TITLE 1 OF RPC SPECIAL LAWS

ANTI-TERRORISM ACT (R.A. NO. 11479)

Section 3. Definition of Terms. - as used in this Act:

(a) Critical Infrastructure shall refer to an asset or system, whether physical or virtual, so essential to the
maintenance of vital societal functions or to the delivery of essential public services that the incapacity or
destruction of such systems and assets would have a debilitating impact on national defense and security,
national economy, public health or safety, there administration of justice, and other functions analogous
thereto. It may include, but is not limited to, an asset or system affecting telecommunications, water and energy
supply, emergency services, food security, fuel supply, banking and finance, transportation, radio and television,
information systems and technology, chemical and nuclear sectors;

(b) Designated Person shall refer to: Any individual, group of persons, organizations, or associations designated
and/or identified by the United Nations Security Council, or another jurisdiction, or supranational jurisdiction as
a terrorist, one who finances terrorism, or a terrorist organization or group; or

Any person, organization, association, or group of persons designated under paragraph 3 Section 25 of this Act.

For purposes of this Act, the above definition shall be in addition to the definition of designated persons under
Section 3(e) of Republic Act No. 10168, otherwise known as the "Terrorism Financing Prevention and
Suppression Act of 2012".

(c) Extraordinary Rendition shall refer to the transfer of a person, suspected of being a terrorist or supporter of a
terrorist organization, association, or group of persons to a foreign nation for imprisonment and interrogation
on behalf of the transferring nation. The extraordinary rendition may be done without framing any formal
charges, trial, or approval of the court.

(d) International Organization shall refer to an organization established by a treaty or other instrument governed
by international law and possessing its own international legal personality;

(e) Material Support shall refer to any property, tangible or intangible, or service, including currency or
monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance,
safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel (one or more individuals who may be or include oneself), and transportation;

(f) Proliferation of Weapons of Mass Destruction shall refer to the transfer and export of chemical, biological,
radiological, or nuclear weapons, their means of delivery and related materials;

(g) Proposal to Commit Terrorism is committed when a person who has decided to commit any of the crimes
defined and penalized under the provisions of this Act proposes its execution to some other person or persons;

(h) Recruit shall refer to any act to encourage other people to join a terrorist individual or organization,
association or group of persons proscribed under Section 26 of this Act, or designated by the United Nations
Security Council as a terrorist organization, or organized for the purposed of engaging in terrorism;

(i) Surveillance Activities shall refer to the act of tracking down, following, or investigating individual or
organizations; or the tapping, listening, intercepting, and recording of messages, conversations, discussions,
spoken or written words including computer and network surveillance, and other communications of individuals
engaged in terrorism as defined hereunder;
 (j) Supranational Jurisdiction shall refer to an international organization or union in which the power and
influence of member states transcend national boundaries or interests to share in decision-making and vote on
issues concerning the collective body , i.e. the European Union;

(k) Training shall refer to the giving of instruction or teaching designed to impart a specific skill in relation to
terrorism as defined hereunder, as opposed to general knowledge;

(l) Terrorist Individual shall refer to any natural person who commits any of the acts defined and penalized under
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act;

(m) Terrorist Organization, Association or Group of Persons shall refer to any entity organized for the purpose of
engaging in terrorism, or those proscribe under Section 26 hereof of the United Nations Security Council-
designated terrorist organization; and

(n) Weapons of Mass Destruction (WMD) shall refer to chemical, biological, radiological, or nuclear weapons
which are capable of a high order of destruction or causing mass casualties. It excludes the means of
transporting or propelling the weapon where such means is a separable and divisible part from the weapon.

Section 4. Terrorism.- Subject to Section 49 of this Act, terrorism is committed by any person who, within or outside the
Philippines, regardless of the stage of execution:

(a) Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person's life;

(b) Engages in acts intended to cause extensive damage or destruction to a government or public facility, public
place or private property;

(c) Engages in acts intended to cause extensive interference with, damage or destruction to critical
infrastructure;

(d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of
biological, nuclear, radiological or chemical weapons; and

(e) Release of dangerous substances, or causing fire, floods or explosions.

when the purpose of such act, by its nature and context, is to intimidate the general public or a segment
thereof, create an atmosphere or spread a message of fear, to provoke or influence by intimidation the
government or any international organization, or seriously destabilize or destroy the fundamental political,
economic, or social structures of the country, or create a public emergency or seriously undermine public safety,
shall be guilty of committing terrorism and shall suffer the penalty of life imprisonment without the benefit of
parole and the benefits of Republic Act No. 10592, otherwise known as "An Act Amending Articles 29, 94, 97, 98
and 99 of Act No. 3815, as amended, otherwise known as the Revised Penal Code". Provided, That, terrorism as
defined in this section shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action,
and other similar exercises of civil and political rights, which are not intended to cause death or serious physical
harm to a person, to endanger a person's life, or to create a serious risk to public safety.

Section 5. Threat to Commit Terrorism.- Any person who shall threaten to commit any of the acts mentioned in Section 4
hereof shall suffer the penalty of imprisonment of twelve (12) years.

Section 6. Planning, Training, Preparing, and facilitating the Commission of Terrorism.- it shall be unlawful for any
person to participate in the planning, training, preparation and facilitation in the commission of terrorism, possessing
objects connected with the preparation for the commission of terrorism, or collecting or making documents connected
with the preparation of terrorism. Any person found guilty of the provisions of this Act shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of Republic Act No. 10592.
Section 7. Conspiracy to Commit Terrorism.- Any conspiracy to commit terrorism as defined and penalized under Section
4 of this Act shall suffer the penalty of life imprisonment without the benefit of parole and the benefit of Republic Act
No. 10592.

There is conspiracy when two (2) or more persons come to an agreement concerning the commission of terrorism as
defined in Section 4 hereof and decide to commit the same.

Section 8. Proposal to Commit Terrorism.- Any person who proposes to commit terrorism as defined in section 4 hereof
shall suffer the penalty of imprisonment of twelve (12) years.

Section 9. Inciting to Commit Terrorism.- Any person who without taking any direct part in the commission of terrorism,
shall include others to the execution of any of the acts specified in Section 4 hereof by means of speeches,
proclamations, writings, emblems, banners or other representations tending to the same end, shall suffer the penalty of
imprisonment of twelve (12) years.

Section 10. Recruitment to and Membership in a Terrorist Organization.- Any person who shall recruit another to
participate in, join, commit or support terrorism or a terrorist individual or any terrorist organization, association or
group of persons proscribed under Section 26 of this Act, or designated by the United Nations Security Council as a
terrorist organization, or organized for the purpose of engaging in terrorism, shall suffer the penalty of life imprisonment
without the benefit of parole and the benefits of Republic Act No. 10592.

