Rule 161/22/16 9:42 PMREPUBLIC ACT NO. 7659AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSESWHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1) thereof, states Excessive fines shall not be imposed nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. . .;WHEREAS, the crimes punishable by death under this Act are heinous for being grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society;WHEREAS, due to the alarming upsurge of such crimes which has resulted not only in the loss of human lives and wanton destruction of property but also affected the nations efforts towards sustainable economic development and prosperity while at the same time has undermined the peoples faith in the Government and the latters ability to maintain peace and order in the country;WHEREAS, the Congress, in the justice, public order and the rule of law, and the need to rationalize and harmonize the penal sanctions for heinous crimes, finds compelling reasons to impose the death penalty for said crimes;Now, therefore,Section 1.Declaration of Policy. It is hereby declared the policy of the State to foster and ensure not only obedience to its authority, but also to adopt such measures as would effectively promote the maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare which are essential for the enjoyment by all the people of the blessings of democracy in a just and humane society;Section 2.Article 114 of the Revised Penal Code, as amended, is hereby amended to read as follows:Art. 114. Treason. Any Filipino citizen who levies war against the Philippines or adheres to her enemies giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos.No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos.Section 3.Section Three, Chapter One, Title One of Book Two of the same Code is hereby amended to read as follows:Section Three. Piracy and mutiny on the high seas or in the Philippine watersArt. 122. Piracy in general and mutiny on the high seas or in Philippine waters. The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment or passengers.The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.Art. 123. Qualified piracy. The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances:1. Whenever they have seized a vessel by boarding or firing upon the same;2. Whenever the pirates have abandoned their victims without means of saving themselves or;3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.Section 4.There shall be incorporated after Article 211 of the same Code a new article to read as follows:Art. 211-A. Qualified Bribery. If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death.Section 5.The penalty of death for parricide under Article 246 of the same Code is hereby restored, so that it shall read as follows:Art. 246. Parricide. Any person who shall kill his father, mother, or child, whether legitimate of illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.Section 6.Article 248 of the same Code is hereby amended to read as follows:Art. 248. Murder. Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.2. In consideration of a price, reward or promise.3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other means involving great waste and ruin.4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.5. With evident premeditation.6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.Section 7.Article 255 of the same Code is hereby amended to read as follows:Art. 255. Infanticide. The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.If any crime penalized in this Article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be reclusion temporal.Section 8.Article 267 of the same Code is hereby amended to read as follows:Art. 267. Kidnapping and serious illegal detention. Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:1. If the kidnapping or detention shall have lasted more than three days.2. If it shall have been committed simulating public authority.3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made.4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female or a public officer.The penalty shall be death penalty where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.Section 9.Article 294 of the same Code is hereby amended to read as follows:Art. 294. Robbery with violence against or intimidation of persons Penalties. Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision I of Article 263 shall have been inflicted.3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263.5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.Section 10.Article 320 of the same Code is hereby amended to read as follows:Art. 320. Destructive Arson. The penalty of reclusion perpetua to death shall be imposed upon any person who shall burn:1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasions.2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to, official governmental function or business, private transaction, commerce, trade, workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion perpetua to death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn:1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the Government.2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.If as a consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death shall be imposed.Section 11.Article 335 of the same Code is hereby amended to read as follows:Art. 335. When and how rape is committed. Rape is committed by having carnal knowledge of a woman under any of the following circumstances:1. By using force or intimidation;2. When the woman is deprived of reason or otherwise unconscious; and3. When the woman is under twelve years of age or is demented.The crime of rape shall be punished by reclusion perpetua.Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim.2. when the victim is under the custody of the police or military authorities.3. when the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity.4. when the victim is a religious or a child below seven (7) years old.5. when the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.6. when committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.7. when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation.Section 12.Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is hereby amended to read as follows:Sec. 2. Definition of the Crime of Plunder; Penalties. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State.Section 13.Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act 1972, are hereby amended to read as follows:Sec. 3. Importation of Prohibited Drugs. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring into the Philippines any prohibited drug.Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs. The penalty of reclusion perpetua to death and a fine from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall sell, administer, deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall act as a broker in any of such transactions.Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a prohibited drug involved in any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed.Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any prohibited drug is used in any form or where such prohibited drugs in quantities specified in Section 20, Paragraph 1 of this Act are found.Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum of the penalty shall be imposed in every case where a prohibited drug is administered, delivered or sold to a minor who is allowed to use the same in such place.Should a prohibited drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum penalty herein provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary.Sec. 7. Manufacture of Prohibited Drug. The penalty of reclusion perpetua to death and fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any prohibited drug.Sec. 8. Possession or Use of Prohibited Drugs. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall possess or use any prohibited drug subject to the provisions of Section 20 hereof.Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who shall plant, cultivate or culture any medium Indian hemp, opium poppy (papaver somniferum), or any other plant which is or may hereafter be classified as dangerous drug or from which any dangerous drug may be manufactured or derived.The land or portions hereof, and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know such cultivation or culture despite the exercise of due diligence on his part.If the land involved in is part of the public domain, the maximum of the penalties herein provided shall be imposed upon the offender.Section 14.Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, are hereby amended to read as follows:Sec. 14. Importation of Regulated Drugs. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring any regulated drug in the Philippines.Sec. 14-A. Manufacture of Regulated Drugs. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any regulated drug.Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and Distribution of Regulated Drugs. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall sell, dispense, deliver, transport or distribute any regulated drug.Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a regulated drug involved in any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed.Section 15.There shall be incorporated after Section 15 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drug Act of 1972, a new section to read as follows:Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any regulated drugs is used in any form, or where such regulated drugs in quantities specified in Section 20, paragraph 1 of this Act are found.Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum penalty herein provided shall be imposed in every case where a regulated drug is administered, delivered or sold to a minor who is allowed to use the same in such place.Should a regulated drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum penalty herein provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary.Section 16.Section 16 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is amended to read as follows:Sec. 16. Possession or Use of Regulated Drugs. The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who shall possess or use any regulated drug without the corresponding license or prescription, subject to the provisions of Section 20 hereof.Section 17.Section 20, Article IV of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby amended to read as follows:Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or Instruments of the Crime. The penalties for offenses under Section 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if the dangerous drugs involved is in any of the following quantities :1. 40 grams or more of opium;2. 40 grams or more of morphine;3. 200 grams or more of shabu or methylamphetamine hydrochloride;4. 40 grams or more of heroin;5. 750 grams or more of indian hemp or marijuana;6. 50 grams or more of marijuana resin or marijuana resin oil;7. 40 grams or more of cocaine or cocaine hydrochloride; or8. In the case of other dangerous drugs, the quantity of which is far beyond therapeutic requirements, as determined and promulgated by the Dangerous Drugs Board, after public consultations/hearings conducted for the purpose.Otherwise, if the quantity involved is less than the foregoing quantities, the penalty shall range from prision correccional to reclusion perpetua depending upon the quantity.Every penalty imposed for the unlawful importation, sale, administration, delivery, transportation or manufacture of dangerous drugs, the cultivation of plants which are sources of dangerous drugs and the possession of any opium pipe and other paraphernalia for dangerous drugs shall carry with it the confiscation and forfeiture, in favor of the Government, of all the proceeds of the crime including but not limited to money and other obtained thereby and the instruments or tools with which it was committed, unless they are the property of a third person not liable for the offense, but those which are not of lawful commerce shall be ordered destroyed without delay. Dangerous drugs and plant sources of such drugs as well as the proceeds or instruments of the crime so confiscated and forfeited in favor of the Government shall be turned over to the Board for proper disposal without delay.Any apprehending or arresting officer who misappropriates or misapplies or fails to account for seized or confiscated dangerous drugs or plant-sources of dangerous drugs or proceeds or instruments of the crime as are herein defined shall after conviction be punished by the penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos.Section 18.There shall be incorporated after Section 20 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, a new section to read as follows:Sec. 20-A. Plea-bargaining Provisions. Any person charged under any provision of this Act where the imposable penalty is reclusion perpetua to death shall not be allowed to avail of the provision on plea bargaining.Section 19.Section 24 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby amended to read as follows :Sec. 24. Penalties for Government Official and Employees and Officers and Members of Police Agencies and the Armed Forces, Planting of Evidence. The maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of Article II and Sections 14, 14-A, 15(1), 16 and 19 of Article III shall be imposed, if those found guilty of any of the said offenses are government officials, employees or officers, including members of police agencies and the armed forces.Any such above government official, employee or officer who is found guilty of planting any dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the person or in the immediate vicinity of another as evidence to implicate the latter, shall suffer the same penalty as therein provided.Section 20.Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-Carnapping Act of 1972, is hereby amended to read as follows:Sec. 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is defined in Section Two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months and not more than seventeen years and four months, when the carnapping is committed without violence or intimidation of persons, or force upon things; and by imprisonment for not less than seventeen years and four months and not more than thirty years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of reclusion perpetua to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the carnapping or on the occasion thereof.Section 21.Article 27 of the Revised Penal Code, as amended, is hereby amended to read as follows:Art. 27. Reclusion perpetua. The penalty of reclusion perpetua shall be from twenty years and one day to forty years.Reclusion temporal. The penalty of reclusion temporal shall be from twelve years and one day to twenty years.Prision mayor and temporary disqualification. The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, it shall be that of the principal penalty.Prision correccional, suspension, and destierro. The duration of the penalties of prision correccional, suspension, and destierro shall be from six months and one day to six years, except when the suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.Arresto mayor. The duration of the penalty of arresto mayor shall be from one month and one day to six months.Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty days.Bond to keep the peace. The bond to keep the peace shall be required to cover such period of time as the court may determine.Section 22.Article 47 of the same Code is hereby amended to read as follows:Art. 47. In what cases the death penalty shall not be imposed; Automatic review of the Death Penalty Cases. The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except when the guilty person is below eighteen (18) years of age at the time of the commission of the crime or is more than seventy years of age or when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty shall be reclusion perpetua.In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic review and judgment by the Court en banc, within twenty (20) days but not earlier than fifteen (15) days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days from the filing thereof by the stenographic reporter.Section 23.Article 62 of the same Code, as amended, is hereby amended to read as follows :Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency. Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules:1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.1(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances.The maximum penalty shall be imposed if the offense was committed by any group who belongs to an organized/syndicated crime group.An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime.2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must of necessity accompany the commission thereof.3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein.5. Habitual delinquency shall have the following effects :(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.For purposes of this article, a person shall be deemed to be a habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.Section 24.Article 81 of the same Code, as amended, is hereby amended to read as follows :Art. 81. When and how the death penalty is to be executed. The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the proceedings prior to the execution.If the person under sentence so desires, he shall be anaesthetized at the moment of the execution.As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.The death sentence shall be carried out not later than one (1) year after the judgment has become final.Section 25.Article 83 of the same Code is hereby amended to read as follows:Art. 83. Suspension of the execution of the death sentence. The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power.Section. 26.All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.Section 27.If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.Section 28.This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation. The publication shall not be later than seven (7) days after the approval hereof.

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REPUBLIC ACT NO.9346]AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINESBe it enacted by the Senate and House of Representatives of Philippines in Congress assembled:SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed, Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly.SEC. 2. In lieu of the death penalty, the following shall be imposed:(a) the penalty ofreclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.SEC. 3. Persons convicted of offenses punished withreclusion perpetua, or whose sentences will be reduced toreclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.SEC. 4. The Board of Pardons and Parole shall cause the publication at least once a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished withreclusion perpetuaor life imprisonment by reason of this Act who are being considered or recommended for commutation or pardon:Provided, however; That nothing herein shall limit the power of the President to grant executive clemency under Section 19, Article VII of the Constitution.SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of general circulation.

