancialy dependent whict {nicludes, but Is not limited to the following, ®) Withdrawal of financial supporto, revanting tho victim irom erigaging in ny, tegitimata profession, occupation, bus!ness or activity, oxeapt in cases wherein the ofier spousepartner objects on valid, werioue and morel gicunds as defined in Artie 73 of he Famly Cove: ') Deprivation of threat of deprivation et financial revaurons and the righ: to the use and enjoyment of the conjugal, community Gr oropery owned — in common; ©) Destroying nousehold property; ) Controling tha victim's own money or properties or soiely controling the conjugal money of properties. Phystea! abuso ~ tefers to a: bboally or physical hérm, that Include F. Dating relationship — situation wherein the purtles five as husband end wile without the Senafit of marriage or are romantically Involved ovar time and on a continuing basis during the course of the relstionship, A casual acquaintarice or ordinaty socialization between two indhidusis ine business oF Sovial context is net a dating relationship. 2 Soxual rekitione ~ refers to a single senuat {act which may or may not result in the bearing ‘of a common child, H. Children ~ refers to those below 18 yrs of age or older but are incapable of taking care of themselves as defined under Ropebiic Act No, 7610. Under this Act, it includes the biolegleal children of the Vietim and other enlldren under her caro, Acts Punishabls (Section 5) The crime of violence against women ang thelr children Is committed through aay of the following acts; 7 ) Causing physical harm to the woran or hur child; ©) Threatening to cause the woe’ ar her chile physical harm; 3) Attempting to ‘cause the woman or hier chile physical harm; 9) Placing the wuman or her éhild In fear of ‘imminent physic! Iyarmy, 2} Atlompling to comeal or compelling the woman oF her child to engaye in conduct whlch the: woman a ner chil has tha right to dlesat fron or desist from eenduct "vhloh tne woman or her ehlid has the right to ongage in, OF sitempting to restr of, restieting lie Woman's or ier chia freedom ef movement oF ecnduet by force oF inraat ef fore, physleal or ohor haem oF threat of physlea! or thor harm, er tntimidation racted against the woman oF child, This ekall include, out net limited to, the following acts ‘committed: vith {he purrose or effect of controling or resticiing tha . wornan’s -ér hat child's moveront or conduct 1 Thrantaning to deprve or actualy depriving ‘the woman er hor chiid of ‘custedy to herfhis famty;, 2 Depriving or threatening to deprive the women or her children of financial support legally due: her or her farniy, or ately providing the wernan's Inaufficiont franca support 3. Depriving oF threatening to: deprive. the > women or her child of a tepel ih 4. Preventing tha woman ly engaging in uny legitimate’ profession, occupa business, or activily oF control the Wiclms own money or properties, or solely controling the conjugal er comnvan money, or properties; Inflcting 0” threatening to inflict physical harm en oneselt for the purpose of contoling her actions or decisions; 9) Causing o: attempting to cause the woman or her child to engage In any sexual acivty Whielt does not constiiule rape, by tore of threat of forea, phystcal harm, of tinoughh Intimidator directed against the woman or he) ynialegiy, oF sackless nother, Te) Causing mantal or emotonal anguish, public iizulo or humiliation to the women or her ‘child, including, but not fimited to, repeaiod verbal and einotfonal abuse, and donlal of financial support or custady of minor childron ‘of access to the woman's child/ehiléren. Venus (Section 7) ‘The Regional Trlal Court designated as a Family Court shall hava original and exclusive ‘urisciction lover cases of violence against women-and thelr efildcen under this fav. In tha absence of such court in the plare where the clfensa was-comnilted, the casa svel be fi! Ir the Regional Tela! Court where the erlme or 2ny of ts elements wes commited at the option of the compat. Protuctlon Orders (Section 8) + Iseued for the purpose of preventing furthar acis of viclence against a woman or hice child © Other velafs granted . through protection order 1a) Prohibition of the respondent from threatening to commit or committing, personally. oF tywough another, any of the ats mentioned 19 Section 5 of this Act b) Prohibition of the respondent f'om harassing, annoying, telaphoning, —contactng 0! otherwise comnuinicating with ths petitioner, directly oF Indirectly; ©)" Removal and exclusion \2f the respondent from the residence of the. petitioner, regardless of ownership of the residence, either temporarily or. permanently where no property rights ere violated. + It respondent must remove personal effects fiom the residence, the court shalt direct a law enforcement agent to escort respondent; 4) Divecting the respondent-to stay away {rom petitioner and designated femily or household mamber at a distance specified by the cour, land to stay away front the residence, school, lage of employinent, or any speriied pl: frequented by the potiioner and eny designated family or household member: €) Dracting lawful possession and use by ppetiioner of an wutomobile and other essentiat porsonal effects, regardioss of ownership, and Slreeting the epprepriate law enforcement ‘officer to @ncompary the eltioner to the residence of the parties to’ ensure that the pettioner Is gafely restored to the possession ff the automobile and other essential personal effects, 0° to supervise the potitoner’s or respondent's cemoval of per: onal bulengings: 104 [2009 CENTRALIZLD BAR OPERATIONS San Beds College vf Baro 1) Granting @ temporary or permanent custody of ‘achildjchildren to the petitioner; 9) Directing the respondent to provide support to te woman andlor her child If entiled to ‘egal support. ‘+ Nothithstanding other’ laws to the vontrary, the ‘court shall order an ‘appropriate percentage-of the Income or salary oF the respondent