Article 173Act No. 3815, Sec./Art. 173

Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages.-The penalty of prision correccional in its medium and maximum periods shall be imposed upon any officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone messages who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent to cause such prejudice, shall suffer the penalty next lower in degree.

SECTION FIVE.-Falsification of medical certificates, certificates of merit or service and the like

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

two individuals in a business or social context is not a

dating relationship.

(f) " Sexual relations " refers to a single sexual act which

may or may not result in the bearing of a common child.

(g) " Safe place or shelter " refers to any home or institution

maintained or managed by the Department of Social

Welfare

and

Development (DSWD) or by any other

agency

or

voluntary

organization

accredited

by the

DSWD for the purposes of this Act or any other suitable

place the resident of which is willing temporarily to

receive the victim.

(h) " Children " refers to those below eighteen (18) years of

age

or

older

but

are

incapable

of

taking

care

of

themselves as defined under Republic Act No. 7610. As

used in this Act, it includes the biological children of the

victim and other children under her care.

SECTION 4. Construction .- This Act shall be liberally

construed to promote the protection and safety of victims

of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their

Children .- The crime of violence against women and their

children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical

harm;

(c) Attempting to cause the woman or her child physical

harm;

(d) Placing the woman or her child in fear of imminent

physical harm;

(e) Attempting to compel or compelling the woman or

her child to engage in conduct which the woman or her

child has the right to desist from or desist from conduct

which the woman or her child has the right to engage in,

or attempting to restrict or restricting the woman's or her

child's freedom of movement or conduct by force or

threat of force, physical or other harm or threat of physical

or

other

harm, or intimidation directed against the

woman or child. This shall include, but not limited to, the

following acts committed with the purpose or effect of

controlling or restricting the woman's or her child's

movement or conduct:

(1)

Threatening

to

deprive or actually depriving the

woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her

children of financial support legally due her or her family,

or

deliberately

providing

the

woman's

children

insufficient financial support;

(3) Depriving or threatening to deprive the woman or her

child of a legal right;

(4) Preventing the woman in engaging in any legitimate

profession, occupation, business or activity or controlling

the

victim's

own

mon4ey

or

properties,

or

solely

controlling

the

conjugal

or

common

money,

or

properties;

(f) Inflicting or threatening to inflict physical harm on

oneself for the purpose of controlling her actions or

decisions;

(g) Causing or attempting to cause the woman or her

child to engage in any sexual activity which does not

constitute rape, by force or threat of force, physical harm,

or through intimidation directed against the woman or

her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes

substantial emotional or psychological distress to the

woman or her child. This shall include, but not be limited

to, the following acts:

(1) Stalking or following the woman or her child in public

or private places;

(2)

Peering in the window or lingering outside the

residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the

property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or

inflicting harm to animals or pets of the woman or her

child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule

or humiliation to the woman or her child, including, but

not limited to, repeated verbal and emotional abuse, and

denial of financial support or custody of minor children of

access to the woman's child/children.

SECTION 6. Penalties .- The crime of violence against

women and their children, under Section 5 hereof shall

be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted,

frustrated

or

consummated

parricide

or

murder

or

homicide shall be punished in accordance with the

provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable

in

accordance

with

the

Revised

Penal

Code;

those

constituting

serious

physical

injuries

shall

have

the

penalty of prison mayor; those constituting less serious

physical injuries shall be punished by prision correccional;

and those constituting slight physical injuries shall be

punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by

imprisonment of two degrees lower than the prescribed

penalty for the consummated crime as specified in the

preceding paragraph but shall in no case be lower than

arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be

punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by

prision correccional;

(d) Acts falling under Section 5(f) shall be punished by

arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by

prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be

punished by prision mayor.

If the acts are committed while the woman or child is

pregnant or committed in the presence of her child, the

penalty to be applied shall be the maximum period of

penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay

a fine in the amount of not less than One hundred

thousand pesos (P100,000.00) but not more than three

hundred

thousand

pesos

(300,000.00);

(b)

undergo

mandatory

psychological

counseling

or

psychiatric

treatment and shall report compliance to the court.

SECTION 7. Venue .- The Regional Trial Court designated

as

a

Family Court shall have original and exclusive

jurisdiction over cases of violence against women and

their children under this law. In the absence of such court

in the place where the offense was committed, the case

shall be filed in the Regional Trial Court where the crime

or any of its elements was committed at the option of the

compliant.

SECTION 8. Protection Orders .- A protection order is an

order issued under this act for the purpose of preventing

further acts of violence against a woman or her child

specified in Section 5 of this Act and granting other

necessary relief. The relief granted under a protection

order serve the purpose of safeguarding the victim from

further harm, minimizing any disruption in the victim's

daily life, and facilitating the opportunity and ability of the

victim to independently regain control over her life. The

provisions of the protection order shall be enforced by law

enforcement agencies. The protection orders that may be

issued under this Act are the barangay protection order

(BPO), temporary protection order (TPO) and permanent

protection order (PPO). The protection orders that may be

© Compiled By RGL

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