The same penalty shall be imposed on any person who organizes or facilitates the travel of individuals to a state other
than their state of residence or nationality for the purpose of recruitment which may be committed through any of the
following means:

(a) Recruiting another person to serve in any capacity in or with an armed force in a foreign state, whether the
armed force forms part of the armed forces of the government of that foreign state or otherwise;

(b) Publishing an advertisement or propaganda for the purpose of recruiting persons to serve in any capacity in
or with such armed force;

(c) Publishing an advertisement or propaganda containing any information relating to the place at which or the
manner in which persons may make applications to serve or obtain information relating to service in any
capacity in or with such armed force or relating to the manner in which persons may travel to a foreign state for
the purpose of serving in any capacity in or with such armed force; or

(d) Performing any other act with intention of facilitating or promoting the recruitment of persons to serve in
any capacity in or with such armed force.

Any person who shall voluntarily and knowingly join any organization, association or group of persons knowing that such
organization, association or group of persons is proscribed under Section 26 of this Act, or designated by the United
Nations Security Council as a terrorist organization, or organized for the purpose of engaging in terrorism, shall suffer
the penalty of imprisonment of twelve (12) years.

Section 11. Foreign Terrorist.- The following acts are unlawful and shall suffer the penalty of life imprisonment without
the benefit of parole and the benefits of Republic Act No. 10592:

(a) For any person to travel or attempt to travel to a state other than his/her state of residence or nationality for
the purpose of perpetrating, planning, or preparing for, or participating in terrorism, or providing or receiving
terrorist training;
 (b) For any person to organize or facilitate the travel of individuals who travel to a state other than their states
of residence or nationality knowing that such travel is for the purpose of perpetrating, planning, training, or
preparing for, or participating in terrorism or providing or receiving terrorist training; or

(c) For any person residing abroad who comes to the Philippines to participate in perpetrating, planning,
training, or preparing for, or participating in terrorism or provide support for or facilitate or receive terrorist
training here or abroad.

Section 12. Providing Material Support to Terrorists.- Any person who provides material support to any terrorist
individual or terrorist organization, association or group of persons committing any of the acts punishable under Section
4 hereof, knowing that such individual or organization, association, or group of persons is committing or planning to
commit such acts, shall be liable as principal to any and all terrorist activities committed by said individuals or
organizations, in addition to other criminal liabilities he/she or they may have incurred in relation thereto.

Section 25. Designation of Terrorist Individual, Groups of Persons, Organizations or Associations.- Pursuant to our
obligations under United Nations Security Council Resolution (UNSCR) No. 1373, the ATC shall automatically adopt the
United Nations Security Council Consolidated List of designated individuals, group of persons, organizations, or
associations designated and/or identified as a terrorist, one who finances terrorism, or a terrorist organization or group.

Request for designation by other jurisdictions of supranational jurisdictions may be adopted by the ATC after
determination that the proposed designee meets the criteria for designation of UNSCR No. 1373.

The ATC may designate an individual, groups of persons, organization, or association, whether domestic or foreign, upon
a finding of probable cause that the individual, groups of persons, organization, or association commit, or attempt to
commit, or conspire in the commission of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of
this Act.

The assets of the designated individual, groups of persons, organization or association above-mentioned shall be subject
to the authority of the Anti-Money Laundering Council (AMLC) to freeze pursuant to Section 11 of Republic Act No.
10168.

The designation shall be without prejudice to the proscription of terrorist organizations, associations, or groups of
persons under Section 26 of this Act.

Section 26. Proscription of Terrorist Organizations, Association, or Group of Persons.- Any group of persons, organization,
or association, which commits any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this
Act, or organized for the purpose of engaging in terrorism shall, upon application of the DOJ before the authorizing
division of the Court of Appeals with due notice and opportunity to be heard given to the group of persons, organization
or association, be declared as a terrorist and outlawed group of persons, and organization or association, by the said
Court.

The application shall be filed with an urgent prayer for the issuance of a preliminary order or proscription. No application
for proscription shall be filed without the authority of the ATC upon the recommendation of the National Intelligence
Coordinating Agency (NICA).

Section 29. Detention Without Judicial Warrant of Arrest. - The provisions of Article 125 of the revised Penal Code to the
contrary notwithstanding, any law enforcement agent or military personnel, who, having been duly authorized in writing
by the ATC has taken custody of a person suspected of committing any of the acts defined and penalized under Sections
4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, shall, without incurring any criminal liability for delay in the delivery of detained
persons to the proper judicial authorities, deliver said suspected person to the proper judicial authority within a period
of fourteen (14) calendar days counted from the moment the said suspected person has been apprehended or arrested,
detained, and taken into custody by the law enforcement agent or military personnel. The period of detention may be
extended to a maximum period of (10) calendar days if it is established that (1) further detention of the person/s is
necessary to preserve evidence related to terrorism or complete the investigation; (2) further detention of the person/s
is necessary to prevent the commission of another terrorism; and (3) the investigation is being conducted properly and
without delay.

Immediately after taking custody of a person suspected of committing terrorism or any member of a group of persons,
organization or association proscribed under Section 26 hereof, the law enforcement agent or military personnel shall
notify in writing the judge of the court nearest the place of apprehension or arrest of the following facts: (a) the time,
date, and manner of arrest; (b) the location or locations of the detained suspect/s and (c) the physical and mental
condition of the detained suspect/s. The law enforcement agent or military personnel shall likewise furnish the ATC and
the Commission on Human Rights (CHR) of the written notice given to the judge.

The head of the detaining facility shall ensure that the detained suspect is informed of his/her rights as a detainee and
shall ensure access to the detainee by his/her counsel or agencies and entities authorized by law to exercise visitorial
powers over detention facilities.

The penalty of imprisonment of ten (10) years shall be imposed upon the police or law enforcement agent or military
personnel who fails to notify any judge as provided in the preceding paragraph.

Section 36. Authority to Freeze. - Upon the issuance by the court of a preliminary order of proscription or in case of
designation under Section 25 of this Act, the AMLC, either upon its own initiative or request of the ATC, is hereby
authorized to issue an ex parte order to freeze without delay: (a) any property or funds that are in any way related to
financing of terrorism as defined and penalized under Republic Act No. 101168, or any violation of Sections 4, 5, 6, 7, 8,
9, 10, 11 or 12 of this Act ; and (b) property or funds of any person or persons in relation to whom there is probable
cause to believe that such person or persons are committing or attempting or conspiring to commit, or participating in or
facilitating the financing of the aforementioned sections of this Act.

The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a petition filed by the AMLC before
the expiration of the period, the effectivity of the freeze order may be extended up to a period not exceeding six (6)
months upon order of the Court of Appeals: Provided, That, the twenty-day period shall be tolled upon filing of a petition
to extend the effectivity of the freeze order.

