crim 2 special laws up to plunder!!!!!!

8/18/2019 Crim 2 Special Laws Up to Plunder!!!!!!

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PRESIDENTIAL DECREE No. 532 August 8, 1974

ANTI-PIRACY AND ANTI-HIGHAY R!""ERY LA !# 1974

WHEREAS, reports from law-enforcement agenciesreveal that lawless elements are still committing

acts of depredations upon the persons andproperties of innocent and defenseless inhabitantswho travel from one place to another, therebydistributing the peace, order and tranquility of thenation and stunting the economic and socialprogress of the people

WHEREAS, such acts of depredations constituteeither piracy or highway robbery!brigandage whichare among the highest forms of lawlessnesscondemned by the penal statutes of all countriesand,

WHEREAS, it is imperative that said lawless

elements be discouraged from perpetrating suchacts of depredations by imposing heavy penalty onthe o"enders, with the end in view of eliminating allobstacles to the economic, social, educational andcommunity progress of the people

#$W, %HERE&$RE, ', &ER('#A#( E) *AR+$S,resident of the hilippines, by virtue of the powersvested in me by the +onstitution and pursuant toproclamation #o) ./, dated September 0, 120and #o) .3, dated 4anuary 2, 125 and 6eneral$rder #o) , dated September 00, 120, do herebyorder and decree as part of the law of the land thefollowing7

S$%t&o' 1. Title. %his (ecree shall be 8nown as theAnti-iracy and Anti-Highway Robbery 9aw of 123)

S$%t&o' 2. Defnition o Terms. %he following termsshall mean and be understood, as follows7

a) hilippine Waters) 't shall refer to allbodies of water, such as but not limited to,seas, gulfs, bays around, between andconnecting each of the 'slands of the

hilippine Archipelago, irrespective of itsdepth, breadth, length or dimension, and allother waters belonging to the hilippines byhistoric or legal title, including territorial sea,the sea-bed, the insular shelves, and othersubmarine areas over which the hilippineshas sovereignty or :urisdiction)

b) ;essel) Any vessel or watercraft used fortransport of passengers and cargo from oneplace to another through hilippine Waters)'t shall include all 8inds and types of vesselsor boats used in


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ransom or e?tortion, or murder or homicide,or rape is committed as a result or on theoccasion thereof, the penalty of death shallbe imposed)

S$%t&o' 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any person who 8nowingly andin any manner aids or protects pirates or highwayrobbers!brigands, such as giving them informationabout the movement of police or other peaceo@cers of the government, or acquires or receivesproperty ta8en by such pirates or brigands or in anymanner derives any bene


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C5D +orrosive is any substance or material,either liquid, solid or gaseous, which throughchemical reaction wears away, impairs orconsumes any ob:ect) 't shall include but notlimited to al8aline battery Buid pac8ed withempty storage battery, allyl chloroformate,allytrichlorosilane, ammonium dinitro-orthocresolate and other similar materials

and substances)

C3D oisonous is any substance ormaterials, e?cept medicinal drug, eitherliquid, solid or gaseous, which throughchemical reactions 8ills, in:uries or impairs aliving organism or person, and shall includebut not limited to allyl isothiocyanate,ammunition Cchemical, non-e?plosive butcontaining +lass A, > or poisonD, aniline oil,arsine, bromoben=yle cyanide,bromoacetone and other similar substancesor materials)

S$%t&o' (. Any violation of Section three hereof shall be punishable by an imprisonment of at least


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to and understood by him, of his rights toremain silent and to have competent andindependent counsel, preferably of his ownchoice, who shall at all times be allowed toconfer privately with the person arrested,detained or under custodial investigation) 'f such person cannot a"ord the services of hisown counsel, he must be provided with a

competent and independent counsel by theinvestigating o@cer)lawphi&'

CcD %he custodial investigation report shallbe reduced to writing by the investigatingo@cer, provided that before such report issigned, or thumbmar8ed if the personarrested or detained does not 8now how toread and write, it shall be read andadequately e?plained to him by his counselor by the assisting counsel provided by theinvestigating o@cer in the language ordialect 8nown to such arrested or detainedperson, otherwise, such investigation report

shall be null and void and of no e"ectwhatsoever)

CdD Any e?tra:udicial confession made by aperson arrested, detained or under custodialinvestigation shall be in writing and signedby such person in the presence of hiscounsel or in the latterGs absence, upon avalid waiver, and in the presence of any of the parents, elder brothers and sisters, hisspouse, the municipal mayor, the municipal

:udge, district school supervisor, or priest orminister of the gospel as chosen by himotherwise, such e?tra:udicial confession shall

be inadmissible as evidence in anyproceeding)

CeD Any waiver by a person arrested ordetained under the provisions of Article 0of the Revised enal +ode, or undercustodial investigation, shall be in writingand signed by such person in the presenceof his counsel otherwise the waiver shall benull and void and of no e"ect)

CfD Any person arrested or detained or undercustodial investigation shall be allowed visitsby or conferences with any member of hisimmediate family, or any medical doctor orpriest or religious minister chosen by him orby any member of his immediate family orby his counsel, or by any national non-governmental organi=ation duly accreditedby the +ommission on Human Rights of byany international non-governmentalorgani=ation duly accredited by the $@ce of the resident) %he personGs immediatefamily shall include his or her spouse,


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C/D years but not more than ten C.D years, or both) %he penalty of perpetual absolute disquali


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suspected of having committed orintimidating or coercing him!her or a thirdperson or for any reason based ondiscrimination of any 8ind, when such painor su"ering is inBicted by or at theinstigation of or with the consent oracquiescence of a person in authority oragent of a person in authority) 't does not

include pain or >u"ering arising only from,inherent in or incidental to lawful sanctions)

CbD $ther cruel, inhuman and degradingtreatment or punishment refers to adeliberate and aggravated treatment orpunishment not enumerated under Section 3of this Act, inBicted by a person in authorityor agent of a person in authority against aperson under his!her custody, which attainsa level of severity causing su"ering, grosshumiliation or debasement to the latter)

CcD ;ictim refers to the person sub:ected to

torture or other cruel, inhuman anddegrading treatment or punishment asde


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agent of a person in authority which arecalculated to a"ect or confuse the mindand!or undermine a personGs dignity andmorale, such as7

CD >lindfolding

C0D %hreatening a personCsD orhis!fher relativeCsD with bodily harm,e?ecution or other wrongful acts

C5D +on


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CaD %o have a prompt and an impartialinvestigation by the +HR and by agencies of government concerned such as the(epartment of 4ustice C($4D, the ublicAttorneyGs $@ce CA$D, the #, the#ational >ureau of 'nvestigation C#>'D andthe A&) A prompt investigation shall mean ama?imum period of si?ty CI.D wor8ing days

from the time a complaint for torture is efore and afterinterrogation, every person arrested, detained orunder custodial investigation shall have the right tohe informed of his!her right to demand physicale?amination by an independent and competent

doctor of his!her own choice) 'f such person cannota"ord the services of his!her own doctor, he!sheshall he provided by the State with a competent andindependent doctor to conduct physicale?amination) %he State shall endeavor to providethe victim with psychological evaluation if availableunder the circumstances) 'f the person arrested is afemale, she shall be attended to preferably by afemale doctor) &urthermore, any person arrested,detained or under custodial investigation, includinghis!her immediate family, shall have the right toimmediate access to proper and adequate medicaltreatment) %he physical e?amination and!orpsychological evaluation of the victim shall be

contained in a medical report, duly signed by theattending physician, which shall include in detailhis!her medical history and


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waive such rights in writing, e?ecuted in thepresence and assistance of his!her counsel)