to bo withheld regularly by the respondent's employer for the same to be euvomaticaly remitted diecty to the woman, Faure to remit ‘andlor withhold or any delay in tho Femitianso of supson to the women fandior Fer enilé without justifiable cause shall render tho respondent or his Employer lable fo indirect contempt of court 1) Prohibition of the respondent from any use or posseasien of any firearm ot deadly Weapon nd efder him te surrender the same to tne court for appropriate disposition by the cor, ineluaing revozation of icense and ‘@equalifcation to epply for any license to use for possess a firearm. so iLthe offerder lee law enforc anent, Ba court shail order tho affe to surrender hls trace und shall des" ne appropriate’ aut cry to investi en the sflander and fake approz fciion on avatar: () Restitution fer ae.val eamages; }) Directing tte OSWE: so any approgiiste agence, {o provid pettoners need anc i) Provision of such other forms of rei us tha eouit deems necessary, provkled petitioner and any ceslgnated farly. or household ‘member consents to such ielef, Js section shallSan Beda College ot Kaw MEMORY AID IN CRIMINAL LAW| 105 on ol a a EMORY AID IN CRIMINAL LAW) 285 h) At leest 2 concerned reaponeitie citizens of the elty or municipality witere the vislence egainet Women, and thelr children occurred fend who hes “peruonal knowiedge of the offense commited, {tthe applicant is not the victim, the must bo acceinpanied by un affida, applicant attesting to: @) The circumstances of the abuse sulfered by ie vietim, and ») The clrcumstanoss af consent olven by the tlm forthe filing of the application, When disclosure of the address of the victim will ese danger to har lf it shall ba so stated in the pplication. In euch case, the applicant shall a) altest that the Victim is residing in the founicipaity or city ove- which court has territorial jurisdiction, and 5) Shal! provide a mailing address for purpose of serving pracess, Kinds of Protection Orda + Barangay Protection Order (BPO) ~ issued by a punong barangay to the applicant on the dave of fing after ex parte detcimiration of the besis of the application + In tho absence of punong becancay, any available berangay kagewad may act on the application, In such case, the over must be accompanied by an altastalion that the punong barangay was nevallalie ut the tine Of the issuance of the APO, + BFOs shall be offective for 18 Joys, + The paities moy be accompania by a non: lawyer advocate | any proseeaing before the Purong barangay, * Tomporary Protection Order (1 PO) -- issued uy. court oF competent juvisdicirn ailer ex part determination thal such should oe +. The seid court uhall schedu'e a hearing on the ‘ssance of PPO prior to the data of the expiration of the TPO, + Pormanont Protection Ordor (PPO) ~ issuied by the cour after notice and hearing, +. Respondent's non-appearance desnite proper notice, oF his lack of lawyer, shel not bea ground for rescheduling the heating vn the Inetita of te Issuance of PPO, + Hi cospite due notteo raspondent fails ‘0 appear: tha court hall allow ox perie resentalién of evidence by tha applicant, 7 Ht daspite dud netite raspondone aponais without counsel. the court shali appoint a lawyer for the respondent and proceed with the hearing, Gon. Rule: The hearing for the issuance of the PPO atoll only be one de Wheto the court 1s uneble’ fo conduct the hearing within one-day and the TPO Is due to 2xpire, the court shall continuously extend the ‘TPO fot a period of 30 days gt each partloular time until final judgment Is tested, + Effoctivity of PPO: PPO shall be effective Until revoked by the court upon apatication of the person in whose favor twas issued, + The court shett not den’ the lasuance of protection order on the Basis of the lapse of lime between the act of violence and the ling of the application Nota Bone: Gon. Fula: TPO and PPO are fed In the family ‘court at the place of recidence of the paiitioner. Excoptlon: In the absence of a family court, with the RTC, MeTC, MTC or MCTO with terterial Jurisdiction over the piace of rasidence of the petitioner The Iscuanee of a BPO oF the pondeney cf an application for BPO shall iol preckide a petisnoe from applying fer, oF the court from granting a TPO or PPO. An application for protection order ted with a court shall be considered an application for boty TPO and PPO, Prescriptive Period. (Section 24) Acts faling under sections (a) to §(f) ~ 20 yr Acts faling under sections 6{9) to &() - 10 yr, Soction 29} (roc inde’ stoody}tnb PORdh.6r her ce f 5 y1.386 [2009 CENTRALIZED RAR OFERATIONS ‘e)wAssiai..the barangay officlels and other government offers and employees who respond to a call for help; 4) Ensuro tie enforcement of protection orders; 19). Arrest the suspected perpetrator even without warrant when: ‘a. any of the acts of votenze defined by this act Is ocourting: b. ‘when halshe has persona! knowledge hat ony ect of abuse has ust been ccomenitted ¢, There Is iniminent’ danger to the Bf2 ot Limb of the vletitn as defined in this act. diately report the call for assessment or ance of: a, DSW; 1b, Soctal We'fare Departmart of LGUs; or Accredited NGOs. Dutlog of Hoalthcare Provider (Section 21) a) Any herltheare provider who suspects abuse ‘ot has bean Informed by the victim o” violence shalt by Properly document ony of the wetln’s physleal, emotional or psychological Injuries; 1c). Properly racord any of the victin’s suspicions, pioservations and circumatences of the examination or visit; 6) Automatically provide the victim tree of charge ‘8 medical certlicate; fe) Safeguard. the records and make them available to the viciim upon request at actual ‘cost; and 4) Provide the vietin Immediate anci adequate notice of rights and remedies proviced under this ect, ane services available to thera, In pvery caso of. violence against women and tholr children, any parson, police authority or barerigay official shall not be tiable for any criminal, clvii