Vanessa M. Velasco JD-1C Section 1.

 Short Title. – This Act shall be known as the "Comprehensive

Firearms and Ammunition Regulation Act".
Special Penal Laws Reviewer (Midterm)
Section 2. Declaration of State Policy. – It is the policy of the State to
No. Topic Page maintain peace and order and protect the people against violence. The State
1 R.A. 10591 1 also recognizes the right of its qualified citizens to self-defense through,
a. What is a firearm? 11 when it is the reasonable means to repel the unlawful aggression under the
b. Imitation and Unregistered firearms 11 circumstances, the use of firearms. Towards this end, the State shall provide
c. Categories: Small arms and Light weapons 12 for a comprehensive law regulating the ownership, possession, carrying,
d. What are the punishable acts under R.A. 10591? 12 manufacture, dealing in and importation of firearms, ammunition, or parts
2 R.A. 7610 12 thereof, in order to provide legal support to law enforcement agencies in
a. What are the categories of offenses under R.A. 19 their campaign against crime, stop the proliferation of illegal firearms or
7610? weapons and the illegal manufacture of firearms or weapons, ammunition
b. What are the state policies regarding R.A. 7610? 19 and parts thereof.
c. Prostitution and Sexual abuse 19
d. Is the “Sweetheart theory” applicable if the party 20 Section 3. Definition of Terms. – As used in this Act:
is below 18 years old?
e. People vs. Ursua G.R. No. 218575 (2017) 20 (a) Accessories  refer to parts of a firearm which may enhance or increase
f. Malto vs. People G.R. No. 164733 (2007) 24 the operational efficiency or accuracy of a firearm but will not constitute any
g. People vs. CA G.R. No. 171863 (2008) 31 of the major or minor internal parts thereof such as, hut not limited to, laser
3 R.A. 9208 34 scope, telescopic sight and sound suppressor or silencer.

1. R.A. 10591 (b) Ammunition  refers to a complete unfixed unit consisting of a bullet,

gunpowder, cartridge case and primer or loaded shell for use in any firearm.
Fifteenth Congress
Third Regular Session (c) Antique firearm  refers to any: (1) firearm which was manufactured at
least seventy-five (75) years prior to the current date but not including
Begun and held in Metro Manila, on Monday, the twenty-third day of July, replicas; (2) firearm which is certified by the National Museum of the
two thousand twelve. Philippines to be curio or relic of museum interest; and (3) any other firearm
which derives a substantial part of its monetary value from the fact that it is
novel, rare, bizarre or because of its association with some historical figure,
REPUBLIC ACT No. 10591
period or event.

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS

(d) Arms smuggling  refers to the import, export, acquisition, sale, delivery,
AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS
movement or transfer of firearms, their parts and components and
THEREOF
ammunition, from or across the territory of one country to that of another
country which has not been authorized in accordance with domestic law in
Be it enacted by the Senate and House of Representatives of the Philippines either or both country/countries.
in Congress assembled:
(e) Authority to import  refers to a document issued by the Chief of the
ARTICLE I Philippine National Police (PNP) authorizing the importation of firearms, or
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS their parts, ammunition and other components.

Page 1 of 41
(f) Authorized dealer  refers to any person, legal entity, corporation, (n) Forfeited firearm  refers to a firearm that is subject to forfeiture by
partnership or business entity duly licensed by the Firearms and Explosive reason of court order as accessory penalty or for the disposition by the FEO
Office (FEO) of the PNP to engage in the business of buying and selling of the PNP of firearms considered as abandoned, surrendered, confiscated or
ammunition, firearms or parte thereof, at wholesale or retail basis. revoked in compliance with existing rules and regulations.

(g) Authorized importer  refers to any person, legal entity, corporation, (o) Gun club  refers to an organization duly registered with and accredited in
partnership or business duly licensed by the FEO of the PNP to engage in the good standing by the FEO of the PNP which is established for the purpose of
business of importing ammunition and firearms, or parts thereof into the propagating responsible and safe gun ownership, proper appreciation and
territory of the Republic of the Philippines for purposes of sale or distribution use of firearms by its members, for the purpose of sports and shooting
under the provisions of this Act. competition, self-defense and collection purposes.

(h) Authorized manufacturer  refers to any person, legal entity, corporation, (p) Gunsmith  refers to any person, legal entity, corporation, partnership or
or partnership duly licensed by the FEO of the PNP to engage in the business business duly licensed by the FEO of the PNP to engage in the business of
of manufacturing firearms, and ammunition or parts thereof for purposes of repairing firearms and other weapons or constructing or assembling firearms
sale or distribution.1âwphi1 and weapons from finished or manufactured parts thereof on a per order
basis and not in commercial quantities or of making minor parts for the
(i) Confiscated firearm  refers to a firearm that is taken into custody by the purpose of repairing or assembling said firearms or weapons.
PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law enforcement agencies by reason of their (q) Imitation firearm  refers to a replica of a firearm, or other device that is
mandate and must be necessarily reported or turned over to the PEO of the so substantially similar in coloration and overall appearance to an existing
PNP. firearm as to lead a reasonable person to believe that such imitation firearm
is a real firearm.
(j) Demilitarized firearm  refers to a firearm deliberately made incapable of
performing its main purpose of firing a projectile. (r) Licensed citizen  refers to any Filipino who complies with the qualifications
set forth in this Act and duly issued with a license to possess or to carry
(k) Duty detail order  refers to a document issued by the juridical entity or firearms outside of the residence in accordance with this Act.
employer wherein the details of the disposition of firearm is spelled-out, thus
indicating the name of the employee, the firearm information, the specific (s) Licensed, juridical entity  refers to corporations, organizations, businesses
duration and location of posting or assignment and the authorized bonded including security agencies and local government units (LGUs) which are
firearm custodian for the juridical entity to whom such firearm is turned over licensed to own and possess firearms in accordance with this Act.
after the lapse of the order.
(t) Light weapons  are: Class-A Light weapons which refer to self-loading
(l) Firearm  refers to any handheld or portable weapon, whether a small arm pistols, rifles and carbines, submachine guns, assault rifles and light machine
or light weapon, that expels or is designed to expel a bullet, shot, slug, guns not exceeding caliber 7.62MM which have fully automatic mode; and
missile or any projectile, which is discharged by means of expansive force of Class-B Light weapons which refer to weapons designed for use by two (2)
gases from burning gunpowder or other form of combustion or any similar or more persons serving as a crew, or rifles and machine guns exceeding
instrument or implement. For purposes of this Act, the barrel, frame or caliber 7.62MM such as heavy machine guns, handheld underbarrel and
receiver is considered a firearm. mounted grenade launchers, portable anti-aircraft guns, portable anti-tank
guns, recoilless rifles, portable launchers of anti-tank missile and rocket
(m) Firearms Information Management System (FIMS)  refers to the systems, portable launchers of anti-aircraft missile systems, and mortars of a
compilation of all data and information on firearms ownership and disposition caliber of less than 100MM.
for record purposes.

Page 2 of 41
(u) Long certificate of registration  refers to licenses issued to government employer department, agency or government-owned or -controlled
agencies or offices or government-owned or -controlled corporations for corporation a firearm covered by the long certificate of registration.
firearms to be used by their officials and employees who are qualified to
possess firearms as provider in this Act, excluding security guards. (dd) Small arms  refer to firearms intended to be or primarily designed for
individual use or that which is generally considered to mean a weapon
(v) Loose firearm  refers to an unregistered firearm, an obliterated or altered intended to be fired from the hand or shoulder, which are not capable of
firearm, firearm which has been lost or stolen, illegally manufactured fully automatic bursts of discharge, such as:
firearms, registered firearms in the possession of an individual other than the
licensee and those with revoked licenses in accordance with the rules and (1) Handgun which is a firearm intended to be fired from the hand, which
regulations. includes:

(w) Major part or components of a firearm  refers to the barrel, slide, frame, (i) A pistol which is a hand-operated firearm having a chamber integral with
receiver, cylinder or the bolt assembly. The term also includes any part or kit or permanently aligned with the bore which may be self-loading; and
designed and intended for use in converting a semi-automatic burst to a full
automatic firearm. (ii) Revolver which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
(x) Minor parts of a firearm  refers to the parts of the firearm other than the
major parts which are necessary to effect and complete the action of (2) Rifle which is a shoulder firearm or designed to be fired
expelling a projectile by way of combustion, except those classified as from the shoulder that can discharge a bullet through a
accessories. rifled barrel by different actions of loading, which may be
classified as lever, bolt, or self-loading; and
(y) Permit to carry firearm outside of residence  refers to a written authority
issued to a licensed citizen by the Chief of the PNP which entitles such (3) Shotgun which is a weapon designed, made and
person to carry his/her registered or lawfully issued firearm outside of the intended to fire a number of ball shots or a single projectile
residence for the duration and purpose specified in the authority. through a smooth bore by the action or energy from burning
gunpowder.
(z) Permit to transport firearm  refers to a written authority issued to a
licensed citizen or entity by the Chief of the PNP or by a PNP Regional (ee) Sports shooting competition  refers to a defensive, precision or practical
Director which entitles such person or entity to transport a particular firearm sport shooting competition duly authorized by the FEO of the PNP.
from and to a specific location within the duration and purpose in the
authority.
(ff) Tampered, obliterated  or altered firearm  refers to any firearm whose
serial number or other identification or ballistics characteristics have been
(aa) Residence  refers to the place or places of abode of the licensed citizen intentionally tampered with, obliterated or altered without authority or in
as indicated in his/her license. order to conceal its source, identity or ownership.

(bb) Shooting range  refers to a facility established for the purpose of (gg) Thermal weapon sight  refers to a battery operated, uncooled thermal
firearms training and skills development, firearm testing, as well as for sports imaging device which amplifies available thermal signatures so that the
and competition shooting either for the exclusive use of its members or open viewed scene becomes clear to the operator which is used to locate and
to the general public, duly registered with and accredited in good standing engage targets during daylight and from low light to total darkness and
by the FEO of the PNP. operates in adverse conditions such as light rain, light snow, and dry smoke
or in conjunction with other optical and red dot sights.
(cc) Short certificate of registration  refers to a certificate issued by the FEO
of the PNP for a government official or employee who was issued by his/her

Page 3 of 41
 ARTICLE II The applicant shall pay the reasonable licensing fees as may be provided in
OWNERSHIP AND POSSESSION OF FIREARMS the implementing rules and regulations of this Act.

Section 4. Standards and Requisites for Issuance of and Obtaining a An applicant who intends to possess a firearm owned by a juridical entity
License to Own and Possess Firearms. – In order to qualify and acquire a shall submit his/her duty detail order to the FEO of the PNP.
license to own and possess a firearm or firearms and ammunition, the
applicant must be a Filipino citizen, at least twenty-one (21) years old and Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A
has gainful work, occupation or business or has filed an Income Tax Return juridical person maintaining its own security force may be issued a regular
(ITR) for the preceding year as proof of income, profession, business or license to own and possess firearms and ammunition under the following
occupation. conditions:

In addition, the applicant shall submit the following certification issued by (a) It must be Filipino-owned and duly registered with the Securities
appropriate authorities attesting the following: and Exchange Commission (SEC);

(a) The applicant has not been convicted of any crime involving (b) It is current, operational and a continuing concern;
moral turpitude;
(c) It has completed and submitted all its reportorial requirements to
(b) The applicant has passed the psychiatric test administered by a the SEC; and
PNP-accredited psychologist or psychiatrist;
(d) It has paid all its income taxes for the year, as duly certified by
(c) The applicant has passed the drug test conducted by an the Bureau of Internal Revenue.
accredited and authorized drug testing laboratory or clinic;
The application shall be made in the name of the juridical person
(d) The applicant has passed a gun safety seminar which is represented by its President or any of its officers mentioned below as duly
administered by the PNP or a registered and authorized gun club; authorized in a board resolution to that effect: Provided,  That the officer
applying for the juridical entity, shall possess all the qualifications required of
(e) The applicant has filed in writing the application to possess a a citizen applying for a license to possess firearms.
registered firearm which shall state the personal circumstances of
the applicant; Other corporate officers eligible to represent the juridical person are: the vice
president, treasurer, and board secretary.
(f) The applicant must present a police clearance from the city or
municipality police office; and Security agencies and LGUs shall be included in this category of licensed
holders but shall be subject to additional requirements as may be required
(g) The applicant has not been convicted or is currently an accused by the Chief of the PNP.
in a pending criminal case before any court of law for a crime that is
punishable with a penalty of more than two (2) years. Section 6. Ownership of Firearms by the National Government.  – All
firearms owned by the National Government shall be registered with the FEO
For purposes of this Act, an acquittal or permanent dismissal of a criminal of the PNP in the name of the Republic of the Philippines. Such registration
case before the courts of law shall qualify the accused thereof to qualify and shall be exempt from all duties and taxes that may otherwise be levied on
acquire a license. other authorized owners of firearms. For reason of national security, firearms
of the Armed Forces of the Philippines (AFP), Coast Guard and other law
enforcement agencies shall only be reported to the FEO of the PNP.

Page 4 of 41
Section 7. Carrying of Firearms Outside of Residence or Place of Business. – Type 3 license – allows a citizen to own and possess a maximum of
A permit to carry firearms outside of residence shall be issued by the Chief of ten (10) registered firearms;
the PNP or his/her duly authorized representative to any qualified person
whose life is under actual threat or his/her life is in imminent danger due to Type 4 license – allows a citizen to own and possess a maximum of
the nature of his/her profession, occupation or business. fifteen (15) registered firearms; and

It shall be the burden of the applicant to prove that his/her life is under Type 5 license – allows a citizen, who is a certified gun collector, to
actual threat by submitting a threat assessment certificate from the PNP. own and possess more than fifteen (15) registered firearms.

For purposes of this Act, the following professionals are considered to be in For Types 1 to 5 licenses, a vault or a container secured by lock and key or
imminent danger due to the nature of their profession, occupation or other security measures for the safekeeping of firearms shall be required.
business:
For Types 3 to 5 licenses, the citizen must comply with the inspection and
(a) Members of the Philippine Bar; bond requirements.
(b) Certified Public Accountants;
(c) Accredited Media Practitioners; Section 10. Firearms That May Be Registered. – Only small arms may be
(d) Cashiers, Bank Tellers; registered by licensed citizens or licensed juridical entities for ownership,
(e) Priests, Ministers, Rabbi, Imams; possession and concealed carry. A light weapon shall be lawfully acquired or
(f) Physicians and Nurses; possessed exclusively by the AFP, the PNP and other law enforcement
(g) Engineers; and agencies authorized by the President in the performance of their
(h) Businessmen, who by the nature of their business or duties: Provided,  That private individuals who already have licenses to
undertaking, are exposed to high risk of being targets of criminal possess Class-A light weapons upon the effectivity of this Act shall not be
elements. deprived of the privilege to continue possessing the same and renewing the
licenses therefor, for the sole reason that these firearms are Class "A" light
ARTICLE III weapons, and shall be required to comply with other applicable provisions of
REGISTRATION AND LICENSING this Act.

