Divoce decree – foreign judgment

G.R. No. 221029

REPUBLIC OF THE PHILIPPINES, Petitioner

vs
MARELYN TANEDO MANALO, Respondent

RESOLUTION

PERALTA, J.:

This petition for review on certiorari under Rule 45 of the Rules of Court (Rules) seeks to reverse and set aside the
September 18, 2014 Decision  and October 12, 2015 Resolution  of the Court of Appeals (CA) in CA-G.R. CV No.
1 2

100076. The dispositive portion of the Decision states:

WHEREFORE, the instant appeal is GRANTED. The Decision dated 15 October 2012 of the Regional Trial Court of
Dagupan City, First Judicial Region, Branch 43, in SPEC. PROC. NO. 2012-0005 is REVERSED and SET ASIDE.

Let a copy of this Decision be served on the Local Civil Registrar of San Juan, Metro Manila.

SO ORDERED. 3

The facts are undisputed.

On January 10, 2012, respondent Marelyn Tanedo Manalo (Manalo) filed a petition for cancellation of

Entry of marriage in the Civil Registry of San Juan , Metro Manila, by virtueof a judgment of divorce Japanese court.

Finding the petition to be sufficient in form and in substance, Branch 43 of the Regional Trial Court (RTC) of
Dagupan City set the case for initial hearing on April 25, 2012. The petition and the notice of initial hearing were
published once a week for three consecutive weeks in newspaper of general circulation. During the initial hearing,
counsel for Manalo marked the documentary evidence (consisting of the trial courts Order dated January 25, 2012,
affidavit of publication, and issues of the Northern Journal dated February 21-27, 2012, February 28 - March 5,
2012, and March 6-12, 2012) for purposes of compliance with the jurisdictional requirements.

The Office of the Solicitor General (OSG) entered its appearance for petitioner Republic of the Philippines
authorizing the Office of the City Prosecutor of Dagupan to appear on its behalf. Likewise, a Manifestation and
Motion was filed questioning the title and/or caption of the petition considering that based on the allegations therein,
the proper action should be a petition for recognition and enforcement of a foreign judgment.

As a result, Manalo moved to admit an Amended Petition, which the court granted. The Amended Petition, which
captioned that if it is also a petition for recognition and enforcement of foreign judgment alleged:

2. That petitioner is previously married in the Philippines to a Japanese national named YOSHINO MINORO as
shown by their Marriage Contract xxx;

3. That recently, a case for divorce was filed by herein [petitioner] in Japan and after die proceedings, a divorce
decree dated December 6, 2011 was rendered by the Japanese Court x x x;

4. That at present, by virtue of the said divorce decree, petitioner and her divorce Japanese husband are no longer
living together and in fact, petitioner and her daughter are living separately from said Japanese former husband;

5. That there is an imperative need to have the entry of marriage in Civil Registry of San Juan, Metro Manila
cancelled, where the petitioner and the former Japanese husband's marriage was previously registered, in order
that it would not appear anymore that petitioner is still married to the said Japanese national who is no longer her
husband or is no longer married to her, she shall not be bothered and disturbed by aid entry of marriage;

6. That this petition is filed principally for the purpose of causing the cancellation of entry of the marriage between
the petitioner and the said Japanese national, pursuant to Rule 108 of the Revised Rules of Court, which marriage
was already dissolved by virtue of the aforesaid divorce decree; [and]

7. That petitioner prays, among others, that together with the cancellation of the said entry of her marriage, that she
be allowed to return and use her maiden surname, MANALO. 4

Manalo was allowed to testify in advance as she was scheduled to leave for Japan for her employment. Among the
documents that were offered and admitted were:

1. Court Order dated January 25, 2012, finding the petition and its attachments to be sufficient in form and in
substance;

2. Affidavit of Publication;

3. Issues of the Northern Journal dated February 21-27, 2012, February 28 - March 5, 2012, and March 6-12, 2012;

4. Certificate of Marriage between Manalo and her former Japanese husband;

5. Divorce Decree of Japanese court;

6. Authentication/Certificate issued by the Philippine Consulate General in Osaka, Japan of the Notification of
Divorce; and

7. Acceptance of Certificate of Divorce. 5

The OSG did not present any controverting evidence to rebut the allegations of Manalo.

On October 15, 2012, the trial court denied the petition for lack of merit. In ruling that the divorce obtained by
Manalo in Japan should not be recognized, it opined that, based on Article 15 of the New Civil Code, the Philippine
law "does not afford Filipinos the right to file for a divorce whether they are in the country or living abroad, if they are
married to Filipinos or to foreigners, or if they celebrated their marriage in the Philippines or in another country" and
that unless Filipinos "are naturalized as citizens of another country, Philippine laws shall have control over issues
related to Filipinos' family rights and duties, together with the determination of their condition and legal capacity to
enter into contracts and civil relations, inclusing marriages."6

On appeal, the CA overturned the RTC decision. It held that Article 26 of the Family Code of the Philippines (Family
Code) is applicable even if it was Manalo who filed for divorce against her Japanese husband because the decree
may obtained makes the latter no longer married to the former, capacitating him to remarry. Conformably
with Navarro, et al. V. Exec. Secretary Ermita, et al.  ruling that the meaning of the law should be based on the intent
7

of the lawmakers and in view of the legislative intent behind Article 26, it would be height of injustice to consider
Manalo as still married to the Japanese national, who, in turn, is no longer married to her. For the appellate court,
the fact that it was Manalo who filed the divorce case is inconsequential. Cited as similar to this case was Van Dorn
v. Judge Romilo, Jr.  where the mariage between a foreigner an a Filipino was dissolved filed abroad by the latter.
8

The OSG filed a motion for reconsideration, but it was denied; hence, this petition.

We deny the petition and partially affirm the CA decision.

Divorce, the legal dissolution of a lawful union for a cause arising after the marriage, are of two types: (1) absolute
divorce or a vinculo matrimonii, which terminates the marriage, and (2) limited divorce or a mensa et thoro, which
suspends it and leaves the bond in full force.  In this jurisdiction, the following rules exist:
9
 1. Philippine law does not provide for absolute divorce; hence, our courts cannot grant it.10

2. Consistent with Articles 15  and 17  of the New Civil Code, the marital bond between two Filipinos
11 12

cannot be dissolved even by an absolute divorce obtained abroad. 13

3. An absolute divorce obtained abroad by a couple, who both aliens, may be recognized in the
Philippines, provided it is consistent with their respective national laws.
14

4. In mixed marriages involving a Filipino and a foreigner, the former is allowed to contract a
subsequent marriage in case the absolute divorce is validly obtained abroad by the alien spouse
capacitating him or her to remarry. 15

On July 6, 1987, then President Corazon C. Aquino signed into law Executive Order (E.O.) No. 209, otherwise
known as the Family Code of the Philippines, which took effect on August 3, 1988.  Shortly thereafter , E.O. No. 227
16

was issued on July 17, 1987.  Aside from amending Articles 36 and 39 of the Family Code, a second paragraph
17

was added to Article 26.  This provision was originally deleted by the Civil Code Revision Committee
18

(Committee),but it was presented and approved at a Cabinet meeting after Pres. Aquino signed E.O. No. 209.  As 19

modified, Article 26 now states:

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the where country
where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited
under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him her to remarry under Philippine law.

Paragraph 2 of Article 26 confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to
a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage.  It authorizes
20

our courts to adopt the effects of a foreign divorce decree precisely because the Philippines does not allow
divorce.  Philippine courts cannot try the case on the merits because it is tantamount to trying a divorce
21

case.  Under the principles of comity, our jurisdiction recognizes a valid divorce obtained by the spouse of foreign
22

nationality, but the legal effects thereof, e.g., on custody, care and support of the children or property relations of the
spouses, must still be determined by our courts. 23

According to Judge Alicia Sempio-Diy, a member of the Committee, the idea of the amendment is to avoid the
absurd situation of a Filipino as still being married to his or her alien spouse, although the latter is no longer married
to the former because he or she had obtained a divorce abroad that is recognized by his or national law.  The aim 24

was that it would solved the problem of many Filipino women who, under the New Civil Code, are still considered
married to their alien husbands even after the latter have already validly divorced them under their (the husbands')
national laws and perhaps have already married again. 25

In 2005, this Court concluded that Paragraph 2 of Article 26 applies to a case where, at the time of the celebration of
the marriage, the parties were Filipino citizens, but later on, one of them acquired foreign citizenship by
naturalization, initiated a divorce proceeding, and obtained a favorable decree. We held in Republic of the Phils. v.
Orbecido III: 26

The jurisprudential answer lies latent in the 1998 case of Quita v. Court of Appeals. In Quita, the parties were, as in
this case, Filipino citizens when they got married. The wife became naturalized American citizen n 1954 and
obtained a divorce in the same year. The court therein hinted, by the way of obiter dictum, that a Filipino divorced by
his naturalized foreign spouse is no longer married under Philippine law and can thus remarry.

Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that Paragraph 2 of
Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage
were Filipino citizens, but later on, one of them becomes naturalized as foreign citizen and obtains divorce decree.
The Filipino spouse should likewise be allowed to remarry as if the other party were foreigner at the time of the
solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. x x x
If we are to give meaning to the legislative intent to avoid the absurd situation where the Filipino spouse remains
married to the alien spouse who after obtaining a divorce is no longer married to the Filipino spouse, then the instant
case must be deemed as coming within the contemplation of Paragraph 2 of Article 26.

In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows:

1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

The reckoning point is not the citizenship of the parties at the time of the celebration of marriage, but their
citizenship at the time valid divorced obtained abroad by the alien spouse capacitating the latter to remarry.

Now, the Court is tasked to resolve whether, under the same provision, a Filipino citizen has the capacity to remarry
under Philippine law after initiating a divorce proceeding abroad and obtaining a favorable judgment against his or
her alien spouse who is capacitated to remarry. Specifically, Manalo pleads for the recognition of enforcement of the
divorced decree rendered by the Japanese court and for the cancellation of the entry of marriage in the local civil
registry " in order that it would not appear anymore that she is still married to the said Japanese national who is no
longer her husband or is no longer married to her; [and], in the event that [she] decides to be remarried, she shall
not be bothered and disturbed by said entry of marriage," and to use her maiden surname.

We rule in the affirmative.

Both Dacasin v. Dacasin  and Van Dorn  already recognized a foreign divorce decree that was initiated and
28 29

obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property
relation, respectively.

In Dacasin, post-divorce, the former spouses executed an Agreement for the joint custody of their minor daughter.
Later on, the husband who is a US citizen, sued his Filipino wife enforce the Agreement, alleging that it was only the
latter who exercised sole custody of their child. The trial court dismissed the action for lack of jurisdiction, on the
ground, among others, that the divorce decree is binding following the "nationality rule" prevailing in this jurisdiction.
The husband moved to reconsider, arguing that the divorce decree obtained by his former wife is void, but it was
denied. In ruling that the trial court has jurisdiction to entertain the suit bu not to enforce the Agreement, which is
void, this Court said:

Nor can petitioner rely on the divorce decree's alleged invalidity - not because the Illinois court lacked jurisdiction or
that the divorced decree violated Illinois law, but because the divorce was obtained by his Filipino spouse - to
support the Agreement's enforceability . The argument that foreigners in this jurisdiction are not bound by foreign
divorce decrees is hardly novel. Van Dron v. Romillo settled the matter by holding that an alien spouse of a Filipino
is bound by a divorce decree obtained abroad. There, we dismissed the alien divorcee's Philippine suit for
accounting of alleged post-divorce conjugal property and rejected his submission that the foreign divorce (obtained
by the Filipino spouse) is not valid in this jurisdiction x x x.
30

Van Dorn was decided before the Family Code took into effect. There, a complaint was filed by the ex-husband ,
who is a US citizen, against his Filipino wife to render an accounting of a business that was alleged to be a conjugal
property and to be declared with right to manage the same. Van Dorn moved to dismiss the case on the ground that
the cause of action was barred by previous judgment in the divorce proceedings that she initiated, but the trial court
denied the motion. On his part, her ex-husband averred that the divorce decree issued by the Nevada court could
not prevail over the prohibitive laws of the Philippines and its declared national policy; that the acts and declaration
of a foreign court cannot, especially if the same is contrary to public policy, divest Philippine courts of jurisdiction to
entertain matters within its jurisdiction . In dismissing the case filed by the alien spouse, the Court discussed the
effect of the foreign divorce on the parties and their conjugal property in the Philippines. Thus:

There can be no question as to the validity of that Nevada divorce in any of the States of the United States. The
decree is binding on private respondent as an American citizen. For instance, private respondent cannot sue
petitioner, as her husband, in any State of the Union. What he is contending in this case is that the divorce is not
valid and binding in this jurisdiction, the same being contrary to local law and public policy.
Is it true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are
covered by the policy and morality. However, aliens may obtain divorce abroad, which may be recognized in the
Philippines, provided they are valid according to their national law. In this case, the divorce in Nevada released
private respondent from the marriage from standards of American law, under which divorce dissolves the
marriage. As stated by the Federal Supreme Court of the United States in Atherton vs. Atherton, 45 L. Ed. 794,799:

"The purpose and effect of a decree of divorce from the bond of matrimony by a court of competent jurisdiction are
to change the existing status or domestic relation of husband and wife, and to free them both from the bond. The
marriage tie, when thus severed as stone party, ceases to bind either. A husband without a wife, or a wife without a
husband, is unknown to the law. When the law provides in the nature of penalty, that the guilty party shall not marry
again, that party, as well as the other, is still absolutely feed from the bond of the former marriage."

Thus, pursuant to his national law, private respondent is no longer the husband of petitioner. He would have no
standing to sue in the case below as petitioner's husband entitled to exercise control over conjugal assets. As he is
estopped by his own representation before said court from asserting his right over the alleged conjugal property.

To maintain, as private respondent does, that under our laws, petitioner has to be considered still married to private
respondent and still subject to a wife's obligations under Article 109, et. seq. of the Civil Code cannot be just.
Petitioner should not be obliged to live together with, observe respect and fidelity, and render support to private
respondent. The latter should not continue to be one of her heirs with possible rights to conjugal property. She
should not be discriminated against in her own country if the ends of justice are to be served. 31

In addition, the fact that a validity obtained foreign divorce initiated by the Filipino spouse can be recognized and
given legal effects in the Philippines is implied from Our rulings in Fujiki v. Marinay, et al.  and Medina v. Koike.
32 33

In Fujiki, the Filipino wife, with the help of her husband, who is a Japanese national, was able to obtain a judgment
from Japan's family court. Which declared the marriage between her and her second husband, who is a Japanese
national, void on the ground of bigamy. In resolving the issue of whether a husband or wife of a prior marriage can
file a petition to recognize a foreign judgment nullifying the subsequent marriage between his her spouse and a
foreign citizen on the ground of bigamy, We ruled:

Fujiki has the personality to file a petition to recognize the Japanese Family Court judgment nullifying the marriage
between Marinay and Maekara on the ground of bigamy because the judgment concerns his civil status as married
to Marinay. For the same reason he has the personality to file a petition under Rule 108 to cancel the entry of
marriage between Marinay and Maekara in the civil registry on the basis of the decree of the Japanese Family
Court.

There is no doubt that the prior spouse has a personal and material interest in maintaining the integrity of the
marriage he contracted and the property relations arising from it. There is also no doubt that he is interested in the
cancellation of an entry of a bigamous marriage in the civil registry, which compromises the public record of his
marriage. The interest derives from the substantive right of the spouse not only to preserve (or dissolve, in limited
instances) his most intimate human relation, but also to protect his property interests that arise by operation of law
the moment he contracts marriage. These property interests in marriage included the right to be supported "in
keeping with the financial capacity of the family" and preserving the property regime of the marriage.

Property rights are already substantive rights protected by the Constitution, but a spouse's right in a marriage
extends further to relational rights recognized under Title III ("Rights and Obligations between Husband and Wife")
of the Family Code. x x x 34

On the other hand, in Medina, the Filipino wife and her Japanese husband jointly filed for divorce, which was
granted.  Subsequently, she filed a petition before the RTC for judicial recognition of foreign divorce and declaration
1âwphi1

of capacity to remarry pursuant to Paragraph 2 of Article 26. The RTC denied the petition on the ground that the
foreign divorce decree and the national law of the alien spouse recognizing his capacity to obtain a divorce must be
proven in accordance with Sections 24 and 25 of Rule 132 of the Revised Rules on Evidence. This Court agreed
and ruled that, consistent with Corpuz v. Sto. Tomas, et al.  and Garcia v. Recio,  the divorce decree and the
35 36

national law of the alien spouse must be proven. Instead of dismissing the case, We referred it to the CA for
appropriate action including the reception of evidence to determine and resolve the pertinent factual issues.
There is no compelling reason to deviate from the above-mentioned rulings. When this Court recognized a foreign
divorce decree that was initiated and obtained by the Filipino spouse and extended its legal effects on the issues of
child custody and property relation, it should not stop short in a likewise acknowledging that one of the usual and
necessary consequences of absolute divorce is the right to remarry. Indeed, there is no longer a mutual obligation to
live together and observe fidelity. When the marriage tie is severed and ceased to exist, the civil status and the
domestic relation of the former spouses change as both of them are freed from the marital bond.

The dissent is of the view that, under the nationality principle, Manalo's personal status is subject to Philippine law,
which prohibits absolute divorce. Hence, the divorce decree which she obtained under Japanese law cannot be
given effect, as she is, without dispute, a national not of Japan, bit of the Philippines. It is said that that a contrary
ruling will subvert not only the intention of the framers of the law, but also that of the Filipino peopl, as expressed in
the Constitution. The Court is, therefore, bound to respect the prohibition until the legislature deems it fit to lift the
same.

We beg to differ.

Paragraph 2 of Artilce 26 speaksof "a divorce x x x validly obtained abroad by the alien spouse capacitating him or
her to remarry." Based on a clear and plain reading of the provision, it only requires that there be a divorce validly
obtained abroad. The letter of the law does not demand that the alien spouse should be the one who initiated the
proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the
petitioner or the respondent in the foreign divorce proceeding. The Court is bound by the words of the statute;
neither can We put words in the mouth of lawmakers.  The legislature is presumed to know the meaning of the
37

words to have used words advisely and to have expressed its intent by the use of such words as are found in the
statute. Verba legis non est recedendum, or from the words if a statute there should be departure." 38

Assuming, for the sake of argument, that the word "obtained" should be interpreted to mean that the divorce
proceeding must be actually initiated by the alien spouse, still, the Court will not follow the letter of the statute when
to do so would depart from the true intent of the legislature or would otherwise yield conclusions inconsistent with
the general purpose of the act.  Law have ends to achieve, and statutes should be so construed as not to defeat but
39

to carry out such ends and purposes.  As held in League of Cities of the Phils. et al. v. COMELEC et. al.:
40 41

The legislative intent is not at all times accurately reflected in the manner in which the resulting law is couched.
Thus, applying a verba legis or strictly literal interpretation of a statute may render it meaningless and lead to
inconvience, an absurd situation or injustice. To obviate this aberration, and bearing in mind the principle that the
intent or the spirit of the law is the law itself, resort should be to the rule that the spirit of the law control its letter.

To reiterate, the purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse
remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was
rendered, is no longer married to the Filipino spouse. The provision is a corrective measure is free to marry under
the laws of his or her countr.  Whether the Filipino spouse initiated the foreign divorce proceeding or not, a
42

favorable decree dissolving the marriage bond and capacitating his or her alien spouse to remarry will have the
same result: the Filipino spouse will effectively be without a husband or wife. A Filipino who initiated a foreign
divorce proceeding is in the same place and in like circumstances as a Filipino who is at the receiving end of an
alien initiated proceeding. Therefore, the subject provision should not make a distinction. In both instance, it is
extended as a means to recognize the residual effect of the foreign divorce decree on a Filipinos whose marital ties
to their alien spouses are severed by operations of their alien spouses are severed by operation on the latter's
national law.

Conveniently invoking the nationality principle is erroneous. Such principle, found under Article 15 of the City Code,
is not an absolute and unbending rule. In fact, the mer e existence of Paragraph 2 of Article 26 is a testament that
the State may provide for an exception thereto. Moreover, blind adherence to the nationality principle must be
disallowed if it would cause unjust discrimination and oppression to certain classes of individuals whose rights are
equally protected by law. The courts have the duty to enforce the laws of divorce as written by the Legislature only if
they are constitutional. 43

While the Congress is allowed a wide leeway in providing for a valid classification and that its decision is accorded
recognition and respect by the court of justice, such classification may be subjected to judicial review.  The 44

deference stops where the classification violates a fundamental right, or prejudices persons accorded special
protection by the Constitution.  When these violations arise, this Court must discharge its primary role as the
45

vanguard of constitutional guaranties, and require a stricter and more exacting adherence to constitutional
limitations.  If a legislative classification impermissibly interferes with the exercise of a fundamental right or operates
46

to the peculiar disadvantage of a suspect class strict judicial scrutiny is required since it is presumed

unconstitutional, and the burden is upon the government to prove that the classification is necessary to achieve a
compelling state interest and that it is the least restrictive means to protect such interest.47

"Fundamental rights" whose infringement leads to strict scrutiny under the equal protection clause are those basic
liberties explicitly or implicitly guaranteed in the Constitution.  It includes the right to free speech, political
48

expression, press, assembly, and forth, the right to travel, and the right to vote.  On the other hand, what constitutes
49

compelling state interest is measured by the scale rights and powers arrayed in the Constitution and calibrated by
history.  It is akin to the paramount interest of the state for which some individual liberties must give way, such as
50

the promotion of public interest, public safety or the general welfare.  It essentially involves a public right or interest
51

that, because of its primacy, overrides individual rights, and allows the former to take precedence over the latter. 52

Although the Family Code was not enacted by the Congress, the same principle applies with respect to the acts of
the President which have the force and effect of law unless declared otherwise by the court. In this case, We find
that Paragraph 2 of Article 26 violates one of the essential requisites  of the equal protection clause.  Particularly,
53 54

the limitation of the provision only to a foreign divorce decree initiated by the alien spouse is unreasonable as it is
based on superficial, arbitrary, and whimsical classification.

A Filipino who is married to another Filipino is not similarly situated with a Filipino who is married to a foreign citizen.
There are real, material and substantial differences between them. Ergo, they should not be treated alike, both as to
rights conferred and liabilities imposed. Without a doubt, there are political, economic cultural, and religious
dissimilarities as well as varying legal systems and procedures, all too unfamiliar, that a Filipino national who is
married to an alien spouse has to contend with. More importantly, while a divorce decree obtained abroad by a
Filipino against another Filipino is null and void, a divorce decree obtained by an alien against his her Filipino
spouse is recognized if made in accordance with the national law of the foreigner. 55

On the contrary, there is no real and substantial difference between a Filipino who initiated a foreign divorce
proceedings a Filipino who obtained a divorce decree upon the instance of his or her alien spouse . In the eyes of
the Philippine and foreign laws, both are considered as Filipinos who have the same rights and obligations in a alien
land. The circumstances surrounding them are alike. Were it not for Paragraph 2 of Article 26, both are still married
to their foreigner spouses who are no longer their wives/husbands. Hence, to make a distinction between them
based merely on the superficial difference of whether they initiated the divorce proceedings or not is utterly unfair.
Indeed, the treatment gives undue favor to one and unjustly discriminate against the other.

Further, the differentiation in Paragraph 2 Article 26 is arbitrary. There is inequality in treatment because a foreign
divorce decree that was initiated and obtained by a Filipino citizen against his or her alien spouse would not be
recognized even if based on grounds similar to Articles 35, 36, 37 and 38 of the Family Code.  In filing for divorce
56

based on these grounds, the Filipino spouse cannot be accused of invoking foreign law at whim, tantamount to
insisting that he or she should be governed with whatever law he or she chooses. The dissent's comment that
Manalo should be "reminded that all is not lost, for she may still pray for the severance of her martial ties before the
RTC in accordance with the mechanism now existing under the Family Code" is anything but comforting. For the
guidance of the bench and the bar, it would have been better if the dissent discussed in detail what these
"mechanism" are and how they specifically apply in Manalo's case as well as those who are similarly situated. If the
dissent refers to a petition for declaration of nullity or annulment of marriage, the reality is that there is no assurance
that our courts will automatically grant the same. Besides, such proceeding is duplicitous, costly, and protracted. All
to the prejudice of our kababayan.

It is argued that the Court's liberal interpretation of Paragraph 2 of Artilce 26 encourages Filipinos to marry
foreigners, opening the floodgate to the indiscriminate practice of Filipinos marrying foreign nationals or initiating
divorce proceedings against their alien spouses.

The supposition is speculative and unfounded.

First, the dissent falls into a hasty generalization as no data whatsoever was sworn to support what he intends to
prove. Second, We adhere to the presumption of good faith in this jurisdiction. Under the rules on evidence, it is
disputable presumed (i.e., satisfactory if uncontradicted and overcome by other evidence) that a person is innocent
of crime or wrong,  that a person takes ordinary care of his concerns,  that acquiescence resulted from a belief that
57 59

the thing acquiesced in was conformable to the law and fact,   that a man and woman deporting themselves as
60

husband and wife have entered into a lawful contract of marriage,  and that the law has been obeyed.  It is
61 62

whimsical to easily attribute any illegal, irregular or immoral conduct on the part of a Filipino just because he or she
opted to marry a foreigner instead of a fellow Filipino. It is presumed that interracial unions are entered into out of
genuine love and affection, rather than prompted by pure lust or profit. Third, We take judicial notice of the fact that
Filipinos are relatively more forbearing and conservative in nature and that they are more often the victims or losing
end of mixed marriages. And Fourth, it is not for Us to prejudge the motive behind Filipino's decision to marry an
alien national. In one case, it was said:

Motive for entering into a marriage are varied and complex. The State does not and cannot dictated on the kind of
life that a couple chooses to lead. Any attempt to regulate their lifestyle would go into the realm of their right to
privacy and would raise serious constitutional questions. The right marital privacy allows married couples to
structure their marriages in almost any way they see it fit, to live together or live apart, to have children or no
children, to love one another or not, and so on. Thus, marriages entered into for other purposes, limited or
otherwise, such as convenience, companionship, money, status, and title, provided that they comply with all the
legal requisites, are equally valid. Love, though the ideal consideration in a marriage contract, is not the only valid
cause for marriage. Other considerations, not precluded by law, may validly support a marriage. 63

The 1987 Constitution expresses that marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the State.  Nevertheless, it was not meant to be a general prohibition on divorce because
64

Commissioner Jose Luis Martin C. Gascon, in response to a question by Father Joaquin G. Bernas during the
deliberations of the 1986 Constitutional Commission, was categorical about this point.  Their exchange reveal as
65

follows:

MR. RAMA. Mr. Presiding Officer, may I ask that Commissioner Bernas be recognized.

