PRESIDENTIAL DECREE 968

(as amended by PD no. 1257, and as further amended by BP Blg. 76 and PD No. 1990)PROBATION LAWPURPOSE (Sec. 2) COP1). Promote the correction and rehabilitation of an offender by providing him with individualized treatment2). Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence3). Prevent the commission of offensesDEFINITION OF TERMS (Sec. 3)Probation - a disposition under which a defendant , after conviction and sentence, is released subject to conditions imposed by court and to the supervision of a probation officer

Probationer - a person placed on probation

Probation officer - one who investigates for the court a referral for probation or supervises a probationer or bothGRANT OF PROBATION (Sec. 4)ApplicationAn application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal. Note: Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.OrderThe court may, after it shall have convicted and sentenced a defendant and upon his application within the period for perfecting an appeal:1). suspend the execution of sentence2). place the defendant on probation upon such period and terms as it may deem bestNote: No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. An order granting or denying probation shall not be appealable.POST-SENTENCE INVESTIGATION (Sec. 5)No person shall be placed on probation except upon prior investigation by the probation officer and a determination by the court. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT (Sec. 7)Note: The probation officer shall submit to the court the investigation report on a defendant not later than sixty (60) days from receipt of the order of said court to conduct the investigation. The court shall resolve the application for probation not later than fifteen (15) days after receipt of said report. Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed temporary liberty under his bail filed in the criminal case. Defendant may be released on recognizance to the custody of a responsible member of the community:1). in case where no bail was filed 2). in case where he is incapable of filing a bailCRITERIA FOR PLACING AN OFFENDER ON PROBATION (Sec. 8)The court shall consider:

1). all information relative to the: CAEMP a) character b) antecedents c) environment d) mental

e) physical condition2). Available institutional and community resourcesProbation shall be denied if the court finds that: CUD1). the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution2). there is undue risk that during the period of probation the offender will commit another crime3). probation will depreciate the seriousness of the offense committedDISQUALIFIED OFFENDERS (Sec. 9)The benefits of this Decree shall not be extended to those: CHASH1). sentenced to serve a maximum term of imprisonment of more than six (6) years2). convicted of subversion or any crime against the national security or the public order3). who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than two hundred pesos (P200)4). who have been once on probation under the provisions of this Decree5). who are already serving sentence at the time the substantive provisions of this Decree became applicableCONDITIONS (Sec. 10)1). Mandatory / General ConditionsThe probationer shall:(a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within seventy-two (72) hours from receipt of said order(b) report to the probation officer at least once a month at such time and place as specified by said officer2). Special or Discretionary Conditions - conditions which the courts may additionally impose towards his correction and rehabilitation outside of prison(a) cooperate with a program of supervision(b) meet his family responsibilities(c) devote himself to a specific employment and not to change said employment without the prior written approval of the probation officer(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in specified institution, when required for that purpose(e) pursue a prescribed secular study or vocational training(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation(g) refrain from visiting houses of ill-repute(h) abstain from drinking intoxicating beverages to excess(i) permit the probation officer or an authorized social worker to visit his home and place of work(j) reside at premises approved by it and not to change his residence without its prior written approval(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscienceEFFECTIVITY OF PROBATION ORDER ( Sec. 11)A probation order shall take effect upon its issuance. Note: Upon the failure of the probationer to comply with any of the conditions prescribed in the order or upon his commission of another offense, he shall serve the penalty imposedfor the offense under which he was placed on probation.MODIFICATION OF CONDITIONS OF PROBATION (Sec. 12)During the period of probation, the court may, upon application of either the probationer or the probation officer , revise or modify the conditions or period of probation.PERIOD (Sec. 14)If the sentence imposes:1). imprisonment of not more than one (1) year - period of probation shall not exceed two (2) years2). imprisonment of more than one (1) year - period shall not exceed six (6) years3). fine only and the offender is made to serve subsidiary imprisonment - period shall not be less than nor be more than twice the total number of days of subsidiary imprisonmentARREST OF PROBATIONER (Sec. 15)If the probationer violated any of the conditions of probation: 1). the court shall issue a warrant of arrest2). he shall be brought before the court for informal and summary hearing3). the court may grant bail4). the court may revoke or continue his probation or modify the conditionsTERMINATION OF PROBATION (Sec. 16)After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation. Effects of termination: CARD1). the case is deemed terminated2). restore to him all civil rights lost or suspend as a result of his conviction3). to fully discharge his liability for any fineNote: The expiration of the probation period alone does not automatically terminate probation. Probation is not coterminous with its period. There must first be issued by the court, an order of final discharge based on the report and recommendation of the probation officer. Only from such issuance can the case of the probationer be deemed terminated. (Bala v. Martinez, G.R. No. 67301, Jan. 29, 1990)