S$%t&o' 13. 0ho are Criminally 6iable. - Any personwho actually participated $r induced another in thecommission of torture or other cruel, inhuman anddegrading treatment or punishment or whocooperated in the e?ecution of the act of torture or

other cruel, inhuman and degrading treatment orpunishment by previous or simultaneous acts shallbe liable as principal

Any superior military, police or law enforcemento@cer or senior government o@cial who issued anorder to any lower ran8ing personnel to committorture for whatever purpose shall be held equallyliable as principals)

%he immediate commanding o@cer of the unitconcerned of the A& or the immediate senior publico@cial of the # and other law enforcementagencies shall be held liable as a principal to the

crime of torture or other cruel or inhuman anddegrading treatment or punishment for any act oromission, or negligence committed by him!her thatshall have led, assisted, abetted or allowed, whetherdirectly or indirectly, the commission thereof byhis!her subordinates) 'f he!she has 8nowledge of or,owing to the circumstances at the time, should have8nown that acts of torture or other cruel, inhumanand degrading treatment or punishment shall becommitted, is being committed, or has beencommitted by his!her subordinates or by otherswithin his!her area of responsibility and, despitesuch 8nowledge, did not ta8e preventive orcorrective action either before, during or

immediately after its commission, when he!she hasthe authority to prevent or investigate allegations of torture or other cruel, inhuman and degradingtreatment or punishment but failed to prevent or

investigate allegations of such act, whetherdeliberately or due to negligence shall also be liableas principals)

Any public o@cer or employee shall be liable as anaccessory if he!she has 8nowledge that torture orother cruel, inhuman and degrading treatment orpunishment is being committed and without having

participated therein, either as principal oraccomplice, ta8es part subsequent to its commissionin any of the following manner7

CaD >y themselves proy concealing the act of torture or othercruel, inhuman and degrading treatment orpunishment and!or destroying the e"ects orinstruments thereof in order to prevent itsdiscovery orCcD >y harboring, concealing or

assisting m the escape of the principal!s inthe act of torture or other cruel, inhumanand degrading treatment or punishment7rovided, %hat the accessory acts are donewith the abuse of the o@cialGs publicfunctions)

S$%t&o' 14. Penalties. - CaD %he penalty of reclusionperpetua shall be imposed upon the perpetrators of the following acts7

CD %orture resulting in the death of any person

C0D %orture resulting in mutilation

C5D %orture with rape

C3D %orture with other forms of se?ualabuse and, in consequence of torture, the victim shall havebecome insane, imbecile, impotent,blind or maimed for life and

CD %orture committed againstchildren)

CbD %he penalty of reclusion temporal shallbe imposed on those who commit any act of mental!psychological torture resulting ininsanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness orshame)

CcD %he penalty of prision correccional shallbe imposed on those who commit any act of torture resulting in psychological, mentaland emotional harm other than thosedescribed n paragraph CbD of this section) G

CdD %he penalty of prision mayor in itsmedium and ma?imum periods shall beimposed if, in consequence of torture, thevictim shall have lost the power of speech orthe power to hear or to smell or shall havelost an eye, a hand, a foot, an arm or a legor shall have lost the use of any suchmember $r shall have become permanentlyincapacitated for labor)

CeD %he penalty of prision mayor in itsminimum and medium periods shall beimposed if, in consequence of torture, the

victim shall have become deformed or shallhave lost any part of his!her body other thanthose aforecited, or shall have lost the usethereof, or shal l have been i ll or


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incapacitated for labor for a period of morethan ninety C1.D days)

CfD %he penalty of prision correccional in itsma?imum period to prision mayor in itsminimum period shall be imposed if, inconsequence of torture, the victim shallhave been ill or incapacitated for labor for

mare than thirty C5.D days but not morethan ninety C1.D days)

CgD %he penalty of prision correccional in itsminimum and medium period shall beimposed if, in consequence of torture, thevictim shall have been ill or incapacitated forlabor for thirty C5.D days or less)

ChD %he penalty of arresto mayor shall beimposed for acts constituting cruel, inhumanor degrading treatment or punishment asde


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S$%t&o' 21. Education and +normation Campaign. - %he +HR, the ($4, the (epartment of #ational(efense C(#(D, the (epartment of the 'nterior and9ocal 6overnment C('96D and such other concernedparties in both the public and private sectors shallensure that education and information regardingprohibition against torture and other cruel, inhumanand degrading treatment or punishment shall be

fully included in the training of law enforcementpersonnel, civil or military, medical personnel, publico@cials and other persons who may be involved inthe custody, interrogation or treatment of anyindividual sub:ected to any form of arrest, detentionor imprisonment) %he (epartment of EducationC(epE(D and the +ommission on Higher EducationC+HE(D shall also ensure the integration of humanrights education courses in all primary, secondaryand tertiary level academic institutions nationwide)

S$%t&o' 22. Applicability o the Re!ised PenalCode. - %he provisions of the Revised enal +odeinsofar as they are applicable shall be suppletory to

this Act) *oreover, if the commission of any crimepunishable under %itle Eight C+rimes AgainstersonsD and %itle #ine C+rimes Against ersonal9iberty and SecurityD of the Revised enal +ode isattended by any of the acts constituting torture andother cruel, inhuman and degrading treatment orpunishment as de


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participation, for the purpose of sei=ing ordiminishing state power)

S$%t&o' 4. Article 5 of the Revised enal +ode ishereby amended to read as follows7

Art) 5) Penalty or rebellion* insurrectionor coup D89TAT ) F Any person who promotes,maintains or heads a rebel lion orinsurrection shall su"er the penalty of reclusion perpetua)

Any person merely participating ore?ecuting the commands of others in arebellion or insurrection shall su"er thepenalty of reclusion temporal)

Any person who leads or in any mannerdirects or commands others to underta8e acoup (LM%A% shall su"er the penalty of reclusion perpetua)

Any person in the government service whoparticipates, or e?ecutes directions orcommands of others in underta8ing a coup(LM%A% shall su"er the penalty of reclusiontemporal in its ma?imum period)

Any person not in the government servicewho participates, or in any manner supports,


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SE+) 5) Defnition o Terms. F As used in this Act7

CaD Accessories refer to parts of a


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CqD +mitation frearm refers to a replica of a


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pro:ectile through a smooth bore by the action orenergy from burning gunpowder)

CeeD #ports shooting competition refers to adefensive, precision or practical sport shootingcompetition duly authori=ed by the &E$ of the #)

C"D Tampered* obliterated or altered frearm refers to

any


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SE+) I) )wnership o ,irearms by the @ational>o!ernment. F All


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Act shall include the license to possess ammunitionwith a ma?imum of


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accessories, spare parts, components, and reloadingmachines, which shall be issued by the +hief of the#)

SE+) 2) 6icense and #cope o 6icense or >unsmiths. F %he license for gunsmiths shall allowthe grantee to repair registered


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of the # may dispose of the same aftercompliance with established procedures)

SE+) 0I) Death or Disability o 6icensee. F Kpon thedeath or legal disability of the holder of a light weapon, the former violation shallbe absorbed by the latter)

SE+) 01) se o 6oose ,irearm in the Commission o a Crime. F %he use of a loose


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Revised enal +ode or other special laws, shall beconsidered as an aggravatingcircumstance7Pro!ided* %hat if the crime committedwith the use of a loose


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system of the # +rime 9aboratory for future useand identi


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shall be revo8ed) 'f government-issued


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SEC. 3. &errorism.- Any person who commits anact punishable under any of the following provisionsof the Revised enal +ode7

a) Article 00 Ciracy in 6eneral and *utinyin the High Seas or in the hilippine WatersD

b) Article 53 CRebellion or 'nsurrectionD

c) Article 53-a C+oup dG EtatD, including actscommitted by private persons

d) Article 03/ C*urderD

e) Article 0I2 Cidnapping and Serious 'llegal(etentionD

f) Article 503 C+rimes 'nvolving (estructionD,or under

) residential (ecree #o) I5 C%he

9aw on ArsonD

0) Republic Act #o) I1I1 C%o?icSubstances and Ha=ardous and#uclear Waste +ontrol Act of 11.D