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COMMONWEALTH ACT NO. 616AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL SECURITYSECTION 1. Unlawfully obtaining or permitting to be obtained information affecting national defense. (a) Whoever, for the purposes of obtaining information respecting the national defense with intent or reason to believe that the information to be obtained is to be used to the injury of the Philippines or of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, or other place connected with the national defense, owned or constructed, or in progress of construction by the Philippines or by the United States or under the control of the Philippines or of the United States, or any of its officers or agents, or within the exclusive jurisdiction of the Philippines or of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for the use in time of war are being made, prepared, repaired, or stored, under any contract or agreement with the Philippines or the United States, or with any person on behalf of the Philippines or the United States, or otherwise on behalf of the Philippines or the United States, or any prohibited place within the meaning of section six hereof; or(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts, or induces or aids another to copy, take, make, or obtain, any sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts or induces or aids another to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts or induces or aids another to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this Act; or(d) Whoever, lawfully or unlawfully having possession of, access to, control over, or being intrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note relating to the national defense, wilfully communicates or transmits or attempts to communicate or transmit the same to any person not entitled to receive it, or wilfully retains the same and fails to deliver it on demand to the officer or employee of the Philippines or of the United States entitled to receive it; or(e) Whoever, being intrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note or information, relating to the national defense, through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of this trust or to be lost, stolen, abstracted, or destroyed, shall be punished by imprisonment for not more than ten years and may, in addition thereto, be fined not more than ten thousand pesos.SECTION 2. Unlawful disclosing information affecting national defense. (a) Whoever, with the intent or reason to believe that it is to be used to the injury of the Philippines or of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to, or aids or induces another to, communicate, deliver, or transmit to any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the Philippines or by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or information relating to the national defense, shall be punished by imprisonment for not more than twenty years, if the offense is committed in time of peace, or by death or imprisonment for not more than thirty years, if it is in time of war.(b) Whoever, in time of war with intent that the same shall be communicated to the enemy, shall collect, record, publish, or communicate, or attempt to elicit any information with respect to the movement, number, description, condition, or disposition of any of the armed forces, ships, aircraft, or war materials of the Philippines or of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any military, naval, or air operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the public defense which might be useful to the enemy, shall be punished by death or by imprisonment for not more than thirty years.SECTION 3. Disloyal acts or works in time of peace. It shall be unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military, naval, or air forces of the Philippines or of the United States: (a) to advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military, naval, or air forces of the Philippines or of the United States; or (b) to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military, naval, or air forces of the Philippines or of the United States. The violation of this section shall be punished by imprisonment for not more than ten years, or by fine not more than ten thousand pesos, or both.SECTION 4. Disloyal acts or words in time of war. Whoever, when the Philippines or the United States is at war, shall wilfully make or convey false reports or false statements with the intent to interfere with the operation or success of the military, naval, or air forces of the Philippines or of the United States or to promote the success of its enemies shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military, naval, or air forces of the Philippines or the United States, or shall wilfully obstruct the recruiting or enlistment service of the Philippines or of the United States, to the injury of the service of the Philippines or of the United States, shall be punished by imprisonment for not more than twenty years, or by a fine of not more than twenty thousand pesos, or both.SECTION 5. Conspiracy to violate preceding sections. If two or more persons conspire to violate the provisions of sections one, two, three, or four of this Act, and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in said sections provided in the case of the doing of the act the accomplishment of which is the object of such conspiracy.SECTION 6. Harboring or concealing violators of the law. Whoever harbors or conceals any person who he knows, or has reasonable ground to believe or suspect, has committed, or is about to commit, an offense under this Act, shall be punished by imprisonment of not more than ten years and may, in addition thereto, be fined not more than ten thousand pesos.SECTION 7. Designation of prohibited places by proclamation. The President of the Philippines in time of war or in case of national emergency may by proclamation designate any place other than those set forth in subsection (a) of section one hereof in which anything for the use of the army, navy, or air forces are being prepared or constructed or stored as a prohibited place for the purpose of this Act: Provided, That he shall determine that information with respect thereto would be prejudicial to the national defense.SECTION 8. Photographing, etc., defensive