Article 113Act No. 3815, Sec./Art. 113

Obligation to satisfy civil liability.-Except in case of extinction of his civil liability as provided in the next preceding article, the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence, or any other reason.

BOOK TWO

CRIMES AND PENALTIES

TITLE ONE

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CHAPTER ONE

CRIMES AGAINST NATIONAL SECURITY

SECTION ONE.-Treason and espionage

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

The offenses listed under this section shall be punished

without

prejudice

to

the

application

of

appropriate

penalties or sanctions provided under Section 216 and

such

other

appropriate

sections

of

the IP Code or

Republic Act No. 8792 also known as the Electronic

Commerce

Act,

the

Revised

Penal

Code

or

other

applicable laws.

Section 20. Determination of Penalties - In determining

the number of years of imprisonment, or amount of fine

to be imposed, the court shall consider the size of the

operations of the offender, the value of the articles

involved in the violation, and the period of violation. In

imposing administrative penalties, the OMB shall likewise

consider the said circumstances.

Section 21. Persons Liable . - If the offender is an alien, the

person shall immediately be deported after serving his

sentence, and shall, thereafter, be refused entry into the

country.

If the offender is a government official or employee, he

shall suffer perpetual disqualification from public office

and forfeiture of his right to vote and participate in any

public election for ten (10) years.

Should the offense be committed by the juridical person,

the stockholder, chairperson, president, officer, director,

trustee, partner or manager responsible for such violation

shall be liable.

Section 22. Enforcement - The OMB may solicit the direct

assistance of other agencies, the managing authorities in

the economic zones and instrumentalities of the national

and local governments, and may deputize for a limited

period the heads or personnel of agencies to perform

enforcement functions for the OMB, insofar as such

functions are concerned shall be subject to the direction

and supervision of the OMB.

Section 23. Disposal of Seized Materials . - Any optical

media, equipment or materials found to be in violation of

the

provisions

of

this

Act,

any

books,

records,

or

paraphernalia

providing

evidence

of

any

violation

committed by any person, establishment or entity, shall

be

confiscated

and

forfeited

in

the

favor

of

the

government and shall be disposed in accordance with

pertinent

laws

and

regulations:

Provided,

That

confiscated optical media may, pending consideration of

the

case,

be

immediately

destroyed

upon

final

determination by the OMB in an administrative case, or

by a court in a civil or criminal case, that are the same are

in violations of this Act: Provided, further, That a sufficient

representative sample shall be retained for evidentiary

purposes.

The

retained

representative

sample

shall

remain

in

custodia legis until the final resolution of proceedings

thereon.

Equipment and materials imported of this Act shall be

subject to seizure and immediate disposal by the Bureau

of Customs.

RA No 10667 | Philippine Competition Act

CHAPTER III PROHIBITED ACTS

Section 14. Anti-Competitive Agreements. –

(a)

The

following

agreements,

between

or

among

competitors, are per se prohibited:

(1) Restricting competition as to price, or components

thereof, or other terms of trade;

(2) Fixing price at an auction or in any form of bidding

including cover bidding, bid suppression, bid rotation and

market allocation and other analogous practices of bid

manipulation;

(b)

The

following

agreements,

between

or

among

competitors

which

have

the

object

or

effect

of

substantially

preventing,

restricting

or

lessening

competition shall be prohibited:

(1) Setting, Limiting, or controlling production, markets,

technical development, or investment;

(2) Dividing or sharing the market, whether by volume of

sales or purchases, territory, type of goods or services,

buyers or sellers or any other means;

(c) Agreements other than those specified in (a) and (b) of

this

section

which

have

the

object

or

effect

of

substantially

preventing,

restricting

or

lessening

competition shall also be prohibited: Provided, Those

which

contribute

to

improving

the

production

or

distribution

of

goods

and

services or to promoting

technical

or

economic

progress,

while

allowing

consumers a fair share of the resulting benefits, may not

necessarily be deemed a violation of this Act.

An entity that controls, is controlled by, or is under

common control with another entity or entities, have

common economic interests, and are not otherwise able

to decide or act independently of each other, shall not be

considered competitors for purposes of this section.

Section 15. Abuse of Dominant Position. – It shall be

prohibited

for

one

or

more

entities

to abuse their

dominant position by engaging in conduct that would

substantially prevent, restrict or lessen competition:

(a) Selling goods or services below cost with the object of

driving competition out of the relevant market: Provided ,

That in the Commission’s evaluation of this fact, it shall

consider whether the entity or entities have no such

object and the price established was in good faith to

meet or compete with the lower price of a competitor in

the same market selling the same or comparable product

or service of like quality;

(b) Imposing barriers to entry or committing acts that

prevent competitors from growing within the market in

an anti-competitive manner except those that develop in

the market as a result of or arising from a superior

product or process, business acumen, or legal rights or

laws;

(c) Making a transaction subject to acceptance by the

other parties of other obligations which, by their nature or

according to commercial usage, have no connection with

the transaction;

(d) Setting prices or other terms or conditions that

discriminate unreasonably between customers or sellers

of the same goods or services, where such customers or

sellers are contemporaneously trading on similar terms

and

conditions,

where the effect may be to lessen

competition substantially: Provided, That the following

shall be considered permissible price differentials:

(1) Socialized pricing for the less fortunate sector of the

economy;

(2) Price differential which reasonably or approximately

reflect differences in the cost of manufacture, sale, or

delivery

resulting

from

differing

methods,

technical

conditions, or quantities in which the goods or services

are sold or delivered to the buyers or sellers;

(3) Price differential or terms of sale offered in response to

the competitive price of payments, services or changes in

the facilities furnished by a competitor; and

(4)

Price

changes

in

response

to

changing

market

conditions, marketability of goods or services, or volume;

(e) Imposing restrictions on the lease or contract for sale

or trade of goods or services concerning where, to whom,

or in what forms goods or services may be sold or traded,

such as fixing prices, giving preferential discounts or

rebate upon such price, or imposing conditions not to

deal with competing entities, where the object or effect

of

the

restrictions

is

to

prevent,

restrict

or

lessen

competition

substantially:

Provided,

That

nothing

contained in this Act shall prohibit or render unlawful:

© Compiled By RGL

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