DISTINCTION

PROBATION PAROLE1) Sentence Must not be more than 6 years Must be more than 1 year2) Penalty Imprisonment or fine Imprisonment only3) Disposition Sentence is suspended Imprisonment for at least the minimum4) Violation of Entire sentence served. Unexpired portion shall be served condition5) Appeal Forecloses probation No effect on operation6) Availability Only once Everytime as long as offender is not disqualified7) Character Grant of privilege; must be Mandatory; application not necessary applied for

REPUBLIC ACT NO. 9745ANTI-TORTURE ACT OF 2009DEFINITION OF TERMS (Sec. 3)Torture - an act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. Note: It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.Other cruel, inhuman and degrading treatment or punishment - refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement of the latter. Victim - refers to the person subjected to torture or other cruel, inhuman and degrading treatment or punishment and any individual who has suffered harm as a result of any acts of torture or other cruel, inhuman and degrading treatment or punishmentOrder of Battle - any document or determination made by the military, police or any law enforcement agency of the government, listing the names of persons and organizations that it perceives to be enemies of the State and that it considers as legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international lawTORTUREElements: OSI1). The offender intentionally inflicts on a person severe pain or suffering whether physical or mental2). Such pain or suffering is inflicted: a) for such purposes as: i) obtaining from him/her or a third person information or a confession ii) punishing him/her for an act he/she or a third person has committed or is suspected of having committed iii) intimidating or coercing him/her or a third person b) for any reason based on discrimination of any kind3). Such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authorityACTS OF TORTURE (Sec. 4)1). Physical torture - is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body such as: F SHES BCUM PROUDa) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects and jumping on the stomachb) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eatenc) Electric shockd) Cigarette burning, burning by electrically heated rods, hot oil, acid, by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the woundse) The submersion of the head in water or water polluted with excrement, urine, vomit, and/or blood until the brink of suffocationf) Being tied or forced to assume fixed and stressful bodily positiong) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitalsh) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.i) Dental torture or the forced extraction of the teethj) Pulling out of fingernailsk) Harmful exposure to the elements such as sunlight and extreme coldl) The use of plastic bag and other materials placed over the head to the point of asphyxiationm) The use of psychoactive drugs to change the perception, memory, alertness or will of a person such as: i) the administration of drugs to induce confession and/or reduce mental competency ii) the use of drugs to induce extreme pain or certain symptoms of a diseasen) Other analogous acts of physical torture2). Mental or Psychological Torture - refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale such as: STOP2 D2 MBC3a) Blindfoldingb) Threatening a person/s or his/her relative/s with bodily harm, execution or other wrongful actsc) Confinement in solitary cells or secret detention placesd) Prolonged interrogatione) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisonerf) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executedg) Maltreating a member/s of a person's familyh) Causing the torture sessions to be witnessed by the person's family, relatives or any third partyi) Denial of sleep/restj) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her willk) Deliberately prohibiting the victim to communicate with any member of his/her familyl) Other analogous acts of mental/psychological torture OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT (Sec.5)Elements: DIA1). A deliberate and aggravated treatment or punishment not enumerated under Section 4 is inflicted against person in custody2). The treatment or punishment is inflicted by a person in authority or agent of a person in authority3). The treatment or punishment attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latterNote: A public officer who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations or by inflicting such punishment in a cruel and humiliating manner shall be held liable for maltreatment of prisoner under Article 235 of the Revised Penal Code. FREEDOM FROM TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT, AN ABSOLUTE RIGHT (Sec. 6) Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances.Note: A state of war or a threat of war, international political instability or any other public emergency or a document or any determination comprising an order of battle shall not and can never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.PROHIBITED DETENTION (Sec. 7)Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity are hereby prohibited. In which case, the PNP, AFP and other law enforcement agencies concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained therein such as, among others, names, date of arrest and incarceration, and the crime of offense committed.Note: The list of detainees and detention facilities shall be available to the public at all times and submitted to the Commission on Human Rights (CHR).APPLICABILITY OF THE EXCLUSIONARY RULE; EXCEPTION (Sec. 8)Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or persons accused of committing torture. INSTITUTIONAL PROTECTION OF TORTURE VICTIMS AND OTHER PERSONS INVOLVED (Sec. 9) A victim of torture shall have the following rights in the institution of a criminal complaint for torture: PAS1). To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such as the DOJ, PAO, PNP, NBI and the AFP.Note: A prompt investigation shall mean a maximum period of sixty (60) working days from the time of complaint within which an investigation report and/or resolution shall be completed and made available. An appeal shall be resolved within the same period prescribed therein.2). To have sufficient government protection against all forms of harassment; threat and/or intimidation as a consequence of the filing of said complaint or the presentation of evidence therefor3). To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any fora in order to avoid further trauma.ASSISTANCE IN FILING A COMPLAINT (Sec. 11)The CHR and the PAO shall render legal assistance in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel, inhuman and degrading treatment or punishment or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center (BHRAC) nearest him/her as well as from human rights NGOs.RIGHT TO PHYSICAL, MEDICAL AND PSYCHOLOGICAL EXAMINATION (Sec. 12)Before and after interrogation, every person arrested, detained or under custodial investigation shall have the right to be informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she shall be provided by the State with a competent and independent doctor to conduct physical examination. WHO ARE CRIMINALLY LIABLE (Sec. 13)The following are deemed as principal: DISC1). Direct participator, inducer and indispensable cooperator2). Superior military, police or law enforcement officer or senior government official who ordered any lower ranking personnel to commit torture for whatever purpose3). Immediate commanding officer of the unit of AFP, immediate senior public official of the PNP and other law enforcement agencies for any act, omission or negligence committed by him that led, assisted, abetted or allowed, directly or indirectly, the commission thereof4). Commanding officer or senior public official who has knowledge of or should have known that said acts shall be, is being, or has been committed by his subordinates or others within his area of responsibility and, despite such knowledge, did not take preventive or corrective action before, during or immediately after its commission, when he has the authority to prevent or investigate allegations thereof but failed to do so, whether deliberately or due to negligence.The following are accessories: Any public officer or employee who has knowledge that torture or other cruel, inhuman or degrading treatment or punishment is being committed and not being either principal or accomplice, takes part subsequent to its commission in any of the following manner: PCH (a) Profiting from or assisting offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment (b) By concealing the said acts and/or destroying the effects or instruments thereof in order to prevent its discovery (c) By harboring, concealing or assisting in the escape of the principal in the act of torture or other cruel, inhuman and degrading treatment or punishment provided that the acts are done with abuse of the official's public functionsTORTURE AS A SEPARATE AND INDEPENDENT CRIME (Sec. 15)Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws. EXCLUSION FROM THE COVERAGE OF SPECIAL AMNESTY LAW (Sec. 16)In order not to depreciate the crime of torture, persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures that will have the effect of exempting them from any criminal proceedings and sanctions. No person shall be expelled, returned or extradited to another State where there are substantial grounds to believe that he shall be in danger of being subjected to torture (Refouler rule).