Section 8. Authority to Issue License. – The Chief of the PNP, through the Section 11. Registration of Firearms. – The licensed citizen or licensed
FEO of the PNP, shall issue licenses to qualified individuals and to cause the juridical entity shall register his/her/its firearms so purchased with the FEO of
registration of firearms. the PNP in accordance with the type of license such licensed citizen or
licensed juridical entity possesses. A certificate of registration of the firearm
Section 9. Licenses Issued to Individuals. – Subject to the requirements set shall be issued upon payment of reasonable fees.
forth in this Act and payment of required fees to be determined by the Chief
of the PNP, a qualified individual may be issued the appropriate license For purposes of this Act, registration refers to the application, approval,
under the following categories; record-keeping and monitoring of firearms with the FEO of the PNP in
accordance with the type of license issued to any person under Section 9 of
Type 1 license – allows a citizen to own and possess a maximum of this Act.
two (2) registered firearms;

Type 2 license – allows a citizen to own and possess a maximum of

five (5) registered firearms;

Page 5 of 41
Section 12. License to Possess Ammunition Necessarily Included.  – The Section 14. Scope of License to Manufacture Firearms and Ammunition.  –
licenses granted to qualified citizens or juridical entities as provided in The scope of the License to Manufacture firearms and ammunition shall also
Section 9 of this Act shall include the license to possess ammunition with a include the following:
maximum of fifty (50) rounds for each registered firearm: Provided;  That the
FEO of the PNP may allow more ammunition to be possessed by licensed (a) The authority to manufacture and assemble firearms,
sports shooters. ammunition, spare parts and accessories, ammunition components,
and reloading of ammunitions, within sites, areas, and factories
Section 13. Issuance of License to Manufacture or Deal In Firearms and stated therein. The Secretary of the DILG shall approve such license;
Ammunition. – Any person desiring to manufacture or deal in firearms, parts
of firearms or ammunition thereof, or instruments and implements used or (b) The license to deal in or sell all the items covered by the License
intended to be used in the manufacture of firearms, parts of firearms or to Manufacture, such as parts, firearms or ammunition and
ammunition, shall make an application to: components;

(a) The Secretary of the Department of the Interior and Local (c) The authority to subcontract the manufacturing of parts and
Government (DILG) in the case of an application for a license to accessories necessary for the firearms which the manufacturer is
manufacture; and licensed to manufacture: Provided,  That the subcontractor of major
parts or major components is also licensed to manufacture firearms
(b) The Chief of the PNP in the case of a license to deal in firearms and ammunition; and
and firearms parts, ammunition and gun repair.
(d) The authority to import machinery, equipment, and firearm parts
The applicant shall state the amount of capitalization for manufacture or cost and ammunition components for the manufacture thereof. Firearm
of the purchase and sale of said articles intended to be transacted by such parts and ammunition components to be imported shall, however, be
applicant; and the types of firms, ammunition or implements which the limited to those authorized to be manufactured as reflected in the
applicant intends to manufacture or purchase and sell under the license approved License to Manufacture. The Import Permit shall be under
applied for; and such additional information as may be especially requested the administration of the PNP.
by the Secretary of the DILG or the Chief of the PNP.
A licensed manufacturer of ammunition is also entitled to import various
The Secretary of the DILG or the Chief of the PNP may approve or reference firearms needed to test the ammunition manufactured under the
disapprove such application based on the prescribed guidelines. In the case License to Manufacture. A licensed manufacturer of firearms, on the other
of approval, the Secretary of the DILG or the Chief of the PNP shall indicate hand, is entitled to import various firearms for reference, test and evaluation
the amount of the bond to be executed by the applicant before the issuance for manufacture of similar, types of firearms covered by the License to
of the license and the period of time by which said license shall be effective, Manufacture.
unless sooner revoked by their authority.
An export permit shall, however, be necessary to export manufactured parts
Upon approval of the license to manufacture or otherwise deal in firearms by or finished products of firearms and ammunition. The Export Permit of
the Secretary of the DILG or the Chief of the PNP as the case may be, the firearms and ammunition shall be under the administration of the PNP.
same shall be transmitted to the FEO of the PNP which shall issue the license
in accordance with the approved terms and conditions, upon the execution Section 15. Registration of Locally Manufactured and Imported Firearms. –
and delivery by the applicant of the required bond conditioned upon the Local manufacturers and importers of firearms and major parts thereof shall
faithful compliance on the part of the licensee to the laws and regulations register the same as follows:
relative to the business licensed.
(a) For locally manufactured firearms and major parts thereof, the
initial registration shall be done at the manufacturing

Page 6 of 41
 facility: Provided,  That firearms intended for export shall no longer Section 20. Inspection and Inventory. – The Chief of the PNP or his/her
be subjected to ballistic identification procedures; and authorized representative shall require the submission of reports, inspect or
examine the inventory and records of a licensed manufacturer, dealer or
(b) For imported firearms and major parts thereof, the registration importer of firearms and ammunition during reasonable hours.
shall be done upon arrival at the FEO of the PNP storage facility.
ARTICLE IV
Section 16. License and Scope of License to Deal. – The License to Deal ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
authorizes the purchase, sale and general business in handling firearms and DEMILITARIZED AND ANTIQUE FIREARMS
ammunition, major and minor parts of firearms, accessories, spare parts,
components, and reloading machines, which shall be issued by the Chief of Section 21. Acquisition or Purchase and Sale of Firearms and
the PNP. Ammunition. – Firearms and ammunition may only be acquired or purchased
from authorized dealers, importers or local manufacturers and may be
Section 17. License and Scope of License for Gunsmiths. – The license for transferred or sold only from a licensed citizen or licensed juridical entity to
gunsmiths shall allow the grantee to repair registered firearms. The license another licensed citizen or licensed juridical entity: Provided,  That, during
shall include customization of firearms from finished or manufactured parts election periods, the sale and registration of firearms and ammunition and
thereof on per order basis and not in commercial quantities and making the the issuance of the corresponding licenses to citizens shall be allowed on the
minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only condition that the transport or delivery thereof shall strictly comply with the
for the purpose of repairing the registered firearm. The license for gunsmiths issuances, resolutions, rules and regulations promulgated by the Commission
shall be issued by the Chief of the PNP. on Elections.

Section 18. Firearms for Use in Sports and Competitions. – A  qualified Section 22. Deposit of Firearms by Persons Arriving From Abroad. – A
individual shall apply for a permit to transport his/her registered firearm/s person arriving in the Philippines who is legally in possession of any firearm
from his/her residence to the firing range/s and competition sites as may be or ammunition in his/her country of origin and who has declared the
warranted. existence of the firearm upon embarkation and disembarkation but whose
firearm is not registered in the Philippines in accordance with this Act shall
Section 19. Renewal of Licenses and Registration. – All types of licenses to deposit the same upon written receipt with the Collector of Customs for
possess a firearm shall be renewed every two (2) years. Failure to renew the delivery to the FEO of the PNP for safekeeping, or for the issuance of a
license on or before the date of its expiration shall cause the revocation of permit to transport if the person is a competitor in a sports shooting
the license and of the registration of the firearm/s under said licensee. competition. If the importation of the same is allowed and the party in
question desires to obtain a domestic firearm license, the same should be
undertaken in accordance with the provisions of this Act. If no license is
The registration of the firearm shall be renewed every four (4) years. Failure
desired or leave to import is not granted, the firearm or ammunition in
to renew the registration of the firearm on or before the date of expiration
question shall remain in the custody of the FEO of the PNP until otherwise
shall cause the revocation of the license of the firearm. The said firearm shall
disposed of in-accordance with law.
be confiscated or forfeited in favor of the government after due process.

Section 23. Return of Firearms to Owner upon Departure from the

The failure to renew a license or registration within the periods stated above
Philippines. – Upon the departure from the Philippines of any person whose
on two (2) occasions shall cause the holder of the firearm to be perpetually
firearm or ammunition is in the custody of the FEO of the PNP, the same
disqualified from applying for any firearm license. The application for the
shall, upon timely request, be delivered to the person through the Collector
renewal of the license or registration may be submitted to the FEO of the
of Customs. In the case of a participant in a local sports shooting
PNP, within six (6) months before the date of the expiration of such license
competition, the firearm must be presented to the Collector of Customs
or registration.
before the same is allowed to be loaded on board the carrier on which the
person is to board.

Page 7 of 41
Section 24. Safekeeping of Firearms and Ammunition. – Any licensee may (c) The penalty of prision mayor  in its maximum period shall be
deposit a registered firearm to the FEO of the PNP, or any Police Regional imposed upon any person who shall unlawfully acquire or possess a
Office for safekeeping. Reasonable fees for storage shall be imposed. Class-A light weapon;

Section 25. Abandoned Firearms and Ammunition. – Any firearm or (d) The penalty of reclusion perpetua  shall be imposed upon any
ammunition deposited in the custody of the FEO of the PNP pursuant to the person who shall, unlawfully acquire or possess a Class-B light
provisions of this Act, shall be deemed to have been abandoned by the weapon;
owner or his/her authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the PNP of the (e) The penalty of one (1) degree higher than that provided in
disposition to be made thereof. Thereafter, the FEO of the PNP may dispose paragraphs (a) to (c) in this section shall be imposed upon any
of the same after compliance with established procedures. person who shall unlawfully possess any firearm under any or
combination of the following conditions:
Section 26. Death or Disability of Licensee. – Upon the death or legal
disability of the holder of a firearm license, it shall be the duty of his/her (1) Loaded with ammunition or inserted with a loaded
next of kin, nearest relative, legal representative, or other person who shall magazine;
knowingly come into possession of such firearm or ammunition, to deliver
the same to the FEO of the PNP or Police Regional Office, and such firearm (2) Fitted or mounted with laser or any gadget used to guide
or ammunition shall be retained by the police custodian pending the issuance the shooter to hit the target such as thermal weapon sight
of a license and its registration in accordance, with this Act. The failure to (TWS) and the like;
deliver the firearm or ammunition within six (6) months after the death or
legal disability of the licensee shall render the possessor liable for illegal
(3) Fitted or mounted with sniper scopes, firearm muffler or
possession of the firearm.
firearm silencer;

Section 27. Antique Firearm. – Any person who possesses an antique

(4) Accompanied with an extra barrel; and
firearm shall register the same and secure a collector’s license from the FEO
of the PNP. Proper storage of antique firearm shall be strictly imposed.
Noncompliance of this provision shall be considered as illegal possession of (5) Converted to be capable of firing full automatic bursts.
the firearm as penalized in this Act.
(f) The penalty of prision mayor  in its minimum period shall be
ARTICLE V imposed upon any person who shall unlawfully acquire or possess a
PENAL PROVISIONS major part of a small arm;

Section 28. Unlawful Acquisition, or Possession of Firearms and (g) The penalty of prision mayor  in its minimum period shall be
Ammunition. – The unlawful acquisition, possession of firearms and imposed upon any person who shall unlawfully acquire or possess
ammunition shall be penalized as follows: ammunition for a small arm or Class-A light weapon. If the violation
of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a small arm, the former
(a) The penalty of prision mayor  in its medium period shall be
violation shall be absorbed by the latter;
imposed upon any person who shall unlawfully acquire or possess a
small arm;
(h) The penalty of prision mayor  in its medium period shall be
imposed upon any person who shall unlawfully acquire or possess a
(b) The penalty of reclusion temporal  to reclusion perpetua shall be
major part of a Class-A light weapon;
imposed if three (3) or more small arms or Class-A light weapons are
unlawfully acquired or possessed by any person;

Page 8 of 41
 (i) The penalty of prision mayor  in its medium period shall be the owner, president, manager, director or other responsible officer of/any
imposed upon any person who shall unlawfully acquire or possess public or private firm, company, corporation or entity who shall willfully or
ammunition for a Class-A light weapon. If the violation of this knowingly allow any of the firearms owned by such firm, company,
paragraph is committed by the same person charged with the corporation or entity to be used by any person or persons found guilty of
unlawful acquisition or possession of a Class-A light weapon, the violating the provisions of the preceding section, or willfully or knowingly
former violation shall be absorbed by the latter; allow any of them to use unregistered firearm or firearms without any legal
authority to be carried outside of their residence in the course of their
(j) The penalty of prision mayor  in its maximum period shall be employment.
imposed upon any person who shall unlawfully acquire or possess a
major part of a Class-B light weapon; and Section 31. Absence of Permit to Carry Outside of Residence.  – The penalty
of prision correccional  and a fine of Ten thousand pesos (P10,000.00) shall
(k) The penalty of prision mayor  in its maximum period shall be be imposed upon any person who is licensed to own a firearm but who shall
imposed upon any person who shall unlawfully acquire or possess carry the registered firearm outside his/her residence without any legal
ammunition for a Class-B light weapon. If the violation of this authority therefor.
paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-B light weapon, the Section 32. Unlawful Manufacture, Importation, Sale or Disposition of
former violation shall be absorbed by the latter. Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the Manufacture of Firearms, Ammunition or
Section 29. Use of Loose Firearm in the Commission of a Crime. – The use Parts Thereof. – The penalty of reclusion temporal  to reclusion
of a loose firearm, when inherent in the commission of a crime punishable perpetua  shall be imposed upon any person who shall unlawfully engage in
under the Revised Penal Code or other special laws, shall be considered as the manufacture, importation, sale or disposition of a firearm or ammunition,
an aggravating circumstance: Provided,  That if the crime committed with the or a major part of a firearm or ammunition, or machinery, tool or instrument
use of a loose firearm is penalized by the law with a maximum penalty which used or intended to be used by the same person in the manufacture of a
is lower than that prescribed in the preceding section for illegal possession of firearm, ammunition, or a major part thereof.
firearm, the penalty for illegal possession of firearm shall be imposed in lieu
of the penalty for the crime charged: Provided, further,  That if the crime The possession of any machinery, tool or instrument used directly in the
committed with the use of a loose firearm is penalized by the law with a manufacture of firearms, ammunition, or major parts thereof by any person
maximum penalty which is equal to that imposed under the preceding whose business, employment or activity does not lawfully deal with the
section for illegal possession of firearms, the penalty of prision mayor  in its possession of such article, shall be prima facie  evidence that such article is
minimum period shall be imposed in addition to the penalty for the crime intended to be used in the unlawful or illegal manufacture of firearms,
punishable under the Revised Penal Code or other special laws of which ammunition or parts thereof.
he/she is found guilty.
The penalty of prision mayor  in its minimum period to prision mayor  in its
If the violation of this Act is in furtherance of, or incident to, or in connection medium period shall be imposed upon any laborer, worker or employee of a
with the crime of rebellion of insurrection, or attempted coup d’ etat,  such licensed firearms dealer who shall unlawfully take, sell or otherwise dispose
violation shall be absorbed as an element of the crime of rebellion or of parts of firearms or ammunition which the company manufactures and
insurrection, or attempted coup d’ etat. sells, and other materials used by the company in the manufacture or sale of
firearms or ammunition. The buyer or possessor of such stolen part or
If the crime is committed by the person without using the loose firearm, the material, who is aware that such part or material was stolen, shall suffer the
violation of this Act shall be considered as a distinct and separate offense. same penalty as the laborer, worker or employee.

Section 30. Liability of Juridical Person. – The penalty of prision mayor  in If the violation or offense is committed by a corporation, partnership,
its minimum to prision mayor  in its medium period shall be imposed upon association or other juridical entity, the penalty provided for in this section

Page 9 of 41
shall be imposed upon the directors, officers, employees or other officials or and forfeiture of the firearm, ammunition, or parts thereof, machinery, tool
persons therein who knowingly and willingly participated in the unlawful act. or instrument in favor of the government which shall be disposed of in
accordance with law.
Section 33. Arms Smuggling. – The penalty of reclusion perpetua  shall be
imposed upon any person who shall engage or participate in arms smuggling Section 38. Liability for Planting Evidence. – The penalty of prision
as defined in this Act. mayor  in its maximum period shall be imposed upon any person who shall
willfully and maliciously insert; place, and/or attach, directly or indirectly,
Section 34. Tampering, Obliteration or Alteration of Firearms through any overt or covert act, any firearm, or ammunition, or parts thereof
Identification. – The penalty of prision correccional  to prision mayor  in its in the person, house, effects, or in the immediate vicinity of an innocent
minimum period shall be imposed upon any person who shall tamper, individual for the purpose of implicating or incriminating the person, or
obliterate or alter without authority the barrel, slide, frame, receiver, imputing the commission of any violation of the provisions of this Act to said
cylinder, or bolt assembly, including the name of the maker, model, or serial individual. If the person found guilty under this paragraph is a public officer
number of any firearm, or who shall replace without authority the barrel, or employee, such person shall suffer the penalty of reclusion perpetua.
slide, frame, receiver, cylinder, or bolt assembly, including its individual or
peculiar identifying characteristics essential in forensic examination of a Section 39. Grounds for Revocation, Cancellation or Suspension of License
firearm or light weapon. or Permit. – The Chief of the PNP or his/her authorized representative may
revoke, cancel or suspend a license or permit on the following grounds:
The PNP shall place this information, including its individual or peculiar
identifying characteristics into the database of integrated firearms (a) Commission of a crime or offense involving the firearm,
identification system of the PNP Crime Laboratory for future use and ammunition, of major parts thereof;
identification of a particular firearm. (b) Conviction of a crime involving moral turpitude or any offense
where the penalty carries an imprisonment of more than six (6)
Section 35. Use of an Imitation Firearm. – An imitation firearm used in the years;
commission of a crime shall be considered a real firearm as defined in this (c) Loss of the firearm, ammunition, or any parts thereof through
Act and the person who committed the crime shall be punished in negligence;
accordance with this Act: Provided,  That injuries caused on the occasion of (d) Carrying of the firearm, ammunition, or major parts thereof
the conduct of competitions, sports, games, or any recreation activities outside of residence or workplace without, the proper permit to carry
involving imitation firearms shall not be punishable under this Act. the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in
Section 36. In Custodia Legis. – During the pendency of any case filed in prohibited places;
violation of this Act, seized firearm, ammunition, or parts thereof, machinery, (f) Dismissal for cause from the service in case of government
tools or instruments shall remain in the custody of the court. If the court official and employee;
decides that it has no adequate means to safely keep the same, the court (g) Commission of any of the acts penalized under Republic Act No.
shall issue an order to turn over to the PNP Crime Laboratory such firearm, 9165, otherwise known as the "Comprehensive Dangerous Drugs Act
ammunition, or parts thereof, machinery, tools or instruments in its custody of 2002″;
during the pendency of the case and to produce the same to the court when (h) Submission of falsified documents or misrepresentation in the
so ordered. No bond shall be admitted for the release of the firearm, application to obtain a license or permit;
ammunition or parts thereof, machinery, tool or instrument. Any violation of (i) Noncompliance of reportorial requirements; and
this paragraph shall be punishable by prision mayor  in its minimum period (j) By virtue of a court order.
to prision mayor  in its medium period.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon.  – A
Section 37. Confiscation and Forfeiture. – The imposition of penalty for any fine of Ten thousand pesos (P10,000.00) shall be imposed upon any licensed
violation of this Act shall carry with it the accessory penalty of confiscation firearm holder who fails to report to the FEO of the PNP that the subject