5) Republic Act #o) 0.2, CAtomicEnergy Regulatory and 9iability Actof 1I/D

3) Republic Act #o) I05 CAnti-Hi:ac8ing 9awD

) residential (ecree #o) 50 CAnti-

iracy and Anti-Highway Robbery9aw of 123D and,

I) residential (ecree #o) /II, asamended C(ecree +odifying the9aws on 'llegal and Knlawfulossession, *anufacture, (ealing in,Acquisition or (isposition of &irearms, Ammunit ions orE?plosivesD

thereby sowing and creating a condition of widespread and e?traordinary fear and panic amongthe populace, in order to coerce the government togive in to an unlawful demand shall be guilty of thecrime of terrorism and shall su"er the penalty of forty C3.D years of imprisonment, without the bene


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Pro!ided, %hat surveillance, interception andrecording of communications between lawyers andclients, doctors and patients, :ournalists and theirsources and con


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within which to


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%errorism +ouncil to


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said police, or law enforcement personnel7 rovided, %hat the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism mustresult from the surveillance under Section 2 ande?amination of ban8 deposits under Section 02 of this Act)

%he police or law enforcement personnel concerned

shall, before detaining the person suspected of thecrime of terrorism, present him or her before any :udge at the latterGs residence or o@ce nearest theplace where the arrest too8 place at any time of theday or night) 't shall be the duty of the :udge, amongother things, to ascertain the identity of the police orlaw enforcement personnel and the person orpersons they have arrested and presented beforehim or her, to inquire of them the reasons why theyhave arrested the person and determine byquestioning and personal observation whether ornot the suspect has been sub:ected to any physical,moral or psychological torture by whom and why)

%he :udge shall then submit a written report of whathe!she had observed when the sub:ect was brought

before him to the proper court that has :urisdictionover the case of the person thus arrested) %he :udgeshall forthwith submit his!her report within threecalendar days from the time the suspect wasbrought to his!her residence or o@ce)

'mmediately after ta8ing custody of a personcharged with or suspected of the crime of terrorismor conspiracy to commit terrorism, the police or lawenforcement personnel shall notify in writing the

:udge of the court nearest the place of apprehensionor arrest7 rovided ,%hat where the arrest is madeduring Saturdays, Sundays, holidays or after o@cehours, the written notice shall be served at the

residence of the :udge nearest the place where theaccused was arrested)

%he penalty of ten C.D years and one day to twelveC0D years of imprisonment shall be imposed uponthe police or law enforcement personnel who fails tonotify and :udge as rovided in the precedingparagraph)

SEC. 19. Period of Detention in the "vent of an Actual or Imminent &errorist Attac0 . - 'n the

event of an actual or imminent terrorist attac8,suspects may not be detained for more than threedays without the written approval of a municipal,city, provincial or regional o@cial of a Human Rights+ommission or :udge of the municipal, regional trialcourt, the Sandiganbayan or a :ustice of the +ourt of Appeals nearest the place of the arrest) 'f the arrestis made during Saturdays, Sundays, holidays or aftero@ce hours, the arresting police or law enforcementpersonnel shall bring the person thus arrested to theresidence of any of the o@cials mentioned abovethat is nearest the place where the accused wasarrested) %he approval in writing of any of the saido@cials shall be secured by the police or lawenforcement personnel concerned within ar of the hilippines C'>D or the ublicAttorneyGs $@ce CA$D) 't shall be the duty of thefree legal assistance unit of the '> or the A$ thuscontacted to immediately visit the personCsDdetained and provide him or her with legalassistance) %hese rights cannot be waived e?cept inwriting and in the presence of the counsel of choiceCbD informed of the cause or causes of his detention

in the presence of his legal counsel CcD allowed tocommunicate freely with his legal counsel and toconfer with them at any time without restriction CdDallowed to communicate freely and privately withoutrestrictions with the members of his family or withhis nearest relatives and to be visited by them and,CeD allowed freely to avail of the service of aphysician or physicians of choice)

SEC. 22. Penalty for 1iolation of the Rights of a Detainee. - Any police or law enforcementpersonnel, or any personnel of the police or otherlaw enforcement custodial unit that violates any of the aforesaid rights of a person charged with orsuspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of ano"ense and shall su"er the penalty of ten C.D yearsand one day to twelve C0D years of imprisonment)


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Knless the police or law enforcement personnel whoviolated the rights of a detainee or detainees asstated above is duly identi


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of national security and public safety, consistentwith Article ''', Section I of the +onstitution) %raveloutside of said municipality or city, without theauthori=ation of the court, shall be deemed aviolation of the terms and conditions of his bail,which shall then be forfeited as provided under theRules of +ourt)

He!she may also be placed under house arrest byorder of the court at his or her usual place of residence)

While under house arrest, he or she may not usetelephones, cellphones, e-mails, computers, theinternet or other means of communications withpeople outside the residence until otherwise orderedby the court)

%he restrictions abovementioned shall be terminatedupon the acquittal of the accused or of the dismissalof the case


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SEC. 3. "#ective Period of Court Authori-ation to "9amine and Obtain

Information on :an0 De!osits, Accounts, and

Records. - %he authori=ation issued or granted bythe authori=ing division of the +ourt of Appeals toe?amine or cause the e?amination of and to free=eban8 deposits, placements, trust accounts, assets,and records, or to gather information about thesame, shall be e"ective for the length of time

speci


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e?amination of the ban8 deposits, placements, trustaccounts, assets and records have been made, or, if made, that all such duplicates and copies are placedin the sealed envelope or sealed pac8age depositedwith the authori=ing division of the +ourt of Appeals)

't shall be unlawful for any person, police o@cer orcustodian of the ban8 data and information obtainedafter e?amination of deposits, placements, trustaccounts, assets and records to copy, to remove,delete, e?punge, incinerate, shred or destroy in anymanner the items enumerated above in whole or inpart under any prete?t whatsoever,

Any person who copies, removes, deletes, e?punges,incinerates, shreds or destroys the itemsenumerated above shall su"er a penalty of not lessthan si? years and one day to twelve C0D years of imprisonment)

SEC. 33. Dis!osition of :an0 /aterials. - %hesealed envelope or sealed pac8age and the contentsthereof, which are deposited with the authori=ingdivision of the +ourt of Appeals, shall be deemedand are hereby declared classi


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terrorism C0D a :udicially declared and outlawedorgani=ation, association, or group of persons or C5Da member of such :udicially declared and outlawedorgani=ation, association, or group of persons in saidban8 or


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SEC. 42. Penalty for Unusti.ed Refusal toRestore or Delay in Restoring Sei-ed,

Se6uestered and +ro-en :an0 De!osits,

Placements, &rust Accounts, Assets and

Records. - Any person who un:usti


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current appropriations for intelligence, emergency,social or other funds of the $@ce of the resident)

'n the event that the amount cannot be covered bythe current budget of the police or law enforcementagency concerned, the amount shall beautomatically included in the appropriations of thesaid agency for the coming year)

SEC. 51. Duty to Record and Re!ort the 8ameand Address of the Informant . - %he police or lawenforcement o@cers to whom the name or a suspectin the crime of terrorism was


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l iable for the crime of terrorism orconspiracy to commit terrorism

2) Establish and maintain coordination withand the cooperation and assistance of othernations in the struggle against internationalterrorism and

