Title 6: Crimes against public morals 2.

cara y cruz, pompiang and the like;

(1) Gambling. (Art. 195) 3. 7-11 and any game using dice;

(2) Importation, sale and possession of lottery tickets or 4. black jack, lucky nine, poker and its derivatives,
advertisements. (Art. 196) monte, baccarat, cuajo, pangguigue and other card
games;
(3) Betting in sport contests. (Art. 197)
5. pak que, high and low, mahjong, domino and other
(4) Illegal betting on horse races. (Art. 198) (5) Illegal
games using plastic tiles and the like;
cockfighting. (Art. 199)
6. slot machines, roulette, pinball and other mechanical
(6) Grave scandal. (Art. 200)
contraptions and devices;
(7) Immoral doctrines, obscene publications and
7. dog racing, boat racing, car racing and other forms of
exhibitions. (Art. 201)
races;
(8) Vagrancy and prostitution. (Art. 202)
8. basketball, boxing, volleyball, bowling, pingpong and
other forms of individual or team contests to include
game fixing, point shaving and other machinations;
Provisions of Arts. 195-199 and of PD Nos. 483 (betting,
game-fixing, or point-shaving and machinations in sport 9. banking or percentage game, or any other game or
contests) and 449 (cockfighting law) inconsistent with scheme, whether upon chance or skill, wherein wagers
PD No. 1602 are repealed consisting of money, articles of value or representative
of value are at stake or made;
PRESIDENTIAL DECREE NO. 1602
(2) Any person who shall knowingly permit any form of
PRESCRIBING STIFFE R PENALTD3S IN ILLEGAL gambling referred to in the preceding subparagraph to
GAMBLING be carried on in an inhabited or uninhabited place or in
What is gambling?— any building, vessel or other means of transportation
owned or controlled by him.
Gambling is any game or scheme, whether upon chance
or skill, wherein wagers consisting of money, articles or (b) The penalty of prision correccional in its maximum
value or representative of value are at stake or made. period9 or a fine of six thousand pesos shall be imposed
upon:
Presidential Decree No. 1602, dated June 11,1978,
provides stiffer penalties for violations of the gambling (1) Any person who shall knowingly permit any form of
laws.— gambling to be carried on in a place which has a
reputation of a gambling place or that prohibited
(a) The penalty of prision correccional in its medium gambling is frequently carried on therein, or in a public
period7 or a fine ranging from P1,000 to P6,000, and in or government building or barangay hall;
case of recidivism, the penalty of prision mayor in its
medium period or a fine ranging from P5,000 to (2) The maintainer or conductor of the above gambling
P10,000, shall be imposed upon: schemes.

(1) Any person who, in any manner, shall directly or (c) The penalty of prision mayor in its medium period
indirectly take part in any illegal or unauthorized with temporary absolute disqualification or a fine of
activities or games of — P6,000 shall be imposed if the maintainer, conductor or
banker of the gambling schemes is a government
1. cockfighting, jueteng, jai-alai or horse racing to official, or where such government official is the player,
include bookie operations and game fixing, numbers, promoter, referee, umpire, judge or coach in case of
bingo and other forms of lotteries; game fixing, point shaving and other machination.