or administ ative lability rosulting, therefrom, (Section 34) provided tat Such person, polles authority or of.icla: 'a) was acting In accordance with law b) responds or intervenes ©) without using violerice or restraint greater than. vecassery to ensure the safety of the viet sd with respect. and dignity (Seetion 35); ‘of lagu assistance frem PAO. oF any public legal assistance office (Seciion 35), ) Tobe eililed to support sorvices trom DSW and LGU's (Section 36), 4) To. be anitied to al! tegal remadies and nupport as provided in tis ‘amily Goce (Saetion 55); 'e) Informed of tholr rights and. the services ‘available to them’ (Section 98); ease Sant Bera College af Lato 4) The wornan vielim of viole7ce shall be entitled to the custedy and support of her chid/ehildren vietin who Is. suffering .from battered .woran syndrome shai not be disqualifed from having custody of her children,(Section 28) : 9) Victims under this Act shall be entitled to take a pald leave of abserce up to 10 days In, Additia to other pald leaves under the Labor! Code and Civil Sorvice Rules and, Regulations, extendible when the nacessity’ arises ag specified In the protection onder, (Goction 43) Any vietin, undor this est shail be antitiad to ‘the following damages (FAC) (Seotlon 36): a) Moret b) Agtual ©) Gompensatory Cusoe Exempt from Paymont of Docket fees and other Expenses: (Section 33) 4, Viens fs Indigart, oF 2, There is an immediate necesslly due to imminent danger to act on an application for protection order Sec. 44, Al records pertaining to cases of violence against women and thelr children Including those in barangay shail be confidential. Sec. 47, RPG and other applicable laws shall hhave suppletory application. Soc, 27. Being uider the influence of alcohol, any ile deog, oF ary other mind-altering substance shall nict be a detensa under this act BieAyls Cone ea SE te ty a Beis rate SSBan Beta College of Latw MEMORY AID IN CRIMINAL LA eet Eee EMORY AION crunAAL Law 4 Sostlon 7 - Child “Trofficking. = Any person who shall engage In trading ane dealing with cntgren Including, put:not tinted to, the act suying and selling of @ child for money, nr for any ‘tier consideration, or barter Section a Attempt to Commit Child Tretticking « There. is. an attompt to commit child trafficking under Section 7 of this Act: (a) When a child travels alone to © fore!zn country without valid raason therefor end without clearance issued by ihe Boparimont “of Social Weitare ard Development or writen permit or justification from the chitd's parents of Jngal guardisn, (8) Whon 2 person, agency, establishment oF child-caring Institution recruits woman 2F coupins to bear children for the Purpote of child trafficking: cr {c]_When a doctor, hospltai or clinic official oF employee, nurse, midwife, Ioual eivl fegistrar o: any otter persor simulates birth for the purpose of child tralicxing or (2) When a person enyages in the act of tinding children amox.g towenconse famiias, nospivls, clinics, nurserias, du care centers, or ott chilet-during insututions who can be offereu ‘or the Purpose of child tretficking. Obscene Priblications and indocont Shows Sostion § ~ Any person who shall Iie, employ, use, persuade, Induce or coerce a child to perform "in obscene exnibitions and Indecent chows, whther live ct in video, OF model ‘in obscene. publications or Pomographic materials 0: to sol or Girtribute the said materials. Other Acts of Abuse Section 10 + (8) Ary person who shall commit any other cis of child atuse, cruelty sf axplotation ‘1 t9 be rusnonsibia for oter eoncitions, Prejudicial to the child's development, (2) Any person who shail keep ur have jn is cenipany a minor, twelve (12) yerrs of lurder or who In ten (10) years or incre his Junier in any public or‘private place, hotel, motel, beer joint, uiscutheque, cabaret, Sanctions — for Enterprises Soction 11 ~' All establishments and enterprises which 87 pension nouse, sarina or massage slo, beast and/or other tourist reseut or alniior Provided, “That thls provisien hall. not appl, to any person who is related within the fourth degree of consangulnily oF affinity ct any bond recognized by law, Yecal custom und tradition of acts i: the Performence of a social, moral or aga! duty, (©) Any orion who shall induce, deliver or cofier 3 minor to any one prohibited by this ‘Act to k@p oF have In his company a mino! as “provided: In tho preceding paragrap) (2) Ay person, owner, manager or one entrusted with the operation of any puibin. or privae placa of accommodation, whelher “or occupancy, food, drink ‘or otherwise, Including residertiat pieces, who allows any person te take along wish him to such place or places, any mit or horein described (€) Any person who shall use, coerce, force ot intimidate a sircet.child or any othar child ta; (2) Beg 9° use bogging as @ means of fiving Act a5 conduit or iddlemen in d'uy Leaificking oF pushing: or (9) Condect any legal netwvities, Establishments or Bor rout An pinterprise % travel agency, ot hich: promotes the28 [2009 CENTRALIZED NAR OPERATIONS aforementianed acts a3 part of a tour for forelgn tourists: exhibits chilcren ic. a lewd o¢ Indecent show; provider child masseurs for adulte of the same or opposita sex and sald services inchide any lascivious conduct with the customers, or solicits children or tives cunstituting the aforementioned acts shall Le deemad to have commited the sets penaiized heroin, AN ACT TO SEGURE AND PROTECT OUK PEOPLE FROM TERRORISM Mareh 8, 2007 Doclaraticn of Polley (Section 2) Ils declared a policy of the State to protect life, lberty, and property from acts of terrorism, to ‘congema terrorism as inimical and.canyeraus ‘0 the agonal secunty of the ccuntry and to the welfare of the people, and to make terronsni a crime against the Filipino people, against hurmanity, and against tho law of nations. Soction 9 ‘The crime of ferruriem is committed by any person who engages in any of the following acts punishable uncer RPC and other spacial lawe: (PRC MaKaDa ATAHAF) Mader RPG: 1, Biracy in general and Mutiny in the high seas {OF ln the Philippine waters (vt, 12% of RPO); 2. Rebellion of insurrection (Art, 134 of BPC): 3, Coup detat including acty committed’ by private persons (Art. 154-0 of RPC), Murcar (Art, 248 of RPC): Kidncpping and Sertous tllegal Detention (Art 287 of RPG); Grmes lavolving Destruction (Art. 924 of REOr Mader Soacinl Laws: Caw un argon (PD No, 1812}; 8. Zoxle substarices andi Hazardous and Nuclea: Waste Control Aci of 4809 / RA No, 698); 9. Alomis Energy Raguiatory ana Liability Act of 1868 (RA Wa, 8207), 10, Antieijacking Lew (RA No. $295): 41, Anti PLacy end Ant-t lighwoy Robt ary Levy of 4974 (PD No, 522). 