Republic Act No.

9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women
and children and guarantees full respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children, from violence and threats to
their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all
forms of discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
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.
C. "Psychological violence" refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in
any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to
the use and enjoyment of the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the
conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological
and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing

basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing
of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety
of victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or child.
This shall include, but not limited to, the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her
child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5
hereof shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of the
Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph
but shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence
of her child, the penalty to be applied shall be the maximum period of penalty prescribed in
the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but not more than three hundred thousand
pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at the option of the
compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose
of preventing further acts of violence against a woman or her child specified in Section 5 of this Act
and granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or
through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless
of ownership of the residence, either temporarily for the purpose of protecting the petitioner,
or permanently where no property rights are violated, and if respondent must remove
personal effects from the residence, the court shall direct a law enforcement agent to
accompany the respondent has gathered his things and escort respondent from the
residence;
(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school,
place of employment, or any specified place frequented by the petitioner and any designated
family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential personal
effects, or to supervise the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to
legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the remittance of support to the woman
and/or her child without justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by the
court, including revocation of license and disqualification to apply for any license to use or
possess a firearm. If the offender is a law enforcement agent, the court shall order the
offender to surrender his firearm and shall direct the appropriate authority to investigate on
the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited
to, property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. A petition for protection order may be
filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units
(LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of the
offense committed.
SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the rules
on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence
of the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. The application for a protection order must be
in writing, signed and verified under oath by the applicant. It may be filed as an independent action
or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application form, written in English with
translation to the major local languages, shall be made available to facilitate applications for
protections order, and shall contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When disclosure of the
address of the victim will pose danger to her life, it shall be so stated in the application. In such a
case, the applicant shall attest that the victim is residing in the municipality or city over which court
has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a
TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application.
Law enforcement agents shall also extend assistance in the application for protection orders in
cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this Act shall
be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that
the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal
representation of the petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify
the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue the protection order to the applicant on the date of filing
after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to
act on the application for a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the

issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of
an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.
SECTION 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by the court sheriff who may
obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the
date of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to
protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of
his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the
PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing.
In case the respondent fails to appear despite proper notice, the court shall allow ex parte
presentation of the evidence by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of abusive conduct of a respondent
even if the same was not directed against the applicant or the person for whom the applicant is
made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in
one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued
is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days
at each particular time until final judgment is issued. The extended or renewed TPO may be modified
by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO
shall be effective until revoked by a court upon application of the person in whose favor the order
was issued. The court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between
the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not
the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. The following statement must be printed in
bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders Failure to act on
an application for a protection order within the reglementary period specified in the previous section
without justifiable cause shall render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. In cases of legal separation, where violence as specified in
this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The hearing on any application for a
protection order filed by the petitioner must be conducted within the mandatory period specified in
this Act.
SECTION 20. Priority of Application for a Protection Order. Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all
other proceedings. Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all other business and, if necessary, suspend
other proceedings in order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO issued under this
Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit
trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO
shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil
action that the offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and
upon judgment, the trial court may motu proprio issue a protection order as it deems necessary
without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. The foregoing provisions on
protection orders shall be applicable in impliedly instituted with the criminal actions involving violence
against women and their children.
SECTION 23. Bond to Keep the Peace. The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall
in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under

Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to
5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the
courts.
SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty
(20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense
under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. The woman victim of violence shall be entitled to the custody
and support of her child/children. Children below seven (7) years old older but with mental or
physical disabilities shall automatically be given to the mother, with right to support, unless the court
finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of a
woman who is suffering from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court personnel should
observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials and law
enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim
by entering the necessary whether or not a protection order has been issued and ensure the
safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond
to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the victim
as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.
SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider, including, but not
limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor
who suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost;
and
(e) provide the victim immediate and adequate notice of rights and remedies provided under
this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs Other government agencies and
LGUs shall establish programs such as, but not limited to, education and information campaign and
seminars or symposia on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
education and training of their officers and personnel on the prevention of violence against women
and their children under the Act.
SECTION 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence he
applicant for a protection order to compromise or abandon any of the reliefs sought in the application
for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412
and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought
under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. In every case of violence against women
and their children as herein defined, any person, private individual or police authority or barangay
official who, acting in accordance with law, responds or intervenes without using violence or restraint
greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.
SECTION 35. Rights of Victims. In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public
legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code;
and
(e) To be informed of their rights and the services available to them including their right to
apply for a protection order.
SECTION 36. Damages. Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If the victim is an
indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an
application for a protection order, the court shall accept the application without payment of the filing
fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on
Violence Against Women and their children, hereinafter known as the Council, which shall be
composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to
the needs of their clients. The Council will also serve as the monitoring body as regards to VAW
initiatives.
The Council members may designate their duly authorized representative who shall have a rank not
lower than an assistant secretary or its equivalent. These representatives shall attend Council
meetings in their behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and LGU's shall provide
the victims temporary shelters, provide counseling, psycho-social services and /or, recovery,
rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. The DSWD shall provide rehabilitative
counseling and treatment to perpetrators towards learning constructive ways of coping with anger
and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by
the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their
Children Cases. All agencies involved in responding to violence against women and their children
cases shall be required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their
children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and
e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and training program for police
officers and barangay officials to enable them to properly handle cases of violence against women
and their children.
SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim
under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. All records pertaining to cases of violence against women and their
children including those in the barangay shall be confidential and all public officers and employees
and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever
publishes or causes to be published, in any format, the name, address, telephone number, school,

business address, employer, or other identifying information of a victim or an immediate family

member, without the latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a
fine of not more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
implement services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. Within six (6) months from the approval of this
Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application For purposes of this Act, the Revised Penal Code and other
applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. If any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions shall not be affected.
SECTION 49. Repealing Clause All laws, Presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 50. Effectivity This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.

PRESIDENTIAL DECREE No. 603

THE CHILD AND YOUTH WELFARE CODE
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order and decree the following:
TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation. Every
effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy
life.

The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be
cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of the
family should strive to make the home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making
the home isolated and exclusive and unconcerned with the interests of the community and the
country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the
aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general, should assist
the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth Welfare
Code. It shall apply to persons below twenty-one years of age except those emancipated in
accordance with law. "Child" or "minor" or "youth" as used in this Code, shall refer to such persons.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other
factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of
his conception, as generally accepted in medical parlance, and has, therefore, the right to be
born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care
and understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that
he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and
care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for
the enrichment and the strengthening of his character.

(6) Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself and to his
fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and
activities, individual as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards,
and other conditions or circumstances prejudicial to his physical, mental, emotional, social
and moral development.
(9) Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of his health
and the cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly
when his parents or guardians fail or are unable to provide him with his fundamental needs
for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith
in democracy and inspire him with the morality of the constituted authorities both in their
public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to
contribute his share in the building of a better world.
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth,
sex, religion, social status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the
teachings of his elders and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the
family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a
formal education suited to his abilities, in order that he may become an asset to himself and
to society;
(5) Respect not only his elders but also the customs and traditions of our people, the
memory of our heroes, the duly constituted authorities, the laws of our country, and the
principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always
bearing in mind that it is the youth who will eventually be called upon to discharge the
responsibility of leadership in shaping the nation's future; and

(7) Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their common
aspirations for programs and prosperity, and the furtherance of world peace.
Article 5. Commencement of Civil Personality. - The civil personality of the child shall commence
from the time of his conception, for all purposes favorable to him, subject to the requirements of
Article 41 of the Civil Code.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall
be governed by the pertinent provisions of the Revised Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly
confidential and no information relating thereto shall be issued except on the request of any of the
following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution
legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative,
judicial or other official proceedings to determine the identity of the child's parents or other
circumstances surrounding his birth; and
(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or
a fine in an amount not exceeding five hundred pesos, or both, in the discretion of the court.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and
property of the child, his welfare shall be the paramount consideration.
Article 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance
through his various levels of growth, from infancy to early and later childhood, to puberty and
adolescence, and when necessary even after he shall have attained age 21.
Article 10. Phases of Development. - The child shall enjoy special protection and shall be given
opportunities and facilities, by law and by other means, to ensure and enable his fullest development
physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal manner and
in conditions of freedom and dignity appropriate to the corresponding developmental stage.
Article 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate prenatal and post-natal care both for him and his mother. All appropriate measures shall be taken to
insure his normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents in
looking after the health of the child.
Article 12. Education. - The schools and other entities engaged in non-formal education shall assist
the parents in providing the best education for the child.

Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social
and emotional growth. These shall be undertaken by the home in collaboration with the schools and
other agencies engaged in the promotion of child welfare.
Article 14. Morality. - High moral principles should be instilled in the child, particularly in the home,
the school, and the church to which he belongs.
Article 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the
precepts of his religion should, as much as possible, be encouraged by the State.
Article 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be
brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and
in full consciousness of his responsibilities as a member of society.

TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
CHAPTER I
Parental Authority
SECTION A. In General
Article 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted children. In case of
disagreement, the father's decision shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to
exercise parental authority over such children, unless in case of the surviving parent's remarriage,
the court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his
mother unless the court finds compelling reasons to do so.
Article 18. Grandparents. - Grandparents shall be consulted on important family questions but they
shall not interfere in the exercise of parental authority by the parents.
Article 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or
sister who is at least eighteen years of age, or the relative who has actual custody of the child, shall
exercise parental authority in case of absence or death of both parents, unless a guardian has been
appointed in accordance with the succeeding provision.
Article 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in
Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and property of the child, on
petition of any relative or friend of the family or the Department of Social Welfare.
Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected
child shall be under the parental authority of a suitable or accredited person or institution that is

caring for him as provided for under the four preceding articles, after the child has been declared
abandoned by either the court or the Department of Social Welfare.
Article 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected
child may be transferred to the care of the Department of Social Welfare or a duly licensed childcaring institution or individual in accordance with Articles 142 and 154 of this Code, or upon the
request of the person or institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring
institution or individual shall be considered the guardian of the child for all intents and purposes.
Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case
study of every child who is the subject of guardianship or custody proceedings and to submit its
report and recommendations on the matter to the court for its guidance.
Article 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall
intervene on behalf of the child if it finds, after its case study, that the petition for guardianship or
custody should be denied.
Article 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at
the discretion of the court, be closed to the public and the records thereof shall not be released
without its approval.
Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not
inconsistent with the provisions of this Chapter shall remain in force: Provided, That Articles 334 up
to 348 inclusive on Adoption, are hereby expressly repealed and replaced by Section B of this
Chapter.
SECTION B. Adoption
Article 27. Who May Adopt. - Any person of age and in full possession of his civil rights may adopt:
Provided, That he is in a position to support and care for his legitimate, legitimated, acknowledged
natural children, or natural children by legal fiction, or other illegitimate children, in keeping with the
means, both material and otherwise, of the family. In all cases of adoption the adopter must be at
least fifteen years older than the person to be adopted.
Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
4. An alien who is disqualified to adopt according to the laws of his own country or one with
whose government the Republic of the Philippines has broken diplomatic relations.
Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case,
parental authority shall be exercised as if the child were their own by nature.
Article 30. Who May Not Be Adopted. - The following may not be adopted:

1. A married person, without the written consent of the spouse;

2. An alien with whose government the Republic of the Philippines has broken diplomatic
relations;
3. A person who has already been adopted unless the adoption has been previously revoked
or rescinded in accordance with this Chapter.
Article 31. Whose Consent is Necessary. - The written consent of the following to the adoption shall
be necessary:
1. The person to be adopted, if fourteen years of age or over;
2. The natural parents of the child or his legal guardian of the Department of Social Welfare
or any duly licensed child placement agency under whose care the child may be;
3. The natural children, fourteen years and above, of the adopting parents.
Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the court to
prevent the natural parents from making hurried decisions caused by strain or anxiety to give up the
child, and to ascertain, that all measures to strengthen the family have been exhausted and that any
prolonged stay of the child in his own home will be inimical to his welfare and interest.
Article 33. Case Study. - No petition for adoption shall be granted unless the Department of Social
Welfare, or the Social Work and Counselling Division, in case of Juvenile and Domestic Relations
Courts, has made a case study of the child to be adopted, his natural parents as well as the
prospective adopting parents, and has submitted its report and recommendations on the matter to
the court hearing such petition. The Department of Social Welfare shall intervene on behalf of the
child if it finds, after such case study, that the petition should be denied.
Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so
far as they are not in conflict with this Chapter.
Article 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the
adopting parents are given by the court a supervised trial custody period of at least six months to
assess their adjustment and emotional readiness for the legal union. During the period of trial
custody parental authority shall be vested in the adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial
period if it finds that it is to the best interest of the child. In such case, the court shall state its
reasons for reducing said period.
Article 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare
or duly licensed child placement agency and the evidence submitted before it, the court is satisfied
that the petitioner is qualified to maintain, care for, and educate the child, that the trial custody period
has been completed, and that the best interests of the child will be promoted by the adoption, a
decree of adoption shall be entered, which shall be effective as of the date the original petition was
filed. The decree shall state the name by which the child is thenceforth to be known.

Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall
be annotated on the record of birth, and the same shall entitle the adopted person to the issuance of
an amended certificate of birth.
Article 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases shall
be confidential and shall not be open to the public. All records, books and papers relating to the
adoption cases in the files of the court, of the Department of Social Welfare, and of any other agency
or institution participating in the adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books and
papers is needed, the person or agency requesting the release of the information may file a petition
to the court which entered the decree of adoption for its release. If the court finds that the disclosure
of the information is necessary for purposes connected with or arising out of the adoption and will be
for the best interests of the child, the court may permit the necessary information to be released,
restricting the purposes for which it may be used.
Article 39. Effects of Adoption. - The adoption shall:
1. Give to the adopted person the same rights and duties as if he were a legitimate child of
the adopter: Provided, That an adopted child cannot acquire Philippine citizenship by virtue
of such adoption;
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2. Dissolve the authority vested in the natural parent or parents, except where the adopter is
the spouse of the surviving natural parent;
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the adopter is
survived by legitimate parents or ascendants and by an adopted person, the latter shall not
have more successional rights than an acknowledged natural child: Provided, further, That
any property received gratuitously by the adopted from the adopter shall revert to the
adopter should the former predecease the latter without legitimate issue unless the adopted
has, during his lifetime, alienated such property: Provided, finally, That in the last case,
should the adopted leave no property other than that received from the adopter, and he is
survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse
shall receive one-fourth of such property; if the adopted is survived by illegitimate issue and
a spouse, then the former collectively shall receive one-fourth and the latter also one-fourth,
the rest in any case reverting to the adopter, observing in the case of the illegitimate issue
the proportion provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit
from him, except that if the latter are both dead, the adopting parent or parents take the place of the
natural parents in the line of succession, whether testate or interstate.
Article 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any
duly licensed child placement agency if the adopted is still a minor or otherwise incapacitated, may
ask for the rescission of the adoption on the same grounds that cause the loss of parental authority
under the Civil Code.
Article 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the
adoption in any of these cases:

1. If the adopted person has attempted against the life of the adopter and/or his spouse;
2. When the adopted minor has abandoned the home of the adopter for more than three
years and efforts have been exhausted to locate the minor within the stated period;
3. When by other acts the adopted person has definitely repudiated the adoption.
Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age
of majority at the time of the revocation or rescission referred to in the next preceding articles, the
court in the same proceeding shall determine whether he should be returned to the parental
authority of his natural parents or remitted to the Department of Social Welfare or any duly licensed
child placement agency or whether a guardian over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and when
granted by the court, shall release him from all obligations to his adopting parents and shall
extinguish all his rights against them: Provided, That if the said adopted person is physically or
mentally handicapped as to need a guardian over his person or property, or both, the court may
appoint a guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the
adopter's surname and the court shall order the amendment of the records in the Civil Register in
accordance with its decision.

CHAPTER II
Rights of Parents
Article 43. Primary Right of Parents. - The parents shall have the right to the company of their
children and, in relation to all other persons or institutions dealing with the child's development, the
primary right and obligation to provide for their upbringing.
Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights mentioned in
Articles 316 to 326 of the Civil Code over the person and property of the child.
Article 45. Right to Discipline Child. - Parents have the right to discipline the child as may be
necessary for the formation of his good character, and may therefore require from him obedience to
just and reasonable rules, suggestions and admonitions.

CHAPTER III
Duties of Parents

Article 46. General Duties. - Parents shall have the following general duties toward their children:

1. To give him affection, companionship and understanding;

2. To extend to him the benefits of moral guidance, self-discipline and religious instruction;
3. To supervise his activities, including his recreation;

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4. To inculcate in him the value of industry, thrift and self-reliance;

5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his country;
6. To advise him properly on any matter affecting his development and well-being;
7. To always set a good example;
8. To provide him with adequate support, as defined in Article 290 of the Civil Code; and
9. To administer his property, if any, according to his best interests, subject to the provisions
of Article 320 of the Civil Code.
Article 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in the
discussion of family affairs, especially in matters that particularly concern him. In cases involving his
discipline, the child shall be given a chance to present his side.
Article 48. Winning Child's Confidence. - Parents shall endeavor to win the child's confidence and to
encourage him to conduct with them on his activities and problems.
Article 49. Child Living Away from Home. - If by reason of his studies or for other causes, a child
does not live with his parents, the latter shall communicate with him regularly and visit him as often
as possible. The parents shall see to it that the child lives in a safe and wholesome place and under
responsible adult care and supervision.
Article 50. Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes, if
any, and to encourage and develop them. If the child is especially gifted, his parents shall report this
fact to the National Center for Gifted Children or to other agencies concerned so that official
assistance or recognition may be extended to him.
Article 51. Reading Habit. - The reading habit should be cultivated in the home. Parents shall,
whenever possible, provide the child with good and wholesome reading material, taking into
consideration his age and emotional development. They shall guard against the introduction in the
home of pornographic and other unwholesome publications.
Article 52. Association with Other Children. - Parents shall encourage the child to associate with
other children of his own age with whom he can develop common interests of useful and salutary
nature. It shall be their duty to know the child's friends and their activities and to prevent him from
falling into bad company. The child should not be allowed to stay out late at night to the detriment of
his health, studies or morals.
Article 53. Community Activities. - Parents shall give the child every opportunity to form or join
social, cultural, educational, recreational, civic or religious organizations or movements and other
useful community activities.

Article 54. Social Gatherings. - When a party or gathering is held, the parents or a responsible
person should be present to supervise the same.
Article 55. Vices. - Parents shall take special care to prevent the child from becoming addicted to
intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or harmful practices.
Article 56. Choice of career. - The child shall have the right to choose his own career. Parents may
advise him on this matter but should not impose on him their own choice.
Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the
prerogative of choosing his future spouse. Parents should not force or unduly influence him to marry
a person he has not freely chosen.

CHAPTER IV
Liabilities of Parents
Article 58. Torts. - Parents and guardians are responsible for the damage caused by the child under
their parental authority in accordance with the Civil Code.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
1. Conceals or abandons the child with intent to make such child lose his civil status.
2. Abandons the child under such circumstances as to deprive him of the love, care and
protection he needs.
3. Sells or abandons the child to another person for valuable consideration.
4. Neglects the child by not giving him the education which the family's station in life and
financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled.
"Truancy" as here used means absence without cause for more than twenty schooldays, not
necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the parents the absences of the
child the moment these exceed five schooldays.
8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of
begging and other acts which are inimical to his interest and welfare.
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignation and other excessive chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or dissolute life.

11. Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership.
12. Allows or requires the child to drive without a license or with a license which the parent
knows to have been illegally procured. If the motor vehicle driven by the child belongs to the
parent, it shall be presumed that he permitted or ordered the child to drive.
"Parents" as here used shall include the guardian and the head of the institution or foster home
which has custody of the child.
Article 60. Penalty. - The act mentioned in the preceding article shall be punishable with
imprisonment from two or six months or a fine not exceeding five hundred pesos, or both, at the
discretion of the Court, unless a higher penalty is provided for in the Revised Penal Code or special
laws, without prejudice to actions for the involuntary commitment of the child under Title VIII of this
Code.

CHAPTER V
Assistance to Parents
Article 61. Admonition to Parents. - Whenever a parent or guardian is found to have been
unreasonably neglectful in the performance of his duties toward the child, he shall be admonished by
the Department of Social Welfare or by the local Council for the Protection of Children referred to in
Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially
admonished.
Article 62. Medical and Dental Services. - If the child has special health problems, his parents shall
be entitled to such assistance from the government as may be necessary for his care and treatment
in addition to other benefits provided for under existing law.
Article 63. Financial Aid and Social Services to Needy Families. - Special financial or material aid
and social services shall be given to any needy family, to help maintain the child or children in the
home and prevent their placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into
consideration, among other things, the self-employment of any of the family members and shall be
paid from any funds available for the purpose.
Article 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The State
shall give assistance to widowed or abandoned parent or where either spouse is on prolonged
absence due to illness, imprisonment, etc. and who is unable to support his/her children. Financial
and other essential social services shall be given by the National Government or other duly licensed
agencies with similar functions to help such parent acquire the necessary knowledge or skill needed
for the proper care and maintenance of the family.
Article 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the next two
preceding articles shall be (1) the age of the child or children (2) the financial condition of the family,

(3) the degree of deprivation of parental care and support, and (4) the inability to exercise parental
authority.
Article 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may,
before and after the birth of the child, seek the assistance and advice of the Department of Social
Welfare or any duly licensed child placement agency. The said agencies shall offer specialized
professional services which include confidential help and protection to such mother and her child,
including placement of protection to such mother and child, including placement of such mother's
rights, if any, against the father of such child.

CHAPTER VI
Foster-Care

Article 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of
Social Welfare or any duly licensed child placement agency when and as the need therefore arises.
They shall be run by married couples, to be licensed only after thorough investigation of their
character, background, motivation and competence to act as foster parents.
Article 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to
institutional care. Unless absolutely necessary, no child below nine years of age shall be placed in
an institution. An older child may be taken into an institution for child care if a thorough social case
study indicates that he will derive more benefit therefrom.
Article 69. Day-care service and other substitute parental arrangement. - Day-care and other
substitute parental arrangement shall be provided a child whose parents and relatives are not able to
care for him during the day. Such arrangements shall be the subject of accreditation and licensing by
the Department of Social Welfare.
Article 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much
as possible, the affection and understanding that his own parents, if alive or present, would or should
have extended to him. Foster care shall take into consideration the temporary nature of the
placement and shall not alienate the child from his parents.

TITLE III.
CHILD AND YOUTH WELFARE AND EDUCATION
CHAPTER I
Access to Educational Opportunities
Article 71. Admission to Schools. - The state shall see to it that no child is refused admission in
public schools. All parents are required to enroll their children in schools to complete, at least, an
elementary education.

