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Primary Text
Penalties. -
(a) Any person who develops, produces, acquires, stockpiles, retains, transfers, or uses chemical weapons shall suffer the penalty of life imprisonment, without the benefit of parole or the provisions of Republic Act No. 10592 or "An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, as Amended, Otherwise Known as the Revised Penal Code", and a fine of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00);
(b) Any person who finances the development, production, acquisition, stockpiling, retention, transfer, or use of chemical weapons shall suffer the penalty of twenty (20) years imprisonment up to life imprisonment, and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00);
(c) Any person who produces, acquires, retains, or uses chemicals listed in Schedule 1 of the Convention's Annex on Chemicals for purposes other than research, medical, pharmaceutical, or protective purposes shall suffer the penalty of imprisonment for a period of twelve (12) years and one (1) day to twenty (20) years. and a fine of One million pesos (P1,000,000.00) to Two million pesos (P2,000,000.00);
(d) Any person who produces, processes, or consumes chemicals listed in Schedule 2 or Schedule 3 of the Convention's Annex on Chemicals for purposes other than those not prohibited under this Act, or without a registration with the ATC or the appropriate agencies, shall suffer the penalty of imprisonment of twelve (12) years and one (1) day to fifteen (15) years and a fine of One million pesos (P1,000,000.00) to Two million pesos (P2,000,000.00);
(e) Any person who imports, exports, or domestically transfers chemicals listed in Schedule 1, 2, or 3 of the Convention's Annex on Chemicals, without authorization and necessary permits and licenses from the Strategic Trade Management Office (STMO) of the Department of Trade and Industry (DTI) shall be dealt with in accordance with Republic Act No. 10697, or the "Strategic Trade Management Act (STMA)";
(f) Any person who obstructs, hinders, resists, or deceives any national or international inspector who is exercising any function under this Act shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years, and a fine of One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00);
(g) Any person who violates Section 14 of this Act shall suffer the penalty of imprisonment of four (4) years and one (1) day to six (6) years, or a fine of Five hundred thousand pesos (P500,000.00) to Two million pesos (P2,000,000.00), or both, at the discretion of the court;
(h) Any person who refuses or fails to notify the ATC, give the required information, or keep records pursuant to the provisions of Section 12 of this Act shall suffer the penalty of imprisonment of six (6) months and one (1) day to six (6) years, and a fine of One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00);
(i) Any person who, in any declaration prepared pursuant to Section 12 of this Act, makes a statement or omits any matter knowing that the statement or omission makes the declaration materially false or misleading shall suffer the penalty of imprisonment of six (6) years and one (1) day to twelve (12) years, and a fine of One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00).
The partner, president, director, manager, trustee, administrator, or officer of a partnership, corporation, association, or any other juridical entity who consents to, knowingly tolerates or, due to negligence, fails to prevent the commission of a violation of this Act shall be held criminally liable.
In addition to the payment of fine by the partnership, corporation, association, or juridical entity, its registration and license to operate with the Securities and Exchange Commission (SEC) or the DTI, as the case may be, shall be cancelled and revoked permanently, as ordered by the Court, without prejudice to imposition of sanctions pending trial.
Foreigners found guilty of committing any offense punishable herein shall, in addition to the penalties prescribed under this Act, be deported immediately without further proceedings after the service of sentence and permanently barred from entering the country.
A government official or employee found guilty of committing any of the offenses punishable under this Act shall suffer absolute perpetual disqualification from any public office, and the maximum penalty provided in this Act.
Persons who conspire to commit any of the prohibited acts under Section 6 hereof shall be punished by the same penalty prescribed herein.
Persons who are found guilty of committing any offense punishable herein shall not be subject to probation under Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", as amended by Republic Act No. 10707.
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