-->

President Duterte signs RA 11524

 

ra 11524

President Duterte signs RA 11524


President Rodrigo Duterte signs RA 11524 or the Coconut Farmers and Industry Trust Fund Act on February 26, 2021.


The law aims to provide funds for the Philippine Coconut Authority Board to consolidate benefits due to coconut farmers and expedite its delivery to attain increased incomes for coconut farmers, alleviate poverty, and achieve social equality.


Under this law, the Philippine Coconut Authority will develop a Coconut Farmers and Industry Development Plan which will set the directions and policies for the development and rehabilitation of the coconut industry for fifty (50) years. (@pcoogov)


You may want to read:

1. Leading Insurance Company in the Philippines

COVID-19 Vaccination Program Act of 2021

 

covid-19 vaccination program act of 2021

COVID-19 Vaccination Program Act of 2021


President Rodrigo Roa Duterte signed into law the COVID-19 Vaccination Program Act of 2021.


Secretary Harry Roque (Presidential Spokesperson) said:


We are confident that the signing of this landmark piece of legislation would expedite the procurement and administration of vaccines for the protection against COVID-19. 


It covers the creation of an indemnity fund to cover compensation for those who would experience serious adverse effects to the vaccine.


Source: @PIADesk via @attyharryroque


1. Indemnification; What is included?


Besfren Gang

 

besfren gang

Bestfren Gang Tactics Description (Modus Operandi)


This Modus Operandi is usually committed in bargain malls and open-air markets.


1. Targets shoppers who check out items sold in stalls, such as watches, jewelry, mobile phones, and other electronic devices.


2. A member stands next to the victim and borrows the item being checked, pretending to be the victim's friend. The thief will quickly flee the stall premises bringing the said item with him/her.


3. The store owner or attendant naturally assumes that the victim is an accomplice and will ask him/her to pay for the item.


Source: Bayambang Municipal Police Station


Bayambang PNP contact Number:


(075) 632-3306

0999-529-9516

RA 7610

 RA 7610


Bar Exam Question (2004)


CHILD ABUSE; RA 7610 (2004)


Mrs. MNA was charged of child abuse. It appears from the evidence that she failed to give immediately the required medical attention to her adopted child, BPO, when he was accidentally bumped by her car, resulting in his head injuries and impaired vision that could lead to night blindness. The accused, according to the social worker on the case, used to whip him when he failed to come home on time from school. Also, to punish him for carelessness in washing dishes, she sometimes sent him to bed without supper. She moved to quash the charge on the ground that there is no evidence she maltreated her adopted child habitually. She added that the accident was caused by her driver's negligence. She did punish her ward for naughtiness or

carelessness, but only mildly. Is her motion meritorious? Reason briefly. 


Suggested Answer:


No, the motion to quash is not meritorious. It is not necessary that movant's maltreatment of a child be "habitual" to constitute child abuse. The wrongful acts penalized as "Child Abuse" under Rep. Act No. 7610 refers to the maltreatment of the child, "whether habitual or not": this is expressly stated in Sec. 2(b) of the said Law. Mrs. MNA should be liable for child abuse.


Bar Exam Question (2006)


Child Abuse; RA 7610 (2006)


Eduardo Quintos, a widower for the past 10 years, felt that his retirement at the age of 70 gave him the opportunity to engage in his favorite pastime — voyeurism. If not using his high-powered binoculars to peep at his neighbor's homes and domestic activities, his second choice was to follow sweet young girls. One day, he trailed a teenage girl up to the LRT station at EDSA-Buendia. While ascending the stairs, he stayed one step behind her and in a moment of bravado, placed his hand on her left hip and gently massaged it. She screamed and shouted for help. Eduardo was arrested and charged with acts of lasciviousness. Is the designation of the crime correct? 


Suggested Answer:


The crime should be Other Acts of Child Abuse under Section 10 of RA. 7610, par. b of Section 3 that refers to child abuse committed by any act, deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being. In relation thereto, Section 10 provides criminal liability for other acts of child abuse, cruelty or exploitation, or for other conditions prejudicial to the child's development. The reaction of the victim, screaming for help upon the occurrence of the touching indicates that she perceived her dignity was being debased or violated.