Article 72. Assistance. - To implement effectively the compulsory education policy, all necessary
assistance possible shall be given to parents, specially indigent ones or those who need the services
of children at home, to enable the children to acquire at least an elementary education. Such
assistance may be in the form of special school programs which may not require continuous
attendance in school, or aid in the form of necessary school supplies, school lunch, or whatever
constitutes a bar to a child's attendance in school or access to elementary education.
Article 73. Nursery School. - To further help promote the welfare of children of working mothers and
indigent parents, and in keeping with the Constitutional provision on the maintenance of an adequate
system of public education, public nursery and kindergarten schools shall be maintained, whenever
possible. The operation and maintenance of such schools shall be the responsibility of local
governments. Aid from local school board funds, when available, may be provided.
Article 74. Special Classes. - Where needs warrant, there shall be at least special classes in every
province, and, if possible, special schools for the physically handicapped, the mentally retarded, the
emotionally disturbed, and the specially gifted. The private sector shall be given all the necessary
inducement and encouragement to establish such classes or schools.
Article 75. School Plants and Facilities. - Local school officials and local government officials shall
see to it that school children and students are provided with adequate schoolrooms and facilities
including playground, space, and facilities for sports and physical development activities. Such
officials should see to it that the school environment is free from hazards to the health and safety of
the students and that there are adequate safety measures for any emergencies such as accessible
exits, firefighting equipment, and the like. All children shall have the free access to adequate dental
and medical services.
CHAPTER II
The Home and the School
Article 76. Role of the Home. - The home shall fully support the school in the implementation of the
total school program - curricular and co-curricular - toward the proper physical, social, intellectual
and moral development of the child.
Article 77. Parent-Teacher Associations. - Every elementary and secondary school shall organize a
parent-teacher association for the purpose of providing a forum for the discussion of problems and
their solutions, relating to the total school program, and for insuring the full cooperation of parents in
the efficient implementation of such program. All parents who have children enrolled in a school are
encouraged to be active members of its PTA, and to comply with whatever obligations and
responsibilities such membership entails.
Parent-Teacher Association all over the country shall aid the municipal and other local authorities
and school officials in the enforcement of juvenile delinquency control measures, and in the
implementation of programs and activities to promote child welfare.
CHAPTER III
Miscellaneous

Article 78. Contributions. - No school shall receive or collect from students, directly or indirectly,
contributions of any kind or form, or for any purpose except those expressly provided by law, and on
occasions of national or local disasters in which case the school any accept voluntary contribution or
aid from students for distribution to victims of such disasters or calamities.
TITLE IV.
CHILD AND YOUTH WELFARE AND THE CHURCH
Article 79. Rights of the Church. - The State shall respect the rights of the Church in matters
affecting the religious and moral upbringing of the child.
Article 80. Establishment of Schools. - All churches and religious orders, congregations or
groups may, conformably to law, establish schools for the purpose of educating children in
accordance with the tenets of their religion.
Article 81. Religious Instruction. - The religious education of children in all public and private
schools is a legitimate concern of the Church to which the students belong. All churches may
offer religious instruction in public and private elementary and secondary schools, subject to
the requirements of the Constitution and existing laws.
Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the
government shall extend to all churches, without discrimination or preference, every
opportunity to exercise their influence and disseminate their teachings.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of their
Church and to perform their religious duties. Whenever possible, parents shall accompany
their children to the regular devotion of their Church and other religious ceremonies.
TITLE V.
CHILD AND YOUTH WELFARE AND THE COMMUNITY
CHAPTER I
Duties in General of the State
Article 84. Community Defined. - As used in this Title, a community shall mean, the local
government, together with the society of individuals or institutions, both public and private,
in which a child lives.
Article 85. Duties of the Community. - To insure the full enjoyment of the right of every child
to live in a society that offers or guarantee him safety, health, good moral environment and
facilities for his wholesome growth and development, it shall be the duty of the community
to:
1. Bring about a healthy environment necessary to the normal growth of children and
the enhancement of their physical, mental and spiritual well-being;
2. Help institutions of learning, whether public or private, achieve the fundamental
objectives of education;
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3. Organize or encourage movements and activities, for the furtherance of the

interests of children and youth;

4. Promote the establishment and maintenance of adequately equipped playgrounds,

parks, and other recreational facilities;
5. Support parent education programs by encouraging its members to attend and
actively participate therein;
6. Assist the State in combating and curtailing juvenile delinquency and in
rehabilitating wayward children;
7. Aid in carrying out special projects for the betterment of children in the remote
areas or belonging to cultural minorities or those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care, training
and protection to destitute, abandoned, neglected, abused, handicapped and
disturbed children.
CHAPTER II
Community Bodies Dealing with Child Welfare
SECTION A. Barangay Councils
Article 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to enact
ordinances and resolutions not inconsistent with law or municipal ordinances, as may be
necessary to provide for the proper development and welfare of the children in the
community, in consultation with representatives of national agencies concerned with child
and youth welfare.
Article 87. Council for the Protection of Children. - Every barangay council shall encourage
the organization of a local Council for the Protection of Children and shall coordinate with the
Council for the Welfare of Children and Youth in drawing and implementing plans for the
promotion of child and youth welfare. Membership shall be taken from responsible members
of the community including a representative of the youth, as well as representatives of
government and private agencies concerned with the welfare of children and youth whose
area of assignment includes the particular barangay and shall be on a purely voluntary basis.
Said Council shall:
1. Foster the education of every child in the barangay;
2. Encourage the proper performance of the duties of parents, and provide learning
opportunities on the adequate rearing of children and on positive parent-child
relationship;
3. Protect and assist abandoned or maltreated children and dependents;
4. Take steps to prevent juvenile delinquency and assist parents of children with
behavioral problems so that they can get expert advise;
5. Adopt measures for the health of children;

6. Promote the opening and maintenance of playgrounds and day-care centers and
other services that are necessary for child and youth welfare;
7. Coordinate the activities of organizations devoted to the welfare of children and
secure their cooperation;
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8. Promote wholesome entertainment in the community, especially in movie houses;

and
9. Assist parents, whenever necessary in securing expert guidance counseling from
the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall
distribute to parents available literature and other information on child guidance. The Council
shall assist parents, with behavioral problems whenever necessary, in securing expert
guidance counseling from the proper governmental or private welfare agency.
Article 88. Barangay Scholarships. - Barangay funds may be appropriated to provide annual
scholarship for indigent children who, in judgment of the Council for the Protection of
Children, deserve public assistance in the development of their potentialities.
Article 89. Youth Associations in Barangays. - Barangay councils shall encourage
membership in civil youth associations and help these organizations attain their objectives.
Article 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for the
payment of the cost of the uniforms and equipment required by these organizations.
SECTION B. Civic Associations of Adults
Article 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer
to any club, organization or association of individuals twenty-one years of age or over, which
is directly or indirectly involved in carrying out child welfare programs and activities.
Article 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of
adults holding benefits or soliciting contributions pursuant to the provisions of the next
preceding article, to render an accounting of the proceeds thereof to the Department of
Social Welfare or to the city or municipal treasurer, as the case may be.
Article 93. Functions. - Civic associations and youth associations shall make arrangements
with the appropriate governmental or civic organization for the instruction of youth in useful
trades or crafts to enable them to earn a living.
Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations
and youth associations shall be conducted in a peaceful and lawful manner.
Article 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic
associations and youth associations to bring to the attention of the proper authorities the
exhibition of indecent shows and the publication, sale or circulation of pornographic
materials.

The Board of Censors or the Radio Control Board may, upon representation of any civic
association, prohibit any movie, television or radio program offensive to the proprieties of
language and behavior.
Commercial advertisements and trailers which are improper for children under eighteen
years of age due to their advocating or unduly suggesting violence, vices, crimes and
immorality, shall not be shown in any movie theater where the main feature is for general
patronage nor shall they be used or shown during or immediately before and after any
television or radio program for children.
Article 96. Complaint Against Child Welfare Agency. - Any civic association and any youth
association may complain to the officials of any public or private child-caring agency about
any act or omission therein prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of
Children or the Department of Social Welfare, which shall promptly investigate the matter and
take such steps as may be necessary.
Article 97. Studies and Researches. - The government shall make available such data and
technical assistance as may be needed by civic associations conducting studies and
researches on matters relating to child welfare, including the prevention of juvenile
delinquency.
Article 98. Exchange Programs. - Student exchange programs sponsored by civic
associations or youth associations shall receive the support and encouragement of the State.
SECTION C. Youth Associations
Article 99. Youth Associations. - As used in this Title, a youth association shall refer to any
club, organization or association of individuals below twenty-one years of age which is
directly or indirectly involved in carrying out child or youth welfare programs and activities.
Article 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights
and discharge the same responsibilities as civic associations as may be permitted under
existing laws.
Article 101. Student Organizations. - All student organization in public or private schools
shall include in their objectives the cultivation of harmonious relations among their members
and with the various segments of the community.
CHAPTER III
Collaboration Between the Home and the Community
Article 102. Proper Atmosphere for Children. - The home shall aid the community in
maintaining an atmosphere conducive to the proper upbringing of children, particularly with
respect to their preparation for adult life and the conscientious discharge of their civic duties
as a whole.
Article 103. Unwholesome Influence. - The home and the community shall cooperate with
each other in counteracting and eliminating such influences as may be exerted upon children

by useless and harmful amusements and activities, obscene exhibitions and programs, and
establishments inimical to health and morals.
TITLE VI.
CHILD AND YOUTH WELFARE AND THE SAMAHAN
CHAPTER I
Duties in General of the Samahan
Article 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the
aggregate of persons working in commercial, industrial, and agricultural establishments or
enterprises, whether belonging to labor or management.
Article 105. Organization. - The barangay, municipal and city councils, whenever necessary,
shall provide by ordinance for the formation and organization of a samahan in their
respective communities. Membership in the samahan shall be on voluntary basis from
among responsible persons from the various sectors of the community mentioned in the
preceding article.
Article 106. Duties of the Samahan. - The Samahan shall:
1. Prevent the employment of children in any kind of occupation or calling which is
harmful to their normal growth and development;
2. Forestall their exploitation by insuring that their rates of pay, hours of work and
other conditions of employment are in accordance not only with law but also with
equity;
3. Give adequate protection from all hazards to their safety, health, and morals, and
secure to them their basic right to an education;
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4. Help out-of-school youth to learn and earn at the same time by helping them look
for opportunities to engage in economic self-sufficient projects;
5. To coordinate with vocational and handicraft classes in all schools and agencies in
the barangay, municipality or city to arrange for possible marketing of the products or
articles made by the students; and
6. Provide work experience, training and employment in those areas where the
restoration and conservation of our natural resources is deemed necessary.
CHAPTER II
Working Children
Article 107. Employment of Children Below Sixteen Years. - Children below sixteen years of
age may be employed to perform light work which is not harmful to their safety, health or
normal development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment
of children are hereby adopted as part of this Code insofar as not inconsistent herewith.

Article 108. Duty of Employer to Submit Report. - The employer shall submit to the
Department of Labor a report of all children employed by him. A separate report shall be
made of all such children who are found to be handicapped after medical examination. The
Secretary of Labor shall refer such handicapped children to the proper government or private
agencies for vocational guidance, physical and vocational rehabilitation, and placement in
employment.
Article 109. Register of Children. - Every employer in any commercial, industrial or
agricultural establishment or enterprise shall keep:
1. A register of all children employed by him, indicating the dates of their birth;
2. A separate file for the written consent to their employment given by their parents or
guardians;
3. A separate file for their educational and medical certificates; and
4. A separate file for special work permits issued by the Secretary of Labor in
accordance with existing laws.
Article 110. Education of Children Employed as Domestics. - If a domestic is under sixteen
years of age, the head of the family shall give him an opportunity to complete at least
elementary education as required under Article 71. The cost of such education shall be a part
of the domestic's compensation unless there is a stipulation to the contrary.
CHAPTER III
Labor-Management Projects
Article 111. Right to Self-Organization. - Working children shall have the same freedoms as
adults to join the collective bargaining union of their own choosing in accordance with
existing law.
Neither management nor any collective bargaining union shall threaten or coerce working
children to join, continue or withdraw as members of such union.
Article 112. Conditions of Employment. - There shall be close collaboration between labor
and management in the observance of the conditions of employment required by law for
working children.
Article 113. Educational Assistance Programs. - The management may allow time off without
loss or reduction of wages for working children with special talents to enable them to pursue
formal studies in technical schools on scholarships financed by management or by the
collective bargaining union or unions.
Article 114. Welfare Programs. - Labor and management shall, in cooperation with the Women
and Minors Bureau of the Department of Labor, undertake projects and in-service training
programs for working children which shall improve their conditions of employment, improve
their capabilities and physical fitness, increase their efficiency, secure opportunities for their
promotion, prepare them for more responsible positions, and provide for their social,
educational and cultural advancement.

Article 115. Research Projects. - Labor and management shall cooperate with any
government or private research project on matters affecting the welfare of working children.
CHAPTER IV
Collaboration Between the Home and the Samahan
Article 116. Collaboration Between the Home and the Samahan. - The home shall assist the
Samahan in the promotion of the welfare of working children and for this purpose shall:
1. Instill in the hearts and minds of working children the value of dignity of labor;
2. Stress the importance of the virtues of honesty; diligence and perseverance in the
discharge of their duties;
3. Counsel them on the provident use of the fruits of their labor for the enrichment of
their lives and the improvement of their economic security; and
4. Protect their general well-being against exploitation by management or unions as
well as against conditions of their work prejudicial to their health, education, or
morals.
TITLE VII.
CHILD AND YOUTH WELFARE AND THE STATE
CHAPTER I
Regulation of Child and Youth Welfare Services
Article 117. Classifications of Child and Youth Welfare Agencies. - Public and private child
welfare agencies providing encouragement, care, and protection to any category of children
and youth whether mentally gifted, dependent, abandoned, neglected, abused, handicapped,
disturbed, or youthful offenders, classified and defined as follows, shall be coordinated by
the Department of Social Welfare:
1. A child-caring institution is one that provides twenty-four resident group care
service for the physical, mental, social and spiritual well-being of nine or more
mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children,
or youthful offenders.
2. An institution, whose primary purpose is education, is deemed to be a child-caring
institution when nine or more of its pupils or wards in the ordinary course of events
do not return annually to the homes of their parents or guardians for at least two
months of summer vacation.
3. A detention home is a twenty-four hour child-caring institution providing short term
resident care for youthful offenders who are awaiting court disposition of their cases
or transfer to other agencies or jurisdiction.
4. A shelter-care institution is one that provides temporary protection and care to
children requiring emergency reception as a result of fortuitous events, abandonment
by parents, dangerous conditions of neglect or cruelty in the home, being without

adult care because of crisis in the family, or a court order holding them as material
witnesses.
5. Receiving homes are family-type homes which provides temporary shelter from ten
to twenty days for children who shall during this period be under observation and
study for eventual placement by the Department of Social Welfare. The number of
children in a receiving home shall not at any time exceed nine: Provided, That no
more than two of them shall be under three years of age.
6. A nursery is a child-caring institution that provides care for six or more children
below six years of age for all or part of a twenty-four hour day, except those duly
licensed to offer primarily medical and educational services.
7. A maternity home is an institution or place of residence whose primary function is
to give shelter and care to pregnant women and their infants before, during and after
delivery.
8. A rehabilitation center is an institution that receives and rehabilitates youthful
offenders or other disturbed children.
9. A reception and study center is an institution that receives for study, diagnosis, and
temporary treatment, children who have behavioral problems for the purpose of
determining the appropriate care for them or recommending their permanent
treatment or rehabilitation in other child welfare agencies.
10. A child-placing agency is an institution or person assuming the care, custody,
protection and maintenance of children for placement in any child-caring institution or
home or under the care and custody of any person or persons for purposes of
adoption, guardianship or foster care. The relatives of such child or children within
the sixth degree of consanguinity or affinity are excluded from this definition.
Article 118. License Required. - No private person, natural or juridical, shall establish,
temporarily or permanently, any child welfare agency without first securing a license from the
Department of Social Welfare.
Such license shall not be transferable and shall be used only by the person or institution to
which it was issued at the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly defined
and stated in writing. Such definition shall include the geographical area to be served, the
children to be accepted for care, and the services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine laws.
Article 119. Guiding Principles. - The protection and best interests of the child or children
therein shall be the first and basic consideration in the granting, suspension or revocation of
the license mentioned in the preceding article.
Article 120. Revocation or Suspension of License. - The Department of Social Welfare may,
after notice and hearing , suspend or revoke the license of a child welfare agency on any of
the following grounds:

1. That the agency is being used for immoral purposes;

2. That said agency is insolvent or is not in a financial position to support and
maintain the children therein or to perform the functions for which it was granted
license;
3. That the children therein are being neglected or are undernourished;
4. That the place is so unsanitary so as to make it unfit for children;
5. That said agency is located in a place or community where children should not be,
or is physically dangerous to children or would unduly expose children to crime, vice,
immorality, corruption or severe cruelty; or
6. That said agency has by any act or omission shown its incompetence or
unworthiness to continue acting as a child welfare agency. During the period of
suspension, the agency concerned shall not accept or admit any additional children.
In any case, the Department of Social Welfare shall make such order as to the custody
of the children under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any order of the
Department of Social Welfare to remove or remedy the conditions which have risen to
the suspension. The aggrieved agency may appeal the suspension and/or revocation
in a proper court action. In such case, the court shall within fifteen days from the filing
of the Department of Social Welfare's answer, conduct a hearing and decide the case,
either by lifting the suspension, or continuing it for such period of time as it may
order, or by revoking the license of the agency where the Department of Social
Welfare has proven the revocation to be justified.
Article 121. Responsible Government Body. - The governing body of a child welfare agency
or institution shall be composed of civic leaders or persons of good standing in the
community. The administrator must be a competent person qualified by education or
experience or both to serve as such.
Article 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or
corporation may be both a child-caring institution and a child-placement agency and it may
be licensed to carry out both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by
training to make thorough studies of every prospective family home. Staff arrangements
must also be made for continuing supervision of the children staying in family homes so long
as the children remain in the legal custody of the agency.
Article 123. Responsible Staff of Employees. - The licensee shall choose its employees who
shall be persons of good health and character, and whenever possible, the higher rank of
employees shall in addition have training, preferably in child psychology.
Article 124. Intake Study and Periodic Investigations. - The licensee shall undertake
investigations to determine if the acceptance or continued stay of a child in its institution is
necessary. Each licensee shall make provisions for continuing services, including social
casework for every child under its care.

Article 125. Records. - The licensee shall keep confidential records of every child in its study.
These records shall be made available only to such persons as may be authorized by the
Department of Social Welfare or by the proper court.
Article 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the
children with a pleasant atmosphere that shall approximate as nearly as possible the
conditions of an ideal home. Vocational rehabilitation shall also be provided in accordance
with existing law and the particular needs of the children.
Article 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to satisfy
the child's total nutritional requirements.
Article 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate clothing
for every child under its care.
Article 129. Physical Surroundings and Outings. - The licensee shall maintain a building
adequate both in ventilation and sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to
make the children aware of their vital role in their community and country.
Article 130. Medical and Nursing Care. - The licensee shall provide adequate medical and
nursing care for sick children who may be confined due to illness.
Article 131. Religious Training. - The licensee shall provide opportunities for religious
training to children under its custody, taking into consideration the religious affiliation or
express wishes of the child or his parents. For such purpose, it shall have a defined policy
regarding its religious activities for the information of those wishing to place children in its
care.
Article 132. Annual Report. - Every child welfare agency or institution shall submit to the
Department of Social Welfare an annual report setting forth a brief summary of its operations
during the preceding year, including the funds received during said period, the sources
thereof, the purposes for which they were spent and the cash position of the agency or
institution as of the date of the report, number of children admitted, and such other
information as may be required by the Department of Social Welfare.
CHAPTER II
Collaboration Between the Home and the State
Article 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents in the
proper upbringing of the child, the State shall, whenever possible, in collaboration and cooperation
with local government establish:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies;
4. Orphanages and other similar institutions; and

5. Children's recreation centers.

Article 134. Puericulture or Health Centers. - Puericulture or health centers shall be established in
every barangay to perform, among other things, the following functions:
1. Disseminate information concerning the health of children and expectant or nursing
mothers;
2. Provide consultation service and treatment, whenever necessary, for the children and the
expectant or nursing mothers;
3. Provide guidance and special treatment to children with physical handicaps; and
4. Advise child welfare institutions on matters relating to nutrition and hygiene.
Article 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts
shall, as far as practicable, be established in every province or city to hear and decide cases
involving juvenile and domestic problems.
Article 136. Regional Child Welfare Agencies. - The State shall, whenever practicable, establish
regional child welfare agencies, orphanages and other similar institutions to provide care for the
children mentioned in Title VIII of this Code.
Article 137. Children's Reading and Recreation Centers. - The State shall establish in every
barangay reading centers and recreation centers where children may meet and play together for
their healthy growth and their social and cultural development.
Article 138. Parent Education Program. - The Department of Social Welfare shall from time to time
hold a Parent Education Congress, which shall aim to enable parents to understand child growth and
development, parent-child relationship, family life, and family-community relationship, and to improve
their ability to discharge their duties.
Article 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew
hours for children as may be warranted by local conditions. The duty to enforce curfew ordinances
shall devolve upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this article
shall be admonished by the Department of Social Welfare or the Council for the Protection of
Children.
Article 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm,
conflagration, epidemic, or other calamity, the State shall give special assistance to children
whenever necessary. The Department of Social Welfare shall take immediate custody of dependent
children and give temporary shelter to orphaned or displaced children (who are separated from their
parents or guardian).
TITLE VIII.
SPECIAL CATEGORIES OF CHILDREN
CHAPTER I
Dependent, Abandoned and Neglected Children

Article 141. Definition of Terms. - As used in this Chapter:

1. A dependent child is one who is without a parent, guardian or custodian; or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.
2. An abandoned child is one who has no proper parental care or guardianship, or whose
parents or guardians have deserted him for a period of at least six continuous months.
3. A neglected child is one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill clad and without
proper shelter.
(b) A child is unattended when left by himself without provisions for his needs and/or
without proper supervision.
(c) Emotional neglect exists: when children are maltreated, raped or seduced; when
children are exploited, overworked or made to work under conditions not conducive
to good health; or are made to beg in the streets or public places, or when children
are in moral danger, or exposed to gambling, prostitution and other vices.
4. Commitment or surrender of a child is the legal act of entrusting a child to the care of the
Department of Social Welfare or any duly licensed child placement agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through the termination
of parental or guardianship rights by reason of abandonment, substantial and
continuous or repeated neglect and/or parental incompetence to discharge parental
responsibilities, and in the manner, form and procedure hereinafter prescribed.
(b) Voluntary commitment, through the relinquishment of parental or guardianship
rights in the manner and form hereinafter prescribed.
Article 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social
Welfare Secretary or his authorized representative or any duly licensed child placement agency
having knowledge of a child who appears to be dependent, abandoned or neglected, may file a
verified petition for involuntary commitment of said child to the care of any duly licensed child
placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of
First Instance of the province or City Court in which the parents or guardian resides or the child is
found.
Article 143. Contents of Petition: Verification. - The petition for commitment must state so far as
known to the petitioner:
1. The facts showing that the child is dependent, abandoned, or neglected;

2. The names of the parent or parents, if known, and their residence. If the child has no
parent or parents living, then the name and residence of the guardian, if any; and
3. The name of the duly licensed child placement agency or individual to whose care the
commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of the
petitioner.
Article 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the
court shall fix a date for the hearing thereof. If it appears from the petition that one or both parents of
the child, or the guardian, resides in province or city, the clerk of court shall immediately issue
summons, together with a copy of the petition, which shall be served on such parent or guardian not
less than two days before the time fixed for the hearing. Such summons shall require them to appear
before the court on the date mentioned.
Article 145. When Summons Shall Not be Issued. - The summons provided for in the next preceding
article shall not be issued and the court shall thereupon proceed with the hearing of the case if it
appears from the petition that both parents of the child are dead or that neither parent can be found
in the province or city and that the child has no guardian residing therein.
Article 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the
child can be found in the province or city, it shall be the duty of the court to appoint some suitable
person to represent him.
Article 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State, seeing to it that
there has been due notice to all parties concerned and that there is justification for the declaration of
dependency, abandonment or neglect.
The legal services section of the Department of Social Welfare, any recognized legal association, or
any appointed de officio counsel shall prepare the petition for the Secretary of the Department of
Social Welfare, his representative or the head of the duly licensed child placement agency, or the
duly licensed individual and represent him in court in all proceedings arising under the provisions of
this Chapter.
Article 148. Hearing. - During the hearing of the petition, the child shall be brought before the court,
which shall investigate the facts and ascertain whether he is dependent, abandoned, or neglected,
and, if so, the cause and circumstances of such condition. In such hearing, the court shall not be
bound by the technical rules of evidence.
Failure to provide for the child's support for a period of six months shall be presumptive evidence of
the intent to abandon.
Article 149. Commitment of Child. - If, after the hearing, the child is found to be dependent,
abandoned, or neglected, an order shall be entered committing him to the care and custody of the
Department of Social Welfare or any duly licensed child placement agency or individual.
Article 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the
abandonment or neglect of any child may be remedied, it may permit the child to stay in his own
home and under the care and control of his own parents or guardian, subject to the supervision and
direction of the Department of Social Welfare.

When it appears to the court that it is no longer for the best interests of such child to remain with his
parents or guardian, it may commit the child in accordance with the next preceding article.
Article 151. Termination of Rights of Parents. - When a child shall have been committed to the
Department of Social Welfare or any duly licensed child placement agency or individual pursuant to
an order of the court, his parents or guardian shall thereafter exercise no authority over him except
upon such conditions as the court may impose.
Article 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or any
duly licensed child placement agency or individual receiving a child pursuant to an order of the court
shall be the legal guardian and entitled to his legal custody and control, be responsible for his
support as defined by law, and when proper, shall have authority to give consent to his placement,
guardianship and/or adoption.
Article 153. Change of Custody. - The Department of Social Welfare shall have the authority to
change the custody of a child committed to and duly licensed child placement agency or individual if
it appears that such change is for the best interests of the child. However, when conflicting interests
arise among child placement agencies the court shall order the change of commitment of the child.
Article 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a
dependent, abandoned or neglected child may voluntarily commit him to the Department of Social
Welfare or any duly licensed child placement agency or individual subject to the provisions of the
next succeeding articles.
Article 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the
preceding article unless he is surrendered in writing by his parents or guardian to the care and
custody of the Department of Social Welfare or duly licensed child placement agency. In case of the
death or legal incapacity of either parent or abandonment of the child for a period of at least one
year, the other parent alone shall have the authority to make the commitment. The Department of
Social Welfare, or any proper and duly licensed child placement agency or individual shall have the
authority to receive, train, educate, care for or arrange appropriate placement of such child.
Article 156. Legal Custody. - When any child shall have been committed in accordance with the
preceding article and such child shall have been accepted by the Department of Social Welfare or
any duly licensed child placement agency or individual, the rights of his natural parents, guardian, or
other custodian to exercise parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control of such child during his
minority, and shall have authority to care for, educate, train and place him out temporarily or for
custody and care in a duly licensed child placement agency. Such agency or individual may
intervene in adoption proceedings in such manner as shall best inure to the child's welfare.
Article 157. Visitation or Inspection. - Any duly licensed child placement agency or individual
receiving a judicial order or by voluntary commitment by his parents or guardian shall be subject to
visitation or inspection by a representative of the court or of the Department of Social Welfare or
both, as the case may be.
Article 158. Report of Person or Institution. - Any duly licensed child placement agency or individual
receiving a child for commitment may at any time be required by the Department of Social Welfare to
submit a report, copy furnished the court, containing all necessary information for determining
whether the welfare of the child is being served.