installations regulated; penalties. Whenever, in the interests of national defense, the President of the Philippines shall define certain vital military, naval, or air installations or equipment as requiring protection against the general dissemination of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital military, naval, and air installations or equipment without first obtaining permission of the commanding officer of the military, naval, or air post, camp, or station concerned, or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority for censorship or such other action as he may deem necessary. Any person found guilty of a violation of this section shall be punished by imprisonment for not more than one year, or by a fine of not more than two thousand pesos, or both.SECTION 9. Photographing, etc., from aircraft. Any person who uses or permits or procures the use of an aircraft for the purpose of making a photograph, sketch, picture, drawing, map, or graphical representation of vital military, naval or air installations or equipment, in violation of section eight of this Act, shall be liable to the penalty therein provided.SECTION 10. Reproducing, publishing, selling, etc., uncensored copies. After the President of the Philippines shall have defined any vital military, naval, or air installation or equipment as being within the category contemplated under section eight of this Act, it shall be unlawful for any person to reproduce, publish, sell, or give away any photograph, sketch, picture, drawing, map or graphical representation of the vital military, naval, or air installations or equipment so defined, without first obtaining permission of the commanding officer of the military, naval, or air post, camp, or station concerned, or higher authority, unless such photograph, sketch, picture, drawing, map, or graphical representation has clearly indicated thereon that it has been censored by the proper military, naval, or air authority. Any person found guilty of a violation of this section shall be punished as provided in section eight of this Act.SECTION 11. Destroying or injuring or attempting to injure or destroy war material in time of war. When the Philippines or the United States is at war, whoever, with intent to injure, interfere with, or obstruct the Philippines or the United States or any associate nation in preparing for or carrying on the war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the Philippines or the United States or any associate nation in preparing for or carrying on the war, shall wilfully injure or destroy, or shall attempt to so injure or destroy, any war material, war premises, or war utilities, as herein defined, shall be imprisoned not more than thirty years or be fined not more than thirty thousand pesos, or both.SECTION 12. Making or causing war material to be made in defective manner. When the Philippines or the United States is at war, whoever, with intent to injure, interfere with, or obstruct the Philippines or the United States or any associate nation in preparing for or carrying on the war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the Philippines or the United States or any associate nation in preparing for or carrying on the war, shall wilfully make or cause to be made in a defective manner, or attempt to make or cause to be made in a defective manner, any war material, as herein defined, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such war material, as herein defined, shall be imprisoned not more than thirty years or be fined not more than thirty thousand pesos, or both.SECTION 13. Injuring or destroying national defense material, premises, or utilities. Whoever, with intent to injure, interfere with, or obstruct the national defense of the Philippines or the United States shall wilfully injure or destroy, or shall attempt to so injure or destroy, any national defense material, national defense premises, or national defense utilities, as herein provided, shall be imprisoned not more than ten years or be fined not more than ten thousand pesos, or both.SECTION 14. Making or causing to be made in a defective manner, or attempting to make or cause to be made in a defective manner, national defense material. Whoever, with intent to injure, interfere with, or obstruct the national defense of the Philippines or of the United States, shall wilfully make or cause to be made in a defective manner, or attempt to make or cause to be made in a defective manner, any national defense material, as herein defined, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such national defense material, as herein defined, shall be imprisoned not more than ten years, or fined not more than ten thousand pesos, or both.SECTION 15. Definition of terms. The term aircraft as used in this Act means any contrivance known or hereafter invented, used, or designed for navigation or flight in the air. The expression post, camp, or station as used in this Act shall be interpreted to include naval vessels, military and naval aircraft, and any separate military, naval or air command.The words war or national defense material as used herein shall include arms, armament, ammunition, livestock, stores of clothing, food, foodstuffs, or fuel; and shall also include supplies, munitions, and all other articles of whatever description, and any part or ingredient thereof, intended for, adapted to, or suitable for the use of the Philippines or the United States, or any associate nation, in connection with the conduct of war or national defense.The words war or national defense premises, as used herein, shall include all buildings, grounds, mines, or other places wherein such war or national defense material is being produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all ports, arsenals, navy yards, prisons, camps, or other military, naval, or air stations of the Philippines or the United States or any associate nation.The words war or national defense utilities, as used herein, shall include all railroads, railways, electric lines, roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, or aircraft, or any other means of transportation whatsoever, whereon or whereby such war or national defense material or any troops of the Philippines or of the United States, or of any associate nation, are being or may be transported