Republic Act No. 7610             June 17, 1992


AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES


Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:


ARTICLE I

Title, Policy, Principles and Definitions of Terms


Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."


Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.1awphi1@alf


It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.


The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.


Section 3. Definition of Terms. –


(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;


(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:


(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;


(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;


(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or


(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.


(c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not limited to, the following;


(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;


(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development;


(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life;


(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life;


(5) Being a victim of a man-made or natural disaster or calamity; or


(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children.


(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of services and facilities to protected children against:


(1) Child Prostitution and other sexual abuse;


(2) Child trafficking;


(3) Obscene publications and indecent shows;


(4) Other acts of abuses; and


(5) Circumstances which threaten or endanger the survival and normal development of children.1awphi1Ÿ


ARTICLE II

Program on Child Abuse, Exploitation and Discrimination


Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development.


ARTICLE III

Child Prostitution and Other Sexual Abuse


Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.


The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:


(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:


(1) Acting as a procurer of a child prostitute;


(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;


(3) Taking advantage of influence or relationship to procure a child as prostitute;


(4) Threatening or using violence towards a child to engage him as a prostitute; or


(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.


(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and


(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.


Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.


There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.


ARTICLE IV

Child Trafficking


Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.


Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act:1awphi1@alf


(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian;


(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or


(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or


(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.


A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.


ARTICLE V

Obscene Publications and Indecent Shows


Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.


If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.


Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.


ARTICLE VI

Other Acts of Abuse


Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –


(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.


(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.


(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.


(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.


(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;


(1) Beg or use begging as a means of living;


(2) Act as conduit or middlemen in drug trafficking or pushing; or


(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.


For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.


The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development.


ARTICLE VII

Sanctions for Establishments or Enterprises


Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.


An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.


ARTICLE VIII

Working Children


Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:


(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or


(2) When a child's employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:


(a) The employer shall ensure the protection, health, safety and morals of the child;


(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and;


(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child.


In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.


The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.


Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.


Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.


Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603.


Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be revoked.


ARTICLE IX

Children of Indigenous Cultural Communities


Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of their respective communities.


Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.


Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized.


Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination.


Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).


Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representatives shall be involved in planning, decision-making implementation, and evaluation of all government programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and respected.


ARTICLE X

Children in Situations of Armed Conflict


Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed.


(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;


(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;


(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered;


(d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work;


(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots; and


(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.


Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being.


Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games.


Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;


(a) Separate detention from adults except where families are accommodated as family units;


(b) Immediate free legal assistance;


(c) Immediate notice of such arrest to the parents or guardians of the child; and


(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.


If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed.


The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe.


The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases.


Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict.


ARTICLE XI

Remedial Procedures


Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following:


(a) Offended party;


(b) Parents or guardians;


(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC


(d) Officer, social worker or representative of a licensed child-caring institution;


(e) Officer or social worker of the Department of Social Welfare and Development;


(f) Barangay chairman; or


(g) At least three (3) concerned responsible citizens where the violation occurred.


Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.


Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.


It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf


Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.


Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of this Act.


ARTICLE XII

Common Penal Provisions


Section 31. Common Penal Provisions. –


(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act;


(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;


(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked;


(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from entry to the country;


(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and


(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.


ARTICLE XIII

Final Provisions


Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the effective implementation of this Act.


Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.


Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.


Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.


Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly.


Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.


Approved: June 17, 1992.

What is hazing as defined by law?

What is hazing as defined by law?


Bar Exam Question (2002)


Anti-Hazing law – RA 8049 (2002)


What is hazing as defined by law? 


Suggested Answer:


Hazing, as defined by law, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.


What does the law require before initiation rites may be performed? 


Suggested Answer:


Section 2 of Rep. Act No. 8049 (Anti-Hazing Law) requires that before hazing or initiation rites may be performed, notice to the school authorities or head of organizations shall be given seven (7) days before the conduct of such rites. The written notice shall indicate 

(a) the period of the initiation activities, not exceeding three (3) days; 

(b) the names of those to be subjected to such activities, and 

(c) an undertaking that no physical violence shall be employed by anybody during such initiation rites.