THE PRESIDING OFFICER (Mr. Colayco). Commissioner Bernas is recognized.

FR. BERNAS. Just one question, and I am not sure if it has been categorically answered. I refer specifically to the
proposal of Commissioner Gascon. Is this be understood as a prohibition of a general law on divorce? His intention
is to make this a prohibition so that the legislature cannot pass a divorce law.

MR. GASCON. Mr. Presding Officer, that was not primarily my intention. My intention was primarily to encourage the
social institution of marriage, but not necessarily discourage divorce. But now that the mentioned the issue of
divorce, my personal opinion is to discourage it. Mr. Presiding Officer.

FR. BERNAS. No my question is more categorical. Does this carry the meaning of prohibiting a divorce law?

MR. GASCON. No Mr. Presiding Officer.

FR. BERNAS. Thank you. 66

Notably, a law on absolute divorce is not new in our country. Effectivity March 11, 1917, Philippine courts could
grant an absolute divorce in the grounds of adultery on the part of the wife or concubinage on the part of the
husband by virtue of Act No. 2710 of the Philippine Legislature.  On March 25, 1943, pursuant to the authority
67

conferred upon him by the Commander-in-Chief fo the Imperial Japanese Forces in the Philippines and with the
approval of the latter, the Chairman of the Philippine Executive Commission promulgated an E.O. No. 141 ("New
Divorce Law"), which repealed Act No. 2710 and provided eleven ground for absolute divorce, such as intentional or
unjustified desertion continuously for at least one year prior to the filing of the action, slander by deed or gross insult
by one spouse against the other to such an extent as to make further living together impracticable, and a spouse's
incurable insanity.  When the Philippines was liberated and the Commonwealth Government was restored, it
68

ceased to have force and effect and Act No. 2710 again prevailed.  From August 30, 1950, upon the effectivity of
69

Republic Act No. 836 or the New Civil Code, an absolute divorce obatined by Filipino citizens, whether here or
abroad, is no longer recognized. 70
Through the years, there has been constant clamor from various sectors of the Philippine society to re-institute
absolute divorce. As a matte of fcat, in the currnet 17th Congress, House Bill (H.B.) Nos. 116  1062  2380  and
71 72 73

6027  were filed in the House of representatives. In substitution of these bills, H.B. No. 7303 entitled "An Act
74

Instituting Absolute Divorce and Dissolution of Marriage in the Philippines" or the Absolute Divorce Act of 2018 was
submitted by the House Committee on Population

And Family Relations of February 8, 2018. It was approved on March 19, 2018 on Third Reading - with 134 in favor,
57 against, and 2 absentations. Under the bill, the grounds for a judicial decree of absolute divorce are as follows:

1. The grounds for legal separation under Article 55 of the Family Code, modified or amended, as follows:

a. Physical violence or grossly abusive conduct directed against the petitioner, a common child, or a
child of the petitioner;

b. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation;

c. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of a

petitioner, to engage in prostitution, or connivance in such corruption or inducement;

d. Final judgment sentencing the respondent to imprisonment of more than six (6) years, even if
pardoned;

e. Drug addiction or habitual alchoholism ro chronic gambling of respondent;

f. Homosexuality of the respondent;

g. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or

abroad;

h. Marital infidelity or perversion or having a child with another person other than one's spouse
during the marriage, except when upon the mutual agreement of the spouses, a child is born to them
by in vitro or a similar procedure or when the wife bears a child after being a victim of rape;

i. attempt by the respondent against the life of the petitioner, a common child or a child of a
petitioner; and

j. Abandonment of petitioner by respondent without justifiable cause for more than one (1) year.

When the spouses are legally separated by judicial decree for more thath two (2) years, either or both spouses can
petition the proper court for an absolute divorce based on said judicial decree of legal separation.

1. Grounds for annulment of marriage under Article 45 of the Family Code restated as follows:

a. The party in whose behalf it is sought to have the marriage annulled was eighteen (18) years of
age or over but below twety-one (21), and the marriage was solemnized without the consent of the
parents guradian or personl having substitute parental authority over the party, in that order, unless
after attaining the age of twenty-one (21) such party freely cohabited with the other and both lived
together as husband and wife;

b. either party was of unsound mind, unless such party after coming to reason, freely cohabited with
the other as husband and wife;

c. The consent of either party was obtained by fraud, unless such party afterwards with full
knowledge of the facts constituting the fraud, freely cohabited with the other husband and wife;
 d. consent of either party was obtained by force, intimidation or undue influence, unless the same
having disappeared or ceased, such party thereafter freely cohabited with the other as husband and
wife;

e. Either party was physically incapable of consummating the marriage with the other and such
incapacity continues or appears to be incurable; and

f. Either part was afflicted with the sexually transmissible infection found to be serious or appears to
be incurable.

Provided, That the ground mentioned in b, e and f existed either at the time of the marriage or supervening after the
marriage.

1. When the spouses have been separated in fact for at least five (5) years at the time the petition for absolute
divorce is filed, and the reconciliation is highly improbable;

2. Psychological incapacity of either spouse as provided for in Article 36 of the Family Code, whether or not the
incapacity was present at the time of the celebration of the marriage or later;

3. When one of the spouses undergoes a gender reassignment surgery or transition from one sex to another, the
other spouse is entitled to petition for absolute divorce with the transgender or transsexual as respondent, or vice-
versa;

4. Irreconcilable marital differences and conflicts which have resulted in the total breakdown of the marriage beyond
repair, despite earnest and repeated efforts at reconciliation.

To be sure, a good number of Filipinos led by the Roman Catholic Church react adversely to any attempt to enact a
law on absolute divorce, viewing it as contrary to our customs, morals, and traditions that has looked upon marriage
and family as an institution and their nature of permanence,

In the same breath that the establishment clause restricts what the government can do with religion, it also limits
what religious sects can or cannot do. They can neither cause the government to adopt their particular doctrines as
policy for everyone, nor can they cause the government to restrict other groups. To do so, in simple terms, would
cause the State to adhere to a particular religion and, thus establish a state religion. 76

The Roman Catholic Church can neither impose its beliefs and convictions on the State and the rest of the citizenry
nor can it demand that the nation follow its beliefs, even if it is sincerely believes that they are good for
country.  While marriage is considered a sacrament, it has civil and legal consequences which are governed by the
77

Family Code.  It is in this aspect, bereft of any ecclesiastical overtone, that the State has a legitimate right and
78

interest to regulate.

The declared State policy that marriage, as an inviolable social institution, is a foundation of the family and shall be
protected by the State, should not be read in total isolation but must be harmonized with other constitutional
provision. Aside from strengthening the solidarity of the Filipino family, the State is equally mandated to actively
promote its total development.  It is also obligated to defend, among others, the right of children to special
79

protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development.  To Our mind, the State cannot effectively enforce these obligation s if We limit the application of
80

Paragraph 2 or Article 26 only those foreign divorce initiated by the alien spouse. It is not amiss to point that the
women and children are almost always the helpless victims of all forms of domestic abuse and violence. In fact,
among the notable legislation passed in order to minimize, if not eradicate, the menace are R.A. No. 9262 ("Anti-
Violence Against Women and Their Children Act of 2004") R.A. No. 9710 ("The Magna Carta of Women"), R.A. No
10354 ("The Responsible Parenthood and Reproductive Health Act of 2012") and R.A. No 9208 ("Anti-Trafficking in
Person Act of 2003"), as amended by R.A. No. 10364 ("ExpandedAnti-Trafficking in Persons Act of
2012"). Moreover, in protecting and strengthening the Filipino family as a basic autonomous social institution, the
Court must not lose sight of the constitutional mandate to value the dignity of every human person, guarantee full
respect for human rights, and ensure the fundamental equality before the law of women and men. 81
A prohibitive view of Paragraph 2 of Article 26 would do more harm than good. If We disallow a Filipino citizen who
initiated and obtained a foreign divorce from the coverage of Paragraph 2 Article 26 and still require him or her to
first avail of the existing "mechanisms" under the Family Code, any subsequent relationship that he or she would
enter in the meantime shall be considered as illicit in the eyes of the Philippine law. Worse, any child born out such
"extra-marital" affair has to suffer the stigma of being branded as illegitimate. Surely, these are just but a few of the
adverse consequences, not only to the parent but also to the child, if We are to hold a restrictive interpretation of the
subject provision. The irony is that the principle of inviolability of marriage under Section 2, Article XV of the
Constitution is meant to be tilted in favor of marriage and against unions not formalized by marriage, but without
denying State protection and assistance to live-in arrangements or to families formed according to indigenous
customs. 82

This Court should not turn a blind eye to the realities of the present time. With the advancement of communication
and information technology, as well as the improvement of the transportation system that almost instantly connect
people from all over the world, mixed marriages have become not too uncommon. Likewise, it is recognized that not
all marriages are made in heaven and that imperfect humans more often than not create imperfect unions.  Living in
83

a flawed world, the unfortunate reality for some is that the attainment of the individual's full human potential and self
fulfillment is not found and achieved in the context of a marriage. Thus it is hypocritical to safeguard the quantity of
existing marriages and, at the same time, brush aside the truth that some of them are rotten quality.

Going back, we hold that marriage, being a mutual and shared commitment between two parties, cannot possibly be
productive of any good to the society where one is considered released from the marital bond while the other
remains bound to it.  In reiterating that the Filipino spouse should not be discriminated against in his or her own
84

country if the ends of justice are to be served, San Luis v. San Luis  quoted:
85

x x x In Alonzo v. Intermediate Applellate Court, the Court stated:

But as has also been aptly observed, we test a law by its results: and likewise, we may add, by its purposes. It is a
cardinal rule that, in seeking the meaning of the law, the first concern of the judge should be to discover in its
provisions the intent of the lawmaker. Unquestionably, the law should never be interpreted in such a way as to
cause injustice as this is never within the legislative intent. An indispensable part of that intent, in fact, for we
presume the good motives of the legislature, is to render justice.

Thus, we interpret and apply the law not independently of but in consonance with justice. Law and justice are
inseparable, and we must keep them so. To be sure, there are some laws that, while generally valid, may seem
arbitrary when applied in a particular case because only of our nature and functions, to apply them just the same, in
slavish obedience to their language. What we do instead is find a balance between the sord and the will, that justice
may be done even as the law is obeyed.

As judges, we are not automatons. We do not and must not unfeelingly apply the law as it worded, yielding like
robots to the literal command without regard to its cause and consequence. "Courts are apt to err by sticking too
closely to the words of law," so we are warned, by Justice Holmes agaian, "where these words import a policy that
goes beyond them."

xxxx

More that twenty centuries ago, Justinian defined justice "as the constant and perpetual wish to render every one of
his due." That wish continues to motivate this Court when it assesses the facts and the law in ever case brought to it
for decisions. Justice is always an essential ingredient of its decisions. Thus when the facts warrant, we interpret the
law in a way that will render justice, presuming that it was the intention if the lawmaker, to begin with, that the law be
dispensed with justice. 86

Indeed, where the interpretation of a statute according to its exact and literal import would lead to mischievous
results or contravene the clear purpose of the legislature, it should be construed according to its spirit and reason,
disregarding as far as necessary the letter of the law.  A statute may therefore, be extended to cases not within the
87

literal meaning of its terms, so long as they come within its spirit or intent.
88
The foregoing notwithstanding, We cannot yet write finis to this controversy by granting Manalo's petition to
recognize and enforce the divorce decree rendered by the Japanese court and to cancel the entry of marriage in the
Civil Registry of San Juan, Metro Manila.

Jurisprudence has set guidelines before the Philippine courts recognize a foreign judgment relating to the status of a
marriage where one of the parties is a citizen of foreign country. Presentation solely of the divorce decree will not
suffice.  The fact of divorce must still first be proven.  Before a a foreign divorce decree can be recognized by our
89 90

courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law
allowing it.91

x x x Before a foreign judgment is given presumptive evidentiary value, the document must first be presented and
admitted in evidence. A divorce obtained abroad is proven by the divorce decree itself. The decree purports to be
written act or record of an act of an official body or tribunal of foreign country.

Under Sections 24 and 25 of Rule 132, on the other hand, a writing or document may be proven as a public or
official record of a foreign country by either (1) an official publication or (2) a copy thereof attested by the officer
having legal custody of the document. If the record is not kept in the Philippines, such copy must be (a)
accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service
stationed in the foreign country in which the record is kept and (b)authenticated by the seal of his office. 92

In granting Manalo's petition, the CA noted:

In this case, Petitioner was able to submit before the court a quo the 1) Decision of the Japanese Court allowing the
divorce; 2) the Authentication/Certificate issued by the Philippines Consulate General in Osaka, Japan of
the Decree of Divorce; and 3) Acceptance of Certificate of Divorce byu the Petitioner and the Japanese national.
Under Rule 132, Sections 24 and 25, in relation to Rule 39, Section 48 (b) of the Rules of Court, these documents
sufficiently prove the subject Divorce Decree as a fact. Thus, We are constrained to recognize the Japanese Court's
judgment decreeing the divorce. 93

If the opposing party fails to properly object, as in this case, the divorce decree is rendered admissible a a written
act of the foreign court.  As it appears, the existence of the divorce decree was not denied by the OSG; neither was
94

the jurisdiction of the divorce court impeached nor the validity of its proceedings challenged on the ground of
collusion, fraud, or clear mistake of fact or law, albeit an opportunity to do so. 95

Nonetheless, the Japanese law on divorce must still be proved.

x x x The burden of proof lies with the "party who alleges the existence of a fact or thing necessary in the
prosecution or defense of an action." In civil cases, plaintiffs have the burden of proving the material defendants
have the burden of proving the material allegations in their answer when they introduce new matters. x x x

It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. Like any other facts, they
must alleged and proved. x x x The power of judicial notice must be exercise d with caution, and every reasonable
doubt upon the subject should be resolved in the negative. 96

Since the divorce was raised by Manalo, the burden of proving the pertinent Japanese law validating it, as well as
her former husband's capacity to remarry, fall squarely upon her. Japanese laws on persons and family relations are
not among those matters that Filipino judges are supposed to know by reason of their judicial function.

WHEREFORE, the petition for review on certiorari is DENIED. The September 18, 2014 Decision and October 12,
2015 Resolution if the Court of Appeals in CA G.R. CV. No. 100076, are AFFIRMED IN PART. The case
is REMANDED to the court of origin for further proceedings and reception of evidence as to the relevant Japanese
law on divorce.

SO ORDERED

DIOSDADO M. PERALTA
Associate Justice
WE CONCUR:

On leave
MARIA LOURDES P.A. SERENO *

Chief Justice
Chairperson

ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.

Acting Chief Justice Associate Justice

TERESITA J. LEONARDO DE CASTRO LUCAS P. BERSAMIN

Associate Justice Associate Justice

I join the dissent of J. Caguioa I join the dissent of J. Caguioa

MARIANO C. DEL CASTILLO ESTELA M. PERLAS-BERNABE
Associate Justice Associate Justice

I concur, See Separate Opinion No part

MARVIC M.V.F. LEONEN FRANCIS H. JARDELEZA ***

Associate Justice Associate Justice

See dissenting Opinion.

SAMUEL R. MARTIRES
ALFREDO BENJAMIN S. CAGUIOA
Associate Justice
Associate Justice

NOEL G. TIJAM ANDRES B. REYES, JR.

Associate Justice Associate Justice

ALEXANDER G. GESMUNDO
Associate Justice

CERTIFICATION

Pursuant to the Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Resolution had
been reached in consultation before the case was assigned to the writer of the opinion of the Court.

ANTONIO T. CARPIO
Acting Chief Justice

Footnotes

*
 On leave

**
 Acting Chief Justice per Special Order No. 2539 dated February 28, 2018.

***
 No part

 Penned by Associate Justice Jane Aurora C. Lantion, with Associate Justices Vicente S.E. Veloso and
1

Nina G. Antonio-Valenzuela concurring; rollo, pp. 23-21.

2
 Rollo, pp. 32-33.

3
 Id. at 30. (emphasis in the original)
4
 Id. at 42-43.

5
 Id. at 25, 37-38.

6
 Id. at 40-41.

7
 663 Phil. 546 (2011).

8
 223 Phil. 357 (1985).

9
 Amor-Catalan v. Court of Appeals, 543 Phil. 568, 575 (2007), citing Garcia v. Recio, 418 Phil. 723, 735-736
(2001).

10
 Garcia v. Recio, supra, at 730 and Medina v. Koike, G.R. No. 215723, July 27, 2016, 798 SCRA 733, 739.

 Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons
11

are binding upon citizens of the Philippines, even though living abroad. (9a)

 Art 17. The forms and solemnities of contracts, wills and other public instruments shall be governed by the
12

laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of
the Philippine laws shall be observed in their execution.

Prohobited laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or judgements
promulgated, or by determinations or conventions agreed upon in a foreign country.(11a)

 Techaves v. Escano, et al., 122 Phil. 752, 759-760 (1965), as cited in Cang v. Court of Appeals, 357 Phil.
13

129, 162 (1998); Llorente v. Court of Appeals, 399 Phil. 342, 356 (2000); and Perez v. Court of
Appeals, 516 Phil. 204, 211 (2006). See also Garcia v. Recio, supra note 9, at 730; Republic v. Iyoy, 507
Phil. 485, 504 (2005); and Lavadia v. Heirs of Juan Luces Luna, 739 Phil. 331, 341-342 (2014).

14
 Garcia v. Recio, supra note 9, at 730-731.

 FAMILY CODE, Article 26, Paragraph 2. See also Garcia v. Recio, supra note 9, at 730 and Medina v.
15

Koike , supra Note 10.

 Republic of the Phils. V. Orbecido III, 509 Phil. 108, 112 (2005), as cited in San Luis v. San Luis, 543 Phil.
16

275, 291 (2007).

17
 Id. at 112-113, as cited in San Luis v. San Luis, supra.

18
 Id. at 113, as cited in San Luis v. San Luis, supra.

19
 Sempio-Diy, Alicia V., HANDBOOK ON THE FAMILY CODE OF THE PHILIPPINES, 1988, PP. 26-27.

20
 Medina v. Koike, supra note 10 and Fujiki v. Marinay 712 Phil. 524, 555 (2013).

21
 Fujiki v. Marinay, supra.

22
 Id.

 See Vda. de Catalan v. Catalan-Lee, 681 Phil. 493, 498 (2012); Roehr v. Rodriguez, 452 Phil. 608, 717-
23

618 (2003); and 2003); and Llorenre v. Court of Appeals, supra note 13.

  Supra note 19, at 27, See also Republic of the Phils. V. Orbecido III, supra note 16, at 114, as cited
24

in Fujiki v. Marinay, supra note 20, at 555 and San Luis v. San Luis, supra note 16, at 292.

 Supra note 19, at 27
25

 Supra note 16.
26

 Id. at 114-115 (Citations omitted).

27

 625 Phil. 494 (2010).

28

 Supra note 8.
29

 Dacasin v. Dacasin, supra, at 507. (Citations omitted; underscoring ours)

30

 Van Dorn v. Judge Romillo, Jr. supra note 8, at 361-363 (Citations omitted).

31

 Supra note 20.
32

 Supra note 10.
33

 Fujiki v. Marinay et al. supra note 20, at 549-550. (Citations omitted).

34

 642 Phil. 420 (2010).

35

 Supra note 9.
36

 Commissioner of Customs v. Manila Star Ferry, Inc. 298 Phil. 79, 86 (1993).

37

 Globe-Mackay Cable and Radio Corp. v. NLRC, 283 Phil. 649, 660 (1992), as cited in Victoria v.
38

Commission on Elections, 299 Phil. 263, 268 (1994); Enjay Inc. v. NLRC, 315 Phil. 648, 656 (1995);
and Pioneer Texturizing Corp. v. NLRC, 345 Phil. 1057, 1073 (1997). See also National Food Authority v.
Masada Security Agency, Inc. 493 Phil. 241, 251 (2005); Rural Bank of the San Miguel, Inc. v. Monetary
Board, 545 Phil. 62, 72 (2007); Rep. of the Phils. v. Lacap, 546 Phil. 87, 100 (2007); and Phil. Amusement
and Gaming Corp. (PAGCOR) v. Phil. Gaming Jurisdiction Inc. (PEJI), et al., 604 Phil. 547, 553 (2009).

 Mariano, Jr. v. COMELEC, 312 Phil. 259, 268 (1995).

39

 Id.
40

 623 Phil. 531, 564-565 (2009)

41

 Fujiki v. Marinay supra note 20, at 555.

42

 See Barreto Gonzalez v. Gonzalez, 58 Phil. 67, 72 (1933), as cited in Techavez v. Escaño, et al.
43

supra note 13, at 762.

 See Assn. of Small Landowners in the Phils., Inc. v. Hon. Secretary of Agrarian Reform , 256 Phil. 777,
44

808 (1989) and Sameer Overseas Placement Agency, Inc. v. Cabiles, 740 Phil. 403, 436 (2014).

 Central Bank Employees Assn., Inc. v. Bangko Sentral ng Pilipinas, 487 Phil. 531, 597 (2004) as cited
45

in Serrano v. Gallant Maritime Services, Inc. 601 Phil. 245, 436 (2009). See also Puno C.J., Separate
Concurring Opinion, Ang Ladlad LGBT Party v. COMELEC, 632 Phil. 32, 100 (2010); Brion J., Separate
Opinion, Biraogo v. Phil. Truth Commission of 2010, 651. 374, 550 (2010); and Leonardo-De Castro, Jr.,
Concurring Opinion, Garcia v. Judge Drillon, et al., 712 Phil 44, 125 (2013).
  Central Bank Employees Association, Inc. v. Bangko Sentral ng Pilipinas, supra.
46

 Serrano v. Gallant Maritime Services, Inc. et al. 601 Phil. 245, 282 (2009) and Mosqueda Pilipino Banana
47

Growers & Exporters Association , Inc. G.R. Nos, 189185 & 189305, August 16, 2016, 800 SCRA 313, 360.
See also Brion, J., Separate Opinion, Biraogo v. Philippine Truth Commission of 2010, supra Velasco, Jr., J.
Concurring Opinion, International Service for the Acquisition of Agri-Biotech Applications, Inc., v.
Greenpeace Southeast Asia (Phils.) , et al., 774 Phil. 508, 706 (2015); and Jardeleza, J., March 8, 2016,
786 SCRA 1, 904.

 Brion, J., Separate Opinion, Biraogo v. Philippines Truith Commission of 2010, supra note 45, at 553.
48

 See Morales, J., Dissenting Opinion, Central Bank Employees Assn., Inc. v. Bangko Senral ng Pilipinas,
49

487 Phil. 531, 697-698 (2004) as cited by Brion, J. Separate Opinion, Biraogo v. Philippine Truth
Commission of 2010, supra note 45, at 533, and Leonen, J., Separate Opinion, Samahan ng mga
Progresibong Kabataan v. Quezon City, G.R. No. 225442 August 8, 2017.

 Serrano v. Gallant Maritime Services, Inc. , et al., 601 Phil. 245, 298 (2009).
50

 Id.
51

 Brion J., Separate Concurring Opinion, Sps. Imbong v. Hon. Ochoa, Jr., et al., 732 Phil. 1, 326-327 (2014).
52

 To be valid, the classification must conform to the following requirements:

53

1.) It must rest on substantial distinctions.

2.) It must be germane to the purpose of the law.

3.) It must not be limited to existing conditions only.

4.) It must apply to all members of the same class. (See PAGCOR v. Bureau of Internal
Revenue, 660 Phil. 636, 648 [2011]; Maj. Gen. Garcia v. The Executive Secretary et. al. 692 Phil.
114, 141-142 [2012]; Corpuz v. People, 734 Phil. 353, 405 [2014]; Ferrer, Jr. v. Mayor Bautista, 762
Phil. 233, 277 (2015); Drugstores Association of the Philippines, Inc. v. National Council on Disability
Affairs, G.R. No. 194561, September 14, 2016, 803 SCRA 25, 22; Ocampo v. Enriquez, G.R. Nos.
225973, 225984, 226097, 226116, 226120 & 226294, November 8, 2016; and Mindanao Shopping
Destination Corp. v. Duterte, G.R. No. 211093, June 6, 2017).

 Section 1, Article III of the Constitution states:

54

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.

 Tenchavez v. Escano, et al., supra note 13, as cited in Cang v. Court of Appeals, supra note 13;; Llorente
55

v. Court of Appeals supra note 13; and Perez v. Court of Appeals, supra note 13. See also Garcia v. Recio,
supra note 9, at 730; Republic v. Iyoy, supra, note 13; and Lavadia v. Heirs of Juan Luces Luna, supra note
13. FAMILY CODE, Article 26 Pragraph 2. See also Garcia v. Recio, supra note 9, at 730 and Medina v.
Koike, supra note 10.

 Art. 35 The following marriages shall be void from the beginning:

56

(1) Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;
 (2) Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the leagl authority to do so;

(3) Those solemnized without a license, except covered by preceding Chapter;

(4) Those bigamous or polygamous marriage not falling under article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other;
and

(6) those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even
if such incapacity becomes manifest only after solemnization. (As amended by E.O. 227)

Art 37. Marriages between the following are incestuous and void from the beginning, whether the
relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of full or half blood.