Page 10 of 41
firearm has been lost or stolen within a period of thirty (30) days from the for registration. The PNP shall conduct an intensive nationwide campaign to
date of discovery. ensure that the general public is properly informed of the provisions of this
Act.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon
any person holding a valid firearm license who changes residence or office Section 44. Implementing Rules and Regulations. – Within one hundred
address other than that indicated in the license card and fails within a period twenty (120) days from the effectivity of this Act, the Chief of the PNP, after
of thirty (30) days from said transfer to notify the FEO of the PNP of such public hearings and consultation with concerned sectors of society shall
change of address. formulate the necessary rules and regulations for the effective
implementation of this Act to be published in at least two (2) national
Section 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful newspapers of general circulation.
to transfer possession of any firearm to any person who has not yet obtained
or secured the necessary license or permit thereof. Section 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of
Presidential Decree No. 1866, as amended, and Section 6 of Republic Act No.
The penalty of prision correccional  shall be imposed upon any person who 8294 and all other laws, executive orders, letters of instruction, issuances,
shall violate the provision of the preceding paragraph. In addition, he/she circulars, administrative orders, rules or regulations that are inconsistent
shall be disqualified to apply for a license to possess other firearms and all herewith.
his/her existing firearms licenses whether for purposes of commerce or
possession, shall be revoked. If government-issued firearms, ammunition or Section 46. Separability Clause. – If any provision of this Act or any part
major parts of firearms or light weapons are unlawfully disposed, sold or hereof is held invalid or unconstitutional, the remainder of the law or the
transferred by any law enforcement agent or public officer to private provision not otherwise affected shall remain valid and subsisting.
individuals, the penalty of reclusion temporal  shall be imposed.
Section 47. Effectivity. – This Act shall take effect after fifteen (15) days
Any public officer or employee or any person who shall facilitate the from its publication in a newspaper of nationwide circulation.
registration of a firearm through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer the penalty of prision Approved: May 29, 2013
correccional.
a. What is a firearm?
ARTICLE VI
FINAL PROVISIONS Firearm  refers to any handheld or portable weapon, whether a small
arm or light weapon, that expels or is designed to expel a bullet, shot, slug,
Section 42. Firearms Repository. – The FEO of the PNP shall be the sole missile or any projectile, which is discharged by means of expansive force of
repository of all firearms records to include imported and locally gases from burning gunpowder or other form of combustion or any similar
manufactured firearms and ammunition. Within one (1) year upon approval instrument or implement. For purposes of this Act, the barrel, frame or
of this Act, all military and law enforcement agencies, government agencies, receiver is considered a firearm.
LGUs and government-owned or -controlled corporations shall submit an
inventory of all their firearms and ammunition to the PNP. b. Imitation and Unregistered firearms

Section 43. Final Amnesty. – Persons in possession of unregistered firearms Imitation firearm  refers to a replica of a firearm, or other device that
and holders of expired license or unregistered firearms shall register and is so substantially similar in coloration and overall appearance to an existing
renew the same through the Final General Amnesty within six (6) months firearm as to lead a reasonable person to believe that such imitation firearm
from the promulgation of the implementing rules and regulations of this Act. is a real firearm.
During the interim period of six (6) months, no person applying for license
shall be charged of any delinquent payment accruing to the firearm subject

Page 11 of 41
 Loose firearm  refers to an unregistered firearm, an obliterated or d. What are the punishable acts under R.A. 10591?
altered firearm, firearm which has been lost or stolen, illegally manufactured
firearms, registered firearms in the possession of an individual other than the 1. Unlawful Acquisition, or Possession of Firearms and Ammunition.
licensee and those with revoked licenses in accordance with the rules and 2. Use of Loose Firearm in the Commission of a Crime
regulations. 3. Absence of Permit to Carry Outside of Residence
4. Unlawful Manufacture, Importation, Sale or Disposition of Firearms
c. Categories: Small arms and Light weapons or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used
or Intended to be Used in the Manufacture of Firearms, Ammunition
Small arms  refer to firearms intended to be or primarily designed for or Parts Thereof
individual use or that which is generally considered to mean a weapon 5. Arms Smuggling
intended to be fired from the hand or shoulder, which are not capable of 6. Tampering, Obliteration or Alteration of Firearms Identification
fully automatic bursts of discharge, such as: 7. Use of an Imitation Firearm
8. Failure to Notify Lost or Stolen Firearm or Light Weapon
9. Illegal Transfer/Registration of Firearms
(1) Handgun which is a firearm intended to be fired from the hand,
which includes:
2. R.A. 7610
(i) A pistol which is a hand-operated firearm having a
Republic Act No. 7610             June 17, 1992
chamber integral with or permanently aligned with the bore
which may be self-loading; and
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
(ii) Revolver which is a hand-operated firearm with a
DISCRIMINATION, AND FOR OTHER PURPOSES
revolving cylinder containing chambers for individual
cartridges.
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
(2) Rifle which is a shoulder firearm or designed to be fired from the
shoulder that can discharge a bullet through a rifled barrel by
different actions of loading, which may be classified as lever, bolt, or ARTICLE I
self-loading; and Title, Policy, Principles and Definitions of Terms

(3) Shotgun which is a weapon designed, made and intended to fire Section 1. Title. – This Act shall be known as the "Special Protection of
a number of ball shots or a single projectile through a smooth bore Children Against Abuse, Exploitation and Discrimination Act."
by the action or energy from burning gunpowder.
Section 2. Declaration of State Policy and Principles. – It is hereby
Light weapons  are: Class-A Light weapons which refer to self-loading declared to be the policy of the State to provide special protection to children
pistols, rifles and carbines, submachine guns, assault rifles and light machine from all firms of abuse, neglect, cruelty exploitation and discrimination and
guns not exceeding caliber 7.62MM which have fully automatic mode; and other conditions, prejudicial their development; provide sanctions for their
Class-B Light weapons which refer to weapons designed for use by two (2) commission and carry out a program for prevention and deterrence of and
or more persons serving as a crew, or rifles and machine guns exceeding crisis intervention in situations of child abuse, exploitation and discrimination.
caliber 7.62MM such as heavy machine guns, handheld underbarrel and The State shall intervene on behalf of the child when the parent, guardian,
mounted grenade launchers, portable anti-aircraft guns, portable anti-tank teacher or person having care or custody of the child fails or is unable to
guns, recoilless rifles, portable launchers of anti-tank missile and rocket protect the child against abuse, exploitation and discrimination or when such
systems, portable launchers of anti-aircraft missile systems, and mortars of a acts against the child are committed by the said parent, guardian, teacher or
caliber of less than 100MM. person having care and custody of the same.1awphi1@alf

Page 12 of 41
It shall be the policy of the State to protect and rehabilitate children gravely (2) Working under conditions hazardous to life, safety and normal which
threatened or endangered by circumstances which affect or will affect their unduly interfere with their normal development;
survival and normal development and over which they have no control.
(3) Living in or fending for themselves in the streets of urban or rural areas
The best interests of children shall be the paramount consideration in all without the care of parents or a guardian or basic services needed for a
actions concerning them, whether undertaken by public or private social good quality of life;
welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in (4) Being a member of a indigenous cultural community and/or living under
the United Nations Convention of the Rights of the Child. Every effort shall conditions of extreme poverty or in an area which is underdeveloped and/or
be exerted to promote the welfare of children and enhance their lacks or has inadequate access to basic services needed for a good quality of
opportunities for a useful and happy life. life;

Section 3. Definition of Terms. – (5) Being a victim of a man-made or natural disaster or calamity; or

(a) "Children" refers to person below eighteen (18) years of age or those (6) Circumstances analogous to those abovestated which endanger the life,
over but are unable to fully take care of themselves or protect themselves safety or normal development of children.
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition; (d) "Comprehensive program against child abuse, exploitation and
discrimination" refers to the coordinated program of services and facilities to
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the protected children against:
child which includes any of the following:
(1) Child Prostitution and other sexual abuse;
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and (2) Child trafficking;
emotional maltreatment; (3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(2) Any act by deeds or words which debases, degrades or demeans the (5) Circumstances which threaten or endanger the survival
intrinsic worth and dignity of a child as a human being; and normal development of children.1awphi1Ÿ

(3) Unreasonable deprivation of his basic needs for survival, such as food ARTICLE II
and shelter; or Program on Child Abuse, Exploitation and Discrimination

(4) Failure to immediately give medical treatment to an injured child Section 4. Formulation of the Program. – There shall be a
resulting in serious impairment of his growth and development or in his comprehensive program to be formulated, by the Department of Justice and
permanent incapacity or death. the Department of Social Welfare and Development in coordination with
other government agencies and private sector concerned, within one (1)
(c) "Circumstances which gravely threaten or endanger the survival and year from the effectivity of this Act, to protect children against child
normal development of children" include, but are not limited to, the prostitution and other sexual abuse; child trafficking, obscene publications
following; and indecent shows; other acts of abuse; and circumstances which endanger
child survival and normal development.
(1) Being in a community where there is armed conflict or being affected by
armed conflict-related activities; ARTICLE III
Child Prostitution and Other Sexual Abuse

Page 13 of 41
Section 5. Child Prostitution and Other Sexual Abuse . – Children, house, apartelle or other similar establishments, vessel, vehicle or any other
whether male or female, who for money, profit, or any other consideration or hidden or secluded area under circumstances which would lead a reasonable
due to the coercion or influence of any adult, syndicate or group, indulge in person to believe that the child is about to be exploited in prostitution and
sexual intercourse or lascivious conduct, are deemed to be children exploited other sexual abuse.
in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
The penalty of reclusion temporal in its medium period to reclusion perpetua Section 5 hereof when any person is receiving services from a child in a
shall be imposed upon the following: sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for
(a) Those who engage in or promote, facilitate or induce child prostitution the consummated felony under Section 5 hereof shall be imposed upon the
which include, but are not limited to, the following: principals of the attempt to commit the crime of child prostitution under this
Act, or, in the proper case, under the Revised Penal Code.
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by ARTICLE IV
means of written or oral advertisements or other similar Child Trafficking
means;
(3) Taking advantage of influence or relationship to procure Section 7. Child Trafficking. – Any person who shall engage in trading
a child as prostitute; and dealing with children including, but not limited to, the act of buying and
(4) Threatening or using violence towards a child to engage selling of a child for money, or for any other consideration, or barter, shall
him as a prostitute; or suffer the penalty of reclusion temporal to reclusion perpetua. The penalty
(5) Giving monetary consideration goods or other pecuniary shall be imposed in its maximum period when the victim is under twelve (12)
benefit to a child with intent to engage such child in years of age.
prostitution.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt
(b) Those who commit the act of sexual intercourse of lascivious conduct to commit child trafficking under Section 7 of this Act: 1awphi1@alf
with a child exploited in prostitution or subject to other sexual abuse;
Provided, That when the victims is under twelve (12) years of age, the (a) When a child travels alone to a foreign country without valid
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and reason therefor and without clearance issued by the Department of
Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or Social Welfare and Development or written permit or justification
lascivious conduct, as the case may be: Provided, That the penalty for from the child's parents or legal guardian;
lascivious conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and (c) When a person, agency, establishment or child-caring institution
recruits women or couples to bear children for the purpose of child
(c) Those who derive profit or advantage therefrom, whether as manager or trafficking; or
owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as (d) When a doctor, hospital or clinic official or employee, nurse,
a cover or which engages in prostitution in addition to the activity for which midwife, local civil registrar or any other person simulates birth for
the license has been issued to said establishment. the purpose of child trafficking; or

Section 6. Attempt To Commit Child Prostitution. – There is an (e) When a person engages in the act of finding children among low-
attempt to commit child prostitution under Section 5, paragraph (a) hereof income families, hospitals, clinics, nurseries, day-care centers, or
when any person who, not being a relative of a child, is found alone with the other child-during institutions who can be offered for the purpose of
said child inside the room or cubicle of a house, an inn, hotel, motel, pension child trafficking.

Page 14 of 41
A penalty lower two (2) degrees than that prescribed for the consummated (c) Any person who shall induce, deliver or offer a minor to any one
felony under Section 7 hereof shall be imposed upon the principals of the prohibited by this Act to keep or have in his company a minor as provided in
attempt to commit child trafficking under this Act. the preceding paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty thousand pesos (P40,000);
ARTICLE V Provided, however, That should the perpetrator be an ascendant, stepparent
Obscene Publications and Indecent Shows or guardian of the minor, the penalty to be imposed shall be prision mayor in
its maximum period, a fine of not less than Fifty thousand pesos (P50,000),
Section 9. Obscene Publications and Indecent Shows. – Any person and the loss of parental authority over the minor.
who shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live or in video, or model (d) Any person, owner, manager or one entrusted with the operation of any
in obscene publications or pornographic materials or to sell or distribute the public or private place of accommodation, whether for occupancy, food,
said materials shall suffer the penalty of prision mayor in its medium period. drink or otherwise, including residential places, who allows any person to
take along with him to such place or places any minor herein described shall
If the child used as a performer, subject or seller/distributor is below twelve be imposed a penalty of prision mayor in its medium period and a fine of not
(12) years of age, the penalty shall be imposed in its maximum period. less than Fifty thousand pesos (P50,000), and the loss of the license to
operate such a place or establishment.
Any ascendant, guardian, or person entrusted in any capacity with the care
of a child who shall cause and/or allow such child to be employed or to (e) Any person who shall use, coerce, force or intimidate a street child or any
participate in an obscene play, scene, act, movie or show or in any other other child to;
acts covered by this section shall suffer the penalty of prision mayor in its
medium period. (1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or
ARTICLE VI pushing; or
Other Acts of Abuse (3) Conduct any illegal activities, shall suffer the penalty of
prision correccional in its medium period to reclusion
perpetua.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's Development . –
For purposes of this Act, the penalty for the commission of acts punishable
under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No.
(a) Any person who shall commit any other acts of child abuse, cruelty or
3815, as amended, the Revised Penal Code, for the crimes of murder,
exploitation or to be responsible for other conditions prejudicial to the child's
homicide, other intentional mutilation, and serious physical injuries,
development including those covered by Article 59 of Presidential Decree No.
respectively, shall be reclusion perpetua when the victim is under twelve (12)
603, as amended, but not covered by the Revised Penal Code, as amended,
years of age. The penalty for the commission of acts punishable under Article
shall suffer the penalty of prision mayor in its minimum period.
337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness with the
(b) Any person who shall keep or have in his company a minor, twelve (12) consent of the offended party, corruption of minors, and white slave trade,
years or under or who in ten (10) years or more his junior in any public or respectively, shall be one (1) degree higher than that imposed by law when
private place, hotel, motel, beer joint, discotheque, cabaret, pension house, the victim is under twelve (12) years age.
sauna or massage parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of
The victim of the acts committed under this section shall be entrusted to the
not less than Fifty thousand pesos (P50,000): Provided, That this provision
care of the Department of Social Welfare and Development.
shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.

Page 15 of 41
 ARTICLE VII (2) When a child's employment or participation in public & entertainment or
Sanctions for Establishments or Enterprises information through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or
Section 11. Sanctions of Establishments or Enterprises which guardian, with the express agreement of the child concerned, if possible, and
Promote, Facilitate, or Conduct Activities Constituting Child the approval of the Department of Labor and Employment: Provided, That
Prostitution and Other Sexual Abuse, Child Trafficking, Obscene the following requirements in all instances are strictly complied with:
Publications and Indecent Shows, and Other Acts of Abuse . – All
establishments and enterprises which promote or facilitate child prostitution (a) The employer shall ensure the protection, health, safety and
and other sexual abuse, child trafficking, obscene publications and indecent morals of the child;
shows, and other acts of abuse shall be immediately closed and their
authority or license to operate cancelled, without prejudice to the owner or (b) the employer shall institute measures to prevent the child's
manager thereof being prosecuted under this Act and/or the Revised Penal exploitation or discrimination taking into account the system and
Code, as amended, or special laws. A sign with the words "off limits" shall be level of remuneration, and the duration and arrangement of working
conspicuously displayed outside the establishments or enterprises by the time; and;
Department of Social Welfare and Development for such period which shall
not be less than one (1) year, as the Department may determine. The (c) The employer shall formulate and implement, subject to the
unauthorized removal of such sign shall be punishable by prision approval and supervision of competent authorities, a continuing
correccional. program for training and skill acquisition of the child.