/) Request the Supreme +ourt to designatespeci


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House for the ne?t si? months) 'n every case, theran8ing opposition or minority member of the+ommittee shall be the ;ice +hair) Kpon thee?piration of one year after this Act is approved bythe resident, the +ommittee shall review the Actparticularly the provision that authori=e thesurveillance of suspects of or persons charged withthe crime of terrorism) %o that end, the +ommitteeshall summon the police and law enforcement

o@cers and the members of the Anti-%errorism+ouncil and require them to answer questions fromthe members of +ongress and to submit a writtenreport of the acts they have done in theimplementation of the law including the manner inwhich the persons suspected of or charged with thecrime of terrorism have been dealt with in theircustody and from the date when the movements of the latter were sub:ected to surveillance and his orher correspondences, messages, conversations andthe li8e were listened to or sub:ected to monitoring,recording and tapping) Without pre:udice to itssubmitting other reports, the +ommittee shall rendera semiannual report to both Houses of +ongress)

%he report may include where necessary arecommendation to reassess the e"ects of globali=ation 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) %he courtsdealing with anti-terrorism cases shall submit to+ongress and the resident a report every si?months of the status of anti-terrorism cases thathave been


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) %hat it shall be unlawful for any person towillfully deface, mutilate, tear, burn ordestroy, in any manner whatsoever,currency notes and coins issued by the+entral >an8 of the hilippines and

0) %hat any person who shall violate this(ecree shall, upon conviction, be punishedby a


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REP)"LIC ACT No. (85

AN ACT A*ENDING C!**!NEALTH ACTN)*"ERED !NE H)NDRED #!RTY-T!REG)LATING THE )SE !# ALIASES.

S$%t&o' 1. Section one of +ommonwealth Act#umbered $ne hundred forty-two is herebyamended to read as follows7

Sec) ) E?cept as a pseudonym solely for literary,cinema, television, radio or other entertainmentpurposes and in athletic events where the use of pseudonym is a normally accepted practice, noperson shall use any name di"erent from the onewith which he was registered at birth in the o@ce of the local civil registry, or with which he was bapti=edfor the K9ARN, A#( &$R $%HER KR$SES

Section ) Hereafter it shall be unlawful for anyperson or association or persons not in the service of

the Armed &orces of the hilippines of the hilippine+onstabulary to use, or confer upon himself oranother who is not in the service of the said Armed


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&orces or +onstabulary, any military or naval gradeor title which is, or may hereafter be, prescribed bylaws and regulations for the use of the Armed &orcesor +onstabulary7 rovided, %hat the foregoing shallnot be construed as prohibiting the use of suchmilitary or naval grades or title by personnel orpersons now authori=ed by law and by the followingpersons7

CaD All veterans of any war when recogni=ed by thehilippine or Knited States 6overnment and only forthe ran8s for which they are recogni=ed

CbD +ommissioned o@cers and personnel, retiredor in active duty, of the >ureau of +oast and6eodetic Survey, of the quarantine service, and of the customs service

CcD +ommissioned and enlisted reservists includingrecogni=ed guerrilla o@cers on inactive status whenusing their authori=ed grades for a purely militarypurposes

CdD %rainees in the Armed &orces while undergoingany period of trainee instruction pursuant to law)

Sec) 0) Hereafter it shall be unlawful for anyperson not in the service of the Armed &orces of thehilippines or the hilippine +onstabulary, e?ceptthose e?cluded from the prohibition in section one of this Act, to use or wear the duly prescribed insignia,badge or emblem or ran8 of the members of theArmed &orces of the hilippines or the hilippine+onstabulary, or any colorable imitation thereof7rovided, %hat the foregoing shall not be construedas prohibiting any person from using or wearing anymilitary or naval insignia, badge or emblem of ran8

in any play-house or theater or in moving-pictureureau of +oast and 6eodetic Survey7 rovided,further, %hat the use or wearing of any military ornaval insignia, badge or emblem of ran8 whileengaged in representing a military or navalcharacter as hereinabove described, shall be sub:ectto supervision and regulation by the Secretary of #ational (efense) %he phrase duly prescribed

insignia, badge or emblem of ran8 shall, for thepurpose of this Act, mean any insignia, badge oremblem of ran8 which is, or may hereafter be,prescribed by +ongress, the Secretary of #ational(efense or the +hief of +onstabulary)

Sec) 5) Hereafter the use, wearing, manufactureand sale of any medal or decoration, badge,insignia, patch, or identi


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penalties that may be imposed under the Revisedenal +ode)

S$%t&o' 2. Any person, other than a diplomatic orconsular o@cer or attach, who shall act in theRepublic of the hilippines as an agent of a foreigngovernment without prior noti


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Sec) 0) Section two thousand seven hundred andthree of the Revised Administrative +ode is herebyamended to read as follows7

Sec) 02.5) ;arious fraudulent practices againstcustoms revenues) X Any person who ma8es orattempts to ma8e any entry of imported or dutiablye?ported merchandise by means of any false orfraudulent invoice, declaration, a@davit, letter,paper, or by means of any false statement, writtenor verbal, or by means of any false or fraudulentpractice whatsoever, or shall be guilty of any willfulact or omission by means whereof the 6overnmentof the Republic of the hilippines might be deprivedof the lawful duties, or any portion thereof, accruingfrom the merchandise or any portion thereof,embraced or referred to in such invoice, declaration,a@davit, letter, paper, or statement, or a"ected bysuch act or omission, shall, for each o"ense, bepunished by a SD

C0D insurance companies, pre-needcompanies and all other personssupervised or regulated by the'nsurance +ommission C'+D

C5D CiD securities dealers, bro8ers,salesmen, investment houses andother similar persons managingsecurities or rendering services asinvestment agent, advisor, orconsultant, CiiD mutual funds, close-end

investment companies, common trustfunds, and other similar persons, andCiiiD other entities administering or

otherwise dealing in currency,commodities or


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CiiiD organi=ation of contributions for thecreation, operation ormanagement of companies and

CivD creation, operation ormanagement of :uridicalpersons or arrangements,and buying and sellingbusiness entities)

#otwithstanding the foregoing,the term Ycovered personsU shalle?clude lawyers andaccountants acting asindependent legal professionalsin relation to informationconcerning their clients orwhere disclosure of informationwould compromise clientconCovered transaction> is a transactionin cash or other equivalent monetaryinstrument involving a total amount ine?cess of &ive hundred thousand pesos Ch..,...)..D within one CD ban8ing day)

Cb-D >Sus!icious transaction>aretransactions with covered institutions,regardless of the amounts involved, whereany of the following circumstances e?ist7

) there is no underlying legal or tradeobligation, purpose or economic

:usti


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5. and 5.0 of the Revised enal+ode, as amended

CID 4ueteng and *asiao punished asillegal gambling under residential(ecree #o) I.0

C2D iracy on the high seas under theRevised enal +ode, as amendedand residential (ecree #o) 50

C/D uali


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C53D &elonies or o"enses of a similarnature that are punishable underthe penal laws of other countries)

C:D Precious metals= shall mean gold,silver, platinum, palladium, rhodium,ruthenium, iridium and osmium) %heseinclude alloys of precious metals, soldersand plating chemicals such as rhodium andpalladium plating solutions and potassium

gold cyanide and potassium silver cyanideand silver cyanide in salt solution)

C8D YPrecious stones= shall mean diamond,ruby, emerald, sapphire, opal, amethyst,beryl, topa=, and garnet that are used in

:ewelry ma8ing, including those formerlyclassi


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money laundering operations, which mayinclude the use of its personnel, facilitiesand resources for the more resoluteprevention, detection, and investigation of money laundering o"enses and prosecutionof o"enders and

CD to impose administrative sanctions forthe violation of laws, rules, regulations, andorders and resolutions issued pursuantthereto)

