COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 RA 10640

ANTI GRAFT AND CORRUPT PRACTICES ACT RA 3019

Section 2. Definition of terms. As used in this Act, that term

(a) "Government" includes the national government, the local governments, the government-owned
and government-controlled corporations, and all other instrumentalities or agencies of the Republic
of the Philippines and their branches.

(b) "Public officer" includes elective and appointive officials and employees, permanent or temporary,
whether in the classified or unclassified or exempt service receiving compensation, even nominal,
from the government as defined in the preceding subparagraph.

(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other
than a member of the public officer's immediate family, in behalf of himself or of any member of his
family or relative within the fourth civil degree, either by consanguinity or affinity, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the
circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute corrupt practices of any public officer and are
hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation
of rules and regulations duly promulgated by competent authority or an offense in connection with
the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit
such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene
under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which
has pending official business with him during the pendency thereof or within one year after its
termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government corporations charged with
the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or discriminating against
any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction
in connection with which he intervenes or takes part in his official capacity, or in which he is
prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes against the same or does not participate
in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the approval
of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to
which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of its
authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and
(c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or
urging the divulging or untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished under Section nine of
this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from
transacting business in any form with the Government.

Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or
close personal relation with any public official to capitalize or exploit or take advantage of such family
or close personal relation by directly or indirectly requesting or receiving any present, gift or material
or pecuniary advantage from any other person having some business, transaction, application,
request or contract with the government, in which such public official has to intervene. Family relation
shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word
"close personal relation" shall include close personal friendship, social and fraternal connections, and
professional employment all giving rise to intimacy which assures free access to such public officer.

(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any
of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-
President of the Philippines, the President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section shall not apply to any person who, prior
to the assumption of office of any of the above officials to whom he is related, has been already
dealing with the Government along the same line of business, nor to any transaction, contract or
application already existing or pending at the time of such assumption of public office, nor to any
application filed by him the approval of which is not discretionary on the part of the official or officials
concerned but depends upon compliance with requisites provided by law, or rules or regulations
issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a
profession.

Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a
mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted
from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful
trade or occupation by any private person or by any public officer who under the law may legitimately
practice his profession, trade or occupation, during his incumbency, except where the practice of such
profession, trade or occupation involves conspiracy with any other person or public official to commit
any of the violations penalized in this Act.

ANTI PLUNDER ACT RA 7659

Section 1. Definition of Terms - As used in this Act, the term -

a) Public Officer means any person holding any public office in the Government of the Republic of the
Philippines by virtue of an appointment, election or contract.

b) Government includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their subsidiaries.

c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any
person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business associates by any combination or series of
the following means or similar schemes:

1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the

public treasury;

2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity in connection with any government contract
or project or by reason of the office or position of the public officer concerned;

3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National

Government or any of its subdivisions, agencies or instrumentalities or government-owned or -
controlled corporations and their subsidiaries;

4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other
form of interest or participation including promise of future employment in any business enterprise or
undertaking;

5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or

implementation of decrees and orders intended to benefit particular persons or special interests; or

6) By taking undue advantage of official position, authority, relationship, connection or influence to

unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.

Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is
hereby amended to read as follows:

"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in
connivance with members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate
amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to death. Any person who participated with the
said public officer in the commission of an offense contributing to the crime of plunder shall likewise
be punished for such offense. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall
be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and
other incomes and assets including the properties and shares of stocks derived from the deposit or
investment thereof forfeited in favor of the State."

ANTI TRAFFICKING IN PERSONS ACT OF 2003

SECTION 4. Section 4 of Republic Act No. 9208, as amended, is hereby further amended to read as
follows:

"SEC. 4. Acts of Trafficking in Persons. — It shall be unlawful for any person, natural or juridical, to
commit by means of a threat, or use of force, or other forms of coercion, or through abduction, fraud,
deception, abuse of power or of position, or through taking advantage of the vulnerability of the
person, or by giving or receiving of payment or benefit to obtain the consent of a person having
control over another person, any of the following acts:

(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by
any means, including those done under the pretext of domestic or overseas employment or training
or apprenticeship, for the purpose of prostitution, pornography, sexual abuse or exploitation,
production, creation, or distribution of CSAEM or CSAM, forced labor, slavery, involuntary servitude,
or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person
or, as provided for under Republic Act No. 10906 or the Anti-Mail Order Spouse Act, any Filipino to a
foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage:

(g) To adopt or facilitate the adoption of persons with or without consideration for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage, or to facilitate illegal child adoptions or child-laundering, or for other exploitative purposes;