An establishment shall be deemed to promote or facilitate child prostitution In the above exceptional cases where any such child may be employed, the
and other sexual abuse, child trafficking, obscene publications and indecent employer shall first secure, before engaging such child, a work permit from
shows, and other acts of abuse if the acts constituting the same occur in the the Department of Labor and Employment which shall ensure observance of
premises of said establishment under this Act or in violation of the Revised the above requirement.
Penal Code, as amended. An enterprise such as a sauna, travel agency, or
recruitment agency which: promotes the aforementioned acts as part of a
The Department of Labor Employment shall promulgate rules and regulations
tour for foreign tourists; exhibits children in a lewd or indecent show;
necessary for the effective implementation of this Section.
provides child masseurs for adults of the same or opposite sex and said
services include any lascivious conduct with the customers; or solicits
children or activities constituting the aforementioned acts shall be deemed to Section 13. Non-formal Education for Working Children. – The
have committed the acts penalized herein. Department of Education, Culture and Sports shall promulgate a course
design under its non-formal education program aimed at promoting the
intellectual, moral and vocational efficiency of working children who have not
ARTICLE VIII
undergone or finished elementary or secondary education. Such course
Working Children
design shall integrate the learning process deemed most effective under
given circumstances.
Section 12. Employment of Children. – Children below fifteen (15) years
of age may be employed except:
Section 14. Prohibition on the Employment of Children in Certain
Advertisements. – No person shall employ child models in all commercials
(1) When a child works directly under the sole responsibility of his parents or or advertisements promoting alcoholic beverages, intoxicating drinks,
legal guardian and where only members of the employer's family are tobacco and its byproducts and violence.
employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development:
Section 15. Duty of Employer. – Every employer shall comply with the
Provided, further, That the parent or legal guardian shall provide the said
duties provided for in Articles 108 and 109 of Presidential Decree No. 603.
minor child with the prescribed primary and/or secondary education; or

Page 16 of 41
Section 16. Penalties. – Any person who shall violate any provision of this planning, decision-making implementation, and evaluation of all government
Article shall suffer the penalty of a fine of not less than One thousand pesos programs affecting children of indigenous cultural communities. Indigenous
(P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment institution shall also be recognized and respected.
of not less than three (3) months but not more than three (3) years, or both
at the discretion of the court; Provided, That, in case of repeated violations ARTICLE X
of the provisions of this Article, the offender's license to operate shall be Children in Situations of Armed Conflict
revoked.
Section 22. Children as Zones of Peace. – Children are hereby declared
ARTICLE IX as Zones of Peace. It shall be the responsibility of the State and all other
Children of Indigenous Cultural Communities sectors concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain this objective, the following policies
Section 17. Survival, Protection and Development . – In addition to the shall be observed.
rights guaranteed to children under this Act and other existing laws, children
of indigenous cultural communities shall be entitled to protection, survival (a) Children shall not be the object of attack and shall be entitled to
and development consistent with the customs and traditions of their special respect. They shall be protected from any form of threat,
respective communities. assault, torture or other cruel, inhumane or degrading treatment;

Section 18. System of and Access to Education. – The Department of (b) Children shall not be recruited to become members of the Armed
Education, Culture and Sports shall develop and institute an alternative Forces of the Philippines of its civilian units or other armed groups,
system of education for children of indigenous cultural communities which nor be allowed to take part in the fighting, or used as guides,
culture-specific and relevant to the needs of and the existing situation in couriers, or spies;
their communities. The Department of Education, Culture and Sports shall
also accredit and support non-formal but functional indigenous educational (c) Delivery of basic social services such as education, primary health
programs conducted by non-government organizations in said communities. and emergency relief services shall be kept unhampered;

Section 19. Health and Nutrition. – The delivery of basic social services (d) The safety and protection of those who provide services
in health and nutrition to children of indigenous cultural communities shall be including those involved in fact-finding missions from both
given priority by all government agencies concerned. Hospitals and other government and non-government institutions shall be ensured. They
health institution shall ensure that children of indigenous cultural shall not be subjected to undue harassment in the performance of
communities are given equal attention. In the provision of health and their work;
nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
(e) Public infrastructure such as schools, hospitals and rural health
units shall not be utilized for military purposes such as command
Section 20. Discrimination. – Children of indigenous cultural communities posts, barracks, detachments, and supply depots; and
shall not be subjected to any and all forms of discrimination.
(f) All appropriate steps shall be taken to facilitate the reunion of
Any person who discriminate against children of indigenous cultural families temporarily separated due to armed conflict.
communities shall suffer a penalty of arresto mayor in its maximum period
and a fine of not less than Five thousand pesos (P5,000) more than Ten
Section 23. Evacuation of Children During Armed Conflict. – Children
thousand pesos (P10,000).
shall be given priority during evacuation as a result of armed conflict.
Existing community organizations shall be tapped to look after the safety and
Section 21. Participation. – Indigenous cultural communities, through well-being of children during evacuation operations. Measures shall be taken
their duly-designated or appointed representatives shall be involved in

Page 17 of 41
to ensure that children evacuated are accompanied by persons responsible The aforesaid child whose sentence is suspended can appeal from the order
for their safety and well-being. of the court in the same manner as appeals in criminal cases.

Section 24. Family Life and Temporary Shelter. – Whenever possible, Section 26. Monitoring and Reporting of Children in Situations of
members of the same family shall be housed in the same premises and given Armed Conflict. – The chairman of the barangay affected by the armed
separate accommodation from other evacuees and provided with facilities to conflict shall submit the names of children residing in said barangay to the
lead a normal family life. In places of temporary shelter, expectant and municipal social welfare and development officer within twenty-four (24)
nursing mothers and children shall be given additional food in proportion to hours from the occurrence of the armed conflict.
their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games. ARTICLE XI
Remedial Procedures
Section 25. Rights of Children Arrested for Reasons Related to
Armed Conflict. – Any child who has been arrested for reasons related to Section 27. Who May File a Complaint. – Complaints on cases of
armed conflict, either as combatant, courier, guide or spy is entitled to the unlawful acts committed against the children as enumerated herein may be
following rights; filed by the following:

(a) Separate detention from adults except where families are (a) Offended party;
accommodated as family units; (b) Parents or guardians;
(b) Immediate free legal assistance; (c) Ascendant or collateral relative within the third degree of
(c) Immediate notice of such arrest to the parents or guardians of consanguinity;1awphi1@ITC
the child; and (d) Officer, social worker or representative of a licensed child-caring
(d) Release of the child on recognizance within twenty-four (24) institution;
hours to the custody of the Department of Social Welfare and (e) Officer or social worker of the Department of Social Welfare and
Development or any responsible member of the community as Development;
determined by the court. (f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the
If after hearing the evidence in the proper proceedings the court should find violation occurred.
that the aforesaid child committed the acts charged against him, the court
shall determine the imposable penalty, including any civil liability chargeable Section 28. Protective Custody of the Child. – The offended party shall
against him. However, instead of pronouncing judgment of conviction, the be immediately placed under the protective custody of the Department of
court shall suspend all further proceedings and shall commit such child to the Social Welfare and Development pursuant to Executive Order No. 56, series
custody or care of the Department of Social Welfare and Development or to of 1986. In the regular performance of this function, the officer of the
any training institution operated by the Government, or duly-licensed Department of Social Welfare and Development shall be free from any
agencies or any other responsible person, until he has had reached eighteen administrative, civil or criminal liability. Custody proceedings shall be in
(18) years of age or, for a shorter period as the court may deem proper, accordance with the provisions of Presidential Decree No. 603.
after considering the reports and recommendations of the Department of
Social Welfare and Development or the agency or responsible individual Section 29. Confidentiality. – At the instance of the offended party, his
under whose care he has been committed. name may be withheld from the public until the court acquires jurisdiction
over the case.
The aforesaid child shall subject to visitation and supervision by a
representative of the Department of Social Welfare and Development or any It shall be unlawful for any editor, publisher, and reporter or columnist in
duly-licensed agency or such other officer as the court may designate case of printed materials, announcer or producer in case of television and
subject to such conditions as it may prescribe. radio broadcasting, producer and director of the film in case of the movie

Page 18 of 41
industry, to cause undue and sensationalized publicity of any case of (f) A fine to be determined by the court shall be imposed and administered
violation of this Act which results in the moral degradation and suffering of as a cash fund by the Department of Social Welfare and Development and
the offended party.Lawphi1@alf disbursed for the rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the offense.
Section 30. Special Court Proceedings. – Cases involving violations of
this Act shall be heard in the chambers of the judge of the Regional Trial ARTICLE XIII
Court duly designated as Juvenile and Domestic Court. Final Provisions

Any provision of existing law to the contrary notwithstanding and with the Section 32. Rules and Regulations. – Unless otherwise provided in this
exception of habeas corpus, election cases, and cases involving detention Act, the Department of Justice, in coordination with the Department of Social
prisoners and persons covered by Republic Act No. 4908, all courts shall give Welfare and Development, shall promulgate rules and regulations of the
preference to the hearing or disposition of cases involving violations of this effective implementation of this Act.
Act.
Such rules and regulations shall take effect upon their publication in two (2)
ARTICLE XII  national newspapers of general circulation.
Common Penal Provisions
Section 33. Appropriations. – The amount necessary to carry out the
Section 31. Common Penal Provisions. – provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and
(a) The penalty provided under this Act shall be imposed in its maximum thereafter.
period if the offender has been previously convicted under this Act; Section 34. Separability Clause. – If any provision of this Act is declared
invalid or unconstitutional, the remaining provisions not affected thereby
(b) When the offender is a corporation, partnership or association, the officer shall continue in full force and effect.
or employee thereof who is responsible for the violation of this Act shall Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent
suffer the penalty imposed in its maximum period; with the provisions of this Acts are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon
completion of its publication in at least two (2) national newspapers of
(c) The penalty provided herein shall be imposed in its maximum period
general circulation.
when the perpetrator is an ascendant, parent guardian, stepparent or
collateral relative within the second degree of consanguinity or affinity, or a
manager or owner of an establishment which has no license to operate or its Approved: June 17, 1992.lawphi1Ÿ
license has expired or has been revoked;
a. What are the categories of offenses under R.A. 7610?
(d) When the offender is a foreigner, he shall be deported immediately after
service of sentence and forever barred from entry to the country; (1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(e) The penalty provided for in this Act shall be imposed in its maximum (3) Obscene publications and indecent shows;
period if the offender is a public officer or employee: Provided, however, (4) Other acts of abuses; and
That if the penalty imposed is reclusion perpetua or reclusion temporal, then (5) Circumstances which threaten or endanger the survival and normal
the penalty of perpetual or temporary absolute disqualification shall also be development of children.1awp
imposed: Provided, finally, That if the penalty imposed is prision correccional
or arresto mayor, the penalty of suspension shall also be imposed; and b. What are the state policies regarding R.A. 7610?
c. Prostitution and Sexual abuse

Page 19 of 41
 Prostitution is the criminal act of providing, or offering to provide, PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee 
sexual services in exchange for compensation. Prostitution laws penalize vs.
those who sell sexual services, as well as those who purchase the services. FRANCIS URSUA y BERNAL, Accused-Appellant
Laws are also in place to punish those who arrange prostitution, or benefit
from it in any way. To explore this concept, consider the following DECISION
prostitution definition.
PERALTA, J.:
Sexual abuse is unwanted sexual activity, with perpetrators using
force, making threats or taking advantage of victims not able to give This is an appeal from the July 17, 2014 Decision1 of the Court of
consent. Appeals (CA) in CA-G.R. CR-HC No. 06105, which affirmed with modification
the November 22, 2012 Decision2 of the Regional Trial Court {RTC) Branch
d. Is the “Sweetheart theory” applicable if the party is below 261, Pasig City, convicting accused-appellant Francis
18 years old? Ursua y Bernal (Ursua) of qualified rape and acts of lasciviousness.

Consent is immaterial in cases involving a violation of Section 5, Article AAA was born on January 16, 19923 and is accused-appellant Ursua's
III of RA 7610; as such, the argument that AAA and BBB were sweethearts biological daughter. Together with her father and elder brother, BBB, she
remains irrelevant. lived in a small house with one room, but without kitchen and living
room (sala).
The Malto ruling is largely instructive on this point: For purposes of
sexual intercourse and lascivious conduct in child abuse cases under RA Around 12:00 midnight on January 17, 2006, Ursua, who was drunk, woke
7610, the sweetheart defense is unacceptable. A child exploited in up AAA and instructed her to buy a porridge (lugaw). After eating, he told
prostitution or subjected to other sexual abuse cannot validly give consent to her to turn off the light and close the door. As they were sleeping in one
sexual intercourse with another person. bed, he undressed her, touched her vagina, and held her breast. He then
removed his short pants and brief, moved on top of her, pulled his penis,
Unlike rape, therefore, consent is immaterial in cases involving violation and inserted it into her vagina. He told her not to make any noise.
of Section 5, Article III of RA 7610. The mere act of having sexual Consequently, she merely cried and did not shout, resist, or ask her father to
intercourse or committing lascivious conduct with a child who is exploited in stop. After the acts were done, they went to sleep.
prostitution or subjected to sexual abuse constitutes the offense. It is a
malum prohibitum, an evil that is proscribed. Early dawn the next day, Ursua repeated the dastardly acts on AAA. He held
her vagina and breast and inserted his penis into her vagina. 1âwphi1 Again,
Consent and the sweetheart theory are not considered as defenses in she did not ask for any help. She did not shout because her father almost hit
cases of violation of RA 7610. The intention of the law is to protect the her ("muntik na po nya akong sapakin '').He told her not to make any noise;
children because the latter cannot fully understand the nature of their hence, she just cried. Later in the evening, around 10 p.m., Ursua once more
actions, hence, the state must come in to protect their interest under the held AAA's breasts and vagina and placed himself on top of her ( "pinatong
Doctrine of Parens Patriae. Thus, sexual abuse is committed the moment you po nya uli yang, pumatong po uli sya sa akin ").4
engage in a sexual intercourse with a person of less than eighteen (18) years
of age or over but unable to take care of herself because of physical or From January 17 to 18, 2006, BBB was in the street, selling in the market.
mental disability. On January 19, 2006, AAA left their house and went to her
godfather (ninong), CCC. She told him what happened between her and
e. People vs. Ursua (2017) Ursua. She did not return to their house and stayed with her ninong and
cousins in a place under the Pasig City Hall.
G.R. No. 218575

Page 20 of 41
On November 14, 2006, AAA, assisted by a liaison officer of the Department In his arraignment, Ursua pleaded not guilty.1âwphi1 Trial ensued.
of Social Welfare and Development (DSWD), executed a sworn statement
before the Women and Children Concern Unit of the Pasig City Police Ursua denied having any carnal knowledge of AAA. He recalled that around
Station.5 Based on the Request for Genital Examination by the police station, 9:00 p.m. to 10:00 p.m. on January 17, 2006 he arrived at the house after
PSI Marianne Ebdane, a Medico-Legal Officer of the Philippine National Police working at their neighbor's place. At that time, AAA and BBB were at the
Crime Laboratory in Camp Crame, Quezon City, conducted a medical house. He was living only with them because he was already separated from
examination of AAA on November 9, 2006. After finding that there were his wife for a long time. He requested his children to buy lugaw. When they
deep healed laceration at 7 o'clock position and shallow healed lacerations at returned, he ate it and rested. He just heard that they closed the door and
2, 3 and 9 o'clock positions, she concluded that there is a clear evidence of slept beside him. With lights on, BBB slept at the middle between him and
remote history of blunt force or penetrating trauma to AAA's hymen. 6 She AAA. While they were asleep, he did not notice anything.
interviewed AAA, who disclosed that it was caused by her father who
inserted his organ into her vagina. When Ursua woke up at 5:00 a.m. on January 18, 2006, BBB was already
awake, while AAA was still asleep. He brought BBB to the market to work at
Charges for qualified rape7 were then filed against Ursua. The three his (Ursua) cousin's vegetable store. By 7:00 a.m., he returned to their
Informations, all dated February 20, 2007, alleged: house to pick up AAA and bring her to school. Afterwards, he went to work
and arrived at their house around 12:00 midnight. By that time, his two
Criminal Case No. 134832-H children were already sleeping.

On or about January 17, 2006, in Pasig City and within the jurisdiction of this On January 19, 2006, AAA attended school and proceeded directly to CCC's
Honorable Court, the accused, by means of force and intimidation, did then store located under the Pasig City Hall. She stayed there from 12:00 p.m.
and there willfully, unlawfully and feloniously had sexual intercourse with one until Ursua fetched her around 9:00 p.m. to 10:00 p.m. Subsequently,
[AAA], 14 years old, a minor and his daughter, against her will and consent. however, AAA did not return home anymore. Since September 2006, she had
been staying in the DSWD.
Contrary to law.8
Ursua claimed that AAA filed the cases against him because he prevented
Criminal Case No. 134833-H her from going to CCC. The reason being that she became especially close to
her godfather. Whenever he fetched her, he oftentimes saw him embracing
On or about January 18, 2006, at about 5:00 a.m., in Pasig City and within her and that sometimes she was sitting on his lap. Due to the prohibition,
the jurisdiction of this Honorable Court, the accused, by means of force and AAA would leave the house whenever they were asleep. They would wake up
intimidation, did then and there willfully, unlawfully and feloniously had without AAA and just see her already at CCC's place.
sexual intercourse with one [AAA], 14 years old, a minor and his daughter,
against her will and consent. Testifying for his father, BBB declared that on January 17, 2006, he was at
home with AAA, while his father was working as a helper. 1âwphi1 Around
Contrary to law.9 8:00 p.m. to 9:00 p.m., Ursua arrived and told them to buy food. After
which, they all ate the lugaw and slept around 10:00 p.m. to 11:00 p.m. The
house they were residing at was only small and with one bed. Ursua and
Criminal Case No. 134834-H
AAA slept on his either side. While sleeping, he did not feel or notice
anything unusual. They woke up at 5 a.m. Considering that the light was on,
On or about January 18, 2006, at about 10:00 p.m., in Pasig City and within he did not notice if his father or sister was already awake. He does not know
the jurisdiction of this Honorable Court, the accused, by means of force and the reason why AAA would file a case against their father and why she would
intimidation, did then and there willfully, unlawfully and feloniously had lie about it. Prior to the alleged incident on January 17, 2006, he did not
sexual intercourse with one [AAA], 14 years old, a minor and his daughter, notice any special treatment or any unusual behavior of his father against his
against her will and consent. Contrary to law.10

Page 21 of 41
sister. There was no misunderstanding between them. He affirmed that she sentenced to suffer the penalty of reclusion perpetua as maximum period
frequented the shop of CCC. and ordered to pay AAA moral damages of ₱15,000.00; civil indemnity of
₱20,000.00 and exemplary damages of ₱15,000.00.
On November 22, 2012, Ursua was convicted of three (3) counts of qualified
rape. The fallo of the Decision reads: SO ORDERED. 13