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil
degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between the adopted child and a legitimate child of the adopter;

(8) Between the adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other
person's spouse or his her own spouse. (82)

Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be
null and void, unless before the celebration of the subsequent marriage, the prior spouse had been
absent for four consecutive years and the spouse present has well founded belief that the absent
spouse was already dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two
years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse
present must institute a summary proceeding as provided in this Code for the declaration of
 presumptive death of the absentee, without prejudice to the effect of reappearance of the absent
spouse. (83a)

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and
distribution of the properties of the spouses, and he delivery of the children's presumptive legitimes
shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall
not affect third persons.(n)

Art. 53 Either of the former spouses may marry again after complying with the requirements of the
immediately preceding Article; otherwise, the subsequent marriage shall be null and void.

 REL 131, Section 3(a).

57

 Id., Section 3(c).

58

 Id., Section 3(d).

59

 Id., Section 3(x)..

60

 Id., Section 3(aa).

61

 Id., Section 3(ff).

62

 Rep. of the Phils. v. Albios, 719 Phil. 622, 636 (2013).

63

 1987 CONSTITUTION, Article XV, Section 2. This echoed the Family Code provision, which provides:
64

Art. 1. Marriage is a special contract of permanent union between a man and a woman entered into
in accordance with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences, and incidents are governed
by law and not subject to stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code.

 Bernas, Joaquin G., S.J., THE INTENT OF THE 1986 CONSTITUTION WRITERS, 1995 Edition , pp. 1132
65

citing V. RECORD 41.

 Reconrd of the Constitutional Commission: Proceedings and Debates, Volume V September 24, 1986, p.
66

41.

 See Garcia Valdez v. Soteraña Tuason, 40 Phil. 943, 944 (1920); Francisco v. Tayao, 50 Phil. 42
67

(1927); People v. Bitdu, 58 Phil. 817 (1933); Sikat v. Cason, 67 Phil. 207 (1939); and Arca, et al. v.
Javier, 95. Phil. 579 (1954)

 See Baptista v. Castañeda, 76 Phil. 461 (1946); Luz v. Court of First Instance of Tacloban, 77 Phil. 679
68

(1946); Antonio v. Reyes, 519 Phil. 337 (2006).

 Baptista v. Castañeda supra at 463.

69

 Tenchavez v. Escano, et. al., supra note 13; and Perez v. Court of Appeals, supra note 13. See
70

also Garcia v. Recio, supra note 9, at 730; Republic v. Iyoy, supra note 13; and Lavadia v. Heirs of Juan
Luces Luna, 739 Phil, 331, 341-342 (2014).

 Entitled "Instituting Absolute Divorce in the Philippines, Amending for the Purpose,' with Representative
71

Edcel C. Lagman as Principal Author.

  Entitled "An Act Amending Title I, Chapter 3 of Executive No. 209, Otherwise known as the Family Code of
72

the Philippines, Prescribing Additional Ground for Annulment," with Representative Robert Ace Barbers as
Principal Author.

 Entitled "An Act Introducing Divorce in the Philippines, Amending foe the Purpose Articles 26, 55 to 66 and
73

Repealing Article 36 Under Title II of Executive Order No. 209, As Amended, Otherwise Known as the
Family Code of the Philippines, and For Other Purposes," with Gabriela Women's Party Representatives
Emmi A. De Jesus and Arlene D. Brosas as principal authors.

 Entitled "An Act Providing for Grounds for the Dissolution of Marriage," with Representatives Teddy B.
74

Baguilat, Jr. Rodel M. Batocabe, Arlene D. Brosas, Ariel B. Casilao, France L. Castro, Nancy A. Catamco,
Pia S. Cayetano, Emmi A. De Jesus, Sarah Jane I. Elago, Gwedolyn F. Garcia, Ana Cristina Siquian Go.
Edcel C. Lagman, Pantaleon D. Alvarez, Antonio L. Tinio, and Carlos Isagani T. Zarate as Principal Authors.

 See Leone, J. dissenting in Matudan v. Republic, G.R. No 203284, November 14, 2016.

75

 Re: Letter of Tony Q. Valenciano, A.M. No. 10-4-19-SC (Resolution), March 7, 2017.

76

 See Sps. Imbong , et al. v. Hon. Ochoa , Jr. et al., 732 Phil. 1, 167 (2014).
77

 Tilar v. Tilar G.R. No. 214529, July 12, 2017.

78

 Article XV, Section 1.

79

 Article XV, Section 3(2).

80

 Article II, Sectioons 11, 12 and 14. See also Republic Act Nos. 7192 ("Women in Development and Nation
81

Building Act") and 9710 ("The Magna Carta of Women").

 Bernas, Joaquin G. S.J., THE INTENT OF THE 1986 CONSTITUTION WRITERS, 1995 Edition, pp. 1132,
82

citing V. RECORD 40, 44.

 See Paras v. Paras, 555 Phil.786, 804 (2007)

83

 San Luis v. San Luis, supra note 16, at 292-293.

84

 Supra note 16.
85

 San Luis v. San Luis, supra note 16, at 293-294.

86

 Republic of the Phils. v. Orbecido III, supra note 16, at 115.

87

 Id.
88

 Garcia v. Recio, supra note 9, at 731, as cited in Vda. de Catalan v. Catalan-Lee, supra note 23, at 501.
89

 Fujiki v. Marinay, supra note 20, at 544 and Vda. de Catalan v. Catalan-Lee, supra note 23, at 499.
90

 Garcia v. Recio, supra note 9, at 731, as cited in Medina v. Koike, supra note 10 and Republic of the Phils.
91

v. Orbecido III, supra note 16, at 116. See also Bayot v. The Hon. Court of Appeals, et al. 591 Phil. 45, 470
(2008).

 Garcia v. Recio, supra note 9, at 732-733. (Citations omitted). See also Vda. de Catalan v. Catalan-Lee,
92

supra note 23, at 499 and 501-502 and San Luis v. San Luis, supra note 16, at 294.

 Rollo, pp. 29-30.
93
  Garcia v. Recio, supra note 9, at 733-734.
94

 See Bayot v. Hoen Coutrt of Appeals, et al., supra note 75, at 470-471; and Roehr v. Rodriguez,
95

supra note 23, at 617.

96
 Garcia v. Recio, supra note 9 at 735. (Citations omitted). See also Vda. de Catalan v. Catalan-Lee,
supra note 23, at 500-501; San Luis v. San Luis, supra note 16, at 295; Republic of the Phils. v. Orbecido,
III, supra note 16, at 116; Llorente v. Court of Appeals, supra note 13, 354.

Psychological Incapacity

G.R. No. 210518

REPUBLIC OF THE PHILIPPINES, Petitioner

vs
MARTIN NIKOLAI Z. JAVIER and MICHELLE K. MERCADO- JAVIER, Respondents

DECISION

REYES, JR., J.:

This is a petition for review on certiorari under Rule 45 of the Rules of Court, which seeks to reverse and set aside
1

the Court of Appeals' (CA) Decision  dated July 10, 2013, and Resolution  dated November 28, 2013, rendered in
2 3

relation to CA-G.R. CV No. 98015. In these assailed issuances, the CA reversed the ruling of the Regional Trial
Court (R TC) of Pasig City, which dismissed the petition for the declaration of nullity of marriage filed by respondent
Martin Nikolai Z. Javier (Martin) against respondent Michelle K. Mercado-Javier (Michelle) under Article 36 of the
Family Code.

Factual Antecedents

Martin and Michelle were married on February 8, 2002. 4

On November 20, 2008, Martin filed a Petition for Declaration of Nullity of Marriage and Joint Custody of Common
Minor Child under Article 36 of the Family Code.  Martin alleged that both he and Michelle were psychologically
5

incapacitated to comply with the essential obligations of marriage.  He thus prayed for the declaration of nullity of
6

their marriage, and for the joint custody of their minor child, Amanda M. Javier.7

In order to support the allegations in his petition, Martin testified on his own behalf,  and presented the psychological
8

findings of Dr. Elias D. Adamos (Dr. Adamos) (i.e., Psychological Evaluation Report on Martin and Psychological
Impression Report on Michelle).  9

In the Psychological Impression Report on Michelle, Dr. Adamos diagnosed her with Narcissistic Personality
Disorder.   Likewise, Dr. Adamos concluded in the Psychological Evaluation Report that Martin suffered from the
10

same disorder.   Their disorder was considered grave and incurable, and rendered Martin and Michelle
11

incapacitated to perform the essential obligations of marriage. Dr. Adamos further testified before the RTC to
provide his expert opinion, and stated that with respect to the Psychological Impression Report on Michelle, the
informants were Martin and the respondents' common friend, Jose Vicente Luis Serra (Jose Vicente ).   He was
12

unable to evaluate Michelle because she did not respond to Dr. Adamos' earlier request to come in for psychological
evaluation.  13

Ruling of the RTC

In its Decision  dated March 10, 2011, the RTC dismissed the petition for failure to establish a sufficient basis for the
14

declaration of nullity of the respondents' marriage. The relevant portions of the RTC's decision reads:

Upon the other hand, though Dr. Adamos diagnosed [Martin] to be afflicted with a narcissistic personality disorder,
which rendered him incapacitated to comply with his essential marital obligations of observing love, trust and
respect. [Martin's] testimony is found by the Court to be not supportive of such finding and vice-versa. In fact, on the
basis of [Martin's] declarations, the Court came up with an impression that [Martin] is a man gifted with a lot of
patience; that he was righteous, that he laudably performed his role as husband and father, and that in spite of
[Michelle's] alleged wrongdoings, he still exerted his best efforts to save their marriage.

Thus, as to [Michelle's] alleged psychological incapacity, the Court finds [Martin's] testimony to be self-serving and
Dr. Adamos' findings to be without sufficient basis.

Taking all the foregoing into consideration, the Court finds no sufficient basis for granting the relief prayed for in the
petition.

WHEREFORE, premises considered, the instant petition is DENIED.

SO ORDERED.  15

Martin moved for the reconsideration of the RTC's decision on May 18, 2011.   Finding the arguments in the motion
16

unmeritorious, the RTC denied the motion in its Order  dated September 7, 2011:
17

In the case at bar, the Court found no sufficient basis for making a finding that either petitioner or respondent or both
were afflicted with a psychological disorder within the contemplation of existing law and jurisprudence. Such being
the case, there was no need to resort to Dr. Adamos' findings.

Having said this, the Court finds no compelling reason to set aside its March 10, 2011 Decision.

Wherefore, premises considered, the pending Motion for Reconsideration is DENIED.

SO ORDERED. 18

Unsatisfied with the RTC's ruling, Martin appealed the denial of his petition to the CA.   In his Appellant's Brief,
19

Martin submitted that it is not necessary for the psychologist to personally examine the incapacitated spouse, or
Michelle in this case, before the court may rule on the petition for declaration of nullity of marriage.  He also argued
20

that, at the very least, there was sufficient evidence to support his own diagnosis of psychological
incapacity.  Martin thus claimed that the RTC committed a reversible error in dismissing his petition.
21

The Republic filed its own brief opposing the appeal of Martin. Arguing that there was no basis for Dr. Adamos'
findings as to Michelle's psychological incapacity, the Republic asserts that there was no independent proof to
establish this claim. Furthermore, the Republic argued that Martin supported his petition for declaration of nullity of
marriage with self-serving testimonies and hearsay evidence. 22

Ruling of the CA

On review, Martin's appeal was granted. In its Decision  dated July 10, 2013, the CA held that:
23

WHEREFORE, the instant appeal is GRANTED. The assailed Decision dated March 10, 2011 and the Resolution
dated September 07, 2011, respectively, issued by the [RTC] of Pasig City, Branch 261, are hereby REVERSED
AND SET ASIDE. Accordingly, the marriage between [Martin] and [Michelle] is hereby declared NULL and VOID ab
initio under Article 36 of the Family Code.

SO ORDERED. 24
The CA found that there was sufficient evidence to support Martin's claim that he is psychologically incapacitated.
The CA also negated the RTC's ruling by referring to Martin's own testimony, in which he narrated his tendency to
impose his own unrealistic standards on Michelle.  In its challenged decision, the CA likewise ruled that Michelle's
25

diagnosis was adequately supported by the narrations of Martin and Jose Vicente. 26

Aggrieved, the Republic filed its motion for reconsideration from the CA's Decision dated July 10, 2013.  The CA
27

denied the motion in its Resolution  dated November 28, 2013 for being a mere rehash of its earlier arguments.
28

The Republic is now before this Court, arguing that there was no basis for the CA's ruling granting the petition for
declaration of nullity of marriage. It argues that the testimony of Martin was self-serving, especially in relation to Dr.
Adamos' diagnosis that Michelle was psychologically incapacitated to comply with the essential marital obligations
under the Family Code. According to the Republic, there were no other witnesses that were presented in court, who
could have testified on Michelle's behavior. 29

Ruling of the Court

The Court finds the present petition partially unmeritorious. The totality of evidence supports the finding that Martin
is psychologically incapacitated to perform the essential obligations of marriage.

The psychological incapacity of a spouse must be characterized by (a) gravity; (b) juridical antecedence; and (c)
incurability, which the Court discussed in Santos v. CA, et al.   as follows: 30

The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties
required in marriage; it must be rooted in the history of the party antedating the marriage, although the overt
manifestations may emerge only after the marriage; and it must be incurable or, even if it were otherwise, the cure
would be beyond the means of the party involved.  31

The Court later clarified in Marcos v. Marcos that for purposes of establishing the psychological incapacity of a
32

spouse, it is not required that a physician conduct an actual medical examination of the person concerned. It is
enough that the totality of evidence is strong enough to sustain the finding of psychological incapacity. In such case,
however, the petitioner bears a greater burden in proving the gravity, juridical antecedence, and incurability of the
other spouse's psychological incapacity. 33

While the Court has consistently followed the parameters in Republic v. Molina,  these guidelines are not meant to
34

straightjacket all petitions for declaration of nullity of marriage. The merits of each case are determined on a case-to-
case basis, as no case is on all fours with another. 35

Martin, as the petitioner in this case, submitted several pieces of evidence to support his petition for declaration of
nullity of marriage. He testified as to his own psychological incapacity and that of his spouse, Michelle. In particular,
he stated that Michelle was confrontational even before their marriage.  He alleged that Michelle always challenged
36

his opinions on what he thinks is proper, which he insisted on because he witnessed the abuse that his mother went
through with his biological father.   He also thought that Michelle was highly impressionable and easily influenced by
37

friends, as a result of which, Martin alleged that Michelle acted recklessly and without consideration of his feelings.  38

The psychological findings of Dr. Adamos were also presented in the trial court to corroborate his claim. According
to Dr. Adamos, Michelle suffered from Narcissistic Personality Disorder as a result of childhood trauma and
defective child-rearing practices.  This disorder was supposedly aggravated by her marriage with Martin, who she
39

constantly lied to. It was also alleged in the Psychological Impression Report that Michelle openly had extra-marital
affairs.
40

The basis of Dr. Adamos' findings on the psychological incapacity of Michelle was the information provided by
Martin and Jose Vicente.  Jose Vicente was a close friend of the respondents, having introduced them to each other
1âwphi1

before their marriage.  Jose Vicente was also allegedly a regular confidant of Michelle.
41 42

While it is true that Michelle was not personally examined or evaluated for purposes of the psychological report, the
trial court was incorrect in ruling that Dr. Adamos' findings were based solely on the interview with Martin.  Even if
43

that were the case, the findings of the psychologist are not immediately invalidated for this reason alone. Because a
marriage necessarily involves only two persons, the spouse who witnessed the other spouse's behavior may "validly
relay" the pattern of behavior to the psychologist.  44

This notwithstanding, the Court disagrees with the CA's findings that Michelle was psychologically
incapacitated. We cannot absolutely rely on the Psychological Impression Report on Michelle. There were no other
independent evidence establishing the root cause or juridical antecedence of Michelle's alleged psychological
incapacity. While this Court cannot discount their first-hand observations, it is highly unlikely that they were able to
paint Dr. Adamos a complete picture of Michelle's family and childhood history. The records do not show that
Michelle and Jose Vicente were childhood friends, while Martin, on the other hand, was introduced to Michelle
during their adulthood. Either Martin or Jose Vicente, as third persons outside the family of Michelle, could not have
known about her childhood, how she was raised, and the dysfunctional nature of her family.  Without a credible
45

source of her supposed childhood trauma, Dr. Adamos was not equipped with enough information from which he
may reasonably conclude that Michelle is suffering from a chronic and persistent disorder that is grave and
incurable.

The Court's explanation in Rumbaua v. Rumbaua judiciously discussed the dangers of relying on the narrations of a
46

petitioner-spouse to the psychologist, viz.:

We cannot help but note that Dr. Tayag's conclusions about the respondent's psychological incapacity were based
on the information fed to her by only one side - the petitioner - whose bias in favor of her cause cannot be doubted.
While this circumstance alone does not disqualify the psychologist for reasons of bias, her report, testimony and
conclusions deserve the application of a more rigid and stringent set of standards in the manner we
discussed above. For, effectively, Dr. Tayag only diagnosed the respondent from the prism of a third party
account; she did not actually hear, see and evaluate the respondent and how he would have reacted and
responded to the doctor's probes.

xxxx

We find these observations and conclusions insufficiently in-depth and comprehensive to warrant the conclusion
that a psychological incapacity existed that prevented the respondent from complying with the essential obligations
of marriage. It failed to identify the root cause of the respondent's narcissistic personality disorder and to prove that
it existed at the inception of the marriage. Neither did it explain the incapacitating nature of the alleged disorder, nor
show that the respondent was really incapable of fulfilling his duties due to some incapacity of a psychological, not
physical, nature. Thus, we cannot avoid but conclude that Dr. Tayag's conclusion in her Report - i.e., that the
respondent suffered "Narcissistic Personality Disorder with traces of Antisocial Personality Disorder declared to be
grave and incurable" - is an unfounded statement, not a necessary inference from her previous characterization and
portrayal of the respondent. While the various tests administered on the petitioner could have been used as a
fair gauge to assess her own psychological condition, this same statement cannot be made with respect to
the respondent's condition. To make conclusions and generalizations on the respondent's psychological condition
based on the information fed by only one side is, to our mind, not different from admitting hearsay evidence as proof
of the truthfulness of the content of such evidence.  (Citations omitted and emphasis Ours)
47

It does not escape our attention, however, that Martin was also subjected to several psychological tests, as a result
of which, Dr. Adamos diagnosed him with Narcissistic Personality Disorder.  Additionally, the diagnosis was based
48

on Dr. Adamos' personal interviews of Martin, who underwent several-or to be accurate, more than 10-counselling
sessions with Dr. Adamos from 2008 to 2009.  These facts were uncontroverted by the Republic.
49

In his testimony, Dr. Adamos explained that Martin had a "grandiose self[-]existence," which proceeded from his
"ideas of preference towards ideal love and ideal marriage."  Dr. Adamos also found that Martin lacked empathy,
50

leading him to disregard and ignore the feelings of Michelle. 51

As a result, Martin was diagnosed with Narcissistic Personality Disorder, with tendencies toward sadism.   Dr.52

Adamos concluded from the tests administered on Martin that this disorder was rooted in the traumatic experiences
he experienced during his childhood, having grown up around a violent father who was abusive of his mother.  This 53

adversely affected Martin in such a manner that he formed unrealistic values and standards on his own marriage,
and proposed unconventional sexual practices. When Michelle would disagree with his ideals, Martin would not only
quarrel with Michelle, but would also inflict harm on her.   Other manifestations include excessive love for himself,
54

self-entitlement, immaturity, and self-centeredness. 55

These circumstances, taken together, prove the three essential characteristics of psychological incapacity on the
part of Martin. As such, insofar as the psychological incapacity of Martin is concerned, the CA did not
commit a reversible error in declaring the marriage of the respondents null and void under Article 36 of the
Family Code.

As a final note, the Court emphasizes that the factual circumstances obtaining in this specific case warrant the
declaration that Martin is psychologically incapacitated to perform the essential marital obligations at the time of his
marriage to Michelle. This is neither a relaxation nor abandonment of previous doctrines relating to Article 36 of the
Family Code. The guidelines in Molina still apply to all petitions for declaration of nullity of marriage inasmuch as
this Court does not lose sight of the constitutional protection to the institution of marriage.

WHEREFORE, premises considered, the petition for review on certiorari is PARTIALLY GRANTED insofar as the

psychological incapacity of respondent Michelle K. Mercado-Javier is concerned. The Decision dated July 10, 2013
and Resolution dated November 28, 2013 of the Court of Appeals in CA-G.R. CV No. 98015 are MODIFIED to the
extent that the marriage of the respondents on February 8, 2002 is declared NULL and VOID AB INITIO due to the
psychological incapacity of respondent Martin Nikolai Z. Javier, pursuant to Article 36 of the Family Code.

SO ORDERED.

ANDRES B. REYES, JR.

Associate Justice

WE CONCUR:

ANTONIO T. CARPIO
Acting Chief Justice
Chairperson

DIOSDADO M. PERALTA ESTELA M. PERLAS-BERNABE

Associate Justice Associate Justice

ALFREDO BENJAMIN S. CAGUIOA

Associate Justice

CERTIFICATION

I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned
to the writer of the opinion of the Court’s Division.

MARIA LOURDES P.A. SERENO

Chief Justice

Footnotes

*
 Designated as Acting Chief Justice per Special Order No. 2539 dated February 28, 2018.

1
 Rollo, pp. 9-33.

 Penned by Associate Justice Stephen C. Cruz, with Associate Justices Magdangal M. De Leon and Myra
2

V. Garcia-Fernandez, concurring; id at 36-51.

3
 Id. at 53-54.
4
 Rollo, p. 70.

5
 Id. at 58-69.

6
 Id. at 64-66.

7
 Id. at 67-68.

8
 Id. at 193-204.

9
 Id. at 72-73, 205-211.

10
 Id. at 209.

11
 Id. at 45, 65.

12
 Id. at 47.

13
 Id. at 79.

14
 Id. at 80-83.

15
 Id. at 83.

16
 Id. at 84-106.

17
 Id. at 107-108.

18
 Id. at 108.

19
 Id. at 109.

20
 Id. at 132-138.

21
 Id. at 139-144.

22
 Id. at 154-185.

23
 Id. at 35-51.

24
 Id. at 50.

25
 Id. at 45-47.

26
 Id. at 47-50.

27
 Id. at 186- 192.

28
 Id. at 52-54.

29
 Id. at 16-27.

30
 310 Phil. 21, 39 (1995).

31
 Id. at 39.
  397 Phil. 840, 850 (2000).
32

 Vinas v. Parel-Viñas, 751 Phil. 762, 769-770 (2015).

33

 335 Phil. 664 (1997).

34

 Bier v. Bier, et al., 570 Phil. 442, 448-449 (2008).

35

 Rollo, p. 37.
36

 Id. at 194-195.
37

 Id. at 37-39, 194-20 I.

38

 Id. at 209.
39

 Id. at 210.
40

 Id. at 47, 136-137.

41

 Id. at 136.
42

 Id. at 83.
43

 Camacho-Reyes v. Reyes, 642 Phil. 602, 627 (2010).

44

 Rollo, p. 209.
45

 612 Phil. 1061 (2009).

46

 Id. at 1084-1085.
47

 Rollo, pp. 45, 205-211.

48

 Id. at 95.
49

 Id. at 46.
50

 Id. at 47.
51

 Id. at 45-46.
52

 Id. at 93-95.
53

VAWC

Republic Act No. 9262             March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of
2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and
guarantees full respect for human rights. The State also recognizes the need to protect the family and its members
particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping
with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of
Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the
Rights of the Child and other international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate
or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent shows
or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep together in the same room with
the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
 3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or
properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical
and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit
of marriage or are romantically involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between 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
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of
the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered his things and escort
respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a
distance specified by the court, and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner
to the residence of the parties to ensure that the petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of
personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
 (h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him
to surrender the same to the court for appropriate disposition by the court, including revocation of license
and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety
of the petitioner and any designated family or household member, provided petitioner and any designated
family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the
following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under
Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a
TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial
court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court
exists in the place of residence of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any
civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard
protection order application form, written in English with translation to the major local languages, shall be made
available to facilitate applications for protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

 (c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a)
the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for
the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so
stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city
over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement
agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand
Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the
applications for a protection order for the appointment of counsel because of lack of economic means to hire a
counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in
the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel
de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to
family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify
the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs)
refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts
under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If
the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the
BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the application after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for
thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration
of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff
who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date
of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued
by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer
shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the
respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice,
the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the
evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if
the same was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court
shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment
is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to
address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective
until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure
immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of
violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall
become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from
which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type
or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application
for a protection order within the reglementary period specified in the previous section without justifiable cause shall
render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is
alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents
of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be
conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the
basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay
officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act
above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection
order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be
filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty
(30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts
committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment,
the trial court may motu proprio issue a protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under
Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file
for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders
shall be applicable in impliedly instituted with the criminal actions involving violence against women and their
children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is
issued to give a bond to keep the peace, to present two 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 Barangy or the courts;

(g) arrest the suspected perpetrator wiithout 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;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and
exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in
cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is
an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order,
the court shall accept the application without payment of the filing fee and other fees and of transcript of
stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of
the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and
their children, hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well
as develop capability programs for their employees to become more sensitive to the needs of their clients. The
Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an
assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall
receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules
and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and
treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment
or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases.
– All agencies involved in responding to violence against women and their children cases shall be required to
undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the likelihood
of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and
barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten
(10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible
when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with
the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in
any format, the name, address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt
power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more
than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the
annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement
services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ,
the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified
by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws,
shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the
other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers of general circulation.

Approved,

JOSE DE VENECIA JR. FRANKLIN DRILON

Speaker of the House of President of the Senate
Representatives

This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by
the Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

ROBERTO P. NAZARENO OSCAR G. YABES

Secretary General Secretary of Senate
House of Represenatives

Approved: March 08, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines

CHILD ABUSE

Republic Act No. 7610             June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
 ARTICLE I
Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation
and Discrimination Act."

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to
provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The
State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having care and custody of the
same. 1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities
for a useful and happy life.

