Article 148Act No. 3815, Sec./Art. 148

Direct assaults.-Any person or persons who, direct assaults, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority.

If none of these circumstances be present the penalty of prision correccional in its minimum period and a fine not exceeding 500 pesos shall be imposed.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

a fine of not less than Two million pesos (P2,000,000.00)

but not more than Five million pesos (P5,000,000.00);

(f) Any person who violates Section 7 hereof shall suffer

the penalty of 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);

(g)

If

the

offender

is

a

corporation,

partnership,

association, club, establishment or any juridical person,

the penalty shall be imposed upon the owner, president,

partner, manager, and/or any responsible officer who

participated in the commission of the crime or who shall

have

knowingly

permitted

or

failed

to

prevent

its

commission;

(h) The registration with the Securities and Exchange

Commission (SEC) and license to operate of the erring

agency, corporation, association, religious group, tour or

travel agent, club or establishment, or any place of

entertainment

shall

be

cancelled

and

revoked

permanently. The owner, president, partner or manager

thereof

shall

not

be

allowed

to

operate

similar

establishments in a different name;

(i) If the offender is a foreigner, he or she shall be

immediately deported after serving his or her sentence

and be barred permanently from entering the country;

(j) Any employee or official of government agencies who

shall

issue

or

approve

the

issuance

of

travel

exit

clearances, passports, registration certificates, counseling

certificates,

marriage

license,

and

other

similar

documents

to

persons,

whether

juridical or natural,

recruitment agencies, establishments or other individuals

or groups, who fail to observe the prescribed procedures

and the requirement as provided for by laws, rules and

regulations, shall be held administratively liable, without

prejudice

to

criminal

liability

under

this

Act.

The

concerned government official or employee shall, upon

conviction, be dismissed from the service and be barred

permanently to hold public office. His or her retirement

and other benefits shall likewise be forfeited; and

(k) Conviction, by final judgment of the adopter for any

offense under this Act shall result in the immediate

rescission of the decree of adoption.

(as amended)

Section 11. Use of Trafficked Persons . - Any person who

buys or engages the services of a trafficked person for

prostitution

shall

be

penalized

with

the

following:

Provided, That the Probation Law (Presidential Decree No.

968) shall not apply:

(a) Prision Correccional in its maximum period to prision

mayor or six (6) years to twelve (12) years imprisonment

and

a

fine

of

not

less

than

Fifty

thousand

pesos

(P50,000.00) but not more than One hundred thousand

pesos

(P100,000.00):

Provided,

however,

That

the

following acts shall be exempted thereto:

(1) If an offense under paragraph (a) involves sexual

intercourse or lascivious conduct with a child, the penalty

shall be reclusion temporal in its medium period to

reclusion perpetua or seventeen (17) years to forty (40)

years imprisonment 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);

(2) If an offense under paragraph (a) involves carnal

knowledge of, or sexual intercourse with, a male or female

trafficking victim and also involves the use of force or

intimidation, to a victim deprived of reason or to an

unconscious victim, or a victim under twelve (12) years of

age,

instead

of

the

penalty

prescribed

in

the

subparagraph above the penalty shall be a fine of not less

than One million pesos (P1,000,000.00) but not more

than

Five

million

pesos

(P5,000,000.00)

and

imprisonment of reclusion perpetua or forty (40) years

imprisonment with no possibility of parole; except that if

a person violating paragraph (a) of this section knows the

person that provided prostitution services is in fact a

victim of trafficking, the offender shall not be likewise

penalized under this section but under Section 10 as a

person violating Section 4; and if in committing such an

offense,

the

offender

also

knows

a

qualifying

circumstance

for

trafficking,

the

offender

shall

be

penalized under Section 10 for qualified trafficking. If in

violating this section the offender also violates Section 4,

the offender shall be penalized under Section 10 and, if

applicable, for qualified trafficking instead of under this

section;

(b) Deportation. – If a foreigner commits any offense

described by paragraph (1) or (2) of this section or violates

any pertinent provision of this Act as an accomplice or

accessory to, or by attempting any such offense, he or she

shall be immediately deported after serving his or her

sentence and be barred permanently from entering the

country; and

(c) Public Official. – If the offender is a public official, he or

she shall be dismissed from service and shall suffer

perpetual absolute disqualification to hold public, office,

in

addition

to

any

imprisonment

or

fine

received

pursuant to any other provision of this Act. (as amended)

Section 12. Prescriptive Period . - Trafficking cases under

this

Act

shall

prescribe

in

ten

(10)

years: Provided,

however, That trafficking cases committed by a syndicate

or in a large scale as defined under Section 6, or against a

child, shall prescribe in twenty (20) years.

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. (as

amended)

Section 13. Exemption from Filing Fees. - When the

trafficked person institutes a separate civil action for the

recovery of civil damages, he/she shall be exempt from

the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds

and Instruments Derived from Trafficking in Persons . - In

addition to the penalty imposed for the violation of this

Act, the court shall order the confiscation and forfeiture,

in favor of the government, of all the proceeds and

properties derived from the commission of the crime,

unless they are the property of a third person not liable

for the unlawful act; Provided, however, That all awards

for damages shall be taken from the personal and

separate properties of the offender; Provided, further,

That if such properties are insufficient, the balance shall

be taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the

offense have been destroyed, diminished in value or

otherwise rendered worthless by any act or omission,

directly or indirectly, of the offender, or it has been

concealed, removed, converted or transferred to prevent

the same from being found or to avoid forfeiture or

confiscation, the offender shall be ordered to pay the

amount equal to the value of the proceeds, property or

instruments of the offense.

Section 15. Trust Fund . - All fines imposed under this Act

and

the

proceeds

and

properties

forfeited

and

confiscated pursuant to Section 14 hereof shall accrue to

a Trust Fund to be administered and managed by the

Council to be used exclusively for programs that will

prevent

acts

of

trafficking

and

protect,

rehabilitate,

reintegrate trafficked persons into the mainstream of

society. Such programs shall include, but not limited to,

the following:

(a) Provision for mandatory services set forth in Section 23

of this Act;

(b)

Sponsorship

of

a

national

research program on

trafficking and establishment of a data collection system

for monitoring and evaluation purposes;

© Compiled By RGL

148 of 201