WHEREFORE, premises considered, there being proof beyond reasonable Before Us, the People, as represented by the Office of the Solicitor General,
doubt that accused FRANCIS URSUA y Bernal has committed the crime of manifested that it would not file a Supplemental Brief as the Appellee's Brief
Qualified Rape (3 counts) under Article 266-A in relation to Article 266-B, filed before the CA adequately addressed the issues and arguments raised in
par. 5(1) of the Revised Penal Code and in further relation to Sec. 5(a) of this case.14 Per the Court's Resolution dated March 16, 2016, Ursua was
R.A. 8369 as charged, the Court hereby pronounces him GUILTY beyond deemed to have waived the filing of the required brief. It appeared that he
reasonable doubt and, there being aggravating circumstances, hereby did not file a supplemental brief pursuant to the Resolution 15 dated July 27,
sentences him to suffer the penalty of 3 counts of RECLUSION PERPETUA. 2015, within the period fixed therein which expired on October 17, 2015.
Accused is ordered to pay AAA the amount of Php 150,000.00 by way of civil
indemnity; Php75,000.00 as moral damages and Php60,000.00 as exemplary There is no reason to reverse the judgment of conviction, but a modification
damages. of the penalties imposed, the damages awarded, and the nomenclature of
the offense committed, is in order.
SO ORDERED.11
We accord high respect and conclusiveness on the trial court's calibration of
The trial court found AAA as a witness and her testimony credible. She the testimonies of the witnesses and the conclusions derived therefrom when
positively identified her father as the one who raped her and testified no glaring errors, gross misapprehension of facts, and speculative, arbitrary,
consistently and convincingly on the material facts, including the dates and and unsupported conclusions can be gathered from such findings. Indeed,
time, that transpired in the alleged incidents. In addition, PSI Ebdane trial courts are in a better position to decide the question of credibility,
presented and explained her medico-legal report to corroborate AAA's having heard the witnesses themselves and observed their deportment and
declaration that she was sexually molested. The court was unconvinced by manner of testifying during trial, and the rule finds an even more stringent
the defense of alibi and denial of Ursua. Even if corroborated by his son, the application where the trial court's findings are sustained by the CA. 16
defense was not given credence as it was unsubstantiated and there was no
doubt that he could be at the scene of the crime at the time the alleged However, the assailed CA decision is modified as to the penalty imposed and
incidents happened. the damages awarded in Criminal Cases No. 134832-H and 134833-H. With
respect to the two (2) counts of qualified rape by sexual intercourse, Ursua is
On appeal, the CA ruled that Ursua's denial cannot overcome the positive sentenced to suffer the penalty of two (2) counts of reclusion
testimony of AAA. She was spontaneous and credible as she gave clear and perpetua without eligibility for parole,17 and is ordered to pay AAA the
categorical narration of events and was firm and steadfast in her amounts of ₱l00,000.00 as civil indemnity, ₱l00,000.00 as moral damages
accusations. However, in view of the failure of the prosecution to prove the and ₱l00,000.00 as exemplary damages for each count, in line with current
fact of penile penetration with regard to the alleged rape that occurred in the Jurisprudence.18
evening of January 18, 2006, the appellate court downgraded the offense to
acts of lasciviousness.12 It disposed: As to the penalty for qualified rape under paragraph 1, Article 266-A of the
RPC, Article 266-B (1) of the RPC provides that the death penalty shall be
WHEREFORE, premises considered, the appeal is hereby DENIED. The imposed if the victim is under eighteen (18) years of age and the offender is
conviction of the Accused-Appellant Francis Ursua y Bernal for the two (2) the parent. Applying R.A. No. 9346,19 the CA correctly imposed the penalty
counts of rape (Criminal Case No. 134832-H and Criminal Case No. 134833- of reclusion perpetua, but it should be specified that it is without eligibility
H) is AFFIRMED. The third (Criminal Case No. 134834-H) count of rape for parole. This is pursuant to A.M. No. 15-08-02-SC which states that "
is MODIFIED to ACTS OF LASCIVIOUSNESS and accused-appellant is [w]hen circumstances are present warranting the imposition of the death

Page 22 of 41
penalty, but this penalty is not imposed because of R.A. No. 9346, the First, accused-appellant's touching of AAA's breasts and vagina with lewd
qualification 'without eligibility for parole' shall be used to qualify reclusion designs constitute lascivious conduct defined in Section 2(h) of the
perpetua in order to emphasize that the accused should have been Implementing Rules and Regulations of Republic Act No. 7610, to wit:
sentenced to suffer the death penalty had it not been for R.A. No. 9346."
Meanwhile, the damages awarded by the RTC, as affirmed by the CA, should Second, appellant, as a father having moral ascendancy over his daughter,
be modified in view of People v. Jugueta20where it was held that in cases of coerced AAA to engage in lascivious conduct, which is within the purview of
qualified rape where the imposable penalty is death but the same is reduced sexual abuse.
to reclusion perpetua because of R.A. No. 9346, the amounts of civil
indemnity, moral damages and exemplary damages shall be in the amount of Third, AAA is below 18 years old at the time of the commission of the
₱l00,000.00 each.21 offense, based on her testimony which was corroborated by her Birth
Certificate presented during trial. x x x26
As regards Criminal Case No. 134834-H, the CA decision is likewise modified
as to the nomenclature of the offense, the penalty imposed and the Accordingly, Ursua should be convicted of sexual abuse under Section 5(b),
damages awarded. Article III of R.A. No. 7610, and not just acts of lasciviousness under Article
336 of the RPC, in relation to the same provision of R.A. No. 7610.
Since AAA merely testified that her father touched her breasts and vagina,
and thereafter placed himself on top of her ("pumatong siya"), and there Concededly, the failure to designate the offense by statute, or to mention
was no specific mention of a penetration of Ursua's penis or fingers into AAA' the specific provision penalizing the act, or an erroneous specification of the
vagina, the CA correctly ruled that Ursua cannot be held liable for rape by law violated, does not vitiate the information if the facts alleged clearly recite
sexual intercourse as charged in the Information in Criminal Case No. the facts constituting the crime charged, for what controls is not the title of
134834-H. Be that as it may, Ursua can still be convicted of sexual abuse the information or the designation of the offense, but the actual facts recited
under Section 5(b), Article III of R.A. No. 761022 pursuant to the variance in the information.27 It bears emphasis, however, that the designation in the
doctrine under Sections 4 and 5, Rule 12023 of the Rules of Court, because information of the specific statute violated is imperative to avoid surprise on
the same offense was proved during trial and is necessarily included in acts the accused and to afford him the opportunity to prepare his defense
of lasciviousness under Article 336 of the RPC which, under settled accordingly.28 Thus, the Court finds it necessary to stress its ruling
jurisprudence,24 is necessarily included in the crime of rape. 25 in Caoili:29(1) that the crime of acts of lasciviousness under Article 336 of the
RPC, in relation to Section 5(b ), Article III of R.A. No. 7610, can only be
Contrary to the CA's ruling that Ursua is, at the most, liable for one (1) count committed against a victim who is less than 12 years old; and (2) that when
of acts of lasciviousness under Article 336 of the RPC, in relation to Section the victim is aged 12 years old but under 18, or is above 18 years old under
5(b), Article III of R.A. No. 7610 due to the prosecution's failure to prove the special circumstances, the proper designation of the offense is sexual abuse
fact of carnal knowledge, We rule that the proper nomenclature of the or lascivious conduct under Section 5(b) of R.A. No. 7610:
offense is sexual abuse under Section 5(b), Article III of R.A. No. 7610. This
is consistent with the CA's discussion on the prosecution's failure to prove Based on the language of Section 5(b) of R.A. No. 7610, however, the
the fact of carnal knowledge in Criminal Case No. 134834-H: offense designated as Acts of Lasciviousness under Article 336 of the RPC in
relation to Section 4 of R.A. No. 7610 should be used when the victim is
The elements of sexual abuse under Section 5(b), Article III of Republic Act under twelve (12) years of age at the time the offense was committed. This
No. 7610 are as follows: finds support in the first proviso in Section 5(b) of R.A. No. 7610 which
requires that "when the vicitim is under twelve (12) years of age, the
1. The accused commit the act of sexual intercourse or lascivious perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
conduct. and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for
2. The said act is performed with a child exploited in prostitution or rape or lascivious conduct, as the case may be. " Thus, pursuant to
subjected to sexual abuse. this proviso, it has been held that before an accused can be convicted of
3. The child, whether male or female, is below 18 years of age. child abuse through lascivious conduct on a minor below 12 years of age, the

Page 23 of 41
requisites for acts of lasciviousness under Article 336 of the RPC must be of ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, and
met in addition to the requisites for sexual abuse under Section 5 of R.A. No. ₱75,000.00 as exemplary damages, in line with current Jurisprudence. 34
7610.
Finally, a legal interest at the rate of six percent (6%) per annum is imposed
Conversely, when the victim, at the time the offense was committed is aged on all the monetary awards for damages from the date of finality of this
twelve (12) years or over but under eighteen (18), or is eighteen (18) or judgment until fully paid.35
older but unable to fully take care of herself/himself or protect
himself/herself from abuse, neglect, cruelty, exploitation or discrimination WHEREFORE, premises considered, the July 1 7, 2014 Decision of the
because of a physical or mental disability or condition, the nomenclature of Court of Appeals in CA-G.R. CR-HC No. 06105 is AFFIRMED WITH
the offense should be Lascivious Conduct under Section S(b) of R.A. No. MODIFICATION. Accused-appellant Francis Ursua y Bernal is hereby found
7610, since the law no longer refers to Article 336 of the RPC, and the guilty beyond reasonable doubt of the following:
perpetrator is prosecuted solely under R.A. No. 7610.
1. Two (2) counts of Qualified Rape in Criminal Cases No. 134832-H
Accordingly, for the guidance of public prosecutors and the courts, the Court and 134833-H. He is sentenced to suffer the penalty of reclusion
takes this opportunity to prescribe the following guidelines in designating or perpetua without eligibility for parole, and ordered to pay AAA the
charging the proper offense in case lascivious conduct is committed under amounts of ₱l00,000.00 as civil indemnity, ₱l00,000.00 as moral
Section 5(b) of R.A. No. 7610, and in determining the imposable penalty: damages, and ₱l00,000.00 as exemplary damages, for each count;
and
1. The age of the victim is taken into consideration in designating
the offense, and in determining the imposable penalty. 2. One (1) count of Sexual Abuse in Criminal Case No. 134834-H. He
is sentenced to suffer the penalty of reclusion perpetua, to pay a fine
2. If the victim is under twelve (12) years of age, the nomenclature of ₱l5,000.00, and to pay AAA the amounts of ₱75,000.00 as civil
of the crime should be "Acts of Lasciviousness under Article 336 of indemnity, ₱75,000.00 as moral damages, and ₱75,000.00 as
the Revised Penal Code in relation to Section 5(b) of R.A. No. 7610. exemplary damages.
Pursuant to the second proviso in Section 5(b) of R.A. No. 7610, the
imposable penalty is reclusion temporal in its medium period. All monetary awards for damages shall earn an interest rate of six percent
(6%) per annum to be computed from the finality of the judgment until fully
3. If the victim is exactly twelve (12) years of age, or more than paid.
twelve (12) but below eighteen (18) years of age, or is eighteen (18)
years or older but is unable to fully take care of herself/himself or SO ORDERED.
protect herself/himself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition, f. Malto vs. People
the crime should be designated as "Lascivious Conduct under Section
5(b) of R.A. No. 7610," and the imposable penalty is reclusion
G.R. No. 164733               September 21, 2007
temporal in its medium period to reclusion perpetua. 30
MICHAEL JOHN Z. MALTO, Petitioner, 
vs.
Considering that the victim was 14 years old at the time of the commission PEOPLE OF THE PHILIPPINES, Respondent.
of sexual abuse under Section 5(b) of R.A. No. 7610, and there being no
mitigating circumstance to offset the alternative aggravating circumstance of
DECISION
(paternal) relationship,31 as alleged in the inforn1ation and proved during the
trial of Criminal Case No. 134834-H, Ursua is sentenced to suffer the penalty
of reclusion perpetua and is ordered to pay ₱15,000. 00 as fine, pursuant to CORONA, J.:
Section 3l(a)32 and (f)33 of R.A. No. 7610, as well as to pay AAA the amounts

Page 24 of 41
Whereas, mankind owes to the child the best it has to give. (Final Petitioner did not make a plea when arraigned; hence, the trial court entered
preambular clause of the Declaration of the Rights of the Child) for him a plea of "not guilty." After the mandatory pre-trial, trial on the
merits proceeded.
This is a petition for review1 of the decision2 dated July 30, 2004 of the Court
of Appeals (CA) in CA-G.R. CR No. 25925 affirming with modification the The prosecution established the following:
decision3 of Branch 109 of the Regional Trial Court of Pasay City in Criminal
Case No. 00-0691 which found petitioner Michael John Z. Malto guilty for At the time of the incident, private complainant AAA was 17 years old. 7 She
violation of paragraph 3, Section 5(a), Article III of RA 7610,4 as amended. was a college student at the Assumption College in San Lorenzo Village,
Makati City. Petitioner, then 28, was her professor in her Philosophy II class
Petitioner was originally charged in an information which read: in the first semester of the school year 1997 to 1998.

The undersigned Assistant City Prosecutor accuses MICHAEL JOHN Z. MALTO On July 18, 1997, AAA was having lunch with her friends when petitioner
of VIOLATION OF SECTION 5(b), ARTICLE III, REPUBLIC ACT 7610, AS joined their group. He told them to address him simply as "Mike." He handed
AMENDED, committed as follows: them his organizer and asked them to list down their names and contact
numbers.
That on or about and sometime during the month of November 1997 up to
1998, in Pasay City, Metro Manila, Philippines and within the jurisdiction of On October 3, 1997, while AAA and her friends were discussing the movie
this Honorable Court, the above-named accused, Michael John. Z. Malto, a Kama Sutra, petitioner butted in and bragged that it was nothing compared
professor, did then and there willfully, unlawfully and feloniously induce to his collection of xxx-rated films. To the shock of AAA’s group, he lectured
and/or seduce his student at Assumption College, complainant, AAA, a minor on and demonstrated sexual acts he had already experienced. He then
of 17 years old, to indulge in sexual intercourse for several times with him as invited the group to view his collection.
in fact said accused had carnal knowledge.
On October 10, 1997, petitioner reiterated his invitation to AAA and her
Contrary to law.5 friends to watch his collection of pornographic films. Afraid of offending
petitioner, AAA and two of her friends went with him. They rode in his car
This was subsequently amended as follows: and he brought them to the Anito Lodge on Harrison St. in Pasay City. They
checked in at a "calesa room." Petitioner was disappointed when he found
The undersigned Assistant City Prosecutor accuses MICHAEL JOHN Z. MALTO out there was neither a video cassette player (on which he could play his
of VIOLATION OF SECTION 5(a), ARTICLE III, REPUBLIC ACT 7610, AS video tapes) nor an x-rated show on the closed-circuit television. He
AMENDED, committed as follows: suggested that they just cuddle up together. AAA and her friends ignored
him but he pulled each of them towards him to lie with him in bed. They
resisted until he relented.
That on or about and sometime during the month of November 1997 up to
1998, in Pasay City, Metro Manila, Philippines and within the jurisdiction of
this Honorable Court, the above-named accused, Michael John. Z. Malto, a AAA and her friends regretted having accepted petitioner’s invitation. For
professor, did then and there willfully, unlawfully and feloniously take fear of embarrassment in case their classmates got wind of what happened,
advantage and exert influence, relationship and moral ascendancy and they agreed to keep things a secret. Meanwhile, petitioner apologized for his
induce and/or seduce his student at Assumption College, complainant, AAA, actuations.
a minor of 17 years old, to indulge in sexual intercourse and lascivious
conduct for several times with him as in fact said accused has carnal Thereafter, petitioner started to show AAA amorous attention. He called her
knowledge. on the phone and paged8 her romantic messages at least thrice a day. When
semestral break came, his calls and messages became more frequent. Their
Contrary to law.6 conversation always started innocently but he had a way of veering the
subject to sex. Young, naive and coming from a broken family, AAA was

Page 25 of 41
soon overwhelmed by petitioner’s persistence and slowly got attracted to relations with a student and sexually harassing three other students. His
him. He was the first person to court her. Soon, they had a "mutual employment was also terminated by Assumption College for sexually
understanding" and became sweethearts. harassing two of his students. It was then that AAA realized that she was
actually abused by petitioner. Depressed and distressed, she confided all that
When AAA secured her class card in Philosophy II at the start of the second happened between her and petitioner to her mother, BBB.
semester, petitioner told her that he gave her a final grade of "3." She
protested, stating that her mid-term grade was "1.2." He gave her a grade of On learning what her daughter underwent in the hands of petitioner, BBB
"1.5" when she promised not to disclose his intimate messages to her to filed an administrative complaint in Assumption College against him. She also
anyone. He also cautioned her not to tell anyone about their affair as it could lodged a complaint in the Office of the City Prosecutor of Pasay City which
jeopardize his job. led to the filing of Criminal Case No. 00-0691.