(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive, or
abduct a person, for the purpose of removal or sale of organs of said person;

(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a
child to engage in armed activities or participate in activities in the context of an armed conflict in the
Philippines or abroad;

(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide, or receive a person by
means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and
involuntary servitude, including a scheme, plan, or pattern intended to cause the person either:

(1) To believe that if the person did not perform such labor or services, he or she or another person
would suffer serious harm or physical restraint; or

(2) To abuse or threaten the use of law or the legal processes;

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt, or receive a
child for purposes of exploitation or trading them, including the act of buying or selling a child, or both
for any consideration or for barter for purposes of exploitation. Trafficking for purposes of
exploitation of children shall include:

(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage, and forced
labor, including recruitment of children for use in armed conflict;

(2) The use, procuring or offering of a child for prostitution, for the production of CSAEM or CSAM, or
for pornographic performances;

(3) The use, procuring or offering of a child for the production and trafficking of drugs; and

(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals;

(l) To organize, provide financial support, or direct other persons to commit the offenses defined as
acts of trafficking under this Act; and

(m) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a
child for deployment abroad as migrant worker.

Provided, That when the victim is a child, the means to commit these unlawful acts as enumerated in
the first paragraph of this section shall not be necessary: Provided, further, That in the case of
overseas domestic work, a 'child' means a person below twenty-four (24) years old."

SECTION 5.Section 5 of Republic Act No. 9208, as amended, is hereby further amended to read as
follows:

"SEC. 5. Acts that Promote Trafficking in Persons. — The following acts which promote or facilitate
trafficking in persons shall be unlawful:

(a) To knowingly lease or sublease, use, or allow to be used any house, building, tourism enterprise, or
any similar establishment; or any vehicle or carrier by land, sea, and air; or any of their computer
system or computer hardware, other computer-related devices, or any of their digital platform and
application, for the purpose of promoting trafficking in persons;

(b) To produce, print and issue, or distribute unissued, tampered, or fake passports, birth certificates,
affidavits of delayed registration of births, foundling certificates, travel clearances, counseling
certificates, registration stickers, overseas employment certificates or other certificates of any
government agency which issues these certificates, decals, and such other markers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;

(e) To facilitate, assist, or help in the exit and entry of persons from/to the country at international
and local airports, territorial boundaries and seaports, knowing they are not in possession of required
travel documents, or are in possession of tampered, fake, or fraudulently acquired travel documents,
for the purpose of promoting trafficking in persons;
(k) For internet intermediaries to knowingly or by gross negligence allow their internet infrastructure
to be used for the purpose of promoting trafficking in persons;

(l) For internet cafes, kiosks, and hotspots, including establishments offering Wi-Fi access services to
the public, to knowingly or by gross negligence allow their facilities to be used for the purpose of
promoting trafficking in persons;

(m) For financial intermediaries, including banks and credit card companies and money transfer or
remittance centers, to knowingly or by gross negligence allow their services, online platform and
applications, among others, to be used for the purpose of promoting trafficking in persons;

(n) To knowingly or by gross negligence facilitate, assist, or help in the entry into the country of
persons who are convicted sex offenders whether at international and local airports, territorial
boundaries, and seaports for the purpose of promoting trafficking in persons; or

(o) To arrange, facilitate, expedite, or cause the introduction or encounter of persons who are
suspected or convicted sex offenders in any jurisdiction, to a child. The actual introduction or
encounter need not occur to be liable under this provision. It is enough that there is a deliberate
attempt to cause the introduction or encounter."

SECTION 6. Section 6 of Republic Act No. 9208, as amended, is hereby further amended to read as
follows:

"SEC. 6. Qualified Trafficking in Persons. — Violations of Section 4 of this Act shall be considered as
qualified trafficking:

(a) When the trafficked person is a child: Provided, That acts of online sexual abuse and exploitation
of children shall be without prejudice to appropriate investigation and prosecution under other
related laws;

(h) When the offender, commits one or more acts of trafficking under Section 4 over a period of at
least sixty (60) days, whether those days are continuous or not;

(i) When the offender, or through another, directs or manages the actions of a victim in carrying out
the exploitative purpose of trafficking;

(j) When the crime is committed during a crisis, disaster, public health concern, pandemic, a
humanitarian conflict, or emergency situation, or when the trafficked person is a survivor of a disaster
or a human-induced conflict;

(k) When the trafficked person belongs to an indigenous community or religious minority and is
considered a member of the same;

(l) When the trafficked person is a person with disability (PWD);

(m) When the crime has resulted in pregnancy;

(n) When the trafficked person suffered mental or emotional disorder as a result of being victim of
trafficking; or

(o) When the act is committed by or through the use of ICT or any computer system."

ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

SECTION 3. Definition of Terms.- As used in this Act,

(a) “Violence against women and their children” refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:

A. “Physical Violence” refers to acts that include bodily or physical harm;

B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the
victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover
to live in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes
causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

D. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of
the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims’ own money or properties or solely controlling the conjugal money or
properties.

(b) “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

(c) “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) “Stalking” refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance
directly or indirectly or a combination thereof.

(e) “Dating relationship” refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the course
of the relationship. A casual acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.

(f) “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a
common child.

(g) “Safe place or shelter” refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.

(h) “Children” refers to those below eighteen (18) years of age or older but are incapable of taking
care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women
and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom
of movement or conduct by force or threat of force, physical or other harm or threat of physical or
other harm, or intimidation directed against the woman or child. This shall include, but not limited to,
the following acts committed with the purpose or effect of controlling or restricting the woman’s or
her child’s movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her
or her family, or deliberately providing the woman’s children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common
money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions
or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does
not constitute rape, by force or threat of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms
or causes substantial emotional or psychological distress to the woman or her child. This shall include,
but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his
will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman’s child/children.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through
another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner and any designated family or
household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to supervise the petitioner’s or
respondent’s removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage
of the income or salary of the respondent to be withheld regularly by the respondent’s employer for
the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any
delay in the remittance of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order the offender to surrender his firearm and
shall direct the appropriate authority to investigate on the offender and take appropriate action on
matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed
by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or
affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children’s desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence
against women and their children occurred and who has personal knowledge of the offense
committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on
venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence of
the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in
writing, signed and verified under oath by the applicant. It may be filed as an independent action or as
incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence
as described in this Act. A standard protection order application form, written in English with
translation to the major local languages, shall be made available to facilitate applications for
protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

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

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When disclosure of the
address of the victim will pose danger to her life, it shall be so stated in the application. In such a case,
the applicant shall attest that the victim is residing in the municipality or city over which court has
territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO
and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases
brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney’s
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that
the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal
representation of the petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the
petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. – Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue the protection order to the applicant on the date of filing
after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to
act on the application for a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an
ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on
the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex parte
determination that such order should be issued. A court may grant in a TPO any, some or all of the
reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by the court sheriff who may
obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the
date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection
order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of
his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO,
the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case
the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of
the evidence by the applicant and render judgment on the basis of the evidence presented. The court
shall allow the introduction of any history of abusive conduct of a respondent even if the same was
not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in
one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is
due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at
each particular time until final judgment is issued. The extended or renewed TPO may be modified by
the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall
be effective until revoked by a court upon application of the person in whose favor the order was
issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between
the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not
the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts
to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.

ANTI CHILD PORNOGRAPHY ACT RA 9775

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care
of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition.

For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein;
and

(2) computer-generated, digitally or manually crafted images or graphics of a person who is

represented or who is made to appear to be a child as defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:

(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital,
oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts

(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or
any other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the
public for the use of its computer/s or computer system for the purpose of accessing the internet,
computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in
the Philippines.

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an
internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a
child for sexual activity or sexual relationship by communicating any form of child pornography. It
includes online enticement or enticement through any other means.
(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission of
sexual activity or production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing
through any means any material or purported material that is intended to cause another to believe
that the material or purported material contains any form of child pornography, regardless of the
actual content of the material or purported material.

(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of
any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any
form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more articles of child pornography of the same form shall be
prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as,
but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to
be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation
with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the
child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any
form of child pornography shall be committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.

RA 11596 PROHIBITION OF CHILD MARRAIGE LAW

Section 3. Definition of Terms. – As used in this Act:

(a) Child refers to any human being under eighteen (18) years of age, or any person eighteen (18)
years of age or over but who is unable to fully take care and protect oneself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or condition;

(b) Child marriage refers to any marriage entered into where one or both parties are children as
defined in the paragraph above, and solemnized in civil or church proceedings, or in any recognized
traditional, cultural or customary manner. It shall include an informal union or cohabitation outside of
wedlock between an adult and a child, or between children;

(c) Guardians refer to relatives or individuals taking custody of a child in the absence of the parents, or
anyone to whom a child is given or left for care or custody, whether permanent or temporary; or
persons judicially appointed by a competent court as guardians;

(d) Parents refer to biological parents or adoptive parents; and

(e) Solemnizing officers refers to any person authorized to officiate a marriage under Executive Order
No. 209, otherwise known as “The Family Code of the Philippines,” or recognized to celebrate
marriages by reason of religion, tradition, or customs.