12,Dasree Gaditying ‘he Laws on itegat and Uniawiul Possession, Menctacture, Dealing tn, Acquisition or Dlspostton of Firearms Atnmunitions cr Explosives (r'D Ae. 1886) Ban eda College of Haw PROVIDED that tho followiig requisites are yosent: 4. The act commited sows ane concition of widespread sad” ex fear and panic among ‘we 6 3p tac 2. The act way commie in order to eoe'ee the goverment to give itt io an wnlawul cemand, rastes @ facrd! aly NS: The deneht of Pucci Is riot applicable 10 persons convicted under Lils Conspiracy to Commalt Turroriem (Section 4) Persons who conspire to soni the crime of terrorism shall suffer tha persily of 40, years of ime-isonment. Ponaitios fo Accomziico and Ascossory Sec. 6, An accomplice shall sulfer the penally of from seventeen (17) years, four months on day to twoniy (20) yasrs 0! Imprisoninent, See. 6. An accessory shall suffer the penally of tan (10) yrars and one day to twulve (12) years of innprisonment. Note: The provisions of Articles 18 and 19 of the RPC do ‘not. apply since the penally of nomenclalue in the Act Is nol the same as thal of tne RPC. ‘SUFVEILLANCE AND INTERCEPTION OF COMMUNICATION (SECTION 7) Gon. Rulo: Notwithstanding RA No., 4200 (Anti. Wire Tapping Law), °, police of law énfore official and members of his team may, writton order of the Qourt of Appeals, listen to, Inlercept and re2ord eny communication between members. of aaludllaltededlgtad and outlawed Terrorist ESA ieee of of peta HEN cree of terse qBabonapracy’ to TROL. juciictal recordSar Fieda College of ay ©) Exeminatlon: under cath or atfirmation of che applicant und the wiitiesses he may preduce te ‘estabilsry (SEN) 1. There Is probabe cause co heave hosed A personal knuwiedge of facts that the su'd Stlme of tereniism or consplrucy te sommit ferrorls fas beor committed, Is being commited or Is ubaut ty te coinmitd; | 2. There is probable cause to helieve based fon personal knowledge cf facts the! Evidence, which is essential 10 the Conviction of any charged or suspected Ferson, will b> cbtained, ‘There Is No other wlfective means for sequlring such evidence. Soc. 9. The following, Information: 1, Written’ orcior granted Sv the avthoriarg Olvisior. of the Ca Order by CA ter extend No,t; ‘Original application of tho applicant; Application to renew no. 3, Written authorizations "cf Antl-Terrorism Council, declarid as classified ha person being survellled or whose communications have been monitored, listened to, “ouyged or recorded, has ‘he ‘right to be Informed of the acts done by the law enforcement authorities and to challenge the logaity of the Interference betore the CA which Issued the orca. Sec. 10. The judicial authorization shali_ be effective for the lenaih of thne specified in the writen order of tha authorizing diviclon of the CA, which chall not exceed 39 days from the recalat of the order 4y the applicant, ‘Th? authorizing division of the CA may extend or renew the said authorization for enothar non- exiendibie period, which shail nat exeed 30 days fron: the expiration of the orlginet perioa, Frovided thi 1. The authorizing division ot CA is salis‘ied wat such extension is in the public inerest: The ox perte application for extension or renevral Is filed by the origina’ applicant end has heen duly authorized in writing by the AatieTerrorism Counel In caso of death of divebi:ty of tho originat uppticant: the application fo: extension shall be. filed by the ona next liv rank to the original applicant among the members of his sam. ‘The: applicant shail have 30 tuys alter the (enmination of the period granted by CA within MEMORY AID IN CRIMINAL LAW| 269 which Jo flethe apprcoriale cise poles the Public Prosscitor's Otice Wino case os fied within the 30-day peiiod, the applicant shail qotify the person subject of the suveilance of the termination of such survelliance of recording, Sec. 11. All tapes, discs and recordings made Pursuant to the authorization of the CA including excorpta, simmerles and written notes made In connection therewith) shall be deposited In a sealed onvolop or package accempenied by @ Joint affidavit of the applicant polloe officer of law enforcoment officials and the membure of his team, with the authorizing CA division within 48 hours atterthe oxalration of the ordar. + lis untawful for any person, paiey officer or any custedion uf the tapes, alsa and Fecording, and their e cerpia and summaries, weitlan notes or’ memoranda to copy. in whatever form, to remove, delete, expunge, Incinerate, shred or destroy'in aay manner the toms erumerated above In whole or In part under ary pretext whalsoover,, Scc, 13. The sealed envelope or package and the contents thereof shall bo deomed classified Information and the came shall nat bo openod and its contents shall not be divulged of used as evidence UNLESS authorized by writen order of the auuhofizing CA division The said wrillen order shail be grantod upor 4. A-witer application of OJ ted bufory the authotizing division of CA; 2. A showing that the DOJ hos bnen duly authorized in writing by the Anti-Terrorism Council to fle such application; 3 Proper ‘notice to the person whose 9p, Subjected to Foonteus of tie corded i i onstence, convert SH meuting, sve he Bitton of Ths portant ‘thal absolutely rot $F adMisyblo and usable as evidence against enybody in any jucticw!, quis THT“2190. 