Simulated Birth Rectification Act

 

simulated birth rectification act

Republic Act No. 11222 or the "Simulated Birth Rectification Act"


An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose


Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:


ARTICLE I

GENERAL PROVISIONS


Section 1. Short Title. - This Act shall be known as the "Simulated Birth Rectification Act".


Section 2. Objectives. - This Act shall have the following objectives:


(a) To grant amnesty and allow the rectification of the simulated birth of a child where the simulation was made for the best interest of the child, and that such child has been consistently considered and treated by the person or persons who simulated such birth as her, his, or their own daughter or son;


(b) To fix the status and filiation of a child whose birth was simulated by giving such child all the benefits of adoption and ensuring that the child shall be entitled to all the rights provided by law to legally adopted children, without any discrimination of any kind, as well as to love, guidance, and support from the child’s adoptive family;


(c) To exempt from criminal, civil, and administrative liability those who simulated the birth record of a child prior to the effectivity of this Act: Provided, That a petition for adoption with an application for the rectification of the simulated birth record is filed within ten (10) years from the effectivity of this Act;


(d) To provide for and allow a simpler and less costly administrative adoption proceeding where the child has been living with the person or persons who simulated her or his birth record for at least three (3) years before the effectivity of this Act; and(e) To educate and inform the public about the rectification of simulated births, and to encourage people to avail of the benefits of this Act.


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


(a) Certification Declaring a Child Legally Available for Adoption (CDCLAA) refers to a document issued by the Secretary of the Department of Social Welfare and Development (DSWD) or the Secretary’s duly authorized representative as provided for by Republic Act No. 9523, otherwise known as "An Act Requiring Certification of the Department of Social Welfare and Development (DSWD) to Declare a ‘Child Legally Available for Adoption’ as a Prerequisite for Adoption Proceedings, Amending for this Purpose Certain Provisions of Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998; Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995; and Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, and for Other Purposes", administratively declaring that a child is legally available for adoption which terminates the rights of the biological parents, guardian, or other custodian to exercise authority over the child upon issuance of the certificate;


(b) Child refers to a person below eighteen (18) years of age, or a person eighteen (18) years of age or over who is unable to fully take care of herself or himself or protect herself or himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, whose birth was simulated;


(c) Foundling refers to a child who is abandoned and whose parentage is unknown;


(d) Regional Director refers to the head of a field office of the DSWD;


(e) Secretary refers to the Secretary of the DSWD;


(f) Simulation of birth record refers to the tampering of the civil registry to make it appear in the record of birth that a child was born to a person who is not such child’s biological mother, causing the loss of the true identity and status of such child; and


(g) Social Welfare and Development Officer refers to the head of a city or municipal social welfare and development office, which serves as the frontline of a city or municipal government in the delivery of social welfare and development programs and services.


ARTICLE II

RECTIFICATION OF SIMULATED BIRTHS


Section 4. Rectification of Simulated Birth Record. - Notwithstanding any provision of law to the contrary, a person or persons who, prior to the effectivity of this Act, simulated the birth of a child, and those who cooperated in the execution of such simulation, shall not be criminally, civilly, or administratively liable for such act: Provided, That the simulation of birth was made for the best interest of the child and that the child has been consistently considered and treated by such person or persons as her, his, or their own daughter or son: Provided, further, That such person or persons has or have filed a petition for adoption with an application for the rectification of the simulated birth record within ten (10) years from the effectivity of this Act: Provided, finally, That all the benefits of this Act shall also apply to adult adoptees.


Section 5. Administrative Adoption and Rectification. - A person or persons who simulated the birth of a child under the conditions provided under Section 4 of this Act may avail of administrative proceedings for the adoption and rectification of the simulated birth record of such child: Provided, That the child has been living with the person for at least three (3) years before the effectivity of this Act: Provided, further, That a certificate declaring the child legally available for adoption (CDCLAA) is issued by the DSWD in favor of such child.


Section 6. Inadmissible Evidence. - All petitions, documents, records, and papers relating to adoption and rectification of simulated births under this Act cannot be used as evidence against those who simulated the birth of a child or who cooperated in the execution of such simulation in any criminal, civil, or administrative proceeding.


