Article 170Act No. 3815, Sec./Art. 170

Falsification of legislative documents.-The penalty of prision correccional in its maximum period and a fine not exceeding 6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(d) The penalty of prision correctional and its accessory

penalties shall be imposed against persons who defy,

ignore or unduly delay compliance with any order duly

issued or promulgated pursuant to the writs of habeas

corpus, amparo and habeas data or their respective

proceedings.

(e)

The

penalty of arresto mayor and its accessory

penalties shall be imposed against any person who shall

violate the provisions of Sections 6, 7, 8, 9 and 10 of this

Act.

Section 16. Preventive Suspension/Summary Dismissal.

–Government officials and personnel who are found to be

perpetrators of or participants in any manner in the

commission of enforced or involuntary disappearance as

a result of a preliminary investigation conducted for that

purpose shall be preventively suspended or summarily

dismissed from the service, depending on the strength of

the evidence so presented and gathered in the said

preliminary investigation or as may be recommended by

the investigating authority.

Section

17.

Civil

Liability.

–The

act

of

enforced

or

involuntary disappearance shall render its perpetrators

and the State agencies which organized, acquiesced in or

tolerated such disappearance liable under civil law.

Section 18. Independent Liability. –The criminal liability of

the offender under this Act shall be independent of or

without prejudice to the prosecution and conviction of

the said offender for any violation of Republic Act No.

7438, otherwise known as "An Act Defining Certain Rights

of

Person

Arrested,

Detained

or

Under

Custodial

Investigation as well as the Duties of the Arresting,

Detaining,

and

Investigating

Officers,

and

Providing

Penalties for Violations Thereof’; Republic Act No. 9745,

otherwise known as "An Act Penalizing Torture and Other

Cruel,

Inhuman

and

Degrading

Treatment

or

Punishment, and Prescribing Penalties Therefor"; and

applicable provisions of the Revised Penal Code.

Section 19. Nonexclusivity or Double Jeopardy Under

International Law . – Any investigation, trial and decision

in any Philippines court, or body for any violation of this

Act shall; be without prejudice to any investigation, trial,

decision or any other legal or administrative process

before any appropriate international court or agency

under

applicable

international

human

rights

and

humanitarian law.

Section 20. Exemption from Prosecution . – Any offender

who volunteers information that leads to the discovery of

the victim of enforced or involuntary disappearance or

the prosecution of the offenders without the victim being

found shall be exempt from any criminal and/or civil

liability under this Act: Provided , That said offender does

not appear to be the most guilty.

Section 21. Continuing Offense . – An act constituting

enforced

or

involuntary

disappearance

shall

be

considered

a

continuing

offense

as

long

as

the

perpetrators

continue

to

conceal

the

fate

and

whereabouts

of

the

disappeared

person

and

such

circumstances have not been determined with certainty.

Section 22. Statute of Limitations Exemption . – The

prosecution

of

persons

responsible

for

enforced

or

involuntary disappearance shall not prescribe unless the

victim surfaces alive. In which case, the prescriptive

period shall be twenty-five (25) years from the date of

such reappearance.

Section 23. Special Amnesty Law Exclusion. – Persons

who are changed with and/or guilty of the act of enforced

or involuntary disappearance shall not benefit from any

special amnesty law or other similar executive measures

that shall exempt them from any penal proceedings or

sanctions.

Section 24. State Protection – The State, through its

appropriate

agencies,

shall

ensure

the

safety

of

all

persons

involved

in

the

search,

investigation

and

prosecution of enforced or involuntary disappearance

including, but not limited to, the victims, their families,

complainants,

witnesses,

legal

counsel

and

representatives

of

human

rights

organizations

and

media.

They

shall

likewise

be

protected

from

any

intimidation or reprisal.

Section 25. Applicability of Refouler. –No person shall be

expelled, returned or extradited to another State where

there are substantial grounds to believe that such person

shall be in danger of being subjected to enforced or

involuntary disappearance. For purposes of determining

whether

such

grounds

exist,

the

Secretary

of

the

Department, of Foreign Affairs (DFA) and the Secretary of

the Department of Justice (DOJ) in coordination with the

Chairperson of the CHR, shall take into account all

relevant considerations including where applicable and

not limited to, the existence in the requesting State of a

consistent pattern of gross, flagrant or mass violations of

human rights.

Section 26. Restitution and Compensation to Victims of

Enforced

or

Involuntary Disappearance and/or Their

Immediate

Relatives.

–The

victims

of

enforced

or

involuntary disappearance who surface alive shall be

entitled to monetary compensation, rehabilitation and

restitution of honor and reputation. Such restitution of

honor and reputation shall include immediate expunging

or rectification of any derogatory record, information or

public

declaration/statement

on

his

or

her

person,

personal

circumstances,

status,

and/or

organizational

affiliation

by

the appropriate government or private

agency or agencies concerned.

The

immediate

relatives

of a victim of enforced or

involuntary disappearance, within the fourth civil degree

of

consanguinity

or

affinity,

may

also

claim

for

compensation as provided for under Republic Act No.

7309, entitled "An Act Creating a Board of Claims under

the

Department

of

Justice

for

Victims

of

Unjust

Imprisonment or Detention and Victims of Violent Crimes

and For Other Purposes", and other relief programs of the

government.

The package of indemnification for both the victims and

the immediate relatives within the fourth civil degree of

consanguinity or affinity shall be without prejudice to

other legal remedies that may be available to them.

Section

27.

Rehabilitation

of

Victims

and/or

Their

Immediate Relatives, and Offenders. – In order that the

victims of enforced or involuntary disappearance who

surfaced alive and/or their immediate relatives within the

fourth civil degree of consanguinity or affinity, may be

effectively reintegrated into the mainstream of society

and in the process of development, the State, through

the CHR, in coordination with the Department of Health,

the Department of Social Welfare and Development

(DSWD)

and

the

concerned

nongovernment

organization/s,

shall

provide

them

with

appropriate

medical care and rehabilitation free of charge.

Toward the attainment of restorative justice, a parallel

rehabilitation program for persons who have committed

enforced or involuntary disappearance shall likewise be

implemented without cost to such offenders.

Section 28. Implementing Rules and Regulations. –

Within thirty (30) days from the effectivity of this Act, the

DOJ, the DSWD, the CHR, the Families of Victims of

Involuntary Disappearance (FIND) and the Families of

Desaparecidos

for

Justice

(Desaparecidos),

in

consultation with other human rights organizations, shall

jointly promulgate the rules and regulations for the

effective implementation of this Act and shall ensure the

full dissemination of the same to the public.

Section 29. Suppletory Applications. – The applicable

provisions

of

the

Revised

Penal

Code

shall

have

suppletory application insofar as they are consistent with

the provisions of this Act.

Section 30. Appropriations. –The amount of Ten million

pesos (P10,000,000.00) is hereby appropriated for the

initial implementation of this Act by the CHR. Subsequent

fluids for the continuing implementation of this Act shall

© Compiled By RGL

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