12009 CENTRALIZED BAR OPERATIONS Judicial, fegisiativa, or actininistra'ive investigation, “nguity, procoading, or hoariig Sec. 47, Any erganizution, association 2 grou: persone ~ + organized for the purpose of ongaging terrorism; ot + altheugh’ not oxganizad for that purpose, actually uses the Rois to tertorize of tO sow nd ‘create a condition of widespread ast extraordinary fear ane penic among the papulaee in erder to coerce the government ts flva Ie ta uniewful comend shall, 1 application by DV, before x competent RTC, vil. duo neice and opportunity to be heard given € the. sald group, be desiaggd as a inerurist rh cullawed —_oxganizalion, asnociation, ¢7 graup of persons by the RTC Note: An assoclation of tervorists fs not an i'egol ‘asvociation defined under the RPC. At, 147, llega! assoolations. — The penalty of prisien correccional in lls minimum sind medium periuds and a fine not exceeding 1,000 pesos sha't be imposed upan the founders, cirecto-s, and presiden's of ansociations totally vr partially organized tor the purpose of commiting any of tho-erlmes; puniahable under (his Code or for foe purpose contayy to, pui, moras, More inémt sia, pf salt -asbocialons vstiail-s}fe~ the penalty of afresto mayor. Sec, 18, Period! of Detention without Jualciat Warrent of Arrest. Gan, Rule: Notwithstanding Art. 125 of RPC, any police or lew, enforcement personnel who has laken custody’ of a-porson charged or suspected Of the crime of terrorism. of conspiracy to comm terrorism ehall dellver saul charged person te the iproper Jucieial authority, within 3 days counts! froma tha momant of arrest. Noto; 'Anthterroriam law amended Ar. 126 of the RPC Ingofar as lerroriem end conspiracy Ir coment terrorism are concerned, Ait 428, Dalay in tha dalivary of Gatoined persons {0 the proper judicial eutharties. ~~ Tne peneiis provided in tha next pravacing anicle shall be Imposed ur'en tha public otfenser employee whe shall delaln ony person for some legal ground anc shall Gil-to deliver suck person 19 he GIF Juaiclul authoritea within the period of; 12 hours for tsimes or oMenses punishable’ by_ ligt penalties, oF thelr equivalent; 18 hous fer crime oF oifongus punshabla by correctional penal “arn San ena College of Tavs or thele equivalent ond 38 fours for evimas, oF olfenscé puniahubie by 3ilcive or capita penaliag, 3 thelreuivala, Excoption: (Sés, 18) In the event cf actual or imminent terroris! attack, syspecte may be delained ior more then 2 vays upou wiltten pal, city, provincial or regionet official of Hunan Rights coinmission, b, |uckya of MTC, RTC or Sangiganbayan; or 2 justice of CA neorest the place’ of-arrest, The written approval oust bs procured withia & days after the date of fcetention, Provided tral within 3 days. afer ietention, suspects: whose: ecnnection with the error ullack or threat If not established, hall be salezmed immediately IV the arvext is wade during Seiurdays, Sundays, halidays or after office, hours, the poiice of law enforcement peisonnel shall bring the arrested person to the residence of any of the oficials ‘mentioried above. Special Cases: Where tho arrest resulted from: 4. Survelianco or interception of communication; or 2. Exarnlnation of bank deposits. i! Boforey-detaining- the’ Beran, suspediad spt the. crime of” térrotsm or censpitacy “to comm terrorism, the 2fresting officer “shall present niminer Betare eny judge at ihe latter’s residence of office nzeresi the place where the arrest took place at any tine of the day or night. The following shall be the duties of the judge in such casei 1. Ascertal oop Beton Nigel : Pitt be iff natiro and cause css rest#San Meyn Colleye af Kay Kay MEMORY AID IN CRIMINAL LAW] 191 2; Right to remain eller 98, Right to have competent and independent counsai oreferably of his choice. 4 the parson cannot attord the services of Gounr@l of :hischilee, the police or lew enforcement vit concerned shall lnumesiately contact the tree legal assistance Unit ofthe IOP or PAO; 4, Fight to be Informed of ttle cause of nis detontian In the presence of hs legal counses; 5. Allowed to comminnicale freely with his counsel; 6. Allowod to communicate freely ana privately with the menters of his family or with his Nearest relatives and to be visited by tham; 7. Allowed freely to avall of the service at a physiclan of choles, * Soc. 26, In cases wher evidence of guilt is not strong and the person charyed wit, the crime of teironsm or conspiracy. to commit terrorism is Granted bail,'the court, upen epplicilion by the Broszcutor, shail fimit the right of vavel of the accused within the niunicipality or elty where he resioes or whare the casa Is per ding, Travel outside of said mbnicipalty of ety shall be deemed a violation of the terms and conditions of his bail, which shall then be forfetted The accused may also be placed under nouse arrest at his usual place of resioence. While under hovee arrest, he may not use telephones, celiphonas, emails, c2mputers, the Intermat or'ether means of eornmunicntions with People outside the residence unill otherwise ordered by the court. Examination of bank deposits Soc. 27, Notwithstanding RA No. 1408 (Bank Sexreuy Lew) ax emonded, judicial authorization to examine bank deposits, accaunis and records may be procured from’ the justices of CA designated to hendie anthlerrccism cnses after satistying themselves of the existence of probable ause In hearing for that purpose that: (1) a person charged \itn or suspected of th: ciimne of terroriany ut, conspiracy to comm'ttesrorsir, (2) of @ judicially declared and owawed terrorist organization, association, or croup of persons; ant (4) of 3 member ef auch judicwsiy Seulaned and outlawed organization, association, or group Gf persons, may authorize in writing uny povice oF law enforcemeat officer and the memburs af bhistrer iam duly authorized fn