Article 166Act No. 3815, Sec./Art. 166

Forging treasury or bank notes or other documents payable to bearer; importing, and uttering such false or forged notes and documents.-The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows:

1. By reclusion temporal in its minimum period and a fine not to exceed 10,000 pesos, if the document which has been falsified, counterfeited, or altered is an obligation or security of the United States or of the Philippine Islands.

The words "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, coupons, United States or Philippine Islands notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or the Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to exceed 5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same.

3. By prision mayor in its medium period and a fine not to exceed 5,000 pesos, if the falsified or counterfeited document was issued by a foreign government.

4. By prision mayor in its minimum period and a fine not to exceed 2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

following rights in the institution of a criminal complaint

for torture:

(a) To have a prompt and an impartial investigation by the

CHR and by agencies of government concerned such as

the Department of Justice (DOJ), the Public Attorney's

Office

(PAO),

the

PNP,

the

National

Bureau

of

Investigation (NBI) and the AFP. A prompt investigation

shall mean a maximum period of sixty (60) working days

from the time a complaint for torture is filed within which

an

investigation

report

and/or

resolution

shall

be

completed and made available. An appeal whenever

available

shall

be

resolved

within

the

same

period

prescribed herein,

(b) To have sufficient government protection against all

forms of harassment; threat and/or intimidation as a

consequence

of the filing of said complaint or the

presentation of evidence therefor. In which case, the

State

through

its

appropriate

agencies

shall

afford

security in order to ensure his/her safety and all other

persons involved in the investigation and prosecution

such as, but not limited to, his/her lawyer, witnesses and

relatives; and

(c) To be accorded sufficient protection in the manner by

which he/she testifies and presents evidence in any fora

in order to avoid further trauma.

Section

10.

Disposition

of

Writs

of Habeas Corpus,

Amparo and Habeas Data Proceedings and Compliance

with a Judicial 07'der. - A writ of habeas corpus or writ of

amparo or writ of habeas data proceeding, if any, filed on

behalf of the victim of torture or other cruel, degrading

and inhuman treatment or punishment shall be disposed

of expeditiously and any order of release by virtue thereof,

or other appropriate order of a court relative thereto, shall

be executed or complied with immediately.

Section 11. Assistance in Filing a Complaint. - The CHR

and

the

PAO

shall

render

legal

assistance

in

the

investigation

and

monitoring

and/or

filing

of

the

complaint for a person who suffers torture and other

cruel, inhuman and degrading treatment or punishment,

or for any interested party thereto.

The

victim

or

interested party may also seek legal

assistance from the Barangay Human Rights Action

Center (BRRAC) nearest him/her as well as from human

rights nongovernment organizations (NGOs).

Section 12. Right to' Physical, Medical and Psychological

Examination.

-

Before

and after interrogation, every

person arrested, detained or under custodial investigation

shall have the right to he informed of his/her right to

demand physical examination by an independent and

competent doctor of his/her own choice. If such person

cannot afford the services of his/her own doctor, he/she

shall he provided by the State with a competent and

independent doctor to conduct physical examination.

The State shall endeavor to provide the victim with

psychological

evaluation

if

available

under

the

circumstances. If the person arrested is a female, she shall

be

attended

to

preferably

by

a

female

doctor.

Furthermore, any person arrested, detained or under

custodial

investigation,

including

his/her

immediate

family, shall have the right to immediate access to proper

and

adequate

medical

treatment.

The

physical

examination and/or psychological evaluation of the victim

shall be contained in a medical report, duly signed by the

attending physician, which shall include in detail his/her

medical history and findings, and which shall he attached

to the custodial investigation report. Such report shall be

considered a public document.

Following applicable protocol agreed upon by agencies

tasked to conduct physical, psychological and mental

examinations, the medical reports shall, among others,

include:

(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the

patient or victim;

(c) The name and address of the person who brought the

patient or victim for physical, psychological and mental

examination, and/or medical treatment;

(d) The nature and probable cause of the patient or

victim's injury, pain and disease and/or trauma;

(e) The approximate time and date when the injury, pain,

disease and/or trauma was/were sustained;

(f) The place where the injury, pain, disease and/or trauma

was/were sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the

patient.

Any person who does not wish to avail of the rights under

this provision may knowingly and voluntarily waive such

rights in writing, executed in the presence and assistance

of his/her counsel.

Section 13. Who are Criminally Liable. - Any person who

actually

participated

Or

induced

another

in

the

commission of torture or other cruel, inhuman and

degrading treatment or punishment or who cooperated

in the execution of the act of torture or other cruel,

inhuman and degrading treatment or punishment by

previous or simultaneous acts shall be liable as principal

Any superior military, police or law enforcement officer or

senior government official who issued an order to any

lower ranking personnel to commit torture for whatever

purpose shall be held equally liable as principals.

The

immediate

commanding

officer

of

the

unit

concerned of the AFP or the immediate senior public

official of the PNP and other law enforcement agencies

shall be held liable as a principal to the crime of torture or

other cruel or inhuman and degrading treatment or

punishment

for

any

act or omission, or negligence

committed by him/her that shall have led, assisted,

abetted or allowed, whether directly or indirectly, the

commission thereof by his/her subordinates. If he/she has

knowledge of or, owing to the circumstances at the time,

should have known that acts of torture or other cruel,

inhuman and degrading treatment or punishment shall

be

committed,

is

being

committed,

or

has

been

committed by his/her subordinates or by others within

his/her

area

of

responsibility

and,

despite

such

knowledge, did not take preventive or corrective action

either before, during or immediately after its commission,

when he/she has the authority to prevent or investigate

allegations

of

torture

or

other

cruel,

inhuman

and

degrading treatment or punishment but failed to prevent

or

investigate

allegations

of

such

act,

whether

deliberately or due to negligence shall also be liable as

principals.

Any public officer or employee shall be liable as an

accessory if he/she has knowledge that torture or other

cruel, inhuman and degrading treatment or punishment

is being committed and without having participated

therein, either as principal or accomplice, takes part

subsequent to its commission in any of the following

manner:

(a) By themselves profiting from or assisting the offender

to profit from the effects of the act of torture or other

cruel, inhuman and degrading treatment or punishment;

(b) By concealing the act of torture or other cruel,

inhuman

and

degrading

treatment

or

punishment

and/or destroying the effects or instruments thereof in

order

to

prevent

its

discovery;

or(c)

By

harboring,

concealing or assisting m the escape of the principal/s in

the act of torture or other cruel, inhuman and degrading

treatment or punishment: Provided, That the accessory

acts are done with the abuse of the official's public

functions.

Section 14. Penalties. - (a) The penalty of reclusion

perpetua shall be imposed upon the perpetrators of the

following acts:

(1) Torture resulting in the death of any person;

© Compiled By RGL

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