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity
of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment
of his growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;
 (4) Being a member of a indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children. 1awphi1Ÿ

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited
to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage
such child in prostitution.
 (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the
penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal
in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said
child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is
receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section
5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act,
or, in the proper case, under the Revised Penal Code.

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not
limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the
penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the
victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7
of this Act:
1awphi1@alf

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child
trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be
imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of
prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be
imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow
such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts
covered by this section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty
of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social,
moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in
his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should
the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows
any person to take along with him to such place or places any minor herein described shall be imposed a
penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and
the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period
to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph
2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide,
other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is
under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and
341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall
be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.

ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities

Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and
Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of
abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner
or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws.
A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the
Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking,
obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the
premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise
such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for
foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or
opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities
constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.

ARTICLE VIII
Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's parent
or guardian, with the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following requirements in all instances are strictly
complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance
of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports
shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral
and vocational efficiency of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective under given
circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ
child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and
its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109
of Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of
not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of
not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided,
That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be
revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this
Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective communities.

Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall
develop and institute an alternative system of education for children of indigenous cultural communities which
culture-specific and relevant to the needs of and the existing situation in their communities. The Department of
Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of
indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous cultural communities are given equal attention. In the
provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices
shall be respected and recognized.

Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all
forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto
mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand
pesos (P10,000).

Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed

representatives shall be involved in planning, decision-making implementation, and evaluation of all government
programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and
respected.

ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected
from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian
units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief services shall
be kept unhampered;

(d) The safety and protection of those who provide services including those involved in fact-finding missions
from both government and non-government institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to
armed conflict.

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation
as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-
being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be
housed in the same premises and given separate accommodation from other evacuees and provided with facilities
to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be
given additional food in proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been
arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following
rights;

(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of
Social Welfare and Development or any responsible member of the community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the
acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable
against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to
such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as
appeals in criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the
barangay affected by the armed conflict shall submit the names of children residing in said barangay to the
municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed
conflict.

ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity; 1awphi1@ITC

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56,
series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.

Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until
the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry,
to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party. Lawphi1@alf

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of
the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election
cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give
preference to the hearing or disposition of cases involving violations of this Act.

ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or
affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever
barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public
officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion
temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or
any immediate member of his family if the latter is the perpetrator of the offense.

ARTICLE XIII
Final Provisions

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general
circulation.

Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to
be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining
provisions not affected thereby shall continue in full force and effect.

Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby
repealed or modified accordingly.

Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2)
national newspapers of general circulation.

Approved: June 17, 1992. lawphi1 Ÿ

 Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress

First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand and one.

[REPUBLIC ACT NO. 9165]

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO.
6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled.

SECTION 1. Short Title. — This Act shall be known and cited as the “Comprehensive Dangerous Drugs Act of 2002”.

SEC. 2. Declaration of Policy. — It is the policy of the State to safeguard the integrity of its territory and the well-being of its
citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to
defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State
needs to enhance further the efficacy of the law against dangerous drugs, it being one of today’s more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of
dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of
anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a balance in the national drug
control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of
appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals
who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and
rehabilitation.

ARTICLE I

DEFINITION OF TERMS

SEC. 3. Definitions. — As used in this Act, the following terms shall mean:

(a) Administer. — Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by
injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering
a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication.

(b) Board. — Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.

(c) Centers. — Any of the treatment and rehabilitation centers for drug dependents referred to in Section 75, Article VIII of this
Act.

d) Chemical Diversion. — The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured
controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such
transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail
fraud.

(e) Clandestine Laboratory. — Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor
and essential chemical.
(f) Confirmatory Test. — An analytical test using a device, tool or equipment with a different chemical or physical principle that is
more specific which will validate and confirm the result of the screening test.

(g) Controlled Delivery. — The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug
and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or
indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view
to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that
offense.

(h) Controlled Precursors and Essential Chemicals. — Include those listed in Tables I and II of the 1988 UN Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of
this Act.

(i) Cultivate or Culture. — Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any
plant which is the source of a dangerous drug.

(j) Dangerous Drugs. — Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral part of this Act.

(k) Deliver. — Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or
without consideration.

(l) Den, Dive or Resort. — A place where any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

(m) Dispense. — Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of
prescription.

(n) Drug Dependence. — As based on the World Health Organization definition, it is a cluster of physiological, behavioral and
cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving,
among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.

(o) Drug Syndicate. — Any organized group of two (2) or more persons forming or joining together with the intention of
committing any offense prescribed under this Act.

(p) Employee of Den, Dive or Resort. — The caretaker, helper, watchman, lookout, and other persons working in the den, dive
or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the
operation thereof.

(q) Financier. — Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed
under this Act.

(r) Illegal Trafficking. — The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and
essential chemical.

(s) Instrument. — Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or
related offenses.

(t) Laboratory Equipment. — The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for
use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel,
preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

(u) Manufacture. — The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor
and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging
of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not
include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as
an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice
including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for
any other purpose.

(v) Cannabis or commonly known as “Marijuana” or “Indian Hemp” or by its any other name. — Embraces every kind, class,
genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering
or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin,
extract, tincture or in any form whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or by its any other name. — Refers to the
drug having such chemical composition, including any of its isomers or derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as “Shabu”, “Ice”, “Meth”, or by its any other name. — Refers to the
drug having such chemical composition, including any of its isomers or derivatives in any form.

(y) Opium. — Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and
character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom;
morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient;
opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not.

(z) Opium Poppy. — Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver
orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or
substances derived therefrom, even for floral, decorative and culinary purposes.

(aa) PDEA. — Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.

(bb) Person. — Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock
company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or
entering into obligations.

(cc) Planting of Evidence. — The willful act by any person of maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the
purpose of implicating, incriminating or imputing the commission of any violation of this Act.

(dd) Practitioner. — Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian
or pharmacist in the Philippines.

(ee) Protector/Coddler. — Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses
his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or
has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.

(ff) Pusher. — Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.

(gg) School. — Any educational institution, private or public, undertaking educational operation for pupils/students pursuing
certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a
particular physical or cyber site.

(hh) Screening Test. — A rapid test performed to establish potential/presumptive positive result.

(ii) Sell. — Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or
any other consideration.

(jj) Trading. — Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-way radios,
internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other
consideration in violation of this Act.
(kk) Use. — Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous drugs.

ARTICLE II

UNLAWFUL ACTS AND PENALTIES

SEC. 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines
any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part
thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall import any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under this Act,
shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use
of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as
a “protector/coddler” of any violator of the provisions under this Section.

SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. — The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport
any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as
a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit
or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled
precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum penalty shall be
imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemicals trade, the maximum
penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled
precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof,
the maximum penalty provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as
a “protector/coddler” of any violator of the provisions under this Section.
SEC. 6. Maintenance of a Den, Dive or Resort. — The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or
group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold
in any form.

The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is
administered, delivered or sold to a minor who is allowed to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the
penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed
on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government:
Provided, That the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove such intent on the part of the owner to use the property for such purpose:
Provided, finally, That the owner shall be included as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as
a “protector/coddler” of any violator of the provisions under this Section. ITHADC

SEC. 7. Employees and Visitors of a Den, Dive or Resort. — The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

(b) Any person who, not being included in the provisions of the next preceding paragraph, is aware of the nature of the place as
such and shall knowingly visit the same.

SEC. 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any
dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a
prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine
laboratory is undertaken or established under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s;

(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential,
business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations; or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as
a “protector/coddler” of any violator of the provisions under this Section.

SEC. 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. — The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall illegally divert any controlled precursor and essential chemical.

SEC. 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. — The penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture with intent to
deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where
one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled
precursor and essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug in violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a mentally
incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs.

SEC. 11. Possession of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or “shabu”;

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or
“ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the
Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantity of methamphetamine hydrochloride or “shabu” is ten (10) grams or more but less than fifty (50)
grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or
more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or “shabu”, or other dangerous drugs such as, but not limited to, MDMA or “ecstasy”,
PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but
less than five hundred (500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand
pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5)
grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or “shabu”, or other dangerous drugs such as, but not limited to, MDMA or “ecstasy”, PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.

SEC. 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. — The penalty of
imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in the case of
medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other
paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes
enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered
to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.

SEC. 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. — Any person found possessing any
dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall
suffer the maximum penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such dangerous
drugs.

SEC. 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social
Gatherings or Meetings. — The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person, who
shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2) persons.

SEC. 15. Use of Dangerous Drugs. — A person apprehended or arrested, who is found to be positive for use of any dangerous
drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center
for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second
time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section
shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.

SEC. 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy or any other
plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any
dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and medical research
centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary
implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and
escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such cultivation or culture despite the
exercise of due diligence on his/her part. If the land involved is part of the public domain, the maximum penalty provided for
under this Section shall be imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as
a “protector/coddler” of any violator of the provisions under this Section.
SECTION 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. — The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and
keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in
accordance with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in case of a
practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer.

SEC. 18. Unnecessary Prescription of Dangerous Drugs. — The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) and the additional penalty of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological condition does not require
the use or in the dosage prescribed therein, as determined by the Board in consultation with recognized competent experts who
are authorized representatives of professional organizations of practitioners, particularly those who are involved in the care of
persons with severe pain.

SEC. 19. Unlawful Prescription of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

SEC. 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds
Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. — Every penalty imposed
for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of
any dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby,
and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person
not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to
the provisions of Section 21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately schedule a hearing
for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either
owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to
his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off not later than
five (5) days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be
confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall
be admitted for the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to pay all proper
expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the property pending
disposition, as well as expenses for publication and court costs. The proceeds in excess of the above expenses shall accrue to
the Board to be used in its campaign against illegal drugs.

SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA
shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or
surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be
submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory
examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the volume of
the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein
the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification
shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the
media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: Provider, further, That a
representative sample, duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together
with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In
all instances, the representative sample/s shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings
and his/her presence shall not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a
representative after due notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual
burning or destruction of the evidence in question, the Secretary of Justice shall appoint a member of the public attorney’s office
to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in
court, the trial prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court for leave
to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours
from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs defined herein which
are presently in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused and/or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided
under this Section shall be implemented by the DOH.

SEC. 22. Grant of Compensation, Reward and Award. — The Board shall recommend to the concerned government agency the
grant of compensation, reward and award to any person providing information and to law enforcers participating in the operation,
which results in the successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals.

SEC. 23. Plea-Bargaining Provision. — Any person charged under any provision of this Act regardless of the imposable penalty
shall not be allowed to avail of the provision on plea-bargaining.

SEC. 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. — Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation
Law or Presidential Decree No. 968, as amended.

SEC. 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs. — Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs
shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable.

SEC. 26. Attempt or Conspiracy. — Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the
same penalty prescribed for the commission of the same as provided under this Act:

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled
precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and

(e) Cultivation or culture of plants which are sources of dangerous drugs.

SEC. 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained
from the Unlawful Act Committed. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public
office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated,
seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as
provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as
prescribed in this Act, or have received any financial or material contributions or donations from natural or juridical persons
found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and perpetually disqualified
from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including
government-owned or -controlled corporations.

SEC. 28. Criminal Liability of Government Officials and Employees.  — The maximum penalties of the unlawful acts provided for
in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such
unlawful acts are government officials and employees.

SEC. 29. Criminal Liability for Planting of Evidence. — Any person who is found guilty of “planting” any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death.

SEC. 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. — In case any
violation of this Act is committed by a partnership, corporation, association or any juridical entity, the partner, president, director,
manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally
liable as a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee,
estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft,
equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other
instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which
they are affiliated.

SEC. 31. Additional Penalty if Offender is an Alien. — In addition to the penalties prescribed in the unlawful act committed, any
alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further
proceedings, unless the penalty is death.

SEC. 32. Liability to a Person Violating Any Regulation Issued by the Board. — The penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to this Act, in
addition to the administrative sanctions imposed by the Board.

SEC. 33. Immunity from Prosecution and Punishment. — Notwithstanding the provisions of Section 17, Rule 119 of the Revised
Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of
1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information
about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if
committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members
thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment
for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution: Provided, That the following conditions concur:

(1) The information and testimony are necessary for the conviction of the persons described above;

(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;

(4) The informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no
other direct evidence available for the State other than the information and testimony of said informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing,
lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the
offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence
available for the State except for the information and testimony of the said informant or witness.

SEC. 34. Termination of the Grant of Immunity. — The immunity granted to the informant or witness, as prescribed in Section 33
of this Act, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only
for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom
such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the
enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed
terminated.

In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or
should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and
he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and
benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.

In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual
cannot avail of the provisions under Article VIII of this Act.

SEC. 35. Accessory Penalties. — A person convicted under this Act shall be disqualified to exercise his/her civil rights such as
but not limited to, the rights of parental authority or guardianship, either as to the person or property of any ward, the rights to
dispose of such property by any act or any conveyance inter vivos, and political rights such as but not limited to, the right to vote
and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction.

ARTICLE III

DANGEROUS DRUGS TEST AND RECORD REQUIREMENTS

SEC. 36. Authorized Drug Testing. — Authorized drug testing shall be done by any government forensic laboratories or by any
of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH shall take
steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test.
The drug testing shall employ, among others, two (2) testing methods, the screening test which will determine the positive result
as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. Drug test certificates
issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other
purposes. The following shall be subjected to undergo drug testing:

(a) Applicants for driver’s license. — No driver’s license shall be issued or renewed to any person unless he/she presents a
certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;

(b) Applicants for firearm’s license and for permit to carry firearms outside of residence. — All applicants for firearm’s license
and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use
of dangerous drugs: Provided, That all persons who by the nature of their profession carry firearms shall undergo drug testing;

(c) Students of secondary and tertiary schools. — Students of secondary and tertiary schools shall, pursuant to the related rules
and regulations as contained in the school’s student handbook and with notice to the parents, undergo a random drug testing:
Provided, That all drug testing expenses whether in public or private schools under this Section will be borne by the government;

(d) Officers and employees of public and private offices. — Officers and employees of public and private offices, whether
domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work rules and
regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee
found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement agencies. — Officers and members of the military,
police and other law enforcement agencies shall undergo an annual mandatory drug test;

(f) All persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not
less than six (6) years and one (1) day shall have to undergo a mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a
mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be subject to
the provisions of Section 15 of this Act.

SEC. 37. Issuance of False or Fraudulent Drug Test Results. — Any person authorized, licensed or accredited under this Act
and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug test results knowingly,
willfully or through gross negligence, shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a
practitioner, and the closure of the drug testing center.

SEC. 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. — Subject to Section 15 of this Act, any person
apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test
within twenty-four (24) hours, if the apprehending or arresting officer has reasonable ground to believe that the person
apprehended or arrested, on account of physical signs or symptoms or other visible or outward manifestation, is under the
influence of dangerous drugs. If found to be positive, the results of the screening laboratory examination or test shall be
challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted in any accredited analytical
laboratory equipment with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method, if
confirmed the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the
prosecution for other violations of the provisions of this Act: Provided, That a positive screening laboratory test must be
confirmed for it to be valid in a court of law.

SEC. 39. Accreditation of Drug Testing Centers and Physicians. — The DOH shall be tasked to license and accredit drug testing
centers in each province and city in order to assure their capacity, competence, integrity and stability to conduct the laboratory
examinations and tests provided in this Article, and appoint such technical and other personnel as may be necessary for the
effective implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug dependency
examination of a drug dependent as well as the after-care and follow-up program for the said drug dependent. There shall be a
control regulations, licensing and accreditation division under the supervision of the DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, which must be
provided at least with basic technologically advanced equipment and materials, in order to conduct the laboratory examination
and tests herein provided, and appoint such qualified and duly trained technical and other personnel as may be necessary for
the effective implementation of this provision.

SEC. 40. Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals.

a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep
an original record of sales, purchases, acquisitions and deliveries of dangerous drugs, indicating therein the following
information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have been
purchased;

(3) Quantity and name of the dangerous drugs purchased or acquired;

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered; and

(8) Date of sale or delivery.

A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or the owner of the
drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within fifteen (15) days following the last day of
June and December of each year, with a copy thereof furnished the city or municipal health officer concerned.

(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription
therefor in one (1) original and two (2) duplicate copies. The original, after the prescription has been filled, shall be retained by
the pharmacist for a period of one (1) year from the date of sale or delivery of such drug. One (1) copy shall be retained by the
buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by
the person issuing the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be written on forms
exclusively issued by and obtainable from the DOH. Such forms shall be made of a special kind of paper and shall be distributed
in such quantities and contain such information and other data as the DOH may, by rules and regulations, require. Such forms
shall only be issued by the DOH through its authorized employees to licensed physicians, dentists, veterinarians and
practitioners in such quantities as the Board may authorize. In emergency cases, however, as the Board may specify in the
public interest, a prescription need not be accomplished on such forms. The prescribing physician, dentist, veterinarian or
practitioner shall, within three (3) days after issuing such prescription, inform the DOH of the same in writing. No prescription
once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled.

(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or controlled precursors
and essential chemicals shall keep a record of all inventories, sales, purchases, acquisitions and deliveries of the same as well
as the names, addresses and licenses of the persons from whom such items were purchased or acquired or to whom such
items were sold or delivered, the name and quantity of the same and the date of the transactions. Such records may be
subjected anytime for review by the Board.

ARTICLE IV

PARTICIPATION OF THE FAMILY, STUDENTS,

TEACHERS AND SCHOOL AUTHORITIES IN
THE ENFORCEMENT OF THIS ACT

SEC. 41. Involvement of the Family. — The family being the basic unit of the Filipino society shall be primarily responsible for
the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family
members who may be susceptible to drug abuse.

SEC. 42. Student Councils and Campus Organizations. — All elementary, secondary and tertiary schools’ student councils and
campus organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous
drugs, and referral for treatment and rehabilitation of students for drug dependence.

SEC. 43. School Curricula. — Instruction on drug abuse prevention and control shall be integrated in the elementary, secondary
and tertiary curricula of all public and private schools, whether general, technical, vocational or agro-industrial as well as in non-
formal, informal and indigenous learning systems. Such instructions shall include:

(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school and the community;

(2) Preventive measures against drug abuse;

(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem;

(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for the treatment
and rehabilitation of drug dependents; and

(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of dangerous drugs
for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid
confusion and accidental stigmatization in the consciousness of the students.
SEC. 44. Heads, Supervisors, and Teachers of Schools. — For the purpose of enforcing the provisions of Article II of this Act, all
school heads, supervisors and teachers shall be deemed persons in authority and, as such, are hereby empowered to
apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of the said provisions, pursuant to
Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in the school or within its
immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their
official capacity as school heads, supervisors, and teachers.

Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable for
violating any of said provisions, shall have the duty to report the same to the school head or immediate superior who shall, in
turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing,
constitute sufficient cause for disciplinary action by the school authorities.

SEC. 45. Publication and Distribution of Materials on Dangerous Drugs. — With the assistance of the Board, the Secretary of
the Department of Education (DepEd), the Chairman of the Commission on Higher Education (CHED) and the Director-General
of the Technical Education and Skills Development Authority (TESDA) shall cause the development, publication and distribution
of information and support educational materials on dangerous drugs to the students, the faculty, the parents, and the
community.

SEC. 46. Special Drug Education Center. — With the assistance of the Board, the Department of the Interior and Local
Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and Development (DSWD)
shall establish in each of its provincial office a special education drug center for out-of-school youth and street children. Such
Center which shall be headed by the Provincial Social Welfare Development Officer shall sponsor drug prevention programs and
activities and information campaigns with the end in view of educating the out-of-school youth and street children regarding the
pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all public and private
orphanage and existing special centers for street children.

ARTICLE V

PROMOTION OF A NATIONAL DRUG-FREE

WORKPLACE PROGRAM WITH THE PARTICIPATION OF
PRIVATE AND LABOR SECTORS AND THE DEPARTMENT
OF LABOR AND EMPLOYMENT

SEC. 47. Drug-Free Workplace. — It is deemed a policy of the State to promote drug-free workplaces using a tripartite
approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall develop, promote and
implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten (10) or more
employees. Such program shall include the mandatory drafting and adoption of company policies against drug use in the
workplace in close consultation and coordination with the DOLE, labor and employer organizations, human resource
development managers and other such private sector organizations.

SEC. 48. Guidelines for the National Drug-Free Workplace Program. — The Board and the DOLE shall formulate the necessary
guidelines for the implementation of the national drug-free workplace program. The amount necessary for the implementation of
which shall be included in the annual General Appropriations Act.

ARTICLE VI

PARTICIPATION OF THE PRIVATE AND LABOR

SECTORS IN THE ENFORCEMENT OF THIS ACT

SEC. 49. Labor Organizations and the Private Sector. — All labor unions, federations, associations, or organizations in
cooperation with the respective private sector partners shall include in their collective bargaining or any similar agreements, joint
continuing programs and information campaigns for the laborers similar to the programs provided under Section 47 of this Act
with the end in view of achieving a drug free workplace.

SEC. 50. Government Assistance. — The labor sector and the respective partners may, in pursuit of the programs mentioned in
the preceding Section, secure the technical assistance, such as but not limited to, seminars and information dissemination
campaigns of the appropriate government and law enforcement agencies.

ARTICLE VII
 PARTICIPATION OF
LOCAL GOVERNMENT UNITS

SEC. 51. Local Government Units’ Assistance. — Local government units shall appropriate a substantial portion of their
respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or educational
programs and the rehabilitation or treatment of drug dependents.

SEC. 52. Abatement of Drug Related Public Nuisances. — Any place or premises which have been used on two or more
occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance, and such
nuisance may be abated, pursuant to the following procedures:

(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances;

(2) Any employee, officer, or resident of the city or municipality may bring a complaint before the Board after giving not less than
three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address; and

(3) After hearing in which the Board may consider any evidence, including evidence of the general reputation of the place or
premises, and at which the owner of the premises shall have an opportunity to present evidence in his/her defense, the Board
may declare the place or premises to be a public nuisance.

SEC. 53. Effect of Board Declaration. — If the Board declares a place or premises to be a public nuisance, it may declare an
order immediately prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is
conducive to such nuisance.

An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order. The Board may
bring a complaint seeking a permanent injunction against any nuisance described under this Section.

This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance.

ARTICLE VIII

PROGRAM FOR TREATMENT AND

REHABILITATION OF DRUG DEPENDENTS

SEC. 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. — A drug dependent or any
person who violates Section 15 of this Act may, by himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter to the Court which shall
order that the applicant be examined for drug dependency. If the examination by a DOH-accredited physician results in the
issuance of a certification that the applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six (6) months: Provided, That a drug dependent
may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the residence of
the drug dependent or where said drug dependent is below eighteen (18) years of age and is a first-time offender and non-
confinement in a Center will not pose a serious danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the Court, as well as the
Board, shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and
determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community.

SEC. 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. — A drug dependent under the
voluntary submission program, who is finally discharged from confinement, shall be exempt from the criminal liability under
Section 15 of this Act subject to the following conditions:

(1) He/she has complied with the rules and regulations of the Center, the applicable rules and regulations of the Board, including
the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the
Center or, in the case of a dependent placed under the care of the DOH-accredited physician, the after-care program and follow-
up schedule formulated by the DSWD and approved by the Board: Provided, That capability-building of local government social
workers shall be undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous Drugs Act of 1972 or
Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she surrendered by himself/herself
or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, within one (1) week
from the date of the said escape; and

(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal
liability.

SEC. 56. Temporary Release from the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission Program.
— Upon certification of the Center that the drug dependent within the voluntary submission program may be temporarily
released, the Court shall order his/her release on condition that said drug dependent shall report to the DOH for after-care and
follow-up treatment, including urine testing, for a period not exceeding eighteen (18) months under such terms and conditions
that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may be discharged by
the Court, subject to the provisions of Section 55 of this Act, without prejudice to the outcome of any pending case filed in court.

However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months, the drug
dependent requires further treatment and rehabilitation in the Center, he/she shall be recommitted to the Center for confinement.
Thereafter, he/she may again be certified for temporary release and ordered released for another after-care and follow-up
program pursuant to this Section.

SEC. 57. Probation and Community Service Under the Voluntary Submission Program. — A drug dependent who is discharged
as rehabilitated by the DOH-accredited Center through the voluntary submission program, but does not qualify for exemption
from criminal liability under Section 55 of this Act, may be charged under the provisions of this Act, but shall be placed on
probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice to
the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after-care and follow-up program, which may be done
in coordination with nongovernmental civic organizations accredited by the DSWD, with the recommendation of the Board.

SEC. 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program. — A
drug dependent, who is not rehabilitated after the second commitment to the Center under the voluntary submission program,
shall, upon recommendation of the Board, be charged for violation of Section 15 of this Act and prosecuted like any other
offender. If convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in the service of
his/her sentence.

SEC. 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. — Should a
drug dependent under the voluntary submission program escape from the Center, he/she may submit himself/herself for
recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within said period, surrender him for recommitment, in which case the corresponding order shall
be issued by the Board.

Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to the court for a
recommitment order upon proof of previous commitment or his/her voluntary submission by the Board, the court may issue an
order for recommitment within one (1) week.

If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be charged for violation of
Section 15 of this Act and be subjected under Section 61 of this Act, either upon order of the Board or upon order of the court,
as the case may be.

SEC. 60. Confidentiality of Records Under the Voluntary Submission Program. — Judicial and medical records of drug
dependents under the voluntary submission program shall be confidential and shall not be used against him for any purpose,
except to determine how many times, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment and rehabilitation or
has been committed to a Center under this program.

SEC. 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. —
Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous
drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any
Center duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person
authorized by the Board with the Regional Trial Court of the province or city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be
served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two (2) physicians
accredited by the Board. If both physicians conclude that the respondent is not a drug dependent, the court shall order his/her
discharge. If either physician finds him to be a dependent, the court shall conduct a hearing and consider all relevant evidence
which may be offered. If the court finds him a drug dependent, it shall issue an order for his/her commitment to a treatment and
rehabilitation center under the supervision of the DOH. In any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days from the filing of the appropriate petition.