ARTICLE III

ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE ADOPTION


Section 7. Personal Qualifications. - Adopters must:


(a) Be Filipino citizens;


(b) Be of legal age;


(c) Possess full civil capacity and legal rights;


(d) Be of good moral character;


(e) Have not been convicted of any crime involving moral turpitude;


(f) Be emotionally and psychologically capable of caring for children; and


(g) Be in a position to support and care for the child in keeping with the means of the family.


In case of adoption by a married couple, where one of the adopters is a foreign national married to a Filipino, the foreign national must have been residing in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and application for rectification of simulated birth record.


Section 8. Required Consent. - After being properly counseled and informed of the right to give or withhold approval of the adoption, the written consent of the following shall be required:


(a) The adoptee, if ten (10) years of age or over;


(b) The legitimate and adopted daughters and sons, ten (10) years of age or over, of the adopter and adoptee, if any;


(c) The illegitimate daughters and sons, ten (10) years of age or over, of the adopter if living with said adopter and the latter’s spouse, if any; and


(d) The spouse, if any, of the adoptee.1âwphi1


ARTICLE IV

ADMINISTRATIVE ADOPTION PROCEDURE


Section 9. Petition. - The petition for adoption with an application for rectification of simulated birth record shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioner or petitioners before any person authorized by law to administer affirmations and oaths. It shall state the facts necessary to establish the merits of the petition, and the circumstances surrounding the simulation of the birth of the child. The petition shall be supported by the following:


(a) A copy of simulated birth or foundling certificate of the child;


(b) Affidavit of admission if the simulation of birth was done by a third person;


(c) Certification issued and signed by the punong barangay attesting that the petitioner or petitioners is a resident or are residents of the barangay, and that the child has been living with the petitioner or petitioners for at least three (3) years prior to the effectivity of this Act;


(d) Affidavits of at least two (2) disinterested persons, who reside in the same barangay where the child resides, attesting that the child has been living with the petitioner for at least three (3) years prior to the effectivity of this Act;


(e) CDCLAA issued by the DSWD; and


(f) Photographs of the child and the petitioner or petitioners taken within the last three (3) months prior to the filing of the petition.


A CDCLAA shall no longer be required if the adoptee is already an adult or a relative of the adopter within the fourth degree of consanguinity or affinity.


Section 10. Adoption Process. - The petition shall be filed with the Office of the Social Welfare and Development Officer (SWDO) of the city or municipality where the child resides. The SWDO shall have seven (7) days to examine the petition and its supporting documents and determine whether the same is sufficient in form and substance. If the SWDO finds that the petition is insufficient in form or substance, the SWDO shall return the same to the petitioner with a written explanation of its insufficiency. If the SWDO finds the petition sufficient in form and substance, the SWDO shall forward the petition and the supporting documents within three (3) days to the Regional Director.


The Regional Director shall review the petition, establish the identity of the child, and prepare the recommendation on the petition not later than thirty (30) days from receipt thereof. The Regional Director may require the petitioner to submit additional information or evidence to support the petition. The failure of the petitioner to comply with such request shall not preclude the Regional Director from acting on the petition based on the evidence on hand.


The Regional Director shall transmit to the Secretary the recommendation on the petition together with a copy of the petition and supporting documents.


The Secretary shall act and decide on the petition within thirty (30) days from receipt of the recommendation of the Regional Director.


Section 11. Order of Adoption. - If the Secretary determines that the adoption shall redound to the best interest of the child, an order of adoption shall be issued which shall take effect on the date the petition was filed with the Office of the SWDO, even if the petitioner dies before its issuance.


The order of adoption shall state the name by which the adoptee shall be known and shall likewise direct the:


(a) Cancellation of the simulated birth record of the child;


(b) Issuance of the rectified birth record bearing the names of the biological parents of the child or the issuance of a foundling certificate; and


(c) Issuance of a new birth certificate.


An administrative adoption order obtained under this Act shall have the same effect as a decree of adoption issued pursuant to Republic Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998".