writing dy the ane terrorism council to: (8) examine, 0* cause the examinailor of the deposits, ‘placements, trust accounts, assets fand recoids In a bank or fiancial Institution; ant ich deposits, placaments, aeets, and records from a ust -aceounte, Dank or financial institution, +The bank" or finansfal Inolitution conertied, stall not refuse {9 allow such examination ‘or t provide tha eslesd information, when se, ordored by ‘and served with the written order of tha Coun of Appeals, Sec. 28, Roguicites for application {0 examine ‘bank deposit 7 4, Ex parto application to the CA by he palice or {aw enforcement offical, 2, ‘The pollee of law enforcement official rust be authorized in writing by the Anti-Terrorism Council to fle such, application 3. Examination under oath or affirmation of the appiicant and the witnesses he may produce {0 establis the facts that will Justify the heed ant urgency of examining and freezing the bank deposits, piaceinents, trust accounts assets and records, Soc, 30. Effective period of court authorizuion ¢ examine end chiain information on bank deposits, accounts and records ~ time specified In the writen order, which shall not exceec 30 toys from the date ef the receipt of the writen erder by the applicant police. It may be exteided for another period which shi! Not exceed 36 days from the expliallon vf tie tiiginal pecius, provided: 1. Tho authoraing uivision af the CA Is satiatios {hal such extension Is in the publi Interest; 2. The anpleevanematggloh or rsa vat have ne iy tow aes Terrarisieet oe sich msiopiles gbpaine apply: period, vie in walling the person subja mn and treezing of accounts,4192, [2909 CENTRALIZED GAR OPERATIONS Soc, 34.-All loformetion,, summaries and other ‘documents eblained (rom the exemination ot bank eposts shall within 48 hours after the expiration of the period (xed in the writen cider be Geposted wilh the authorizing division of CA in a seated envelope or package. Soc, 33. The seeléd envelope or package shail not be opened and lis canierts shall noi be used ‘39 evidence. unless authorized in.a written order ‘of the authorizing division of CA. Requisites in apoiying for judicial authorization to pen tha sealed enve'gve containing rosords of bank account 4, Whitten application cf OOM Hed before the authorizing distsion cf CA 2, Authorization in waiting by the Ant-‘errorisin Counelt to fie such apptination 4. Notice in writing to the party concerned not later than 3 days cotore the scneduled opening: 4, Tho application and notice must clearly state the reason for opening or using the Inforrnation, Soc. 35. Any Information secured in violation of this act shall not be admissible as evidence. Seizsira and Soquostration Sec. 39, The sald accoun's shall pe seized, sequestered, and frozen in order to prevent their Use cr transfer far purposes that are ‘nimical to tho safoty and security of the people cr injurious to the state, NB. : The accused may withdrew such sums as may Le reasonabiy needed by the monthiy needs af his family Including the services of his counsel uupan approvai of the court. Sec. 44. If tha person suspected of or chargud with tha eime af terrorism or conspiracy to omimilt terrorism Is found, after his investigation, to be Innocent by the lovestigating body, 0: is acquitted, after his arraignment or his casa is dismissed bafore hla° arraignment by a competent cou Effocts: 4 the soisura, saquostration and freezing ois vank deposits, plecemen's, trust accoun's, assets and recoria shall forthwith bu ceared ited by 'hv investigating body or by the competent court, as tha case may be, and 41, hip honk €aposite, placements, trust accounts, Ugsrte and ragorda shall be deemed celeaset from euch talzure, si.questation and freer, anil shail ba rasioted fo hin: winout any delay Soc. 64. Fuoalionsagailenaupel: + Formal Seam ograms and Byeours eiiree ean els andgagis ¢ _ Ban Beds College of Lay by the’ benk or fnancial Institution concerned swthout any furthar action on his part ‘The fling of any appeal on motion for reconsideration shat not stale the release of seid funds from seizure, sequestratinn end freezing, + Wha: person charged with the crime of ianeriem of conspiracy to commit terrerism [convicted by a final Judgment of a competent trial court, nis ‘selzed, sequestered and. frozen benk dyposite, placements, trust accounts, faseels | and. recorus shall ba automatically forfelted In fevor of the government. ‘Sue. 49, Praegcullon under this ast shail be a bar to enotier prosecution under the REC er any special pe-tal awe. ° Sec, 59. Upon acquit, any person accused of terrorism enall be entitled to the payment of damagas in the amount of PS00,000.00 for exery day that ha has been cotalned without warrant, 0c. 52. The provisions of Book 1 of the RPC shall be applicable to this act Sev. 53, ‘The Aail-Terrorism Council sha! be composad of: + Execillve Sactetary.~ chairperson 2. Secretary of Juctice ~ vice chaleperson 5, Secretary of Foreign Affairs ~ member Secretary of National Defense ~ member ‘Secretary of Inlerior and Local Government ~ member 6. Secratery of Finance ~ member 7. Nalicnel Sacurky Advisor member econ AE BELO A u ee peNaleisay GS data! cig, rari Au &, Stent give vhal INCAgE prosecution 6 ion sfSan Boda College of Las are able: for the ‘crime of terrotlem er conepiracy to commit terrorism, Coordinate wlth other nations, 8. Request the SC tu cesignate specific visions of CA and RTC in Mania, Cedi City and Cagayan de Oro City to handle at cases invotdng tha crime of terrorism or oxnsaracy te commit terrorism and ali matters incident 1 said era Soc. 56, Grievance Committoa — vested! with the powar to reveive arid uvaluate complaints ngainet the actuations of police and law antorzemant officials In the Implementation of tia act Composed of: + Ombudsman ~ Chale ‘+ Sclictor General ~ Member + An Undersecretary from DOJ — Member Sec. 88, txtretemtoris! Applization of Ths Act ~ Subject to the provision of an