On November 19, 1997, at around 11:00 a.m., AAA agreed to have lunch In his defense, petitioner proffered denial and alibi. He claimed that the
with petitioner outside the premises of the college. Since she was not feeling alleged incidents on October 3, 1997 and October 10, 1997 did not happen.
well at that time, he asked her to lie down in the backseat of his car. She He spent October 3, 1997 with his colleagues Joseph Hipolito and AJ Lagaso
was surprised when he brought her to Queensland Lodge9 on Harrison St. in while he was busy checking papers and computing grades on October 10,
Pasay City. Once inside the motel room, he kissed her at the back and neck, 1997. The last time he saw AAA during the first semester was when she
touched her breasts and placed his hand inside her blouse. She resisted his submitted her final paper on October 18, 1997.
advances but he was too strong for her. He stopped only when she got
angry at him. On November 19, 1997, between 10:30 a.m. and 1:00 p.m., he sorted out
conflicts of class schedules for the second semester at the Assumption
On November 26, 1997, petitioner asked AAA to come with him so that they College. On November 26, 1997, he was at St. Scholastica’s College (where
could talk in private. He again brought her to Queensland Lodge. As soon as he was also teaching) preparing a faculty concert slated on December 12,
they were inside the room, he took off his shirt, lay down in bed and told 1997. At lunch time, he attended the birthday treat of a colleague, Evelyn
her, "halika na, dito na tayo mag-usap." She refused but he dragged her Bancoro.
towards the bed, kissed her lips, neck and breasts and unsnapped her
brassiere. She struggled to stop him but he overpowered her. He went on On November 29, 1997, he attended AAA’s 18th birthday party. That was the
top of her, lowered her pants and touched her private part. He tried to last time he saw her.
penetrate her but she pushed him away forcefully and she sat up in bed. He
hugged her tightly saying, "Sige na, AAA, pumayag ka na, I won’t hurt you." According to petitioner, AAA became his sweetheart when she was already
She refused and said, "Mike, ayoko." He angrily stood up saying, "Fine, hindi 19 years old and after he was dismissed from Assumption College. On
na tayo mag-uusap. Don’t come to the faculty room anymore. You know I December 27 and 28, 1998, they spent time together, shared their worries,
need this and if you will not give in or give it to me, let us end this." She problems and dreams and kissed each other. On January 3, 1999, he
replied, "Mike, hindi pa ako  ready and it was you who said it will be after my brought her to Queensland Lodge where they had sexual intercourse for the
debut" on December 3, 1997. He insisted that there was no difference first time. It was repeated for at least 20 times from January 1999 until they
between having sex then and after her debut. He told her, "kung hindi ko broke up in July 1999, some of which were done at either his or her house
makukuha ngayon, tapusin na natin ngayon." Pressured and afraid of his when no one was around.
threat to end their relationship, she hesitantly replied "Fine." On hearing this,
he quickly undressed while commenting "ibibigay mo rin pala, pinahirapan
The trial court found the evidence for the prosecution sufficient to sustain
mo pa ako" and laughed. They had sexual intercourse.
petitioner’s conviction. On March 7, 2001, it rendered a decision finding
petitioner guilty.10 The dispositive portion read:
In July 1999, AAA ended her relationship with petitioner. She learned that he
was either intimately involved with or was sexually harassing his students in
In view of the foregoing, the Court finds the accused Michael John Malto y
Assumption College and in other colleges where he taught. In particular, he
Zarsadias guilty beyond reasonable doubt for violation of Article III, Section
was dismissed from the De La Salle University-Aguinaldo for having sexual

Page 26 of 41
5(a)[,] paragraph 3 of RA 7610[,] as amended and hereby sentences him The complaint or information shall state the designation of the offense given
to reclusion temporal in its medium period or an imprisonment of seventeen by the statute, aver the acts or omissions constituting the offense and
(17) years, four (4) months and one (1) day to twenty (20) years and to pay specify its qualifying and aggravating circumstances.17 If there is no
civil indemnity in the amount of Php 75,000.00 and moral and exemplary designation of the offense, reference shall be made to the section or
damages of Php 50,000.00 to minor complainant with subsidiary subsection of the statute punishing it.18 The acts or omissions constituting
imprisonment in case of insolvency.11 the offense and the qualifying and aggravating circumstances must be stated
in ordinary and concise language and not necessarily in the language used in
Petitioner questioned the trial court’s decision in the CA. In a decision dated the statute but in terms sufficient to enable a person of common
July 30, 2004,12 the appellate court affirmed his conviction even if it found understanding to know what offense is being charged as well as its
that his acts were not covered by paragraph (a) but by paragraph (b) of qualifying and aggravating circumstances and for the court to pronounce
Section 5, Article III of RA 7610. It further observed that the trial court failed judgment.19
to fix the minimum term of indeterminate sentence imposed on him. It also
ruled that the trial court erred in awarding ₱75,000 civil indemnity in favor of The designation of the offense in the information against petitioner was
AAA as it was proper only in a conviction for rape committed under the changed from "violation of Section 5(b), Article III" of RA 7610 to "violation
circumstances under which the death penalty was authorized by of Section 5(a), Article III" thereof. Paragraphs (a) and (b) of Section 5,
law.13 Hence, the CA modified the decision of the trial court as follows: Article III of RA 7610 provide:

WHEREFORE, the appealed Decision of conviction is AFFIRMED, with Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether
the MODIFICATION that (1) appellant MICHAEL JOHN MALTO y male or female, who, for money, profit, or any other consideration or due to
ZARSADIAS is hereby sentenced to an indeterminate penalty of Eight (8) the coercion or influence of any adult, syndicate or group, indulge in
Years and One (1) Day of prision mayor as minimum, to Seventeen (17) sexual intercourse or lascivious conduct, are deemed to be children
Years, Four (4) Months and One (1) Day of reclusion temporal as maximum; exploited in prostitution and other sexual abuse.
and (2) the sum of ₱75,000.00 as civil indemnity is DELETED.14
The penalty of reclusion temporal in its medium period to reclusion
Hence, this petition. perpetua shall be imposed upon the following:

Petitioner contends that the CA erred in sustaining his conviction although it (a) Those who engage in or promote, facilitate or induce child
found that he did not rape AAA. For him, he should have been acquitted prostitution which include, but are not limited to, the following:
since there was no rape. He also claims that he and AAA were sweethearts
and their sexual intercourse was consensual. 1. Acting as a procurer of a child prostitute;
2. Inducing a person to be a client of a child prostitute by
Petitioner is wrong. means of written or oral advertisements or other similar
means;
The Offense Stated in the Information Was Wrongly Designated 3. Taking advantage of influence or relationship to procure a
child as a prostitute;
In all criminal prosecutions, the accused is entitled to be informed of the 4. Threatening or using violence towards a child to engage
nature and cause of the accusation against him.15 Pursuant thereto, the him as a prostitute; or
complaint or information against him should be sufficient in form and 5. Giving monetary consideration, goods or other pecuniary
substance. A complaint or information is sufficient if it states the name of the benefit to a child with intent to engage such child in
accused; the designation of the offense by the statute; the acts or omissions prostitution.
complained of as constituting the offense; the name of the offended party;
the approximate date of the commission of the offense and the place where (b) Those who commit the act of sexual intercourse or
the offense was committed.16 lascivious conduct with a child exploited in prostitution

Page 27 of 41
 or subjected to other sexual abuse: Provided, That when the On the other hand, paragraph (b) punishes sexual intercourse or lascivious
victim is under twelve (12) years of age, the perpetrators shall be conduct not only with a child exploited in prostitution but also with a child
prosecuted under Article 335, paragraph 3, for rape and Article 336 subjected to other sexual abuse. It covers not only a situation where a child
of Act No. 3815, as amended, the Revised Penal Code, for rape or is abused for profit but also one in which a child, through coercion,
lascivious conduct, as the case may be: Provided, that the penalty intimidation or influence, engages in sexual intercourse or lascivious
for lascivious conduct when the victim is under twelve (12) years of conduct.20
age shall be reclusion temporal in its medium period; and
The information against petitioner did not allege anything pertaining to or
The elements of paragraph (a) are: connected with child prostitution. It did not aver that AAA was abused for
profit. What it charged was that petitioner had carnal knowledge or
1. the accused engages in, promotes, facilitates or induces child prostitution; committed sexual intercourse and lascivious conduct with AAA; AAA was
induced and/or seduced by petitioner who was her professor to indulge in
2. the act is done through, but not limited to, the following means: sexual intercourse and lascivious conduct and AAA was a 17-year old minor.
These allegations support a charge for violation of paragraph (b), not
paragraph (a), of Section 5, Article III, RA 7610.
a. acting as a procurer of a child prostitute;
b. inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar The Real Nature of the Offense is Determined by Facts Alleged in
means; the Information, Not By the Designation
c. taking advantage of influence or relationship to procure a
child as a prostitute; The designation in the information of the specific statute violated is
d. threatening or using violence towards a child to engage imperative to avoid surprise on the accused and to afford him the
him as a prostitute or opportunity to prepare his defense accordingly. However, the failure to
e. giving monetary consideration, goods or other pecuniary designate the offense by statute,21 or to mention the specific provision
benefit to a child with intent to engage such child in penalizing the act,22 or an erroneous specification of the law violated 23 does
prostitution; not vitiate the information if the facts alleged clearly recite the facts
constituting the crime charged.24 What controls is not the title of the
3. the child is exploited or intended to be exploited in prostitution and information or the designation of the offense but the actual facts recited in
the information.25 In other words, it is the recital of facts of the commission
of the offense, not the nomenclature of the offense, that determines the
4. the child, whether male or female, is below 18 years of age.
crime being charged in the information. 26
On the other hand, the elements of paragraph (b) are:
The facts stated in the amended information against petitioner correctly
made out a charge for violation of Section 5(b), Article III, RA 7610. Thus,
1. the accused commits the act of sexual intercourse or lascivious conduct; even if the trial and appellate courts followed the wrong designation of the
offense, petitioner could be convicted of the offense on the basis of the facts
2. the act is performed with a child exploited in prostitution or subjected to recited in the information and duly proven during trial.
other sexual abuse and
Petitioner violated Section 5(b), Article III of RA 7610, as amended
3. the child, whether male or female, is below 18 years of age.
The first element of Section 5(b), Article III of RA 7610 pertains to the act or
Paragraph (a) essentially punishes acts pertaining to or connected with child acts committed by the accused. The second element refers to the state or
prostitution. It contemplates sexual abuse of a child exploited in prostitution. condition of the offended party. The third element corresponds to the
In other words, under paragraph (a), the child is abused primarily for profit. minority or age of the offended party.

Page 28 of 41
The first element was present in this case. Petitioner committed lascivious The third element of the offense was also satisfied. Section 3 (a), Article I of
conduct against and had sexual intercourse with AAA in the following RA 7610 provides:
instances: (1) on November 19, 1997, when he kissed her at the back and
neck, touched her breasts and placed his hand inside her blouse to gratify SECTION 3. Definition of Terms. –
his lust; (2) on November 26, 1997, when, with lewd designs, he dragged
her towards the bed of the motel room and forcibly kissed her on the lips, (a) "Children" refers [to] persons below eighteen (18) years of
neck and breasts and (3) when he exerted moral influence on her and age or those over but are unable to fully take care of themselves or protect
pressured her until she surrendered herself to him on November 26, 1997. themselves from abuse, neglect, cruelty, exploitation or discrimination
His acts were covered by the definitions of sexual abuse and lascivious because of a physical or mental disability or condition; (emphasis supplied)
conduct under Section 2(g) and (h) of the Rules and Regulations on the
Reporting and Investigation of Child Abuse Cases promulgated to implement
On November 19, 2007 and November 26, 2007, AAA was a child as she was
the provisions of RA 7610, particularly on child abuse:
below 18 years of age. She was therefore within the protective mantle of the
law.
(g) "Sexual abuse" includes the employment, use, persuasion,
inducement, enticement or coercion of a child to engage in, or assist
Since all three elements of the crime were present, the conviction of
another person to engage in, sexual intercourse or lascivious
petitioner was proper.
conduct or the molestation, prostitution, or incest with children;
Violation of Section 5(b), Article III of RA 7610 and Rape are
(h) "Lascivious conduct" means the intentional touching, either
Separate and Distinct Crimes
directly or through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction of any object into the genitalia,
anus or mouth, of any person, whether of the same or opposite sex, Petitioner was charged and convicted for violation of Section 5(b), Article III
with an intent to abuse, humiliate, harass, degrade, or arouse or gratify of RA 7610, not rape. The offense for which he was convicted is punished by
the sexual desire of any person, bestiality, masturbation, lascivious a special law while rape is a felony under the Revised Penal Code. 28 They
exhibition of the genitals or public area of a person. (emphasis supplied) have different elements.29 The two are separate and distinct crimes. Thus,
petitioner can be held liable for violation of Section 5(b), Article III of RA
7610 despite a finding that he did not commit rape.
The second element was likewise present here. The following
pronouncement in People v. Larin27 is significant:
Consent of the Child is Immaterial in Criminal Cases Involving
Violation of Section 5, Article III of RA 7610
A child is deemed exploited in prostitution or subjected to other sexual
abuse, when the child indulges in sexual intercourse or lascivious
conduct (a) for money, profit, or any other consideration; or (b) under Petitioner claims that AAA welcomed his kisses and touches and consented
thecoercion or influence of any adult, syndicate or group. (emphasis to have sexual intercourse with him. They engaged in these acts out of
supplied) mutual love and affection. But may the "sweetheart theory" be invoked in
cases of child prostitution and other sexual abuse prosecuted under Section
5, Article III of RA 7610? No.
On November 19, 1997, due to the influence of petitioner, AAA indulged in
lascivious acts with or allowed him to commit lascivious acts on her. This was
repeated on November 26, 1997 on which date AAA also indulged in sexual The sweetheart theory applies in acts of lasciviousness and rape, felonies
intercourse with petitioner as a result of the latter’s influence and moral committed against or without the consent of the victim. It operates on the
ascendancy. Thus, she was deemed to be a "child subjected to other sexual theory that the sexual act was consensual. It requires proof that the accused
abuse" as the concept is defined in the opening paragraph of Section 5, and the victim were lovers and that she consented to the sexual relations. 30
Article III of RA 7610 and in Larin.
For purposes of sexual intercourse and lascivious conduct in child abuse
cases under RA 7610, the sweetheart defense is unacceptable. A child

Page 29 of 41
exploited in prostitution or subjected to other sexual abuse cannot validly as well as to
give consent to sexual intercourse with another person.
intervene on behalf of the child when the parents, guardian, teacher or
The language of the law is clear: it seeks to punish person having care or custody of the child fails or is unable to protect the
child against abuse, exploitation, and discrimination or when such acts
[t]hose who commit the act of sexual intercourse or lascivious conduct with against the child are committed by the said parent,
a child exploited in prostitution or subjected to other sexual abuse. guardian, teacher or person having care and custody of the
same.39(emphasis supplied)
Unlike rape, therefore, consent is immaterial in cases involving violation of
Section 5, Article III of RA 7610. The mere act of having sexual intercourse This is also in harmony with the foremost consideration of the child’s best
or committing lascivious conduct with a child who is exploited in prostitution interests in all actions concerning him or her.
or subjected to sexual abuse constitutes the offense. It is a malum
prohibitum, an evil that is proscribed. The best interest of children shall be the paramount consideration
in all actions concerning them, whether undertaken by public or private
A child cannot give consent to a contract under our civil laws. 31 This is on the social welfare institutions, courts of law, administrative authorities, and
rationale that she can easily be the victim of fraud as she is not capable of legislative bodies, consistent with the principles of First Call for Children as
fully understanding or knowing the nature or import of her actions. The enunciated in the United Nations Convention on the Rights of the
State, as parens patriae, is under the obligation to minimize the risk of harm Child. Every effort shall be exerted to promote the welfare of
to those who, because of their minority, are as yet unable to take care of children and enhance their opportunities for a useful and happy
themselves fully.32 Those of tender years deserve its protection.33 life.40 (emphasis supplied)

The harm which results from a child’s bad decision in a sexual encounter Petitioner May Enjoy the Benefits of the Indeterminate Sentence
may be infinitely more damaging to her than a bad business deal. Thus, the Law
law should protect her from the harmful consequences 34 of her attempts at
adult sexual behavior.35 For this reason, a child should not be deemed to The penalty prescribed for violation of the provisions of Section 5, Article III
have validly consented to adult sexual activity and to surrender herself in the of RA 7610 is reclusion temporal in its medium period to reclusion perpetua.
act of ultimate physical intimacy under a law which seeks to afford her In the absence of any mitigating or aggravating circumstance, the proper
special protection against abuse, exploitation and discrimination. (Otherwise, imposable penalty is reclusion temporal  in its maximum period, the medium
sexual predators like petitioner will be justified, or even unwittingly tempted of the penalty prescribed by the law.41Notwithstanding that RA 7610 is a
by the law, to view her as fair game and vulnerable prey.) In other words, a special law, petitioner may enjoy the benefits of the Indeterminate Sentence
child is presumed by law to be incapable of giving rational consent to any Law.42 Since the penalty provided in RA 7610 is taken from the range of
lascivious act or sexual intercourse.361âwphi1 penalties in the Revised Penal Code, it is covered by the first clause of
Section 1 of the Indeterminate Sentence Law.43 Thus, he is entitled to a
This must be so if we are to be true to the constitutionally enshrined State maximum term which should be within the range of the proper imposable
policy to promote the physical, moral, spiritual, intellectual and social well- penalty of reclusion temporal  in its maximum period (ranging from 17 years,
being of the youth.37 This is consistent with the declared policy of the State 4 months and 1 day to 20 years) and a minimum term to be taken within the
range of the penalty next lower to that prescribed by the law: prision
[T]o provide special protection to children from all forms of mayor in its medium period to reclusion temporal in its minimum period
abuse, neglect, cruelty, exploitation and discrimination, and other (ranging from 8 years and 1 day to 14 years and 8 months).
conditions prejudicial to their development; provide sanctions for
their commissionand carry out a program for prevention and deterrence of The Award of Damages Should Be Modified
and crisis intervention in situations of child abuse, exploitation, and
discrimination.38 (emphasis supplied)

Page 30 of 41
The trial court awarded AAA ₱75,000 as civil indemnity, ₱50,000 as moral G.R. No. 171863             August 20, 2008
and exemplary damages. The CA deleted the award for civil indemnity. It PEOPLE OF THE PHILIPPINES, petitioner, 
correctly reasoned that the award was proper only in a conviction for rape vs.
committed under the circumstances under which the death penalty is THE HONORABLE COURT OF APPEALS (Second Division) and
authorized by law. Consistent, however, with the objective of RA 7610 to GASPAR OLAYON, respondents.
afford children special protection against abuse, exploitation and
discrimination and with the principle that every person who contrary to law, DECISION
willfully or negligently causes damage to another shall indemnify the latter
for the same,44 civil indemnity to the child is proper in a case involving CARPIO MORALES, J.:
violation of Section 5(b), Article III of RA 7610. Every person criminally liable
is civilly liable.45 The rule is that, in crimes and quasi-delicts, the defendant
The then 22-year old herein respondent Gaspar Olayon was charged with
shall be liable for all damages which are the natural and probable
violation of Section 10(a) of Republic Act No. 7610 (The Special
consequences of the act or omission complained of.46Thus, ₱50,000 civil
Protection of Children against Abuse, Exploitation, and Discrimination Act) in
indemnity ex delicto shall be awarded in cases of violation of Section 5(b),
two separate Informations filed before the Regional Trial Court (RTC) of
Article III of RA 7610.47
Pasig City, of which the then 14-year old AAA was alleged to be the victim.