REPUBLIC ACT NO. 6235ANTI-HIJACKING LAWACTS PUNISHABLE: It shall be unlawful for any person to:1). Compel a change in the course of destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. (Sec.1)Note: An aircraft is in flight from the moment all its external doors are closed followingembarkation until any of such doors is opened for disembarkation. When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When death results, the crime is homicide or murder, as the case may be.2). 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. (Sec.1)Note: There is no requirement that it be in flight. Under this Act, it is not required that the aircraft be a public utility.Penalty: Imprisonment of not less than twelve (12) years but not more than twenty (20) years or by a fine of not less than twenty thousand pesos (P20,000) but not more than forty thousand pesos (P40,000). (Sec.2)

Aggravating circumstances to acts punished under 1 and 2: FEA (a) When he has fired upon the pilot, member of the crew or passenger of the aircraft (b) When he has exploded/attempted to explode any bomb or explosive to destroy the aircraft (c) Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.

Penalty: Imprisonment of fifteen (15) years to death, or a fine of not less than twenty-five thousand pesos (P25,000) but not more than fifty thousand pesos (P50,000)

3). Ship, load or carry in any passenger aircraft operating as a public utility within the Philippines, any explosive, flammable, corrosive or poisonous substance or material. (Sec. 3)Penalty: Imprisonment of at least five (5) years but not more than ten (10) years or by a fine of not less than ten thousand pesos (P10,000) but not more than twenty thousand pesos (P20,000).4). Shipping, loading or carrying such substances in any cargo aircraft operating as a public utility within the Philippines not in accordance with regulations issued by the Civil Aeronautics Administration. (Sec. 4)Note: For any death or injury to persons or damage to property resulting from a violation of Sections 3 and 4, the person responsible may be held liable in accordance with the applicable provisions of the Revised Penal Code. (Sec. 7)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 representative 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. (Sec. 8)DEFINITION OF TERMS (Sec. 5)Explosive - 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. It shall include but not limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges and other explosive materials, except bullets for firearm.Flammable - any substance or material that is highly combustible and self-igniting by chemical reaction and shall include but not limited to acrolien, allene, aluminum dyethyl monochloride and other aluminum compounds, ammonium chlorate and other ammonium mixtures and other similar substances or materials.Corrosive - 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, allylchloroformate, allytrichirosilance, ammonium dinitro-orthocresolate and other similar substances or materials.Poisonous - any substance or material, except medicinal drug, either liquid, solid or gaseous, which through chemcal reaction kills, injures or impairs a living organism or person and shal include but not limited to allyl isothiocyanate, ammunition (chemical, non-explosive by containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials.

REPUBLIC ACT NO. 9208 AS AMENDED BY REPUBLIC ACT NO. 10364

ANTI-TRAFFICKING IN PERSONS ACT

DEFINITION OF TERMS (Sec. 3)

Trafficking of persons - refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or position, taking advantage of the vulnerability of the person, or the giving or receiving of payment or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

Note: The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purpose shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.

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

Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.

Forced Labor - refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt bondage or deception including any work or service extracted from any person under the menace of penalty.

Slavery - refers to the status or condition of a person over whom any or all of the powers attaching to the ownership are exercised.

Involuntary servitude - refers to a condition of enforced and compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did not enter into or continue in such condition, he or she or another person would suffer serious harm or other forms of abuse of physical restraint, or threat of abuse or harm, or coercion including depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of the legal process.

Sex Tourism - refers to the program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities utilizing and offering escort and sexual services and practices offered during rest and recreation periods for members of the military.

Sexual Exploitation - refers to the participation by a person in prostitution, pornography or the production of pornography, in exchange for money, profit or any other consideration or where the participation is caused or facilitated by any means of intimidation or threat, use of force or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or position or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the consent of a person having control over another person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this Act.

Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.

Pornography - refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

ELEMENTS OF TRAFFICKING OF PERSONS: AME

1). Act

2). Means

3). Exploitative purpose

ACTS PUNISHABLE:

1). Acts of Trafficking in Persons (Sec. 4) O2R5 U A2IM

a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation

b) To introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling, or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage.

d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation

e) To maintain or hire a person to engage in prostitution or pornography

f) To adopt persons by any form of consideration for exploitative purpose or to facilitate the same for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

g) To adopt or facilitate the adoption of persons for the purpose of prostitution , pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a person by means of threat or use of force, fraud, deceit, violence, coercion or intimidation for the purpose of removal or sale of organs of said person

i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to engage in armed activities in the Philippines or abroad.

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

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

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

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall include:

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

2) The use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances

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

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

l) To organize or direct other persons to commit the offenses defined as acts of trafficking under this Act.

Penalty: Imprisonmentof twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00)

2). Attempted Trafficking in Persons (Sec. 4-A)

Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance

Note: In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons: FERS2

a) Facilitating the travel of a child who travels alone to a foreign country or territory without valid reason therefor and without the required clearance or permit from the Department of Social Welfare and Development, or a written permit or justification from the childs parent or legal guardian

b) Executing, for a consideration, an affidavit of consent or a written consent for adoption

c) Recruiting a woman to bear a child for the purpose of selling the child

d) Simulating a birth for the purpose of selling the child

e) Soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and low-income families, for the purpose of selling the child

Penalty: Imprisonmentof fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00)

3). Accomplice Liability (Sec. 4-B)

Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts defined in this Act

Penalty: Imprisonmentof fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00)

4). Accessory Liability (Sec. 4-C)

Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices, take part in its commission in any of the following manners:

a) By profiting themselves or assisting the offender to profit by the effects of the crime

b) By concealing or destroying the body of the crime or effects or instruments thereof, in order to prevent its discovery

c) By harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his or her public functions or is known to be habitually guilty of some other crime.