Notwithstanding the preceding paragraphs, the AMLC, consistent with the Philippines international obligations, shall be
authorized to issue a freeze order with respect to property or funds of a designated organization, association, group or
any individual to comply with binding terrorism-related resolutions, including UNSCR No. 1373 pursuant to Article 41 of
the charter of the UN. Said freeze order shall be effective until the basis for the issuance thereof shall have been lifted.
During the effectivity of the freeze order, an aggrieved party may, within twenty (20) days from issuance, file with the
Court of Appeals a petition to determine the basis of the freeze order according to the principle of effective judicial
protection: Provided, That the person whose property or funds have been frozen may withdraw such sums as the AMLC
determines to be reasonably needed for monthly family needs and sustenance including the services of counsel and the
family medical needs of such person.

However, if the property or funds subject of the freeze order under the immediately preceding paragraph are found to
be in any way related to financing of terrorism as defined and penalized under Republic Act No. 10168, or any violation
of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act committed within the jurisdiction of the Philippines, said property or
funds shall be the subject of civil forfeiture proceedings as provided under Republic Act No. 10168.
TERRORISM FINANCING PREVENTION AND SUPPRESSION ACT (R.A. NO. 10168)
SEC. 4. Financing of Terrorism. – Any person who, directly or indirectly, willfully and without lawful excuse, possesses,
provides, collects or uses property or funds or makes available property, funds or financial service or other related
services, by any means, with the unlawful and willful intention that they should be used or with the knowledge that they
are to be used, in full or in part: (a) to carry out or facilitate the commission of any terrorist act; (b) by a terrorist
organization, association or group; or (c) by an individual terrorist, shall be guilty of the crime of financing of terrorism
and shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than
Five hundred thousand pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00).

Any person who organizes or directs others to commit financing of terrorism under the immediately preceding
paragraph shall likewise be guilty of an offense and shall suffer the same penalty as herein prescribed.

For purposes of this Act, knowledge or intent may be established by direct evidence or inferred from the attendant
circumstances.

For an act to constitute a crime under this Act, it shall not be necessary that the funds were actually used to carry out a
crime referred to in Section 3(j).

SEC. 5. Attempt or Conspiracy to Commit the Crimes of Financing of Terrorism and Dealing with Property or Funds of
Designated Persons. – Any attempt to commit any crime under Section 4 or Section 8 under this Act shall be penalized
by a penalty two degrees lower than that prescribed for the commission of the same as provided under this Act.

Any conspiracy to commit any crime under Section 4 or Section 8 of this Act shall be penalized by the same penalty
prescribed for the commission of such crime under the said sections.

There is conspiracy to commit the offenses punishable under Sections 4 and 8 of this Act when two (2) or more persons
come to an agreement concerning the commission of such offenses and decided to commit it.

SEC. 6. Accomplice. – Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator
as defined in Section 5 hereof, cooperates in the execution of either the crime of financing of terrorism or conspiracy to
commit the crime of financing of terrorism by previous or simultaneous acts shall suffer the penalty one degree lower
than that prescribed for the conspirator.

SEC. 7. Accessory. – Any person who, having knowledge of the commission of the crime of financing of terrorism but
without having participated therein as a principal, takes part subsequent to its commission, by profiting from it or by
assisting the principal or principals to profit by the effects of the crime, or by concealing or destroying the effects of the
crime in order to prevent its discovery, or by harboring, concealing or assisting in the escape of a principal of the crime
shall be guilty as an accessory to the crime of financing of terrorism and shall be imposed a penalty two degrees lower
than that prescribed for principals in the crime of financing terrorism.

SEC. 8. Prohibition Against Dealing with Property or Funds of Designated Persons. – Any person who, not being an
accomplice under Section 6 or accessory under Section 7 in relation to any property or fund: (i) deals directly or
indirectly, in any way and by any means, with any property or fund that he knows or has reasonable ground to believe is
owned or controlled by a designated person, organization, association or group of persons, including funds derived or
generated from property or funds owned or controlled, directly or indirectly, by a designated person, organization,
association or group of persons; or (ii) makes available any property or funds, or financial services or other related
services to a designated and/or identified person, organization, association, or group of persons, shall suffer the penalty
of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred thousand
pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00).
SEC. 9. Offense by a Juridical Person, Corporate Body or Alien. – If the offender is a corporation, association,
partnership or any juridical person, the penalty shall be imposed upon the responsible officers, as the case may be, who
participated in, or allowed by their gross negligence, the commission of the crime or who shall have knowingly permitted
or failed to prevent its commission. If the offender is a juridical person, the court may suspend or revoke its license. If
the offender is an alien, the alien shall, in addition to the penalties herein prescribed, be deported without further
proceedings after serving the penalties herein prescribed.

SEC. 17. Predicate Offense to Money Laundering. – Financing of terrorism under Section 4 and offenses punishable
under Sections 5, 6, and 7 of this Act shall be predicate offenses to money laundering as defined in Republic Act No.
9160, otherwise known as the “Anti-Money Laundering Act of 2001”, as amended, and subject to its suspicious
transaction reporting requirement.

SEC. 19. Extra-Territorial Application of this Act. – Subject to the provision of an existing treaty, including the
International Convention for the Suppression of the Financing of Terrorism of which the Philippines is a State Party, and
to any contrary provision of any law of preferential application, the criminal provisions of this Act shall apply: (a) to
individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to
commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (b) to individual
persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board
Philippine ship or Philippine airship; (c) to individual persons who commit any of said crimes within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (d) to
individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of
the crime; and (e) to individual persons who, although physically outside the territorial limits of the Philippines, commit
said crimes directly against the Philippine government.

The provisions of this Act shall likewise apply to a Filipino national who, although outside the territorial jurisdiction of
the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act.

In case of an alien whose extradition is requested pursuant to the International Convention for the Suppression of the
Financing of Terrorism, and that alien is not extradited to the requesting State, the Republic of the Philippines, without
exception whatsoever and whether or not the offense was committed in the Philippines, shall submit the case without
undue delay to the Department of Justice for the purpose of prosecution in the same manner as if the act constituting
the offense had been committed in the Philippines, in which case, the courts of the Philippines shall have jurisdiction
over the offense.

ANTI-PIRACY AND ANTI HIGHWAY ROBBERY LAW (P.D NO. 532)

Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:

a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around,
between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth,
length or dimension, and all other waters belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has
sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing.

c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof, or
railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the
movement or circulation of persons or transportation of goods, articles, or property or both.
 d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by
means of violence against or intimidation of persons or force upon things, committed by any person, including a
passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The
offenders shall be considered as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful purposes, or
the taking away of the property of another by means of violence against or intimidation of person or force upon
things of other unlawful means, committed by any person on any Philippine Highway.

Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined, shall, upon
conviction by competents court be punished by:

a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If physical
injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua
shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the
offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by
firing upon or boarding a vessel, the mandatory penalty of death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be imposed. If
physical injuries or other crimes are committed during or on the occasion of the commission of robbery or
brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If
kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion
thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any person
who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information
about the movement of police or other peace officers of the government, or acquires or receives property taken by such
pirates or brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the
commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offenders
and be punished in accordance with the Rules prescribed by the Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless
the contrary is proven.

PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST
HUMANITY (R.A. NO. 9851)
SEC. 3. For purposes of this Act, the term:

(a) “Apartheid” means inhumane acts committed in the context of an institutionalized regime of systematic oppression
and domination by one racial group or groups and committed with the intention of maintaining that regime.

(b) “Arbitrary deportation or forcible transfer of population” means forced displacement of the persons concerned by
expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under
domestic or international law.

(c) “Armed conflict” means any use of force or armed violence between States or a protracted armed violence between
governmental authorities and organized armed groups or between such groups within a State: Provided, That such force
or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 August 1949,
including their common Article 3, apply. Armed conflict may be international, that is, between two (2) or more States,
including belligerent occupation; or non-international, that is, between governmental authorities and organized armed
groups or between such groups within a State. It does not cover internal disturbances or tensions such as riots, isolated
and sporadic acts of violence or other acts of a similar nature.

(d) “Armed forces” means all organized armed forces, groups and units that belong to a party to an armed conflict which
are under a command responsible to that party for the conduct of its subordinates. Such armed forces shall be subject
to an internal disciplinary system which enforces compliance with International Humanitarian Law.

(e) “Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts
referred to in Section 6 of this Act against any civilian population, pursuant to or in furtherance of a State or
organizational policy to commit such attack.

(f) “Effective command and control” or “effective authority and control” means having the material ability to prevent
and punish the commission of offences by subordinates.

(g) “Enforced or involuntary disappearance of persons” means the arrest, detention, or abduction of persons by, or with
the authorization, support or acquiescence of, a State or a political organization followed by a refusal to acknowledge
that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of
removing them from the protection of the law for a prolonged period of time.

(h) “Enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and
includes the exercise of such power in the course of trafficking in persons, in particular women and children.

(i) “Extermination” means the intentional infliction of conditions of life, inter alia, the deprivation of access to food and
medicine, calculated to bring about the destruction of a part of a population.

(j) “Forced pregnancy” means the unlawful confinement of a woman to be forcibly made pregnant, with the intent of
affecting the ethnic composition of any population or carrying out other grave violations of international law.

(k) “Hors de combat” means a person who:

(1) is in the power of an adverse party;

(2) has clearly expressed an intention to surrender; or

(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of
defending himself: Provided, That in any of these cases, the person abstains from any hostile act and does not attempt
to escape.

(l) “Military necessity” means the necessity of employing measures which are indispensable to achieve a legitimate aim
of the conflict and are not otherwise prohibited by International Humanitarian Law.

(m) “Non-defended locality” means a locality that fulfills the following conditions:

(1) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;

(2) no hostile use of fixed military installations or establishments must have been made;

(3) no acts of hostility must have been committed by the authorities or by the population; and

(4) no activities in support of military operations must have been undertaken.

(n) “No quarter will be given” means refusing to spare the life of anybody, even of persons manifestly unable to defend
themselves or who clearly express their intention to surrender.

(o) “Perfidy” means acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled to, or
is obliged to accord, protection under the rules of International Humanitarian Law, with the intent to betray that
confidence, including but not limited to:

(1) feigning an intent to negotiate under a flag of truce;

(2) feigning surrender;

(3) feigning incapacitation by wounds or sickness;

(4) feigning civilian or noncombatant status; and

(5) feigning protective status by use of signs, emblems or uniforms of the United Nations or of a neutral or other State
not party to the conflict.

(p) “Persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by
reason of identity of the group or collectivity.

(q) “Protected person” in an armed conflict means:

(1) a person wounded, sick or shipwrecked, whether civilian or military;

(2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;

(3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the power of the
adverse party;

(4) a person who, before the beginning of hostilities, was considered a stateless person or refugee under the relevant
international instruments accepted by the parties to the conflict concerned or under the national legislation of the state
of refuge or state of residence;

(5) a member of the medical personnel assigned exclusively to medical purposes or to the administration of medical
units or to the operation of or administration of medical transports; or

(6) a member of the religious personnel who is exclusively engaged in the work of their ministry and attached to the
armed forces of a party to the conflict, its medical units or medical transports, or non-denominational, noncombatant
military personnel carrying out functions similar to religious personnel.

(r) “Superior” means:

(1) a military commander or a person effectively acting as a military commander; or

(2) any other superior, in as much as the crimes arose from activities within the effective authority and control of that
superior.

(s) “Torture” means the intentional infliction of severe pain or suffering, whether physical, mental, or psychological,
upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering
arising only from, inherent in or incidental to, lawful sanctions.
(t) “Works and installations containing dangerous forces” means works and installations the attack of which may cause
the release of dangerous forces and consequent severe losses among the civilian population, namely: dams, dikes, and
nuclear, electrical generation stations.

SEC. 4. War Crimes. – For the purpose of this Act, “war crimes” or “crimes against International Humanitarian Law”
means:

(a) In case of an international armed conflict, grave breaches of the Geneva Conventions of 12 August 1949, namely, any
of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(1) Willful killing;

(2) Torture or inhuman treatment, including biological experiments;

(3) Willfully causing great suffering, or serious injury to body or health;

(4) Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and
wantonly;

(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;

(7) Taking of hostages;

(8) Compelling a prisoner of war or other protected person to serve in the forces of a hostile power; and

(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.

(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva
Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the
hostilities, including members of the armed forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention or any other cause:

(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;

(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;

(3) Taking of hostages; and

(4) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly
constituted court, affording all judicial guarantees which are generally recognized as indispensable.