Moreover, the CA erred in affirming the grant of ₱50,000 as "moral and

Criminal Case No. 112571 alleged that
exemplary damages." The rule is that, in every case, trial courts must specify
the award of each item of damages and make a finding thereon in the body
of the decision.48 Thus, moral damages and exemplary damages should be On or about 10:00 a.m. of January 27, 1997 in Taguig, Metro Manila
separate items of award. and within the jurisdiction of this Honorable Court, the accused, with
lewd designs, did then and there willfully, unlawfully and
feloniously have sexual intercourse with and commit lewd and
AAA testified that she was "emotionally devastated" and "lost touch of her
lascivious acts upon the person of [AAA], a minor, fourteen (14)
inner self" as a result of what petitioner did to her. Because of the mental
years of age.1 (Underscoring supplied)
anxiety and wounded feelings caused by petitioner to her, she had several
sessions with the dean for student affairs 49 and the guidance counselor of
Assumption College as well as with a psychiatrist. This was corroborated by Criminal Case No. 112572 alleged that
her mother and the dean of student affairs of Assumption College. Thus, she
is entitled to moral damages of ₱50,000. However, in the absence of an On or about 2:00 p.m. of January 27, 1997 in Taguig, Metro Manila
aggravating circumstance, the grant of exemplary damages is unwarranted. 50 and within the jurisdiction of this Honorable Court, the accused, with
lewd designs, did then and there willfully, unlawfully and
Accordingly, the petition is hereby DENIED. Petitioner Michael John Z. Malto feloniously have sexual intercourse with and commit lewd and
is hereby found guilty of violating Section 5(b), Article III of RA 7610, as lascivious acts upon the person of [AAA], a minor, fourteen (14)
amended, for which he is sentenced to 14 years and 8 months of   reclusion years of age.2 (Underscoring supplied)
temporal as minimum to 20 years of reclusion temporal as maximum. He is
further ordered to pay AAA ₱50,000 as civil indemnity and ₱50,000 for moral Respondent was also charged for acts of lasciviousness before the RTC of
damages. Taguig, docketed as Criminal Case No. 116350, of which the same then
14-year old AAA was alleged to be the victim. The case was transferred to
Costs against petitioner. the Pasig City RTC and consolidated with Criminal Case Nos. 112571-
72. 3 The three cases were jointly tried.4
SO ORDERED.
After trial, Branch 158 of the Pasig City RTC, by Decision of January 15,
2002, acquitted respondent in Criminal Case No. 116350 (for acts of
g. People vs. CA G.R. No. 171863 (2008)
lasciviousness).5 It, however, convicted respondent of violation of Section 10

Page 31 of 41
(a) of Republic Act (R.A.) No. 7610 in Criminal Case Nos. 112571-72 in this sentenced to suffer in prison the penalty of six (6) years, eight (8)
wise: months and one (1) day to seven (7) years and four (4) months of
prision mayor for each count. He is acquitted in Criminal Case No.
x x x The accused, Olayon admitted his sexual liaisons with [AAA]. 116350.
His defenses are: 1) [AAA] is his sweetheart and 2) whatever
happened to them in terms of these sexual liaisons, occurred with Costs against the accused.
the consent of [AAA]. Although the testimony of [AAA] denies she
consented to the sexual liaisons, the evidence did not support it. SO ORDERED.7

The events that occurred on January 27, 1997 at the house of one On appeal by respondent,8 the Court of Appeals, answering in the negative
Duke Espiritu show that [AAA] went with Olayon to that place the issue of whether consensual sexual intercourse with a minor is classified
voluntarily. First, she was fetched from a tricycle stand and it took as child abuse under Section 10 of RA No. 7610, reversed the trial court’s
them another ride to go to the house of Espiritu. If indeed she was decision and acquitted respondent, by Decision9 of January 13, 2006,
forced to board the tricycle, she could have resisted and shouted for reasoning as follows:
help considering that there were normally people around in a tricycle
stand, waiting for rides. If she indeed resisted and showed any "Acts of child abuse" under Section 10 (a) of R.A. 7610 refers to
manifestation in this regard, people could have easily helped her in those acts listed under Sec. 3(b) of R.A. 7610, which reads as
resisting whatever it was Olayon wanted. Second, at the house of follows:
Espiritu she could have easily shouted for help since it was located
near a road and a pathway. x x x
Sec. 3. Definition of Terms –

Although the sexual liaisons that occurred on January 27, 1997 were
(a) x x x
with the consent of [AAA] who at that time was only 14 years of
age, Olayon cannot escape responsibility because he took
advantage of [AAA’s] minority to have these sexual liaisons , (b) "Child Abuse" refers to maltreatment, whether habitual or not,
even if they were with her consent. Consent is not an accepted of the child which includes any of the following:
defense in this special law. He violated then Republic Act No.
7610, Section 10(a) which provides: 1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
Section 10(a) – Any person who shall commit any other acts
of child abuse, cruelty or exploitation or be responsible for 2) Any act or deeds [sic] or words [sic] which debases, degrades or demeans
other conditions prejudicial to the child’s development the intrinsic worth and dignity of a child as a human being;
including those covered by Article 59 of Presidential Decree
No. 603, as amended, shall suffer the penalty of prision 3) Unreasonable deprivation of his basic needs for survival, such as food and
mayor in its minimum period. shelter; or

x x x x6 (Emphasis and underscoring supplied) 4) Failure to immediately give medical treatment to an injured child resulting
in serious impairment of his growth and development or in his permanent
Thus the trial court disposed: incapacity or death.

WHEREFORE, Gaspar Olayon y Matubis a.k.a Eric Ramirez is found Consensual sexual intercourse between OLAY[O]N and [AAA]
guilty beyond reasonable doubt for having violated Republic Act No. does not fall under the "sexual abuse" definition [in Section 5 of R.A.
7610, Section 10 (a) in Criminal Case Nos. 112571-72 and is No. 7610] which is a completely distinct and separate offense from

Page 32 of 41
 "child abuse," [under Section 10] because "sexual abuse" pertains to Section 10(a) of R.A. No. 7610 under which respondent was charged in each
and is associated with "child prostitution" [as defined in Section of the two cases provides:
5]. "Sexual abuse" is defined separately under Section 5 of
R.A. 7610, which reads as follows: SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions  Prejudicial to the Child's Development. —
Sec. 5. Child Prostitution and Other Sexual Abuse – Children, whether male
or female, who for money, profit or any other consideration or due to the (a) Any person who shall commit any other acts of child abuse, cruelty or
coercion or influence of any adult, syndicate or group, indulge in sexual exploitation or be responsible for other conditions prejudicial to the child's
intercourse or lascivious conduct, are deemed to be children exploited in development including those covered by Article 59 of Presidential Decree No.
prostitution and other sexual abuse. 603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.
Moreover, for the act of intercourse between OLAY[O]N and (Underscoring supplied),
[AAA] to be considered sexual abuse [under Section 5], such
intercourse should have occurred due to coercion or Section 5(b), upon the other hand, provides:
intimidation. In the case at bench, neither coercion nor
intimidation were found to have been present,  consent having SEC. 5. Child Prostitution and Other Sexual Abuse . — Children,
been freely given.10 (Emphasis, italics and underscoring supplied) whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult,
Hence, the present petition for certiorari11 of the People under Rule 65, syndicate or group, indulge in sexual intercourse or lascivious conduct, are
alleging that the Court of Appeals acted with grave abuse of discretion deemed to be children exploited in prostitution and other sexual abuse.
amounting to lack or excess of jurisdiction
The penalty of reclusion temporal in its medium period to reclusion
x x x IN ACQUITTING RESPONDENT OLAYON OF THE TWO (2) COUNTS OF perpetua shall be imposed upon the following:
CHILD ABUSE UNDER SECTION 10(A) OF R.A. 7610 DESPITE THE FACT
THAT THE SEXUAL ACTS COMMITTED BY RESPONDENT OLAYON ON THE (b) Those who commit the act of sexual intercourse or lascivious conduct
MINOR PRIVATE COMPLAINANT ARE CLEARLY WITHIN THE with a child exploited in prostitution or subject to other sexual abuse;
TERM "OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR Provided, That when the victims is under twelve (12) years of age, the
EXPLOITATION AND OTHER CONDITIONS PREJUDICIAL TO THE perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and
CHILD’S DEVELOPMENT" DECLARED PUNISHABLE UNDER SECTION Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or
10(A) OF R.A. 7610.12 (Emphasis and underscoring supplied) lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be
The record shows that the Pasig City Prosecutor’s Office found that the acts reclusion temporal in its medium period; (Italics in the original, emphasis and
of respondent did not amount to rape as they were done with the consent of underscoring supplied)
the 14-year old AAA.13 Nevertheless, it found the acts constitutive of
"violations of [Republic] Act No. 7610," hence, its filing of the above-quoted As Section 10 refers to acts of child abuse prejudicial to the child’s
Informations for violation of Section 10(a).14 development other than child prostitution and other sexual abuse16 under
Section 5, attempt to commit child prostitution, 17 child trafficking,18 attempt
The Informations alleged that respondent, "with lewd designs did willfully, to commit child trafficking,19 and obscene publications and indecent
unlawfully, and feloniously have sexual intercourse with and commit lewd shows,20 the Court of Appeals did not commit grave abuse of discretion in
and lascivious acts upon the person of [AAA], a minor, fourteen (14) years of holding that "x x x ‘sexual abuse’ [as defined under Section 5] x x x is a
age."15 completely distinct and separate offense from ‘child abuse’ [as defined under
Section 10]."

Page 33 of 41
Consensual sexual intercourse or even acts of lasciviousness with a minor 3. R.A. 9208
who is 12 years old or older could constitute a violation of Section 5(b) of
R.A. No. 7610. For Section 5(b) punishes sexual intercourse or lascivious Twelfth Congress
conduct not only with a child exploited in prostitution but also with a child Second Regular Session
subjected to other sexual abuse.21
Begun held in Metro Manila on Monday, the twenty-second day of July, two
Section 2(g) of the Rules and Regulations on the Reporting and Investigation thousand two
of Child Abuse Cases, promulgated to implement R.A. No. 7610, defines
"sexual abuse" as including "the employment, use, persuasion, inducement, Republic Act No. 9208             May 26, 2003
enticement orcoercion of a child to engage in, or assist another person to
engage in, sexual intercourse or lascivious conduct or the molestation,
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
prostitution, or incest with children." (Underscoring supplied)
PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING
THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
For consensual sexual intercourse or lascivious conduct with a minor, who is PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
not exploited in prostitution, to thus fall within the purview of Section 5(b) of PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
R.A. No. 7610, "persuasion, inducement, enticement or coercion" of the child
must be present.
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
In People v. Larin,22 the information alleged that the therein accused took
advantage of his authority, influence, and moral ascendancy as
Section 1. Title.  This Act shall be known as the "Anti-Trafficking in
trainor/swimming instructor of the minor victim 23 which the Court found
Persons Act of 2003".
constituted "psychological coercion."24 In convicting the therein accused for
lascivious acts, the Court held:
Section 2. Declaration of Policy.  – It is hereby declared that the State
values the dignity of every human person and guarantees the respect of
It must be noted that [Republic Act No. 7610] covers not only a
individual rights. In pursuit of this policy, the State shall give highest priority
situation in which a child is abused for profit, but also one in which a
to the enactment of measures and development of programs that will
child, through coercion or intimidation, engages in any lascivious
promote human dignity, protect the people from any threat of violence and
conduct.25 (Emphasis and underscoring supplied)
exploitation, eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to support trafficked
And even in Malto v. People26 wherein the accused was convicted for persons but more importantly, to ensure their recovery, rehabilitation and
violation of Section 5(b) of R.A. No. 7610,  the information alleged, and the reintegration into the mainstream of society.
prosecution proved, that the therein accused who was the minor’s professor
obtained the minor’s consent by taking advantage of his relationship and
It shall be a State policy to recognize the equal rights and inherent human
moral ascendancy to exert influence on her.
dignity of women and men as enshrined in the United Nations Universal
Declaration on Human Rights, United Nations Convention on the Rights of
In the case at bar, even if respondent were charged under Section 5(b), the Child, United Nations Convention on the Protection of Migrant Workers
instead of Section 10(a), respondent would just the same have been and their Families. United Nations Convention Against Transnational
acquitted as there was no allegation that an element of the offense – Organized Crime Including its Protocol to Prevent, Suppress and Punish
coercion or influence or intimidation – attended its commission. Trafficking in Persons, Especially Women and Children and all other relevant
and universally accepted human rights instruments and other international
In light of the foregoing disquisition, the petition is DENIED. conventions to which the Philippines is a signatory.

SO ORDERED. Section 3. Definition of Terms. - As used in this Act:

Page 34 of 41
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer payment for a debt, when the length and nature of services is not clearly
or harboring, or receipt of persons with or without the victim's consent or defined or when the value of the services as reasonably assessed is not
knowledge, within or across national borders by means of threat or use of applied toward the liquidation of the debt.
force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or, (h) Pornography - refers to any representation, through publication,
the giving or receiving of payments or benefits to achieve the consent of a exhibition, cinematography, indecent shows, information technology, or by
person having control over another person for the purpose of exploitation whatever means, of a person engaged in real or simulated explicit sexual
which includes at a minimum, the exploitation or the prostitution of others or activities or any representation of the sexual parts of a person for primarily
other forms of sexual exploitation, forced labor or services, slavery, servitude sexual purposes.
or the removal or sale of organs.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created
The recruitment, transportation, transfer, harboring or receipt of a child for under Section 20 of this Act.
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 Section 4. Acts of Trafficking in Persons.  - It shall be unlawful for any
preceding paragraph. person, natural or juridical, to commit any of the following acts:

(b) Child - refers to a person below eighteen (18) years of age or one who is (a) To recruit, transport, transfer; harbor, provide, or receive a person by
over eighteen (18) but is unable to fully take care of or protect any means, including those done under the pretext of domestic or overseas
himself/herself from abuse, neglect, cruelty, exploitation, or discrimination employment or training or apprenticeship, for the purpose of prostitution,
because of a physical or mental disability or condition. pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(c) Prostitution  - refers to any act, transaction, scheme or design involving
the use of a person by another, for sexual intercourse or lascivious conduct (b) To introduce or match for money, profit, or material, economic or other
in exchange for money, profit or any other consideration. 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
(d) Forced Labor and Slavery - refer to the extraction of work or services acquiring, buying, offering, selling or trading him/her to engage in
from any person by means of enticement, violence, intimidation or threat, prostitution, pornography, sexual exploitation, forced labor, slavery,
use of force or coercion, including deprivation of freedom, abuse of authority involuntary servitude or debt bondage;
or moral ascendancy, debt-bondage or deception.
(c) To offer or contract marriage, real or simulated, for the purpose of
(e) Sex Tourism - refers to a program organized by travel and tourism- acquiring, buying, offering, selling, or trading them to engage in prostitution,
related establishments and individuals which consists of tourism packages or pornography, sexual exploitation, forced labor or slavery, involuntary
activities, utilizing and offering escort and sexual services as enticement for servitude or debt bondage;
tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military. (d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
(f) Sexual Exploitation  - refers to participation by a person in prostitution or prostitution, pornography or sexual exploitation;
the production of pornographic materials as a result of being subjected to a
threat, deception, coercion, abduction, force, abuse of authority, debt (e) To maintain or hire a person to engage in prostitution or pornography;
bondage, fraud or through abuse of a victim's vulnerability.
(f) To adopt or facilitate the adoption of persons for the purpose of
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal prostitution, pornography, sexual exploitation, forced labor, slavery,
services or labor or those of a person under his/her control as security or involuntary servitude or debt bondage;

Page 35 of 41
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat (g) To knowingly benefit from, financial or otherwise, or make use of, the
or use of force, fraud, deceit, violence, coercion, or intimidation for the labor or services of a person held to a condition of involuntary servitude,
purpose of removal or sale of organs of said person; and forced labor, or slavery.