either within the limits of the Philippines or the United States or upon the high seas; and all dams, reservoirs, aqueducts, water and gas mains, oil or gasoline stations, pipes, structures, and buildings, whereby or in connection with which water, or gas, or oil, or gasoline, or other fluid is being furnished, or may be furnished, to any war or national defense premises or to the military, naval, or air forces of the Philippines or the United States, or any associate nation, and all electric light and power, steam or pneumatic power, telephone, and telegraph plants, poles, wires, and fixtures and wireless stations, and the buildings connected with the maintenance and operation thereof used to supply water, light, heat, gas, oil, gasoline, fluid, power, or facilities of communication to any war or national defense premises or to the military, naval, or air forces of the Philippines or of the United States, or any associate nation.The words associate nation, as used in this chapter, shall be deemed to mean any nation at war with any nation with which the Philippines or the United States is at war.The words foreign government, as used in this Act, shall be deemed to include any government, faction, or body of insurgents within a country with which the Philippines or United States is at peace, which government, faction, or body of insurgents may or may not have been recognized by the Philippines or the United States as a government.SECTION 16. This Act shall take effect upon its approval.Commonwealth Act 6161/22/16 9:42 PM

PRESIDENTIAL DECREE No. 532 August 8, 1974ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing acts of depredations upon the persons and properties of innocent and defenseless inhabitants who travel from one place to another, thereby distributing the peace, order and tranquility of the nation and stunting the economic and social progress of the people;WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which are among the highest forms of lawlessness condemned by the penal statutes of all countries; and,WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts of depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all obstacles to the economic, social, educational and community progress of the people;NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and pursuant to proclamation No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order and decree as part of the law of the land the following:Section 1.Title.This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974.Section 2.Definition of Terms.The following terms shall mean and be understood, as follows:a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing.c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both.d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided.e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway.Section 3.Penalties.Any person who commits piracy or highway robbery/brigandage as herein defined, shall, upon conviction by competents court be punished by:a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed.b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be imposed. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed.Section 4.Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage.Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace officers of the government, or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code.It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven.Section 5.Repealing Clause.Pertinent portions of Act No. 3815, otherwise known as the Revised Penal Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent with this Decree are hereby repealed or modified accordingly.Section 6.Effectivity.This Decree shall take effect upon approval.PD 5321/22/16 9:42 PM

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES.Section 1.It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation.It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory.Section 2.Any person violating any provision of the foregoing section shall be punished by an imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos but not more than forty thousand pesos.The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of the following circumstances:1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.Section 3.It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or poisonous substance or material.Section 4.The shipping, loading or carrying of any substance or material mentioned in the preceding section in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations issued by the Civil Aeronautics Administration.Section 5.As used in this Act(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which by chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges and other explosive materials, except bullets for firearm.(2) "Flammable" is any substance or material that is highly combustible and self-igniting by chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds, ammonium chlorate and other ammonium mixtures and other similar substances or materials.(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium dinitro-orthocresolate and other similar materials and substances.(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or gaseous, which through chemical reactions kills, injuries or impairs a living organism or person, and shall include but not limited to allyl isothiocyanate, ammunition (chemical, non-explosive but containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials.Section 6.Any violation of Section three hereof shall be punishable by an imprisonment of at least five years but not more than ten years or by a fine of not less than ten thousand pesos but not more than twenty thousand pesos:Provided, That if the violation is committed by a juridical person, the penalty shall be imposed upon the manager, representative, director, agent or employee who violated, or caused, directed, cooperated or participated in the violation thereof:Provided,further, That in case the violation is committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty shall be imposed upon its resident agent, manager, representative or director responsible for such violation and in addition thereto, the license of said corporation to do business in the Philippines shall be revoked.Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty provided in the next preceding paragraph.Section 7.For any death or injury to persons or damage to property resulting from a violation of Sections three and four hereof, the person responsible therefor may be held liable in accordance with the applicable provisions of the Revised Penal Code.Section 8.Aircraft companies which operate as public utilities or operators of aircraft which are for hire are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or his authorized representatives if present; in order to help the authorities in the enforcement of the provisions of this Act:Provided, That if the owner, shipper or his representative refuses to have the same opened and inspected, the airline or air carrier is authorized to refuse the loading thereof.Section 9.Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air carrier.Section 10.The Civil Aeronautics Administration is hereby directed to promulgate within one month after the approval of this Act such regulations as are provided in Section four hereof and cause the publication of such rules and regulations in the Official Gazette and in a newspaper of national circulation for at least once a week for three consecutive weeks. Such regulations shall take effect fifteen days after publication in the Official Gazette.Section 11.This Act shall take effect after the publication mentioned in the preceding section.RA 62351/22/16 9:42 PM

EXECUTIVE ORDER NO. 272AUTHORIZING THE CREATION OF THE SOCIAL HOUSING FINANCE CORPORATION AND DIRECTING THE TRANSFER OF THE COMMUNITY MORTGAGE PROGRAM,ABOT-KAYA PABAHAYFUND PROGRAM, AND OTHER SOCIAL HOUSING POWERS AND FUNCTIONS OF THE NATIONAL HOME MORTGAGE FINANCE CORPORATION TO THE SOCIAL HOUSING FINANCE CORPORATIONWHEREAS,the Constitution mandates the State to undertake a continuing program of urban land reform and housing which will make available, at affordable cost, decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas;WHEREAS,the National Home Mortgage Finance Corporation [NHMFC] was created under Presidential Decree No. 1267 with the primary purpose of developing and providing a secondary market for home mortgages granted by public and/or private home financing institutions;WHEREAS,Republic Act No. 6846 [RA 6846], otherwise known as the Social Housing Support Fund Act of 1990, as amended by Republic Act No. 7835 [RA 7835], otherwise known as the Comprehensive and Integrated Shelter Financing Act of 1994, created theAbot-Kaya PabahayFund [AKPF] to enhance the affordability of low-cost housing by low-income families, provide developmental financing for low-cost housing projects, and eliminate the risks for the government funding agencies involved in housing, and designated the NHMFC to act as the trustee of the AKPF and exercise administration and control over the AKPF amortization support program and AKPF developmental financing program;WHEREAS,Republic Act No. 7279 [RA 7279], otherwise known as the Urban Development and Housing Act of 1992, adopted the Community Mortgage Program [CMP] as a component of the National Shelter Program to assist legally-organized associations of underprivileged and homeless citizens to purchase and develop a tract of land and to own lots they occupy or where they choose to relocate to, under the concept of community ownership, and designated the NHMFC as the administrator of the CMP;WHEREAS,the Housing and Urban Development Coordinating Council [HUDCC] Secretariat, through the HUDCC Chairman, has recommended the creation of the Social Housing Finance Corporation [SHFC] as a wholly-owned subsidiary of the NHMFC, to perform the latters powers and functions relating to the administration, management and development of the CMP and the AKPF Program (amortization support program and developmental financing program), as well as other social housing functions of the NHMFC, in order to allow the NHMFC to devote full attention to its mandate to develop and provide a secondary market for home mortgages granted by public and/or private home financing institutions;NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO,President of the Philippines, by virtue of the powers vested in me by law, do hereby order:SECTION 1.Authority to Establish the Social Housing Finance Corporation. The National Home Mortgage Finance Corporation [NHMFC] is hereby authorized to organize and establish a body corporate to be known as the Social Housing Finance Corporation [SHFC], as a wholly-owned subsidiary, to be formed in accordance with the Corporation Code and pertinent rules and regulations issued by the Securities and Exchange Commission [SEC]. Upon its incorporation, the SHFC shall be under the administrative supervision of the HUDCC.SECTION 2.Mandate. The SHFC shall be the lead government agency to undertake social housing programs that will cater to the formal and informal sectors in the low-income bracket and shall take charge of developing and administering social housing program schemes, particularly the CMP and the AKPF Program (amortization support program and developmental financing program).SECTION 3.Capitalization, Powers and Functions of the SHFC. The NHMFC, as the incorporator and holding company of the SHFC, shall determine the capitalization, powers and functions of the SHFC.SECTION 4.Board of Directors of the SHFC. The Board of Directors of the SHFC shall be composed of the following:a. HUDCC Chairman asex-officioChairman;b. SHFC President asex-officioVice Chairman;c. Secretary of the Department of Finance or his designated representative;d. Secretary of the Department of the Interior and Local Government, or his designated representative;e. Secretary of the Department of Budget and Management, or his designated representative;f. Representative from theBangko Sentral ng Pilipinas[BSP] designated by the BSP Governor;g. Representative from the NHMFC designated by the Board of Directors of NHMFC; andh. Four (4) representatives from the private sector, who shall be nominated by the President of the Republic of the Philippines.SECTION 5.President of the SHFC. The President of the SHFC shall be nominated by the President of the Republic of the Philippines.SECTION 6.Transfer. Upon the incorporation of the SHFC, the following funds and programs directed towards social housing shall be transferred from the NHMFC to the SHFC:(a) The CMP, including all funds appropriated