SEC. 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation. — If a person
charged with an offense where the imposable penalty is imprisonment of less than six (6) years and one (1) day, and is found by
the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the case
may be, shall suspend all further proceedings and transmit copies of the record of the case to the Board.

In the event the Board determines, after medical examination, that public interest requires that such drug dependent be
committed to a center for treatment and rehabilitation, it shall file a petition for his/her commitment with the regional trial court of
the province or city where he/she is being investigated or tried: Provided, That where a criminal case is pending in court, such
petition shall be filed in the said court. The court shall take judicial notice of the prior proceedings in the case and shall proceed
to hear the petition. If the court finds him to be a drug dependent, it shall order his/her commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to the court every four (4) months, or as often as the court may require, a
written report on the progress of the treatment. If the dependent is rehabilitated, as certified by the Center and the Board, he/she
shall be returned to the court, which committed him, for his/her discharge therefrom.

Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the case may be. In
case of conviction, the judgment shall, if the accused is certified by the treatment and rehabilitation center to have maintained
good behavior, indicate that he/she shall be given full credit for the period he/she was confined in the Center: Provided,
however, That when the offense is for violation of Section 15 of this Act and the accused is not a recidivist, the penalty thereof
shall be deemed to have been served in the Center upon his/her release therefrom after certification by the Center and the
Board that he/she is rehabilitated.

SEC. 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program. — The
period of prescription of the offense charged against a drug dependent under the compulsory submission program shall not run
during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation
program approved by the Board.

Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall order his/her
release on condition that he/she shall report to the Board through the DOH for after-care and follow-up treatment for a period not
exceeding eighteen (18) months under such terms and conditions as may be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation, the court shall order
his/her final discharge from confinement and order for the immediate resumption of the trial of the case for which he/she is
originally charged. Should the Board through the DOH find at anytime during the after-care and follow-up period that he/she
requires further treatment and rehabilitation, it shall report to the court, which shall order his/her recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom, he/she may
resubmit himself/herself for confinement within one (1) week from the date of his/her escape; or his/her parent, spouse, guardian
or relative within the fourth degree of consanguinity or affinity may, within the same period, surrender him for recommitment. If,
however, the drug dependent does not resubmit himself/herself for confinement or he/she is not surrendered for recommitment,
the Board may apply with the court for the issuance of the recommitment order. Upon proof of previous commitment, the court
shall issue an order for recommitment. If, subsequent to such recommitment, he/she should escape again, he/she shall no
longer be exempt from criminal liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt from
criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case filed in court. On the other
hand, a drug dependent who is not rehabilitated after a second commitment to the Center shall, upon conviction by the
appropriate court, suffer the same penalties provided for under Section 15 of this Act again without prejudice to the outcome of
any pending case filed in court.
SEC. 64. Confidentiality of Records Under the Compulsory Submission Program. — The records of a drug dependent who was
rehabilitated and discharged from the Center under the compulsory submission program, or who was charged for violation of
Section 15 of this Act, shall be covered by Section 60 of this Act. However, the records of a drug dependent who was not
rehabilitated, or who escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the court
and their use shall be determined by the court, taking into consideration public interest and the welfare of the drug dependent.

SEC. 65. Duty of the Prosecutor in the Proceedings. — It shall be the duty of the provincial or the city prosecutor or their
assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act.

SEC. 66. Suspension of Sentence of a First-Time Minor Offender. — An accused who is over fifteen (15) years of age at the
time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the
time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of
a suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as
amended; or of the Revised Penal Code; or of any special penal laws;

(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and

(c) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such
conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months.

Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of
a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18)
months.

In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act,
Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential
Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section.

SEC. 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. — If the accused
first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including
confinement in a Center, the court, upon a favorable recommendation of the Board for the final discharge of the accused, shall
discharge the accused and dismiss all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other
than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall
restore the accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made of him for any purpose.

SEC. 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. — The privilege of
suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15)
years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age
at the time when judgment should have been promulgated.

SEC. 69. Promulgation of Sentence for First-Time Minor Offender.  — If the accused first-time minor offender violates any of the
conditions of his/her suspended sentence, the applicable rules and regulations of the Board exercising supervision and
rehabilitative surveillance over him, including the rules and regulations of the Center should confinement be required, the court
shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person.

SEC. 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. — Upon promulgation of the
sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided under this Act is
higher than that provided under existing law on probation, or impose community service in lieu of imprisonment. In case of
probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with
the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the
Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
The community service shall be complied with under conditions, time and place as may be determined by the court in its
discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. The completion
of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by
the court. Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its
discretion may require extension of the community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the
suspended sentence period shall be deducted from the sentence to be served.

SEC. 71. Records to be kept by the Department of Justice. — The DOJ shall keep a confidential record of the proceedings on
suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under
this Act is a first-time minor offender.

SEC. 72. Liability of a Person Who Violates the Confidentiality of Records. — The penalty of imprisonment ranging from six (6)
months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos
(P6,000.00), shall be imposed upon any person who, having official custody of or access to the confidential records of any drug
dependent under voluntary submission programs, or anyone who, having gained possession of said records, whether lawfully or
not, reveals their content to any person other than those charged with the prosecution of the offenses under this Act and its
implementation. The maximum penalty shall be imposed, in addition to absolute perpetual disqualification from any public office,
when the offender is a government official or employee. Should the records be used for unlawful purposes, such as blackmail of
the drug dependent or the members of his/her family, the penalty imposed for the crime of violation of confidentiality shall be in
addition to whatever crime he/she may be convicted of.

SEC. 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency. — Any
parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any concerned agency in the
treatment and rehabilitation of a drug dependent who is a minor, or in any manner, prevents or delays the after-care, follow-up or
other programs for the welfare of the accused drug dependent, whether under voluntary submission program or compulsory
submission program, may be cited for contempt by the court.

SEC. 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. — The parent, spouse, guardian or any
relative within the fourth degree of consanguinity of any person who is confined under the voluntary submission program or
compulsory submission program shall be charged a certain percentage of the cost of his/her treatment and rehabilitation, the
guidelines of which shall be formulated by the DSWD taking into consideration the economic status of the family of the person
confined. The guidelines therein formulated shall be implemented by a social worker of the local government unit.

SEC. 75. Treatment and Rehabilitation Centers. — The existing treatment and rehabilitation centers for drug dependents
operated and maintained by the NBI and the PNP shall be operated, maintained and managed by the DOH in coordination with
other concerned agencies. For the purpose of enlarging the network of centers, the Board through the DOH shall encourage,
promote or whenever feasible, assist or support in the establishment, operations and maintenance of private centers which shall
be eligible to receive grants, donations or subsidy from either government or private sources. It shall also support the
establishment of government-operated regional treatment and rehabilitation centers depending upon the availability of funds.
The national government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in each province,
depending on the availability of funds.

SEC. 76. The Duties and Responsibilities of the Department of Health (DOH) Under this Act. —  The DOH shall:

(1) Oversee and monitor the integration, coordination and supervision of all drug rehabilitation, intervention, after-care and
follow-up programs, projects and activities as well as the establishment, operations, maintenance and management of privately-
owned drug treatment rehabilitation centers and drug testing networks and laboratories throughout the country in coordination
with the DSWD and other agencies;

(2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct and support scientific research
on drugs and drug control;

(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting minimum standards for their
accreditation to assure their competence, integrity and stability;

(4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it may deem necessary after
conducting a feasibility study thereof,
(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating this Act, order the closure of a
Center for treatment and rehabilitation of drug dependency when, after investigation it is found guilty of violating the provisions of
this Act or regulations issued by the Board; and

(6) Charge reasonable fees for drug dependency examinations, other medical and legal services provided to the public, which
shall accrue to the Board. All income derived from these sources shall be part of the funds constituted as special funds for the
implementation of this Act under Section 87.

ARTICLE IX

DANGEROUS DRUGS BOARD AND

PHILIPPINE DRUG ENFORCEMENT AGENCY

SEC. 77. The Dangerous Drugs Board. — The Board shall be the policy-making and strategy-formulating body in the planning
and formulation of policies and programs on drug prevention and control. It shall develop and adopt a comprehensive,
integrated, unified and balanced national drug abuse prevention and control strategy. It shall be under the Office of the
President.

SEC. 78. Composition of the Board. — The Board shall be composed of seventeen (17) members wherein three (3) of which are
permanent members, the other twelve (12) members shall be in an ex officio capacity and the two (2) shall be regular members.

The three (3) permanent members, who shall possess at least seven-year training and experience in the field of dangerous
drugs and in any of the following fields: in law, medicine, criminology, psychology or social work, shall be appointed by the
President of the Philippines. The President shall designate a Chairman, who shall have the rank of a secretary from among the
three (3) permanent members who shall serve for six (6) years. Of the two (2) other members, who shall both have the rank of
undersecretary, one (1) shall serve for four (4) years and the other for two (2) years. Thereafter, the persons appointed to
succeed such members shall hold office for a term of six (6) years and until their successors shall have been duly appointed and
qualified.

The other twelve (12) members who shall be ex officio members of the Board are the following:

(1) Secretary of the Department of Justice or his/her representative;

(2) Secretary of the Department of Health or his/her representative;

(3) Secretary of the Department of National Defense or his/her representative;

(4) Secretary of the Department of Finance or his/her representative;

(5) Secretary of the Department of Labor and Employment or his/her representative;

(6) Secretary of the Department of the Interior and Local Government or his/her representative;

(7) Secretary of the Department of Social Welfare and Development or his/her representative;

(8) Secretary of the Department of Foreign Affairs or his/her representative;

(9) Secretary of the Department of Education or his/her representative;

(10) Chairman of the Commission on Higher Education or his/her representative;

(11) Chairman of the National Youth Commission; and

(12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose
ranks shall in no case be lower than undersecretary.

The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and

(b) The chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the
President of the Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and shall attend all the
meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually attended
subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances: Provided, That
where the representative of an ex officio member or of the permanent consultant of the Board attends a meeting in behalf of the
latter, such representative shall be entitled to receive the per diem.

SEC. 79. Meetings of the Board. — The Board shall meet once a week or as often as necessary at the discretion of the
Chairman or at the call of any four (4) other members. The presence of nine (9) members shall constitute a quorum.

SEC. 80. Secretariat of the Board. — The Board shall recommend to the President of the Philippines the appointment of an
Executive Director, with the rank of an undersecretary, who shall be the Secretary of the Board and administrative officer of its
secretariat, and shall perform such other duties that may be assigned to him/her. He/she must possess adequate knowledge,
training and experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall be appointed by
the President upon recommendation of the Board. They shall possess the same qualifications as those of the executive director.
They shall receive a salary corresponding to their position as prescribed by the Salary Standardization Law as a Career Service
Officer.

The existing secretariat of the Board shall be under the administrative control and supervision of the Executive Director. It shall
be composed of the following divisions, namely: Policy Studies, Research and Statistics; Preventive Education, Training and
Information; Legal Affairs; and the Administrative and Financial Management.

SEC. 81. Powers and Duties of the Board. — The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national drug use prevention and
control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act, including the manner of
safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical
under its charge and custody, and prescribe administrative remedies or sanctions for the violations of such rules and
regulations;

(c) Conduct policy studies, program monitoring and evaluations and other researches on drug prevention, control and
enforcement;

(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological researches on dangerous drugs
and dangerous drugs prevention and control measures;

(e) Develop an educational program and information drive on the hazards and prevention of illegal use of any dangerous drug
and/or controlled precursor and essential chemical based on factual data, and disseminate the same to the general public, for
which purpose the Board shall endeavor to make the general public aware of the hazards of any dangerous drug and/or
controlled precursor and essential chemical by providing among others, literature, films, displays or advertisements and by
coordinating with all institutions of learning as well as with all national and local enforcement agencies in planning and
conducting its educational campaign programs to be implemented by the appropriate government agencies.

(f) Conduct continuing seminars for, and consultations with, and provide information materials to judges and prosecutors in
coordination with the Office of the Court Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which aim
to provide them with the current developments and programs of the Board pertinent to its campaign against dangerous drugs
and its scientific researches on dangerous drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement officers, members of the judiciary, and prosecutors, school
authorities and personnel of centers with knowledge and know-how in dangerous drugs and/or controlled precursors and
essential chemicals control in coordination with the Supreme Court to meet the objectives of the national drug control programs;

(h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies involved in drugs control,
treatment and rehabilitation, both public and private, a national treatment and rehabilitation program for drug dependents
including a standard aftercare and community service program for recovering drug dependents;

(i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as well as nongovernment
organizations a drug abuse prevention program in the workplace that would include a provision for employee assistance
programs for emotionally-stressed employees;

(j) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation centers based on verified
reports of human rights violations, subhuman conditions, inadequate medical training and assistance and excessive fees for
implementation by the PDEA;

(k) Prescribe and promulgate rules and regulations governing the establishment of such centers, networks and laboratories as
deemed necessary after conducting a feasibility study in coordination with the DOH and other government agencies;

(l) Receive, gather, collect and evaluate all information on the importation, exportation, production, manufacture, sale, stocks,
seizures of and the estimated need for any dangerous drug and/or controlled precursor and essential chemical, for which
purpose the Board may require from any official, instrumentality or agency of the government or any private person or enterprise
dealing in, or engaged in activities having to do with any dangerous drug and/or controlled precursors and essential chemicals
such data or information as it may need to implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks, seizures of and estimated need
for any dangerous drug and/or controlled precursors and essential chemicals and such other statistical data on said drugs as
may be periodically required by the United Nations Narcotics Drug Commission, the World Health Organization and other
international organizations in consonance with the country’s international commitments;

(n) Develop and maintain international networking coordination with international drug control agencies and organizations, and
implement the provisions of international conventions and agreements thereon which have been adopted and approved by the
Congress of the Philippines;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in
coordination with the PDEA, about all dangerous drugs and/or controlled precursors and essential chemicals-related cases to
which they have attended for statistics and research purposes;

(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer and dispose the same
when necessary for the benefit of government and private rehabilitation centers subject to limitations, directions and instructions
from the donors, if any;

(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment, rehabilitation or confinement,
wherein it shall issue the necessary guidelines, rules and regulations pertaining to the application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies, the importation, distribution, production, manufacture,
compounding, prescription, dispensing and sale of, and other lawful acts in connection with any dangerous drug, controlled
precursors and essential chemicals and other similar or analogous substances of such kind and in such quantity as it may deem
necessary according to the medical and research needs or requirements of the country including diet pills containing ephedrine
and other addictive chemicals and determine the quantity and/or quality of dangerous drugs and precursors and essential
chemicals to be imported, manufactured and held in stock at any given time by authorized importer, manufacturer or distributor
of such drugs;

(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of dangerous drugs into and out of
the country to neutralize transnational crime syndicates involved in illegal trafficking of any dangerous drug and/or controlled
precursors and essential chemicals;

(t) Recommend the revocation of the professional license of any practitioner who is an owner, co-owner, lessee, or in the employ
of the drug establishment, or manager of a partnership, corporation, association, or any juridical entity owning and/or controlling
such drug establishment, and who knowingly participates in, or consents to, tolerates, or abets the commission of the act of
violations as indicated in the preceding paragraph, all without prejudice to the criminal prosecution of the person responsible for
the said violation;
(u) Appoint such technical, administrative and other personnel as may be necessary for the effective implementation of this Act,
subject to the Civil Service Law and its rules and regulations;

(v) Establish a regular and continuing consultation with concerned government agencies and medical professional organizations
to determine if balance exists in policies, procedures, rules and regulations on dangerous drugs and to provide
recommendations on how the lawful use of dangerous drugs can be improved and facilitated; and

(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the Senate and House of
Representatives committees concerned as may be required from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the President himself/herself or as recommended by the
congressional committees concerned.

SECTION 82. Creation of the Philippine Drug Enforcement Agency (PDEA). — To carry out the provisions of this Act, the PDEA,
which serves as the implementing arm of the Board, and shall be responsible for the efficient and effective law enforcement of
all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for the general
administration and management of the Agency. The Director General of the PDEA shall be appointed by the President of the
Philippines and shall perform such other duties that may be assigned to him/her. He/she must possess adequate knowledge,
training and experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by two (2) deputies
director general with the rank of Assistant Secretary; one for Operations and the other one for Administration. The two (2)
deputies director general shall likewise be appointed by the President of the Philippines upon recommendation of the Board. The
two (2) deputies director general shall possess the same qualifications as those of the Director General of the PDEA. The
Director General and the two (2) deputies director general shall receive the compensation and salaries as prescribed by law.

SEC. 83. Organization of the PDEA. — The present Secretariat of the National Drug Law Enforcement and Prevention
Coordinating Center as created by Executive Order No. 61 shall be accordingly modified and absorbed by the PDEA.

The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be
submitted to the Board for approval.

For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act, the PDEA shall have the
following Services, namely: Intelligence and Investigation; International Cooperation and Foreign Affairs; Preventive Education
and Community Involvement; Plans and Operations; Compliance; Legal and Prosecution; Administrative and Human Resource;
Financial Management; Logistics Management; and Internal Affairs.

The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the
implementation of this Act and the policies, programs, and projects of said agency in their respective regions.

SEC. 84. Powers and Duties of the PDEA. — The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board
thereby carrying out a national drug campaign program which shall include drug law enforcement, control and prevention
campaign with the assistance of concerned government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts and penalties involving any
dangerous drug and/or controlled precursor and essential chemical and investigate all violators and other matters involved in the
commission of any crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled precursor and
essential chemical as provided for in this Act and the provisions of Presidential Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation involving the violations
of this Act;

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds of the crimes as
provided by law and take custody thereof, for this purpose the prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals seized,
confiscated or surrendered to any national, provincial or local law enforcement agency, if no longer needed for purposes of
evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on seized or
confiscated drugs, thereby hastening its destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating the
provisions of this Act and in accordance with the pertinent provisions of the Anti-Money-Laundering Act of 2001;

(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws on dangerous drugs,
controlled precursors and essential chemicals, and other similar controlled substances, and assist, support and coordinate with
other government agencies for the proper and effective prosecution of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau of Customs,
inspect all air cargo packages, parcels and mails in the central post office, which appear from the package and address itself to
be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals, through on-line or cyber
shops via the internet or cyberspace;

(j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted;

(k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against
drug abuse in every province, city, municipality and barangay with the active and direct participation of all such local government
units and nongovernmental organizations, including the citizenry, subject to the provisions of previously formulated programs of
action against dangerous drugs;

(l) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies, other government
agencies/offices and local government units that will assist in its apprehension of big-time drug lords;

(m) Establish and maintain close coordination, cooperation and linkages with international drug control and administration
agencies and organizations, and implement the applicable provisions of international conventions and agreements related to
dangerous drugs to which the Philippines is a signatory;

(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and transmit evidence to
the proper court, wherein members of the said unit shall possess suitable and adequate firearms for their protection in
connection with the performance of their duties: Provided, That no previous special permit for such possession shall be required;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in
coordination with the Board, about all dangerous drugs and/or controlled precursors and essential chemicals which they have
attended to for data and information purposes;

(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and regulations for the proper
implementation of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control programs, where it may enlist the assistance
of any department, bureau, office, agency or instrumentality of the government, including government-owned and/or -controlled
corporations, in the anti-illegal drugs drive, which may include the use of their respective personnel, facilities, and resources for
a more resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers; and

(r) Submit an annual and periodic reports to the Board as may be required from time to time, and perform such other functions
as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by
the congressional committees concerned.

SEC. 85. The PDEA Academy. — Upon the approval of the Board, the PDEA Academy shall be established either in Baguio or
Tagaytay City, and in such other places as may be necessary. The PDEA Academy shall be responsible in the recruitment and
training of all PDEA agents and personnel. The Board shall provide for the qualifications and requirements of its recruits who
must be at least twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate degree holder.

The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period
of five (5) years during which all the intelligence network and standard operating procedures of the PDEA has been set up and
operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed by the PDEA Director
General.

SEC. 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions.
— The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby
abolished; however they shall continue with the performance of their task as detail service with the PDEA, subject to screening,
until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA
Academy is sufficient to do the task themselves: Provided, That such personnel who are affected shall have the option of either
being integrated into the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to
other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA
shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges granted to their
respective positions in their original mother agencies.

The transfer, absorption and integration of the different offices and units provided for in this Section shall take effect within
eighteen (18) months from the effectivity of this Act: Provided, That personnel absorbed and on detail service shall be given until
five (5) years to finally decide to join the PDEA.

Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided
for in their respective organic laws: Provided, however, That when the investigation being conducted by the NBI, PNP or any ad
hoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency. The
NBI, PNP or any of the task force shall immediately transfer the same to the PDEA: Provided, further, That the NBI, PNP and
the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters.

ARTICLE X

APPROPRIATIONS, MANAGEMENT
OF FUNDS AND ANNUAL REPORT

SEC. 87. Appropriations. — The amount necessary for the operation of the Board and the PDEA shall be charged against the
current year’s appropriations of the Board, the National Drug Law Enforcement and Prevention Coordinating Center, the
Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug abuse units of the different law enforcement
agencies integrated into the PDEA in order to carry out the provisions of this Act. Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the annual General Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in this Act, including ten percent (10%) of all
unclaimed and forfeited sweepstakes and lotto prizes but not less than twelve million pesos (P12,000,000.00) per year from the
Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a special account in the general fund for the
implementation of this Act: Provided, That no amount shall be disbursed to cover the operating expenses of the Board and other
concerned agencies: Provided, further, That at least fifty percent (50%) of all the funds shall be reserved for assistance to
government-owned and/or operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality of its decisions or
orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within thirty (30) days after these are
collected and declared forfeited.

A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the amount of Five million
pesos (P5,000,000.00) a month shall be set aside for the purpose of establishing adequate drug rehabilitation centers in the
country and also for the maintenance and operations of such centers: Provided, That the said amount shall be taken from the
fifty percent (50%) share of the National Government in the income of PAGCOR: Provided, further, That the said amount shall
automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by the Dangerous Drugs Board,
subject to the rules and regulations of the Commission on Audit (COA).

The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for purposes
related to their functions, subject to the existing guidelines set by the government.

SEC. 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. —  The Board shall manage the
funds as it may deem proper for the attainment of the objectives of this Act. In addition to the periodic reports as may be
required under this Act, the Chairman of the Board shall submit to the President of the Philippines and to the presiding officers of
both houses of Congress, within fifteen (15) days from the opening of the regular session, an annual report on the dangerous
drugs situation in the country which shall include detailed account of the programs and projects undertaken, statistics on crimes
related to dangerous drugs, expenses incurred pursuant to the provisions of this Act, recommended remedial legislation; if
needed, and such other relevant facts as it may deem proper to cite.
SECTION 89. Auditing the Accounts and Expenses of the Board and the PDEA. — All accounts and expenses of the Board and
the PDEA shall be audited by the COA or its duly authorized representative.

ARTICLE XI

JURISDICTION OVER
DANGEROUS DRUGS CASES

SEC. 90. Jurisdiction. — The Supreme Court shall designate special courts from among the existing Regional Trial Courts in
each judicial region to exclusively try and hear cases involving violations of this Act. The number of courts designated in each
judicial region shall be based on the population and the number of cases pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.

The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of
their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding
information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary
investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the
proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the
information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case
for resolution.

SEC. 91. Responsibility and Liability of Law Enforcement Agencies and Other Government Officials and Employees in Testing
as Prosecution Witnesses in Dangerous Drugs Cases. — Any member of law enforcement agencies or any other government
official and employee who, after due notice, fails or refuses intentionally or negligently, to appear as a witness for the
prosecution in any proceedings, involving violations of this Act, without any valid reason, shall be punished with imprisonment of
not less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or
appropriate body.

The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the
preceding paragraph shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six
(6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and
in addition, perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned, the
former does not exert reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall
not be transferred or re-assigned to any other government office located in another territorial jurisdiction during the pendency of
the case in court. However, the concerned member of the law enforcement agency or government employee may be transferred
or re-assigned for compelling reasons: Provided, That his/her immediate superior shall notify the court where the case is
pending of the order to transfer or re-assign, within twenty-four (24) hours from its approval: Provided, further, That his/her
immediate superior shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six
(6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and
in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of such order to transfer or
re-assign.

Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law.

SEC. 92. Delay and Bungling in the Prosecution of Drug Cases. — Any government officer or employee tasked with the
prosecution of drug-related cases under this Act, who, through patent laxity, inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under
the pertinent provisions of the Revised Penal Code.

SEC. 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs.  — The Board shall have the
power to reclassify, add to or remove from the list of dangerous drugs. Proceedings to reclassify, add, or remove a drug or other
substance may be initiated by the PDEA, the DOH, or by petition from any interested party, including the manufacturer of a drug,
a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a national or local
government agency, or an individual citizen. When a petition is received by the Board, it shall immediately begin its own
investigation of the drug. The PDEA also may begin an investigation of a drug at any time based upon the information received
from law enforcement laboratories, national and local law enforcement and regulatory agencies, or other sources of information.

The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be
reclassified, added or removed from control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(c) The state of current scientific knowledge regarding the drug or other substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already controlled under this Act.

The Board shall also take into accord the obligations and commitments to international treaties, conventions and agreements to
which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification, addition to or
removal from the list of any drug by publishing such notice in any newspaper of general circulation once a week for two (2)
weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for the violations of this Act
involving the two latter categories of drugs shall, in case of conviction, be imposed in all pending criminal prosecutions;

(b) In case a precursor and essential chemicals is reclassified as dangerous drug, the penalties for violations of the Act involving
precursors and essential chemicals shall, in case of conviction, be imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential chemicals, no criminal
liability involving the same under this Act shall arise until after the lapse of fifteen (15) days from the last publication of such
notice;

(d) In case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals, all persons convicted
and/or detained for the use and/or possession of such a drug shall be automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a detailed reclassification, addition,
or removal of any drug from the list of dangerous drugs.