C0D to require the 9and RegistrationAuthority and all its Registries of (eeds tosubmit to the A*9+, reports on all realestate transactions involving an amount ine?cess of &ive hundred thousand pesosC..,...)..D within ang8o Sentral ng ilipinas C>SDand shall hold full-time permanent positions withinthe >S)

S$%t&o' 9) Pre!ention o 5oney 6aunderingCustomer +dentifcation Re:uirements and Recordeeping. F

CaD Custo$0 I;$'t&


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#o) I30I, as amended Republic Act #o) /21 andother laws, the A*9+ may inquire into or e?amineany particular deposit or investment, includingrelated accounts, with any ban8ing institution ornon-ban8


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S$%t&o' 13. 5utual Assistance among #tates. F

CaD R$=u$st o0 Ass&st'%$ 0o #o0$&g' Stt$) F Where a foreign Statema8es a request for assistance in theinvestigation or prosecution of a moneylaundering o"ense, the A*9+ may e?ecutethe request or refuse to e?ecute the sameand inform the foreign State of any validreason for not e?ecuting the request or fordelaying the e?ecution thereof) %heprinciples of mutuality and reciprocity shall,for this purpose, be at all times recogni=ed)

CbD Po>$0 o t6$ A*LC to A%t o' R$=u$st o0 Ass&st'%$ 0o #o0$&g'Stt$) F %he A*9+ may e?ecute a requestfor assistance from a foreign State by7 CDtrac8ing down, free=ing, restraining andsei=ing assets alleged to be proceeds of anyunlawful activity under the procedures laiddown in this Act C0D giving informationneeded by the foreign State within theprocedures laid down in this Act and C5Dapplying for an order of forfeiture of anymonetary instrument or property in thecourt7 Pro!ided, %hat the court shall notissue such an order unless the application isaccompanied by an authenticated copy of the order of a court in the requesting Stateordering the forfeiture of said monetaryinstrument or properly of a person who hasbeen convicted of a money launderingo"ense in the requesting State, and acerti


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or any o@cer in the foreign service of thehilippines stationed in the foreign State inwhich the record is 8ept, and authenticatedby the seal of his o@ce)

CgD E?t0;&t&o') F %he hilippines shallnegotiate for the inclusion of moneylaundering o"enses as herein de


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CgD %he provision of this law shall not beconstrued or implemented in a manner thatwill discriminate against certain customertypes, such as politically-e?posed persons,as well as their relatives, or against a certainreligion, race or ethnic origin, or such otherattributes or pro'R)

S$%t&o' 21) %he authority to inquire into ore?amine the main account and the related accountsshall comply with the requirements of Article ''',Sections 0 and 5 of the 1/2 +onstitution, which arehereby incorporated by reference) 9i8ewise, theconstitutional in:unction against e- post acto lawsand bills of attainder shall be respected in theimplementation of this Act)

S$%t&o' 22. Appropriations Clause. F %he A*9+shall be provided with an initial appropriation of

%wenty-


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to health of the people and instill healthconsciousness among them as provided in Section Article of the +onstitution)'t is also further declared the policy of the State thatin order to safeguard the health of the people, theState shall provide for their protection againstcounterfeit drugs)SECTI!N 3) De.nition of &erms F &or purposes of this Act, the terms7

CaD (rugs shall refer to any chemical

compound or biological substance, otherthan food, intended for use in thetreatment, prevention or diagnosis of disease in man or animals, including butnot limited to7

B1any article recogni=ed in the o@cial KnitedStates harmacopoeia F #ational &ormularyCKS-#&D, o@cial Homeopathicharmacopoeia of the Knited States,hilippines #ational (rug &ormulary, >ritishharmacopoeia, any #ational +ompendiumor any supplement to any of them

B2any article intended for use in the diagnosis,cure, mitigation, treatment, or prevention of

disease in man or animalsB3

any article other than food intended to a"ectthe structure or any function of the body of man or animals

B4any article intended for use as a component of

any articles speciro8ering shall refer to any act of facilitatingthe disposal or sale or counterfeit drugs,including acts of agency)

B;>ureau shall refer to the >ureau of &ood and(rugs C>&A(D of the (epartment of HealthC($HD)

B$

(epartment shall refer to the (epartment of Health

B>usiness establishment shall refer to anyentity, whether a single proprietorship,partnership, or corporation engaged in ordoing business in the hilippines)

Bg$wner shall refer to a person or group of persons who is the registered owner of alicense to operate a business or businessunderta8ing in the hilippines or the branchmanager or operator, licensee, franchisee,or any person acting on behalf of hecorporate entity)

B6Residence shall refer to a private dwelling orabode where a person lives, either as owneror lessee, or usurfructuary including, forpurposes of this Act, its yard, garage,storage rooms or premises)

SECTI!N 4 Prohibited Acts* F %he following actsare declared unlawful and therefore prohibited

aD %he manufacture, sale, or o"ering for sale,donation, distribution, tra@c8ing,

bro8ering e?portation or importation or D presentation of sales invoices o@cial receipts produced thereby are not one and the same


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bro8ering, e?portation, or importation orpossession of counterfeit drugs as deureau, shall constitute a primafacie evidence of violation of this Act7rovided, however, %hat this presumptionshall not apply to the legitimate owners of trademar8s, trade names or otheridentifying mar8s, or the legitimate orauthori=ed representatives or agents of such owners who have in their possessioncounterfeit drugs which bear thetrademar8s, trade names or mar8s if theycan show the sales invoices or o@cialreceipts evidencing their purchase from adrugstore, manufacturer or distributorsuspected by them of dealing in counterfeitdrugs involving the trademar8s, trade

names and other similar identifying mar8sregistered in their names7 rovided,further, %hat such counterfeit productsshall be reported and immediately turnedover to the >ureau7 rovided, ureau

bD ossession of any such counterfeit drugs)However, any person found in possession of counterfeit drugs, in violation of this subsection,shall be e?empted from liability under theprovisions of this Act after7

D presentation of sales invoices, o@cial receiptsor other legally acceptable documentsevidencing his purchase thereof from adrugstore, distributor, manufacturer, hospitalpharmacy or dispensary or any other personor place duly licensed to sell and!or dispensedrugs or medicines and indicating therein thebatch and lot numbers, as well as the e?pirydates of such drugs or

0D presentation of certi


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gD should the o"ense be committed by a :uridical person the president, generalmanager, the managing partner, chief operating o@cer or the person who directlyinduces, causes or 8nowingly allows thecommission of the o"ense shall be penali=ed)

SECTI!N (. Administrative Proceedings.- %he>ureau is hereby further authori=ed to underta8e thefollowing administrative actions7

aD upon veriureau for the purpose shall segregate, sealand after having obtained a valid searchwarrant from a competent court, sei=e suchcounterfeit drugs and ta8e them intocustody7 rovided, %hat in case thesuspected counterfeit drugs are found in aprivate residence, as deureau, the duly authori=ed o@cer of the>ureau or deputi=ed o@cer thereof shallsecure a search warrant for the purpose of

sei=ing and ta8ing into custody suchsuspected counterfeit drugs

bD if, after the appropriate e?amination of thesamples by the >ureau, the sei=ed drugs aredetermined or found to be counterfeit, the>ureau shall, within CD days from theirsei=ure, issue an order directing thepreventive closure of the businessestablishment for a period not e?ceedingthirty C5.D days) %hereafter, administrativeproceedings shall be initiated by the >ureauagainst the parties concerned where theyshall have the opportunity to be heard andpresent evidence on their behalf and

cD to ensure the e"ective enforcement of theforegoing, the >ureau may enlist theassistance of the national or local lawenforcement agencies)