for the CMP;(b) The AKPF Program (amortization support program and the developmental financing program); and(c) Such other funds, programs and functions related to social housing as may be determined by the NHMFC Board.Upon such transfer, all powers, functions, rights and duties previously exercised by the NHMFC relating to the administration, management and development of the CMP and the AKPF Program (amortization support program and the developmental financing program), whether as administrator or as trustee, as well as the other social housing functions of the NHMFC to be determined by the NHMFC Board, shall be transferred to and exercised by the SHFC.SECTION 7.Transfer Committee. A Transfer Committee composed of the HUDCC Chairman, the NHMFC President, a representative from the DBM, and two (2) representatives from the HUDCC, shall prepare the necessary plans and measures to effect the transfer of all assets, liabilities and records of the CMP and the AKPF Program (amortization support program and the developmental financing program) to the SHFC within thirty (30) days from the issuance of this Executive Order.The NHMFC, SHFC and the Transfer Committee are hereby directed to take all the necessary steps towards effecting the efficient transfer of the CMP and the AKPF Program (amortization support program and the developmental financing program) from the NHMFC to the SHFC and shall jointly submit a report to the President on all actions taken to implement the provisions of this Executive Order within thirty (30) days after the SHFC shall have been organized and established.SECTION 8.Personnel. The SHFC position structure and staffing pattern shall be subject to the approval of the DBM. To ensure the continued implementation of the CMP and the AKPF Program (amortization support program and the developmental financing program) during the period of transfer and transition, the NHMFC personnel who are performing the functions transferred to the SHFC shall continue to perform such duties; provided, that those personnel whose positions or job descriptions are not included in the SHFC position structure and staffing pattern may, at their option, remain with the NHMFC, retire, or be separated from the service, and shall be entitled to the benefits provided by law at the time of retirement or separation.SECTION 9.Existing Policies and Rules. Existing policies, guidelines, rules and regulations with respect to the functions of the NHMFC which have been transferred to the SHFC shall continue in effect until amended or modified accordingly.SECTION 10.Repealing Clause. All executive issuances, guidelines, rules and regulations, or parts thereof which are contrary or inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.SECTION 11.Effectivity. This Executive Order shall take effect immediately.EO 2721/22/16 9:42 PM

Republic Act No. 7438 April 27, 1992AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOFBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::Section 1.Statement of Policy. It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights.Section 2.Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.lawphi1(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fianc or fiance, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.Section 3.Assisting Counsel. Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes.The assisting counsel other than the government lawyers shall be entitled to the following fees;(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;lawphi1alf(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies;(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees.In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.Section 4.Penalty Clause. (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.Section 5.Repealing Clause. Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly.Section 6.Effectivity. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines.RA 74381/22/16 9:42 PM

RULE 126Search and SeizureSection 1. Search warrant defined. A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (1)Section 2. Court where application for search warrant shall be filed. An application for search warrant shall be filed with the following:a) Any court within whose territorial jurisdiction a crime was committed.b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced.However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (n)Section 3. Personal property to be seized. A search warrant may be issued for the search and seizure of personal property:(a) Subject of the offense;(b) Stolen or embezzled and other proceeds, or fruits of the offense; or(c) Used or intended to be used as the means of committing an offense. (2a)Section 4. Requisites for issuing search warrant. A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (3a)Section 5. Examination of complainant;record. The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. (4a)Section 6. Issuance and form of search warrant. If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. (5a)Section 7. Right to break door or window to effect search. The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6)Section 8. Search of house,room,or premise to be made in presence of two witnesses. No search of a house, room, or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. (7a)Section 9. Time of making search. The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. (8)Section 10. Validity of search warrant. A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9a)Section 11. Receipt for the property seized. The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (10a)Section 12. Delivery of property and inventory thereof to court;return and proceedings thereon. (a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath.(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complained with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with.(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the judge.A violation of this section shall constitute contempt of court.(11a)Section 13. Search incident to lawful arrest. A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. (12a)Section 14. Motion to quash a search warrant or to suppress evidence;where to file. A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequent filed in another court, the motion shall be resolved by the latter court. (n)