Article 123Act No. 3815, Sec./Art. 123

Qualified piracy.-The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

TITLE TWO

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CHAPTER ONE

ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP.

SECTION ONE.-Arbitrary detention and expulsion

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

public office, shall be imposed upon any public officer or

employee who misappropriates, misapplies or fails to

account for confiscated, seized or surrendered dangerous

drugs,

plant

sources of dangerous drugs, controlled

precursors

and

essential

chemicals,

instruments/paraphernalia and/or laboratory equipment

including the proceeds or properties obtained from the

unlawful acts as provided for in this Act.

Any elective local or national official found to have

benefited

from

the

proceeds

of

the

trafficking

of

dangerous drugs as prescribed in this Act, or have

received

any

financial

or

material

contributions

or

donations from natural or juridical persons found guilty of

trafficking dangerous drugs as prescribed in this Act,

shall be removed from office and perpetually disqualified

from holding any elective or appointive positions in the

government,

its

divisions,

subdivisions,

and

intermediaries,

including

government-owned

or

–controlled corporations.

Section 28. Criminal Liability of Government Officials

and

Employees .

–

The

maximum

penalties

of

the

unlawful acts provided for in this Act shall be imposed, in

addition to absolute perpetual disqualification from any

public office, if those found guilty of such unlawful acts

are government officials and employees.

Section 29. Criminal Liability for Planting of Evidence . –

Any

person

who

is

found

guilty

of

"planting"

any

dangerous drug and/or controlled precursor and essential

chemical, regardless of quantity and purity, shall suffer

the penalty of death.

Section 30. Criminal Liability of Officers of Partnerships,

Corporations, Associations or Other Juridical Entities . – In

case

any

violation

of

this

Act

is

committed

by

a

partnership,

corporation,

association

or

any

juridical

entity, the partner, president, director, manager, trustee,

estate

administrator,

or

officer

who

consents

to or

knowingly tolerates such violation shall be held criminally

liable as a co-principal.

The penalty provided for the offense under this Act shall

be

imposed

upon

the

partner,

president,

director,

manager, trustee, estate administrator, or officer who

knowingly authorizes, tolerates or consents to 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

such

vehicle,

vessel,

aircraft,

equipment or other instrument is owned by or under the

control or supervision of the partnership, corporation,

association or juridical entity to which they are affiliated.

Section 31. Additional Penalty if Offender is an Alien . – 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 the

penalty is death.

Section 32. Liability to a Person Violating Any Regulation

Issued by the Board. – The penalty of imprisonment

ranging from six (6) months and one (1) day to four (4)

years and a fine ranging from Ten thousand pesos

(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be

imposed upon any person found violating any regulation

duly issued by the Board pursuant to this Act, in addition

to the administrative sanctions imposed by the Board.

Section 33. Immunity from Prosecution and Punishment .

– Notwithstanding the provisions of Section 17, Rule 119 of

the

Revised

Rules

of

Criminal

Procedure

and

the

provisions

of Republic Act No. 6981 or the Witness

Protection, Security and Benefit Act of 1991, any person

who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of

this Act, who voluntarily gives information about any

violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II 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; and who willingly testifies

against

such

persons

as

described

above,

shall

be

exempted

from

prosecution

or

punishment

for

the

offense with reference to which his/her information of

testimony were given, and may plead or prove the giving

of

such

information

and

testimony

in

bar

of such

prosecution:

Provided,

That

the

following

conditions

concur:

(1) The information and testimony are necessary for the

conviction of the persons described above;

(2) Such information and testimony are not yet in the

possession of the State;

(3) Such information and testimony can be corroborated

on its material points;

(4) 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; and

(5) The informant or witness shall strictly and faithfully

comply without delay, any condition or undertaking,

reduced into writing, lawfully imposed by the State as

further consideration for the grant of immunity from

prosecution and punishment.

Provided, further , That this immunity may be enjoyed by

such informant or witness who does not appear to be

most guilty for the offense with reference to which his/her

information or testimony were given: Provided, finally ,

That there is no direct evidence available for the State

except for the information and testimony of the said

informant or witness.

Section 34. Termination of the Grant of Immunity. – The

immunity

granted

to

the

informant

or

witness,

as

prescribed in Section 33 of this Act, shall not attach

should it turn out subsequently that the information

and/or testimony is false, malicious or made only for the

purpose of harassing, molesting or in any way prejudicing

the persons described in the preceding Section against

whom such information or testimony is directed against.

In such case, the informant or witness shall be subject to

prosecution and the enjoyment of all rights and benefits

previously accorded him under this Act or any other law,

decree or order shall be deemed terminated.

In case an informant or witness under this Act fails or

refuses to testify without just cause, and when lawfully

obliged to do so, or should he/she violate any condition

accompanying such immunity as provided above, his/her

immunity shall be removed and he/she shall likewise be

subject to contempt and/or criminal prosecution, as the

case may be, and the enjoyment of all rights and benefits

previously accorded him under this Act or in any other

law, decree or order shall be deemed terminated.

In case the informant or witness referred to under this Act

falls under the applicability of this Section hereof, such

individual cannot avail of the provisions under Article VIII

of this Act.

Section 35. Accessory Penalties. – A person convicted

under this Act shall be disqualified to exercise his/her civil

rights such as but not limited to, the rights of parental

authority or guardianship, either as to the person or

property of any ward, the rights to dispose of such

property by any act or any conveyance inter vivos , and

political rights such as but not limited to, the right to vote

and be voted for. Such rights shall also be suspended

during the pendency of an appeal from such conviction.

ARTICLE III Dangerous Drugs Test and Record

Requirements

Section 36. Authorized Drug Testing . – Authorized drug

testing

shall

be

done

by

any

government

forensic

laboratories or by any of the drug testing laboratories

accredited and monitored by the DOH to safeguard the

quality of test results. The DOH shall take steps in setting

© Compiled By RGL

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