Article 169Act No. 3815, Sec./Art. 169

How forgery is committed.-The forgery referred to in this section may be committed by any of the following means:

1. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

SECTION FOUR.-Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and telephone messages

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

disclose the victim’s whereabouts to his or her immediate

family,

relatives,

lawyer/s

or

to

a

human

rights

organization by the most expedient means.

Section 10. Official Up-to-Date Register of All Persons

Detained or Confined. - All persons detained or confined

shall

be

placed

solely

in

officially

recognized

and

controlled places of detention or confinement where an

official

up-to-date

register of such persons shall be

maintained. Relatives, lawyers, judges, official bodies and

all

persons

who

have

legitimate

interest

in

the

whereabouts and condition of the persons deprived of

liberty shall have free access to the register.

The following details, among others, shall be recorded, in

the register:

(a) The identity or name, description and address of the

person deprived of liberty;

(b) The date, time and location where the person was

deprived of liberty and the identity of the person who

made such deprivation of liberty;

(c) The authority who decided the deprivation of liberty

and the reasons for the deprivation of liberty or the crime

or offense committed;

(d) The authority controlling the deprivation of liberty;

(e) The place of deprivation of liberty, the date and time of

admission to the place of deprivation of liberty and the

authority responsible for the place of deprivation of

liberty;

(f)

Records

of

physical,

mental

and

psychological

condition of the detained or confined person before and

after the deprivation of liberty and the name and address

of the physician who examined him or her physically,

mentally and medically;

(g) The date and time of release or transfer of the

detained

or

confined

person

to

another

place

of

detention, the destination and the authority responsible

for the transfer;

(h) The date and time of each removal of the detained or

confined person from his or her cell, the reason or

purpose for such removal and the date and time of his or

her return to his or her cell;

(i) A summary of the physical, mental and medical

findings of the detained or confined person after each

interrogation;

(j) The names and addresses of the persons who visit the

detained or confined person and the date and time of

such visits and the date and time of each departure;

(k) In the event of death during the deprivation of liberty,

the identity, the circumstances and cause of death of the

victim as well as the destination of the human remains;

and

(l) All other important events bearing on and all relevant

details

regarding

the

treatment

of the detained or

confined person.

Provided, That the details required under letters (a) to (f)

shall be entered immediately in the register upon arrest

and/or detention.

All information contained in the register shall be regularly

or upon request reported to the CHR or any other agency

of government tasked to monitor and protect human

rights and shall be made available to the public.

Section 11. Submission of List of Government Detention

Facilities. –Within six (6) months from the effectivity of

this Act and as may be requested by the CHR thereafter,

all government agencies concerned shall submit an

updated inventory or list of all officially recognized and

controlled detention or confinement facilities, and the list

of detainees or persons deprived of liberty under their

respective jurisdictions to the CHR.

Section 12. Immediate Issuance and Compliance of the

Writs of Habeas Corpus, Amparo and Habeas Data. – All

proceedings pertaining to the issuance of the writs of

habeas

corpus,

amparo

and

habeas data shall be

dispensed with expeditiously. As such, all courts and

other

concerned

agencies

of government shall give

priority to such proceedings.

Moreover, any order issued or promulgated pursuant to

such

writs

or

their

respective

proceedings shall be

executed and complied with immediately.

Section 13. Visitation /Inspection of Places of Detention

and,

Confinement. –The CHR or its duly authorized

representatives are hereby mandated and authorized to

conduct

regular,

independent,

unannounced

and

unrestricted

visits

to

or

inspection

of

all

places

of

detention and confinement.

Section 14. Liability of Commanding Officer or Superior. -

The

immediate

commanding

officer

of

the

unit

concerned of the AFP or the immediate senior official of

the PNP and other law enforcement agencies shall be

held liable as a principal to the crime of enforced or

involuntary disappearance for acts committed by him or

her that shall have led, assisted, abetted or allowed,

whether directly or indirectly, the commission thereof by

his or her subordinates. If such commanding officer has

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

should have known that an enforced or involuntary

disappearance

is

being

committed,

or

has

been

committed by subordinates or by others within the

officer’s

area

of

responsibility

and,

despite

such

knowledge, did not take preventive or coercive action

either before, during or immediately after its commission,

when he or she has the authority to prevent or investigate

allegations of enforced or involuntary disappearance but

failed to prevent or investigate such allegations, whether

deliberately or due to negligence, shall also be held liable

as principal.

Section 15. Penal Provisions. – (a) The penalty of reclusion

perpetua and its accessory penalties shall be imposed

upon the following persons:

(1) Those who directly committed the act of enforced or

involuntary disappearance;

(2) Those who directly forced, instigated, encouraged or

induced

others

to

commit

the

act

of

enforced

or

involuntary disappearance;

(3) Those who cooperated in the act of enforced or

involuntary disappearance by committing another act

without

which

the

act

of

enforced

or

involuntary

disappearance would not have been consummated;

(4) Those officials who allowed the act or abetted in the

consummation of enforced or involuntary disappearance

when it is within their power to stop or uncover the

commission thereof; and

(5) Those who cooperated in the execution of the act of

enforced or involuntary disappearance by previous or

simultaneous acts.

(b) The penalty of reclusion temporal and its accessory

penalties shall be imposed upon those who shall commit

the act of enforced or involuntary disappearance in the

attempted stage as provided for and defined under

Article 6 of the Revised Penal Code.

(c) The penalty of reclusion temporal and its accessory

penalties

shall also be imposed upon persons who,

having knowledge of the act of enforced or involuntary

disappearance and without having participated therein,

either as principals or accomplices, took part subsequent

to its commission in any of the following manner:

(1) By themselves profiting from or assisting the offender

to profit from the effects of the act of enforced or

involuntary disappearance;

(2) By concealing the act of enforced or involuntary

disappearance

and/or

destroying

the

effects

or

instruments thereof in order to prevent its discovery; or

(3) By harboring, concealing or assisting in the escape of

the principal/s in the act of enforced or involuntary

disappearance, provided such accessory acts are done

with the abuse of official functions.

© Compiled By RGL

169 of 201