Article 164Act No. 3815, Sec./Art. 164

Mutilation of coins-Importation and utterance of mutilated coins.-The penalty of prision correccional in its minimum period and a fine not to exceed 2,000 pesos shall be imposed upon any person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins, in connivance with mutilators or importers.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

disqualified

from

transacting

business

with

the

government.

(b) Private individuals who commit any of the following

acts, including any public officer, who conspires with

them, shall suffer the penalty of imprisonment of not less

than six (6) years and one (1) day but not more than

fifteen (15) years:

1. When two or more bidders agree and submit different

Bids as if they were bona fide, when they knew that one

or more of them was so much higher than the other that

it could not be honestly accepted and that the contract

will surely be awarded to the pre-arranged lowest Bid.

2. When a bidder maliciously submits different Bids

through two or more persons, corporations, partnerships

or any other business entity in which he has interest of

create the appearance of competition that does not in

fact exist so as to be adjudged as the winning bidder.

3. When two or more bidders enter into an agreement

which

call

upon

one

to

refrain

from

bidding

for

Procurement contracts, or which call for withdrawal of

bids already submitted, or which are otherwise intended

to secure as undue advantage to any one of them.

4. When a bidder, by himself or in connivance with others,

employ schemes which tend to restrain the natural rivalry

of the parties or operates to stifle or suppress competition

and thus produce a result disadvantageous to the public.

In addition, the persons involved shall also suffer the

penalty of temporary or perpetual disqualification from

public

office

and

be

permanently disqualified from

transacting business with the government.

(c) Private individuals who commit any of the following

acts, and any public officer conspiring with them, shall

suffer the penalty of imprisonment of not less than six (6)

years and one (1) day but more than fifteen (15) years:

1. Submit eligibility requirements of whatever kind and

nature

that

contain

false

information

or

falsified

documents calculated to influence the outcome of the

eligibility screening process or conceal such information

in the eligibility requirements when the information will

lead to a declaration of ineligibility from participating in

public bidding.

2. Submit Bidding Documents of whatever kind and

nature

than

contain

false

information

or

falsified

documents or conceal such information in the Bidding

Documents, in order to influence the outcome of the

public bidding.

3. Participate in a public bidding using the name of

another or allow another to use one's name for the

purpose of participating in a public bidding.

4. Withdraw a Bid, after it shall have qualified as the

Lowest Calculated Bid/Highest Rated Bid, or to accept

and award, without just cause or for the purpose of

forcing the Procuring Entity to award the contract to

another bidder. This shall include the non-submission of

requirements such as, but not limited to, performance

security, preparatory to the final award of the contract.

(d) When the bidder is a juridical entity, criminal liability

and the accessory penalties shall be imposed on its

directors, officers or employees who actually commit any

of the foregoing acts.

Section 66. Jurisdiction. - Jurisdiction over the offenses

defined under this Article shall belong to the appropriate

courts, according to laws existing at the time of the

commission of the offenses.

ARTICLE XXII

CIVIL LIABILITY

Section 67. Civil Liability in Case of Conviction. - Without

prejudice

to

administrative

sanctions

that

may

be

imposed in proper cases, a conviction under this Act or

Republic Act No. 3019 shall carry with it civil liability, which

may either consist of restitution for the damage done or

the

forfeiture

in

favor

of

the

government

of

any

unwarranted benefit derived from the act or acts in

question or both, at the discretion of the courts.

Section

68.

Liquidated

Damages.

-

All

contracts

executed in accordance with this Act shall contain a

provision on liquidated damages which shall be payable

in case of breach thereof. The amount thereof shall be

specified in the IRR.

RA No 9745 | Anti-Torture Act of 2009

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL,

INHUMAN

AND

DEGRADING

TREATMENT

OR

PUNISHMENT

AND

PRESCRIBING

PENALTIES

THEREFOR

Be it enacted by the Senate and House of

Representatives of the Philippines in Congress

assembled:

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

"Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared the

policy of the State:

(a) To value the dignity of every human person and

guarantee full respect for human rights;

(b) To ensure that the human rights of all persons,

including

suspects,

detainees

and

prisoners

are

respected at all times; and that no person placed under

investigation or held in custody of any person in authority

or, agent of a person authority shall be subjected to

physical, psychological or mental harm, force, violence,

threat or intimidation or any act that impairs his/her free

wi11 or in any manner demeans or degrades human

dignity;

(c)

To

ensure

that

secret

detention

places,

solitary,

incommunicado or other similar forms of detention,

where torture may be carried out with impunity, are

prohibited; and

(d) To fully adhere to the principles and standards on the

absolute condemnation and prohibition of torture as

provided for in the 1987 Philippine Constitution; various

international instruments to which the Philippines is a

State party such as, but not limited to, the International

Covenant

on

Civil

and

Political

Rights

(ICCPR),

the

Convention

on

the

Rights

of

the

Child

(CRC),

the

Convention

on

the

Elimination

of

All

Forms

of

Discrimination

Against

Women

(CEDAW)

and

the

Convention Against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (CAT); and all other

relevant international human rights instruments to which

the Philippines is a signatory.

Section 3. Definitions. - For purposes of this Act, the

following terms shall mean:

(a) "Torture" refers to an act by which severe pain or

suffering, whether physical or mental, is intentionally

inflicted on a person for such purposes as obtaining from

him/her or a third person information or a confession;

punishing him/her for an act he/she or a third person has

committed or is suspected of having committed; or

intimidating or coercing him/her or a third person; or for

any reason based on discrimination of any kind, when

such pain or suffering is inflicted by or at the instigation

of or with the consent or acquiescence of a person in

authority or agent of a person in authority. It does not

include pain or Buffering arising only from, inherent in or

incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or

punishment"

refers

to

a

deliberate

and

aggravated

treatment or punishment not enumerated under Section

4 of this Act, inflicted by a person in authority or agent of

a person in authority against a person under his/her

custody, which attains a level of severity causing suffering,

gross humiliation or debasement to the latter.

© Compiled By RGL

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