Article 152Act No. 3815, Sec./Art. 152

Person in authority-Who shall be deemed as such.-In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority.

CHAPTER FIVE

PUBLIC DISORDERS

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

reintegration of the trafficked persons shall be adopted

and carried out.

Section 24. Other Services for Trafficked Persons. -

(a)

Legal

Assistance .

-

Trafficked

persons

shall

be

considered

under

the category "Overseas Filipino in

Distress" and may avail of the legal assistance created by

Republic Act No. 8042, subject to the guidelines as

provided by law.

(b) Overseas Filipino Resource Centers . - The services

available to overseas Filipinos as provided for by Republic

Act No. 8042 shall also be extended to trafficked persons

regardless of their immigration status in the host country.

(c) The Country Team Approach . - The country team

approach under Executive Order No. 74 of 1993, shall be

the

operational

scheme

under

which

Philippine

embassies abroad shall provide protection to trafficked

persons insofar as the promotion of their welfare, dignity

and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA,

in

coordination

with

DOLE

and

other

appropriate

agencies, shall have the primary responsibility for the

repatriation of trafficked persons, regardless of whether

they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall

expose the victims to greater risks, the DFA shall make

representation

with

the

host

government

for

the

extension

of

appropriate

residency

permits

and

protection, as may be legally permissible in the host

country.

Section 26. Extradition. - The DOJ, in consultation with

DFA, shall endeavor to include offenses of trafficking in

persons among extraditable offenses.

Section 26-A. Extra-Territorial Jurisdiction. – The State

shall

exercise

jurisdiction

over

any act defined and

penalized under this Act, even if committed outside the

Philippines

and

whether

or

not

such

act

or

acts

constitute an offense at the place of commission, the

crime

being

a

continuing

offense,

having

been

commenced

in

the

Philippines

and other elements

having been committed in another country, if the suspect

or accused:

(a) Is a Filipino citizen; or

(b) Is a permanent resident of the Philippines; or

(c) Has committed the act against a citizen of the

Philippines.

No prosecution may be commenced against a person

under this section if a foreign government, in accordance

with

jurisdiction

recognized

by

the

Philippines,

has

prosecuted or is prosecuting such person for the conduct

constituting such offense, except upon the approval of

the Secretary of Justice.

The government may surrender or extradite persons

accused

of

trafficking

in

the

Philippines

to

the

appropriate international court if any, or to another State

pursuant to the applicable extradition laws and treaties.

(n)

Section 27. Reporting Requirements. - The Council shall

submit

to

the

President

of

the

Philippines

and to

Congress an annual report of the policies, programs and

activities relative to the implementation of this Act.

Section

28.

Funding.

-

The

amount

necessary

to

implement the provisions of this Act shall be charged

against

the

current

year’s

appropriations

of

the

Inter-Agency

Council

Against

Trafficking

under

the

budget of the DOJ and the appropriations of the other

concerned departments. Thereafter, such sums as may

be necessary for the continued implementation of this

Act

shall

be

included

in

the

annual

General

Appropriations Act. (as amended)

Section 28-A. Additional Funds for the Council. – The

amount

collected

from

every

penalty, fine or asset

derived from any violation of this Act shall be earmarked

as additional funds for the use of the Council. The fund

may

be

augmented

by

grants,

donations

and

endowment from various sources, domestic or foreign,

for purposes related to their functions, subject to the

existing

accepted

rules

and

regulations

of

the

Commission on Audit. (n)

Section 29. Implementing Rules and Regulations. - The

Council shall promulgate the necessary implementing

rules and regulations within sixty (60) days from the

effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of

Association, Religion and the Right to Travel. - Nothing in

this Act shall be interpreted as a restriction of the

freedom of speech and of association, religion and the

right

to

travel for purposes not contrary to law as

guaranteed by the Constitution.

Section 31. Separability Clause. - If, for any reason, any

section or provision of this Act is held unconstitutional or

invalid, the other sections or provisions hereof shall not be

affected thereby.

Section 32. Repealing clause. - Article 202 of the Revised

Penal Code, as amended, and all laws, acts, presidential

decrees, executive orders, administrative orders, rules and

regulations inconsistent with or contrary to the provisions

of this Act are deemed amended, modified or repealed

accordingly: Provided, That this Act shall not in any way

amend or repeal the provisions of Republic Act No. 7610,

otherwise known as the ‘Special Protection of Child

Against Child Abuse, Exploitation and Discrimination Act’.

(as amended)

Section 33. Effectivity. - This Act shall take effect fifteen

(15) days following its complete publication in at least two

(2) newspapers of general circulation. (as amended)

RA No 9775 | Anti-Child Pornography Act of

2009

Republic Act No. 9775

AN ACT DEFINING THE CRIME OF CHILD

PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR

AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

Section 1. Short Title. - This Act shall be known as the

"Anti-Child Pornography Act of 2009."

Section 2. Declaration of Policy. - The State recognizes

the vital role of the youth in nation building and shall

promote

and

protect

their

physical,

moral, spiritual,

intellectual,

emotional,

psychological

and

social

well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from

all

forms

of

neglect,

cruelty

and

other

conditions

prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and

abuse including, but not limited to:

(1) the use of a child in pornographic performances and

materials; and

(2) the inducement or coercion of a child to engage or be

involved in pornography through whatever means; and

(c)

Comply

with

international

treaties

to which the

Philippines is a signatory or a State party concerning the

rights of children which include, but not limited to, the

Convention on the Rights of the Child, the Optional

Protocol to the Convention on the Rights of the Child of

the Child on the Sale of Children, Child Prostitution and

Child Pornography, the International Labor Organization

(ILO) Convention No.182 on the Elimination of the Worst

Forms

of

Child

Labor

and

the

Convention

Against

Transnational Organized Crime.

Section 3. Definition of Terms. -

© Compiled By RGL

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