Article 176Act No. 3815, Sec./Art. 176

Manufacturing and possession of instruments or implements for falsification.-The penalty of prision correccional in its medium and maximum periods and a fine not to exceed 10,000 pesos shall be imposed upon any person who shall make or introduce into the Philippine Islands any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of this chapter.

Any person who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned in the preceding paragraph, shall suffer the penalty next lower in degree than that provided therein.

CHAPTER TWO

OTHER FALSITIES

SECTION ONE.-Usurpation of authority, rank, title, and improper use of names, uniforms and insignia insignia

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

sufficient sureties who shall undertake that such person

will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required,

he shall be detained for a period which shall in no case

exceed six (6) months, if he shall have been prosecuted

for acts punishable under Section 5(a) to 5(f) and not

exceeding thirty (30) days, if for acts punishable under

Section 5(g) to 5(I).

The protection orders referred to in this section are the

TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under

Sections 5(a) to 5(f) shall prescribe in twenty (20) years.

Acts falling under Sections 5(g) to 5(I) shall prescribe in

ten (10) years.

SECTION 25. Public Crime . – Violence against women and

their children shall be considered a public offense which

may be prosecuted upon the filing of a complaint by any

citizen having personal knowledge of the circumstances

involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense . –

Victim-survivors who are found by the courts to be

suffering from battered woman syndrome do not incur

any

criminal

and

civil

liability

notwithstanding

the

absence

of

any

of

the

elements

for

justifying

circumstances of self-defense under the Revised Penal

Code.

In the determination of the state of mind of the woman

who was suffering from battered woman syndrome at

the time of the commission of the crime, the courts shall

be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense . – Being under the

influence

of

alcohol,

any

illicit

drug,

or

any

other

mind-altering substance shall not be a defense under this

Act.

SECTION 28. Custody of children . – The woman victim of

violence shall be entitled to the custody and support of

her child/children. Children below seven (7) years old

older

but

with

mental

or

physical

disabilities

shall

automatically be given to the mother, with right to

support, unless the court finds compelling reasons to

order otherwise.

A

victim

who

is

suffering

from

battered

woman

syndrome shall not be disqualified from having custody

of her children. In no case shall custody of minor children

be given to the perpetrator of a woman who is suffering

from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel . –

Prosecutors and court personnel should observe the

following duties when dealing with victims under this

Act:

a)

communicate

with

the

victim

in

a

language

understood by the woman or her child; and

b) inform the victim of her/his rights including legal

remedies available and procedure, and privileges for

indigent litigants.

SECTION 30. Duties of Barangay Officials and Law

Enforcers . – Barangay officials and law enforcers shall

have the following duties:

(a) respond immediately to a call for help or request for

assistance or protection of the victim by entering the

necessary whether or not a protection order has been

issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the

perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their

choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from

the house;

(e) assist the barangay officials and other government

officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders

issued by the Punong Barangay or the courts;

(g) arrest the suspected perpetrator without a warrant

when any of the acts of violence defined by this Act is

occurring, or when he/she has personal knowledge that

any act of abuse has just been committed, and there is

imminent danger to the life or limb of the victim as

defined in this Act; and

(h)

immediately

report

the

call

for

assessment

or

assistance of the DSWD, social Welfare Department of

LGUs

or

accredited

non-government

organizations

(NGOs).

Any barangay official or law enforcer who fails to report

the incident shall be liable for a fine not exceeding Ten

Thousand Pesos (P10,000.00) or whenever applicable

criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse –

Any healthcare provider, including, but not limited to, an

attending physician, nurse, clinician, barangay health

worker, therapist or counselor who suspects abuse or has

been informed by the victim of violence shall:

(a)

properly

document

any

of

the victim's physical,

emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations

and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a

medical certificate concerning the examination or visit;

(d) safeguard the records and make them available to the

victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of

rights and remedies provided under this Act, and services

available to them.

SECTION 32. Duties of Other Government Agencies and

LGUs – Other government agencies and LGUs shall

establish programs such as, but not limited to, education

and information campaign and seminars or symposia on

the nature, causes, incidence and consequences of such

violence particularly towards educating the public on its

social impacts.

It

shall

be

the

duty of the concerned government

agencies and LGU's to ensure the sustained education

and training of their officers and personnel on the

prevention of violence against women and their children

under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay,

Barangay Kagawad or the court hearing an application

for a protection order shall not order, direct, force or in

any way unduly influence he applicant for a protection

order to compromise or abandon any of the reliefs sought

in the application for protection under this Act. Section 7

of the Family Courts Act of 1997 and Sections 410, 411, 412

and 413 of the Local Government Code of 1991 shall not

apply in proceedings where relief is sought under this

Act.

Failure to comply with this Section shall render the

official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. –

In every case of violence against women and their

children as herein defined, any person, private individual

or police authority or barangay official who, acting in

accordance with law, responds or intervenes without

using violence or restraint greater than necessary to

ensure the safety of the victim, shall not be liable for any

criminal,

civil

or

administrative

liability

resulting

therefrom.

SECTION 35. Rights of Victims. – In addition to their rights

under existing laws, victims of violence against women

and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the

Department

of

Justice

(DOJ)

or

any

public

legal

assistance office;

© Compiled By RGL

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