SECTI!N 7. Administrative Sanctions F Kponureau shall impose any or all of the followingsanctions7

aD permanent closure of the establishmentconcerned and the revocation of its licenseto business

bD a


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'n case any act prohibited in Section 3 hereof is alsopunishable under other laws, the o"ender shall, if warranted by the evidence, be prosecuted under thelaw prescribing the highest penalty)SECTI!N 9. A!!ro!riations F %he amountnecessary to carry out the provisions of this Act shallbe included in the 6eneral Appropriations Act for theyear following its enactment and every yearthereafter)SECTI!N 1. Im!lementation F %he >ureau of

&ood and (rugs of the (epartment of Health ishereby authori=ed to administer and supervise theimplementation of this Act)SECTI!N 11. Im!lementing Rules and Regulations* F Within ninety C1.D days from theapproval of this Act, the >ureau of &ood and (rugs,in consultation with the (epartment of Health, shallpromulgate the rules and regulations implementingthe provisions of this Act) %he implementing rulesand regulations issued pursuant to this section shallta8e e"ect thirty C5.D days after its publication intwo C0D national newspapers of general circulation)SECTI!N 12. Se!arability Clause F 'f, for anyreason, any portion or provision of this Act issubsequently declared unconstitutional or invalid,such declaration shall not nullify the other portions

or provisions hereof)SECTI!N 13) Re!ealing Clause. F all laws,decrees, e?ecutive or administrative orders, rules orregulations inconsistent with the provisions of thisAct are hereby or modi


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gD Co ec o o ge < Cabo * Cob ado *HCoriadorH or !ariants thereo=) - Any personwho collects, solicits or produces bets inbehalf of his!her principal for any illegalnumbers game who is usually in possessionof gambling paraphernalia)

hD Coordinator* Controller or #uper!isor o e e p oyees a d/oPublic )Gcials) - aD 'f the collector, agent,coordinator, controller, supervisor, maintainer,manager, operator, uardians) - %he penaltyof imprisonment from si? CID months and one CDday to one CD year or


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y yincapacitated person shall be deprived of his!herauthority over such person in addition to the penaltyimposed)

S$%. 7. Recidi!ism) - %he penalty ne?t higher indegree as provided for under Section 5 hereof shallbe imposed upon a recidivist who commits any of the o"enses punishable in this Act)

S$%. 8. +mmunity rom Prosecution) - Any personwho serves as a witness for the government orprovides evidence in a criminal case involving anyviolation of this Act, or who voluntarily or by virtueof a subpoena testi


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hilippines, by virtue of the powers in me vested bythe +onstitution, do hereby decree and order7

S$%t&o' 1. Sections and 0 paragraph of Section3 of residential (ecree #o) 1I. are hereby furtheramended to read as follows7

Sec) ) Amendment of Article 0., Revised enal

+ode) Article 0. of Act #umbered %hirty-Eighthundred and


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protection of life, property and dignity of theciti=enry in endangered by rampant mendicancy

WHEREAS, mendicancy breeds crime, creates tra@cha=ards, endangers health, and e?poses mendicantsto indignities and degradation and

WHEREAS, there is an immediate need to provide

appropriate services to enable mendicants to meettheir basic needs and develop self-reliance

#$W, %HERE&$RE, ', &ER('#A#( E) *AR+$S,resident of the hilippines, by virtue of the powersvested in me by the +onstitution, do hereby orderand decree7

S$%t&o' 1. Title And #cope ) The Decree. %his(ecree shall be 8nown as the *endicancy 9aw of 12/) 't shall apply to all mendicants, and e?ploitedinfants or children who are / years old and below,minors found begging and covered by residential(ecree #o) I.5 and parents of e?ploited infants and

children criminally liable under Article 1 and I. of residential (ecree #o) I.5)

S$%t&o' 2. Purpose. %his (ecree shall beinterpreted so as to, among others7

a) revent the commission of mendicancy

b) revent the e?ploitation of infants andchildren through mendicancy and providehabilitative services for those alreadye?ploited or in immediate danger of e?ploitation and

c) romote the rehabilitation of minors foundbegging and mendicants by providing an

preventive, habilitative interceptive,remedial, and!or rehabilitative services)

S$%t&o' 3. Defnition ) Terms. As used in this(ecree, the following shall, unless the conte?totherwise requires, be construed thus7

a) *endicant refers to any person, e?cept

those enumerated in Section 3 of this(ecree, who has no visible and legal meansof support, or lawful employment and who isphysically able to wor8 but neglects to applyhimself to some lawful calling and insteaduses begging as a means of living)

b) E?ploited 'nfant or +hild refers to aninfant or child / years and below who is usedin begging or one who accompanies ahabitual vagrant or beggar)

c Habitual *endicant refers to one whohas been convicted of mendicancy under

this (ecree two or more times)

d) (uly 9icensed +hild lacement Agencyor 'ndividual is an institution or personlicensed by the (epartment of SocialServices and (evelopment to assume thecare, custody, protection and maintenanceof children for placement in any child-caringinstitution or home under the care andcustody of any person for purposes of adoption, guardianship or foster care)

e) 'ntegrated (evelopmental ac8age of Services include the following7

that forestall the occurrence of situations identi


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Persons ,ound "egging. Any infants or child / yearsold and below who is found begging or is beingutili=ed by a mendicant for purposes of begging shallbe apprehended as a neglected child under Article3 of ( I.5 and shall be committed to thecustody and care of the (epartment of SocialServices and (evelopment or to any duly licensedchild placement agency or individual)

Any minor over 1 years of age under foundbegging or is being utili=ed for purposes of beggingand who acted without discernment shall beapprehended as a neglected child under Article 3of residential (ecree #o) I.5 and shall becommitted to the custody and care of the(epartment of Social Services and (evelopment orto any duly licensed placement agency or individual)

Any minor over 1 years of age and under who isfound begging or is being utili=ed for the purpose of begging and who acted with discernment shall beproceeded against in accordance with the provisionsof +hapter 5, %itle ;''' of residential (ecree #o)

I.5)

Any person not otherwise covered in the precedingparagraph of this Section who is found begging andwho is physically or mentally incapable of gainfuloccupation shall be provided the integrated pac8ageof services by the (epartment of Social Services and(evelopment, the Welfare units of localgovernments and other cooperating agencies)

S$%t&o' 5. Criminal 6iability. A mendicant asde


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the year of $ur 9ord, nineteen hundred and seventy-eight)

@ REP)"LIC ACT N!. 1158

AN ACT DECRI*INALIING +AGRANCY,A*ENDING #!R THIS P)RP!SE ARTICLE 22!# ACT N!. 3815, AS A*ENDED, !THERISE

N!N AS THE RE+ISED PENAL C!DE

"e it enacted by the #enate and $ouse o Representati!es o the Philippines in Congressassembled%

SE+%'$# ) Article 0.0 of the Revised enal +ode ishereby, amended to read as follows7

QArticle 0.0) Prostitutes Penalty. F &or the purposesof this article, women who, for money or pro


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achieve the consent of a person havingcontrol over another person for the purposeof e?ploitation which includes at a minimum,the e?ploitation or the prostitution of othersor other forms of se?ual e?ploitation, forcedlabor or services, slavery, servitude or theremoval or sale of organs)

%he recruitment, transportation, transfer,harboring or receipt of a child for thepurpose of e?ploitation shall also beconsidered as tra@c8ing in persons even if it does not involve any of the means setforth in the preceding paragraph)

CbD Child - refers to a person below eighteenC/D years of age or one who is overeighteen C/D but is unable to fully ta8e careof or protect himself!herself from abuse,neglect, cruelty, e?ploitation, ordiscrimination because of a physical ormental disability or condition)

CcD Prostitution - refers to any act,transaction, scheme or design involving theuse of a person by another, for se?ualintercourse or lascivious conduct ine?change for money, pro