ARTICLE XII

IMPLEMENTING RULES AND REGULATIONS

SEC. 94. Implementing Rules and Regulations. — The present Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD,
DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned government agencies shall promulgate within sixty (60)
days the Implementing Rules and Regulations that shall be necessary to implement the provisions of this Act.

ARTICLE XIII

FINAL PROVISIONS
SEC. 95. Congressional Oversight Committee. — There is hereby created a Congressional Oversight Committee composed of
seven (7) Members from the Senate and seven (7) Members from the House of Representatives. The Members from the Senate
shall be appointed by the Senate President based on the proportional representation of the parties or coalitions therein with at
least two (2) Senators representing the Minority. The Members from the House of Representatives shall be appointed by the
Speaker, also based on proportional representation of the parties or coalitions therein with at least two (2) Members
representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public Order and Illegal Drugs and
the House of Representatives Committee on Dangerous Drugs.

SEC. 96. Powers and Functions of the Oversight Committee. — The Oversight Committee on Dangerous Drugs shall, in aid of
legislation, perform the following functions, among others:

(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of this Act;

(b) To ensure transparency and require the submission of reports from government agencies concerned on the conduct of
programs, projects and policies relating to the implementation of this Act;

(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all disbursements therefrom,
including compensation of all personnel;

(d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of this
Act;

(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation or executive measures;
and

(f) To perform such other duties, functions and responsibilities as may be necessary to effectively attain the objectives of this
Act.

SEC. 97. Adoption of Committee Rules and Regulations, and Funding. — The Oversight Committee on Dangerous Drugs shall
adopt its internal rules of procedure, conduct hearings and receive testimonies, reports, and technical advice, invite or summon
by subpoena ad testificandum any public official, private citizen, or any other person to testify before it, or require any person by
subpoena duces tecum documents or other materials as it may require consistent with the provisions of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel who may be
seconded from the Senate and the House of Representatives and may retain consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum of Twenty-five million
pesos (P25,000,000.00) shall be charged against the current appropriations of the Senate. Thereafter, such amount necessary
for its continued operations shall be included in the annual General Appropriations Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the effectively of this Act and may
be extended by a joint concurrent resolution.

SEC. 98. Limited Applicability of the Revised Penal Code. — Notwithstanding any law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in the
case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided
herein shall be reclusion perpetua to death.

SEC. 99. Separability Clause. — If for any reason any section or provision of this Act, or any portion thereof, or the application of
such section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the
remainder of this Act shall not be affected by such declaration and shall remain in force and effect.

SEC. 100. Repealing Clause. — Republic Act No. 6425, as amended, is hereby repealed and all other laws, administrative
orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

SEC. 101. Amending Clause. — Republic Act No. 7659 is hereby amended accordingly.
SEC. 102. Effectivity. — This Act shall take effect fifteen (15) days upon its publication in at least two (2) national newspapers of
general circulation.

Approved,

(Sgd.) JOSE DE VENECIA, JR. (Sgd.) FRANKLIN M. DRILON

Speaker of the House President of the Senate
of Representative

This Act, which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was finally passed by the Senate and the
House of Representatives on May 30, 2002 and May 29, 2002, respectively.

(Sgd.) ROBERTO P. NAZARENO (Sgd.) OSCAR G. YABES

Secretary General Secretary of the Senate
House of Representatives

Approved: JUN 07 2002

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

FAMILY COURT CASES

Jurisdiction offamily Courts. – The Family Courts shall have exclusive original jurisdiction to hear and decide the
following cases:
 
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years
of age but not less than nine (9) years of age or where  one or more of the victims is a minor at the time of the commission
of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred.

The sentence, however, shall be suspended without need of application pursuant to Presidential Decree No. 603,
otherwise known as the “Child and Youth Welfare Code”;

b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

c) Petitions for adoption of children and the revocation thereof;

d) Complaints for annulment of marriage, declaration of ‘ity of marriage and those relating to marital status and property
relations of husband and wife or those living together under different status and agreements, and petitions for dissolution
of conjugal partnership of gains;

e) Petitions for support and/or acknowledgment;

f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the
“Family Code of the Philippines”;

g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for voluntary or
involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws;

h) Petitions for the constitution of the family home;

i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act,” as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:

            1) Women – which are acts of gender based violence that results, or are likely to result in physical, sexual or
psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion
which violate a woman’s personhood, integrity and freedom movement; and
            
            2) Children – which include the commission of all forms  of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their development.

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the
corresponding penalties.

If any question involving any of the above matters should arise as an incident in any case pending in the regular courts,
said incident shall be determined in that court.

PD 603 CHILD AND YOUTH WELFARE ACT

Presidential Decree No. 603: The Child and Youth Welfare

Code

TITLE I. GENERAL PRINCIPLES

Article 1.  Declaration of Policy. – The Child is one of the most important assets of the nation. Every effort should be
exerted to promote his welfare and enhance his opportunities for a useful and happy life.

The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost
insofar as they do not conflict with the general welfare.

The molding of the character of the child start at the home. Consequently, every member of the family should strive to
make the home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the child’s
development.

Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated
and exclusive and unconcerned with the interests of the community and the country.

The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the
government.

Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the
State in the endeavor to prepare the child for the responsibilities of adulthood.

Art. 2. Title and Scope of Code. – The Code shall be known as the “Child and Youth Welfare Code”. It shall apply to
persons below twenty-one years of age except those emancipated in accordance with law. “Child” or “minor” or “youth” as
used in this Code, shall refer to such persons.
Art. 3. Rights of the Child. – All children shall be entitled to the rights herein set forth without distinction as to legitimacy
or illegitimacy, sex, social status, religion, political antecedents, and other factors.

      (1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as
generally accepted in medical parlance, and has, therefore, the right to be born well.

      (2) Every child has the right to a wholesome family life that will provide him with love, care and understanding,
guidance and counseling, and moral and material security.

      The dependent or abandoned child shall be provided with the nearest substitute for a home.

      (3) Every child has the right to a well-rounded development of his personality to the end that he may become a happy,
useful and active member of society.

      The gifted child shall be given opportunity and encouragement to develop his special talents.

      The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall
be entitled to treatment and competent care.

      The physically or mentally handicapped child shall be given the treatment, education and care required by his
particular condition.

      (4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all
the basic physical requirements of a healthy and vigorous life.

      (5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the
strengthening of his character.

      (6) Every child has the right to an education commensurate with his abilities and to the development of his skills for
the improvement of his capacity for service to himself and to his fellowmen.

      (7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as
social, for the wholesome use of his leisure hours.

      (8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or
circumstances prejudicial to his physical, mental, emotional, social and moral development.

      (9) Every child has the right to live in a community and a society that can offer him an environment free from
pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes.

      (10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or
guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.

      (11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire
him with the morality of the constituted authorities both in their public and private lives.

      (12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance,
and universal brotherhood, and with the determination to contribute his share in the building of a better world.

Art. 4. Responsibilities of the Child. – Every child, regardless of the circumstances of his birth, sex, religion, social
status, political antecedents and other factors shall:

      (1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders
and mentors, and the biddings of a clean conscience;

      (2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
      (3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the
family harmonious and united;

      (4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his
abilities, in order that he may become an asset to himself and to society;

      (5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly
constituted authorities, the laws of our country, and the principles and institutions of democracy;

      (6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the
youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation’s future; and

      (7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of
cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the furtherance of
world peace.

Art. 5. Commencement of Civil Personality. – The civil personality of the child shall commence from the time of his
conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil Code.

Art. 6. Abortion. – The abortion of a conceived child, whether such act be intentional or not, shall be governed by the
pertinent provisions of the Revised Penal Code.

Art. 7. Non-disclosure of Birth Records. – The records of a person’s birth shall be kept strictly confidential and no
information relating thereto shall be issued except on the request of any of the following:

      (1) The person himself, or any person authorized by him;

      (2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if
he is a minor;

      (3) The court or proper public official whenever absolutely necessary in administrative, judicial or other official
proceedings to determine the identity of the child’s parents or other circumstances surrounding his birth; and

      (4) In case of the person’s death, the nearest of kin.

Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount
not exceeding five hundred pesos, or both, in the discretion of the court.

Art. 8. Child’s Welfare Paramount. – In all questions regarding the care, custody, education and property of the child,
his welfare shall be the paramount consideration.

Art. 9. Levels of Growth. – The child shall be given adequate care, assistance and guidance through his various levels of
growth, from infancy to early and later childhood, to puberty and adolescence, and when necessary even after he shall
have attained age 21.
Art. 10. Phases of Development. – The child shall enjoy special protection and shall be given opportunities and facilities,
by law and by other means, to ensure and enable his fullest development physically, mentally, emotionally, morally,
spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity appropriate to the
corresponding developmental stage.

Art. 11. Promotion of Health. – The promotion of the Child’s health shall begin with adequate pre-natal and post-natal
care both for him and his mother. All appropriate measures shall be taken to insure his normal total development.

It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the health
of the child.

Art. 12. Education. – The schools and other entities engaged in non-formal education shall assist the parents in providing
the best education for the child.

Art. 13. Social and Emotional Growth. – Steps shall be taken to insure the child’s healthy social and emotional growth.
These shall be undertaken by the home in collaboration with the schools and other agencies engaged in the promotion of
child welfare.

Art. 14. Morality. – High moral principles should be instilled in the child, particularly in the home, the school, and the
church to which he belongs.

Art. 15. Spiritual Values. – The promotion of the child’s spiritual  well-being according to the precepts of his religion
should, as much as possible, be encouraged by the State.

Art. 16. Civic Conscience. – The civic conscience of the child shall not be overlooked. He shall be brought up in an
atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his
responsibilities as a member of society.

TITLE II
CHILD AND YOUTH WELFARE AND THE HOME

Chapter 1
PARENTAL AUTHORITY

Section A. In General
Art. 17.Joint Parental Authority. – The father and mother shall exercise jointly just and reasonable parental authority
and responsibility over their legitimate or adopted children. In case of disagreement, the father’s decision shall prevail
unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to exercise parental
authority over such children, unless in case of the surviving parent’s remarriage, the court, for justifiable reasons, appoints
another person as guardian.

In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court
finds compelling reasons to do so.

Art. 18. Grandparents. – Grandparents shall be consulted on important family questions but they shall not interfere in the
exercise of parental authority by the parents.

Art. 19. Absence or Death of Parents. – Grandparents and in their default, the oldest brother or sister who is at least
eighteen years of age, or the relative who has actual custody of the child, shall exercise parental authority in case of
absence or death of both parents, unless a guardian has been appointed in accordance with the succeeding provision.

Art. 20. Guardian. – The court may, upon the death of the parents and in the cases mentioned in Arts. 328 to 332 of the
Civil Code, appoint a guardian for the person and property of the child, on petition of any relative or friend of the family or
the Department of Social Welfare.

Art. 21. Dependent, Abandoned or Neglected Child. – The dependent, abandoned or neglected child shall be under
the parental authority of a suitable or accredited person or institution that is caring for him as provided for under the four
preceding articles, after the child has been declared abandoned by either the court or the Department of Social Welfare.

Art. 22. Transfer to the Department of Social Welfare. – The dependent, abandoned or neglected child may be
transferred to the care of the Department of Social Welfare or a duly licensed child-caring institution or individual in
accordance with Articles 142 and 154 of this Code, or upon the request of the person or institution exercising parental
authority over him.

From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution or individual
shall be considered the guardian of the child for all intents and purposes.

Art. 23. Case Study. – It shall be the duty of the Department of Social Welfare to make a case study of every child who is
the subject of guardianship or custody proceedings and to submit its report and recommendations on the matter to the
court for its guidance.

Art. 24. Intervention of Department of Social Welfare. – The Department of Social Welfare shall intervene on behalf of
the child if it finds, after its case study, that the petition for guardianship or custody should be denied.

Art. 25. Hearings Confidential. – The hearing on guardianship and custody proceedings may, at the discretion of the
court, be closed to the public and the records thereof shall not be released without its approval.
Art. 26. Repealing Clause. – All provisions of the Civil Code on parental authority which are not inconsistent with the
provisions of this Chapter shall remain in force: Provided, That Articles 334 up to 348 inclusive on Adoption, are hereby
expressly repealed and replaced by Section B of this Chapter.

Section. B. Adoption

Art. 27. Who May Adopt – Any person of age and in full possession of his civil rights may adopt: Provided, That he is in a
position to support and care for his legitimate, legitimated, acknowledged natural children, or natural children by legal
fiction, or other illegitimate children, in keeping with the means, both material and otherwise, of the family.

In all cases of adoption the adopter must be at least fifteen years older than the person to be adopted.

Art. 28. Who May Not Adopt – The following persons may not adopt:

      (1) A married person without the written consent of the spouse;

      (2) The guardian with respect to the ward prior to final approval of his accounts;

      (3) Any person who has been convicted of a crime involving moral turpitude;

      (4) An alien who is disqualified to adopt according to the laws of his own country or one with whose government the
Republic of the Philippines has broken diplomatic relations.

Art. 29. Adoption by Husband and Wife. – Husband and Wife may jointly adopt. In such case, parental authority shall
be exercised as if the child were their own by nature.

Art. 30. Who May Not Be Adopted. – The following may not be adopted:

      (1) A married person, without the written consent of the spouse;

      (2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;

      (3) A person who has already been adopted unless the adoption has been previously revoked or rescinded in
accordance with this Chapter.

Art. 31. Whose Consent is Necessary. – The written consent of the following to the adoption shall be necessary:

      (1) The person to be adopted, if fourteen years of age or over;

      (2) The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly licensed child
placement agency under whose care the child may be;
      (3) The natural children, fourteen years and above, of the adopting parents.

Art. 32. Hurried Decisions. – In all proceedings for adoption, steps should be taken by the court to prevent the natural
parents from making hurried decisions caused by strain or anxiety to give up the child, and to ascertain, that all measures
to strengthen the family have been exhausted and that any prolonged stay of the child in his own home will be inimical to
his welfare and interest.

Art. 33. Case Study. – No petition for adoption shall be granted unless the Department of Social Welfare, or the Social
Work and Counselling Division, in case of Juvenile and Domestic Relations Courts, has made a case study of the child to
be adopted, his natural parents as well as the prospective adopting parents, and has submitted its report and
recommendations on the matter to the court hearing such petition. The Department of Social Welfare shall intervene on
behalf of the child if it finds, after such case study, that the petition should be denied.

Art. 34. Procedure. – The proceedings for adoption shall be governed by the Rules of Court in so far as they are not in
conflict with this Chapter.

Art. 35. Trial Custody. – No petition for adoption shall be finally granted unless and until the adopting parents are given
by the court a supervised trial custody period of at least six months to assess their adjustment and emotional readiness
for the legal union. During the period of trial custody parental authority shall be vested in the adopting parents.

The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if it finds that it
is to the best interest of the child. In such case, the court shall state its reasons for reducing said period.

Art. 36. Decree of Adoption. – If, after considering the report of the Department of Social Welfare or duly licensed child
placement agency and the evidence submitted before it, the court is satisfied that the petitioner is qualified to maintain,
care for, and educated the child, that the trial custody period has been completed, and that the best interests of the child
will be promoted by the adoption, a decree of adoption shall be entered, which shall be effective as of the date the original
petition was filed. The decree shall state the name by which the child is thenceforth to be known.

Art. 37. Civil Registry Record. – The adoption shall be recorded in the local civil register and shall be annotated on the
record of birth, and the same shall entitle the adopted person to the issuance of an amended certificate of birth.

Art. 38. Confidential Nature of Proceedings and Records. – All hearings in adoption cases shall be confidential and
shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court, of the
Department of Social Welfare, and of any other agency or institution participating in the adoption proceedings, shall be
kept strictly confidential.

Subject to the provisions of Article 7, in any case in which information from such records, books and papers is needed, the
person or agency requesting the release of the information may file a petition to the court which entered the decree of
adoption for its release. If the court finds that the disclosure of the information is necessary for purposes connected with or
arising out of the adoption and will be for the best interests of the child, the court may permit the necessary information to
be released, restricting the purposes for which it may be used.
Art. 39. Effects of Adoption. – The adoption shall:

      (1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter: Provided,
That an adopted child cannot acquire Philippine citizenship by virtue of such adoption:

      (2) Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of the
surviving natural parent;

      (3) Entitle the adopted person to use the adopter’s surname; and

      (4) Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by legitimate parents
or ascendants and by an adopted person, the latter shall not have more successional rights than an acknowledged natural
child: Provided, further, That any property received gratuitously by the adopted from the adopter shall revert to the adopter
should the former predecease the latter without legitimate issue unless the adopted has, during his lifetime, alienated
such property: Provided, finally, That in the last case, should the adopted leave no property other than that received from
the adopter, and he is survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse shall
receive one-fourth of such property; if the adopted is survived by illegitimate issue and a spouse, then the former
collectively shall receive one-fourth and the latter also one-fourth, the rest in any case reverting to the adopter, observing
in the case of the illegitimate issue the proportion provided for in Article 895 of the Civil Code.

The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if
the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of succession,
whether testate or interstate.

Art. 40. Rescission by Adopted. – The adopted person or the Department of Social Welfare or any duly licensed child
placement agency if the adopted is still a minor or otherwise incapacitated, may ask for the rescission of the adoption on
the same grounds that cause the loss of parental authority under the Civil Code.

Art. 41. Revocation by Adopter. – The adopter may petition the court for the revocation of the adoption in any of these
cases:

      (1) If the adopted person has attempted against the life of the adopter and/or his spouse;

      (2) When the adopted minor has abandoned the home of the adopter for more than three years and efforts have been
exhausted to locate the minor within the stated period;

      (3) When by other acts the adopted person has definitely repudiated the adoption.

Art. 42. Effects of Rescission or Revocation. – Where the adopted minor has not reached the age of majority at the
time of the revocation or rescission referred to in the next preceding articles, the court in the same proceeding shall
determine whether he should be returned to the parental authority of his natural parents or remitted to the Department of
Social Welfare or any duly licensed child placement agency or whether a guardian over his person and property should be
appointed.

Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted by the court,
shall release him from all obligations to his adopting parents and shall extinguish all his rights against them: Provided,
That if the said adopted person is physically or mentally handicapped as to need a guardian over his person or property,
or both, the court may appoint a guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter’s surname and the
court shall order the amendment of the records in the Civil Register in accordance with its decision.

Chapter 2
RIGHTS OF PARENTS

Art. 43. Primary Right of Parents. – The parents shall have the right to the company of their children and, in relation to
all other persons or institutions dealing with the child’s development, the primary right and obligation to provide for their
upbringing.

Art. 44. Rights Under the Civil Code. – Parents shall continue to exercise the rights mentioned in Articles 316 to 326 of
the Civil Code over the person and property of the child.

Art. 45. Right to Discipline Child. – Parents have the right to discipline the child as may be necessary for the formation
of his good character, and may therefore require from him obedience to just and reasonable rules, suggestions and
admonitions.

Chapter 3
DUTIES OF PARENTS

Art. 46. General Duties.– Parents shall have the following general duties toward their children:

      (1) To give him affection, companionship and understanding;

      (2) To extend to him the benefits of moral guidance, self-discipline and religious instruction;

      (3) To supervise his activities, including his recreation;

      (4) To inculcate in him the value of industry, thrift and self-reliance;

      (5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his
country;

      (6) To advise him properly on any matter affecting his development and

      well-being;

      (7) To always set a good example;

      (8) To provide him with adequate support, as defined in Article 290 of the Civil Code; and

      (9) To administer his property, if any, according to his best interests, subject to the provisions of Article 320 of the Civil
Code.
Art. 47. Family Affairs. – Whenever proper, parents shall allow the child to participate in the discussion of family affairs,
especially in matters that particularly concern him.

In cases involving his discipline, the child shall be given a chance to present his side.

Art. 48. Winning Child’s Confidence. – Parents shall endeavor to win the child’s confidence and to encourage him to
conduct with them on his activities and problems.

Art. 49. Child Living Away from Home. – If by reason of his studies or for other causes, a child does not live with his
parents, the latter shall communicate with him regularly and visit him as often as possible.

The parents shall see to it that the child lives in a safe and wholesome place and under responsible adult care and
supervision.

Art. 50. Special Talents. – Parents shall endeavor to discover the child’s talents or aptitudes, if any, and to encourage
and develop them.

If the child is especially gifted, his parents shall report this fact to the National Center for Gifted Children or to other
agencies concerned so that official assistance or recognition may be extended to him.

Art. 51. Reading Habit. – The reading habit should be cultivated in the home. Parents shall, whenever possible, provide
the child with good and wholesome reading material, taking into consideration his age and emotional development. They
shall guard against the introduction in the home of pornographic and other unwholesome publications.

Art. 52. Association with Other Children. – Parents shall encourage the child to associate with other children of his own
age with whom he can develop common interests of useful and salutary nature. It shall be their duty to know the child’s
friends and their activities and to prevent him from falling into bad company. The child should not be allowed to stay out
late at night to the detriment of his health, studies or morals.

Art. 53. Community Activities. – Parents shall give the child every opportunity to form or join social, cultural,
educational, recreational, civic or religious organizations or movements and other useful community activities.

Art. 54. Social Gatherings. – When a party or gathering is held, the parents or a responsible person should be present to
supervise the same.

Art. 55. Vices. – Parents shall take special care to prevent the child from becoming addicted to intoxicating drinks,
narcotic drugs, smoking, gambling, and other vices or harmful practices.
Art. 56. Choice of career. – The child shall have the right to choose his own career. Parents may advise him on this
matter but should not impose on him their own choice.

Art. 57. Marriage. – Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing his future
spouse. Parents should not force or unduly influence him to marry a person he has not freely choosen.

Chapter 4
LIABILITIES OF PARENTS

Art. 58. Torts. – Parents and guardians are responsible for the damage caused by the child under their parental authority
in accordance with the Civil Code.

Art. 59. Crimes. – Criminal liability shall attach to any parent who:

      (1) Conceals or abandons the child with intent to make such child lose his civil status.

      (2) Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.

      (3) Sells or abandons the child to another person for valuable consideration.

      (4) Neglects the child by not giving him the education which the family’s station in life and financial conditions permit.

      (5) Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.

      (6) Causes, abates, or permits the truancy of the child from the school where he is enrolled. “Truancy” as here used
means absence without cause for more than twenty schooldays, not necessarily consecutive.

      It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these
exceed five schooldays.

      (7) Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts
which are inimical to his interest and welfare.

      (8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignitions and other
excessive chastisement that embarrass or humiliate him.

      (9) Causes or encourages the child to lead an immoral or dissolute life.

      (10) Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.

      (11) Allows or requires the child to drive without a license or with a license which the parent knows to have been
illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or
ordered the child to drive.

“Parents” as here used shall include the guardian and the head of the institution or foster home which has custody of the
child.
Art. 60. Penalty. – The act mentioned in the preceding article shall be punishable with imprisonment from two or six
months or a fine not exceeding five hundred pesos, or both, at the discretion of the Court, unless a higher penalty is
provided for in the Revised Penal Code or special laws, without prejudice to actions for the involuntary commitment of the
child under Title VIII of this Code.

Chapter 5
ASSISTANCE TO PARENTS

Art. 61. Admonition to Parents. – Whenever a parent or guardian is found to have been unreasonably neglectful in the
performance of his duties toward the child, he shall be admonished by the Department of Social Welfare or by the local
Council for the Protection of Children referred to in Article 87.

Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially admonished.

Art. 62. Medical and Dental Services. – If the child has special health problems, his parents shall be entitled to such
assistance from the government as may be necessary for his care and treatment in addition to other benefits provided for
under existing law.

Art. 63. Financial Aid and Social Services to Needy Families. – Special financial or material aid and social services
shall be given to any needy family, to help maintain the child or children in the home and prevent their placement
elsewhere.

The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration, among other
things, the self-employment of any of the family members and shall be paid from any funds available for the purpose.

Art. 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. – The State shall give assistance
to widowed or abandoned parent or where either spouse is on prolonged absence due to illness, imprisonment, etc. and
who is unable to support his/her children. Financial and other essential social services shall be given by the National
Government or other duly licensed agencies with similar functions to help such parent acquire the necessary knowledge
or skill needed for the proper care and maintenance of the family.

Art. 65. Criterion for Aid. – The criteria to determine eligibility for the aid mentioned in the next two preceding articles
shall be (1) the age of the child or children (2) the financial condition of the family, (3) the degree of deprivation of parental
care and support, and (4) the inability to exercise parental authority.

Art. 66. Assistance to Unmarried Mothers and Their Children. – Any unmarried mother may, before and after the birth
of the child, seek the assistance and advice of the Department of Social Welfare or any duly licensed child placement
agency. The said agencies shall offer specialized professional services which include confidential help and protection to
such mother and her child, including placement of protection to such mother and child, including placement of such
mother’s rights, if any, against the father of such child.
 Chapter 6
FOSTER – CARE

Art. 67. Foster Homes. – Foster Homes shall be chosen and supervised by the Department of Social Welfare or any duly
licensed child placement agency when and as the need therefore arises. They shall be run by married couples, to be
licensed only after thorough investigation of their character, background, motivation and competence to act as foster
parents.

Art. 68. Institutional Care. – Assignment of the child to a foster home shall be preferred to institutional care. Unless
absolutely necessary, no child below nine years of age shall be placed in an institution. An older child may be taken into
an institution for child care if a thorough social case study indicates that he will derive more benefit therefrom.

Art. 69. Day-care service and other substitute parental arrangement. – Day-care and other substitute parental
arrangement shall be provided a child whose parents and relatives are not able to care for him during the day. Such
arrangements shall be the subject of accreditation and licensing by the Department of Social Welfare.

Art. 70. Treatment of Child Under Foster Care. – A child under foster care shall be given, as much as possible, the
affection and understanding that his own parents, if alive or present, would or should have extended to him. Foster care
shall take into consideration the temporary nature of the placement and shall not alienate the child from his parents.

TITLE III
CHILD AND YOUTH WELFARE AND EDUCATION

Chapter 1
ACCESS TO EDUCATIONAL OPPORTUNITIES

Art. 71. Admission to Schools. – The state shall see to it that no child is refused admission in public schools. All parents
are required to enroll their children in schools to complete, at least, an elementary education.