Penalty: Imprisonmentof fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00)

5). Acts that promote trafficking in persons (Sec. 5) DBP A2CT FUL

a)To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons

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

c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons

d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons

e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons

f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies

g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery

h) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to influence witnesses, in an investigation or prosecution of a case under this Act

i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other travel, immigration or working permit or document, or any other actual or purported government identification, of any person in order to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the persons liberty to move or travel in order to maintain the labor or services of that person

j) To utilize his or her office to impede the investigation, prosecution or execution of lawful orders in a case under this Act

Penalty: Imprisonmentof fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00)

6). Qualified Trafficking in Persons (Sec.6)

Violations of Section 4 of this Act shall be considered as qualified trafficking under the following circumstances: C2ARO4T

a) When the trafficked person is a child

b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

c) When the crime is committed by a syndicate, or in large scale.

Note:Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group

d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee

e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies

f) When the offender is a member of the military or law enforcement agencies

g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS)

h) When the offender commits one or more violations of Section 4 over a period of sixty (60) or more days, whether those days are continuous or not

i) When the offender directs or through another manages the trafficking victim in carrying out the exploitative purpose of trafficking

Note: Qualified trafficking is non-bailable.

Penalty: Life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00)

7). Violation of confidentiality rule

Penalty: Imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

CONFIDENTIALITY RULE (Sec. 7)

Confidentiality refers to the right to privacy of the trafficked person which covers: NAP

1). name of the trafficked person

2). personal circumstances

3). any other information tending to establish the identity of the trafficked person and his/her family

Lawenforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial.

Note: Confidentiality rule applies solely to the victim and not to the offender. Confidentiality can be waived by thetrafficked person in a written statement duly notarized knowingly, voluntarily and willingly.

Confidentiality rule starts at any stage of the: TRIP

1). Trial

2). Rescue

3). Investigation

4). Prosecution

INITIATION AND PROSECUTION OF CASES (Sec. 8)

Law enforcement agencies are mandated to immediately initiate investigation and counter-trafficking-intelligence gathering upon receipt of statements or affidavit from victims of trafficking, migrant workers, or their families who are in possession of knowledge or information about trafficking in persons cases.

WHO CAN FILE A COMPLAINT: C S2LAP T

1) Children

2) Spouse

3) Siblings

4) Legal guardian

5) Any person who has personal knowledge of the commission of any offense under this Act

6) Parents

7) Trafficked person

Note: Cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by the victims or their parents or legal guardians. Public and private prosecutors are directed to oppose and manifest objections to motions for dismissal.

WHERE TO FILE: (Sec. 9) TOE

1). Where the offense was committed

2). Where any of its elements occurred

3). Where the trafficked person actually resides at the time of the commission of the offense

Note: The court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.

8). Use of trafficked persons (Sec. 11)

Any person who buys or engages the services of a trafficked person for prostitution shall be penalized and theProbation Law (Presidential Decree No. 968) shall not apply.

PRESCRIPTIVE PERIOD (Sec. 12)

a) 10 years

b) 20 years - if committed by a syndicate or in a large scale or against a child

Note: The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the conditions of bondage, or in the case of a child victim, from the day the child reaches the age of majority, and shall be interrupted by the filing of the complaint or information and shall commence to run again when the proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.

LEGAL PROTECTION TO TRAFFICKED PERSONS (Sec. 17)

Trafficked persons shall be recognized as victims of the act or acts of trafficking and as such, shall not be penalized for unlawful acts committed. The consent of a trafficked person to the intended exploitation shall be irrelevant.

Note: Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are not covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted, fined, or otherwise penalized under the said law.

SEXUAL SHIELD RULE (Sec. 17-B)

The past sexual behavior or the sexual predisposition of a trafficked person shall be considered inadmissible in evidence for the purpose of proving consent of the victim to engage in sexual behavior, or to prove the predisposition, sexual or otherwise, of a trafficked person.

IMMUNITY FROM SUIT, PROHIBITED ACTS AND INJUNCTIVE REMEDIES (Sec. 17-C)

No action or suit shall be brought, instituted or maintained in any court or tribunal or before any other authority against any: PLaS

a) law enforcement officer

b) social worker

c) person acting in compliance with a lawful order from any of the above, for lawful acts done or statements made during an authorized rescue operation, recovery or rehabilitation /intervention, or an investigation or prosecution of an anti-trafficking case provided thatsuch acts shall have been made in good faith

Note: The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance pending final resolution and decision of criminal complaint for trafficking.

It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement officers, prosecutors and judges to urge complainants to abandon their criminal, civil and administrative complaints for trafficking.

The remedies of injunction and attachment of properties of the traffickers, illegal recruiters and persons involved in trafficking may be issuedmotu proprioby judges.