Section 12. Civil Registry Record. - The Secretary shall immediately transmit the order of adoption to the concerned DSWD Regional Office, which shall in turn provide copies to the petitioners, the concerned agencies and the appropriate local civil registrar.


The Local Civil Registrar shall stamp the simulated birth record "cancelled" with an annotation of the issuance of a new rectified certificate of birth in its place. The rectified birth certificate bearing the names of the biological parents of the child or the foundling certificate shall then likewise be stamped "cancelled" with the annotation of the issuance of a new birth record in its place, and shall be sealed in the civil registry records. Thereafter, the Local Civil Registrar shall record, register, and issue a new certificate of birth which shall not bear any notation that it is a new or amended issue.


Section 13. Socialized Fees. - The city or municipal SWDO, the Regional Director, and the Office of the Local Civil Registrar may charge socialized fees to those who avail of the administrative adoption proceedings under this Act. Fees shall be waived if the petitioner is indigent.


Section 14. Confidentiality. - All petitions, documents, records, and papers relating to administrative adoption proceedings in the files of the city or municipal SWDOs, the DSWD central and field offices, or any other agency or institution participating in such proceedings shall be strictly confidential.


The disclosure of any information shall be allowed only upon the written request of the adoptee or in the case of a minor adoptee, her or his guardian.1âwphi1


ARTICLE V

EFFECTS OF ADMINISTRATIVE ADOPTION


Section 15. Legitimacy. - The adoptee shall be considered the legitimate daughter or son of the adopter for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate daughters or sons born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.


Section 16. Parental Authority. - Except where a biological parent is the spouse of the adopter, all legal ties between the biological parents and the adoptee shall be severed and the same shall then be vested in the adopter.


Section 17. Succession. - In legal and intestate succession, the adopter and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and her or his biological parents left a will, the law on testamentary succession shall govern.


ARTICLE VI

RESCISSION OF ADMINISTRATIVE ADOPTION


Section 18. Grounds for Rescission. - Upon petition of the adoptee, with the assistance of the city or municipal SWDO or the DSWD if a minor or if over eighteen (18) years of age but is incapacitated, the adoption may be rescinded on any of the following grounds committed by the adopter:


(a) Repeated physical or verbal maltreatment by the adopter;


(b) Attempt on the life of the adoptee;


(c) Sexual assault or violence;


(d) Abandonment and failure to comply with parental obligations; or


(e) Other acts that are detrimental to the psychological and emotional development of the adoptee.


Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.


Section 19. Rescission of Administrative Adoption. - The process for administrative adoption as provided under Section 10 of this Act shall apply to the rescission of administrative adoption: Provided, That the concerned SWDO, Regional Director, and the Secretary shall act immediately on the petition for rescission bearing in mind the best interest of the child.


The Secretary shall furnish a copy of the order of rescission to the concerned DSWD Regional Office, which shall in turn provide copies to the petitioner, the concerned agencies and the concerned local civil registrar. Thereafter, the concerned local civil registrar shall cancel the new certificate of birth of the adoptee, and restore the adoptee’s rectified birth certificate bearing the name/s of the biological parents, or the foundling certificate, as the case may be.


Section 20. Effects of Rescission. - If the petition for rescission of administrative adoption is granted by the Secretary, the parental authority of the adoptee’s biological parents, if known, shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.


Successional rights shall revert to its status prior to adoption, but only as of the date of judgment of administrative rescission. Vested rights acquired prior to administrative rescission shall be respected.


All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Revised Penal Code if the criminal acts are proven.


ARTICLE VII

VIOLATIONS AND PENALTIES


Section 21. Violations and Penalties. - The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine not less than Two hundred thousand pesos (₱200,000.00) at the discretion of the court shall be imposed on any person who shall commit any of the following acts:


(a) Obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts;


(b) Noncompliance with the procedures and safeguards provided by law for the adoption; or


(c) Subjecting or exposing the child to be adopted to danger, abuse, or exploitation.