Art. 72. Assistance. – To implement effectively the compulsory education policy, all necessary assistance possible shall
be given to parents, specially indigent ones or those who need the services of children at home, to enable the children to
acquire at least an elementary education. Such assistance may be in the form of special school programs which may not
require continuous attendance in school, or aid in the form of necessary school supplies, school lunch, or whatever
constitutes a bar to a child’s attendance in school or access to elementary education.
Art. 73. Nursery School. – To further help promote the welfare of children of working mothers and indigent parents, and
in keeping with the Constitutional provision on the maintenance of an adequate system of public education, public nursery
and kindergarten schools shall be maintained, whenever possible. The operation and maintenance of such schools shall
be the responsibility of local governments. Aid from local school board funds, when available, may be provided.

Art. 74. Special Classes. – Where needs warrants, there shall be at least special classes in every province, and, if
possible, special schools for the physically handicapped, the mentally retarded, the emotionally disturbed, and the
specially gifted. The private sector shall be given all the necessary inducement and encouragement to establish such
classes or schools.

Art. 75. School Plants and Facilities. – Local school officials and local government officials shall see to it that school
children and students are provided with adequate schoolrooms and facilities including playground, space, and facilities for
sports and physical development activities. Such officials should see to it that the school environment is free from hazards
to the health and safety of the students and that there are adequate safety measures for any emergencies such as
accessible exits, firefighting equipment, and the like. All children shall have the free access to adequate dental and
medical services.

Chapter II
THE HOME AND THE SCHOOL

Art. 76. Role of the Home. – The home shall fully support the school in the implementation of the total school program –
curricular and co-curricular – toward the proper physical, social, intellectual and moral development of the child.

Art. 77. Parent-Teacher Associations. – Every elementary and secondary school shall organize a parent-teacher
association for the purpose of providing a forum for the discussion of problems and their solutions, relating to the total
school program, and for insuring the full cooperation of parents in the efficient implementation of such program. All
parents who have children enrolled in a school are encouraged to be active members of its PTA, and to comply with
whatever obligations and responsibilities such membership entails.

Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school officials in
the enforcement of juvenile delinquency control measures, and in the implementation of programs and activities to
promote child welfare.

Chapter III
MISCELLANEOUS

Art. 78. Contributions. – No school shall receive or collect from students, directly or indirectly, contributions of any kind
or form, or for any purpose except those expressly provided by law, and on occasions of national or local disasters in
which case the school may accept voluntary contribution or aid from students for distribution to victims of such disasters
or calamities.
 TITLE IV
CHILD AND YOUTH WELFARE AND THE CHURCH

Art. 79. Rights of the Church. – The State shall respect the rights of the Church in matters affecting the religious and
moral upbringing of the child.

Art. 80. Establishment of Schools. – All churches and religious orders, congregations or groups may, conformably to
law, establish schools for the purpose of educating children in accordance with the tenets of their religion.

Art. 81. Religious Instruction. – The religious education of children in all public and private schools is a legitimate
concern of the Church to which the students belong. All churches may offer religious instruction in public and private
elementary and secondary schools, subject to the requirements of the Constitution and existing laws.

Art. 82. Assistance to Churches. – Insofar as may be allowed by the Constitution, the government shall extend to all
churches, without discrimination or preference, every opportunity to exercise their influence and disseminate their
teachings.

Art. 83. Parents. – Parents shall admonish their children to heed the teachings of their Church and to perform their
religious duties. Whenever possible, parents shall accompany their children to the regular devotions of their Church and
other religious ceremonies.

TITLE V
CHILD AND YOUTH WELFARE AND THE COMMUNITY

Chapter I
DUTIES IN GENERAL OF THE COMMUNITY

Art. 84. Community Defined. – As used in this Title, a community shall mean, the local government, together with the
society of individuals or institutions, both public and private, in which a child lives.

Art. 85. Duties of the Community. – To insure the full enjoyment of the right of every child to live in a society that offers
or guarantee him safety, health, good moral environment and facilities for his wholesome growth and development, it shall
be the duty of the community to:

      (1) Bring about a healthy environment necessary to the normal growth of children and the enhancement of their
physical, mental and spiritual well-being;
      (2) Help institutions of learning, whether public or private, achieve the fundamental objectives of education;

      (3) Organize or encourage movements and activities, for the furtherance of the interests of children and youth;

      (4) Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other recreational
facilities;

      (5) Support parent education programs by encouraging its members to attend and actively participate therein;

      (6) Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward children;

      (7) Aid in carrying out special projects for the betterment of children in the remote areas or belonging to cultural
minorities or those who are out of school; and

      (8) Cooperate with private and public child welfare agencies in providing care, training and protection to destitute,
abandoned, neglected, abused, handicapped and disturbed children.

Chapter 2
COMMUNITY BODIES DEALING WITH CHILD WELFARE

Section. A. Barangay Councils

Art. 86. Ordinances and Resolutions. – Barangay Councils shall have the authority to enact ordinances and resolutions
not inconsistent with law or municipal ordinances, as may be necessary to provide for the proper development and
welfare of the children in the community, in consultation with representatives of national agencies concerned with child
and youth welfare.

Art. 87. Council for the Protection of Children. – Every barangay council shall encourage the organization of a local
Council for the Protection of Children and shall coordinate with the Council for the Welfare of Children and Youth in
drawing and implementing plans for the promotion of child and youth welfare. Membership shall be taken from responsible
members of the community including a representative of the youth, as well as representatives of government and private
agencies concerned with the welfare of children and youth whose area of assignment includes the particular barangay
and shall be on a purely voluntary basis.

Said Council shall:

      (1) Foster the education of every child in the barangay;

      (2) Encourage the proper performance of the duties of parents, and provide learning opportunities on the adequate
rearing of children and on positive parent-child relationship;

      (3) Protect and assist abandoned or maltreated children and dependents;

      (4) Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that they
can get expert advise;

      (5) Adopt measures for the health of children;

      (6) Promote the opening and maintenance of playgrounds and day-care centers and other services that are necessary
for child and youth welfare;

      (7) Coordinate the activities of organizations devoted to the welfare of children and secure their cooperation;

      (8) Promote wholesome entertainment in the community, especially in movie houses; and

      (9) Assist parents, whenever necessary in securing expert guidance counseling from the proper governmental or
private welfare agency.

In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to parents available
literature and other information on child guidance. The Council shall assist parents, with behavioral problems whenever
necessary, in securing expert guidance counseling from the proper governmental or private welfare agency.

Art. 88. Barangay Scholarships. – Barangay funds may be appropriated to provide annual scholarship for indigent
children who, in judgment of the Council for the Protection of Children, deserve public assistance in the development of
their potentialities.

Art. 89. Youth Associations in Barangays. – Barangay councils shall encourage membership in civil youth associations
and help these organizations attain their objectives.

Art. 90. Aid to Youth Associations. – In proper cases, barangay funds may be used for the payment of the cost of the
uniforms and equipment required by these organizations.

Section. B. Civic Associations of Adults

 
Art. 91. Civic Associations of Adults. – As used in this Title, a civic association shall refer to any club, organization or
association of individuals twenty-one years of age or over, which is directly or indirectly involved in carrying out child
welfare programs and activities.

Art. 92. Accounting of Proceeds or Funds. – It shall be the duty of any civic association of adults holding benefits or
soliciting contributions pursuant to the provisions of the next preceding article, to render an accounting of the proceeds
thereof to the Department of Social Welfare or to the city or municipal treasurer, as the case may be.

Art. 93. Functions. – Civic associations and youth associations shall make arrangements with the appropriate
governmental or civic organization for the instruction of youth in useful trades or crafts to enable them to earn a living.

Art. 94. Youth Demonstrations. – Any demonstrations sponsored by any civic associations and youth associations shall
be conducted in a peaceful and lawful manner.
Art. 95. Unwholesome Entertainment and advertisements. – It shall be the duty of all civic associations and youth
associations to bring to the attention of the proper authorities the exhibition of indecent shows and the publication, sale or
circulation of pornographic materials.

The Board of Censors or the Radio Control Board may, upon representation of any civic association, prohibit any
movie, television or radio program offensive to the proprieties of language and behavior.

Commercial and advertisements and trailers which are improper for children under eighteen years of age due to their
advocating or unduly suggesting violence, vices, crimes and immorality, shall not be shown in any movie theater where
the main feature is for general patronage nor shall they be used or shown during or immediately before and after any
television or radio program for children.

Art. 96. Complaint Against Child Welfare Agency. – Any civic association and any youth association may complain to
the officials of any public or private child-caring agency about any act or omission therein prejudicial to the wards of such
agency.

If the complaint is not acted upon, it may be brought to the Council for the Protection of Children or the Department
of Social Welfare, which shall promptly investigate the matter and take such steps as may be necessary.

Art. 97. Studies and Researches. – The government shall make available such data and technical assistance as may be
needed by civic associations conducting studies and researches on matters relating to child welfare, including the
prevention of juvenile delinquency.

Art. 98. Exchange Programs. – Student exchange programs sponsored by civic associations or youth associations shall
receive the support and encouragement of the State.

Section. C. Youth Associations

Art. 99. Youth Associations. – As used in this Title, a youth association shall refer to any club, organization or
association of individuals below twenty-one years of age which is directly or indirectly involved in carrying out child or
youth welfare programs and activities.

Art. 100. Rights and Responsibilities. – All youth associations shall enjoy the same rights and discharge the same
responsibilities as civic associations as may be permitted under existing laws.

Art. 101. Student Organizations. – All student organization in public or private schools shall include in their objectives
the cultivation of harmonious relations among their members and with the various segments of the community.

Chapter 3
COLLABORATION BETWEEN THE HOME AND THE COMMUNITY
Art. 102. Proper Atmosphere for Children. – The home shall aid the community in maintaining an atmosphere
conducive to the proper upbringing of children, particularly with respect to their preparation for adult life and the
conscientious discharge of their civic duties as a whole.

Art. 103. Unwholesome Influence. – The home and the community shall cooperate with each other in counteracting and
eliminating such influences as may be exerted upon children by useless and harmful amusements and activities, obscene
exhibitions and programs, and establishments inimical to health and morals.

TITLE VI
CHILD AND YOUTH WELFARE AND THE SAMAHAN

Chapter 1
DUTIES IN GENERAL OF THE SAMAHAN

Art. 104. “Samahan” Defined. – As used in this Code, the term “samahan” shall refer to the aggregate of persons
working in commercial, industrial, and agricultural establishments or enterprises, whether belonging to labor or
management.

Art. 105. Organization. – The barangay, municipal and city councils, whenever necessary, shall provide by ordinance for
the formation and organization of a samahan in their respective communities. Membership in the samahan shall be on
voluntary basis from among responsible persons from the various sectors of the community mentioned in the preceding
article.

Art. 106. Duties of the Samahan. – The Samahan shall:

      (1) Prevent the employment of children in any kind of occupation or calling which is harmful to their normal growth and
development;

      (2) Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of employment are
in accordance not only with law but also with equity;

      (3) Give adequate protection from all hazards to their safety, health, and morals, and secure to them their basic right
to an education;

      (4) Help out-of-school youth to learn and earn at the same time by helping them look for opportunities to engage in
economic self-sufficient projects;

      (5) To coordinate with vocational and handicraft classes in all schools and agencies in the barangay, municipality or
city to arrange for possible marketing of the products or articles made by the students; and

      (6) Provide work experience, training and employment in those areas where the restoration and conservation of our
natural resources is deemed necessary.
 Chapter 2
WORKING CHILDREN

Art. 107. Employment of Children Below Sixteen Years. – Children below sixteen years of age may be employed to
perform light work which is not harmful to their safety, health or normal development and which is not prejudicial to their
studies.

The provisions of the Labor Code relating to employable age and conditions of employment of children are hereby
adopted as part of this Code insofar as not inconsistent herewith.

Art. 108. Duty of Employer to Submit Report. – The employer shall submit to the Department of Labor a report of all
children employed by him. A separate report shall be made of all such children who are found to be handicapped after
medical examination. The Secretary of Labor shall refer such handicapped children to the proper government or private
agencies for vocational guidance, physical and vocational rehabilitation, and placement in employment.

Art. 109. Register of Children. – Every employer in any commercial, industrial or agricultural establishment or enterprise
shall keep:

      (1) A register of all children employed by him, indicating the dates of their birth;

      (2) A separate file for the written consent to their employment given by their parents or guardians;

      (3) A separate file for their educational and medical certificates; and

      (4) A separate file for special work permits issued by the Secretary of Labor in accordance with existing laws.

Art. 110. Education of Children Employed as Domestics. – If a domestic is under sixteen years of age, the head of the
family shall give him an opportunity to complete at least elementary education as required under Article 71. The cost of
such education shall be a part of the domestic’s compensation unless there is a stipulation to the contrary.

Chapter 3
LABOR-MANAGEMENT PROJECTS

Art. 111. Right to Self-Organization. – Working children shall have the same freedoms as adults to join the collective
bargaining union of their own choosing in accordance with existing law.

Neither management nor any collective bargaining union shall threaten or coerce working children to join, continue or
withdraw as members of such union.
Art. 112. Conditions of Employment. – There shall be close collaboration between labor and management in the
observance of the conditions of employment required by law for working children.

Art. 113. Educational Assistance Programs. – The management may allow time off without loss or reduction of wages
for working children with special talents to enable them to pursue formal studies in technical schools on scholarships
financed by management or by the collective bargaining union or unions.

Art. 114. Welfare Programs. – Labor and management shall, in cooperation with the Women and Minors Bureau of the
Department of Labor, undertake projects and in-service training programs for working children which shall improve their
conditions of employment, improve their capabilities and physical fitness, increase their efficiency, secure opportunities for
their promotion, prepare them for more responsible positions, and provide for their social, educational and cultural
advancement.

Art. 115. Research Projects. – Labor and management shall cooperate with any government or private research project
on matters affecting the welfare of working children.

Chapter 4
COLLABORATION BETWEEN THE HOME AND THE SAMAHAN

Art. 116. Collaboration Between the Home and the Samahan. – The home shall assist the Samahan in the promotion
of the welfare of working children and for this purpose shall:

      (1) Instill in the hearts and minds of working children the value of dignity of labor;

      (2) Stress the importance of the virtues of honesty; diligence and perseverance in the discharge of their duties;

      (3) Counsel them on the provident use of the fruits of their labor for the enrichment of their lives and the improvement
of their economic security; and

      (4) Protect their general well-being against exploitation by management or unions as well as against conditions of their
work prejudicial to their health, education, or morals.

TITLE VII
CHILD AND YOUTH WELFARE AND THE STATE

Chapter 1
REGULATION OF CHILD AND YOUTH WELFARE SERVICES

Art. 117. Classifications of Child and Youth Welfare Agencies. – Public and private child welfare agencies providing
encouragement, care, and protection to any category of children and youth whether mentally gifted, dependent,
abandoned, neglected, abused, handicapped, disturbed, or youthful offenders, classified and defined as follows, shall be
coordinated by the Department of Social Welfare:

      (1) A child-caring institution is one that provides twenty-four resident group care service for the physical, mental, social
and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed
children, or youthful offenders.

      An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine or more of its
pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians for at
least two months of summer vacation.

      (2) A detention home is a twenty-four hour child-caring institution providing short term resident care for youthful
offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

      (3) A shelter-care institution is one that provides temporary protection and care to children requiring emergency
reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the
home, being without adult care because of crisis in the family, or a court order holding them as material witnesses.

      (4) Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for children who
shall during this period be under observation and study for eventual placement by the Department of Social Welfare. The
number of children in a receiving home shall not at any time exceed nine: Provided, That no more than two of them shall
be under three years of age.

      (5) A nursery is a child-caring institution that provides care for six or more children below six years of age for all or part
of a twenty-four hour day, except those duly licensed to offer primarily medical and educational services.

      (6) A maternity home is an institution or place of residence whose primary function is to give shelter and care to
pregnant women and their infants before, during and after delivery.

      (7) A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other disturbed children.

      (8) A reception and study center is an institution that receives for study, diagnosis, and temporary treatment, children
who have behavioral problems for the purpose of determining the appropriate care for them or recommending their
permanent treatment or rehabilitation in other child welfare agencies.

      (9) A child-placing agency is an institution or person assuming the care, custody, protection and maintenance of
children for placement in any child-caring institution or home or under the care and custody of any person or persons for
purposes of adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of
consanguinity or affinity are excluded from this definition.

Art. 118. License Required. – No private person, natural or juridical, shall establish, temporarily or permanently, any
child welfare agency without first securing a license from the Department of Social Welfare.

Such license shall not be transferable and shall be used only by the person or institution to which it was issued at the
place stated therein.

No license shall be granted unless the purpose of function of the agency is clearly defined and stated in writing. Such
definition shall include the geographical area to be served, the children to be accepted for care, and the services to be
provided.

If the applicant is a juridical person, it must be registered in accordance with Philippine laws.

Art. 119. Guiding Principles. – The protection and best interests of the child or children therein shall be the first and
basic consideration in the granting, suspension or revocation of the license mentioned in the preceding article.
Art. 120. Revocation or Suspension of License. – The Department of Social Welfare may, after notice and hearing ,
suspend or revoke the license of a child welfare agency on any of the following grounds:

      (1) That the agency is being used for immoral purposes;

      (2) That said agency is insolvent or is not in a financial position to support and maintain the children therein or to
perform the functions for which it was granted license;

      (3) That the children therein are being neglected or are undernourished;

      (4) That the place is so unsanitary so as to make it unfit for children;

      (5) That said agency is located in a place or community where children should not be, or is physically dangerous to
children or would unduly expose children to crime, vice, immorality, corruption or severe cruelty; or

      (6) That said agency has by any act or omission shown its incompetence or unworthiness to continue acting as a child
welfare agency. During the period of suspension, the agency concerned shall not accept or admit any additional children.
In any case, the Department of Social Welfare shall make such order as to the custody of the children under the care of
such agency as the circumstances may warrant. The suspension may last for as long as the agency has not complied
with any order of the Department of Social Welfare to remove or remedy the conditions which have risen to the
suspension. The aggrieved agency may appeal the suspension and/or revocation in a proper court action. In such case,
the court shall within fifteen days from the filing of the Department of Social Welfare’s answer, conduct a hearing and
decide the case, either by lifting the suspension, or continuing it for such period of time as it may order, or by revoking the
license of the agency where the Department of Social Welfare has proven the revocation to be justified.

Art. 121. Responsible Government Body. – The governing body of a child welfare agency or institution shall be
composed of civic leaders or persons of good standing in the community. The administrator must be a competent person
qualified by education or experience or both to serve as such.

Art. 122. Child-Caring Institution Serving as Child-Placement Agency. – An association or corporation may be both a
child-caring institution and a child-placement agency and it may be licensed to carry out both types of service.

When a license also serves as a child-placement agency, it shall maintain a staff equipped by training to make thorough
studies of every prospective family home. Staff arrangements must also be made for continuing supervision of the
children staying in family homes so long as the children remain in the legal custody of the agency.

Art. 123. Responsible Staff of Employees. – The licensee shall choose its employees who shall be persons of good
health and character, and whenever possible, the higher rank of employees shall in addition have training, preferably in
child psychology.

Art. 124. Intake Study and Periodic Investigations. – The licensee shall undertake investigations to determine if the
acceptance or continued stay of a child in its institution is necessary. Each licensee shall make provisions for continuing
services, including social casework for every child under its care.
Art. 125. Records. – The licensee shall keep confidential records of every child in its study. These records shall be made
available only to such persons as may be authorized by the Department of Social Welfare or by the proper court.

Art. 126. Home Atmosphere. – Child welfare agencies shall endeavor to provide the children with a pleasant atmosphere
that shall approximate as nearly as possible the conditions of an ideal home. Vocational rehabilitation shall also be
provided in accordance with existing law and the particular needs of the children.

Art. 127. Adequate Diet. – The licensee shall provide a varied and balanced diet to satisfy the child’s total nutritional
requirements.

Art. 128. Clothing. – The licensee shall furnish clean, comfortable, and appropriate clothing for every child under its care.

Art. 129. Physical Surroundings and Outings. – The licensee shall maintain a building adequate both in ventilation and
sanitation, and with a safe, clean and spacious playground.

Regular inexpensive periodic outing shall be an important part of its activities in order to make the children aware of their
vital role in their community and country.

Art. 130. Medical and Nursing Care. – The licensee shall provide adequate medical and nursing care for sick children
who may be confined due to illness.

Art. 131. Religious Training. – The licensee shall provide opportunities for religious training to children under its custody,
taking into consideration the religious affiliation or express wishes of the child or his parents. For such purpose, it shall
have a defined policy regarding its religious activities for the information of those wishing to place children in its care.

Art. 132. Annual Report. – Every child welfare agency or institution shall submit to the Department of Social Welfare an
annual report setting forth a brief summary of its operations during the preceding year, including the funds received during
said period, the sources thereof, the purposes for which they were spent and the cash position of the agency or institution
as of the date of the report, number of children admitted, and such other information as may be required by the
Department of Social Welfare.

Chapter 2
COLLABORATION BETWEEN THE HOME AND THE STATE

Art. 133. Healthy Growth of Children. – Pursuant to its obligation to assist the parents in the proper upbringing of the
child, the State shall, whenever possible, in collaboration and cooperation with local government establish:
      (1) Puericulture and similar centers;

      (2) Juvenile courts;

      (3) Child welfare agencies;

      (4) Orphanages and other similar institutions; and

      (5) Children’s recreation centers.

Art. 134. Puericulture or Health Centers. – Puericulture or health centers shall be established in every barangay to
perform, among other things, the following functions:

      (1) Disseminate information concerning the health of children and expectant or nursing mothers;

      (2) Provide consultation service and treatment, whenever necessary, for the children and the expectant or nursing
mothers;

      (3) Provide guidance and special treatment to children with physical handicaps; and
     
      (4) Advise child welfare institutions on matters relating to nutrition and hygiene.

Art. 135. Juvenile and Domestic Relations Courts. – Juvenile and Domestic Relations Courts shall, as far as
practicable, be established in every province or city to hear and decide cases involving juvenile and domestic problems.

Art. 136. Regional Child Welfare Agencies. – The State shall, whenever practicable, establish regional child welfare
agencies, orphanages and other similar institutions to provide care for the children mentioned in Title VIII of this Code.

Art. 137. Children’s Reading and Recreation Centers. – The State shall establish in every barangay reading centers
and recreation centers where children may meet and play together for their healthy growth and their social and cultural
development.

Art. 138. Parent Education Program. – The Department of Social Welfare shall from time to time hold a Parent
Education Congress, which shall aim to enable parents to understand child growth and development, parent-child
relationship, family life, and family-community relationship, and to improve their ability to discharge their duties.

Art. 139. Curfew Hours for Children. – City or municipal councils may prescribe such curfew hours for children as may
be warranted by local conditions. The duty to enforce curfew ordinances shall devolve upon the parents or guardians and
the local authorities.

Any parent or guardian found grossly negligent in the performance of the duty imposed by this article shall be admonished
by the Department of Social Welfare or the Council for the Protection of Children.
Art. 140. State Aid in Case of Public Calamity. – In case of earthquake, flood, storm, conflagration, epidemic, or other
calamity, the State shall give special assistance to children whenever necessary. The Department of Social Welfare shall
take immediate custody of dependent children and give temporary shelter to orphaned or displaced children (who are
separated from their parents or guardian).

TITLE VIII
SPECIAL CATEGORIES OF CHILDREN

Chapter 1
DEPENDENT, ABANDONED AND NEGLECTED CHILDREN

Art. 141. Definition of Terms.- As used in this Chapter:

      (1) A dependent child is one who is without a parent, guardian or custodian; or one whose parents, guardian or other
custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for support.

      (2) An abandoned child is one who has no proper parental care or guardianship, or whose parents or guardians have
deserted him for a period of at least six continuous months.

      (3) A neglected child is one whose basic needs have been deliberately unattended or inadequately attended. Neglect
may occur in two ways:
     
            a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter.

            A child is unattended when left by himself without provisions for his needs and/or without proper supervision.

            b) Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited,
overworked or made to work under conditions not conducive to good health; or are made to beg in the streets or public
places, or when children are in moral danger, or exposed to gambling, prostitution and other vices.
      (4) Commitment or surrender of a child is the legal act of entrusting a child to the care of the Department of Social
Welfare or any duly licensed child placement agency or individual.

      Commitment may be done in the following manner:

     
            a) Involuntary commitment, in case of a dependent child, or through the termination of parental or guardianship
rights by reason of abandonment, substantial and continuous or repeated neglect and/or parental incompetence to
discharge parental responsibilities, and in the manner, form and procedure hereinafter prescribed.

            b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner and form
hereinafter prescribed.

Art. 142. Petition for Involuntary Commitment of a Child: Venue. – The Department of Social Welfare Secretary or his
authorized representative or any duly licensed child placement agency having knowledge of a child who appears to be
dependent, abandoned or neglected, may file a verified petition for involuntary commitment of said child to the care of any
duly licensed child placement agency or individual.

The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the
province or City Court in which the parents or guardian resides or the child is found.
Art. 143. Contents of Petition: Verification. – The petition for commitment must state so far as known to the petitioner:

      (1) The facts showing that the child is dependent, abandoned, or neglected;

      (2) The names of the parent or parents, if known, and their residence. If the child has no parent or parents living, then
the name and residence of the guardian, if any; and

      (3) The name of the duly licensed child placement agency or individual to whose care the commitment of the child is
sought.

The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.

Art. 144. Court to Set Time for Hearing: Summons. – When a petition or commitment is filed, the court shall fix a date
for the hearing thereof. If it appears from the petition that one or both parents of the child, or the guardian, resides in
province or city, the clerk of court shall immediately issue summons, together with a copy of the petition, which shall be
served on such parent or guardian not less than two days before the time fixed for the hearing. Such summons shall
require them to appear before the court on the date mentioned.

Art. 145. When Summons shall Not be Issued. – The summons provided for in the next preceding article shall not be
issued and the court shall thereupon proceed with the hearing of the case if it appears from the petition that both parents
of the child are dead or that neither parent can be found in the province or city and that the child has no guardian residing
therein.