EXTRA-TERRITORIAL JURISDICTION (Sec. 26-A)

The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, the crime being a continuing offense, having been commenced in the Philippines and other elements having been committed in another country, if the suspect or accused:

a) Is a Filipino citizen

b) Is a permanent resident of the Philippines

c) Has committed the act against a citizen of the Philippines

No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the Philippines, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Secretary of Justice.

Note: The government may surrender or extradite persons accused of trafficking in the Philippines to the appropriate international court if any, or to another State pursuant to the applicable extradition laws and treaties

RA 9165

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

DEFINITION OF TERMS (Sec. 3)

Administer Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication

Chemical Diversion. The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical.

Confirmatory Test. An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.

Controlled Delivery. The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.

Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.

Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act.

Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

Drug Syndicate. Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.

Financier. Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.

Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.

Protector/Coddler. Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.

Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.

Screening Test. A rapid test performed to establish potential/presumptive positive result.

ACTS PUNISHED: F CU3M3S P4I2E

1). Importation of dangerous drugs and/or controlled precursors and essential chemicals (Sec. 4)

2). Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals (Sec. 5)

Note: In order to sustain a conviction for selling prohibited drugs, the element of sale must be unequivocally established. What the law proscribes is not only the act of selling but also the act of delivering. What is important is that the poseur-buyer received the drugs from the accused ( People v. Ponferada, G.R. No. 101004, March 17, 1993)

The following elements must concur: IDC

a) The identity of the buyer and the seller, the object and the consideration of the sale

b) The delivery of the thing sold and the payment therefor

c) Corpus delicti or the body of the crime

3). Maintenance of a den, dive or resort (Sec. 6)

4). Employment in and visiting a den, dive or resort (Sec. 7)

Persons liable:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such

(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same

5). Manufacture of dangerous drugs and/or controlled precursors and essential chemicals (Sec. 8)

Note:The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is aprima facieproof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances: CESCE

(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s

(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises

(c) Any clandestine laboratory was secured or protected with booby traps

(d) Any clandestine laboratory was concealed with legitimate business operations

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

6). Illegal chemical diversion of controlled precursors and essential chemicals (Sec. 9)

7). Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals (Sec.10)

8). Possession of dangerous drugs (Sec. 11)

The following are the elements:

a) Unauthorized

b) Either actual or constructive

c) Irrespective of its quantity

d) With intent to possess or with full knowledge that what was possessed was any of the prohibited drugs

9). Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs Sec. 12)

Note: The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting or introducing any dangerous drug to the body shall be prima facie evidence that the possessor smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.

10). Possession of dangerous drugs during parties, social gatherings or meetings or in the proximate company of at least two persons (Sec. 13)

11). Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings or in the proximate company of at least two persons (Sec. 14)

12). Use of dangerous drugs (Sec. 15)

Note:This section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Sec.11 of this Act, in which case the provisions stated therein shall apply.

13). Cultivation or culture of plants classified as dangerous drugs or are sources thereof (Sec. 16)

14). Failure to maintain and keep records of transactions on dangerous drugs and/or controlled precursors and essential chemicals (Sec. 17)

15). Unnecessary prescription of dangerous drugs (Sec. 18)

16). Unlawful prescription of dangerous drugs (Sec. 19)

Rules on Possession, Sale and Use of Prohibited drugs and/or Paraphernalia

1). When the seller is apprehended, the quantity he is possessing must be equal to that being sold by him. If so, it will be illegal sale only, possession being absorbed by the sale. But if the quantity possessed by him is greater than the quantity negotiated, he is still liable for illegal possession equal to the excess amount.

2). Possession of instruments for administering drugs is punished separately. But if possession of pipe is when he is smoking the same, possession of pipe is absorbed. If he is found possessing the pipe and opium and he is not smoking, two crimes are committed: illegal possession of opium and illegal possession of opium pipe.

3). An offender who is tested positive for use and is found to be in possession of any quantity of dangerous drugs shall be punished for possession only.

OTHER ACTS PUNISHED: ReP Ben Con2FIDe Mis V2

1). Misappropriation, misapplication or failure to account seized, confiscated or surrendered dangerous drugs, controlled precursors and/or essential chemicals, plant sources of dangerous drugs, instruments, paraphernalia or laboratory equipment including proceeds/properties obtained from the unlawful act (Sec. 27)

2). Benefitting from the proceeds of trafficking of dangerous drugs (Sec. 27)

3). Receiving financial/material contributions from natural or juridical persons found guilty of trafficking of dangerous drugs (Sec. 27)

4). Planting of dangerous drugs, controlled precursors or essential chemicals as evidence regardless of quantity and purity (Sec. 29)