(h) To recruit, transport or adopt a child to engage in armed activities in the Section 6. Qualified Trafficking in Persons. - The following are considered
Philippines or abroad. as qualified trafficking:

Section 5. Acts that Promote Trafficking in Persons. - The following acts (a) When the trafficked person is a child;
which promote or facilitate trafficking in persons, shall be unlawful:
(b) When the adoption is effected through Republic Act No. 8043, otherwise
(a) To knowingly lease or sublease, use or allow to be used any house, known as the "Inter-Country Adoption Act of 1995" and said adoption is for
building or establishment for the purpose of promoting trafficking in persons; the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers and certificates of any (c) When the crime is committed by a syndicate, or in large scale. Trafficking
government agency which issues these certificates and stickers as proof of is deemed committed by a syndicate if carried out by a group of three (3) or
compliance with government regulatory and pre-departure requirements for more persons conspiring or confederating with one another. It is deemed
the purpose of promoting trafficking in persons; committed in large scale if committed against three (3) or more persons,
individually or as a group;
(c) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any (d) When the offender is an ascendant, parent, sibling, guardian or a person
means, including the use of information technology and the internet, of any who exercises authority over the trafficked person or when the offense is
brochure, flyer, or any propaganda material that promotes trafficking in committed by a public officer or employee;
persons;
(e) When the trafficked person is recruited to engage in prostitution with any
(d) To assist in the conduct of misrepresentation or fraud for purposes of member of the military or law enforcement agencies;
facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure (f) When the offender is a member of the military or law enforcement
registration and services for departing persons for the purpose of promoting agencies; and
trafficking in persons;
(g) When by reason or on occasion of the act of trafficking in persons, the
(e) To facilitate, assist or help in the exit and entry of persons from/to the offended party dies, becomes insane, suffers mutilation or is afflicted with
country at international and local airports, territorial boundaries and seaports Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
who are in possession of unissued, tampered or fraudulent travel documents Syndrome (AIDS).
for the purpose of promoting trafficking in persons;
Section 6. Confidentiality. - At any stage of the investigation, prosecution
(f) To confiscate, conceal, or destroy the passport, travel documents, or and trial of an offense under this Act, law enforcement officers, prosecutors,
personal documents or belongings of trafficked persons in furtherance of judges, court personnel and medical practitioners, as well as parties to the
trafficking or to prevent them from leaving the country or seeking redress case, shall recognize the right to privacy of the trafficked person and the
from the government or appropriate agencies; and 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

Page 36 of 41
investigation, prosecution or trial. The name and personal circumstances of thousand pesos (P500,000.00) but not more than One million pesos
the trafficked person or of the accused, or any other information tending to (P1,000,000.00);
establish their identities and such circumstances or information shall not be
disclosed to the public. (e) If the offender is a corporation, partnership, association, club,
establishment or any juridical person, the penalty shall be imposed upon the
In cases when prosecution or trial is conducted behind closed-doors, it shall owner, president, partner, manager, and/or any responsible officer who
be unlawful for any editor, publisher, and reporter or columnist in case of participated in the commission of the crime or who shall have knowingly
printed materials, announcer or producer in case of television and radio, permitted or failed to prevent its commission;
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 (f) The registration with the Securities and Exchange Commission (SEC) and
case of trafficking in persons. license to operate of the erring agency, corporation, association, religious
group, tour or travel agent, club or establishment, or any place of
Section 8. Prosecution of Cases. - Any person who has personal knowledge entertainment shall be cancelled and revoked permanently. The owner,
of the commission of any offense under this Act, the trafficked person, the president, partner or manager thereof shall not be allowed to operate similar
parents, spouse, siblings, children or legal guardian may file a complaint for establishments in a different name;
trafficking.
(g) If the offender is a foreigner, he shall be immediately deported after
Section 9. Venue. - A criminal action arising from violation of this Act shall serving his sentence and be barred permanently from entering the country;
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 (h) Any employee or official of government agencies who shall issue or
commission of the offense: Provided, That the court where the criminal approve the issuance of travel exit clearances, passports, registration
action is first filed shall acquire jurisdiction to the exclusion of other courts. certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies,
Section 10. Penalties and Sanctions. - The following penalties and sanctions establishments or other individuals or groups, who fail to observe the
are hereby established for the offenses enumerated in this Act: prescribed procedures and the requirement as provided for by laws, rules
and regulations, shall be held administratively liable, without prejudice to
(a) Any person found guilty of committing any of the acts enumerated in criminal liability under this Act. The concerned government official or
Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a employee shall, upon conviction, be dismissed from the service and be
fine of not less than One million pesos (P1,000,000.00) but not more than barred permanently to hold public office. His/her retirement and other
Two million pesos (P2,000,000.00); benefits shall likewise be forfeited; and

(b) Any person found guilty of committing any of the acts enumerated in (i) Conviction by final judgment of the adopter for any offense under this Act
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a shall result in the immediate rescission of the decree of adoption.
fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00); Section 11. Use of Trafficked Persons. - Any person who buys or engages
the services of trafficked persons for prostitution shall be penalized as
(c) Any person found guilty of qualified trafficking under Section 6 shall follows:
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 (a) First offense - six (6) months of community service as may be
(P5,000,000.00); determined by the court and a fine of Fifty thousand pesos
(P50,000.00); and
(d) Any person who violates Section 7 hereof shall suffer the penalty of (b) Second and subsequent offenses - imprisonment of one (1) year
imprisonment of six (6) years and a fine of not less than Five hundred and a fine of One hundred thousand pesos (P100,000.00).

Page 37 of 41
Section 12.  Prescriptive Period. - Trafficking cases under this Act shall (b) Sponsorship of a national research program on trafficking and
prescribe in ten (10) years: Provided, however, That trafficking cases establishment of a data collection system for monitoring and
committed by a syndicate or in a large scale as defined under Section 6 shall evaluation purposes;
prescribe in twenty (20) years. (c) Provision of necessary technical and material support services to
appropriate government agencies and non-government organizations
The prescriptive period shall commence to run from the day on which the (NGOs);
trafficked person is delivered or released from the conditions of bondage and (d) Sponsorship of conferences and seminars to provide venue for
shall be interrupted by the filing of the complaint or information and shall consensus building amongst the public, the academe, government,
commence to run again when such proceedings terminate without the NGOs and international organizations; and
accused being convicted or acquitted or are unjustifiably stopped for any (e) Promotion of information and education campaign on trafficking.
reason not imputable to the accused.
Section 16.  Programs that Address Trafficking in Persons. - The
Section 13. Exemption from Filing Fees.  - When the trafficked person government shall establish and implement preventive, protective and
institutes a separate civil action for the recovery of civil damages, he/she rehabilitative programs for trafficked persons. For this purpose, the following
shall be exempt from the payment of filing fees. agencies are hereby mandated to implement the following programs;

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments (a) Department of Foreign Affairs (DFA) - shall make available its resources
Derived from Trafficking in Persons. - In addition to the penalty imposed for and facilities overseas for trafficked persons regardless of their manner of
the violation of this Act, the court shall order the confiscation and forfeiture, entry to the receiving country, and explore means to further enhance its
in favor of the government, of all the proceeds and properties derived from assistance in eliminating trafficking activities through closer networking with
the commission of the crime, unless they are the property of a third person government agencies in the country and overseas, particularly in the
not liable for the unlawful act; Provided, however,  That all awards for formulation of policies and implementation of relevant programs.
damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the The DFA shall take necessary measures for the efficient implementation of
balance shall be taken from the confiscated and forfeited properties. the Machine Readable Passports to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
When the proceeds, properties and instruments of the offense have been trafficking through the use of fraudulent identification documents.
destroyed, diminished in value or otherwise rendered worthless by any act or
omission, directly or indirectly, of the offender, or it has been concealed, It shall establish and implement a pre-marriage, on-site and pre-departure
removed, converted or transferred to prevent the same from being found or counseling program on intermarriages.
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 (b) Department of Social Welfare and Development (DSWD) - shall
offense. implement rehabilitative and protective programs for trafficked persons. It
shall provide counseling and temporary shelter to trafficked persons and
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds develop a system for accreditation among NGOs for purposes of establishing
and properties forfeited and confiscated pursuant to Section 14 hereof shall centers and programs for intervention in various levels of the community.
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 (c) Department of Labor and Employment (DOLE) - shall ensure the strict
protect, rehabilitate, reintegrate trafficked persons into the mainstream of implementation and compliance with the rules and guidelines relative to the
society. Such programs shall include, but not limited to, the following: employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
(a) Provision for mandatory services set forth in Section 23 of this labor recruiters.
Act;

Page 38 of 41
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons campaign against trafficking in persons through the establishment of the
accused of trafficking and designate and train special prosecutors who shall Migrants Advisory and Information Network (MAIN) desks in municipalities or
handle and prosecute cases of trafficking. It shall also establish a mechanism provinces in coordination with DILG, Philippine Information Agency (PIA),
for free legal assistance for trafficked persons, in coordination with the Commission on Filipinos Overseas (CFO), NGOs and other concerned
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer agencies. They shall encourage and support community based initiatives
groups. which address the trafficking in persons.

(e) National Commission on the Role of Filipino Women (NCRFW) - shall In implementing this Act, the agencies concerned may seek and enlist the
actively participate and coordinate in the formulation and monitoring of assistance of NGOs, people's organizations (Pos), civic organizations and
policies addressing the issue of trafficking in persons in coordination with other volunteer groups.
relevant government agencies. It shall likewise advocate for the inclusion of
the issue of trafficking in persons in both its local and international advocacy Section 17. Legal Protection to Trafficked Persons.  - Trafficked persons
for women's issues. 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
(f) Bureau of Immigration (BI) - shall strictly administer and enforce enumerated in this Act or in obedience to the order made by the trafficker in
immigration and alien administration laws. It shall adopt measures for the relation thereto. In this regard, the consent of a trafficked person to the
apprehension of suspected traffickers both at the place of arrival and intended exploitation set forth in this Act shall be irrelevant.
departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign nationals with the guidance and counseling requirement Section 18.  Preferential Entitlement Under the Witness Protection Program .
as provided for in this Act. - Any provision of Republic Act No. 6981 to the contrary notwithstanding,
any trafficked person shall be entitled to the witness protection program
(g) Philippine National Police (PNP) - shall be the primary law enforcement provided therein.
agency to undertake surveillance, investigation and arrest of individuals or
persons suspected to be engaged in trafficking. It shall closely coordinate Section 19. Trafficked Persons Who are Foreign Nationals . - Subject to the
with various law enforcement agencies to secure concerted efforts for guidelines issued by the Council, trafficked persons in the Philippines who
effective investigation and apprehension of suspected traffickers. It shall also are nationals of a foreign country shall also be entitled to appropriate
establish a system to receive complaints and calls to assist trafficked persons protection, assistance and services available to trafficked persons under this
and conduct rescue operations. Act: Provided, That they shall be permitted continued presence in the
Philippines for a length of time prescribed by the Council as necessary to
(h) Philippine Overseas Employment Administration (POEA) - shall implement effect the prosecution of offenders.
an effective pre-employment orientation seminars and pre-departure
counseling programs to applicants for overseas employment. It shall likewise Section 20. Inter-Agency Council Against Trafficking. - There is hereby
formulate a system of providing free legal assistance to trafficked persons. established an Inter-Agency Council Against Trafficking, to be composed of
the Secretary of the Department of Justice as Chairperson and the Secretary
(i) Department of the Interior and Local Government (DILG) - shall institute of the Department of Social Welfare and Development as Co-Chairperson
a systematic information and prevention campaign and likewise maintain a and shall have the following as members:
databank for the effective monitoring, documentation and prosecution of
cases on trafficking in persons. (a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(j) Local government units (LGUs) - shall monitor and document cases of (c) Administrator, Philippine Overseas Employment Administration;
trafficking in persons in their areas of jurisdiction, effect the cancellation of (d) Commissioner, Bureau of Immigration;
licenses of establishments which violate the provisions of this Act and ensure (e) Director-General, Philippine National Police;
effective prosecution of such cases. They shall also undertake an information (f) Chairperson, National Commission on the Role of Filipino Women; and

Page 39 of 41
(g) Three (3) representatives from NGOs, who shall be composed of one (1) (i) Secure from any department, bureau, office, agency, or instrumentality of
representative each from among the sectors representing women, overseas the government or from NGOs and other civic organizations such assistance
Filipino workers (OFWs) and children, with a proven record of involvement in as may be needed to effectively implement this Act;
the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency (j) Complement the shared government information system for migration
representatives of the Council, for appointment by the President for a term established under Republic Act No. 8042, otherwise known as the "Migrant
of three (3) years. Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking
The members of the Council may designate their permanent representatives in persons, and ensure that the proper agencies conduct a continuing
who shall have a rank not lower than an assistant secretary or its equivalent research and study on the patterns and scheme of trafficking in persons
to meetings, and shall receive emoluments as may be determined by the which shall form the basis for policy formulation and program direction;
Council in accordance with existing budget and accounting, rules and
regulations. (k) Develop the mechanism to ensure the timely, coordinated, and effective
response to cases of trafficking in persons;
Section 21. Functions of the Council. - The Council shall have the following
powers and functions: (l) Recommend measures to enhance cooperative efforts and mutual
assistance among foreign countries through bilateral and/or multilateral
(a) Formulate a comprehensive and integrated program to prevent and arrangements to prevent and suppress international trafficking in persons;
suppress the trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications
(b) Promulgate rules and regulations as may be necessary for the effective (DOTC), Department of Trade and Industry (DTI), and other NGOs in
implementation of this Act; monitoring the promotion of advertisement of trafficking in the internet;

(c) Monitor and oversee the strict implementation of this Act; (n) Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the Philippines;
(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in (o) Initiate training programs in identifying and providing the necessary
persons; intervention or assistance to trafficked persons; and

(e) Coordinate the conduct of massive information dissemination and (p) Exercise all the powers and perform such other functions necessary to
campaign on the existence of the law and the various issues and problems attain the purposes and objectives of this Act.
attendant to trafficking through the LGUs, concerned agencies, and NGOs;
Section 22. Secretariat to the Council. - The Department of Justice shall
(f) Direct other agencies to immediately respond to the problems brought to establish the necessary Secretariat for the Council.
their attention and report to the Council on action taken;
Section 23. Mandatory Services to Trafficked Persons. - To ensure
(g) Assist in filing of cases against individuals, agencies, institutions or recovery, rehabilitation and reintegration into the mainstream of society,
establishments that violate the provisions of this Act; concerned government agencies shall make available the following services
to trafficked persons:
(h) Formulate a program for the reintegration of trafficked persons in
cooperation with DOLE, DSWD, Technical Education and Skills Development (a) Emergency shelter or appropriate housing;
Authority (TESDA), Commission on Higher Education (CHED), LGUs and (b) Counseling;
NGOs; (c) Free legal services which shall include information about the victims'
rights and the procedure for filing complaints, claiming compensation and

Page 40 of 41
such other legal remedies available to them, in a language understood by and regulations to implement the provisions of this Act, the funding of which
the trafficked person; shall be included in the annual General Appropriations Act.
(d) Medical or psychological services;
(e) Livelihood and skills training; and Section 29. Implementing Rules and Regulations. - The Council shall
(f) Educational assistance to a trafficked child. promulgate the necessary implementing rules and regulations within sixty
Sustained supervision and follow through mechanism that will track the (60) days from the effectivity of this Act.
progress of recovery, rehabilitation and reintegration of the trafficked
persons shall be adopted and carried out. 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
Section 24. Other Services for Trafficked Persons. – a restriction of the freedom of speech and of association, religion and the
(a) Legal Assistance. - Trafficked persons shall be considered under the right to travel for purposes not contrary to law as guaranteed by the
category "Overseas Filipino in Distress" and may avail of the legal assistance Constitution.
created by Republic Act No. 8042, subject to the guidelines as provided by
law.
Section 31. Separability Clause. - If, for any reason, any section or
(b) Overseas Filipino Resource Centers. - The services available to overseas
provision of this Act is held unconstitutional or invalid, the other sections or
Filipinos as provided for by Republic Act No. 8042 shall also be extended to
provisions hereof shall not be affected thereby.
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 Section 32. Repealing clause. - All laws, presidential decrees, executive
which Philippine embassies abroad shall provide protection to trafficked orders and rules and regulations, or parts thereof, inconsistent with the
persons insofar as the promotion of their welfare, dignity and fundamental provisions of this Act are hereby repealed or modified accordingly: Provided,
rights are concerned. 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 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 Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the
they are documented or undocumented. date of its complete publication in at least two (2) newspapers of general
circulation.
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 Approved: May 26, 2003.
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

Page 41 of 41