ARTICLE VIII

FINAL PROVISIONS


Section 22. Information Dissemination. - The DSWD, in coordination with the Department of the Interior and Local Government (DILG), the Department of Education (DepEd), the Department of Health (DOH), various national leagues of local government units, the Council for the Welfare of Children (CWC), and the Philippine Statistics Authority (PSA), shall disseminate to the public information regarding this Act and its implementation.


Section 23. Implementing Rules and Regulations. - The Secretary, after due consultation with the PSA, the DILG, the Department of Justice (DOJ), and the CWC, together with representatives from the Association of Local Civil Registrars, child-caring and child-placing agencies, and child’s rights civil society organizations, shall issue rules and regulations for the effective implementation of this Act within sixty (60) days from its effectivity.


Section 24. Repealing Clause. - Section 22 of Republic Act No. 8552 is hereby repealed. All other laws, decrees, letters of instruction, executive issuances, resolutions, orders or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, modified, or amended accordingly.


Section 25. Separability Clause. - If any provision or part of this Act is declared unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full force and effect.


Section 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.


Approved,


VICENTE C. SOTTO III

President of the Senate


GLORIA MACAPAGAL-ARROYO

Speaker of the House of Representatives


This Act which is a consolidation House Bill No. 5675 and Senate Bill No. 2081 was passed by the House of Representatives and the Senate on December 12, 2018 and December 13, 2018, respectively.


MYRA MARIE D. VILLARICA

Secretary of the Senate


DANTE ROBERTO P. MALING

Acting Secretary General

House of Representatives


Approved: February 21, 2019


(Sgd.) RODRIGO ROA DUTERTE

President of the Philippines


Carnapping law in the Philippines

 Carnapping law in the Philippines


Bar Exam Question (1998)


Anti-Carnapping Act; Carnapping w/ Homicide (1998)


Samuel, a tricycle driver, plied his usual route using a Honda motorcycle with a sidecar. One evening, Raul rode on the sidecar, poked a knife at Samuel, and instructed him to go near the bridge. Upon reaching the bridge, Raul alighted from the motorcycle and suddenly stabbed Samuel several times until he was dead. Raul fled from the scene taking the motorcycle with him. What crime or crimes did Raul commit? 


Suggested Answer:


Raul committed the composite crime of Carnapping with homicide under Sec. 14 of Rep. Act No. 6539, as amended, considering that the killing "in the course or "on the occasion of a carnapping (People vs. De la Cruz, et al. 183 SCRA 763). A motorcycle is included in the definition of a "motor vehicle" in said Rep. Act, also known as the 'Anti-Carnapping Act of 1972'. There is no apparent motive for the killing of the tricycle driver but for Raul to be able to take the motorcycle. The fact that the tricycle driver was killed brings about the penalty of reclusion perpetua to death.


Alternative Answer:


The crime committed by Raul is carnapping, punished by Section 14 of Rep. Act No. 6539. The killing of Samuel is not a separate crime but only an aggravating circumstance.



Note: RA No. 6539 was repealed by RA No. 10883



REPUBLIC ACT No. 10883


An Act Providing for a New Anti-Carnapping Law of the Philippines


Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:


Section 1. Short Title. - This Act shall be known as the "New Anti-Carnapping Act of 2016".


Section 2. Definition of Terms. - As used in this Act:


(a) Body building refers to a job undertaken on a motor vehicle in order to replace its entire body with a new body;


(b) Defacing or tampering with a serial number refers to the altering, changing, erasing, replacing or scratching of the original factory inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicle imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered serial number;


(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a motor vehicle;


(d) Identity transfer refers to the act of transferring the engine number, chassis number, body tag number, plate number, and any other identifying marks of a motor vehicle declared as "total wreck" or is beyond economic repair by concerned car insurance companies and/or law enforcement agencies after its involvement in a vehicular accident or other incident and registers the same into another factory-made body or vehicle unit, of the same classification, type, make or model;


(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;


(f) Overhauling refers to the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle;


(g) Repainting refers to changing the color of a motor vehicle by means of painting. There is painting whenever the new color of a motor vehicle is different from its color registered in the Land Transportation Office (LTO);


(h) Remodeling refers to the introduction of some changes in the shape or form of the body of the motor vehicle;


(i) Second hand spare parts refer to the parts taken from a carnapped vehicle used in assembling another vehicle;


(j) Total wreck refers to the state or status of a motor vehicle after a vehicular accident or other incident, so that it is rendered inoperational and beyond economic repair due to the extent of damage in its body, chassis and engine; and


(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a vehicle plate issued by the LTO to a certain vehicle to another vehicle. It is presumed illegally transferred when the motor vehicle plate does not correspond with that as appearing in the certificate of registration of the motor vehicle to which it was issued.