5). Consenting or knowingly tolerating any violation of this Act in the case of a partner, president, director, manager, trustee, estate administrator or officer of a partnership, corporation, association or any juridical entity (Sec. 30)

6). Knowingly consenting to, tolerating or authorizing the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs or chemical diversion if the same are owned by or under the control or supervision of the officers or juridical entities (Sec. 30)

7). Violating any regulation duly issued by the Dangerous Drugs Board (Sec. 32)

8). Issuance of a false or fraudulent dangerous drug test result (Sec. 37)

9). Violation of the confidentiality rule on records of drug dependents under voluntary submission (Sec. 72)

10). Failure or refusal to appear as a witness for any violation of this Act (Sec. 91)

11). Delay or bungling in the handling of the prosecution of drug related cases (Sec. 92)

CONFISCATION AND FORFEITURE OF PROCEEDS OR INSTRUMENTS(Sec. 20)

All the proceeds and properties derived from the unlawful act shall be confiscated and forfeited in favor of the government, including, but not limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.

CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED, SURRENDERED DANGEROUS DRUGS, ETC. (Sec. 21)

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors or essential chemicals and equipment or paraphernalia confiscated, seized or surrendered for proper disposition. IS CFO BS SAD

1). Physical inventory and photograph the articles seized in the presence of the accused, his representative or counsel, a representative from the media and the DOJ and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.

2). Submit the article within 24 hours upon confiscation/seizure to the PDEA Forensic Laboratory for a qualitative and quantitative examination.

3). Certification of the results of the laboratory examination within 24 hours from the receipt of the subject items. When the volume of the subject does not allow the completion of the examination within 24 hours, a partial laboratory report shall be issued, with a final certification to follow within the next 24 hours.

4). Filing of the criminal case in court.

5). Ocular inspection by the Court of the subject seized, confiscated or surrendered within 72 hours after the filing of case.

6). Within the next 24 hours, the burning or destroying of the items in the presence of the accused or his counsel, representative from the media, DOJ, civil society groups and any elected public official.

7). Sworn certification as to the fact of the burning, destruction or disposal is issued by the Dangerous Drugs Board.

8). Submission of the sworn certificate of destruction or burning to the court.

9). After promulgation of judgment by the court, the representative sample, with leave of court, shall be turned over to the PDEA which shall destroy the same within 24 hours from its receipt.

10). The Dangerous Drugs Board shall be informed of the termination of the case.

Chain of custody

The duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence and the final disposition (Sec. 1(b) of the Dangerous Drugs Board Resolution No. 1, Series of 2002, implementing RA 9165)

Note: Non-compliance with the procedure outlined in Section 21(a) shall not render void and invalid such seizures of and custody over said items, for as long as the integrity and evidentiary value of the seized items are properly preserved by the apprehending officers (People v. Lopez, G.R. No. 181747, September 29, 2008)

PROHIBITION ON PLEA-BARGAINING (Sec. 23)

Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provisions of plea-bargaining.

NON-APPLICABILITY OF THE PROBATION LAW FOR DRUG TRAFFICKERS AND PUSHERS (Sec. 24)

Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law.

QUALIFYING AGGRAVATING CIRCUMSTANCES IN THE COMMISSION OF A CRIME BY OFFENDER UNDER INFLUENCE OF DANGEROUS DRUGS (Sec. 25)

Notwithstanding the provisions of the law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender and the applicable penalty provided for in the Revised Penal Code shall be applicable.

ATTEMPT OR CONSPIRACY (Sec. 26)

Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: Im SMa2C

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical

(e) Cultivation or culture of plants which are sources of dangerous drugs

CRIMINAL LIABILITY OF GOVERNMENT OFFICIALS AND EMPLOYEES (Sec. 28)

If the violators are government officials and employees, maximum penalties of the unlawful act plus absolute perpetual disqualification from any public office shall be imposed.

ADDITIONAL PENALTY IF OFFENDER IS AN ALIEN (Sec. 31)

In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings, unless death is the penalty.

IMMUNITY FROM PROSECUTION AND PUNISHMENT (Sec. 33)

Requisites: ViVo TeCo

1). The accused was prosecuted for violation of Sections 7, 11, 12, 14, 15, and 19 of this Act

2). Voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16 of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof

3). He willingly testifies against such persons as described above

4). His information and testimony has complied with the following conditions: NeNo CorPS DN

(a) It is necessary for the conviction of the persons described above

(b) It is not yet in the possession of the State

(c) It can be corroborated on its material points

(d) The informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness

(e) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State

(f) The informant or witness does not appear to be most guilty for the offense with reference to which his/her information or testimony were given

(g) There is no direct evidence available for the State except for the information and testimony of the said informant or witness.