existing treaty of ‘which the Philippines Is a signatory and to any contrary. provision of any law of proereniial ‘application, the provisions of this act shall poly 1, Th fndiviotal persons whe eammit any of the srimes defines and puristies under this act within the terrestrial domain, ‘alerlor yalers, ‘merithne “zone, and airspace of the Pallppines; 2. To those who, although pliysically outside the ‘torial limils of the Pailippines, comm coriepire 0” alot to commit any of the crimes (lefine ard punished in this act insice the terrivrial links 9 the Philippines, 3. To those who, although physically autside the territorial tits of the P2ilippine s, commit any of the sald crimes on beart Phi‘ppine ship or airship, 4. To those who comm any of the sais erimes witin eny embessy, consulate or clplomatie Preaiises belonging to or cccupied by the Philppine Gévernrient in an atfeal capacity, 5, To thoxe who, although physically outside the {orrtoret limits of the Fhlippines, commit said crlines ageinst Philippine silzens or persons of Philppine tiescent, where nelr clizenship ‘or ethnicity was a fector in the commission of tha erine; 8. To those who, although ptiysleelly outsida the terrtor a lintts of the Philippines, corral said orimes, directly against tha Philippine Government. Soc. 62. Sceclel Effectily Clouse ~ 2 menths eer the May 2007 election upon: MEMORY AID IN CRIMINAL LAW| 193 an MEMORY AID IN CRIMINAL LAW| 2.93 + Publication in 3 newspapers of natlonat ‘lrculation, + Publication in newspapers of local ckrutation cone each in: 1. Hoces Norte 2. Baguio city 3. Pampanga 4 Cebu 5. Hole 6 Tadlotan 7. Cagayan de oro 8. Savag 8. Genaral Santos cry The lita of this act and its provisions defining the 8 of terrorism shal be alrsd at primetime for Seven days, morning, noon ahd nignt over: > 3 national telovision and rad'o networks, % ‘Television and radio networks in Cebu, Tacloban, tiollc, Lanao del Sur, Cagayan de Or, Davee ‘cily, Cotabmid City, and Zamboanga Cy, N.B. The provisions of this act shall te somatically suspended 1 month bofer an! 2 montis alter the Nelding of any eivotion, ‘AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PUR2OSE Wresthict or pi Import storage, tronsportalio:194 J2005 CENTRE! ED BAR OPERATIONS, san Beda Collene of Lars 7 sale, 8. distisution, 9, uso, and 40, dispesal of all urvegulated chemical substances end mixtures in the Philipp. nes Pro. Manufacture and Roquirements (Section 8) Riefore any new cnnmical substsnce or mixture eon, be manufactured, p/ocessed oF imported for the ‘rst time as dclvemined by the Department of Environment and Natural Resources, | the manufaciurer, processer or Importer shall submit {he folloving information: 4, The name of. the chemical substance or aibeturo; 2, ite chern'eal Identity and molecular structure; 2, Proposed categeries cf use; 4. An. estimate of the amount to be Tranulactired, processed or imported; Processing ed dlsposal thereof; arid 5. Any test daw related to Fealth and environmental - effects which the manufacturer, processor or importer has. Fro-importation Ghomical Subject to Testing (Section 8) Testing shall be required in ull cases wnere: a, There {s @ reason to believe that the chemicat substance or mixture may present an Unreasonable risk to heulth or the environnient or there may be substantial human or environmentel ‘exposuro thereto; 7 b." There are Insufficlent data and eaperlence for elenaining or predicting te ‘health and ‘environmental uflecis of ine chemical substance or mixture; and 4 The testing of the ‘chemical substance or mixture Is necessary to davelop such data ‘The manufacturers, processors or importers shall shoulder the costs of testing sistance or mixture thot wil be manufacture processed or importsd. Ghomical Gubstinees Exumpt from Pro- Manutacture Notification (Section 14) 4y_. Thote tnelided in the categories of chemical cubstancea and mixtures alrsacy listed ln the Inventory of oxlating chemicals; 2: Thoes (e be produced In gmail quantiies sclely for experimental or research and developmental -uTp0sns: 3, Chemical: sutstaaces and inbatures that wit not preseht an unreasonabie sisk to health ‘and the eavironmant; 4, Chemical substence: temporarily and which have to fen.konmental exposure and situras that exist Ia the chem'cal Prohibited Acts (Soetlon 13) 4, Knowhigly se @ chemical substances or mixture walch is “Imported, manufactured, processed oF ulétibuted in violation of thia Act or implenienting rules and regulations ot orders, 2. Failure orvefusaito: a. Submit reports, nctiegs or other inforriation, b. Give access {0 records as required by this Act, or Permt Inspection of establishment where chemicals are manufactured, processed, stored urotherulse hale; 3. Falwure of refusal fo comply with the pre= manufacture. and pre-importation requirements; ard Cause, ald or facta, directly or indirecty, in the storage, importation, or bringing Into Philippine territory, Including is maritime, economic zones ‘any amount of hazerdous and nuclear wastes it any dart ofthe Philippines. ‘Ai ACT PROVIDING FOR THE LICENSING ‘AND REGULATICH GF ‘ATOMIC ENERGY FACILITIES ANC NAYERIALS, ESTABLISHING THE RULES ON LIABILITY FOR NUCLEAR DAMAGE, AND FOR OTHER PURPOSES: Declaration of Policy «Its the declared policy of the Phillplne, Goer yagourage, promote and assign 2 af alomie Yige, for StU ptt 2 meanyo " Rey 2. onde penn eee ee CUE DEL ENP Qe and seule len, or sn} een oe Qi sayuion Te ovnedBan Mode Cokege ut Ha controlled by an alah a foreign foreign government rparalion, or 3 For purposes of this Act, @ cot soratien ur entity is el owned oF controliat! by an ellen, fole-gn Corpniation of @ fornian ge vernmert i at least sixty percen! (€0%) of ie capital stock ie owned by Fitiping citizens, See, 10, Provisional Licensu. in all cases of enpliaalion for tiesnsen 10 construct an tome. energy facity If the Commisnion find: that, on the basis of the tectirical information sind! data so far made