Section 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.


Section 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 the amount 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.


Section 5. Original Registration of Motor Vehicles. - Any person seeking the original registration of a motor vehicle, whether that motor vehicle is newly assembled or rebuilt or acquired from a registered owner, shall, within one (1) week after the completion of the assembly or rebuilding job or the acquisition thereof from the registered owner, apply to the Philippine National Police (PNP) for the clearance of the motor vehicle for registration with the LTO. The PNP shall, upon receipt of the application, verify if the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts. If the motor vehicle or any of its numbered parts is not in the list, the PNP shall forthwith issue a certificate of clearance. Upon presentation of the certificate of clearance from the PNP and after verification of the registration of the motor vehicle engine, engine block and chassis in the permanent registry of motor vehicle engine, engine block and chassis, the LTO shall register the motor vehicle in accordance with existing laws, rules and regulations within twenty (20) working days.


Section 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block and Chassis. - Within one (1) year upon approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register before the LTO the motor vehicle engine, engine block and chassis in the name of the possessor or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine, engine block and chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the LTO shall be considered as a carnapped vehicle, an untaxed importation or coming from illegal source and shall be confiscated in favor of the government.


Section 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine Blocks and Chassis. - The LTO shall keep a permanent registry of motor vehicle, motor vehicle engines, engine blocks and chassis of all motor vehicles, specifying therein their type, make, serial numbers and stating therein the names and addresses of their present and previous owners. Copies of the registry and of all entries made thereon shall be furnished the PNP and all LTO regional, provincial and city branch offices: Provided, That all LTO regional, provincial and city offices are likewise obliged to furnish copies of all registrations of motor vehicles to the main office and to the PNP: Provided, further, That the original copy of the certificate of registration shall be given to the registered owner, the second copy shall be retained with the LTO and the third copy shall be submitted to the PNP. Moreover, it shall be unlawful for any person or employee who willfully encodes in the registry of motor vehicles a non-existing vehicle or without history, new identity of already existing vehicle or double/multiple registration ("KAMBAL") of vehicle.


Section 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle, Substitution or Replacement of a Motor Vehicle Engine, Engine Block or Chassis - Every sale, transfer, conveyance of a motor vehicle, substitution or replacement of a motor vehicle engine, engine block or chassis of a motor vehicle shall be registered with the LTO within twenty (20) working days upon purchase/acquisition of a motor vehicle and substitution or replacement of a motor vehicle engine, engine block or chassis. A motor vehicle, motor vehicle engine, engine block or chassis not registered with the LTO shall be presumed as a carnapped vehicle, an untaxed imported vehicle, or a vehicle proceeding from illegal sources unless proven otherwise and shall be confiscated in favor of the government.


Section 9. Duty of Collector of Customs to Report. - Within seven (7) days after the arrival of an imported vehicle, motor vehicle engine, engine block, chassis or body, the Collector of Customs of a principal port of entry where the imported vehicle or parts enumerated above are unloaded shall report the shipment to the LTO, specifying the make, type and serial numbers, if any, of the motor vehicle, motor vehicle engine, engine block, chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle, motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor vehicle, motor vehicle engine, engine block, chassis or body until it is numbered by the LTO: Provided, That a PNP clearance shall be required prior to engraving the engine or chassis number.


Section 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep Record of Stocks. - Any person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body shall keep a permanent record of one’s stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they are sold, and shall render accurately a monthly report of his/her transactions in motor vehicles to the LTO.1avvphi1


Section 11. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the Numbering of Engine Blocks, Chassis or Body Manufactured. - Any person engaged in the manufacture of engine blocks, chassis or body shall cause the numbering of every engine block, chassis or body manufactured in a convenient and conspicuous part thereof which the LTO may direct for the purpose of uniformity and identification of the factory and shall submit to the LTO a monthly report of the manufacture and sale of engine blocks, chassis or body.