TERMINATION OF THE GRANT OF IMMUNITY (Sec. 34)

Grounds for termination: FaFa Vi

1). If the testimony is false, malicious or made only to harass, molest or prejudice the accused

2). Failure or refusal to testify without just cause, when lawfully obliged to do so

3). Violating any condition for immunity

Effect of termination of immunity:

The immunity shall cease and the witness shall be prosecuted or cited for contempt.

DANGEROUS DRUGS TEST AND RECORD REQUIREMENT (Sec. 36)

The following shall be subjected to undergo drug testing: SO2 FAD

(a) Applicants for driver's license - (mandatory drug test)

(b) Applicants for firearm's license and for permit to carry firearms outside of residence - (mandatory drug test)

(c) Students of secondary and tertiary schools - (random drug test)

(d) Officers and employees of public and private offices whether domestic or overseas - (random drug test)

Note: Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law

(e) Officers and members of the military, police and other law enforcement - (annual mandatory drug test)

(f) All candidates for public office whether appointed or elected both in the national or local government - (mandatory drug test)

Note: The Court has held that the testing requirement as to national officials whose qualifications have been expressly set in the Constitution, such as the President, Vice President, Senators and Congressmen is unconstitutional. Where the Constitution has expressly set out the qualifications, these are exclusive and may not be broadened nor circumscribed by legislative fiat. (SJS v. Dangerous Drugs Board and PDEA, G.R. No. 157870, November 3, 2008)

The testing requirement is no longer required for those charged before the prosecutor's office. The Court held that such testing is unconstitutional as it effectively singles out its subject and seeks to violate his rights against self-incrimination and privacy. A person accused of an offense does not consent to such testing and neither does he waive his right to privacy simply by being a person accused of a crime (SJS v. Dangerous Drugs Board supra)

Those found to be positive for dangerous drugs shall be subjected to the provisions of Sec. 15, which involves rehabilitation for a minimum period of 6 months for the first offense or imprisonment of 6 to 12 years for the second offense.

VOLUNTARY SUBMISSION OF A DRUG DEPENDENT (Sec. 54)

A drug dependent may, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of the drug dependency.

Upon such application, the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency.

If positive:

1). he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center for a period of not less than six (6) months

2). may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a first-time offender and non-confinement in a Center will not pose a serious danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the Court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community.

EXEMPTION FROM THE CRIMINAL LIABILITY UNDER THE VOLUNTARY SUBMISSION PROGRAM (Sec. 55)

A drug dependent under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the criminal liability subject to the following conditions: CoNe NoP

(1) He/she has complied with the rules and regulations of the center, the applicable rules and regulations of the Board, including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center

(2) He/she has never been charged or convicted of any offense punishable under this Act

(3) He/she has no record of escape from a Center

Note: If he/she escaped, he/she surrendered by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, within one (1) week from the date of the said escape.

(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability.

COMPULSORY CONFINEMENT OF A DRUG DEPENDENT (Sec. 61)

Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose.

Such petition may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found.

PRESCRIPTION OF OFFENSE CHARGED AGAINST A DRUG DEPENDENT (Sec. 63)

The period of prescription of the offense charged against a drug dependent under the compulsory submission program shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board.

SUSPENSION OF SENTENCE OF A FIRST-TIME MINOR OFFENDER (Sec. 66)

An accused who is over fifteen (15) years of age at the time of violation of Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions:

(a) Has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws

(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician

(c) The Board favorably recommends that his/her sentence be suspended.

Note: However, Sec.38 of RA No. 9344 (Juvenile Justice and Welfare Act) provides for the automatic suspension of sentence of a child in conflict with the law, even if he/she is already 18 years of age or more at the time he/she is found guilty of the offense charged, which reads:

SEC. 38.Automatic Suspension of Sentence.- Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application:Provided,however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.

xxx

DISCHARGE AFTER COMPLIANCE WITH CONDITIONS OF SUSPENDED SENTENCE OF A FIRST-TIME MINOR OFFENDER (Sec. 67)

Ifthefirst time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board, shall discharge the accused and dismiss all proceedings.

Note: Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. The minor shall not be held guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.

PRIVILEGE OF SUSPENDED SENTENCE TO BE AVAILED OF ONLY ONCE (Sec. 68)

The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated.