Article 146Act No. 3815, Sec./Art. 146

Illegal assemblies.-The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents. Persons merely present at such meetings shall suffer the penalty of arresto mayor.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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

or pornography;

(f) To adopt persons by any form of consideration for

exploitative

purposes

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; or

(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; and

(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; and

(l) To organize or direct other persons to commit the

offenses defined as acts of trafficking under this Act.

(as amended)

Section 4-A . Attempted Trafficking in Persons. – 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, such overt

acts shall be deemed as an attempt to commit an act of

trafficking in persons. As such, an attempt to commit any

of the offenses enumerated in Section 4 of this Act shall

constitute attempted trafficking in persons.

In cases where the victim is a child, any of the following

acts shall also be deemed as attempted trafficking in

persons:

(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 child’s 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;

and

(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. (n)

Section 4-B. Accomplice Liability. – Whoever knowingly

aids, abets, cooperates in the execution of the offense by

previous or simultaneous acts defined in this Act shall be

punished in accordance with the provisions of Section

10(c) of this Act. (n)

Section 4-C. Accessories. – 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.

Acts

defined

in this provision shall be punished in

accordance with the provision of Section 10(d) as stated

thereto. (n)

Section 5. Acts that Promote Trafficking in Persons. - The

following acts which promote or facilitate trafficking in

persons, shall be unlawful:

(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; (as amended)

(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; and

© Compiled By RGL

146 of 201