(c) Other serious violations of the laws and customs applicable in armed conflict, within the established framework of
international law, namely:

(1) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct
part in hostilities;

(2) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(3) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the
distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with international law;

(4) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian
assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to
the protection given to civilians or civilian objects under the international law of armed conflict;

(5) Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage
to civilian objects or widespread, long-term and severe damage to the natural environment which would be excessive in
relation to the concrete and direct military advantage anticipated;

(6) Launching an attack against works or installations containing dangerous forces in the knowledge that such attack will
cause excessive loss of life, injury to civilians or damage to civilian objects, and causing death or serious injury to body or
health;

(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and
which are not military objectives, or making non-defended localities or demilitarized zones the object of attack;

(8) Killing or wounding a person in the knowledge that he/she is hors de combat, including a combatant who, having laid
down his/her arms or no longer having means of defense, has surrendered at discretion;

(9) Making improper use of a flag of truce, of the flag or the military insignia and uniform of the enemy or of the United
Nations, as well as of the distinctive emblems of the Geneva Conventions or other protective signs under International
Humanitarian Law, resulting in death, serious personal injury or capture;

(10) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes,
historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military
objectives. In case of doubt whether such building or place has been used to make an effective contribution to military
action, it shall be presumed not to be so used;

(11) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific
experiments of any kind, or to removal of tissue or organs for transplantation, which are neither justified by the medical,
dental or hospital treatment of the person concerned nor carried out in his/her interest, and which cause death to or
seriously endanger the health of such person or persons;

(12) Killing, wounding or capturing an adversary by resort to perfidy;

(13) Declaring that no quarter will be given;

(14) Destroying or seizing the enemy’s property unless such destruction or seizure is imperatively demanded by the
necessities of war;

(15) Pillaging a town or place, even when taken by assault;

(16) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the
civilians involved or imperative military reasons so demand;

(17) Transferring, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it
occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this
territory;

(18) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
(19) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form
of sexual violence also constituting a grave breach of the Geneva Conventions or a serious violation of common Article 3
to the Geneva Conventions;

(20) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces
immune from military operations;

(21) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their
survival, including willfully impeding relief supplies as provided for under the Geneva Conventions and their Additional
Protocols;

(22) In an international armed conflict, compelling the nationals of the hostile party to take part in the operations of war
directed against their own country, even if they were in the belligerent’s service before the commencement of the war;

(23) In an international armed conflict, declaring abolished, suspended or inadmissible in a court of law the rights and
actions of the nationals of the hostile party;

(24) Committing any of the following acts:

(i) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national armed forces;

(ii) Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an armed force or group other
than the national armed forces; and

(iii) Using children under the age of eighteen (18) years to participate actively in hostilities; and

(25) Employing means of warfare which are prohibited under international law, such as:

(i) Poison or poisoned weapons;

(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(iii) Bullets which expand or flatten easily in the human body, such as bullets with hard envelopes which do not entirely
cover the core or are pierced with incisions; and

(iv) Weapons, projectiles and material and methods of warfare which are of the nature to cause superfluous injury or
unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict.

Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7
of this Act.

SEC. 5. Genocide. – (a) For the purpose of this Act, “genocide” means any of the following acts with intent to destroy, in
whole or in part, a national, ethnic, racial, religious, social or any other similar stable and permanent group as such:

(1) Killing members of the group;

(2) Causing serious bodily or mental harm to members of the group;

(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in
part;

(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.

(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide.

Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section shall suffer the
penalty provided under Section 7 of this Act.

SEC. 6. Other Crimes Against Humanity. – For the purpose of this Act, “other crimes against humanity” means any of the
following acts when committed as part of a widespread or systematic attack directed against any civilian population,
with knowledge of the attack:

(a) Willful killing;

(b) Extermination;

(c) Enslavement;

(d) Arbitrary deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual
violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious,
gender, sexual orientation or other grounds that are universally recognized as impermissible under international law, in
connection with any act referred to in this paragraph or any crime defined in this Act;

(i) Enforced or involuntary disappearance of persons;

(j) Apartheid; and

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental
or physical health.

Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7
of this Act.

SEC. 10. Responsibility of Superiors. – In addition to other grounds of criminal responsibility for crimes defined and
penalized under this Act, a superior shall be criminally responsible as a principal for such crimes committed by
subordinates under his/her effective command and control, or effective authority and control as the case may be, as a
result of his/her failure to properly exercise control over such subordinates, where:

(a) That superior either knew or, owing to the circumstances at the time, should have known that the subordinates were
committing or about to commit such crimes;

(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress their
commission or to submit the matter to the competent authorities for investigation and prosecution.
SEC. 11. Nonprescription. – The crimes defined and. penalized under this Act, their prosecution, and the execution of
sentences imposed on their account, shall not be subject to any prescription.

SEC. 12. Orders from a Superior. – The fact that a crime defined and penalized under this Act has been committed by a
person pursuant to an order of a government or a superior, whether military or civilian, shall not relieve that person of
criminal responsibility unless all of the following elements concur:

(a) The person was under a legal obligation to obey orders of the government or the superior in question;

(b) The person did not know that the order was unlawful; and

(c) The order was not manifestly unlawful.

For the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly unlawful.

SEC. 17. Jurisdiction. – The State shall exercise jurisdiction over persons, whether military or civilian, suspected or
accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided, any one of
the following conditions is met:

(a) The accused is a Filipino citizen;

(b) The accused, regardless of citizenship or residence, is present in the Philippines; or

(c) The accused has committed the said crime against a Filipino citizen.

In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a
crime punishable under this Act if another court or international tribunal is already conducting the investigation or
undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused
persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable
extradition laws and treaties.

No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes
defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the
same offense and acquitted, or having been convicted, already served their sentence.

TITLE VII SPECIAL LAWS

ANTI-GRAFT AND CORRUPT PRACTICES ACT (R.A. NO. 3019) as amended by B.P. Blg. 195 and R.A. No. 10910

Section 2. Definition of terms. — As used in this Act, the 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 party, 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) Directly or indirectly having financial 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 6. Prohibition on Members of Congress. — It shall be unlawful hereafter for any Member of the Congress during
the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business
enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him
previously approved or adopted by the Congress during the same term. The provision of this section shall apply to any
other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution,
and acquires or receives any such interest during his incumbency. It shall likewise be unlawful for such member of
Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or
recommended by him, continues for thirty days after such approval to retain such interest.

"SEC. 9. Penalties for violations.— (a) Any public officer or private person committing any of the unlawful acts or
omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than six
years and one month nor more than fifteen years, perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to
his salary and other lawful income.
"Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the
accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the
amount of money or the thing he may have given to the accused, or the fair value of such thing.

"(b) Any public officer violating any of the provisions of Section 7 of this Act shall be punished by a fine of not less than
one thousand pesos nor more than five thousand pesos, or by imprisonment not exceeding one year and six months, or
by both such fine and imprisonment, at the discretion of the Court.

"The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or
dismissal of a public officer, even if no criminal prosecution is instituted against him."

“SEC. 11. Prescription of Offenses. – All offenses punishable under this Act shall prescribe in twenty years.
ANTI-PLUNDER ACT (R.A No. 7080) as amended by R.A. No. 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 the 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 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 or 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. (As amended by RA 7659,
approved Dec. 13, 1993.)