Article 159. Temporary Custody of Child. - Subject to regulation by the Department of Social
Welfare and with the permission of the court in case of judicial commitment, the competent
authorities of any duly licensed child placement agency or individual to which a child has been
committed may place him in the care of any suitable person, at the latter's request, for a period not
exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not being given
proper care, or at his own request, or at the instance of the agency or person receiving him.
Article 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution to
which he has been judicially or voluntarily committed or the person under whose custody he has
been placed in accordance with the next preceding article, or for any person to induce him to leave
such person or institution, except in case of grave physical or moral danger, actual or imminent, to
the child.
Any violation of this article shall be punishable by an imprisonment of not more than one year or by a
fine of not more than two thousand pesos, or both such fine and imprisonment at the discretion of
the court: Provided, That if the violation is committed by a foreigner, he shall also be subject to
deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or
mitigate the offense as circumstances shall warrant.
Article 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian
of a child are dead or, if living, have abandoned him, for no valid reason, for at least six months in a
duly licensed child placement agency or hospital, or left him with any other person for the same
period without providing for his care and support, such fact shall be reported immediately to the
Department of Social Welfare. In case of a child left in a hospital, immediate transfer of the child to
the Department of Social Welfare or any duly licensed child placement agency must be arranged.
The Department of Social Welfare shall make provisions for the adequate care and support of the
child and shall take such action as it may deem proper for his best interests.
Article 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an
application by any person to adopt a dependent, abandoned or neglected child in the custody of any
institution or individual mentioned in Article 156, it shall be the duty of the provincial or city fiscal, any
recognized legal association, or any appointed de officio counsel upon being informed of such fact,
to represent the Department of Social Welfare in the proceedings. The costs of such proceedings
shall be de officio.
Article 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child
committed to the care of a person, agency or institution by judicial order may petition the proper
court for the restoration of his rights over the child: Provided, That the child in the meantime, has not
been priorly given away in adoption nor has left the country with the adopting parents or the
guardian. The petition shall be verified and shall state that the petitioner is now able to take proper
care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and
cause reasonable notice thereof to be sent to the petitioner and to the person, agency or institution
to which the child has been committed. At the trial, any person may be allowed, at the discretion of
the court, to contest the right to the relief demanded, and witnesses may be called and examined by
the parties or by the court motu proprio. If it is found that the cause for the commitment of the child
no longer exists and that the petitioner is already able to take proper care and custody of the child,

the court, after taking into consideration the best interests and the welfare of the child, shall render
judgment restoring parental authority to the petitioner.
Article 164. Restoration After Voluntary Commitment. - Upon petition filed with the Department of
Social Welfare the parent or parents or guardian who voluntarily committed a child may recover legal
custody and parental authority over him from the agency, individual or institution to which such child
was voluntarily committed when it is shown to the satisfaction of the Department of Social Welfare
that the parent, parents or guardian is in a position to adequately provide for the needs of the child:
Provided, That, the petition for restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished with
a copy of the petition and shall be given the opportunity to be heard.
Article 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a
person or child welfare agency to whose custody a child has been committed by the court based on
neglect of such child as defined in Article 141(3). If the court, after notice and hearing, is satisfied
that the allegations of the petition are true and that it is for the best interest and welfare of the child
the court shall issue an order taking him from the custody of the person or agency, as the case may
be, and committing him to the custody of another duly licensed child placement agency or individual.
The license of the agency or individual found guilty of such neglect may be suspended or revoked,
as the court may deem proper, in the same proceeding.
Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as
well as private physicians providing treatment shall, within forty-eight hours from knowledge of the
case, report in writing to the city or provincial fiscal or to the Local Council for the Protection of
Children or to the nearest unit of the Department of Social Welfare, any case of a maltreated or
abused child, or exploitation of an employed child contrary to the provisions of labor laws. It shall be
the duty of the Council for the Protection of Children or the unit of the Department of Social Welfare
to whom such a report is made to forward the same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make
such report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no
information relating thereto shall be disclosed except in connection with any court or official
proceeding based on such report. Any person disclosing confidential information in violation of this
provision shall be punished by a fine of not less than one hundred pesos nor more than five
thousand pesos, or by imprisonment for not less than thirty days nor more than one year, or both
such fine and imprisonment, at the discretion of the court.
Article 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations,
physicians, nurses, hospitals, clinics and other entities which shall in good faith report cases of child
abuse, neglect, maltreatment or abandonment or exposure to moral danger be free from any civil or
criminal liability arising therefrom.
CHAPTER II
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children
Article 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent,
that is, socially inadequate and occupationally incompetent and unable to manage their own affairs;

(2) mentally subnormal; (3) retarded intellectually from birth or early age; (4) retarded at maturity; (5)
mentally deficient as a result of constitutional origin, through hereditary or disease, and (6)
essentially incurable.
Article 169. Classification of Mental Retardation. - Mental Retardation is divided into four
classifications:
1. Custodial Group. The members of this classification are severely or profoundly retarded,
hence, the least capable group. This includes those with I.Q.s to 25.
2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to
about 50; one who belongs to this group shows a mental level and rate of development
which is 1/4 to 1/2 that of the average child, is unable to acquire higher academic skills, but
can usually acquire the basic skills for living to a reasonable degree. He can likewise attain a
primary grade level of education if he receives effective instruction.
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of the same
chronological age. The degree of success or accomplishment that they will reach in life
depends very much on the quality and type of education they receive, as well as on the
treatment at home and in the community. Many of the educable retardates may reach 5th or
6th grade educational level and can develop occupational skills which may result in partial or
complete economic independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s
from about 75 to about 89. The members of this classification are only slightly retarded and
they can usually get by in regular classes if they receive some extra help, guidance and
consideration. They have to spend much more time with their studies than do most children
in order to pass. Those who cannot make it are usually handicapped by one or more other
conditions aside from that of intelligence.
Article 170. Physically Handicapped Children. - Physically handicapped children are those who are
crippled, deaf-mute, blind, or otherwise defective which restricts their means of action on
communication with others.
Article 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who,
although not afflicted with insanity or mental defect, are unable to maintain normal social relations
with others and the community in general due to emotional problems or complexes.
Article 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder,
whether functional or organic, which is of such a degree of severity as to require professional help or
hospitalization.
Article 173. Admission of Disabled Children. - The Department of Social Welfare, upon the
application of the parents or guardians and the recommendation of any reputable diagnostic center
or clinic, shall refer and/or admit disabled children to any public or private institution providing the
proper care, training and rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped,
emotionally disturbed, and severe mentally ill children.

Article 174. Training and Opportunities for Disabled Children. - Specialized educational services
shall be expanded and improved to provide appropriate opportunities for disabled children.
Vocational rehabilitation and manpower conservation agencies shall train disabled children for
specialized types of jobs, services and business which could be learned only by them and shall help
provide opportunities for their future occupational placement: That the agencies and organizations
engaged in programs and services for the disabled need not be limited to minors. Persons of legal
age may be admitted whenever facilities are available for them.
Article 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by
the disabled children shall be developed and shall be the basis for planning expanded programs and
services throughout the nation. There shall be established area centers designed to bring together
an aggregate of services to serve all ages of the disabled within a specified geographical area.
Article 176. Donations. - Donations to agencies and organizations engaged in programs and
services for disabled children shall be deductible in accordance with the provision of Presidential
Decree No. 507.
Article 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically
handicapped, emotionally disturbed, or mentally ill, and needs institutional care but his parents or
guardians are opposed thereto, the Department of Social Welfare, or any duly licensed child
placement agency or individual shall have the authority to file a petition for commitment of the said
child to any reputable institution providing care, training and rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate placement can
be arranged for the disabled child when the welfare and interest of the child is at stake.
Article 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile
and Domestic Relations Court, if any, or with the Court of First Instance of the province or City Court
where the parent or guardian resides or where the child is found.
Article 179. Contents of Petition. - The petition for commitment must state so far as known to the
petitioner:
1. The facts showing that the child appears to be mentally retarded, physically handicapped,
emotionally disturbed or mentally ill and needs institutional care;
2. The Fact that the parents or guardians or any duly licensed disabled child placement
agency, as the case may be, has opposed the commitment of such child;
3. The name of the parents and their residence, if known or if the child has no parents or
parent living, the names and residence of the guardian, if any; and
4. The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and belief of the
petitioner.
Article 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by
an order reciting the purpose of the petition, shall fix the date for the hearing thereof, and a copy of
such order shall be served on the child alleged to be mentally retarded, or physically handicapped,
or emotionally disturbed, or mentally ill, and on the person having charge of him or any of his

relatives residing in the province or city as the judge may deem proper. The court shall furthermore
order the sheriff to produce, if possible, the alleged disabled child on the date of the hearing.
Article 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is
for him or the public welfare and that his parents, or guardian or relatives are unable for any reason
to take proper care of him, the Court shall order his commitment to the proper institution for disabled
children.
Article 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make
proper provisions for the custody of property or money belonging to the committed child.
Article 183. Findings and Other Data. - The Court shall furnish the institution to which the child has
been committed with a copy of its judgment, together with all the social and other data pertinent to
the case.
Article 184. Expenses. - The expense of maintaining a disabled child in the institution to which he
has been committed shall be borne primarily by the parents or guardian and secondarily, by such
disabled child, if he has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in
accordance with the next preceding paragraph, the same, or such part thereof as may remain
unpaid, shall be borne by the Department of Social Welfare.
Article 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed
to the institution which under the circumstances of the particular child concerned is best equipped to
treat and care for him.
Article 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any
child judicially committed to an institution for disabled children if it is certified by the Department of
Social Welfare that:
1. He has been certified by the duly licensed disabled child placement agency to be no
longer a hazard to himself or to the community;
2. He has been sufficiently rehabilitated from his physical handicap or, if of work age, is
already fit to engage in a gainful occupation; or
3. He has been relieved of his emotional problems and complexes and is ready to assume
normal social relations.
Article 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an
institution for disabled children may be discharged by the Department of Social Welfare motu proprio
or upon the request of his parents or guardian on any of the grounds specified in the preceding
article. In the latter case, the Department of Social Welfare may refuse to discharge the child if, in its
opinion, his release would be prejudicial to him or to the community.
Article 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the Department of
Social Welfare or any recognized legal association in all judicial matters arising under the provisions
of this Chapter.

CHAPTER III
Youthful Offenders
Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under
twenty-one years of age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability
and shall be committed to the care of his or her father or mother, or nearest relative or family friend
in the discretion of the court and subject to its supervision. The same shall be done for a child over
nine years and under fifteen years of age at the time of the commission of the offense, unless he
acted with discernment, in which case he shall be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions
of this Chapter.
Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency
concerned to take the youthful offender, immediately after his apprehension, to the proper medical or
health officer for a thorough physical and mental examination. Whenever treatment for any physical
or mental defect is indicated, steps shall be immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful
offender.
Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for
physical and mental examination or trial or pending appeal, if unable to furnish bail, shall from the
time of his arrest be committed to the care of the Department of Social Welfare or the local
rehabilitation center or a detention home in the province or city which shall be responsible for his
appearance in court whenever required: Provided, That in the absence of any such center or agency
within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall
provide quarters for youthful offenders separate from other detainees. The court may, in its
discretion, upon recommendation of the Department of Social Welfare or other agency or agencies
authorized by the Court, release a youthful offender on recognizance, to the custody of his parents
or other suitable person who shall be responsible for his appearance whenever required.
Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the
evidence in the proper proceedings, the court should find that the youthful offender has committed
the acts charged against him the court shall determine the imposable penalty, including any civil
liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such minor to the custody or care of the
Department of Social Welfare, or to any training institution operated by the government, or duly
licensed agencies or any other responsible person, until he shall have reached twenty-one years of
age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare or the agency or responsible individual under
whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the
Department of Social Welfare or any duly licensed agency or such other officer as the Court may
designate subject to such conditions as it may prescribe.
Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the
order of the court in the same manner as appeals in criminal cases.

Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care and
maintenance of the youthful offender whose sentence has been suspended shall be borne by his
parents or those persons liable to support him: Provided, That in case his parents or those persons
liable to support him can not pay all or part of said expenses, the municipality in which the offense
was committed shall pay one-third of said expenses or part thereof; the province to which the
municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National
Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city
cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid portion
shall be withheld and applied to the settlement of said indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local
detention homes for youthful offenders.
Article 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or
duly licensed agency or individual under whose care the youthful offender has been committed shall
submit to the court every four months or oftener as may be required in special cases, a written report
on the conduct of said youthful offender as well as the intellectual, physical, moral, social and
emotional progress made by him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful
offender whose sentence has been suspended, has behaved properly and has shown his capability
to be a useful member of the community, even before reaching the age of majority, upon
recommendation of the Department of Social Welfare, it shall dismiss the case and order his final
discharge.
Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found
incorrigible or has wilfully failed to comply with the conditions of his rehabilitation programs, or
should his continued stay in the training institution be inadvisable, he shall be returned to the
committing court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall
determine whether to dismiss the case in accordance with the next preceding article or to pronounce
the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his
sentence with the full time spent in actual commitment and detention effected under the provisions of
this Chapter.
Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a child
pursuant to the provisions of this Chapter shall not obliterate his civil liability for damages. Such
release shall be without prejudice to the right for a writ of execution for the recovery of civil damages.
Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is
pronounced in accordance with the provisions of Article 197, and at the time of said pronouncement
the youthful offender is still under twenty-one, he shall be committed to the proper penal institution to
serve the remaining period of his sentence: Provided, That penal institutions shall provide youthful
offenders with separate quarters and, as far as practicable, group them according to appropriate age
levels or other criteria as will insure their speedy rehabilitation: Provided, further, That the Bureau of
Prisons shall maintain agricultural and forestry camps where youthful offenders may serve their
sentence in lieu of confinement in regular penitentiaries.

Article 200. Records of Proceedings. - Where a youthful offender has been charged before any city
or provincial fiscal or before any municipal judge and the charges have been ordered dropped, all
the records of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or
commits him to an institution and subsequently releases him pursuant to this Chapter, all the records
of his case shall be destroyed immediately after such acquittal, dismissal or release, unless civil
liability has also been imposed in the criminal action, in which case such records shall be destroyed
after satisfaction of such civil liability. The youthful offender concerned shall not be held under any
provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his
failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of
him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the
National Bureau of Investigation and with any police department, or any other government agency
which may have been involved in the case.
Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful
offender shall devolve upon the offender's father and, in case of his death or incapacity, upon the
mother, or in case of her death or incapacity, upon the guardian. Civil liability may also be voluntarily
assumed by a relative or family friend of the youthful offender.
Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional
rehabilitation centers for youthful offenders. The local government and other non-governmental
entities shall collaborate and contribute their support for the establishment and maintenance of these
facilities.
Article 203. Detention Homes. - The Department of Local Government and Community
Development shall establish detention homes in cities and provinces distinct and separate from jails
pending the disposition of cases of juvenile offenders.
Article 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by
Their Children or Wards. - A person whether the parent or guardian of the child or not, who
knowingly or wilfully,
1. Aids, causes, abets or connives with the commission by a child of a delinquency, or
2. Does any act producing, promoting, or contributing to a child's being or becoming a
juvenile delinquent, shall be punished by a fine not exceeding five hundred pesos or to
imprisonment for a period not exceeding two years, or both such fine and imprisonment, at
the discretion of the court.
TITLE IX.
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
CHAPTER I
Creation and Composition
Article 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare of
Children is hereby established under the Office of the President. The Council shall be composed of
the Secretary of Social Welfare as Chairman, and seven members, namely: The Secretary of

Justice, the Secretary of Labor, the Secretary of Education and Culture, the Secretary of Health, the
Presiding Judge of the Juvenile and Domestic Relations Court, City of Manila, and two
representatives of voluntary welfare associations to be appointed by the President of the Philippines,
each of whom shall hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to be
appointed by the Chairman and approved by a majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council shall
receive a per diem of one hundred pesos for every meeting actually attended, but the total amount of
per diem that the Chairman and a member may receive in a month shall in no case exceed five
hundred pesos.
Article 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of any funds
in the National Treasury not otherwise appropriated, for the operation and maintenance of the
Council for the Welfare of Children and Youth during the fiscal year. Thereafter, such sums as may
be necessary for its operation and maintenance shall be included in the General Appropriations
Decree.
CHAPTER II
Powers and Responsibilities
Article 207. Powers and Functions. - The Council for the Welfare of Children and Youth shall have
the following powers and functions:
1. To coordinate the implementation and enforcement of all laws relative to the promotion of
child and youth welfare;
2. To prepare, submit to the President and circulate copies of long-range programs and goals
for the physical, intellectual , emotional, moral, spiritual, and social development of children
and youth, and to submit to him an annual report of the progress thereof;
3. To formulate policies and devise, introduce, develop and evaluate programs and services
for the general welfare of children and youth;
4. To call upon and utilize any department, bureau, office, agency, or instrumentality, public,
private or voluntary, for such assistance as it may require in the performance of its functions;
5. Perform such other functions as provided by law.
Article 208. Offices to Coordinate with the Council for Welfare of Children. - The following offices
and agencies shall coordinate with the Council for the Welfare of Children and Youth in the
implementation of laws and programs on child and youth welfare:
1. Department of Justice
2. Department of Social Welfare
3. Department of Education and Culture
4. Department of Labor

5. Department of Health
6. Department of Agriculture
7. Department of Local Government and Community Development;
8. Local Councils for the Protection of Children; and such other government and private
agencies which have programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other government
and private child and youth welfare agencies as may be hereafter created shall be implemented by
such agencies: Provided, That, with the exception of those proposed by the Local Councils for the
Protection of Children, all long-range child and youth welfare programs shall, before implementation,
be indorsed by the agencies concerned to their respective departments, which shall in turn indorse
the same to the Council for the Welfare on Children and Youth, for evaluation, cooperation and
coordination.
CHAPTER III
Implementation of Code and Rule-Making Authority
Article 209. Implementation of this Code and Rule-Making Authority. - The enforcement and
implementation of this Code shall be the primary responsibility of the Council for the Welfare of
Children. Said Council shall have authority to promulgate the necessary rules and regulations for the
purpose of carrying into effect the provisions of this Code.
FINAL PROVISIONS
Article 210. General Penalty. - Violations of any provisions of this Code for which no penalty is
specifically provided shall be punished by imprisonment not exceeding one month or a fine not
exceeding two hundred pesos, or both such fine and imprisonment at the discretion of the court,
unless a higher penalty is provided for in the Revised Penal Code or special laws.
Article 211. Repealing Clause. - All laws or parts of any laws inconsistent with the provisions of this
Code are hereby repealed or modified accordingly: Provided, That the provisions of the Dangerous
Drugs Act of 1972 and amendments thereto shall continue to be in force and shall not be deemed
modified or repealed by any provision of this Code.
Article 212. Separability Clause. - If any provision of this Code is held invalid, the other provisions
not affected thereby shall continue in operation.
Article 213. Effectivity Clause. - This Code shall take effect six months after its approval.
Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and
seventy-four.

REPUBLIC ACT NO. 9165

June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS
ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs
Act of 2002".
Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its territory
and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs
on their physical and mental well-being, and to defend the same against acts or omissions
detrimental to their development and preservation. In view of the foregoing, the State needs to
enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious
social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an integrated system of
planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance in the national drug control program so that
people with legitimate medical needs are not prevented from being treated with adequate amounts
of appropriate medications, which include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures to reintegrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. Any act of introducing any dangerous drug into the body of any person, with or
without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any
act of indispensable assistance to a person in administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner for purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in
Section 34, Article VIII of this Act.
(d) Chemical Diversion. The sale, distribution, supply or transport of legitimately imported, intransit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures
or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug,
and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction
through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front
companies or mail fraud.

(e) Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous drug
and/or controlled precursor and essential chemical.
(f) Confirmatory Test. An analytical test using a device, tool or equipment with a different chemical
or physical principle that is more specific which will validate and confirm the result of the screening
test.
(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect consignment
of any dangerous drug and/or controlled precursor and essential chemical, equipment or
paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of an authorized officer, with a view to gathering
evidence to identify any person involved in any dangerous drugs related offense, or to facilitate
prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II of the
1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as
enumerated in the attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the planting,
growing or raising of any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single Convention
on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971
Single Convention on Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.
(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in
any form.
(m) Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug with
or without the use of prescription.
(n) Drug Dependence. As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.
(o) Drug Syndicate. Any organized group of two (2) or more persons forming or joining together
with the intention of committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. The caretaker, helper, watchman, lookout, and other persons
working in the den, dive or resort, employed by the maintainer, owner and/or operator where any
dangerous drug and/or controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection with the operation thereof.

(q) Financier. Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.
(r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and possession of
any dangerous drug and/or controlled precursor and essential chemical.
(s) Instrument. Any thing that is used in or intended to be used in any manner in the commission of
illegal drug trafficking or related offenses.
(t) Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when used,
intended for use or designed for use in the manufacture of any dangerous drug and/or controlled
precursor and essential chemical, such as reaction vessel, preparative/purifying equipment,
fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.
(u) Manufacture. The production, preparation, compounding or processing of any dangerous drug
and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis, and shall include any packaging or repackaging of such
substances, design or configuration of its form, or labeling or relabeling of its container; except that
such terms do not include the preparation, compounding, packaging or labeling of a drug or other
substances by a duly authorized practitioner as an incident to his/her administration or dispensation
of such drug or substance in the course of his/her professional practice including research, teaching
and chemical analysis of dangerous drugs or such substances that are not intended for sale or for
any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name.
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not
limited to, Cannabis americana,hashish, bhang, guaza, churrus and ganjab, and embraces every
kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting
tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether
as a reefer, resin, extract, tincture or in any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other
name. Refers to the drug having such chemical composition, including any of its isomers or
derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any
other name. Refers to the drug having such chemical composition, including any of its isomers or
derivatives in any form.
(y) Opium. Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse
of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium
poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or
not.
(z) Opium Poppy. Refers to any part of the plant of the species Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the
seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.

(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this
Act.
(bb) Person. Any entity, natural or juridical, including among others, a corporation, partnership,
trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated
organization or group capable of acquiring rights or entering into obligations.
(cc) Planting of Evidence. The willful act by any person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity
of any dangerous drug and/or controlled precursor and essential chemical in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any violation of this Act.
(dd) Practitioner. Any person who is a licensed physician, dentist, chemist, medical technologist,
nurse, midwife, veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. Any person who knowingly and willfully consents to the unlawful acts
provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
(ff) Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs
or who acts as a broker in any of such transactions, in violation of this Act.
(gg) School. Any educational institution, private or public, undertaking educational operation for
pupils/students pursuing certain studies at defined levels, receiving instructions from teachers,
usually located in a building or a group of buildings in a particular physical or cyber site.
(hh) Screening Test. A rapid test performed to establish potential/presumptive positive result.
(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.
(jj) Trading. Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms
or acting as a broker in any of such transactions whether for money or any other consideration in
violation of this Act.
(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system
of the body, and of the dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred thousand

pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of
the quantity and purity involved, including any and all species of opium poppy or any part thereof or
substances derived therefrom even for floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import
any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person, who,
unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or
controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her official status intended to facilitate the unlawful entry of
the same. In addition, the diplomatic passport shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential chemical involved in any offense herein provided be
the proximate cause of death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den,
dive or resort where any dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a
den, dive, or resort where any controlled precursor and essential chemical is used or sold in any
form.
The maximum penalty provided for under this Section shall be imposed in every case where any
dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such
a place.
Should any dangerous drug be the proximate cause of the death of a person using the same in such
den, dive or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to
Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated
in favor of the government: Provided, That the criminal complaint shall specifically allege that such
place is intentionally used in the furtherance of the crime: Provided, further, That the prosecution
shall prove such intent on the part of the owner to use the property for such purpose: Provided,
finally, That the owner shall be included as an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such;
and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is
aware of the nature of the place as such and shall knowingly visit the same

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall engage in the manufacture of any dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is undertaken or established
under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the help
of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred
(100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.
The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall illegally
divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia
for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture
with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs,
knowing, or under circumstances where one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled
precursor and essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person, who uses
a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and
other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous
drug in the following quantities, regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00)
to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than
ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or

three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana;
and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three hundred (300) grams
of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. -The penalty of imprisonment ranging from six (6) months and one (1) day to four
(4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or
have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous
drug into the body: Provided, That in the case of medical practitioners and various professionals who
are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice
of their profession, the Board shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for
any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the
possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. Any
person found possessing any dangerous drug during a party, or at a social gathering or meeting, or
in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided
for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided
for in Section 12 of this Act shall be imposed upon any person, who shall possess or have under
his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the
body, during parties, social gatherings or meetings, or in the proximate company of at least two (2)
persons.
Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time,
he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve
(12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is
also found to have in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall
plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is
or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug
may be manufactured or derived: Provided, That in the case of medical laboratories and medical
research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of
such dangerous drugs for medical experiments and research purposes, or for the creation of new
types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured
shall be confiscated and escheated in favor of the State, unless the owner thereof can prove lack of
knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. If the
land involved is part of the public domain, the maximum penalty provided for under this Section shall
be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from
one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with
the maintenance and keeping of the original records of transactions on any dangerous drug and/or
controlled precursor and essential chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the license to practice his/her
profession, in case of a practitioner, or of the business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who
shall prescribe any dangerous drug to any person whose physical or physiological condition does
not require the use or in the dosage prescribed therein, as determined by the Board in consultation
with recognized competent experts who are authorized representatives of professional organizations
of practitioners, particularly those who are involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or
Precursors and Essential Chemicals. Every penalty imposed for the unlawful importation, sale,
trading, administration, dispensation, delivery, distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of
plants which are sources of dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall
carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful act was committed,
unless they are the property of a third person not liable for the unlawful act, but those which are not
of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section
21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense
and all the assets and properties of the accused either owned or held by him or in the name of some
other persons if the same shall be found to be manifestly out of proportion to his/her lawful
income: Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off
not later than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and
the same shall be in custodia legisand no bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this Section
shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending disposition, as well as expenses for publication
and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used
in its campaign against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the Department of
Justice (DOJ), and any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under
oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after

the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs,
plant sources of dangerous drugs, and controlled precursors and essential chemicals does
not allow the completion of testing within the time frame, a partial laboratory examination
report shall be provisionally issued stating therein the quantities of dangerous drugs still to
be examined by the forensic laboratory: Provided, however, That a final certification shall be
issued on the completed forensic laboratory examination on the same within the next twentyfour (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals, including
the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall
within twenty-four (24) hours thereafter proceed with the destruction or burning of the same,
in the presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative from the media and the
DOJ, civil society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s which shall be
borne by the offender: Provided, That those item/s of lawful commerce, as determined by the
Board, shall be donated, used or recycled for legitimate purposes: Provided, further, That a
representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of
the subject item/s which, together with the representative sample/s in the custody of the
PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission
of guilt. In case the said offender or accused refuses or fails to appoint a representative after
due notice in writing to the accused or his/her counsel within seventy-two (72) hours before
the actual burning or destruction of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of
the final termination of the case and, in turn, shall request the court for leave to turn over the
said representative sample/s to the PDEA for proper disposition and destruction within
twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and
burning or destruction of seized/surrendered dangerous drugs provided under this Section
shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. The Board shall recommend to the
concerned government agency the grant of compensation, reward and award to any person
providing information and to law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.

Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person
convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender
Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful
acts shall be penalized by the same penalty prescribed for the commission of the same as provided
under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical;
and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources
of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act
Committed. The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute
perpetual disqualification from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered
dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties
obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have received any financial or material contributions or
donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed
in this Act, shall be removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and intermediaries, including
government-owned or controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum penalties of
the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual

disqualification from any public office, if those found guilty of such unlawful acts are government
officials and employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of "planting"
any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other
Juridical Entities. In case any violation of this Act is committed by a partnership, corporation,
association or any juridical entity, the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally
liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president,
director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or
consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment
or other instrument is owned by or under the control or supervision of the partnership, corporation,
association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties prescribed in the
unlawful act committed, any alien who violates such provisions of this Act shall, after service of
sentence, be deported immediately without further proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The penalty of
imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act
No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the
offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts,
identities and arrest of all or any of the members thereof; and who willingly testifies against such
persons as described above, shall be exempted from prosecution or punishment for the offense with
reference to which his/her information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That the following conditions
concur:
(1) The information and testimony are necessary for the conviction of the persons described
above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;

(4) the informant or witness has not been previously convicted of a crime involving moral
turpitude, except when there is no other direct evidence available for the State other than the
information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for
the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not
appear to be most guilty for the offense with reference to which his/her information or testimony were
given: Provided, finally, That there is no direct evidence available for the State except for the
information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the informant or
witness, as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that
the information and/or testimony is false, malicious or made only for the purpose of harassing,
molesting or in any way prejudicing the persons described in the preceding Section against whom
such information or testimony is directed against. In such case, the informant or witness shall be
subject to prosecution and the enjoyment of all rights and benefits previously accorded him under
this Act or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when
lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as
provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt
and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits
previously accorded him under this Act or in any other law, decree or order shall be deemed
terminated.
In case the informant or witness referred to under this Act falls under the applicability of this Section
hereof, such individual cannot avail of the provisions under Article VIII of this Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to, the rights of parental authority or guardianship,
either as to the person or property of any ward, the rights to dispose of such property by any act or
any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be
voted for. Such rights shall also be suspended during the pendency of an appeal from such
conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any government
forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH
to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test
with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug
testing shall employ, among others, two (2) testing methods, the screening test which will determine
the positive result as well as the type of the drug used and the confirmatory test which will confirm a
positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid
for a one-year period from the date of issue which may be used for other purposes. The following
shall be subjected to undergo drug testing:

(a) Applicants for driver's license. No driver's license shall be issued or renewed to any
person unless he/she presents a certification that he/she has undergone a mandatory drug
test and indicating thereon that he/she is free from the use of dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of residence. All
applicants for firearm's license and permit to carry firearms outside of residence shall
undergo a mandatory drug test to ensure that they are free from the use of dangerous
drugs: Provided, That all persons who by the nature of their profession carry firearms shall
undergo drug testing;
(c) Students of secondary and tertiary schools. Students of secondary and tertiary schools
shall, pursuant to the related rules and regulations as contained in the school's student
handbook and with notice to the parents, undergo a random drug testing: Provided, That all
drug testing expenses whether in public or private schools under this Section will be borne
by the government;
(d) Officers and employees of public and private offices. Officers and employees of public
and private offices, whether domestic or overseas, shall be subjected to undergo a random
drug test as contained in the company's work rules and regulations, which shall be borne by
the employer, for purposes of reducing the risk in the workplace. Any officer or employee
found positive for use of dangerous drugs shall be dealt with administratively which shall be
a ground for suspension or termination, subject to the provisions of Article 282 of the Labor
Code and pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement agencies.
Officers and members of the military, police and other law enforcement agencies shall
undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have
to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. Any person authorized, licensed or
accredited under this Act and its implementing rules to conduct drug examination or test, who issues
false or fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer the
penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00).
An additional penalty shall be imposed through the revocation of the license to practice his/her
profession in case of a practitioner, and the closure of the drug testing center.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to
Section 15 of this Act, any person apprehended or arrested for violating the provisions of this Act
shall be subjected to screening laboratory examination or test within twenty-four (24) hours, if the

apprehending or arresting officer has reasonable ground to believe that the person apprehended or
arrested, on account of physical signs or symptoms or other visible or outward manifestation, is
under the influence of dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result
through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and accepted method, if
confirmed the same shall be prima facie evidence that such person has used dangerous drugs,
which is without prejudice for the prosecution for other violations of the provisions of this
Act: Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court
of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be tasked to
license and accredit drug testing centers in each province and city in order to assure their capacity,
competence, integrity and stability to conduct the laboratory examinations and tests provided in this
Article, and appoint such technical and other personnel as may be necessary for the effective
implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug
dependency examination of a drug dependent as well as the after-care and follow-up program for
the said drug dependent. There shall be a control regulations, licensing and accreditation division
under the supervision of the DOH for this purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing centers in government
hospitals, which must be provided at least with basic technologically advanced equipment and
materials, in order to conduct the laboratory examination and tests herein provided, and appoint
such qualified and duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential
Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential
chemicals shall maintain and keep an original record of sales, purchases, acquisitions and
deliveries of dangerous drugs, indicating therein the following information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or wholesaler from
whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician, dentist,
veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
(8) Date of sale or delivery.

A certified true copy of such record covering a period of six (6) months, duly signed by the
pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be
forwarded to the Board within fifteen (15) days following the last day of June and December
of each year, with a copy thereof furnished the city or municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous
drug shall issue the prescription therefor in one (1) original and two (2) duplicate copies. The
original, after the prescription has been filled, shall be retained by the pharmacist for a period
of one (1) year from the date of sale or delivery of such drug. One (1) copy shall be retained
by the buyer or by the person to whom the drug is delivered until such drug is consumed,
while the second copy shall be retained by the person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or
practitioners shall be written on forms exclusively issued by and obtainable from the DOH.
Such forms shall be made of a special kind of paper and shall be distributed in such
quantities and contain such information and other data as the DOH may, by rules and
regulations, require. Such forms shall only be issued by the DOH through its authorized
employees to licensed physicians, dentists, veterinarians and practitioners in such quantities
as the Board may authorize. In emergency cases, however, as the Board may specify in the
public interest, a prescription need not be accomplished on such forms. The prescribing
physician, dentist, veterinarian or practitioner shall, within three (3) days after issuing such
prescription, inform the DOH of the same in writing. No prescription once served by the
drugstore or pharmacy be reused nor any prescription once issued be refilled.
(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous
drugs and/or controlled precursors and essential chemicals shall keep a record of all
inventories, sales, purchases, acquisitions and deliveries of the same as well as the names,
addresses and licenses of the persons from whom such items were purchased or acquired
or to whom such items were sold or delivered, the name and quantity of the same and the
date of the transactions. Such records may be subjected anytime for review by the Board.
ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the Enforcement of
this Act
Section 41. Involvement of the Family. The family being the basic unit of the Filipino society shall
be primarily responsible for the education and awareness of the members of the family on the ill
effects of dangerous drugs and close monitoring of family members who may be susceptible to drug
abuse.
Section 42. Student Councils and Campus Organizations. All elementary, secondary and tertiary
schools' student councils and campus organizations shall include in their activities a program for the
prevention of and deterrence in the use of dangerous drugs, and referral for treatment and
rehabilitation of students for drug dependence.
Section 43. School Curricula. Instruction on drug abuse prevention and control shall be integrated
in the elementary, secondary and tertiary curricula of all public and private schools, whether general,
technical, vocational or agro-industrial as well as in non-formal, informal and indigenous learning
systems. Such instructions shall include:

(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family,
the school and the community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of
the drug problem;
(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the
services available for the treatment and rehabilitation of drug dependents; and
(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the
importance and safety of dangerous drugs for medical and therapeutic use as well as the
differentiation between medical patients and drug dependents in order to avoid confusion
and accidental stigmatization in the consciousness of the students.
Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing the
provisions of Article II of this Act, all school heads, supervisors and teachers shall be deemed
persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the
apprehension or arrest of any person who shall violate any of the said provisions, pursuant to
Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in
the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in
attendance at any school or class function in their official capacity as school heads, supervisors, and
teachers.
Any teacher or school employee, who discovers or finds that any person in the school or within its
immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same
to the school head or immediate superior who shall, in turn, report the matter to the proper
authorities.
Failure to do so in either case, within a reasonable period from the time of discovery of the violation
shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. With the assistance of
the Board, the Secretary of the Department of Education (DepEd), the Chairman of the Commission
on Higher Education (CHED) and the Director-General of the Technical Education and Skills
Development Authority (TESDA) shall cause the development, publication and distribution of
information and support educational materials on dangerous drugs to the students, the faculty, the
parents, and the community.
Section 46. Special Drug Education Center. With the assistance of the Board, the Department of
the Interior and Local Government (DILG), the National Youth Commission (NYC), and the
Department of Social Welfare and Development (DSWD) shall establish in each of its provincial
office a special education drug center for out-of-school youth and street children. Such Center which
shall be headed by the Provincial Social. Welfare Development Officer shall sponsor drug prevention
programs and activities and information campaigns with the end in view of educating the out-ofschool youth and street children regarding the pernicious effects of drug abuse. The programs
initiated by the Center shall likewise be adopted in all public and private orphanage and existing
special centers for street children.
ARTICLE V

Promotion of a National Drug-Free Workplace Program With the Participation of Private and
Labor Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-free
workplaces using a tripartite approach. With the assistance of the Board, the Department of Labor
and Employment (DOLE) shall develop, promote and implement a national drug abuse prevention
program in the workplace to be adopted by private companies with ten (10) or more employees.
Such program shall include the mandatory drafting and adoption of company policies against drug
use in the workplace in close consultation and coordination with the DOLE, labor and employer
organizations, human resource development managers and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. The Board and the DOLE
shall formulate the necessary guidelines for the implementation of the national drug-free workplace
program. The amount necessary for the implementation of which shall be included in the annual
General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. All labor unions, federations,
associations, or organizations in cooperation with the respective private sector partners shall include
in their collective bargaining or any similar agreements, joint continuing programs and information
campaigns for the laborers similar to the programs provided under Section 47 of this Act with the end
in view of achieving a drug free workplace.
Section 50. Government Assistance. The labor sector and the respective partners may, in pursuit
of the programs mentioned in the preceding Section, secure the technical assistance, such as but
not limited to, seminars and information dissemination campaigns of the appropriate government
and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. Local government units shall appropriate a
substantial portion of their respective annual budgets to assist in or enhance the enforcement of this
Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug
dependents.
Section 52. Abatement of Drug Related Public Nuisances. Any place or premises which have
been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs
may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the
following procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to hear
complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a complaint before
the Board after giving not less than three (3) days written notice of such complaint to the
owner of the place or premises at his/her last known address; and

(3) After hearing in which the Board may consider any evidence, including evidence of the
general reputation of the place or premises, and at which the owner of the premises shall
have an opportunity to present evidence in his/her defense, the Board may declare the place
or premises to be a public nuisance.
Section 53. Effect of Board Declaration. If the Board declares a place or premises to be a public
nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of
any business or activity on the premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time as stated in
the order. The Board may bring a complaint seeking a permanent injunction against any nuisance
described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code against any
public nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and
Rehabilitation. A drug dependent or any person who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter
to the Court which shall order that the applicant be examined for drug dependency. If the
examination by a DOH-accredited physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six (6)
months: Provided, That a drug dependent may be placed under the care of a DOH-accredited
physician where there is no Center near or accessible to the residence of the drug dependent or
where said drug dependent is below eighteen (18) years of age and is a first-time offender and nonconfinement in a Center will not pose a serious danger to his/her family or the community.
Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which
time the Court, as well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine whether further confinement
will be for the welfare of the drug dependent and his/her family or the community.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug
dependent under the voluntary submission program, who is finally discharged from confinement,
shall be exempt from the criminal liability under Section 15 of this act subject to the following
conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least eighteen
(18) months following temporary discharge from confinement in the Center or, in the case of
a dependent placed under the care of the DOH-accredited physician, the after-care program
and follow-up schedule formulated by the DSWD and approved by the Board: Provided, That
capability-building of local government social workers shall be undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under this Act,
the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal
Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she escaped,
he/she surrendered by himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, within one (1) week from the date of the
said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the community by
his/her exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the
Voluntary Submission Program. Upon certification of the Center that the drug dependent within the
voluntary submission program may be temporarily released, the Court shall order his/her release on
condition that said drug dependent shall report to the DOH for after-care and follow-up treatment,
including urine testing, for a period not exceeding eighteen (18) months under such terms and
conditions that the Court may impose.
If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated,
he/she may be discharged by the Court, subject to the provisions of Section 55 of this Act, without
prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up program of eighteen
(18) months, the drug dependent requires further treatment and rehabilitation in the Center, he/she
shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and follow-up program pursuant to
this Section.
Section 57. Probation and Community Service Under the Voluntary Submission Program. A drug
dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from criminal liability under Section 55 of
this Act, may be charged under the provisions of this Act, but shall be placed on probation and
undergo a community service in lieu of imprisonment and/or fine in the discretion of the court,
without prejudice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-care and follow-up
program, which may be done in coordination with nongovernmental civil organizations accredited by
the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the
Voluntary Submission Program. A drug dependent, who is not rehabilitated after the second
commitment to the Center under the voluntary submission program, shall, upon recommendation of
the Board, be charged for violation of Section 15 of this Act and prosecuted like any other offender. If
convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in
the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary
Submission Program. Should a drug dependent under the voluntary submission program escape
from the Center, he/she may submit himself/herself for recommitment within one (1) week therefrom,
or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity

may, within said period, surrender him for recommitment, in which case the corresponding order
shall be issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board
shall apply to the court for a recommitment order upon proof of previous commitment or his/her
voluntary submission by the Board, the court may issue an order for recommitment within one (1)
week.
If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she
shall be charged for violation of Section 15 of this Act and he subjected under section 61 of this Act,
either upon order of the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission Program. Judicial and
medical records of drug dependents under the voluntary submission program shall be confidential
and shall not be used against him for any purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the
Voluntary Submission Program. Notwithstanding any law, rule and regulation to the contrary, any
person determined and found to be dependent on dangerous drugs shall, upon petition by the Board
or any of its authorized representative, be confined for treatment and rehabilitation in any Center
duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center
may be filed by any person authorized by the Board with the Regional Trial Court of the province or
city where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a
copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and
to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug dependent to be
examined by two (2) physicians accredited by the Board. If both physicians conclude that the
respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds
him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which
may be offered. If the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event,
the order of discharge or order of confinement or commitment shall be issued not later than fifteen
(15) days from the filing of the appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment
and Rehabilitation. If a person charged with an offense where the imposable penalty is
imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or by the
court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the
case may be, shall suspend all further proceedings and transmit copies of the record of the case to
the Board.
In the event he Board determines, after medical examination, that public interest requires that such
drug dependent be committed to a center for treatment and rehabilitation, it shall file a petition for
his/her commitment with the regional trial court of the province or city where he/she is being

investigated or tried: Provided, That where a criminal case is pending in court, such petition shall be
filed in the said court. The court shall take judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his/her
commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the
court every four (4) months, or as often as the court may require, a written report on the progress of
the treatment. If the dependent is rehabilitated, as certified by the center and the Board, he/she shall
be returned to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue,
as the case may be. In case of conviction, the judgment shall, if the accused is certified by the
treatment and rehabilitation center to have maintained good behavior, indicate that he/she shall be
given full credit for the period he/she was confined in the Center: Provided, however, That when the
offense is for violation of Section 15 of this Act and the accused is not a recidivist, the penalty thereof
shall be deemed to have been served in the Center upon his/her release therefrom after certification
by the Center and the Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory
Submission Program. The period of prescription of the offense charged against a drug dependent
under the compulsory submission program shall not run during the time that the drug dependent is
under confinement in a Center or otherwise under the treatment and rehabilitation program approved
by the Board.
Upon certification of the Center that he/she may temporarily be discharged from the said Center, the
court shall order his/her release on condition that he/she shall report to the Board through the DOH
for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such
terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final discharge from confinement and order for the
immediate resumption of the trial of the case for which he/she is originally charged. Should the
Board through the DOH find at anytime during the after-care and follow-up period that he/she
requires further treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the Board escape
therefrom, he/she may resubmit himself/herself for confinement within one (1) week from the date of
his/her escape; or his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within the same period, surrender him for recommitment. If, however,
the drug dependent does not resubmit himself/herself for confinement or he/she is not surrendered
for recommitment, the Board may apply with the court for the issuance of the recommitment order.
Upon proof of previous commitment, the court shall issue an order for recommitment. If, subsequent
to such recommitment, he/she should escape again, he/she shall no longer be exempt from criminal
liability for use of any dangerous drug.
A drug dependent committed under this particular Section who is finally discharged from
confinement shall be exempt from criminal liability under Section 15 of this Act, without prejudice to
the outcome of any pending case filed in court. On the other hand, a drug dependent who is not
rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate
court, suffer the same penalties provided for under Section 15 of this Act again without prejudice to
the outcome of any pending case filed in court.

Section 64. Confidentiality of Records Under the Compulsory Submission Program. The records
of a drug dependent who was rehabilitated and discharged from the Center under the compulsory
submission program, or who was charged for violation of Section 15 of this Act, shall be covered by
Section 60 of this Act. However, the records of a drug dependent who was not rehabilitated, or who
escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the
court and their use shall be determined by the court, taking into consideration public interest and the
welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the provincial or the
city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all
proceedings arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over
fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this
Act, but not more than eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:
(a) He/she has not been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special
penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may impose for a period ranging from
six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended sentence
to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care
and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any offense
penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child
and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice
to the application of the provisions of this Section.
Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time
Minor Offender. If the accused first time minor offender under suspended sentence complies with
the applicable rules and regulations of the Board, including confinement in a Center, the court, upon
a favorable recommendation of the Board for the final discharge of the accused, shall discharge the
accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall enter an order to
expunge all official records, other than the confidential record to be retained by the DOJ relating to
the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status
prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or

misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor
Offender. The privilege of suspended sentence shall be availed of only once by an accused drug
dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of
the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when
judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time
minor offender violates any of the conditions of his/her suspended sentence, the applicable rules
and regulations of the Board exercising supervision and rehabilitative surveillance over him,
including the rules and regulations of the Center should confinement be required, the court shall
pronounce judgment of conviction and he/she shall serve sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
Imprisonment. Upon promulgation of the sentence, the court may, in its discretion, place the
accused under probation, even if the sentence provided under this Act is higher than that provided
under existing law on probation, or impose community service in lieu of imprisonment. In case of
probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through
the DOH in coordination with the Board of Pardons and Parole and the Probation Administration.
Upon compliance with the conditions of the probation, the Board shall submit a written report to the
court recommending termination of probation and a final discharge of the probationer, whereupon
the court shall issue such an order.
The community service shall be complied with under conditions, time and place as may be
determined by the court in its discretion and upon the recommendation of the Board and shall apply
only to violators of Section 15 of this Act. The completion of the community service shall be under
the supervision and rehabilitative surveillance of the Board during the period required by the court.
Thereafter, the Board shall render a report on the manner of compliance of said community service.
The court in its discretion may require extension of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this
Act.
If the sentence promulgated by the court requires imprisonment, the period spent in the Center by
the accused during the suspended sentence period shall be deducted from the sentence to be
served.
Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a confidential
record of the proceedings on suspension of sentence and shall not be used for any purpose other
than to determine whether or not a person accused under this Act is a first-time minor offender.
Section 72. Liability of a Person Who Violates the Confidentiality of Records. The penalty of
imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from
One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any
person who, having official custody of or access to the confidential records of any drug dependent
under voluntary submission programs, or anyone who, having gained possession of said records,
whether lawfully or not, reveals their content to any person other than those charged with the
prosecution of the offenses under this Act and its implementation. The maximum penalty shall be
imposed, in addition to absolute perpetual disqualification from any public office, when the offender
is a government official or employee. Should the records be used for unlawful purposes, such as

blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime
of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or
any Concerned Agency. Any parent, spouse or guardian who, without valid reason, refuses to
cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug
dependent who is a minor, or in any manner, prevents or delays the after-care, follow-up or other
programs for the welfare of the accused drug dependent, whether under voluntary submission
program or compulsory submission program, may be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. The parent,
spouse, guardian or any relative within the fourth degree of consanguinity of any person who is
confined under the voluntary submission program or compulsory submission program shall be
charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of
which shall be formulated by the DSWD taking into consideration the economic status of the family
of the person confined. The guidelines therein formulated shall be implemented by a social worker of
the local government unit.
Section 75. Treatment and Rehabilitation Centers. The existing treatment and rehabilitation
centers for drug dependents operated and maintained by the NBI and the PNP shall be operated,
maintained and managed by the DOH in coordination with other concerned agencies. For the
purpose of enlarging the network of centers, the Board through the DOH shall encourage, promote
or whenever feasible, assist or support in the establishment, operations and maintenance of private
centers which shall be eligible to receive grants, donations or subsidy from either government or
private sources. It shall also support the establishment of government-operated regional treatment
and rehabilitation centers depending upon the availability of funds. The national government,
through its appropriate agencies shall give priority funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center
in each province, depending on the availability of funds.
Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this Act.
The DOH shall:
(1) Oversee the monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and activities as well
as the establishment, operations, maintenance and management of privately-owned drug
treatment rehabilitation centers and drug testing networks and laboratories throughout the
country in coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test network and laboratory, initiate,
conduct and support scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting
minimum standards for their accreditation to assure their competence, integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the establishment of such
Centers as it may deem necessary after conducting a feasibility study thereof;
(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of
violating this Act, order the closure of a Center for treatment and rehabilitation of drug
dependency when, after investigation it is found guilty of violating the provisions of this Act or
regulations issued by the Board; and

(6) Charge reasonable fees for drug dependency examinations, other medical and legal
services provided to the public, which shall accrue to the Board. All income derived from
these sources shall be part of the funds constituted as special funds for the implementation
of this Act under Section 87.
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board. The Board shall be the policy-making and strategyformulating body in the planning and formulation of policies and programs on drug prevention and
control. It shall develop and adopt a comprehensive, integrated, unified and balanced national drug
abuse prevention and control strategy. It shall be under the Office of the President.
Section 78. Composition of the Board. The Board shall be composed of seventeen (17) members
wherein three (3) of which are permanent members, the other twelve (12) members shall be in an ex
officio capacity and the two (2) shall be regular members.
The three (3) permanent members, who shall possess at least seven-year training and experience in
the field of dangerous drugs and in any of the following fields: in law, medicine, criminology,
psychology or social work, shall be appointed by the President of the Philippines. The President
shall designate a Chairman, who shall have the rank of a secretary from among the three (3)
permanent members who shall serve for six (6) years. Of the two (2) other members, who shall both
have the rank of undersecretary, one (1) shall serve for four (4) years and the other for two (2) years.
Thereafter, the persons appointed to succeed such members shall hold office for a term of six (6)
years and until their successors shall have been duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are the following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her representative;
(6) Secretary of the Department of the Interior and Local Government or his/her
representative;
(7) Secretary of the Department of Social Welfare and Development or his/her
representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;
(9) Secretary of the Department of Education or his/her representative;
(10) Chairman of the Commission on Higher Education or his/her representative;

(11) Chairman of the National Youth Commission;

(12) Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may designate their duly authorized and
permanent representatives whose ranks shall in no case be lower than undersecretary.
The two (2) regular members shall be as follows:
(a) The president of the Integrated Bar of the Philippines; and
(b) The chairman or president of a non-government organization involved in dangerous drug
campaign to be appointed by the President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board,
and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive a per diem for every
meeting actually attended subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, That where the representative of an ex
officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter,
such representative shall be entitled to receive the per diem.
Section 79. Meetings of the Board. The Board shall meet once a week or as often as necessary at
the discretion of the Chairman or at the call of any four (4) other members. The presence of nine (9)
members shall constitute a quorum.
Section 80. Secretariat of the Board. The Board shall recommend to the President of the
Philippines the appointment of an Executive Director, with the rank of an undersecretary, who shall
be the Secretary of the Board and administrative officer of its secretariat, and shall perform such
other duties that may be assigned to him/her. He/she must possess adequate knowledge, training
and experience in the field of dangerous drugs, and in any of the following fields: law enforcement,
law, medicine, criminology, psychology or social work.
Two deputies executive director, for administration and operations, with the ranks of assistant
secretary, shall be appointed by the President upon recommendation of the Board. They shall
possess the same qualifications as those of the executive director. They shall receive a salary
corresponding to their position as prescribed by the Salary Standardization Law as a Career Service
Officer.
The existing secretariat of the Board shall be under the administrative control and supervision of the
Executive Director. It shall be composed of the following divisions, namely: Policy Studies, Research
and Statistics; Preventive Education, Training and Information; Legal Affairs; and the Administrative
and Financial Management.
Section 81. Powers and Duties of the Board. The Board shall:
(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced
national drug use prevention and control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of
this Act, including the manner of safekeeping, disposition, burning or condemnation of any
dangerous drug and/or controlled precursor and essential chemical under its charge and
custody, and prescribe administrative remedies or sanctions for the violations of such rules
and regulations;
(c) Conduct policy studies, program monitoring and evaluations and other researches on
drug prevention, control and enforcement;
(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and
biological researches on dangerous drugs and dangerous drugs prevention and control
measures;
(e) Develop an educational program and information drive on the hazards and prevention of
illegal use of any dangerous drug and/or controlled precursor and essential chemical based
on factual data, and disseminate the same to the general public, for which purpose the
Board shall endeavor to make the general public aware of the hazards of any dangerous
drugs and/or controlled precursor and essential chemical by providing among others,
literature, films, displays or advertisements and by coordinating with all institutions of
learning as well as with all national and local enforcement agencies in planning and
conducting its educational campaign programs to be implemented by the appropriate
government agencies;
(f) Conduct continuing seminars for, and consultations with, and provide information
materials to judges and prosecutors in coordination with the Office of the Court Administrator,
in the case of judges, and the DOJ, in the case of prosecutors, which aim to provide them
with the current developments and programs of the Board pertinent to its campaign against
dangerous drugs and its scientific researches on dangerous drugs, its prevention and control
measures;
(g) Design special trainings in order to provide law enforcement officers, members of the
judiciary, and prosecutors, school authorities and personnel of centers with knowledge and
know-how in dangerous drugs and/or controlled precursors and essential chemicals control
in coordination with the Supreme Court to meet the objectives of the national drug control
programs;
(h) Design and develop, in consultation and coordination with the DOH, DSWD and other
agencies involved in drugs control, treatment and rehabilitation, both public and private, a
national treatment and rehabilitation program for drug dependents including a standard
aftercare and community service program for recovering drug dependents;
(i) Design and develop, jointly with the DOLE and in consultation with labor and employer
groups as well as nongovernment organizations a drug abuse prevention program in the
workplace that would include a provision for employee assistance programs for emotionallystressed employees;
(j) Initiate and authorize closure proceedings against non-accredited and/or substandard
rehabilitation centers based on verified reports of human rights violations, subhuman
conditions, inadequate medical training and assistance and excessive fees for
implementation by the PDEA;