Section 4. Unlawful Acts. – The following are declared unlawful and prohibited acts:

(a) Facilitation of Child Marriage. – Any person who causes, fixes, facilitates, or arranges a child
marriage shall suffer the penalty of prision mayor in its medium period and a fine of not less than
Forty thousand pesos (P40,000.00): Provided, however, That should the perpetrator be an ascendant,
parent, adoptive parent, step parent, or guardian of the child, the penalty shall be prision mayor in its
maximum period, or fine of not less than Fifty thousand pesos (P50,000.00), and perpetual loss of
parental authority: Provided, further, That any person who produces, prints, issues and/or distributes
fraudulent or tampered documents such as birth certificates, affidavits of delayed registration of birth
and/or foundling certificates for the purpose of misrepresenting the age of a child to facilitate child
marriage or evade liability under this Act shall be liable under this section, without prejudice to
liability under other laws: Provided, finally, That if the perpetrator is a public officer, he or she shall be
dismissed from the service and may be perpetually disqualified from holding office, at the discretion
of the courts;

(b) Solemnization of Child Marriage. – Any person who performs or officiates a child marriage shall
suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000.00): Provided, however, That if the perpetrator is a public officer, he or she shall be
dismissed from the service and may be perpetually disqualified from holding office, at the discretion
of the courts; and

(c) Cohabitation of an Adult with a Child Outside Wedlock. – An adult partner who cohabits with a
child outside wedlock shall suffer the penalty of prision mayor in its maximum period and a fine of not
less than Fifty thousand pesos (P50,000.00): Provided, however, That if the perpetrator is a public
officer, he or she shall likewise be dismissed from the service and may be perpetually disqualified
from holding office, at the discretion of the courts: Provided, finally, That this shall be without
prejudice to higher penalties that may be imposed in the Revised Penal Code and other special laws.

Section 5. Public Crimes. – The foregoing unlawful and prohibited acts are deemed public crimes and
be initiated by any concerned individual.

RA 10175 CYBERCRIME PREVENTION ACT

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable
under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-public
transmission of computer data to, from, or within a computer system including electromagnetic
emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data message, without right, including the
introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available,
without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer
system is capable of being accessed with intent that it be used for the purpose of committing any of
the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said
devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a
personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data
with the intent that it be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as
defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or
program or interference in the functioning of a computer system, causing damage thereby with
fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be
one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another, whether natural or juridical,
without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one
(1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of
any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for
favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No.
9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided,
That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act
No. 9775.

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic

communication with the use of computer system which seek to advertise, sell, or offer for sale
products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements from
the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of the
electronic message; and

(cc) The commercial electronic communication does not purposely include misleading information in
any part of the message in order to induce the recipients to read the message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code,
as amended, committed through a computer system or any other similar means which may be devised
in the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of
the offenses enumerated in this Act shall be held liable.

PD 1612 ANTI FENCING LAW

Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of
value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of any good, article item, object of anything of
value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale
to the public, secure the necessary clearance or permit from the station commander of the Integrated
National Police in the town or city where such store, establishment or entity is located. The Chief of
Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations
to carry out the provisions of this section. Any person who fails to secure the clearance or permit
required by this section or who violates any of the provisions of the rules and regulations
promulgated thereunder shall upon conviction be punished as a fence.

RA9995 ANTI-PHOTO AND VIDEO VOYEURISM ACT

Section 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed
by a person or persons.

(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means,
or broadcast.

(c) "Female breast" means any portion of the female breast.

(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group
of persons performing sexual act or any similar activity or of capturing an image of the private area of
a person or persons without the latter's consent, under circumstances in which such person/s
has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual
act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without
the written consent of the person/s involved, notwithstanding that consent to record or take photo or
video coverage of same was given by such person's.

(e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or
female breast of an individual.

(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe
that he/she could disrobe in privacy, without being concerned that an image or a private area of the
person was being captured; or circumstances in which a reasonable person would believe that a
private area of the person would not be visible to the public, regardless of whether that person is in a
public or private place.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks or female breast without the consent of the
person/s involved and under circumstances in which the person/s has/have a reasonable expectation
of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of
sexual act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual
act, whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast

media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar
activity through VCD/DVD, internet, cellular phones and other similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or
take photo or video coverage of the same was given by such person/s. Any person who violates this
provision shall be liable for photo or video voyeurism as defined herein.