Article 155Act No. 3815, Sec./Art. 155

Alarms and scandals.-The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosive calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

4. Any person who while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of article 153 applicable.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Unjust Imprisonment or Detention and Victims of Violent

Crimes and for Other Purposes", so that the child may

claim compensation therein.

Section 15. Penalties and Sanctions. - The following

penalties

and

sanctions

are

hereby

established

for

offenses enumerated in this Act:

(a)

Any

person

found

guilty

of

syndicated

child

pornography as defined in Section 5 of this Act shall

suffer the penalty of reclusion perpetua and a fine of not

less than Two million pesos (Php2,000,000.00) but not

more than Five million pesos (Php5,000,000.00);

(b) Any person found guilty of violating Section 4(a), (b)

and (c) of this Act shall suffer the penalty of reclusion

temporal in its maximum period and a fine of not less

than One million pesos (Php1,000,000.00) but not more

than Two million (Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e)

and (f) of this Act shall suffer the penalty of reclusion

temporal in its medium period and a fine of not less than

Seven hundred fifty thousand pesos (Php750,000.00) but

not more than One million pesos (Php1,000,000.00);

(d) Any person found guilty of violating Section 4(g) of

this Act shall suffer the penalty of reclusion temporal in

its minimum period and a fine of not less than Five

hundred thousand pesos (Php500,000.00) but not more

than Seven hundred thousand pesos (Php700,000.00);

(e) Any person found guilty of violating Section 4(h) of this

Act

shall suffer the penalty of prision mayor in its

maximum period and a fine of not less than Three

hundred thousand pesos (Php300,000.00) but not more

than Five hundred thousand pesos (Php500,000.00);

(f) Any person found guilty of violating Section 4(I) of this

Act

shall suffer the penalty of prision mayor in its

minimum period and a fine of not less than Three

hundred thousand pesos (php300,000.00) but not more

than Five hundred thousand pesos (Php500,000.00);

(g) Any person found guilty of violating Section 4(j) of this

Act shall suffer the penalty of prision correccional in its

maximum period and a fine of not less than Two hundred

thousand pesos (Php200,000.00) but not more than

Three hundred thousand pesos (Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this

Act shall suffer the penalty of prision correccional in its

medium period and a fine of not less than One hundred

thousand pesos (php100,000.00) but not more than Two

hundred fifty thousand pesos (php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this

Act shall suffer the penalty of arresto mayor in its

minimum

period

and

a fine of not less than Fifty

thousand pesos (Php50,000.00) but not more than One

hundred thousand pesos (Php100,000.00);

(j) Any person found guilty of violating Section 11 of this

Act shall suffer the penalty of prision correccional in its

medium period and a fine of not less than One million

pesos (Php1,000,000.00) but not more than Two million

pesos (Php2,000,000.00) for the first offense. In the case

of a subsequent offense, the penalty shall be a fine not

less than Two million pesos (Php2,000,000.00) but not

more than Three million pesos (Php3,000,000.00) and

revocation of its license to operate and immediate closure

of the establishment;

(k) Any ISP found guilty of willfully and knowingly failing

to comply with the notice and installation requirements

under Section 9 of this Act shall suffer the penalty of a

fine of not less than Five hundred thousand pesos

(Php500,000.00) but not more than One million pesos

(Php1,000,000.00)

for

the

first

offense.

In

case

of

subsequent offense, the penalty shall be a fine of not less

than One million pesos (Php1,000,000.00) but not more

than Two million pesos (Php2,000,000.00) and revocation

of its license to operate;

(l) Any mall owner-operator and owner or lessor of other

business

establishments

including

photo

developers,

information

technology

professionals,

credit

card

companies

and

banks,

found

guilty

of willfully and

knowingly failing to comply with the notice requirements

under Section 10 of this Act shall suffer the penalty of a

fine of not less than One million pesos (Php1,000,000.00)

but not more than Two million pesos (Php2,000,000.00)

for the first offense. In the case of a subsequent offense,

the penalty shall be a fine of not less than Two million

pesos (Php2,000,000.00) but not more than Three million

pesos (Php3,000,000.00) and revocation of its license to

operate and immediate closure of the establishment; and

(m) Any person found guilty of violating Section 13 of this

Act shall suffer the penalty of arresto mayor in its

minimum period and a fine of not less than One hundred

thousand pesos (Php100,000.00) but not more than Three

hundred thousand pesos (Php300,000.00).

Section 16. Common Penal Provisions. -

(a) If the offender is a parent, ascendant, guardian,

step-parent or collateral relative within the third degree

of consanguinity or affinity or any person having control

or moral ascendancy over the child, the penalty provided

herein shall be in its maximum duration; Provided, That

this provision shall not apply to Section 4(g) of this Act;

(b) If the offender is a juridical person, the penalty shall be

imposed upon the owner, manager, partner, member of

the board of directors and/or any responsible officer who

participated in the commission of the crime or shall have

knowingly permitted or failed to prevent its commissions;

(c)

If

the

offender

is

a

foreigner,

he/she

shall

be

immediately

deported

after the complete service of

his/her

sentence

and

shall

forever

be

barred

from

entering the country; and

(d) The penalty provided for in this Act shall be imposed

in its maximum duration if the offender is a public officer

or employee.

Section 17. Confiscation and Forfeiture of the Proceeds,

Tools and Instruments Used in Child Pornography. - 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, tools and

instruments used in 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 deficiency shall be taken

from the confiscated and forfeited proceeds, tools and

instruments.

All proceeds derived from the sale of properties used for

the commission of any form of child pornography shall

accrue to the special account of the DSWD which shall be

used exclusively for the implementation of this Act.

When the proceeds, tools and instruments used in the

commission

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, tools and instruments used in the commission

of the offense.

Section

18.

Mandatory

Services to Victims of Child

Pornography. - To ensure recovery, rehabilitation and

reintegration into the mainstream of society concerned

government agencies and the LGUs shall make available

the following services to victims of any form of child

pornography:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services, which shall include information

about the victim's rights and the procedure for filing of

complaints, claims for compensation and such other legal

remedies available to them in a language understood by

the child;

© Compiled By RGL

155 of 201