(k) Prescribe and promulgate rules and regulations governing the establishment of such
centers, networks and laboratories as deemed necessary after conducting a feasibility study
in coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the importation, exportation,
production, manufacture, sale, stocks, seizures of and the estimated need for any dangerous
drug and/or controlled precursor and essential chemical, for which purpose the Board may
require from any official, instrumentality or agency of the government or any private person
or enterprise dealing in, or engaged in activities having to do with any dangerous drug and/or
controlled precursors and essential chemicals such data or information as it may need to
implement this Act;
(m) Gather and prepare detailed statistics on the importation, exportation, manufacture,
stocks, seizures of and estimates need for any dangerous drug and/or controlled precursors
and essential chemicals and such other statistical data on said drugs as may be periodically
required by the United Nations Narcotics Drug Commission, the World Health Organization
and other international organizations in consonance with the country's international
commitments;
(n) Develop and maintain international networking coordination with international drug control
agencies and organizations, and implement the provisions of international conventions and
agreements thereon which have been adopted and approved by the Congress of the
Philippines;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the PDEA, about all dangerous
drugs and/or controlled precursors and essential chemicals-related cases to which they have
attended for statistics and research purposes;
(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds,
to administer and dispose the same when necessary for the benefit of government and
private rehabilitation centers subject to limitations, directions and instructions from the
donors, if any;
(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment,
rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and
regulations pertaining to the application and its enforcement;
(r) Formulate guidelines, in coordination with other government agencies, the importation,
distribution, production, manufacture, compounding, prescription, dispensing and sale of,
and other lawful acts in connection with any dangerous drug, controlled precursors and
essential chemicals and other similar or analogous substances of such kind and in such
quantity as it may deem necessary according to the medical and research needs or
requirements of the country including diet pills containing ephedrine and other addictive
chemicals and determine the quantity and/or quality of dangerous drugs and controlled
precursors and essential chemicals to be imported, manufactured and held in stock at any
given time by authorized importer, manufacturer or distributor of such drugs;
(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of
dangerous drugs into and out of the country to neutralize transnational crime syndicates
involved in illegal trafficking of any dangerous drugs and/or controlled precursors and
essential chemicals;

(t) Recommend the revocation of the professional license of any practitioner who is an
owner, co-owner, lessee, or in the employ of the drug establishment, or manager of a
partnership, corporation, association, or any juridical entity owning and/or controlling such
drug establishment, and who knowingly participates in, or consents to, tolerates, or abets the
commission of the act of violations as indicated in the preceding paragraph, all without
prejudice to the criminal prosecution of the person responsible for the said violation;
(u) Appoint such technical, administrative and other personnel as may be necessary for the
effective implementation of this Act, subject to the Civil Service Law and its rules and
regulations;
(v) Establish a regular and continuing consultation with concerned government agencies and
medical professional organizations to determine if balance exists in policies, procedures,
rules and regulations on dangerous drugs and to provide recommendations on how the
lawful use of dangerous drugs can be improved and facilitated; and
(w) Submit an annual and periodic reports to the President, the Congress of the Philippines
and the Senate and House of Representatives committees concerned as may be required
from time to time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as recommended by the
congressional committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). To carry out the
provisions of this Act, the PDEA, which serves as the implementing arm of the Board, and shall be
responsible for the efficient and effective law enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential chemical as provided in this Act.
The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be
responsible for the general administration and management of the Agency. The Director General of
the PDEA shall be appointed by the President of the Philippines and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge, training and
experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law,
medicine, criminology, psychology or social work.
The Director General of the PDEA shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputies director general with the rank of Assistant Secretary; one for
Operations and the other one for Administration. The two (2) deputies director general shall likewise
be appointed by the President of the Philippines upon recommendation of the Board. The two (2)
deputies director general shall possess the same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.
Section 83. Organization of the PDEA. The present Secretariat of the National Drug Law
Enforcement and Prevention Coordinating Center as created by Executive Order No. 61 shall be
accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the necessary changes in the
organizational set-up which shall be submitted to the Board for approval.
For purposes of carrying out its duties and powers as provided for in the succeeding Section of this
Act, the PDEA shall have the following Services, namely: Intelligence and Investigation; International
Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and

Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial
Management; Logistics Management; and Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of the country which
shall be responsible for the implementation of this Act and the policies, programs, and projects of
said agency in their respective regions.
Section 84. Powers and Duties of the PDEA. The PDEA shall:
(a) Implement or cause the efficient and effective implementation of the national drug control
strategy formulated by the Board thereby carrying out a national drug campaign program
which shall include drug law enforcement, control and prevention campaign with the
assistance of concerned government agencies;
(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful
acts and penalties involving any dangerous drug and/or controlled precursor and essential
chemical and investigate all violators and other matters involved in the commission of any
crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled
precursor and essential chemical as provided for in this Act and the provisions of Presidential
Decree No. 1619;
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of
investigation involving the violations of this Act;
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects
or proceeds of the crimes as provided by law and take custody thereof, for this purpose the
prosecutors and enforcement agents are authorized to possess firearms, in accordance with
existing laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and
essential chemicals seized, confiscated or surrendered to any national, provincial or local
law enforcement agency, if no longer needed for purposes of evidence in court;
(f) Establish forensic laboratories in each PNP office in every province and city in order to
facilitate action on seize or confiscated drugs, thereby hastening its destruction without
delay;
(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of this Act and in accordance with the
pertinent provisions of the Anti-Money-Laundering Act of 2001;
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for
violation of all laws on dangerous drugs, controlled precursors and essential chemicals, and
other similar controlled substances, and assist, support and coordinate with other
government agencies for the proper and effective prosecution of the same;
(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal
Office and the Bureau of Customs, inspect all air cargo packages, parcels and mails in the
central post office, which appear from the package and address itself to be a possible
importation of dangerous drugs and/or controlled precursors and essential chemicals,
through on-line or cyber shops via the internet or cyberspace;

(j) Conduct eradication programs to destroy wild or illegal growth of plants from which
dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide organization which shall coordinate
and supervise all activities against drug abuse in every province, city, municipality and
barangay with the active and direct participation of all such local government units and
nongovernmental organizations, including the citizenry, subject to the provisions of
previously formulated programs of action against dangerous drugs;
(l) Establish and maintain a national drug intelligence system in cooperation with law
enforcement agencies, other government agencies/offices and local government units that
will assist in its apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation and linkages with international
drug control and administration agencies and organizations, and implement the applicable
provisions of international conventions and agreements related to dangerous drugs to which
the Philippines is a signatory;
(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file
charges and transmit evidence to the proper court, wherein members of the said unit shall
possess suitable and adequate firearms for their protection in connection with the
performance of their duties: Provided, That no previous special permit for such possession
shall be required;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about all dangerous
drugs and/or controlled precursors and essential chemicals which they have attended to for
data and information purposes;
(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines,
rules and regulations for the proper implementation of this Act;
(q) Initiate and undertake a national campaign for drug prevention and drug control
programs, where it may enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned and or controlled
corporations, in the anti-illegal drugs drive, which may include the use of their respective
personnel, facilities, and resources for a more resolute detection and investigation of drugrelated crimes and prosecution of the drug traffickers; and
(r) Submit an annual and periodic reports to the Board as may be required from time to time,
and perform such other functions as may be authorized or required under existing laws and
as directed by the President himself/herself or as recommended by the congressional
committees concerned.
Section 85. The PDEA Academy. Upon the approval of the Board, the PDEA Academy shall be
established either in Baguio or Tagaytay City, and in such other places as may be necessary. The
PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and
personnel. The Board shall provide for the qualifications and requirements of its recruits who must
be at least twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate degree
holder.

The graduates of the Academy shall later comprise the operating units of the PDEA after the
termination of the transition period of five (5) years during which all the intelligence network and
standard operating procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be
appointed by the PDEA Director General.
Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the
PDEA and Transitory Provisions. The Narcotics Group of the PNP, the Narcotics Division of the
NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue
with the performance of their task as detail service with the PDEA, subject to screening, until such
time that the organizational structure of the Agency is fully operational and the number of graduates
of the PDEA Academy is sufficient to do the task themselves:Provided, That such personnel who are
affected shall have the option of either being integrated into the PDEA or remain with their original
mother agencies and shall, thereafter, be immediately reassigned to other units therein by the head
of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall
be extended appointments to positions similar in rank, salary, and other emoluments and privileges
granted to their respective positions in their original mother agencies.
The transfer, absorption and integration of the different offices and units provided for in this Section
shall take effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel
absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all
other crimes as provided for in their respective organic laws: Provided, however, That when the
investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a
violation of any of the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or
any of the task force shall immediately transfer the same to the PDEA: Provided, further, That the
NBI, PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug
related matters.
ARTICLE X
Appropriations, Management of Funds and Annual Report
Section 87. Appropriations. The amount necessary for the operation of the Board and the PDEA
shall be charged against the current year's appropriations of the Board, the National Drug Law
Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics
Division of the NBI and other drug abuse units of the different law enforcement agencies integrated
into the PDEA in order to carry out the provisions of this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in this Act, including
ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than
twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the general fund for the implementation of
this Act: Provided, That no amount shall be disbursed to cover the operating expenses of the Board
and other concerned agencies: Provided, further, That at least fifty percent (50%) of all the funds
shall be reserved for assistance to government-owned and/or operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from
the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the
Board by the PCSO within thirty (30) days after these are collected and declared forfeited.
A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR)
in the amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of
establishing adequate drug rehabilitation centers in the country and also for the maintenance and
operations of such centers: Provided, That the said amount shall be taken from the fifty percent
(50%) share of the National Government in the income of PAGCOR: Provided, further, That the said
amount shall automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be
disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the Commission on
Audit (COA).
The fund may be augmented by grants, donations, and endowment from various sources, domestic
or foreign, for purposes related to their functions, subject to the existing guidelines set by the
government.
Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA.
The Board shall manage the funds as it may deem proper for the attainment of the objectives of this
Act. In addition to the periodic reports as may be required under this Act, the Chairman of the Board
shall submit to the President of the Philippines and to the presiding officers of both houses of
Congress, within fifteen (15) days from the opening of the regular session, an annual report on the
dangerous drugs situation in the country which shall include detailed account of the programs and
projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to
the provisions of this Act, recommended remedial legislation, if needed, and such other relevant
facts as it may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. All accounts and
expenses of the Board and the PDEA shall be audited by the COA or its duly authorized
representative.
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. The Supreme Court shall designate special courts from among the
existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving
violations of this Act. The number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this
Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty
(30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is
established, the corresponding information shall be filed in court within twenty-four (24) hours from
the termination of the investigation. If the preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information shall be filed by the proper
prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from
the date of the filing of the information. Decision on said cases shall be rendered within a period of
fifteen (15) days from the date of submission of the case for resolution.
Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government
Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. Any
member of law enforcement agencies or any other government official and employee who, after due
notice, fails or refuses intentionally or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason, shall be punished with
imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of
not less than Five hundred thousand pesos (P500,000.00), in addition to the administrative liability
he/she may be meted out by his/her immediate superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or re-assigned to any other government office located
in another territorial jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be transferred or re-assigned
for compelling reasons: Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within twenty-four (24) hours from its
approval; Provided, further, That his/her immediate superior shall be penalized with imprisonment of
not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of
such order to transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any liability for violation
of any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases. Any government officer or
employee tasked with the prosecution of drug-related cases under this act, who, through patent
laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs.
The Board shall have the power to reclassify, add to or remove from the list of dangerous drugs.
Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA,
the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical
society or association, a pharmacy association, a public interest group concerned with drug abuse, a
national or local government agency, or an individual citizen. When a petition is received by the
Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an
investigation of a drug at any time based upon the information received from law enforcement
laboratories, national and local law enforcement and regulatory agencies, or other sources of
information.

The Board after notice and hearing shall consider the following factors with respect to each
substance proposed to be reclassified, added or removed from control:
(a) Its actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the drug or other substance;
(d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
(f) Risk to public health; and
(g) Whether the substance is an immediate precursor of a substance already controlled
under this Act.
The Board shall also take into accord the obligations and commitments to international treaties,
conventions and agreements to which the Philippines is a signatory.
The Dangerous Drugs Board shall give notice to the general public of the public hearing of the
reclassification, addition to or removal from the list of any drug by publishing such notice in any
newspaper of general circulation once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as follows:
(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the
penalties for the violations of this Act involving the two latter categories of drugs shall, in
case of conviction, be imposed in all pending criminal prosecutions;
(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the
penalties for violations of the Act involving precursors and essential chemicals shall, in case
of conviction, be imposed in all pending criminal prosecutions;
(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and
essential chemicals, no criminal liability involving the same under this Act shall arise until
after the lapse of fifteen (15) days from the last publication of such notice;
(d) In case of removal of a drug from the list of dangerous drugs and precursors and
essential chemicals, all persons convicted and/or detained for the use and/or possession of
such a drug shall be automatically released and all pending criminal prosecution involving
such a drug under this Act shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress
a detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.
ARTICLE XII
Implementing Rules and Regulations

Section 94. Implementing Rules and Regulations. The present Board in consultation with the
DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other
concerned government agencies shall promulgate within sixty (60) days the Implementing Rules and
Regulations that shall be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee. There is hereby created a Congressional
Oversight Committee composed of seven (7) Members from the Senate and seven (7) Members
from the House of Representatives. The Members from the Senate shall be appointed by the Senate
President based on the proportional representation of the parties or coalitions therein with at least
two (2) Senators representing the Minority. The Members from the House of Representatives shall
be appointed by the Speaker, also based on proportional representation of the parties or coalitions
therein with at least two (2) Members representing the Minority.
The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public
Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.
Section 96. Powers and Functions of the Oversight Committee. The Oversight Committee on
Dangerous Drugs shall, in aid of legislation, perform the following functions, among others:
(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of this Act;
(b) To ensure transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the implementation
of this act;
(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs
and all disbursements therefrom, including compensation of all personnel;
(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary remedial
legislation or executive measures; and
(f) To perform such other duties, functions and responsibilities as may be necessary to
effectively attain the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. The Oversight
Committee on Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and
receive testimonies, reports, and technical advice, invite or summon by subpoena ad
testificandum any public official, private citizen, or any other person to testify before it, or require any
person by subpoena duces tecum documents or other materials as it may require consistent with the
provisions of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by

personnel who may be seconded from the Senate and the House of Representatives and may retain
consultants.
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial
sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the current
appropriations of the Senate. Thereafter, such amount necessary for its continued operations shall
be included in the annual General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the
effectivity of this Act and may be extended by a joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or
regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein
shall be reclusion perpetua to death.
Section 99. Separability Clause. If for any reason any section or provision of this Act, or any
portion thereof, or the application of such section, provision or portion thereof to any person, group
or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected
by such declaration and shall remain in force and effect.
Section 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby repealed and all
other laws, administrative orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.
Section 101. Amending Clause. Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. This Act shall take effect fifteen (15) days upon its publication in at least
two (2) national newspapers of general circulation.

Approved,

(Sgd)

(Sgd)

FRANKLIN M. DRILON
President of the Senate

JOSE DE VENECIA, JR.

Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was finally passed
by the Senate and the House of Representatives on May 30, 2002 and May 29, 2002, respectively.

(Sgd)

(Sgd)

OSCAR G. YABES
Secretary of the Senate

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved: January 23, 2002

(Sgd)

GLORIA MACAPAGALARROYO
President of the Philippines

ANNEX
1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN TABLE I
1. ACETIC ANHYDRIDE
2. N-ACETYLANTHRANILIC ACID
3. EPHEDRINE
4. ERGOMETRINE
5. ERGOTAMINE
6. ISOSAFROLE
7. LYSERGIC ACID
8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
9. NOREPHEDRINE
10. 1-PHENYL-2-PROPANONE
11. PIPERONAL
12. POTASSIUM PERMANGANATE
13. PSEUDOEPHEDRINE
14. SAFROLE

THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF
SUCH SALTS IS POSSIBLE.
LIST OF SUBSTANCES IN TABLE II
1. ACETONE
2. ANTHRANILIC ACID
3. ETHYL ETHER
4. HYDROCHLORIC ACID
5. METHYL ETHYL KETONE
6. PHENYLACETIC ACID
7. PIPERIDINE
8. SULPHURIC ACID
9. TOLUENE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF
SUCH SALTS IS POSSIBLE (THE SALTS OF HYDROCHLORIC ACID AND SULPHURIC ACID
ARE SPECIFICALLY EXCLUDED)
1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED BY THE
1972 PROTOCOL
LIST OF DRUGS INCLUDED IN SCHEDULE I
1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Acetylmethadol
4. Alfentanil
5. Allylprodine
6. Alphacetylmethadol
7. Alphameprodine
8. Alphamethadol
9. Alpha-methylfentanyl
10. Alpha-methylthiofentanyl
11. Alphaprodine
12. Anileridine
13. Benzethidine
14. Benzylmorphine
15. Betacetylmethadol
16. Beta-hydroxyfentanyl
17. Beta-hydroxy-3-methylfentanyl
18. Betameprodine
19. Betamethadol
20. Betaprodine
21. Bezitramide
22. Cannabis and Cannabis resin and extracts and tinctures of cannabis
23. Clonitazene
24. Coca leaf
25. Cocaine
26. Codoxime
27. Concentrate of poppy straw
28. Desomorphine

29. Dextromoramide
30. Diampromide
31. Diethylthiambutene
32. Difenoxin
33. Dihydroetorphine
34. Dihydromorphine
35. Dihydromorphine*
36. Dimenoxadol
37. Dimepheptanol
38. Dimethylthiambutene
39. Dioxaphetyl butyrate
40. Diphenoxylate
41. Dipipanone
42. Drotebanol
43. Ecgonine
44. Ethylmethylthiambutene
45. Etonitazene
46. Etorphine
47. Etoxeridine
48. Fentanyl
49. Furethidine
50. Heroin
51. Hydrocodone
52. Hydromorphinol
53. Hydromorphone
54. Hydroxypethidine
55. Isomethadone
56. Ketobemidone
57. Levomethorphan
58. Levomoramide
59. Levophenacylmorphan
60. Levorphanol
61. Metazocine
62. Methadone
63. Methadone Intermediate
64. Methyldesorphine
65. Methyldihydromorphine
66. 3-methylfentanyl
67. 3-methylthiofentanyl
68. Metopon
69. Moramide intermediate
70. Morpheridine
71. Morphine
72. Morphine methobromide
73. Morphine-N-oxide
74. MPPP
75. Myrophine
76. Nicomorphine
77. Noracymethadol
78. Norlevorphanol
79. Normethadone
80. Normorphine
81. Norpipanone

82. Opium
83. Oxycodone
84. Oxymorphone
85. Para-fluorofentanyl
86. PEPAP
87. Pethidine
88. Pethidine intermediate A
89. Pethidine intermediate B
90. Pethidine intermediate C
91. Phenadoxone
92. Phenampromide
93. Phenazocine
94. Phenomorphan
95. Phenoperidine
96. Piminodine
97. Piritramide
98. Proheptazine
99. Properidine
100. Racemethorphan
101. Racemoramide
102. Racemorphan
103. Remifentanil
104. Sufentanil
105. Thebacon
106. Thebaine
107. Thiofentanyl
108. Tilidine
109. Trimeperidine
----Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan (+)-3-hydroxy-Nmethylmorphinan are isomers specifically excluded from this Schedule.
*

AND the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence
of such isomers is possible within the specific chemical designation;
The esters and ethers, unless appearing in another Schedule, of the drugs in this Schedule
whenever the existence of such esters or ethers is possible;
The salts of the drugs listed in this Schedule, including the salts of esters, ethers and isomers as
provided above whenever the existence of such salts is possible.
LIST OF DRUGS INCLUDED IN SCHEDULE II
1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine
7. Nicodicodine

8. Norcodeine
9. Pholcodine
10. Propiram
And the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence
of such isomers is possible within the specific chemical designation.
The salts of the drugs listed in this Schedule, including the salts of the isomers as provided above
whenever the existence of such salts is possible.

LIST OF DRUGS INCLUDED IN SCHEDULE III

1. Preparations of :

Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or more other ingredients and
containing not more than milligrams of the drug per dosage unit
and with a concentration of not more than 2.5 per cent in
undivided preparations.

2. Preparations of :

Propiram containing not more than 100 milligrams of propiram

per dosage unit and compounded with at least the same amount
of Methylcellulose.

3. Preparations of :

Dextropropoxyphene for oral use containing not more than 135

milligrams of dextropropoxyphene base per dosage unit or with
a concentration of not more than 2.5 per cent in undivided
preparations, provided that such preparations do not contain any
substance controlled under the Convention on Psychotropic
Substances of 1971.

4. Preparations of :

Cocaine containing not more than 0.1 per cent of cocaine

calculated as cocaine base; and

Preparations of:
Opium or morphine containing not more than 0.2 per cent of
morphine calculated as anhydrous morphine base and
compounded with one or more other ingredients and in such a

way that the drug cannot be recovered by readily applicable

means or in a yield that would constitute a risk to public health.

5. Preparations of :

Difenoxin containing, per dosage unit, not more than 0.5

milligrams of difenoxin and a quantity of atropine sulfate
equivalent to at least 5 per cent of the dose of difenoxin.

6. Preparations of :

Diphenoxylate containing per dosage unit, not more than 2.5

milligrams diphenoxylate calculated as base and a quantity of
atropine sulfate equivalent to at least 1 per cent of the dose of
diphenoxylate.

7. Preparations of :

Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder
10 per cent ipecacuanha root, in powder well mixed with
80 per cent of any other powdered ingredient containing
no drug.

8. Preparations conforming to any of the formulas listed in this Schedule and mixtures
such preparations with any material which contains no drug.

LIST OF DRUGS INCLUDED IN SCHEDULE IV

1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Alpha-methylfentanyl
4. Alpha-methylthiofentanyl
5. Beta-hydroxy-3-methylfentanyl
6. Beta-hydroxyfentanyl
7. Cannabis and Cannabis resin
8. Desomorphine
9. Etorphine
10. Heroin
11. Ketobemidone
12. 3-methylfentanyl
13. 3-methylthiofentanyl
14. MPPP
15. Para-fluorofentanyl
16. PEPAP
17. Thiofentanyl

AND the salts of the drugs listed in this Schedule whenever the formation of such salts is possible
1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN SCHEDULE I

BROLAMFETAMINE (DOB)

()-4-Bromo-2,5-dimethoxy-a-methylphenethylamine
Dimethoxybromoamphetamine

CATHINONE

(-)-(S)-2-Aminopropiophenone

DET

3-[2-(Diethylamino)ethyl)indole)

DMA

()-2,5-DIMETHOXY-a-methylphenethylamine
2,5 Dimethoxyamphetamine

DMPH

3-(1,2-Dimethylhepty)-7,8,9,-10-tetrahydro-6,6,9trimethyl-6H-dibenzo[b,d]pyran-1-ol

DMT

3-[2-(Dimethylamino)ethyl]indole

DOET

()-4-Ethyl-2,5-dimethoxy-a-phorethylamine
2,5-Dimethoxy-4-ethylamphetamine

ETICYCLIDINE (PCE)

N-Ethyl-1-phenylcyclohexylamine

ETRYPAMINE

3-(2-Aminobutyl)indole

(+)-LYSERGIDE (LSD, LSD25)

9,10-Didehydro-N,N-diethyl-6-methylergoline-8bcarboxamide

MDA

(+)-N, a-Dimethyl-3,4-(methylene-dioxy)phenethylamine
3,4-Methylenedioxymethamphetamine

MESCALINE

3,4,5-Trimethoxyphenethylamine

METHCATHINONE

2-(Methylamino)-1-phenylpropan-1-one

4-METHYLAMINOREX

(+)-cis-2-Amino-4-methyl-5-phenyl-2-oxazoline

MMDA

2-Methoxy-a-methyl-4,5(methylenedioxy)phenethylamine
5-Methoxy-3,4-methylenedioxyamphetamine

N-ETHYL MDA

(+)-N-Ethyl-a-methyl3,4(methylenedioxy)phenethylamine
3-4-Methylenedioxy-N-ethylamphetamine

N-HYDROXY MDA

(+)-N-[a-Methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine

PARAHEXYL

3-Hexyl-7,8,9,10-tetrahydro-6,6,-9-trimethyl-6Hdibenzo[b,d]pyran-1-ol

PMA

p-Methoxy-a-methylphenethylamine

Paramethoxyamphetamine

PSILOCINE, PSILOTSIN

3-[2-(Dimethylamino)ethyl]indol-4-ol

PSILOCYBINE

3-[2-(Dimethylamino)ethyl]indol-4-yl
dihydrogen phosphate

ROLICYCLIDINE (PHP,
PCPY)

1-(1-Phenylcyclohexyl)pyrrolidine

STP, DOM

2,5-Dimethoxy-a,4-dimethylphenethylamine

TENAMFETAMINE (MDA)

a-Methyl-3,4-(methylenedioxy)phenethylamine
Methylenedioxyamphetamine

TENOCYCLIDINE (TCP)

1-[1-(2-Thienyl)cyclohexyl]piperridine

TETRAHYDROCANNABINOL

- the following isomers and their stereochemical

variants:
7,8,9,10-Tetrahydro-6,6,9-trimethyl-3pentyl-6H-dibenzo[b,d]pyran-1-ol
(9R,10aR)-8,9,10,10a-Tetrahydro-6,6,9trimethyl-3-pentyl-6H-dibenzo[b,d]pyran1-ol
(6aR,9R,10aR)-6a,9,10,10a-Tetrahydro6,6,9-trimethyl-3-pentyl-6Hdibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,10,10a-Tetrahydro6,6,9-trimethyl-3-pentyl-6H-

dibenzo[b,d]pyran-1-ol
(6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,8,9,10,10aHexahydro-6,6,dimethyl-9-methylene-3pentyl-6H-Dibenzo[b,d]pyran-1-ol

TMA

()-3,4,5-Trimethoxy-a methylphenethylamine
3,4,5-Trimethoxyamphetamine
4-MIA-(a-methyl-4-methylthiophenethylamine)

The stereoisomers, unless specifically excepted, of substances in this Schedule, whenever the
existence of such stereou\isomers is possible within the specific chemical designation.
LIST OF SUBSTANCES IN SCHEDULE II
1. AMFETAMINE (AMPHETAMINE)
2. DEXAMFETAMINE (DEXAMPHETAMINE)
3. FENETYLLINE
4. LEVAMFETAMINE (LEVAMPHETAMINE)
5. LEVOMETHAMPHETAMINE
6. MECLOQUALONE
7. METAMFETAMINE (METHAMPHETAMINE)
8. METHAMPHETAMINE RACEMATE
9. METHAQUALONE
10. METHYLPHENIDATE
11. PHENCYCLIDINE (PCP)
12. PHENMETRAZINE
13. SECOBARBITAL
14. DRONABINOL (delta-9-tetrahydro-cannabinol and its stereochemical variants)
15. ZIPEPROL
16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine)
LIST OF SUBSTANCES IN SCHEDULE III
1. AMOBARBITAL
2. BUPRENORPHINE
3. BUTALBITAL
4. CATHINE (+)-norpseudo-ephedrine
5. CYCLOBARBITAL
6. FLUNITRAZEPAM
7. GLUTETHIMIDE

8. PENTAZOCINE
9. PENTOBARBITAL
Substances in Schedule IV
1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE 4. AMINOREX
5. BARBITAL
6. BENZFETAMINE(benzphetamine)
7. BROMAZEPAM
8. Butobarbital
9. BROTIZOLAM
10. CAMAZEPAM
11. CHLORDIAZEPOXIDE
12. CLOBAZAM
13. CLONAZEPAM
14. CLORAZEPATE
15. CLOTIAZEPAM
16. CLOXAZOLAM
17. DELORAZEPAM
18. DIAZEPAM
19. ESTAZOLAM
20. ETHCHLORVYNOL
21. ETHINAMATE
22. ETHYL LOFLAZEPATE
23. ETILAMFETAMINE(N-ethylampetamine)
24. FENCAMFAMIN
25. FENPROPOREX
26. FLUDIAZEPAM
27. FLURAZEPAM
28. HALAZEPAM
29. HALOXAZOLAM
30. KETAZOLAM
31. LEFETAMINE(SPA)
32. LOPRAZOLAM
33. LORAZEPAM
34. LORMETAZEPAM
35. MAZINDOL
36. MEDAZEPAM
37. MEFENOREX
38. MEPROBAMATE
39. MESOCARB
40. METHYLPHENOBARBITAL
41. METHYPRYLON
42. MIDAZOLAM
43. NIMETAZEPAM
44. NITRAZEPAM
45. NORDAZEPAM
46. OXAZEPAM
47. OXAZOLAM
48. PEMOLINE
49. PHENDIMETRAZINE

50. PHENOBARBITAL
51. PHENTERMINE
52. PINAZEPAM
53. PIPRADROL
54. PRAZEPAM
55. PYROVALERONE
56. SECBUTABARBITAL
57. TEMAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-Hydroxyburic acid)
61. Zolpidem

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL
OFFENDERS
WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the
government to effectively contain them;
WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution
of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or
frustrate the successful apprehension and prosecution of criminal offenders;
NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by law do hereby decree and order the following:
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to
6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of
criminal cases by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object,
with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in
any investigation of or official proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal
laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other personal
circumstances for the same purpose or purposes;

(e) delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in, criminal
cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from
appearing in the investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the victim;
or fabricating information from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and publishing or disseminating
the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher
penalty shall be imposed.
Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in
addition to the penalties provided thereunder, suffer perpetual disqualification from holding public
office.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.

PRESIDENTIAL DECREE No. 532 August 8, 1974

ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing
acts of depredations upon the persons and properties of innocent and defenseless inhabitants who
travel from one place to another, thereby distributing the peace, order and tranquility of the nation
and stunting the economic and social progress of the people;
WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which
are among the highest forms of lawlessness condemned by the penal statutes of all countries; and,

WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts
of depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all
obstacles to the economic, social, educational and community progress of the people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution and pursuant to proclamation No. 1081, dated September
21, 1972 and No. 1104, dated January 17, 1973 and General Order No. 1, dated September 22,
1972, do hereby order and decree as part of the law of the land the following:
Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of
1974.
Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas,
gulfs, bays around, between and connecting each of the Islands of the Philippine
Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the
insular shelves, and other submarine areas over which the Philippines has sovereignty or
jurisdiction.
b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one
place to another through Philippine Waters. It shall include all kinds and types of vessels or
boats used in fishing.
c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or
other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles,
or locomotives or trains for the movement or circulation of persons or transportation of
goods, articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part
thereof or its cargo, equipment, or the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against or intimidation of persons or
force upon things, committed by any person, including a passenger or member of the
complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders
shall be considered as pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by means of violence
against or intimidation of person or force upon things of other unlawful means, committed by
any person on any Philippine Highway.
Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein
defined, shall, upon conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be
imposed. If physical injuries or other crimes are committed as a result or on the occasion
thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is
committed as a result or on the occasion of piracy, or when the offenders abandoned the
victims without means of saving themselves, or when the seizure is accomplished by firing
upon or boarding a vessel, the mandatory penalty of death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period

shall be imposed. If physical injuries or other crimes are committed during or on the occasion
of the commission of robbery or brigandage, the penalty of reclusion temporal in its medium
and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or
homicide, or rape is committed as a result or on the occasion thereof, the penalty of death
shall be imposed.
Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway
robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them information about the movement of police or other
peace officers of the government, or acquires or receives property taken by such pirates or brigands
or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the
commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the
principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal
Code.
It shall be presumed that any person who does any of the acts provided in this Section has
performed knowingly, unless the contrary is proven.
Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised
Penal Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are
inconsistent with this Decree are hereby repealed or modified accordingly.
Section 6. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and
seventy-four.

Republic Act No. 9372

March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of
2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people, and to make terrorism a crime against the
Filipino people, against humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account the root
causes of terrorism without acknowledging these as justifications for terrorist and/or criminal

activities. Such measures shall include conflict management and post-conflict peace-building,
addressing the roots of conflict by building state capacity and promoting equitable economic
development.
Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally
recognized powers of the executive branch of the government. It is to be understood, however that
the exercise of the constitutionally recognized powers of the executive department of the
government shall not prejudice respect for human rights which shall be absolute and protected at all
times.
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974);
and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal
and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit
of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law,
as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of
the crime of terrorism as defined in Section 3 hereof and decide to commit the same.
SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the
penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner: (a) by profiting himself or assisting the offender to
profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects,
or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the
single exception of accessories falling within the provisions of subparagraph (a).
SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. -The
provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the members of his team may, upon a written order of the
Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of
electronic or other surveillance equipment or intercepting and tracking devices, or with the use of
any other suitable ways and means for that purpose, any communication, message, conversation,
discussion, or spoken or written words between members of a judicially declared and outlawed
terrorist organization, association, or group of persons or of any person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers and
clients, doctors and patients, journalists and their sources and confidential business correspondence
shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The written order of the authorizing
division of the Court of Appeals to track down, tap, listen to, intercept, and record communications,
messages, conversations, discussions, or spoken or written words of any person suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall only be granted by the
authorizing division of the Court of Appeals upon an ex parte written application of a police or of a
law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council
created in Section 53 of this Act to file such ex parte application, and upon examination under oath
or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is
probable cause to believe based on personal knowledge of facts or circumstances that the said
crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or
is about to be committed; (b) that there is probable cause to believe based on personal knowledge of
facts or circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be obtained; and, (c)
that there is no other effective means readily available for acquiring such evidence.

SEC. 9. Classification and Contents of the Order of the Court. - The written order granted by the
authorizing division of the Court of Appeals as well as its order, if any, to extend or renew the same,
the original application of the applicant, including his application to extend or renew, if any, and the
written authorizations of the Anti-Terrorism Council shall be deemed and are hereby declared as
classified information: Provided, That the person being surveilled or whose communications, letters,
papers, messages, conversations, discussions, spoken or written words and effects have been
monitored, listened to, bugged or recorded by law enforcement authorities has the right to be
informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or
she intends to do so, the legality of the interference before the Court of Appeals which issued the
written order. The written order of the authorizing division of the Court of Appeals shall specify the
following: (a) the identity, such as name and address, if known, of the charged or suspected person
whose communications, messages, conversations, discussions, or spoken or written words are to be
tracked down, tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or
telephonic (whether wireless or otherwise) communications, messages, conversations, discussions,
or spoken or written words, the electronic transmission systems or the telephone numbers to be
tracked down, tapped, listened to, intercepted, and recorded and their locations or if the person
suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known, such person
shall be subject to continuous surveillance provided there is a reasonable ground to do so; (b) the
identity (name, address, and the police or law enforcement organization) of the police or of the law
enforcement official, including the individual identity (names, addresses, and the police or law
enforcement organization) of the members of his team, judicially authorized to track down, tap, listen
to, intercept, and record the communications, messages, conversations, discussions, or spoken or
written words; (c) the offense or offenses committed, or being committed, or sought to be prevented;
and, (d) the length of time within which the authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any authorization granted by the authorizing
division of the Court of Appeals, pursuant to Section 9(d) of this Act, shall only be effective for the
length of time specified in the written order of the authorizing division of the Court of Appeals, which
shall not exceed a period of thirty (30) days from the date of receipt of the written order of the
authorizing division of the Court of Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for
another non-extendible period, which shall not exceed thirty (30) days from the expiration of the
original period: Provided, That the authorizing division of the Court of Appeals is satisfied that such
extension or renewal is in the public interest: and Provided, further, That the ex parte application for
extension or renewal, which must be filed by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for
extension or renewal, the one next in rank to the original applicant among the members of the team
named in the original written order of the authorizing division of the Court of Appeals shall file the
application for extension or renewal: Provided, That, without prejudice to the liability of the police or
law enforcement personnel under Section 20 hereof, the applicant police or law enforcement official
shall have thirty (30) days after the termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official
shall immediately notify the person subject of the surveillance, interception and recording of the
termination of the said surveillance, interception and recording. The penalty of ten (10) years and
one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law

enforcement official who fails to notify the person subject of the surveillance, monitoring, interception
and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. - All tapes, discs, and
recordings made pursuant to the authorization of the authorizing division of the Court of Appeals,
including all excerpts and summaries thereof as well as all written notes or memoranda made in
connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the
written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after
the expiration of any extension or renewal granted by the authorizing division of the Court of
Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or
sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant
police or law enforcement official and the members of his team.
In case of death of the applicant or in case he is physically disabled to execute the required affidavit,
the one next in rank to the applicant among the members of the team named in the written order of
the authorizing division of the Court of Appeals shall execute with the members of the team that
required affidavit.
It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording,
and their excerpts and summaries, written notes or memoranda to copy in whatever form, to remove,
delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or
in part under any pretext whatsoever.
Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated
above shall suffer a penalty of not less than six years and one day to twelve (12) years of
imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police or of the law enforcement
official and the individual members of his team shall state: (a) the number of tapes, discs, and
recordings that have been made, as well as the number of excerpts and summaries thereof and the
number of written notes and memoranda, if any, made in connection therewith; (b) the dates and
times covered by each of such tapes, discs, and recordings; (c) the number of tapes, discs, and
recordings, as well as the number of excerpts and summaries thereof and the number of written
notes and memoranda made in connection therewith that have been included in the deposit; and (d)
the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to
file the ex parte application to conduct the tracking down, tapping, intercepting, and recording, as
well as the date of any extension or renewal of the original written authority granted by the
authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of
any of such tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of
any of such excerpts, summaries, written notes, and memoranda, have been made, or, if made, that
all such duplicates and copies are included in the sealed envelope or sealed package, as the case
may be, deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official to omit or exclude from the joint
affidavit any item or portion thereof mentioned in this Section.
Any person, police or law enforcement officer who violates any of the acts prescribed in the
preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve
(12) years of imprisonment.

SEC. 13. Disposition of Deposited Material. -The sealed envelope or sealed package and the
contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be
deemed and are hereby declared classified information, and the sealed envelope or sealed package
shall not be opened and its contents (including the tapes, discs, and recordings and all the excerpts
and summaries thereof and the notes and memoranda made in connection therewith) shall not be
divulged, revealed, read, replayed, or used as evidence unless authorized by written order of the
authorizing division of the Court of Appeals, which written order shall be granted only upon a written
application of the Department of Justice filed before the authorizing division of the Court of Appeals
and only upon a showing that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application with proper written notice the person whose
conversation, communication, message discussion or spoken or written words have been the
subject of surveillance, monitoring, recording and interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing the
persons subject of the surveillance as defined above shall suffer the penalty of six years and one
day to eight years of imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. - The written
application with notice to the party concerned to open the deposited sealed envelope or sealed
package shall clearly state the purpose or reason: (a) for opening the sealed envelope or sealed
package; (b) for revealing or disclosing its classified contents; (c) for replaying, divulging, and or
reading any of the listened to, intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words (including any of the excerpts and summaries thereof and
any of the notes or memoranda made in connection therewith); [ and, (d) for using any of said
listened to, intercepted, and recorded communications, messages, conversations, discussions, or
spoken or written words (including any of the excerpts and summaries thereof and any of the notes
or memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify as defined
above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written words, or any part or
parts thereof, or any information or fact contained therein, including their existence, content,
substance, purport, effect, or meaning, which have been secured in violation of the pertinent
provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. - Any police
or law enforcement personnel who, not being authorized to do so by the authorizing division of the
Court of Appeals, tracks down, taps, listens to, intercepts, and records in whatever manner or form
any communication, message, conversation, discussion, or spoken or written word of a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense, the
penalty of ten (10) years and one day to twelve (12) years of imprisonment and the accessory
penalty of perpetual absolute disqualification from public office shall be imposed upon any police or
law enforcement personnel who maliciously obtained an authority from the Court of Appeals to track
down, tap, listen to, intercept, and record in whatever manner or form any communication, message,

conversation, discussion, or spoken or written words of a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism: Provided, That notwithstanding Section 13 of
this Act, the party aggrieved by such authorization shall be allowed access to the sealed envelope or
sealed package and the contents thereof as evidence for the prosecution of any police or law
enforcement personnel who maliciously procured said authorization.
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. - Any
organization, association, or group of persons organized for the purpose of engaging in terrorism, or
which, although not organized for that purpose, actually uses the acts to terrorize mentioned in this
Act or to sow and create a condition of widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an unlawful demand shall, upon application
of the Department of Justice before a competent Regional Trial Court, with due notice and
opportunity to be heard given to the organization, association, or group of persons concerned, be
declared as a terrorist and outlawed organization, association, or group of persons by the said
Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of Article 125
of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement
personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken
custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained
persons to the proper judicial authorities, deliver said charged or suspected person to the proper
judicial authority within a period of three days counted from the moment the said charged or
suspected person has been apprehended or arrested, detained, and taken into custody by the said
police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of
terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person suspected of
the crime of terrorism, present him or her before any judge at the latter's residence or office nearest
the place where the arrest took place at any time of the day or night. It shall be the duty of the judge,
among other things, to ascertain the identity of the police or law enforcement personnel and the
person or persons they have arrested and presented before him or her, to inquire of them the
reasons why they have arrested the person and determine by questioning and personal observation
whether or not the suspect has been subjected to any physical, moral or psychological torture by
whom and why. The judge shall then submit a written report of what he/she had observed when the
subject was brought before him to the proper court that has jurisdiction over the case of the person
thus arrested. The judge shall forthwith submit his/her report within three calendar days from the
time the suspect was brought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the
judge of the court nearest the place of apprehension or arrest: Provided ,That where the arrest is
made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at
the residence of the judge nearest the place where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed
upon the police or law enforcement personnel who fails to notify and judge as Provided in the
preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. - In the
event of an actual or imminent terrorist attack, suspects may not be detained for more than three

days without the written approval of a municipal, city, provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the
Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays,
holidays or after office hours, the arresting police or law enforcement personnel shall bring the
person thus arrested to the residence of any of the officials mentioned above that is nearest the
place where the accused was arrested. The approval in writing of any of the said officials shall be
secured by the police or law enforcement personnel concerned within five days after the date of the
detention of the persons concerned: Provided, however, That within three days after the detention
the suspects, whose connection with the terror attack or threat is not established, shall be released
immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three
Days. - The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon any police or law enforcement personnel who has apprehended or arrested, detained
and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or suspected person to the proper judicial
authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. - The moment a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or
arrested and detained, he shall forthwith be informed, by the arresting police or law enforcement
officers or by the police or law enforcement officers to whose custody the person concerned is
brought, of his or her right: (a) to be informed of the nature and cause of his arrest, to remain silent
and to have competent and independent counsel preferably of his choice. If the person cannot afford
the services of counsel of his or her choice, the police or law enforcement officers concerned shall
immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the
Public Attorney's Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the
PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal
assistance. These rights cannot be waived except in writing and in the presence of the counsel of
choice; (b) informed of the cause or causes of his detention in the presence of his legal counsel; (c)
allowed to communicate freely with his legal counsel and to confer with them at any time without
restriction; (d) allowed to communicate freely and privately without restrictions with the members of
his family or with his nearest relatives and to be visited by them; and, (e) allowed freely to avail of
the service of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law enforcement
personnel, or any personnel of the police or other law enforcement custodial unit that violates any of
the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.
Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as
stated above is duly identified, the same penalty shall be imposed on the police officer or hear or
leader of the law enforcement unit having custody of the detainee at the time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and its Contents. - The police or other
law enforcement custodial unit in whose care and control the person charged with or suspected of
the crime of terrorism or the crime of conspiracy to commit terrorism has been placed under
custodial arrest and detention shall keep a securely and orderly maintained official logbook, which is
hereby declared as a public document and opened to and made available for .the inspection and
scrutiny of the lawyer or lawyers of the person under custody or any member of his or her family or
relative by consanguinity or affinity within the fourth civil degree or his or her physician at any time of

the day or night without any form of restriction. The logbook shall contain a clear and concise record
of: (a) the name, description, and address of the detained person; (b) the date and exact time of his
initial admission for custodial arrest and detention; (c) the name and address of the physician or
physicians who examined him physically and medically; (d) the state of his health and physical
condition at the time of his initial admission for custodial detention; (e) the date and time of each
removal of the detained person from his cell for interrogation or for any purpose; (f) the date and
time of his return to his cell; (g) the name and address of the physician or physicians who physically
and medically examined him after each interrogation; (h) a summary of the physical and medical
findings on the detained person after each of such interrogation; (i) the names and addresses of his
family members and nearest relatives, if any and if available; (j) the names and addresses of
persons, who visit the detained person; (k) the date and time of each of such visits; (1) the date and
time of each request of the detained person to communicate and confer with his legal counsel or
counsels; (m) the date and time of each visit, and date and time of each departure of his legal
counsel or counsels; and, (n) all other important events bearing on and all relevant details regarding
the treatment of the detained person while under custodial arrest and detention.
The said police or law enforcement custodial unit shall upon demand of the aforementioned lawyer
or lawyers or members of the family or relatives within the fourth civil degree of consanguinity or
affinity of the person under custody or his or her physician issue a certified true copy of the entries of
the logbook relative to the concerned detained person without delay or restriction or requiring any
fees whatsoever including documentary stamp tax, notarial fees, and the like. This certified true copy
may be attested by the person who has custody of the logbook or who allowed the party concerned
to scrutinize it at the time the demand for the certified true copy is made.
The police or other law enforcement custodial unit who fails to comply with the preceding paragraph
to keep an official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years
of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and Interrogation. - No threat, intimidation, or
coercion, and no act which will inflict any form of physical pain or torment, or mental, moral, or
psychological pressure, on the detained person, which shall vitiate his freewill, shall be employed in
his investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit
terrorism; otherwise, the evidence obtained from said detained person resulting from such threat,
intimidation, or coercion, or from such inflicted physical pain or torment, or mental, moral, or
psychological pressure, shall be, in its entirety, absolutely not admissible and usable as evidence in
any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and
Interrogation of a Detained Person. - Any person or persons who use threat, intimidation, or
coercion, or who inflict physical pain or torment, or mental, moral, or psychological pressure, which
shall vitiate the free-will of a charged or suspected person under investigation and interrogation for
the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and
shall suffer the penalty of twelve (12) years and one day to twenty (20) years of imprisonment.
When death or serious permanent disability of said detained person occurs as a consequence of the
use of such threat, intimidation, or coercion, or as a consequence of the infliction on him of such
physical pain or torment, or as a consequence of the infliction on him of such mental, moral, or
psychological pressure, the penalty shall be twelve (12) years and one day to twenty (20) years of
imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and the person
charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted

the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused
to within the municipality or city where he resides or where the case is pending, in the interest of
national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel
outside of said municipality or city, without the authorization of the court, shall be deemed a violation
of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of
Court.
He/she may also be placed under house arrest by order of the court at his or her usual place of
residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the
internet or other means of communications with people outside the residence until otherwise ordered
by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the
dismissal of the case filed against him or earlier upon the discretion of the court on motion of the
prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and
Records. - The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding,
the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after
satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1)
a person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, (2)
of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3)
of a member of such judicially declared and outlawed organization, association, or group of persons,
may authorize in writing any police or law enforcement officer and the members of his/her team duly
authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the
deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b)
gather or cause the gathering of any relevant information about such deposits, placements, trust
accounts, assets, and records from a bank or financial institution. The bank or financial institution
concerned, shall not refuse to allow such examination or to provide the desired information, when
so, ordered by and served with the written order of the Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. - The written order of
the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts,
assets, and records: (1) of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) of any judicially declared and outlawed terrorist organization,
association, or group of persons, or (3) of any member of such organization, association, or group of
persons in a bank or financial institution, and the gathering of any relevant information about the
same from said bank or financial institution, shall only be granted by the authorizing division of the
Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement
official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex parte application, and upon examination
under oath or affirmation of the applicant and, the witnesses he may produce to establish the facts
that will justify the need and urgency of examining and freezing the bank deposits, placements, trust
accounts, assets, and records: (1) of the person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism; (2) of a judicially declared and outlawed terrorist organization,
association or group of persons; or (3) of any member of such organization, association, or group of
persons.
SEC. 29. Classification and Contents of the Court Order Authorizing the Examination of Bank
Deposits, Accounts, and Records. - The written order granted by the authorizing division of the

Court of Appeals as well as its order, if any, to extend or renew the same, the original ex parte
application of the applicant, including his ex parte application to extend or renew, if any, and the
written authorizations of the Anti-Terrorism Council, shall be deemed and are hereby declared as
classified information: Provided, That the person whose bank deposits, placements, trust accounts,
assets, and records have been examined, frozen, sequestered and seized by law enforcement
authorities has the right to be informed of the acts done by the law enforcement authorities in the
premises or to challenge, if he or she intends to do so, the legality of the interference. The written
order of the authorizing division of the Court of Appeals designated to handle cases involving
terrorism shall specify: (a) the identify of the said: (1) person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism; (2) judicially declared and outlawed terrorist
organization, association, or group of persons; and (3) member of such judicially declared and
outlawed organization, association, or group of persons, as the case may be. whose deposits,
placements, trust accounts, assets, and records are to be examined or the information to be
gathered; (b) the identity of the bank or financial Institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c) the identity of the persons who will
conduct the said examination and the gathering of the desired information; and, (d) the length of time
the authorization shall be carried out.
SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on Bank
Deposits, Accounts, and Records. - The authorization issued or granted by the authorizing
division of the Court of Appeals to examine or cause the examination of and to freeze bank deposits,
placements, trust accounts, assets, and records, or to gather information about the same, shall be
effective for the length of time specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written
order of the authorizing division of the Court of Appeals by the applicant police or law enforcement
official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for
another period, which shall not exceed thirty (30) days renewable to another thirty (30) days from the
expiration of the original period: Provided, That the authorizing division of the Court of Appeals is
satisfied that such extension or renewal is in the public interest: and, Provided, further, That the
application for extension or renewal, which must be filed by the original applicant, has been duly
authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for
extension or renewal, the one next in rank to the original applicant among the members of the ream
named in the original written order of the authorizing division of the Court of Appeals shall file the
application for extension or renewal: Provided, That, without prejudice to the liability of the police or
law enforcement personnel under Section 19 hereof, the applicant police or law enforcement official
shall have thirty (30) days after the termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official
shall immediately notify in writing the person subject of the bank examination and freezing of bank
deposits, placements, trust accounts, assets and records. The penalty of ten (10) years and one day
to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement
official who fails to notify in writing the person subject of the bank examination and freezing of bank
deposits, placements, trust accounts, assets and records.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as
defined above shall suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits,
Placements, Trust Accounts, Assets and Records. - All information, data, excerpts, summaries,
notes, memoranda, working sheets, reports, and other documents obtained from the examination of
the bank deposits, placements, trust accounts, assets and records of: (1) a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of persons; or (3) a member of
any such organization, association, or group of persons shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or
within forty-eight (48) hours after the expiration of the extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing division of the Court of
Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by
a joint affidavit of the applicant police or law enforcement official and the persons who actually
conducted the examination of said bank deposits, placements, trust accounts, assets and records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the identifying marks,
numbers, or symbols of the deposits, placements, trust accounts, assets, and records examined; (b)
the identity and address of the bank or financial institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c) the number of bank deposits,
placements, trust accounts, assets, and records discovered, examined, and frozen; (d) the
outstanding balances of each of such deposits, placements, trust accounts, assets; (e) all
information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents,
records examined and placed in the sealed envelope or sealed package deposited with the
authorizing division of the Court of Appeals; (f) the date of the original written authorization granted
by the Anti-Terrorism Council to the applicant to file the ex parte Application to conduct the
examination of the said bank deposits, placements, trust accounts, assets and records, as well as
the date of any extension or renewal of the original written authorization granted by the authorizing
division of the Court of Appeals; and (g) that the items Enumerated were all that were found in the
bank or financial institution examined at the time of the completion of the examination.
The joint affidavit shall also certify under oath that no duplicates or copies of the information, data,
excerpts, summaries, notes, memoranda, working sheets, reports, and documents acquired from the
examination of the bank deposits, placements, trust accounts, assets and records have been made,
or, if made, that all such duplicates and copies are placed in the sealed envelope or sealed package
deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police officer or custodian of the bank data and information
obtained after examination of deposits, placements, trust accounts, assets and records to copy, to
remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in
whole or in part under any pretext whatsoever,
Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not less than six years and one day to twelve (12) years
of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed package and the
contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be
deemed and are hereby declared classified information and the sealed envelope or sealed package
shall not be opened and its contents shall not be divulged, revealed, read, or used as evidence
unless authorized in a written order of the authorizing division of the Court of Appeals, which written
order shall be granted only upon a written application of the Department of Justice filed before the
authorizing division of the Court of Appeals and only upon a showing that the Department of Justice
has been duly authorized in writing by the Anti-Terrorism Council to file the application, with notice in

writing to the party concerned not later than three days before the scheduled opening, to open,
reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as
defined above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. - The written application, with notice in
writing to the party concerned not later than three days of the scheduled opening, to open the sealed
envelope or sealed package shall clearly state the purpose and reason: (a) for opening the sealed
envelope or sealed package; (b) for revealing and disclosing its classified contents; and, (c) for using
the classified information, data, excerpts, summaries, notes, memoranda, working sheets, reports,
and documents as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any information, data, excerpts,
summaries, notes, memoranda, work sheets, reports, or documents acquired from the examination
of the bank deposits, placements, trust accounts, assets and records of: (1) a person charged or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of persons; or (3) a member of
such organization, association, or group of persons, which have been secured in violation of the
provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial
Institution. - Any person, police or law enforcement personnel who examines the deposits,
placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism;
(2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a
member of such organization, association, or group of persons, without being authorized to do so by
the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense, the
penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon
any police or law enforcement personnel, who maliciously obtained an authority from the Court of
Appeals to examine the deposits, placements, trust accounts, assets, or records in a bank or
financial institution of: (1) a person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or
group of persons; or (3) a member of such organization, association, or group of persons: Provided,
That notwithstanding Section 33 of this Act, the party aggrieved by such authorization shall upon
motion duly filed be allowed access to the sealed envelope or sealed package and the contents
thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously
procured said authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. - An
employee, official, or a member of the board of directors of a bank or financial institution, who
refuses to allow the examination of the deposits, placements, trust accounts, assets, and records of:
(1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed organization, association, or group of persons; or (3)
a member of such judicially declared and outlawed organization, association, or group of persons in
said bank or financial institution, when duly served with the written order of the authorizing division of
the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.

SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in
Joint Affidavits. - Any false or untruthful statement or misrepresentation of material fact in the joint
affidavits required respectively in Section 12 and Section 32 of this Act shall constitute a criminal
offense and the affiants shall suffer individually the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and their outstanding balances, placements,
trust accounts, assets, and records in any bank or financial institution, moneys, businesses,
transportation and communication equipment, supplies and other implements, and property of
whatever kind and nature belonging: (1) to any person suspected of or charged before a competent
Regional Trial Court for the crime of terrorism or the crime of conspiracy to commit terrorism; (2) to a
judicially declared and outlawed organization, association, or group of persons; or (3) to a member
of such organization, association, or group of persons shall be seized, sequestered, and frozen in
order to prevent their use, transfer, or conveyance for purposes that are inimical to the safety and
security of the people or injurious to the interest of the State.
The accused or a person suspected of may withdraw such sums as may be reasonably needed by
the monthly needs of his family including the services of his or her counsel and his or her family's
medical needs upon approval of the court. He or she may also use any of his property that is under
seizure or sequestration or frozen because of his/her indictment as a terrorist upon permission of the
court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals
to allow the person accused of the crime of terrorism or of the crime of conspiracy to commit
terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust accounts,
assets and records as may be necessary for the regular sustenance of his/her family or to use any of
his/her property that has been seized, sequestered or frozen for legitimate purposes while his/her
case is pending shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits, Placements, Trust
Accounts, Assets and Records. - The seized, sequestered and frozen bank deposits, placements,
trust accounts, assets and records belonging to a person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism shall be deemed as property held in trust by the bank or
financial institution for such person and the government during the pendency of the investigation of
the person suspected of or during the pendency of the trial of the person charged with any of the
said crimes, as the case may be and their use or disposition while the case is pending shall be
subject to the approval of the court before which the case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements,
Trust Accounts, Assets and Record. - If the person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism is found, after his investigation, to be innocent by the
investigating body, or is acquitted, after his arraignment or his case is dismissed before his
arraignment by a competent court, the seizure, sequestration and freezing of his bank deposits,
placements, trust accounts, assets and records shall forthwith be deemed lifted by the investigating
body or by the competent court, as the case may be, and his bank deposits, placements, trust
accounts, assets and records shall be deemed released from such seizure, sequestration and
freezing, and shall be restored to him without any delay by the bank or financial institution concerned
without any further action on his part. The filing of any appeal on motion for reconsideration shall not
state the release of said funds from seizure, sequestration and freezing.

If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a
final judgment of a competent trial court, his seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records shall be automatically forfeited in favor of the
government.
Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five
hundred thousand pesos (P500.000.00) a day for the period in which his properties, assets or funds
were seized shall be paid to him on the concept of liquidated damages. The amount shall be taken
from the appropriations of the police or law enforcement agency that caused the filing of the
enumerated charges against him/her.
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered
and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any person
who unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records of a person suspected of or charged with
the crime of terrorism or conspiracy to commit terrorism after such suspected person has been found
innocent by the investigating body or after the case against such charged person has been
dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any person who is
responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized,
sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person
suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. - Any public officer who has direct
custody of a detained person or under the provisions of this Act and who by his deliberate act,
misconduct, or inexcusable negligence causes or allows the escape of such detained person shall
be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty
(20) years of imprisonment, if the detained person has already been convicted and sentenced in a
final judgment of a competent court; and (b) six years and one day to twelve (12) years of
imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a
competent court.
SEC. 45. Immunity and Protection of Government Witnesses. - The provisions of Republic Act
No. 6981 (Witness Protection, Security and Benefits Act) to the contrary notwithstanding, the
immunity of government witnesses testifying under this Act shall be governed by Sections 17 and 18
of Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be entitled to
benefits granted to witnesses under said Republic Act No.6981.
SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. - The penalty of ten (10)
years and one day to twelve (12) years of imprisonment shall be imposed upon any person, police or
law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of
Appeals to do so, reveals in any manner or form any classified information under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. The penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be imposed
upon any person who knowingly furnishes false testimony, forged document or spurious evidence in
any investigation or hearing under this Act.

SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to commit terrorism, the judge shall
set the continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so
as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the
Revised Penal Code or any Special Penal Laws. - When a person has been prosecuted under a
provision of this Act, upon a valid complaint or information or other formal charge sufficient in form
and substance to sustain a conviction and after the accused had pleaded to the charge, the acquittal
of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or
felony which is necessarily included in the offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is
accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred
thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty
or arrested without a warrant as a result of such an accusation. The amount of damages shall be
automatically charged against the appropriations of the police agency or the Anti-Terrorism Council
that brought or sanctioned the filing of the charges against the accused. It shall also be released
within fifteen (15) days from the date of the acquittal of the accused. The award of damages
mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or
administrative charges against those responsible for charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the release or refuses to release the
amounts awarded to the individual acquitted of the crime of terrorism as directed in the paragraph
immediately preceding shall suffer the penalty of six months of imprisonment.
If the deductions are less than the amounts due to the detained persons, the amount needed to
complete the compensation shall be taken from the current appropriations for intelligence,
emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law
enforcement agency concerned, the amount shall be automatically included in the appropriations of
the said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and Address of the Informant. - The police or
law enforcement officers to whom the name or a suspect in the crime of terrorism was first revealed
shall record the real name and the specific address of the informant.
The police or law enforcement officials concerned shall report the informant's name and address to
their superior officer who shall transmit the information to the Congressional Oversight Committee or
to the proper court within five days after the suspect was placed under arrest or his properties were
sequestered, seized or frozen.
The name and address of the informant shall be considered confidential and shall not be
unnecessarily revealed until after the proceedings against the suspect shall have been terminated.
SEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I of the Revised Penal
Code shall be applicable to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for brevity, as
the "Council," is hereby created. The members of the Council are: (1) the Executive Secretary, who
shall be its Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the

Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior
and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as its
other members.
The Council shall implement this Act and assume the responsibility for the proper and effective
implementation of the anti-terrorism policy of the country. The Council shall keep records of its
proceedings and decisions. All records of the Council shall be subject to such security classifications
as the Council may, in its judgment and discretion, decide to adopt to safeguard the safety of the
people, the security of the Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council
shall define the powers, duties, and functions of the National Intelligence Coordinating Agency as
Secretariat of the Council. The National Bureau of Investigation, the Bureau of Immigration, the
Office of Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the AntiMoney Laundering Council, the Philippine Center on Transnational Crime, and the Philippine
National Police intelligence and investigative elements shall serve as support agencies for the
Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective antiterrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the country
and to protect the people from acts of terrorism. Nothing herein shall be interpreted to empower the
Anti-Terrorism Council to exercise any judicial or quasi-judicial power or authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate in the previous Section, the Council
shall have the following functions with due regard for the rights of the people as mandated by the
Constitution and pertinent laws:
1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of
terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country
and mobilize the entire nation against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all persons accused or detained for the
crime of terrorism or conspiracy to commit terrorism and other offenses punishable under
this Act, and monitor the progress of their cases;
4. Establish and maintain comprehensive data-base information system on terrorism,
terrorist activities, and counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records
belonging to a person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism, pursuant to Republic Act No. 9160, otherwise known as the Anti-Money
Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital information
leading to the apprehension, arrest, detention, prosecution, and conviction of person or
persons who are liable for the crime of terrorism or conspiracy to commit terrorism;
7. Establish and maintain coordination with and the cooperation and assistance of other
nations in the struggle against international terrorism; and

8. Request the Supreme Court to designate specific divisions of the Court of Appeals and
Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to
handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all
matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors
from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila; (b) from
the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed
in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. - The Commission on Human Rights shall
give the highest priority to the investigation and prosecution of violations of civil and political rights of
persons in relation to the implementation of this Act; and for this purpose, the Commission shall have
the concurrent jurisdiction to prosecute public officials, law enforcers, and other persons who may
have violated the civil and political rights of persons suspected of, or detained for the crime of
terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. - There is hereby created a Grievance Committee
composed of the Ombudsman, as chair, and the Solicitor General, and an undersecretary from the
Department of Justice (DOJ), as members, to receive and evaluate complaints against the
actuations of the police and law enforcement officials in the implementation of this Act. The
Committee shall hold office in Manila. The Committee shall have three subcommittees that will be
respectively headed by the Deputy Ombudsmen in Luzon, the Visayas and Mindanao. The
subcommittees shall respectively hold office at the Offices of Deputy Ombudsman. Three Assistant
Solicitors General designated by the Solicitor General, and the regional prosecutors of the DOJ
assigned to the regions where the Deputy Ombudsmen hold office shall be members thereof. The
three subcommittees shall assist the Grievance Committee in receiving, investigating and evaluating
complaints against the police and other law enforcement officers in the implementation of this Act. If
the evidence warrants it, they may file the appropriate cases against the erring police and law
enforcement officers. Unless seasonably disowned or denounced by the complainants, decisions or
judgments in the said cases shall preclude the filing of other cases based on the same cause or
causes of action as those that were filed with the Grievance Committee or its branches.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or convicted of the crime of
terrorism shall be subjected to extraordinary rendition to any country unless his or her testimony is
needed for terrorist related police investigations or judicial trials in the said country and unless his or
her human rights, including the right against torture, and right to counsel, are officially assured by the
requesting country and transmitted accordingly and approved by the Department of Justice.
SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of an existing treaty of
which the Philippines is a signatory and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply: (1) to individual persons who commit any of the
crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone,
and airspace of the Philippines; (2) to individual persons who, although physically outside the
territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and
punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who,
although physically outside the territorial limits of the Philippines, commit any of the said crimes on
board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes
within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity; (5) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of
Philippines descent, where their citizenship or ethnicity was a factor in the commission of the crime;
and (6) to individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.

SEC. 59. Joint Oversight Committee. - There is hereby created a Joint Oversight Committee to
oversee the implementation of this Act. The Oversight Committee shall be composed of five
members each from the Senate and the House in addition to the Chairs of the Committees of Public
Order of both Houses who shall also Chair the Oversight Committee in the order specified herein.
The membership of the Committee for every House shall at least have two opposition or minority
members. The Joint Oversight Committee shall have its own independent counsel. The Chair of the
Committee shall rotate every six months with the Senate chairing it for the first six months and the
House for the next six months. In every case, the ranking opposition or minority member of the
Committee shall be the Vice Chair. Upon the expiration of one year after this Act is approved by the
President, the Committee shall review the Act particularly the provision that authorize the
surveillance of suspects of or persons charged with the crime of terrorism. To that end, the
Committee shall summon the police and law enforcement officers and the members of the AntiTerrorism Council and require them to answer questions from the members of Congress and to
submit a written report of the acts they have done in the implementation of the law including the
manner in which the persons suspected of or charged with the crime of terrorism have been dealt
with in their custody and from the date when the movements of the latter were subjected to
surveillance and his or her correspondences, messages, conversations and the like were listened to
or subjected to monitoring, recording and tapping. Without prejudice to its submitting other reports,
the Committee shall render a semiannual report to both Houses of Congress. The report may
include where necessary a recommendation to reassess the effects of globalization on terrorist
activities on the people, provide a sunset clause to or amend any portion of the Act or to repeal the
Act in its entirety. The courts dealing with anti-terrorism cases shall submit to Congress and the
President a report every six months of the status of anti-terrorism cases that have been filed with
them starting from the date this Act is implemented.
SEC. 60. Separability Clause. - If for any reason any part or provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.
SEC. 61. Repealing Clause. - All laws, decrees, executive orders, rules or regulations or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.
SEC. 62. Special Effectivity Clause. - After the bill shall have been signed into law by the
President, the Act shall be published in three newspapers of national circulation; three newspapers
of local circulation, one each in llocos Norte, Baguio City and Pampanga; three newspapers of local
circulation, one each in Cebu, lloilo and Tacloban; and three newspapers of local circulation, one
each in Cagayan de Oro, Davao and General Santos city.
The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired
everyday at primetime for seven days, morning, noon and night over three national television and
radio networks; three radio and television networks, one each in Cebu, Tacloban and lloilo; and in
five radio and television networks, one each in Lanao del Sur, Cagayan de Oro, Davao City,
Cotabato City and Zamboanga City. The publication in the newspapers of local circulation and the
announcements over local radio and television networks shall be done in the dominant language of
the community. After the publication required above shall have been done, the Act shall take effect
two months after the elections are held in May 2007. Thereafter, the provisions of this Act shall be
automatically suspended one month before and two months as after the holding of any election.

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING

TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human rights;
(b) To ensure that the human rights of all persons, including suspects, detainees and
prisoners are respected at all times; and that no person placed under investigation or held in
custody of any person in authority or, agent of a person authority shall be subjected to
physical, psychological or mental harm, force, violence, threat or intimidation or any act that
impairs his/her free wi11 or in any manner demeans or degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various international
instruments to which the Philippines is a State party such as, but not limited to, the
International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of
the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); and all other relevant international human rights
instruments to which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third
person information or a confession; punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or coercing him/her or a third
person; or for any reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not include pain or Buffering arising only
from, inherent in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by
a person in authority or agent of a person in authority against a person under his/her
custody, which attains a level of severity causing suffering, gross humiliation or debasement
to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as a
result of any act(s) of torture, or other cruel, inhuman and degrading treatment or
punishment.

(d) "Order of Battle" refers to any document or determination made by the military, police or
any law enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and that it considers as legitimate
targets as combatants that it could deal with, through the use of means allowed by domestic
and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the
following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or
agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or
rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta
and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing
of pepper or other chemical substances on mucous membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia,
ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or
will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental
competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent
of a person in authority which are calculated to affect or confuse the mind and/or undermine
a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or
any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her
will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman
or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment
not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the treatment or punishment,
its physical and mental effects and, in some cases, the sex, religion, age and state of health of the
victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war,

internal political instability, or any other public emergency, or a document or any determination
comprising an "order of battle" shall not and can never be invoked as a justification for torture and
other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or
other similar forms of detention, where torture may be carried out with impunity. Are hereby
prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and
other law enforcement. agencies concerned shall make an updated list of all detention centers and
facilities under their respective jurisdictions with the corresponding data on the prisoners or
detainees incarcerated or detained therein such as, among others, names, date of arrest and
incarceration, and the crime or offense committed. This list shall be made available to the public at
all times, with a copy of the complete list available at the respective national headquarters of the
PNP and AFP. A copy of the complete list shall likewise be submitted by the PNP, AFP and all other
law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first five (5) days of every month at the minimum. Every
regional office of the PNP, AFP and other law enforcement agencies shall also maintain a similar list
far all detainees and detention facilities within their respective areas, and shall make the same
available to the public at all times at their respective regional headquarters, and submit a copy.
updated in the same manner provided above, to the respective regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or
statement obtained as a result of torture shall be inadmissible in evidence in any proceedings,
except if the same is used as evidence against a person or persons accused of committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture
shall have the following rights in the institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and by agencies of
government concerned such as the Department of Justice (DOJ), the Public Attorney's Office
(PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A prompt
investigation shall mean a maximum period of sixty (60) working days from the time a
complaint for torture is filed within which an investigation report and/or resolution shall be
completed and made available. An appeal whenever available shall be resolved within the
same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment; threat and/or
intimidation as a consequence of the filing of said complaint or the presentation of evidence
therefor. In which case, the State through its appropriate agencies shall afford security in
order to ensure his/her safety and all other persons involved in the investigation and
prosecution such as, but not limited to, his/her lawyer, witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents
evidence in any fora in order to avoid further trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data
proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading and inhuman
treatment or punishment shall be disposed of expeditiously and any order of release by virtue
thereof, or other appropriate order of a court relative thereto, shall be executed or complied with
immediately.

Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance
in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and
other cruel, inhuman and degrading treatment or punishment, or for any interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human Rights
Action Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations
(NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after
interrogation, every person arrested, detained or under custodial investigation shall have the right to
he informed of his/her right to demand physical examination by an independent and competent
doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she
shall he provided by the State with a competent and independent doctor to conduct physical
examination. The State shall endeavor to provide the victim with psychological evaluation if available
under the circumstances. If the person arrested is a female, she shall be attended to preferably by a
female doctor. Furthermore, any person arrested, detained or under custodial investigation, including
his/her immediate family, shall have the right to immediate access to proper and adequate medical
treatment. The physical examination and/or psychological evaluation of the victim shall be contained
in a medical report, duly signed by the attending physician, which shall include in detail his/her
medical history and findings, and which shall he attached to the custodial investigation report. Such
report shall be considered a public document.
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological
and mental examinations, the medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical,
psychological and mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or
trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were
sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and
voluntarily waive such rights in writing, executed in the presence and assistance of his/her counsel.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in
the commission of torture or other cruel, inhuman and degrading treatment or punishment or who
cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable as principal

Any superior military, police or law enforcement officer or senior government official who issued an
order to any lower ranking personnel to commit torture for whatever purpose shall be held equally
liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime
of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission,
or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or,
owing to the circumstances at the time, should have known that acts of torture or other cruel,
inhuman and degrading treatment or punishment shall be committed, is being committed, or has
been committed by his/her subordinates or by others within his/her area of responsibility and,
despite such knowledge, did not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to prevent or investigate allegations
of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or
investigate allegations of such act, whether deliberately or due to negligence shall also be liable as
principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or punishment is being committed and without having
participated therein, either as principal or accomplice, takes part subsequent to its commission in
any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act
of torture or other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or instruments thereof in order to prevent its
discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the
act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That
the accessory acts are done with the abuse of the official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the
perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the
victim shall have become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit any act of
torture resulting in psychological, mental and emotional harm other than those described 1n
paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost the power of speech or the power to hear
or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the
use of any such member; Or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in
consequence of torture, the victim shall have become deformed or shall have lost any part of
his/her body other than those aforecited, or shall have lost the use thereof, or shall have
been ill or incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum
period shall be imposed if, in consequence of torture, the victim shall have been ill or
incapacitated for labor for mare than thirty (30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if,
in consequence of torture, the victim shall have been ill or incapacitated for labor for thirty
(30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate
and maintain secret detention places and/or effect or cause to effect solitary confinement,
incommunicado or other similar forms of prohibited detention as provided in Section 7 of this
Act where torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel
of the AFP, the PNP and other law enforcement agencies for failure to perform his/her duty to
maintain, submit or make available to the public an updated list of detention centers and
facilities with the corresponding data on the prisoners or detainees incarcerated or detained
therein, pursuant to Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or
shall not be absorbed by any other crime or felony committed as a consequence, or as a means in
the conduct or commission thereof. In which case, torture shall be treated as a separate and
independent criminal act whose penalties shall be imposable without prejudice to any other criminal
liability provided for by domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the
crime of torture, persons who have committed any act of torture shall not benefit from any special
amnesty law or similar measures that will have the effect of exempting them from any criminal
proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another
State where there are substantial grounds to believe that such person shall be in danger of being
subjected to torture. For the purposes of determining whether such grounds exist, the Secretary of
the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the

Chairperson of the CHR, shall take into account all relevant considerations including, where
applicable and not limited to, the existence in the requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have
the right to claim for compensation as provided for under Republic Act No. 7309: Provided, That in
no case shall compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture
shall also have the right to claim for compensation from such other financial relief programs that may
be made available to him/her under existing law and rules and regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this
Act, the Department of Social Welfare and Development (DSWD), the DOJ and the Department of
Health (DOH) and such other concerned government agencies, and human rights organizations
shall formulate a comprehensive rehabilitation program for victims of torture and their families. The
DSWD, the DOJ and thc DOH shall also call on human rights nongovernment organizations duly
recognized by the government to actively participate in the formulation of such program that shall
provide for the physical, mental, social, psychological healing and development of victims of torture
and their families. Toward the attainment of restorative justice, a parallel rehabilitation program for
persons who have committed torture and other cruel, inhuman and degrading punishment shall
likewise be formulated by the same agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to
periodically oversee the implementation of this Act. The Committee shall be headed by a
Commissioner of the CRR, with the following as members: the Chairperson of the Senate
Committee on Justice and Human Rights, the respective Chairpersons of the House of
Representatives' Committees on Justice and Human Rights, and the Minority Leaders of both
houses or their respective representatives in the minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National
Defense (DND), the Department of the Interior and Local Government (DILG) and such other
concerned parties in both the public and private sectors shall ensure that education and information
regarding prohibition against torture and other cruel, inhuman and degrading treatment or
punishment shall be fully included in the training of law enforcement personnel, civil or military,
medical personnel, public officials and other persons who may be involved in the custody,
interrogation or treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED) and the Commission on Higher Education
(CHED) shall also ensure the integration of human rights education courses in all primary, secondary
and tertiary level academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code
insofar as they are applicable shall be suppletory to this Act. Moreover, if the commission of any
crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against
Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts constituting
torture and other cruel, inhuman and degrading treatment or punishment as defined herein, the
penalty to be imposed shall be in its maximum period.
Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial implementation of tills Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

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

REPUBLIC ACT NO. 9149

July 31, 2001

AN ACT GRANTING THE H. E. BALDO, INCORPORATED A FRANCHISE TO CONSTRUCT,

INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO COMMUNICATIONS STATIONS FOR
THE TRANSMISSION AND RECEPTION OF RADIO TELEPHONE COMMUNICATIONS WITHIN
AND OUTSIDE THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Nature and Scope of Franchise. - Subject to the provisions of the Constitution and
applicable laws, rules and regulations, there is hereby granted to H. E. Baldo Incorporated,
hereunder referred to as the grantee, its successors or assigns, a franchise to construct, install,
establish, operate and maintain for commercial purposes and in the public interest, radio
communications in the Philippines for the reception and transmission of messages in international
and domestic public fixed point-to-point and public based, aeronautical and land mobile stations,
including coastal marine service, with the corresponding relay stations for the reception and
transmission of messages on radiotelegraphy and/or radiotelephony, radioteletype, radiophoto,
facsimile and such other types of emissions within the Philippines and with vessels at sea and
aircraft over the air, irrespective of whether such vessels and aircraft are within and outside the
Philippines.
Section 2. Manner of Operation of Stations or Facilities. - The stations or facilities of the grantee
shall be constructed and operated in a manner as will, at most, result only in the minimum
interference on the wavelengths or frequencies of existing stations or other stations which may be
established by law, without in any way diminishing its own right to use its selected wavelengths or
frequencies and the quality of transmission or reception thereon as should maximize rendition of the
grantee's services and/or the availability thereof.
Section 3. Authority of the National Telecommunications Commission. - The grantee shall secure
from the National Telecommunications Commission (NTC), hereinafter referred to as the
Commission, a certificate of public convenience and necessity or the appropriate permits and
licenses for the construction, installation and operation of its telecommunications systems/facilities.
In issuing the certificate, the Commission shall have the power to impose such conditions relative to

the construction, operation, maintenance, or service level of the telecommunications system. The
Commission shall have the authority to regulate the construction and operation of its
telecommunications systems. The grantee shall not use any frequency in the radio spectrum without
having been authorized by the Commission. Such certificate shall state the areas covered and the
date the grantee shall commence the service. The Commission, however, shall not unreasonably
withhold or delay the grant of any such authority, permits or licenses.
Section 4. Ingress and Egress. - For the purpose of erecting, and maintaining poles or other
supports for said wires or other conductors for the purpose of laying and maintaining underground
wires, cables or other conductors, it shall be lawful for the grantee, its successors or assigns, with
the prior approval of the Department of Public Works and Highways (DPWH), to make excavations
or lay conduits in any of the public places, highways, streets, lanes, alleys, avenues, sidewalks or
bridges of said provinces, cities and/ or municipalities: Provided, however, That a public place,
highway, street, lane, alley, avenue, sidewalk or bridge disturbed, altered or changed by reason of
the erection of poles or other supports or the underground laying of wires, other conductors or
conduits, shall be repaired and replaced in a workmanlike manner by said grantee, its successors or
assigns, in accordance with the standards set by the DPWH. Should the grantee, its successors or
assigns, after the ten days notice from the said authority, fail, refuse or neglect to repair or replace
any part of public place, road, highway, street, lane, alley, avenue, sidewalk or bridge altered,
changed or disturbed by said grantee, its successors or assigns, then the DPWH shall have the right
to have the same repaired and placed in good order and condition at double expense to be charged
against the grantee, its successors or assigns.
Section 5. Responsibility to the Public. - The grantee shall conform to the ethics of honest enterprise
and shall not use its stations/facilities for obscene or indecent transmission or for dissemination of
deliberately false information or willful misrepresentation, or assist in subversive or treasonable acts.
The grantee shall provide basic or enhanced telephone service in any municipality in the Philippines
where it has an approved certificate of public convenience and necessity for the establishment,
operation and maintenance of a local exchange service, without discrimination to any applicant
therefor, in the order of the date of their applications, up to the limit of the capacity of its local
telephone exchange, and should the demand for the telephone service at any time increase beyond
the capacity thereof, the grantee shall increase the same to meet such demand: Provided,That in
case the total demand to be satisfied by the expansion is less than the smallest viable local
exchange available in the market as determined by the Commission, the grantee shall not be obliged
to furnish such service, unless the applicant for telephone service defrays the actual expenses for
the installation of the telecommunication apparatus necessary for such services and in such case,
the Commission may extend the time within which the grantee shall furnish such service.
The grantee shall operate and maintain all its stations, lines, cables, systems, and equipment for the
transmission and reception of messages, signals and pulses in a satisfactory manner at all times,
and as far as economical and practicable, modify, improve or change such stations, lines, cables,
systems, and equipment to keep abreast with the advances in science and technology.
Section 6. Rates for Services. - The charges and rates for telecommunications services of the
grantee, except the rates and charges on those that may hereafter be declared or considered as
nonregulated services, whether flat rates or measured rates or variation thereof, shall be subject to
the approval of the Commission or its legal successor. The rates to be charged by the grantee shall
be unbundled, separable and distinct among the services offered and shall be determined in such a
manner that regulated services do not subsidize the unregulated ones.