ovallable to it, there ig - reasonable assurance thet the proposed insta‘ation can be wonsiructed and onerated at the propesed lecation without undue isk to the health and safely of the public, chall Litially issue a [rovisional license to the appiizant, ‘Such @ provisional license may bo grantee! even if the health and safety information then avaitabl> ts Jess, thon would be necdee for a Reense to ‘operate provided that the ‘20m mission w etisnee ‘that thers Is reasonable assurance that questions of health end saicty-will be so resolved as 10 warrant the issuance of ¢ license to operate the Installation ‘See. 13. Continued Oporaticn of Atomic Energy Faclity in Cesu of Revoked License. Wherever the Cammiselon finds that 1. The public convenience ans nscessity: or 2. ‘The atomic energy doveiopment prourain of the Commiss‘on requires continued operation + Of at! atontic- energy facility tho license for which has been ravriked Tne! Commission may, after censuitation with the Public Service Coumission or appropriate agency hhaving Jurisdiction, ordur that possession be fake? of such atomic ‘enerey facilty (Including any atonils energy materials which are at the facilty for Use in operation of the facility) and tha’ it be operated for such period of time asin the Judgiaent of the “Commission, the public Convenience and riecessity or the atomic energy development program of the Cominissicr. require, OF unit a tieeitse for the oparation of tne atomic {nei gy facity snall become effactive, dust coraponsation shall be paid for the use of the fnchity, Sec. 23, Period of Licanse, Ench lcenso shall be Issued for a spetified period, ae determined by tte Commission dapending on the type of activity to bs licensed, but not exceeding thinycive years and may be renewed Uaan the expiration of such petiod nV EMORY 81D IM CRIMINAL LAW| 295 Sec. 24, Gar Rul corn isslon nie net Ueenses issued by the ansternbia, ‘caption: In cases whore tie conimission consents to such lrensfer Sec, 26. The corms and conditions of alt licenses shall be subject to amendment or mouificalion, by Feason of wmenémenis of this Act of by reason of amendments of reguiations or orders Insuied it accordance with the terme of this Act. Sec. 33. A report by any ligensee of any incident arising Out of oF In connection with a licensed activity made pursuant to any requirement of te Comutsaton shalt not be admitod as evidence ia any suit oF action fur damages growing out «any matter menlened in such re ror Sec. 62. Proscription of Righis and Actions Rights of compensation under this Act shall prescrlve after tan yours from the dete of the nuclear Incident Actions for cemponsation under this Act shall be barred unless brought within three ynars frem the date on which the ‘person suffering ucla damage had knowledge or should have had knowledge of the damage and of the'instaiaion operator lable for the damage A lalin under ihis eet may be amended te take into account any aggravation of the damaga, ovun, alter the expiry of that perled, providod, thal fina Judgment has not bean‘entered in the casa ee GF this Actsialbbartaa ped fromm tha Gibor df uclege. ir ue eLlod shally no aU os i95 12009 CENTRALIZED BAR, ore CODIFYING THs Laws oN ILLEGAL/UN. AWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITIG OR DISPOSITION, OF | FIPEAIT AMMUNITION OR’ EXPLOS'V INSTRUMENTS USED IN THE MANURAGTUH OF PIREARKES, AMMUNITION "04 FYPLOSIVES, - AND IMPOSING | STIFELS PENALTIES FOR “CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT FURPOSES Punishatie Acts 4: Unlawiul Manufacture, Sale, _Acauisitiou, Disposition or Possession of Firearms ut ‘Ammunitan oF instruments Used or Intended to be used in the Manutecture of Firearms ai ‘Ammunition, > The possession of any machinery, tos! or Inairunwent used The possession of any machinery, tocl ar Instrument directly used in the manufacture of explesivos, by any person whose busiiess or emplaymont dove nat lawfuly desl with bie manufacture of explosives shall be price facie evidence ‘hat such article is intendsd to bo tisad I the unlavullllegal manufacture of explosives, ‘Tampering of Fltearin’s Serial Number, 4. Repackiiy ov Altering the Composition of Lawiuly Menvtactured E:plusives. Unavthorizad iesuense of Auitority ie Cairy “Fase endics Amrauntion Octskla ot Residence Monoy Inundering is a schome vatereby se prasaade of an ilegal activity are transacted ai made fo appter to have originated from legitimate sources. eect Bont Beds College of Lary Tho ‘stitutions er vored by AMLA are ia ‘f a} Plithose supervised and regulated by US, '3) AQ those tupervised and regulated by the SEA; Ail “hose supervised and regulated by the Insurance Nommission. Monsy !aunde:ing 1s commited bys 1. o8ny persun knowing that a listrament is ralated 19 the proseesis of an unlawful estivily, enters or attempls to enior into a transaction using the ssid monetary Ineieument Any person Knoving tat a monetary Instrument involves the pinceeds of an vuniawful ectivity, performs or falls *o perform ‘any act as a result of which ha faciitates the ‘offence of mionay iaundering; 3, -Any person knowing that a monetary Instrument js required under the AMLA (0 be disclosed and fled with the Anti-Money Laundering Counell, fails to do 20, mnoratiry Fiensos punishablé under AMLA Failcre to Koop records -- committed by any resporelbls official. or employee of a covered Institution who {eile to maintain enc! safely store all records of transactions for five years free the dates the trancactions ware made or when the accounts wore closed} 2. Malicious reporting ~ committed vy any person, wih malice of sa bad faith, reposts or fies a completely unwarranted or false Information regarding money iaundering: Brsach of Confidential; Administrative Offensis - Filed agains: officers and employes cf covered instittione fr any person vino visiates the provisions AAA ae wed tracyaginh saa ingg) sea ee os stfu ‘ea t Incividual makieg the vansaction;