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persons for the purpose of prostitution,pornography, se?ual e?ploitation, forcedlabor, slavery, involuntary servitude or debtbondage

CgD %o recruit, hire, adopt, transport orabduct a person, by means of threat or useof force, fraud, deceit, violence, coercion, orintimidation for the purpose of removal orsale of organs of said person and

ChD %o recruit, transport or adopt a child toengage in armed activities in the hilippinesor abroad)

S$%t&o' 5. Acts that Promote TraGcBing inPersons. - %he following acts which promote orfacilitate tra@c8ing in persons, shall be unlawful7

CaD %o 8nowingly lease or sublease, use orallow to be used any house, building orestablishment for the purpose of promotingtra@c8ing in persons

CbD %o produce, print and issue or distributeunissued, tampered or fa8e counselingcerti


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p precogni=e the right to privacy of the tra@c8edperson and the accused) %owards this end, lawenforcement o@cers, prosecutors and :udges towhom the complaint has been referred may,whenever necessary to ensure a fair and impartialproceeding, and after considering all circumstancesfor the best interest of the parties, order a closed-door investigation, prosecution or trial) %he name

and personal circumstances of the tra@c8ed personor of the accused, or any other information tendingto establish their identities and such circumstancesor information shall not be disclosed to the public)

'n cases when prosecution or trial is conductedbehind closed-doors, it shall be unlawful for anyeditor, publisher, and reporter or columnist in caseof printed materials, announcer or producer in caseof television and radio, producer and director of a


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result in the immediate rescission of thedecree of adoption)

S$%t&o' 11. se o TraGcBed Persons) - Any personwho buys or engages the services of tra@c8edpersons for prostitution shall be penali=ed as follows7

CaD &irst o"ense - si? CID months of community service as may be determinedby the court and a


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travel documents to reduce the incidence of tra@c8ing through the use of fraudulentidentiD and other #6$s and volunteer groups)

participate and coordinate in the formulationand monitoring of policies addressing theissue of tra@c8ing in persons in coordinationwith relevant government agencies) 't shallli8ewise advocate for the inclusion of theissue of tra@c8ing in persons in both itslocal and international advocacy forwomenGs issues)

CfD >ureau of 'mmigration C>'D - shall strictlyadminister and enforce immigration andalien administration laws) 't shall adoptmeasures for the apprehension of suspectedtra@c8ers both at the place of arrival anddeparture and shall ensure compliance bythe &ilipino ureau of 'mmigration CcD *onitor and oversee the strictimplementation of this Act


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'n this regard, the consent of a tra@c8ed person tothe intended e?ploitation set forth in this Act shallbe irrelevant)

S$%t&o' 18. Preerential Entitlement nder the0itness Protection Program) - Any provision of Republic Act #o) I1/ to the contrarynotwithstanding, any tra@c8ed person shall be

entitled to the witness protection program providedtherein)

S$%t&o' 19. TraGcBed Persons 0ho are ,oreign@ationals) - Sub:ect to the guidelines issued by the+ouncil, tra@c8ed persons in the hilippines who arenationals of a foreign country shall also be entitledto appropriate protection, assistance and servicesavailable to tra@c8ed persons under thisAct7 Pro!ided, %hat they shall be permittedcontinued presence in the hilippines for a length of time prescribed by the +ouncil as necessary toe"ect the prosecution of o"enders)

S$%t&o' 2. +nterAgency Council Against TraGcBing) - %here is hereby established an 'nter-Agency +ouncil Against %ra@c8ing, to be composedof the Secretary of the (epartment of 4ustice as+hairperson and the Secretary of the (epartment of Social Welfare and (evelopment as +o-+hairpersonand shall have the following as members7

CaD Secretary, (epartment of &oreign A"airs

CbD Secretary, (epartment of 9abor andEmployment

CcD Administrator, hilippine $verseas

Employment Administration

CeD (irector-6eneral, hilippine #ationalolice

CfD +hairperson, #ational +ommission on theRole of &ilipino Women and

CgD %hree C5D representatives from #6$s,

who shall be composed of one CDrepresentative each from among the sectorsrepresenting women, overseas &ilipinowor8ers C$&WsD and children, with a provenrecord of involvement in the prevention andsuppression of tra@c8ing in persons) %heserepresentatives shall be nominated by thegovernment agency representatives of the+ouncil, for appointment by the resident fora term of three C5D years)

%he members of the +ouncil may designatetheir permanent representatives who shallhave a ran8 not lower than an assistantsecretary or its equivalent to meetings, andshall receive emoluments as may bedetermined by the +ouncil in accordancewith e?isting budget and accounting, rulesand regulations)

S$%t&o' 21. ,unctions o the Council) - %he +ouncilshall have the following powers and functions7

CaD &ormulate a comprehensive andintegrated program to prevent and suppressthe tra@c8ing in persons

CbD romulgate rules and regulations as maybe necessary for the e"ectiveimplementation of this Act

CdD +oordinate the programs and pro:ects of the various member agencies to e"ectivelyaddress the issues and problems attendantto tra@c8ing in persons

CeD +oordinate the conduct of massiveinformation dissemination and campaign onthe e?istence of the law and the variousissues and problems attendant to tra@c8ingthrough the 96Ks, concerned agencies, and#6$s

CfD (irect other agencies to immediatelyrespond to the problems brought to theirattention and report to the +ouncil on actionta8en

CgD Assist in


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under Republic Act #o) /.30, otherwise8nown as the *igrant Wor8ers and$verseas &ilipinos Act of 11 with data oncases of tra@c8ing in persons, and ensurethat the proper agencies conduct acontinuing research and study on thepatterns and scheme of tra@c8ing inpersons which shall form the basis for policy

formulation and program direction

C8D (evelop the mechanism to ensure thetimely, coordinated, and e"ective responseto cases of tra@c8ing in persons

ClD Recommend measures to enhancecooperative e"orts and mutual assistanceamong foreign countries through bilateraland!or multilateral arrangements to preventand suppress international tra@c8ing inpersons

CmD +oordinate with the (epartment of

%ransportation and +ommunications C($%+D,(epartment of %rade and 'ndustry C(%'D, andother #6$s in monitoring the promotion of advertisement of tra@c8ing in the internet

CnD Adopt measures and policies to protectthe rights and needs of tra@c8ed personswho are foreign nationals in the hilippines

CoD 'nitiate training programs in identifyingand providing the necessary intervention orassistance to tra@c8ed persons and

CpD E?ercise all the powers and perform such

other functions necessary to attain thepurposes and ob:ectives of this Act)

Secretariat for the +ouncil)

S$%t&o' 23. 5andatory #er!ices to TraGcBedPersons) - %o ensure recovery, rehabilitation andreintegration into the mainstream of society,concerned government agencies shall ma8eavailable the following services to tra@c8edpersons7

CaD Emergency shelter or appropriatehousing

CbD +ounseling

CcD &ree legal services which shall includeinformation about the victimsG rights and theprocedure for


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to +ongress an annual report of the policies,programs and activities relative to theimplementation of this Act)

S$%t&o' 28. ,unding. %he heads of thedepartments and agencies concerned shallimmediately include in their programs and issuesuch rules and regulations to implement the

provisions of this Act, the funding of which shall beincluded in the annual 6eneral Appropriations Act)

S$%t&o' 29. +mplementing Rules and Regulations. %he +ouncil shall promulgate the necessaryimplementing rules and regulations within si?ty CI.Ddays from the e"ectivity of this Act)

S$%t&o' 3. @onrestriction o ,reedom o #peechand o Association* Religion and the Right to Tra!el. #othing in this Act shall be interpreted as arestriction of the freedom of speech and of association, religion and the right to travel forpurposes not contrary to law as guaranteed by the

+onstitution)

