Article 75Act No. 3815, Sec./Art. 75

Increasing or reducing the penalty of fine by one or more degrees.-Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without, however, changing the minimum.

The same rules shall be observed with regard to fines that do not consist of a fixed amount, but are made proportional.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(g) Relevant and applicable international human rights

instruments;

(h) Other relevant international treaties and conventions

ratified or acceded to by the Republic of the Philippines;

and

(i) Teachings of the most highly qualified publicists and

authoritative commentaries on the foregoing sources as

subsidiary

means

for

the

determination

of

rules of

international law.

Section 16. Suppletory Application of the Revised Penal

Code and Other General or Special Laws. - The provisions

of the Revised Penal Code and other general or special

laws shall have a suppletory application to the provisions

of this Act.

CHAPTER VIII JURISDICTION

Section

17.

Jurisdiction. -

The

State

shall

exercise

jurisdiction over persons, whether military or civilian,

suspected or accused of a crime defined and penalized in

this Act, regardless of where the crime is committed,

provided, any one of the following conditions is met:

(a) The accused is a Filipino citizen;

(b) The accused, regardless of citizenship or residence, is

present in the Philippines; or

(c) The accused has committed the said crime against a

Filipino citizen.

In

the

interest

of

justice,

the

relevant

Philippine

authorities

may

dispense

with

the

investigation

or

prosecution of a crime punishable under this Act if

another

court

or

international

tribunal

is

already

conducting

the

investigation

or

undertaking

the

prosecution of such crime. Instead, the authorities may

surrender or extradite suspected or accused persons in

the Philippines to the appropriate international court, if

any, or to another State pursuant to the applicable

extradition laws and treaties.

No criminal proceedings shall be initiated against foreign

nationals suspected or accused of having committed the

crimes defined and penalized in this Act if they have been

tried by a competent court outside the Philippines in

respect of the same offense and acquitted, or having

been convicted, already served their sentence.

Section

18.

Philippine

Court,

Prosecutors

and

Investigators. - The Regional Trial Court of the Philippines

shall have original and exclusive jurisdiction over the

crimes punishable under this Act. Their judgments may

be appealed or elevated to the Court of Appeals and to

the Supreme Court as provided by law.

The Supreme Court shall designate special courts to try

cases involving crimes punishable under this Act. For

these cases, the Commission on Human Rights, the

Department of Justice, the Philippine National Police or

other

concerned

law

enforcement

agencies

shall

designate prosecutors or investigators as the case may

be.

The State shall ensure that judges, prosecutors and

investigators, especially those designated for purposes of

this

Act,

receive

effective

training in human rights,

International

Humanitarian

Law

and

International

Criminal Law.

CHAPTER IX FINAL PROVISIONS

Section 19. Separability Clause. - If, for any reason or

reasons, any part or provision of this Statute shall be held

to be unconstitutional or invalid, other parts or provisions

hereof which are not affected thereby shall continue to

be in full force and effect.

Section 20. Repealing Clause. - All laws, presidential

decrees

and

issuances,

executive

orders,

rules

and

regulations

or

parts

thereof

inconsistent

with

the

provisions of this Statute are hereby repealed or modified

accordingly.

Section 21. Effectivity. - This Act shall take effect fifteen

(15) days after its complete publication in the Official

Gazette or in two (2) newspapers general circulation.

SPL | Related to Crimes Against the

Fundamental Laws of the State

Book TWO Title TWO

BP Blg 880 | The Public Assembly Act of 1985

BATAS PAMBANSA BLG. 880

AN ACT ENSURING THE FREE EXERCISE BY THE

PEOPLE OF THEIR RIGHT PEACEABLY TO ASSEMBLE

AND PETITION THE GOVERNMENT FOR OTHER

PURPOSES

Section 1. Title - This Act shall be known as "The Public

Assembly Act of 1985."

Section 2. Declaration of policy - The constitutional right

of the people peaceably to assemble and petition the

government for redress of grievances is essential and vital

to the strength and stability of the State. To this end, the

State shall ensure the free exercise of such right without

prejudice to the rights of others to life, liberty and equal

protection of the law.

Section 3. Definition of terms - For purposes of this Act:

(a) "Public assembly" means any rally, demonstration,

march, parade, procession or any other form of mass or

concerted action held in a public place for the purpose of

presenting a lawful cause; or expressing an opinion to the

general public on any particular issue; or protesting or

influencing

any

state

of

affairs

whether

political,

economic or social; or petitioning the government for

redress of grievances.

The processions, rallies, parades, demonstrations, public

meetings and assemblages for religious purposes shall be

governed by local ordinances: Provided, however, That the

declaration of policy as provided in Section 2 of this Act

shall be faithfully observed.

The

definition

herein

contained

shall

not

include

picketing and other concerted action in strike areas by

workers and employees resulting from a labor dispute as

defined by the Labor Code, its implementing rules and

regulations, and by the Batas Pambansa Bilang 227.

(b) "Public place" shall include any highway, boulevard,

avenue, road, street, bridge or other thoroughfare, park,

plaza, square, and/or any open space of public ownership

where the people are allowed access.

(c) "Maximum tolerance" means the highest degree of

restraint that the military, police and other peacekeeping

authorities shall observe during a public assembly or in

the dispersal of the same.

(d) "Modification of permit" shall include the change of

the place and time of the public assembly, rerouting of

the parade or street march, the volume of loud-speakers

or sound system and similar changes.

Section 4. Permit when required and when not required

- A written permit shall be required for any person or

persons to organize and hold a public assembly in a

public place. However, no permit shall be required if the

public assembly shall be done or made in a freedom park

duly

established

by

law

or

ordinance

or in private

property, in which case only the consent of the owner or

the one entitled to its legal possession is required, or in

the

campus

of

a

government-owned

and

operated

educational institution which shall be subject to the rules

and regulations of said educational institution. Political

meetings or rallies held during any election campaign

period as provided for by law are not covered by this Act.

© Compiled By RGL

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