Section 12. Clearance and Permit Required for Assembly or Rebuilding of Motor Vehicles. - Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the PNP: Provided, That no such permit shall be issued unless the applicant shall present a statement under oath containing the type, make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof.


In the case of motor vehicle engines to be mounted on motor boats, motor bancas, water crafts and other light water vessels, the applicant shall secure a permit from the PNP, which office shall in turn furnish the LTO pertinent data concerning the motor vehicle engines including their type, make and serial numbers.


Section 13. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines, Engine Blocks, Chassis or Body - The Philippine Ports Authority (PPA) shall submit a report to the PNP within seven (7) days upon boarding all motor vehicles being boarded the "RORO", ferry, boat, vessel or ship for interisland and international shipment. The PPA shall not allow the loading of motor vehicles in all interisland and international shipping vessels without a motor vehicle clearance from the PNP, except cargo trucks and other trucks carrying goods, Land Transportation Franchising and Regulatory Board (LTFRB)-accredited public utility vehicles (PUV) and other motor vehicles carrying foodstuff and dry goods.


Section 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines, Engine Blocks and Chassis. - It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.


Section 15. Identity Transfer. - It shall be unlawful for any person, office or entity to cause and/or allow the sale, registration, and/or transfer into another name, the chassis number, engine number and plate number of a motor vehicle declared as "total wreck" or beyond economic repair by concerned insurance company, and/or law enforcement agencies, due to its involvement in a vehicular accident or for some other causes. The LTO shall cancel the registration of total wreck vehicle as reported by the PNP and/or as declared by the Insurance Commission.


Section 16. Transfer of Vehicle Plate. - It shall be unlawful for any person, office or entity to transfer or use a vehicle plate from one vehicle to another without securing the proper authority from the LTO.


Section 17. Sale of Second Hand Spare Parts. - It shall be unlawful for any person, office or entity to buy and/or sell any second hand spare parts taken from a carnapped vehicle.


Section 18. Foreign Nationals. - Foreign nationals convicted under the provisions of this Act shall be deported immediately after service of sentence without further proceedings by the Bureau of Immigration.


Section 19. Reward. - Any person who voluntarily gives information leading to the recovery of carnapped vehicles and for the apprehension of the persons charged with carnapping shall be given monetary reward as the PNP may determine. The PNP shall include in their annual budget the amount necessary to carry out the purposes of this section. Any information given by informers shall be treated as confidential matter.


Section 20. Implementing Rules and Regulations. - The PNP together with the Department of Transportation and Communications, LTO, Philippine Coast Guard, Maritime Industry Authority, Bureau of Customs and relevant motorists and automotive sectors shall, within sixty (60) days from the effectivity of this Act, after unanimous approval, promulgate the necessary implementing rules and regulations to effectively carry out the provisions of this Act, including the setting up of a coordinated online access and the effective clearance system mentioned in Section 12 of this Act to expedite motor vehicle data and details verification.


Section 21. Separability Clause. - If any provision of this Act is declared invalid, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.


Section 22. Repealing Clause. - Republic Act No. 6539, otherwise known as the "Anti-Carnapping Act of 1972", is hereby repealed. All laws, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby amended or repealed accordingly.


Section 23. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation, whichever comes earlier.


Approved,


FELICIANO BELMONTE, JR.

Speaker of the House of Representatives


FRANKLIN M. DRILON

President of the Senate


This Act was passed by the Senate of the Philippines as Senate Bill No. 2794 on May 23, 2016 and adopted by the House of Representatives as an amendment to House Bill No. 4544 on May 23, 2016.


MARILYN B. BARUA-YAP

Secretary General

House of Representatives


OSCAR G. YABES

Secretary of the Senate


Approved: July 17, 2016


(Sgd.) BENIGNO S. AQUINO, III

President of the Philippines