Section 7. Right of Government. - A special right is hereby reserved to the President of the
Philippines, in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of
peace and order, to temporarily take over and operate the stations, transmitters, facilities or
equipment of the grantee, to temporarily suspend the operation of any station, transmitter, facility or
equipment in the interest of public safety, security and public welfare, or to authorize the temporary
use and operation thereof by any agency of the government, upon due compensation to the grantee
for the use of said stations, transmitters, facilities or equipment during the period when they shall be
so operated.
The radio spectrum is a finite resource that is part of the national patrimony and the use thereof is a
privilege conferred upon the grantee by the State and may be withdrawn anytime, after due process.
Section 8. Term of Franchise. - This franchise shall be for a term of twenty-five (25) years from the
date of effectivity of this Act, unless sooner revoked or cancelled. This franchise shall be deemed
ipso facto revoked in the event the grantee fails to comply with any of the following conditions:
(a)Commence operations within three (3) years from the approval of its operating permit or
provisional authority by the NTC;
(b)Operate continuously for two (2) years; and
(c)Commence operations within five (5) years from the effectivity of this Act.
Section 9. Acceptance and Compliance. - Acceptance of this franchise shall be given in writing
within sixty (60) days from the effectivity of this Act. Upon giving such acceptance, the grantee shall
exercise the privileges granted under this Act. Nonacceptance shall render the franchise void.
Section 10. Bond. - The grantee shall file a bond issued in favor of the NTC, which shall determine
the amount, to guarantee the compliance with and fulfillment of the conditions under which this
franchise is granted. If, after five (5) years from the date of the approval of its permit by the
Commission, the grantee shall have fulfilled the same, the bond shall be cancelled by the
Commission. Otherwise, the bond shall be forfeited in favor of the government and the franchise
ipso facto revoked.
Section 11. Right of Interconnection. - The grantee is hereby authorized to connect or demand
connection of its telecommunications systems to any other telecommunications systems installed,
maintained and operated by any other duly authorized person or entity in the Philippines for the
purpose of providing extended and improved telecommunications services to the public, under such
terms and conditions mutually agreed upon by the parties concerned and the same shall be subject
to the review or modification of the Commission.
Section 12. Tax Provisions. - The grantee, its successors or assigns, shall be subject to the
payment of all taxes, duties, fees or charges and other impositions under the National Internal
Revenue Code (NIRC) of 1997, as amended, and other applicable laws: Provided, That nothing
herein shall be construed as repealing any specific tax exemptions, incentives, or privileges granted
under any relevant law: Provided, further, That all rights, privileges, benefits and exemptions
accorded to existing and future telecommunications franchises shall likewise be extended to the
grantee.
The grantee shall file the return with the city or province where its facility is located and pay the
taxes due thereon to the Commissioner of Internal Revenue or his duly authorized representatives in

accordance with the NIRC and the return shall be subject to audit by the Bureau of Internal
Revenue.
Section 13. Gross Receipts.- The grantee, its successors or assigns, shall keep a separate account
of the gross receipts of the business transacted by it and shall furnish the Commission on Audit
(COA) and the National Treasury a copy of such account not later than the thirty-first (31st) day of
January of each year for the preceding twelve (12) months.
Section 14. Books and Accounts. - The books and accounts of the grantee, its successors or
assigns, shall always be open to the inspection of the Commissioner on Audit or his authorized
representatives and it shall be the duty of the grantee to submit to the COA two (2) copies of the
quarterly reports on the gross receipts, the net profits and the general condition of the business.
Section 15. Warranty in Favor of National and Local Governments.- The grantee shall hold the
national, provincial, city and municipal governments of the Philippines harmless from all claims,
accounts, demands or actions arising out of accidents or injuries, whether to property or to persons,
caused by the construction or operation of the stations, transmitters, facilities and equipment of the
grantee.
Section 16. Sale, Lease, Transfer, Usufruct, etc. - The grantee shall not lease, transfer, grant the
usufruct of, sell nor assign this franchise or the rights and privileges acquired thereunder to any
person, firm, company, corporation or other commercial or legal entity, nor merge with any other
corporation or entity, nor shall the controlling interest of the grantee be transferred, whether as a
whole or in parts and whether simultaneously or contemporaneously, to any such person, firm,
company, corporation or entity without the prior approval of the Congress of the Philippines. Any
person or entity to which this franchise is sold, transferred or assigned, shall be subject to the same
conditions, terms, restrictions and limitations of this Act.
Section 17. Dispersal of Ownership. - In accordance with the constitutional provision to encourage
public participation in public utilities, the grantee shall offer at least thirty percentum (30%) of its
outstanding capital stock or a higher percentage that may hereafter be provided by law in any
securities exchange in the Philippines within five (5) years from the commencement of its operations.
Noncompliance therewith shall render the franchise ipso facto revoked.
Section 18. Equality Clause. - Any advantage, favor, privilege, exemption, or immunity granted
under existing franchises, or may hereafter be granted, shall ipso facto become part of previously
granted telecommunications franchises and shall be accorded immediately and unconditionally to
the grantees of such franchises: Provided, however, That the foregoing shall neither apply to nor
affect provisions of telecommunications franchises concerning territory covered by the franchise, the
life span of the franchise, or the type of service authorized by the franchise.
Section 19. Separability Clause.- If any of the sections or provisions of this Act is held invalid, all the
other provisions not affected thereby shall remain valid.
Section 20. Repealability and Nonexclusivity Clause. - This franchise shall be subject to
amendment, alteration, or repeal by the Congress of the Philippines when the public interest so
requires and shall not be interpreted as an exclusive grant of the privileges herein provided for.
Section 21. Reportorial Requirement. - The grantee shall submit an annual report to the Congress of
the Philippines on its compliance with the terms and conditions of the franchise and on its operations
within sixty (60) days from the end of every year.

Section 22. Effectivity Clause.- This Act shall take effect fifteen (15) days from the date of its
publication, upon the initiative of the grantee, in at least two (2) newspapers of general circulation in
the Philippines.

PRESIDENTIAL DECREE No. 1602

PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised Penal Code (Forms
of Gambling and Betting), R.A. 3063 (Horse racing Bookies), P.D. 449 (Cockfighting), P.D. 483
(Game Fixing), P.D. 510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the Ministry of
Justice, P.D. 1306 (Jai-Alai Bookies) and other City and Municipal Ordinances or gambling all over
the country prescribe penalties which are inadequate to discourage or stamp out this pernicious
activities;
WHEREAS, there is now a need to increase their penalties to make them more effective in
combating this social menace which dissipate the energy and resources of our people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. Penalties. The following penalties are hereby imposed:
(a) The penalty of prison correccional in its medium period of a fine ranging from one
thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its
medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed
upon:
1. Any person other than those referred to in the succeeding sub-sections who in any
manner, shall directly or indirectly take part in any illegal or unauthorized activities or
games of cockfighting, jueteng, jai alai or horse racing to include bookie operations
and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang
and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que,
high and low, mahjong, domino and other games using plastic tiles and the likes; slot
machines, roulette, pinball and other mechanical contraptions and devices; dog
racing, boat racing, car racing and other forms of races, basketball, boxing,
volleyball, bowling, pingpong and other forms of individual or team contests to
include game fixing, point shaving and other machinations; banking or percentage
game, or any other game scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subparagraph to be carried on in inhabited or uninhabited place or in any
building, vessel or other means of transportation owned or controlled by him. If the
place where gambling is carried on has a reputation of a gambling place or that
prohibited gambling is frequently carried on therein, or the place is a public or
government building or barangay hall, the malfactor shall be punished by prision
correccional in its maximum period and a fine of six thousand pesos.

(b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos
shall be imposed upon the maintainer or conductor of the above gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute disqualification
or a fine of six thousand pesos shall be imposed if the maintainer, conductor or banker of
said gambling schemes is a government official, or where such government official is the
player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and
machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from four
hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and
without lawful purpose in any hour of any day, possess any lottery list, paper or other matter
containing letters, figures, signs or symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and
numbers which have taken place or about to take place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay
official who, with knowledge of the existence of a gambling house or place in his jurisdiction
fails to abate the same or take action in connection therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging from five
hundred pesos to two thousand pesos shall be imposed upon any security officer, security
guard, watchman, private or house detective of hotels, villages, buildings, enclosures and
the like which have the reputation of a gambling place or where gambling activities are being
held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the arrest
and final conviction of the malfactor shall be rewarded twenty percent of the cash money or articles
of value confiscated or forfeited in favor of the government.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as amended,
Republic Act No. 3063, Presidential Decrees Numbered 483, 449, 510 and 1306, letters of
instructions, laws, executive orders, rules and regulations, city and municipal ordinances which are
inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect immediately upon publication at least once in a
newspaper of general circulation.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.

Republic Act No. 9287

April 2, 2004

AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES, AMENDING

CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO. 1602, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Declaration of Policy. - It is the policy of the State to promote a just and dynamic social
order that will ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all. It is likewise the policy of the State that the
promotion of social justice shall include the commitment to create economic opportunities based on
freedom of initiative and self-reliance.
Hence, the State hereby condemns the existence of illegal gambling activities such as illegal
numbers games as this has become an influential factor in an individual's disregard for the value of
dignified work, perseverance and thrift since instant monetary gains from it are being equated to
success, thereby becoming a widespread social menace and a source of corruption.
Towards this end, the State shall therefore adopt more stringent measures to stop and eradicate the
existence of illegal numbers games in any part of the country.
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling activity which uses numbers or
combinations thereof as factors in giving out jackpots.
b) Jueteng. - An illegal numbers game that involves the combination of thirty-seven (37)
numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37) or the
combination of thirty-eight (38) numbers in some areas, serving as a form of local lottery
where bets are placed and accepted per combination, and its variants.
c) Masiao. - An illegal numbers game where the winning combination is derived from the
results of the last game of Jai Alai or the Special Llave portion or any result thereof based on
any fictitious Jai Alai game consisting of ten (10) players pitted against one another, and its
variants.
d) Last Two. - An illegal numbers game where the winning combination is derived from the
last two (2) numbers of the first prize of the winning Sweepstakes ticket which comes out
during the weekly draw of the Philippine Charity Sweepstakes Office (PCSO), and its
variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places bets for
himself/herself or in behalf of another person, or any person, other than the personnel or
staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in the
interest of the maintainer, manager or operator, such as, but not limited to, an accountant,
cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel
performing such similar functions in a building structure, vessel, vehicle, or any other place
where an illegal numbers game is operated or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). - Any person who
collects, solicits or produces bets in behalf of his/her principal for any illegal numbers game
who is usually in possession of gambling paraphernalia.
h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). - Any person who
exercises control and supervision over the collector or agent.

i) Maintainer, Manager or Operator. - Any person who maintains, manages or operates any
illegal number game in a specific area from whom the coordinator, controller or supervisor,
and collector or agent take orders.
j) Financiers or Capitalist. - Any person who finances the operations of any illegal numbers
game.
k) Protector or Coddler. - Any person who lends or provides protection, or receives benefits
in any manner in the operation of any illegal numbers game.
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer the
following penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts
as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such
person acts as a personnel or staff of an illegal numbers game operation;
The same penalty shall likewise be imposed to any person who allows his vehicle, house,
building or land to be used in the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years, if such
person acts as a collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if
such person acts as a coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen
(14) years, if such person acts as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16)
years, if such person acts as a financier or capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years,
if such person acts as protector or coddler.
Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of any gambling
paraphernalia and other materials used in the illegal numbers game operation shall be deemed
prima facie evidence of any offense covered by this Act.
Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the collector, agent,
coordinator, controller, supervisor, maintainer, manager, operator, financier or capitalist of any illegal
numbers game is a government employee and/or public official, whether elected or appointed shall
suffer the penalty of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
Three million pesos (P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual absolute
disqualification from public office.
In addition to the penalty provided in the immediately preceding section, the accessory penalty of
perpetual disqualification from public office shall be imposed upon any local government official who,

having knowledge of the existence of the operation of any illegal numbers game in his/her
jurisdiction, fails to abate or to take action, or tolerates the same in connection therewith.
b) In the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer
shall suffer an administrative penalty of suspension or dismissal, as the case may be, to be imposed
by the appropriate authority.
Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from six (6) months and one (1)
day to one (1) year or fine ranging from One hundred thousand pesos (P100,000.00) to Four
hundred thousand pesos (P400,000.00) shall be imposed upon any parent, guardian or person
exercising moral authority or ascendancy over a minor, ward or incapacitated person, and not
otherwise falling under any of the foregoing subsections, who induces or causes such minor, ward or
incapacitated person to commit any of the offenses punishable in this Act. Upon conviction, the
parent, guardian or person exercising moral authority or ascendancy over the minor, ward or
incapacitated person shall be deprived of his/her authority over such person in addition to the
penalty imposed.
Sec. 7. Recidivism. - The penalty next higher in degree as provided for under Section 3 hereof shall
be imposed upon a recidivist who commits any of the offenses punishable in this Act.
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the government or
provides evidence in a criminal case involving any violation of this Act, or who voluntarily or by virtue
of a subpoena testificandum or duces tecum, produces, identifies, or gives testimony shall be
immune from any criminal prosecution, subject to the compliance with the provisions of Presidential
Decree No. 1732, otherwise known as Decree Providing Immunity from Criminal Prosecution to
Government Witnesses and the pertinent provisions of the Rules of Court.
Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person may be charged with or
convicted of the offenses covered by this Act without prejudice to the prosecution of any act or acts
penalized under the Revised Penal Code or existing laws.
During the pendency of the case, no property or income used or derived therefrom which may be
confiscated and forfeited shall be disposed, alienated or transferred and the same shall be
in custodia legis and no bond shall be admitted for the release of the same.
The trial prosecutors shall avail of provisional remedies provided for under the Revised Rules on
Criminal Procedure.
Upon conviction, all proceeds, gambling paraphernalia and other instruments of the crime including
any real or personal property used in any illegal numbers game operation shall be confiscated and
forfeited in favor of the State. All assets and properties of the accused either owned or held by
him/her in his/her name or in the name of another person found to be manifestly out of proportion to
his/her lawful income shall be prima facie presumed to be proceeds of the offense and shall likewise
be confiscated and forfeited in favor of the State.
Sec. 10. Witness Protection. - Any person who provides material information, whether testimonial or
documentary, necessary for the investigation or prosecution of individuals committing any of the
offenses under Sections 3, 4, 5 and 6 herein shall be placed under the Witness Protection Program
pursuant to Republic Act. No. 6981.

Sec. 11. Informer's Reward. - Any person who, having knowledge or information of any offense
committed under this Act and who shall disclose the same which may lead to the arrest and final
conviction of the offender, may be rewarded a certain percentage of the cash money or articles of
value confiscated or forfeited in favor of the government, which shall be determined through a policy
guideline promulgated by the Department of Justice (DOJ) in coordination with the Department of
Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM).
The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and incentives for
law enforcement officers and for local government official for the effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act,
the DILG, DOJ, NAPOLCOM, and other concerned government agencies shall jointly promulgate the
implementing rules and regulations, as may be necessary to ensure the efficient and effective
implementation of the provisions of this Act.
Sec. 13. Separability Clause. - If for any reason any section or provision of this Act, or any portion
thereof, or the application of such section, provision or portion thereof to any person, group or
circumstance is declared invalid or unconstitutional, the remaining provisions of this Act shall not be
affected by such declaration and shall remain in force and effect.
Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential Decree No. 1602, in so far as
they are inconsistent herewith, are hereby expressly amended or modified accordingly.
Sec. 15. Repealing Clause. - The provisions of other laws, decrees, executive orders, rules and
regulations inconsistent with this Act are hereby repealed, amended or modified accordingly.
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.
Republic Act No. 9208

May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY

WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES
FOR ITS VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 2. Declaration of Policy. It is hereby declared that the State values the dignity of every
human person and guarantees the respect of individual rights. In pursuit of this policy, the State shall
give highest priority to the enactment of measures and development of programs that will promote
human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary migration and servitude of persons, not only to
support trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women and men
as enshrined in the United Nations Universal Declaration on Human Rights, United Nations

Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant
Workers and their Families. United Nations Convention Against Transnational Organized Crime
Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children and all other relevant and universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) 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.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money, profit
or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort
and sexual services as enticement for tourists. This includes sexual services and practices
offered during rest and recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of
pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's
vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor
or those of a person under his/her control as security or payment for a debt, when the length
and nature of services is not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a person

engaged in real or simulated explicit sexual activities or any representation of the sexual
parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section
20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography or
sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs
of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which issues
these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,

publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda material
that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents
or belongings of trafficked persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of
a person held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court personnel and medical

practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked
person and the accused. Towards this end, law enforcement officers, prosecutors and judges to
whom the complaint has been referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or of the accused, or any other information tending to establish their identities and
such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any
editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in
case of television and radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or information technology to cause publicity of any case of
trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of
any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal
guardian may file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense
was committed, or where any of its elements occurred, or where the trafficked person actually
resides at the time of the commission of the offense: Provided, That the court where the criminal
action is first filed shall acquire jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established
for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20) years and a fine of not less than One million
pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more
than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any
juridical person, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commission of the crime or who shall
have knowingly permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association, religious group, tour or travel agent,
club or establishment, or any place of entertainment shall be cancelled and revoked

permanently. The owner, president, partner or manager thereof shall not be allowed to
operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence
and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment
agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall likewise
be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked
persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the court
and a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to
the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil
action for the recovery of civil damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in
Persons. - In addition to the penalty imposed for the violation of this Act, the court shall order the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived
from the commission of the crime, unless they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for damages shall be taken from the personal and
separate properties of the offender; Provided, further, That if such properties are insufficient, the
balance shall be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in
value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or

it has been concealed, removed, converted or transferred to prevent the same from being found or
to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value
of the proceeds, property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited
and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and
managed by the Council to be used exclusively for programs that will prevent acts of trafficking and
protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs
shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a data
collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government
agencies and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building
amongst the public, the academe, government, NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish and
implement preventive, protective and rehabilitative programs for trafficked persons. For this purpose,
the following agencies are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities
overseas for trafficked persons regardless of their manner of entry to the receiving country,
and explore means to further enhance its assistance in eliminating trafficking activities
through closer networking with government agencies in the country and overseas,
particularly in the formulation of policies and implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine
Readable Passports to protect the integrity of Philippine passports, visas and other travel
documents to reduce the incidence of trafficking through the use of fraudulent identification
documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling
program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative
and protective programs for trafficked persons. It shall provide counseling and temporary
shelter to trafficked persons and develop a system for accreditation among NGOs for
purposes of establishing centers and programs for intervention in various levels of the
community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation
and compliance with the rules and guidelines relative to the employment of persons locally
and overseas. It shall likewise monitor, document and report cases of trafficking in persons
involving employers and labor recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and prosecute cases
of trafficking. It shall also establish a mechanism for free legal assistance for trafficked
persons, in coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other
NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate
and coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in coordination with relevant government agencies. It shall likewise
advocate for the inclusion of the issue of trafficking in persons in both its local and
international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers
both at the place of arrival and departure and shall ensure compliance by the Filipino
fiancs/fiances and spouses of foreign nationals with the guidance and counseling
requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to
undertake surveillance, investigation and arrest of individuals or persons suspected to be
engaged in trafficking. It shall closely coordinate with various law enforcement agencies to
secure concerted efforts for effective investigation and apprehension of suspected traffickers.
It shall also establish a system to receive complaints and calls to assist trafficked persons
and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective
pre-employment orientation seminars and pre-departure counseling programs to applicants
for overseas employment. It shall likewise formulate a system of providing free legal
assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a systematic
information and prevention campaign and likewise maintain a databank for the effective
monitoring, documentation and prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the cancellation of licenses of establishments
which violate the provisions of this Act and ensure effective prosecution of such cases. They
shall also undertake an information campaign against trafficking in persons through the
establishment of the Migrants Advisory and Information Network (MAIN) desks in
municipalities or provinces in coordination with DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall
encourage and support community based initiatives which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist the assistance of
NGOs, people's organizations (Pos), civic organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as such shall not be penalized for crimes directly related to
the acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in
relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set forth
in this Act shall be irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of
Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the
witness protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the
Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be
entitled to appropriate protection, assistance and services available to trafficked persons under this
Act: Provided, That they shall be permitted continued presence in the Philippines for a length of time
prescribed by the Council as necessary to effect the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency
Council Against Trafficking, to be composed of the Secretary of the Department of Justice as
Chairperson and the Secretary of the Department of Social Welfare and Development as CoChairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative
each from among the sectors representing women, overseas Filipino workers (OFWs) and
children, with a proven record of involvement in the prevention and suppression of trafficking
in persons. These representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a term of three (3) years.
The members of the Council may designate their permanent representatives who shall have
a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and
accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the
trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the effective implementation
of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to effectively
address the issues and problems attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign on the
existence of the law and the various issues and problems attendant to trafficking through the
LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their attention
and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or establishments that
violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE,
DSWD, Technical Education and Skills Development Authority (TESDA), Commission on
Higher Education (CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the government
or from NGOs and other civic organizations such assistance as may be needed to effectively
implement this Act;
(j) Complement the shared government information system for migration established under
Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act
of 1995" with data on cases of trafficking in persons, and ensure that the proper agencies
conduct a continuing research and study on the patterns and scheme of trafficking in
persons which shall form the basis for policy formulation and program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective response to
cases of trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among
foreign countries through bilateral and/or multilateral arrangements to prevent and suppress
international trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC),
Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion of
advertisement of trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked persons who
are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary intervention or
assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary
Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society, concerned government agencies shall make available
the following services to trafficked persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;
(c) Free legal services which shall include information about the victims' rights and the
procedure for filing complaints, claiming compensation and such other legal remedies
available to them, in a language understood by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. (a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas
Filipino in Distress" and may avail of the legal assistance created by Republic Act No. 8042,
subject to the guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as
provided for by Republic Act No. 8042 shall also be extended to trafficked persons
regardless of their immigration status in the host country.
(c) The Country Team Approach. - The country team approach under Executive Order No. 74
of 1993, shall be the operational scheme under which Philippine embassies abroad shall
provide protection to trafficked persons insofar as the promotion of their welfare, dignity and
fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other
appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons,
regardless of whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the
DFA shall make representation with the host government for the extension of appropriate residency
permits and protection, as may be legally permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines
and to Congress an annual report of the policies, programs and activities relative to the
implementation of this Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall immediately
include in their programs and issue such rules and regulations to implement the provisions of this
Act, the funding of which shall be included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary
implementing rules and regulations within sixty (60) days from the effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to
Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of
association, religion and the right to travel for purposes not contrary to law as guaranteed by the
Constitution.
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.
Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision of
Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act".
Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.