“SERIES AND COMBINATION ACT”

- The Amended Information charges petitioner with plunder committed through a series of acts. The terms "series" and
"combination" in the law can be understood in their popular meaning, with "series" referring to a repetition of the same
act and "combination" referring to the commission of at least two different acts.
- The word “combination” means at least two different predicate crimes; while the term “series” means at least two predicate
crimes of the same kind (Ejercito vs. Sandiganbayan, G.R. Nos. 157294-95, November 30, 2006). Thus, a single predicate crime
amounting to 50 million pesos is not plunder. The intention of the lawmakers is that if there is only one predicate crime, the
offender has to be prosecuted under the particular crime, which is already covered by existing laws. What is punishable under the
law is "acts of plunder", which means that there should be at least, two or more, predicate crimes (See deliberation of the
Bicameral Committee on Justice, May 7, 1991).

“PATTERN”
- To establish the crime of plunder, it is not necessary to prove each and every criminal act committed by the accused. It
is sufficient to establish a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.

“WHEEL AND CHAIN CONSPIRACY”

- There are two structures of multiple conspiracies, namely: wheel or circle conspiracy and chain conpiracy. Under the wheel or
circle conspiracy, there is a single person or group (the "hub") dealing individually with two or more other persons or groups (the
"spokes"). Under the chain conspiracy, usually involving the distribution of narcotics or other contraband, in which there is
successive communication and cooperation in much the same way as with legitimate business operations between manufacturer
and wholesaler, then wholesaler and retailer, and then retailer and consumer (Fernan, Jr. vs. People, G.R. No. 145927, August 24,
2007). An illustration of wheel conspiracy wherein there is only one conspiracy involved was the conspiracy alleged in the
information for plunder filed against former President Estrada and his co-conspirators. Former President Estrada was the hub
while the spokes were all the other accused individuals. The rim that enclosed the spokes was the common goal in the overall
conspiracy, i.e., the amassing, accumulation and acquisition of ill-gotten wealth (GMA vs. People, G.R. No. 220598, July 19, 2016,
Bersamin).

ELEMENTS OF PLUNDER
First - That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons;

Second - That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the following overt or
criminal acts:

1. Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (Example:
Misuse of funds in the amount P10 million by awarding contract to a close relative, who is not the lowest bidder; Misuse of funds
or fraud disposition of government asset to P100 million by diverting the construction of road leading to his farm instead of the
poblacion).

Can the Senator use the defense in malversation that he is not responsible for the misuse of his PDAP since it is the duty of the
appropriate implementing agency of the government to check that the recipient of the fund is not bogus? No. Assuming that the
duty to check that the recipient of the Senator’s PDAP is not bogus belongs to the appropriate agency of the government, the
Senator is still liable since malversation can be committed through culpa.

2. By receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits
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; (Example: Collecting or receiving commission from the sales of Belle Shares in the amount of P189,700,000.00
which was deposited in the Jose Velarde account and receiving bi-monthly collections from “jueteng”, a form of illegal
gamblingin the aggregate amount of P545,291,000.00 of which was deposited in the Erap Muslim Youth Foundation (People vs.
Joseph Estrada, Criminal Case No. 26558, September 12, 2007).

3. By the illegal or fraudulent conveyance or disposition of assets belonging to government (Example: Ordering the GSIS and the
SSS by President Estrada to purchase shares of stock of Belle Corporation (People vs. Joseph Estrada, Criminal Case No. 26558,
September 12, 2007);

4. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or
participation including the 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 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;

Third - That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least
P50,000,000.00

TITLE VIII SPECIAL LAW

ANTI-HAZING ACT OF 2018 (R.A. No. 8049) as amended by R.A. No. 11053
"Section 2. Definition of Terms. - As used in this Act:
"(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury inflicted
on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a
prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or
organization including, but not limited to paddling, whipping, beating, branding, forced calisthenics,
exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or
any other brutal treatment or forced physical activity which is likely to adversely affect the physical and
psychological health of such recruit, neophyte, applicant, or member. This shall also include any
activity, intentionally made or otherwise, by one person alone or acting with others, that tends to
humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or
member to do menial, silly, or foolish tasks.
"(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, weather formal or
informal, that a person must perform or take part in order to be accepted into fraternity, sorority,
organization as a full-fledged member. It includes ceremonies practices , rituals, and other acts in all
stages of membership in a fraternity, sorority, or organization.
"(c) Organization refers to an organized body of people which includes, but it is not limited to, any club,
association, group, fraternity, and sorority. This term shall include the Armed Forces of the Philippines
(AFP), the Philippine National Police (PNP), the Philippine Miltary Academy (PMA), the Philippine
National Police Academy (PNPA), and other similar uniformed service learning institutions.
"(d) Schools refer to colleges, universities, and other educational institutions."

Sec. 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities, and
organizations in schools, including citizens' military training and citizens' army training. This prohibition
shall likewise apply to all other fraternities, sororities, and organizations that are not school-based, such
as community-based and other similar fraternities, sororities and organizations: Provide, That the
physical, mental, and practices to determine and enhance the physical, mental, and psychological
fitness of prospective regular members of the AFP and the PNP as approved by the Secretary of
National Defense and National Police Commission, duly recommended by the Chief of Staff of the AFP
and Director General of the PNP, shall not be considered as hazing purposes of this Act: Provided,
further, That the exemption provided herein shall likewise apply to similar procedures and practices
approved by the respective heads of other uniformed learning institutions as to their prospective
members, nor shall this provision apply to any customary athletic events or other similar contests or
competitions or any activity or conduct that furthers a legal and legitimate objective, subject to prior
submission of a medical clearance or certificate.
"In no case shall hazing be made a requirement for employment in any business or corporation."

Sec. 12. Nullity of Waiver and Consent. - Any form of approval, consent, or agreement, whether written
or otherwise, or of an express waiver of the right to object to the initiation rite or proceeding which
consists of hazing, as defined in this Act, made by a recruit, neophyte, or applicant prior to an initiation
rite that involves inflicting physical or psychological suffering, harm, or injury, shall be void and without
any binding effect on the parties.1âwphi1
"The defense that the recruit, neophyte, or applicant consented to being subjected to hazing shall not
be available to persons prosecuted under this Act.

TITLE X SPECIAL LAWS

ANTI-FENCING LAW OF 1979 (P.D. No. 1612)

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. lawphi1.net

BOUNCING CHECKS LAW (B.P. Blg. 22)

Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on account or
for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any
valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not less than thirty days but not
more than one (1) year or by a fine of not less than but not more than double the amount of the check which fine shall in
no case exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of the court.

The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason
it is dishonored by the drawee bank.

Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in
behalf of such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment of which
is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90)
days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit
unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in
full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the
drawee.

Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to pay the
same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language thereon, or
attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided, That where there are no
sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the notice of dishonor or
refusal. In all prosecutions under this Act, the introduction in evidence of any unpaid and dishonored check, having the
drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, shall be
prima facie evidence of the making or issuance of said check, and the due presentment to the drawee for payment and
the dishonor thereof, and that the same was properly dishonored for the reason written, stamped or attached by the
drawee on such dishonored check.

Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no sufficient
funds in or credit with such bank for the payment in full of such check, if such be the fact.

Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability
for violation of any provision of the Revised Penal Code.

ADMINISTRATIVE CIRCULAR NO. 12-2000 February 21, 2001

Section 1 of B.P. Blg. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds for
Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty (30) days but not more than
one (1) year or a fine of not less than but not more than double the amount of the check, which fine shall in no case
exceed P200,000, or both such fine and imprisonment at the discretion of the court.

In its decision in Eduardo Vaca, v. Court of Appeals (G.R. No. 131714, 16 November 1998; 298 SCRA 656, 664) the
Supreme Court (Second Division) per Mr. Justice V. Mendoza, modified the sentence imposed for violation of B.P. Blg. 22
by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the amount of the
check. In justification thereof, the Court said:

Petitioners are first-time offenders. They are Filipino entrepreneurs who presumably contribute to the national
economy. Apparently, they brought this appeal, believing in all good faith, although mistakenly that they had
not committed a violation of B.P. Blg. 22. Otherwise, they could simply have accepted the judgment of the trial
court and applied for probation to evade a prison term. It would best serve the ends of criminal justice if in fixing
the penalty within the range of discretion allowed by Section 1, par. 1, the same philosophy underlying the
Indeterminate Sentence Law is observed, namely, that of redeeming valuable human material and preventing
unnecessary deprivation f personal liberty and economic usefulness with due regard to the protection of the
social order. In this case, we believe that a fine in an amount equal to double the amount of the check involved
is an appropriate penalty to impose on each of the petitioners In the recent case of Rosa Lim v. People of the
Philippines (G. R. No. 130038, 18 September 2000), the Supreme Court en banc, applying Vaca also deleted the
penalty of imprisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed
by B.P. Blg. 22, i.e., P200,000, and concluded that “such would best serve the ends of criminal justice.”

All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on the matter
of the imposition of penalties for violations of B.P. Blg. 22. The Court Administrator shall cause the immediate
dissemination of this Administrative Circular to all courts and judges concerned.

This Administrative Circular, referred to and approved by the Supreme Court en banc, shall take effect upon its issuance
ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14, 2001

Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular
12-2000 issued on 21 November 2000. In particular, queries have been made regarding the authority of Judges to:

1. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. 22; and

2. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions
of B.P. Blg. 22, is unable to pay the fine which he is sentenced to pay considering that Administrative Circular
No. 12-2000 adopted the rulings in Eduardo Vaca v. Court of Appeals (G.R. No. 131714, 16 November 1998, 298
SCRA 656) and Rosa Lim v. People of the Philippines (G.R. No. 130038, 18 September 2000) as a policy of the
Supreme Court on the matter of the imposition of penalties for violations of B.P. Blg. 22, without mentioning
whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine.

The clear tenor and intention of Administrative Circular No. 12-2000 is not to remove imprisonment as an alternative
penalty, but to lay down a rule of preference in the application of the penalties provided for in B.P. Blg. 22.

The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B.P. Blg. 22.
Neither does it defeat the legislative intent behind the law.

Thus, Administrative Circular No. 12-2000 establishes a rule of preference in the application of the penal provisions
of B.P. Blg. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a
clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more
appropriate penalty. Needless to say, the determination of whether the circumstances warrant the imposition of a fine
alone rests solely upon the Judge. Should the Judge decide that imprisonment is the more appropriate
penalty, Administrative Circular No. 12-2000 ought not be deemed a hindrance.

It is, therefore, understood that:

1. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B.P.
Blg. 22;

2. The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of
justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to the imperatives of justice;

3. Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the
application of the Revised Penal Code provisions on subsidiary imprisonment.

NEW ANTI-CARNAPPING ACT OF 2016 (R.A. No. 10883)

SEC. 2. Definition of Terms. – As used in this Act:
(e) Motor vehicle refers to any vehicle propelled by any power other than muscular power using the public highways,
except road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian
trucks, and cranes if not used on public highways; vehicles which run only on rails or tracks; and tractors, trailers and
traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as a separate motor vehicle
with no power rating;
SEC. 3. Carnapping; Penalties. – Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by
imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the
carnapping is committed without violence against or intimidation of persons, or force upon things; and by imprisonment
for not less than thirty (30) years and one (1) day but not more than forty (40) years, when the carnapping is committed
by means of violence against or intimidation of persons, or force upon things; and the penalty of life imprisonment shall
be imposed when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the commission of
the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or
syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when the owner,
driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of the carnapping shall be denied
bail when the evidence of guilt is strong.

SEC. 4. Concealment of Carnapping. – Any person who conceals carnapping shall be punished with imprisonment of six
(6) years up to twelve (12) years and a fine equal to theamount of the acquisition cost of the motor vehicle, motor
vehicle engine, or any other part involved in the violation: Provided, That if the person violating any provision of this Act
is a juridical person, the penalty herein provided shall be imposed on its president, secretary, and/or members of the
board of directors or any of its officers and employees who may have directly participated in the violation.

Any public official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross negligence
of duty or connives with or permits the commission of any of the said unlawful acts shall, in addition to the penalty
prescribed in the preceding paragraph, be dismissed from the service, and his/her benefits forfeited and shall be
permanently disqualified from holding public office.

MOTORCYCLE CRIME PREVENTION ACT (R.A. No. 11235)

Section 4. Registration by the Owner. - The owner of a motorcycle shall register his or her motorcycle with the LTO
within five (5) days from such acquisition of ownership. The owner of a motorcycle shall also immediately report any
sale or disposition of his or her motorcycle to the LTO. Failure of the owner to register within five days from the
acquisition of ownership, or to immediately report its sale or disposition, shall subject the owner to a penalty of
imprisonment or arresto mayor to prision correccional, as defined under the Revised Penal Code, or fine of not less than
Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or both.

If a motorcycle that is not yet registered with the LTO is used in connection with an offense punishable under the
penalty of the relevant offense shall be imposed on the offenders.

Section 7. Driving Without a Number Plate or Readable Number Plate. - Driving without a number plate or readable
number plate, as provided in the Revised Penal Code, or a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than One hundred thousand (P100,000.00) or both.

A motorcycle driven without a number plate or a readable number plate shall be stopped, and such motorcycle shall be
seized by law enforcers and immediately surrendered to the Philippine National Police (PNP). Any apprehension must be
reported immediately to the LTO, PNP and the Department of Information and Communication Technology (DICT)
Through the Joint LTO and PNP Operations and Control Center. The owner of such motorcycle may redeem his or her
ownership, payment of the costs of seizure, and compliance with a number plate or readable number plate.