Art. 146. Representation of Child. – If it appears that neither of the parents nor the guardian of the child can be found in
the province or city, it shall be the duty of the court to appoint some suitable person to represent him.

Art. 147. Duty of Fiscal. – The provincial or city fiscal shall appear for the State, seeing to it that there has been due
notice to all parties concerned and that there is justification for the declaration of dependency, abandonment or neglect.

The legal services section of the Department of Social Welfare, any recognized legal association, or any appointed de
officio counsel shall prepare the petition for the Secretary of the Department of Social Welfare, his representative or the
head of the duly licensed child placement agency, or the duly licensed individual and represent him in court in all
proceedings arising under the provisions of this Chapter.

Art. 148. Hearing. – During the hearing of the petition, the child shall be brought before the court, which shall investigate
the facts and ascertain whether he is dependent, abandoned, or neglected, and, if so, the cause and circumstances of
such condition. In such hearing, the court shall not be bound by the technical rules of evidence.

Failure to provide for the child’s support for a period of six months shall be presumptive evidence of the intent to abandon.
Art. 149. Commitment of Child. – If, after the hearing, the child is found to be dependent, abandoned, or neglected, an
order shall be entered committing him to the care and custody of the Department of Social Welfare or any duly licensed
child placement agency or individual.

Art. 150. When Child May Stay In His Own Home. – If in the court’s opinion the cases of the abandonment or neglect of
any child may be remedied, it may permit the child to stay in his own home and under the care and control of his own
parents or guardian, subject to the supervision and direction of the Department of Social Welfare.

When it appears to the court that it is no longer for the best interests of such child to remain with his parents or guardian, it
may commit the child in accordance with the next preceding article.

Art. 151. Termination of Rights of Parents. – When a child shall have been committed to the Department of Social
Welfare or any duly licensed child placement agency or individual pursuant to an order of the court, his parents or
guardian shall thereafter exercise no authority over him except upon such conditions as the court may impose.

Art. 152. Authority of Person, Agency or Institution. – The Department of Social Welfare or any duly licensed child
placement agency or individual receiving a child pursuant to an order of the court shall be the legal guardian and entitled
to his legal custody and control, be responsible for his support as defined by law, and when proper, shall have authority to
give consent to his placement, guardianship and/or adoption.

Art. 153. Change of Custody. – The Department of Social Welfare shall have the authority to change the custody of a
child committed to and duly licensed child placement agency or individual if it appears that such change is for the best
interests of the child. However, when conflicting interests arise among child placement agencies the court shall order the
change of commitment of the child.

Art. 154. Voluntary Commitment of a Child to an Institution. – The parent or guardian of a dependent, abandoned or
neglected child may voluntarily commit him to the Department of Social Welfare or any duly licensed child placement
agency or individual subject to the provisions of the next succeeding articles.

Art. 155. Commitment Must Be in Writing. – No child shall be committed pursuant to the preceding article unless he is
surrendered in writing by his parents or guardian to the care and custody of the Department of Social Welfare or duly
licensed child placement agency. In case of the death or legal incapacity of either parent or abandonment of the child for a
period of at least one year, the other parent alone shall have the authority to make the commitment. The Department of
Social Welfare, or any proper and duly licensed child placement agency or individual shall have the authority to receive,
train, educate, care for or arrange appropriate placement of such child.

Art. 156. Legal Custody. – When any child shall have been committed in accordance with the preceding article and such
child shall have been accepted by the Department of Social Welfare or any duly licensed child placement agency or
individual, the rights of his natural parents, guardian, or other custodian to exercise parental authority over him shall
cease.

Such agency or individual shall be entitled to the custody and control of such child during his minority, and shall have
authority to care for, educate, train and place him out temporarily or for custody and care in a duly licensed child
placement agency. Such agency or individual may intervene in adoption proceedings in such manner as shall best inure
to the child’s welfare.

Art. 157. Visitation or Inspection. – Any duly licensed child placement agency or individual receiving a judicial order or
by voluntary commitment by his parents or guardian shall be subject to visitation or inspection by a representative of the
court or of the Department of Social Welfare or both, as the case may be.

Art. 158. Report of Person or Institution. – Any duly licensed child placement agency or individual receiving a child for
commitment may at any time be required by the Department of Social Welfare to submit a report, copy furnished the
court, containing all necessary information for determining whether the welfare of the child is being served.

Art. 159. Temporary Custody of Child. – Subject to regulation by the Department of Social Welfare and with the
permission of the court in case of judicial commitment, the competent authorities of any duly licensed child placement
agency or individual to which a child has been committed may place him in the care of any suitable person, at the latter’s
request, for a period not exceeding one month at a time.

The temporary custody of the child shall be discontinued if it appears that he is not being given proper care, or at his own
request, or at the instance of the agency or person receiving him.

Art. 160. Prohibited Acts. – It shall be unlawful for any child to leave the person or institution to which he has been
judicially or voluntarily committed or the person under whose custody he has been placed in accordance with the next
preceding article, or for any person to induce him to leave such person or institution, except in case of grave physical or
moral danger, actual or imminent, to the child.

Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine of not more than
two thousand pesos, or both such fine and imprisonment at the discretion of the court: Provided, That if the violation is
committed by a foreigner, he shall also be subject to deportation.

If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or mitigate the offense as
circumstances shall warrant.

Art. 161. Duty to Report Abandonment. – When the parents or persons entitled to act as guardian of a child are dead
or, if living, have abandoned him, for no valid reason, for at least six months in a duly licensed child placement agency or
hospital, or left him with any other person for the same period without providing for his care and support, such fact shall be
reported immediately to the Department of Social Welfare. In case of a child left in a hospital immediate transfer of the
child to the Department of Social Welfare or any duly licensed child placement agency must be arranged. The Department
of Social Welfare shall make provisions for the adequate care and support of the child and shall take such action as it may
deem proper for his best interests.

Art. 162. Adoption of Dependent or Abandoned or Neglected Child. – Upon the filing of an application by any person
to adopt a dependent, abandoned or neglected child in the custody of any institution or individual mentioned in Article 156,
it shall be the duty of the provincial or city fiscal, any recognized legal association, or any appointed de officio counsel
upon being informed of such fact, to represent the Department of Social Welfare in the proceedings. The costs of such
proceedings shall be de officio.
Art. 163. Restoration of Child After Involuntary Commitment. – The parents or guardian of a child committed to the
care of a person, agency or institution by judicial order may petition the proper court for the restoration of his rights over
the child: Provided, That the child in the meantime, has not been priorily given away in adoption nor has left the country
with the adopting parents or the guardian. The petition shall be verified and shall state that the petitioner is now able to
take proper care and custody of said child.

Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and cause reasonable
notice thereof to be sent to the petitioner and to the person, agency or institution to which the child has been committed.
At the trial, any person may be allowed, at the discretion of the court, to contest the right to the relief demanded, and
witnesses may be called and examined by the parties or by the court motu proprio. If it is found that the cause for the
commitment of the child no longer exists and that the petitioner is already able to take proper care and custody of the
child, the court, after taking into consideration the best interests and the welfare of the child, shall render judgment
restoring parental authority to the petitioner.

Art. 164. Restoration After Voluntary Commitment. Upon petition filed with the Department of Social Welfare the
parent or parents or guardian who voluntarily committed a child may recover legal custody and parental authority over him
from the agency, individual or institution to which such child was voluntarily committed when it is shown to the satisfaction
of the Department of Social Welfare that the parent, parents or guardian is in a position to adequately provide for the
needs of the child: Provided, That, the petition for restoration is filed within six months after the surrender.

In all cases, the person, agency or institution having legal custody of the child shall be furnished with a copy of the petition
and shall be given the opportunity to be heard.

Art. 165. Removal of Custody. – A petition to transfer custody of a child may be filed against a person or child welfare
agency to whose custody a child has been committed by the court based on neglect of such child as defined in Article
141(3). If the court, after notice and hearing, is satisfied that the allegations of the petition are true and that it is for the
best interest and welfare of the child the court shall issue an order taking him from the custody of the person or agency,
as the case may be, and committing him to the custody of another duly licensed child placement agency or individual.

The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the court may deem
proper, in the same proceeding.

Art. 166. Report of Maltreated or Abused Child. – All hospitals, clinics and other institutions as well as private
physicians providing treatment shall, within forty-eight hours from knowledge of the case, report in writing to the city or
provincial fiscal or to the Local Council for the Protection of Children or to the nearest unit of the Department of Social
Welfare, any case of a maltreated or abused child, or exploitation of an employed child contrary to the provisions of labor
laws. It shall be the duty of the Council for the Protection of Children or the unit of the Department of Social Welfare to
whom such a report is made to forward the same to the provincial or city fiscal.

Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such report to a fine of
not more than two thousand pesos.

In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no information relating
thereto shall be disclosed except in connection with any court or official proceeding based on such report. Any person
disclosing confidential information in violation of this provision shall be punished by a fine of not less than one hundred
pesos nor more than five thousand pesos, or by imprisonment for not less than thirty days nor more than one year, or both
such fine and imprisonment, at the discretion of the court.
Art. 167. Freedom from Liability of Reporting Person or Institution. – Persons, organizations, physicians, nurses,
hospitals, clinics and other entities which shall in good faith report cases of child abuse, neglect, maltreatment or
abandonment or exposure to moral danger be free from any civil or criminal liability arising therefrom.

Chapter 2
MENTALLY RETARDED, PHYSICALLY HANDICAPPED,
EMOTIONALLY DISTURBED AND MENTALLY ILL CHILDREN

Art. 168. Mentally Retarded Children. – Mentally retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally subnormal; (3) retarded
intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin,
through hereditary or disease, and (6) essentially incurable.

Art. 169. Classification of Mental Retardation. – Mental Retardation is divided into four classifications:

      (1) Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least capable
group. This includes those with I.Q.s to 25.

      (2) Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one who
belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the average child, is unable
to acquire higher academic skills, but can usually acquire the basic skills for living to a reasonable degree. He can
likewise attain a primary grade level of education if he receives effective instruction.

      (3) Educable Group. This group’s I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of success or
accomplishment that they will reach in life depends very much on the quality and type of education they receive, as well
as on the treatment at home and in the community. Many of the educable retardates may reach 5th or 6th grade
educational level and can develop occupational skills which may result in partial or complete economic independence in
adulthood.

      (4) Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about 75 to
about 89. The members of this classification are only slightly retarded and they can usually get by in regular classes if
they receive some extra help, guidance and consideration. They have to spend much more time with their studies than do
most children in order to pass. Those who cannot make it are usually handicapped by one or more other conditions aside
from that of intelligence.

Art. 170. Physically Handicapped Children. – Physically handicapped children are those who are crippled, deaf-mute,
blind, or otherwise defective which restricts their means of action on communication with others.

Art. 171. Emotionally Disturbed Children. – Emotionally disturbed children are those who, although not afflicted with
insanity or mental defect, are unable to maintain normal social relations with others and the community in general due to
emotional problems or complexes.

Art. 172. Mentally Ill Children. – Mentally ill children are those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or hospitalization.
Art. 173. Admission of Disabled Children. – The Department of Social Welfare, upon the application of the parents or
guardians and the recommendation of any reputable diagnostic center or clinic, shall refer and/or admit disabled children
to any public or private institution providing the proper care, training and rehabilitation.

“Disabled children” as used in this Chapter shall include mentally retarded, physically handicapped, emotionally
disturbed, and severe mentally ill children.

Art. 174. Training and Opportunities for Disabled Children. – Specialized educational services shall be expanded and
improved to provide appropriate opportunities for disabled children. Vocational rehabilitation and manpower conservation
agencies shall train disabled children for specialized types of jobs, services and business which could be learned only by
them and shall help provide opportunities for their future occupational placement: That the agencies and organizations
engaged in programs and services for the disabled need not be limited to minors. Persons of legal age may be admitted
whenever facilities are available for them.

Art. 175. Planning of Programs and Services. – Selected pilot demonstration projects needed by the disabled children
shall be developed and shall be the basis for planning expanded programs and services throughout the nation. There
shall be established area centers designed to bring together an aggregate of services to serve all ages of the disabled
within a specified geographical area.

Art. 176. Donations. – Donations to agencies and organizations engaged in programs and services for disabled children
shall be deductible in accordance with the provision of Presidential Decree No. 507.

Art. 177. Petition for Commitment. – Where a child appears to be mentally retarded, physically handicapped,
emotionally disturbed, or mentally ill, and needs institutional care but his parents or guardians are opposed thereto, the
Department of Social Welfare, or any duly licensed child placement agency or individual shall have the authority to file a
petition for commitment of the said child to any reputable institution providing care, training and rehabilitation for disabled
children.

The parents or guardian of the child may file a similar petition in case no immediate placement can be arranged for the
disabled child when the welfare and interest of the child is at stake.

Art. 178. Venue. – The petition for commitment of a disabled child shall be filed with the Juvenile and Domestic Relations
Court, if any, or with the Court of First Instance of the province or City Court where the parent or guardian resides or
where the child is found.

Art. 179. Contents of Petition. – The petition for commitment must state so far as known to the petitioner:

      (1) The facts showing that the child appears to be mentally retarded, physically handicapped, emotionally disturbed or
mentally ill and needs institutional care;

      (2) The Fact that the parents or guardians or any duly licensed disabled child placement agency, as the case may be,
has opposed the commitment of such child;
      (3) The name of the parents and their residence, if known or if the child has no parents or parent living, the names and
residence of the guardian, if any; and

      (4) The name of the institution where the child is to be committed.

The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.

Art. 180. Order of Hearing. – If the petition filed is sufficient in form and substance, the court, by an order reciting the
purpose of the petition, shall fix the date for the hearing thereof, and a copy of such order shall be served on the child
alleged to be mentally retarded, or physically handicapped, or emotionally disturbed, or mentally ill, and on the person
having charge of him or any of his relatives residing in the province or city as the judge may deem proper. The court shall
furthermore order the sheriff to produce, if possible, the alleged disabled child on the date of the hearing.

Art. 181. Hearing and Judgment. – Upon satisfactory proof that the institutional care of the child is for him or the public
welfare and that his parents, or guardian or relatives are unable for any reason to take proper care of him, the Court shall
order his commitment to the proper institution for disabled children.

Art. 182. Disposition of Property or Money. – The Court, in its order of commitment, shall make proper provisions for
the custody of property or money belonging to the committed child.

Art. 183. Findings and Other Data. – The Court shall furnish the institution to which the child has been committed with a
copy of its judgment, together with all the social and other data pertinent to the case.

Art. 184. Expenses. – The expense of maintaining a disabled child in the institution to which he has been committed shall
be borne primarily by the parents or guardian and secondarily, by such disabled child, if he has property of his own.

In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with the next
preceding paragraph, the same, or such part thereof as may remain unpaid, shall be borne by the Department of Social
Welfare.

Art. 185. Children With Cerebral Palsy. – Children afflicted with cerebral palsy shall be committed to the institution
which under the circumstances of the particular child concerned is best equipped to treat and care for him.

Art. 186. Discharge of Child Judicially Committed. – The Court shall order the discharge of any child judicially
committed to an institution for disabled children if it is certified by the Department of Social Welfare that:

      (1) He has been certified by the duly licensed disabled child placement agency to be no longer a hazard to himself or
to the community;

      (2) He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit to engage in a
gainful occupation; or
      (3) He has been relieved of his emotional problems and complexes and is ready to assume normal social relations.

Art. 187. Discharge of Child Voluntarily Committed. – Any child voluntarily committed to an institution for disabled
children may be discharged by the Department of Social Welfare motu proprio or upon the request of his parents or
guardian on any of the grounds specified in the preceding article. In the latter case, the Department of Social Welfare may
refuse to discharge the child if, in its opinion, his release would be prejudicial to him or to the community.

Art. 188. Assistance of Fiscal. – The provincial or city fiscal shall represent the Department of Social Welfare or any
recognized legal association in all judicial matters arising under the provisions of this Chapter.

Chapter 3
YOUTHFUL OFFENDERS

 
Art. 189. Youthful Offender Defined. – A youthful offender is one who is over nine years but under twenty-one years of
age at the time of the commission of the offense.

A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be committed
to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its
supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of the
commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance
with Article 192.

The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this Chapter.

Art. 190. Physical and Mental Examination. – It shall be the duty of the law-enforcement agency concerned to take the
youthful offender, immediately after his apprehension, to the proper medical or health officer for a thorough physical and
mental examination. Whenever treatment for any physical or mental defect is indicated, steps shall be immediately
undertaken to provide the same.

The examination and treatment papers shall form part of the record of the case of the youthful offender.

Art. 191. Care of Youthful Offender Held for Examination or Trial. – A youthful offender held for physical and mental
examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed to the care of
the Department of Social Welfare or the local rehabilitation center or a detention home in the province or city which shall
be responsible for his appearance in court whenever required: Provided, That in the absence of any such center or
agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide
quarters for youthful offenders separate from other detainees. The court may, in its discretion, upon recommendation of
the Department of Social Welfare or other agency or agencies authorized by the Court, release a youthful offender on
recognizance, to the custody of his parents or other suitable person who shall be responsible for his appearance
whenever required.
Art. 192. Suspension of Sentence and Commitment of Youthful Offender. – If after hearing the evidence in the proper
proceedings, the court should find that the youthful offender has committed the acts charged against him the court shall
determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing
judgment of conviction, the court shall suspend all further proceedings and shall commit such minor to the custody or care
of the Department of Social Welfare, or to any training institution operated by the government, or duly licensed agencies
or any other responsible person, until he shall have reached twenty-one years of age or, for a shorter period as the court
may deem proper, after considering the reports and recommendations of the Department of Social Welfare or the agency
or responsible individual under whose care he has been committed.

The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social
Welfare or any duly licensed agency or such other officer as the Court may designate subject to such conditions as it may
prescribe.

Art. 193. Appeal. – The youthful offender whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.

Art. 194. Care and Maintenance of Youthful Offender. – The expenses for the care and maintenance of the youthful
offender whose sentence has been suspended shall be borne by his parents or those persons liable to support him:
Provided, That in case his parents or those persons liable to support him can not pay all or part of said expenses, the
municipality in which the offense was committed shall pay one-third of said expenses or part thereof; the province to
which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National
Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said
expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the
settlement of said indebtedness.

All city and provincial governments must exert efforts for the immediate establishment of local detention homes for
youthful offenders.

Art. 195. Report on Conduct of Child. – The Department of Social Welfare or its representative or duly licensed agency
or individual under whose care the youthful offender has been committed shall submit to the court every four months or
oftener as may be required in special cases, a written report on the conduct of said youthful offender as well as the
intellectual, physical, moral, social and emotional progress made by him.

Art. 196. Dismissal of the Case. – If it is shown to the satisfaction of the court that the youthful offender whose sentence
has been suspended, has behaved properly and has shown his capability to be a useful member of the community, even
before reaching the age of majority, upon recommendation of the Department of Social Welfare, it shall dismiss the case
and order his final discharge.

Art. 197. Return of the Youth Offender to Court. – Whenever the youthful offender has been found incorrigible or has
willfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in the training
institution be inadvisable, he shall be returned to the committing court for the pronouncement of judgment.

When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine whether to
dismiss the case in accordance with the next preceding article or to pronounce the judgment of conviction.

In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full time
spent in actual commitment and detention effected under the provisions of this Chapter.
Art. 198. Effect of Release of Child Based on Good Conduct. – The final release of a child pursuant to the provisions
of this Chapter shall not obliterate his civil liability for damages. Such release shall be without prejudice to the right for a
writ of execution for the recovery of civil damages.

Art. 199. Living Quarters for Youthful Offenders Sentence. – When a judgment of conviction is pronounced in
accordance with the provisions of Article 197, and at the time of said pronouncement the youthful offender is still under
twenty-one, he shall be committed to the proper penal institution to serve the remaining period of his sentence: Provided,
That penal institutions shall provide youthful offenders with separate quarters and, as far as practicable, group them
according to appropriate age levels or other criteria as will insure their speedy rehabilitation: Provided, further, That the
Bureau of Prisons shall maintain agricultural and forestry camps where youthful offenders may serve their sentence in lieu
of confinement in regular penitentiaries.

Art. 200. Records of Proceedings. – Where a youthful offender has been charged before any city or provincial fiscal or
before any municipal judge and the charges have been ordered dropped, all the records of the case shall be destroyed
immediately thereafter.

Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an
institution and subsequently releases him pursuant to this Chapter, all the records of his case shall be destroyed
immediately after such acquittal, dismissal or release, unless civil liability has also been imposed in the criminal action, in
which case such records shall be destroyed after satisfaction of such civil liability. The youthful offender concerned shall
not be held under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his
failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.

“Records” within the meaning of this article shall include those which may be in the files of the National Bureau
of Investigation and with any police department, or any other government agency which may have been involved in the
case.

Art. 201. Civil Liability of Youthful Offenders. – The civil liability for acts committed by a youthful offender shall devolve
upon the offender’s father and, in case of his death or incapacity, upon the mother, or in case of her death or incapacity,
upon the guardian. Civil liability may also be voluntarily assumed by a relative or family friend of the youthful offender.

Art. 202. Rehabilitation Centers. – The Department of Social Welfare shall establish regional rehabilitation centers for
youthful offenders. The local government and other non-governmental entities shall collaborate and contribute their
support for the establishment and maintenance of these facilities.

Art. 203. Detention Homes. – The Department of Local Government and Community Development shall establish
detention homes in cities and provinces distinct and separate from jails pending the disposition of cases of juvenile
offenders.

Art. 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their Children
or Wards. – A person whether the parent or guardian of the child or not, who knowingly or willfully,

      (1) Aids, causes, abets or connives with the commission by a child of a delinquency, or
      (2) Does any act producing, promoting, or contributing to a child’s being or becoming a juvenile delinquent, shall be
punished by a fine not exceeding five hundred pesos or to imprisonment for a period not exceeding two years, or both
such fine and imprisonment, at the discretion of the court.

TITLE IX
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH

Chapter 1
CREATION AND COMPOSITION

Art. 205. Creation of the Council for the Welfare of Children. – A Council for the Welfare of Children is hereby
established under the Office of President. The Council shall be composed of the Secretary of Social Welfare as Chairman,
and seven members, namely: The Secretary of Justice, the Secretary of Labor, the Secretary of Education and Culture,
the Secretary of Health, the Presiding Judge of the Juvenile and Domestic Relations Court, City of Manila, and two
representatives of voluntary welfare associations to be appointed by the President of the Philippines, each of whom shall
hold office for a term two years.

There shall be a permanent Secretariat for the Council headed by an Executive Director, to be appointed by the Chairman
and approved by a majority of the members of the Council.

For actual attendance at regular meetings, the Chairman and each member of the Council shall receive a per diem of one
hundred pesos for every meeting actually attended, but the total amount of per diem that the Chairman and a member
may receive in a month shall in no case exceed five hundred pesos.

Art. 206. Appropriation. – The sum of five million pesos is hereby appropriated, out of any funds in the National Treasury
not otherwise appropriated, for the operation and maintenance of the Council for the Welfare of Children and Youth during
the fiscal year. Thereafter, such sums as may be necessary for its operation and maintenance shall be included in the
General Appropriations Decree.

Chapter 2
POWERS AND RESPONSIBILITIES

Art. 207. Powers and Functions. – The Council for the Welfare of Children and Youth shall have the following powers
and functions:

      (1) To coordinate the implementation and enforcement of all laws relative to the promotion of child and youth welfare;

      (2) To prepare, submit to the President and circulate copies of long-range programs and goals for the physical,
intellectual , emotional, moral, spiritual, and social development of children and youth, and to submit to him an annual
report of the progress thereof;

      (3) To formulate policies and devise, introduce, develop and evaluate programs and services for the general welfare of
children and youth;
      (4) To call upon and utilize any department, bureau, office, agency, or instrumentality, public, private or voluntary, for
such assistance as it may require in the performance of its functions;

      (5) Perform such other functions as provided by law.

Art. 208. Offices to Coordinate with the Council for Welfare of Children. – The following offices and agencies shall
coordinate with the Council for the Welfare of Children and Youth in the implementation of laws and programs on child
and youth welfare:

      (1) Department of Justice

      (2) Department of Social Welfare

      (3) Department of Education and Culture

      (4) Department of Labor

      (5) Department of Health

      (6) Department of Agriculture

      (7) Department of Local Government and Community Development;

      (8) Local Councils for the Protection of Children; and such other government and private agencies which have
programs on child and youth welfare.

Existing as well as proposed programs of the above-named agencies as well as other government and private child
and youth welfare agencies as may be hereafter created shall be implemented by such agencies: Provided, That, with the
exception of those proposed by the Local Councils for the Protection of Children, all long-range child and youth welfare
programs shall, before implementation, be indorsed by the agencies concerned to their respective departments, which
shall in turn indorse the same to the Council for the Welfare on Children and Youth, for evaluation, cooperation and
coordination.

Chapter 3
IMPLEMENTATION OF CODE AND RULE-MAKING AUTHORITY

Art. 209. Implementation of this Code and Rule-Making Authority. – The enforcement and implementation of this
Code shall be the primary responsibility of the Council for the Welfare of Children. Said Council shall have authority to
promulgate the necessary rules and regulations for the purpose of carrying into effect the provisions of this Code.

FINAL PROVISIONS

Art. 210. General Penalty. – Violations of any provisions of this Code for which no penalty is specifically provided shall
be punished by imprisonment not exceeding one month or a fine not exceeding two hundred pesos, or both such fine and
imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or special
laws.
Art. 211. Repealing Clause. – All laws or parts of any laws inconsistent with the provisions of this Code are hereby
repealed or modified accordingly: Provided, That the provisions of the Dangerous Drugs Act of 1972 and amendments
thereto shall continue to be in force and shall not be deemed modified or repealed by any provision of this Code.

Art. 212. Separability Clause. – If any provision of this Code is held invalid, the other provisions not affected thereby
shall continue in operation.

Art. 213. Effectivity Clause. – This Code shall take effect six months after its approval.