S$%t&o' 31. #eparability Clause. 'f, for any reason,any section or provision of this Act is heldunconstitutional or invalid, the other sections orprovisions hereof shall not be a"ected thereby)

S$%t&o' 32. Repealing clause. All laws,presidential decrees, e?ecutive orders and rules andregulations, or parts thereof, inconsistent with theprovisions of this Act are hereby repealed ormodiR'>ES A#( $%HER 6'&%S A#( %$ %HE'RA++$*9'+ES '# >R'>ERN A#( $%HER 6RA&% +ASESA6A'#S% K>9'+ $&&'+ERS

WHEREAS, public o@ce is a public trust7 public

o@cers are but servants of the people, whom theymust serve with utmost


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dishonest public servants owing to the lac8 of witnesses7 the bribe or giftgivers being alwaysreluctant to testify against the corrupt public o@cialsand employees concerned for fear of being indictedand convicted themselves of bribery and corruption

WHEREAS, it is better by far and more sociallydesirable, as well as :ust, that the bribe or gift giver

be granted immunity from prosecution so that hemay freely testify as to the o@cial corruption, thanthat the o@cial who receives the bribe or gift shouldbe allowed to go free, insolently remaining in publico@ce, and continuing with his nefarious and corruptpractices, to the great detriment of the publicservice and the public interest)

#$W, %HERE&$RE, ', &ER('#A#( E) *AR+$S,resident of the hilippines, by virtue of the powersin me vested by the +onstitution, do hereby decreeand order that7

Section ) Any person who voluntarily gives

information about any violation of Articles 0., 0and 00 of the Revised enal +ode, Republic Act#umbered %hree %housand #ineteen, as amended7Section 53 of the 'nternal Revenue +ode andSection 5I.3 of the %ari" and +ustoms +ode andother provisions of the said +odes penali=ing abuseor dishonesty on the part of the public o@cialsconcerned and other laws, rules and regulationspunishing acts of graft, corruption and other formsof o@cial abuse and who willingly testi


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CaD 6overnment includes the nationalgovernment, the local governments, thegovernment-owned and government-controlled corporations, and all otherinstrumentalities or agencies of the Republicof the hilippines and their branches)

CbD ublic o@cer includes elective andappointive o@cials and employees,permanent or temporary, whether in theclassi


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the action of the board, committee, panel orgroup)

'nterest for personal gain shall be presumedagainst those public o@cers responsible forthe approval of manifestly unlawful,inequitable, or irregular transaction or acts

by the board, panel or group to which theybelong)

C:D nowingly approving or granting anylicense, permit, privilege or bene


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income, the amounts of his personal and familye?penses and the amount of income ta?es paid forthe ne?t preceding calendar year7 rovided, %hatpublic o@cers assuming o@ce less than two monthsbefore the end of the calendar year, may an8 deposits shall be ta8en into consideration inthe enforcement of this section, notwithstanding anyprovision of law to the contrary)

S$%t&o' 9. Penalties or !iolations. CaD Any publico@cer or private person committing any of theunlawful acts or omissions enumerated in Sections5, 3, and I of this Act shall be punished withimprisonment for not less than one year nor morethan ten years, perpetual disquali


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AN ACT DECLARING #!R#EIT)RE IN #A+!R !#THE STATE ANY PR!PERTY #!)ND T! HA+E"EEN )NLA#)LLY AC)IRED "Y ANY P)"LIC!##ICER !R E*PL!YEE AND PR!+IDING #!RTHE PR!CEEDINGS THERE#!R.

S$%t&o' 1. Defnitions. CaD &or the purposes of thisAct, a public o@cer or employee means anyperson holding any public o@ce or employment byvirtue of an appointment, election or contract, andany person holding any o@ce or employment, byappointment or contract, in any State owned orcontrolled corporation or enterprise)

CbD $ther legitimately acquired propertymeans any real or personal property, moneyor securities which the respondent has atany time acquired by inheritance and theincome thereof, or by gift inter vivos beforehis becoming a public o@cer or employee,

or any property Cor income thereofD alreadypertaining to him when he quali


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opportunity to e?plain, to the satisfaction of thecourt, how he has acquired the property in question)

S$%t&o' (. 1udgment. 'f the respondent is unable toshow to the satisfaction of the court that he haslawfully acquired the property in question, then thecourt shall declare such property, forfeited in favor

of the State, and by virtue of such :udgment theproperty aforesaid shall become property of theState7 Pro!ided, %hat no :udgment shall be renderedwithin si? months before any general election orwithin three months before any special election) %he+ourt may, in addition, refer this case to thecorresponding E?ecutive (epartment foradministrative or criminal action, or both)

S$%t&o' 7. Appeal. %he parties may appeal from the :udgment of the +ourt of &irst 'nstance as providedin the Rules of +ourt for appeals in civil cases)

S$%t&o' 8. Protection against sel

incrimination. #either the respondent nor any otherperson shall be e?cused from attending andtestifying or from producing boo8s, papers,correspondence, memoranda and other records onthe ground that the testimony or evidence,documentary or otherwise, required of him may tendto incriminate him or sub:ect him to prosecution butno individual shall be prosecuted criminally for or onaccount of any transaction, matter or thingconcerning which he is compelled, after havingclaimed his privilege against self-incrimination, totestify or produce evidence, documentary orotherwise, e?cept that such individual so testifyingshall not be e?empt from prosecution and convictionfor per:ury or false testimony committed in so

testifying or from administrative proceedings)

the respondent has acquired any of the property inquestion in cases where such testimony is necessaryto prove violations of this Act)

S$%t&o' 1. Eect o record o title. %he fact thatany real property has been recorded in the Registryof roperty or o@ce of the Register of (eeds in the

name of the respondent or of any person mentionedin paragraphs CD and C0D of subsection CbD of sectionone hereof shall not prevent the rendering of the

:udgment referred to in section si? of this Act)

S$%t&o' 11. 6aws on prescription. %he lawsconcerning acquisitive prescription and limitation of actions cannot be invo8ed by, nor shall they bene


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schemes7

D %hrough misappropriation,conversion, misuse, or malversationof public funds or raids on the publictreasury

0D >y receiving, directly or indirectly,any commission, gift, share,percentage, 8ic8bac8s or any otherform of pecuniary beney the illegal or fraudulentconveyance or disposition of assetsbelonging to the #ational6overnment or any of its

subdivisions, agencies orinstrumentalities or government-owned or -controlled corporationsand their subsidiaries

3D >y obtaining, receiving oraccepting directly or indirectly anyshares of stoc8, equity or any otherform of interest or participationincluding promise of futureemployment in any businessenterprise or underta8ing

D >y establishing agricultural,

industrial or commercial monopoliesor other combinations and!or

ID >y ta8ing undue advantage of o@cial posit ion, authority,relationship, connection or inBuenceto un:ustly enrich himself orthemselves at the e?pense and tothe damage and pre:udice of the

&ilipino people and the Republic of the hilippines)

See Section 0 As amended by Section 0 of RA#o)2I1S$%t&o' 2. De.nition of the Crime of Plunder;Penalties - Any public o@cer who, by himself or inconnivance with members of his family, relatives bya@nity or consanguinity, business associates,subordinates or other persons, amasses,accumulates or acquires ill-gotten wealth through acombination or series of overt or criminal acts asdescribed in Section CdD hereof, in the aggregateamount or total value of at least Seventy-


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S$%t&o' 8. Sco!e - %his Act shall not apply to ora"ect pending prosecutions or proceedings, or thosewhich may be instituted under E?ecutive $rder #o), issued and promulgated on &ebruary 0/, 1/I)

S$%t&o' 9. "#ectivity - %his Act shall ta8e e"ectafter


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crim 2 special laws up to plunder!!!!!!

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