Section 9. Use of a Motorcycle in the Commission of Crime. - If a motorcycle is used in the commission of a crime
constituting a grave felony under the Revised Penal Code, or in the escape from the scene of such crime, regardless of
the stage of commission, whether attempted, frustrated, or consummated, the owner, driver, backrider or passenger
who participated in the same shall be punished by reclusion temporal to reclusion perpetua as provided under the
Revised Penal Code.

If a motorcycle is used in the commission of a crime constituting a less grave felony or light felony under Revised Penal
Code or any other crime, or in the escape from the scene of such crime, regardless of the stage of commission whether
attempted, frustrated, or consummated, the owner, driver, backrider or passenger who participated in the same shall be
punished by prision correccional to prision mayor, as provided under the Revised Penal Code.

If a seized motorcycle is used in the commission of a crime, the maximum penalty of the relevant crime or offense shall
be imposed.1avvphi1

If death or serious physical injuries, as defined under the Revised Penal Code, results from the unlawful use of a
motorcycle in the commission of a crime, the penalty of reclusion perpetua as provided under the Revised Penal Code
shall be imposed.

Section 11. Loss Number Plate or Readable Number Plate. - If the number plate or readable number plate of a
motorcycle is lost, damaged, or stolen, the owner of such motorcycle shall immediately report the same to the LTO and
PNP through the Joint PNP and LTO Operations and Control Center, and request a replacement number plate. Failure of
the owner to report the same shall subject te owner to fine of not less than Twenty thousand pesos (P20,000.00) but not
more than Fifty thousand pesos (P50,000.00).

However, if the lost, damaged or stolen number plate or readable number plate is used in connection with an offense
penalized under the Revised Penal Code or special penal laws, the failure of the owner to report within three (3) days
that the motorcycle is lost, damaged, or stolen, shall subject the owner to a penalty of imprisonment of arresto
mayor to prision correccional.

Section 12. Erasing, Tampering, Forging, Imitating, Covering or Concealing a Number Plate or Readable Number Plate
and Intentional Use Thereof. - Erasing, tampering, altering, forging, imitating, covering, concealing a number plate or
readable number plate, or the intentional use of such erased, tampered, altered, forged, imitated, covered or concealed
number plate or readable number plate, under this Act shall be punished by prision mayor as provided under the
Revised Penal Code, or a fine of not less that Fifty thousand pesos (P50,000.00) but not more than One hundred
thousand pesos (P100,000.00), or both.

If a person knowingly sells or buys an erased, tampered, altered, forged or imitated number plate or readable number
plate, both such buyer and seller shall be punished by prision mayor as provided under the Revised Penal Code.
However, if a person who sells or buys the number plate proves that he or she has no knowledge that it was erased,
tampered, altered, forged or imitated, he or she shall be punished by arresto mayor.

Section 13. Use of a Stolen Number Plate or Readable Number Plate. - The use of a stolen number plate or readable
number plate in a motorcycle shall be punished by prision mayor as provided under the Revised Penal Code, or a fine of
not less than Fifty Thousanda pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or
both at the direction of the court.

LAW ON ARSON (P.D. No. 1613)

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by Prision Mayor.

The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to
danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall be
imposed if the property burned is any of the following:
 1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are
stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social
services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or
property

4. Any building where evidence is kept for use in any legislative, judicial, administrative or other official
proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market,
theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be imposed in its
maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death results, the penalty of
Reclusion Perpetua to death shall be imposed.

Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute prima facie evidence of
arson:
 1. If the fire started simultaneously in more than one part of the building or establishment.

2. If substantial amount of flammable substances or materials are stored within the building note necessary in
the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith
or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire,
or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property.

4. If the building or property is insured for substantially more than its actual value at the time of the issuance of
the policy.

4. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same
or other premises owned or under the control of the offender and/or insured.

5. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had
been withdrawn from the premises except in the ordinary course of business.

6. If a demand for money or other valuable consideration was made before the fire in exchange for the
desistance of the offender or for the safety of the person or property of the victim.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor in its minimum
period.

TITLE XIII SPECIAL LAW

GUIDELINES FOR THE IMPOSITION OF PENALTIES IN LIBER CASE (A.C No. 08-2008)

Article 355 of the Revised Penal Code penalizes libel, committed by means of writing, printing, lithography, engraving,
radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, with prision
correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the
civil action which may be brought by the offended party. In the following cases, the Court opted to impose only a fine on
the person convicted of the crime of libel:

In Fernando Sazon v. Court of Appeals and People of the Philippines, 1 the Court modified the penalty imposed upon
petitioner, an officer of a homeowners' association, for the crime of libel from imprisonment and fine in the amount of
P200.00, to fine only of P3,000.00, with subsidiary imprisonment in case of insolvency, for the reason that he wrote the
libelous article merely to defend his honor against the malicious messages that earlier circulated around the subdivision,
which he thought was the handiwork of the private complainant.

In Quirico Mari v. Court of Appeals and People of the Philippines,2 where the crime involved is slander by deed, the
Court modified the penalty imposed on the petitioner, an ordinary government employee, from imprisonment to fine of
P1,000.00, with subsidiary imprisonment in case of insolvency, on the ground that the latter committed the offense in
the heat of anger and in reaction to a perceived provocation.

In Roberto Brillante v. Court of Appeals and People of the Philippines, 3 the Court deleted the penalty of imprisonment
imposed upon petitioner, a local politician, but maintained the penalty of fine of P4,000.00, with subsidiary
imprisonment in case of insolvency, in each of the (5) cases of libel, on the ground that the intensely feverish passions
evoked during the election period in 1988 must have agitated petitioner into writing his open letter; and that incomplete
privileged communication should be appreciated in favor of petitioner, especially considering the wide latitude
traditionally given to defamatory utterances against public officials in connection with or relevant to their performance
of official duties or against public figures in relation to matters of public interest involving them.
 In Jose Alemania Buatis, Jr. v. People of the Philippines and Atty. Jose Pieraz,4 the Court opted to impose upon
petitioner, a lawyer, the penalty of fine only for the crime of libel considering that it was his first offense and he was
motivated purely by his belief that he was merely exercising a civic or moral duty to his client when he wrote the
defamatory letter to private complainant.
The foregoing cases indicate an emergent rule of preference for the imposition of fine only rather than imprisonment in
libel cases under the circumstances therein specified.

All courts and judges concerned should henceforth take note of the foregoing rule of preference set by the Supreme
Court on the matter of the imposition of penalties for the crime of libel bearing in mind the following principles:
1. This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel under
Article 355 of the Revised Penal Code;
2. The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or
whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the
social order, or otherwise be contrary to the imperatives of justice;
3. Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application
of the Revised Penal Code provisions on subsidiary imprisonment.