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(d) The penalty of prision correccional in its medium f) Imprisonment from 14 years and 1 day to 16
period or a fine ranging friom P400 to P2,000 shall be years00 if person acts as a financer or capitalist
imposed upon any person who knowingly and without
g) Imprisonment from 16 years and 1 day to 18
lawful purpose in any hour of any day, possesses any
years—if person acts as financier or coddler
lottery list, paper or other matter containing letters,
figures, signs or symbols pertaining to or in any manner
used in the games of jueteng, jai-alai or horse racing
bookies and similar games of lotteries and numbers
which have taken place or about to take place. Liability of Government Officials and Employees
(e) The penalty of temporary absolute disqualification under RA 9287—
shall be imposed upon any barangay official who, with 1. 12 years and 1 day to 20 years imprisonment and a
knowledge of the existence of a gambling house or fine ranging from 3 million- 5millionphp, and perpetual
place in his jurisdiction fails to abate the same or take absolute disqualification
action in connection therewith.
Public official or employee acting as collector, agent;
(f) The penalty of prision correccional in its maximum coordinator, controller, supervisor; maintainer, manager,
period or a fine ranging from five hundred pesos to two operator, financier or capitalist of any illegal numbers
thousand pesos shall be imposed upon any security game
officer, security guard, watchman, private or house
detective of hotels, villages, buildings, enclosures and 2. Perpetual disqualification from public office
the like which have the reputation of a gambling place Local government official who fails to act or tolerate
or where gambling activities are being held operation illegal numbers game in his jurisdiction
Rep. Act No. 9287 increased the penalties for illegal 3. Administrative penalty of suspension or dismissal
number games.—
Law enforcer who fails to apprehend perpetrators of an
Illegal number games" is any form of illegal gambling illegal numbers game
activity which uses numbers or combinations thereof as
factors in giving out jackpots/ prizes/returns. Why gambling is prohibited and punished.—

Penalties under Rep. Act No. 9287.— People vs. Punto: To repress an evil that undermines the
social, moral and economic growth of the nation.
a) Imprisonment from 30-90 days—If perron acts as
bettor US vs. Salaveria: It has the effect of causing poverty,
dishonesty, fraud and deceit.
b) Imprisonment from 6 years and 1 day to 8 years
—if person (i) acts as personnel or staff of an illegal Must any and all games mentioned in Presidential
numbers game operation or (ii) allows his vehicle, Decree No. 1602 be played for money?—People vs.
house, building or land to be used in such operation Rafael

c) Imprisonment from 8 years and 1 day to 10 years It seems that when the law names the games, punishing
—if person acts as a collector or agent any person who take part therein, its purpose is to
prohibit absolutely those games
d) Imprisonment from 10 years and 1 day to 12
years—if person acts as coordinator, controller, or Spectators are not liable in gambling.— US vs. Palma et
supervisor al

e) Imprisonment from 12 years and 1 day 10 14 Definition of lottery— US vs. Filart

years—if person acts as a financer or capitalist

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It is a scheme for the distribution of prizes by chance The burden of the evidence is shifted to the accused to
among persons who have paid, or agreed to pay, a show that his possession is lawful and that the jueteng
valuable consideration for the chance to obtain a prize. list is in no way connected with jueteng game that has
taken place or about to take place.
Elements of lottery:
But proof to the contrary is necessary when the jueteng
(a) consideretion;
lists pertain to games played on other dates.—People
(b) chance; vs. Tan Ching Hing

(c) prize, or some advantage or inequality in amount or the prosecution must prove that they were used on the
value which is in the nature of a prize. date of the raid or immediately prior to or after said
date.
US vs. Baguio: Lottery embraces all schemes for
distribution of prizes by chance.

Presidential Decree No. 519, which took effect on July

23, 1974, has outlawed pinball and slot machines and
Art. 195- What acts are punishable in gambling
other similar devices and nullified all permits and/or
licences to operate the same.— Penalty:

Penalty: prision correccional to prision mayor, fine not Arresto menor and a fine not exceeding 200php; or
less than 5000php, or both arresto mayor and a fine between 200-600php
(recidivism) [maximum period- if place has a reputation
Provided: officers are liable, if offender is a juridical
for gambling, or gambling frequently occurs]
person; and additional automatic penalty of
deportation, if offender is an alien - Persons taking part in monte, jueteng, or any other
form of lottery , policy , banking , or percentage game ,
Knowingly permitting gambling to be carried on in a
dog races, or any other game or scheme the result of
place owned or controlled by the offender.—
which depends wholly or chiefly upon chance or
Elements: hazard ;

1. That a gambling game was carried on in an inhabited - Any person who shall knowingly permit any form of
or uninhabited place or in any building, vessel or other gambling referred to in the preceding subdivision to be
means of transportation. carried on in any inhabited or uninhabited place or any
building , vessel or other means of transportation
2. That the place, building, vessel or other means of owned or controlled by him .
transportation is owned or controlled by the offender.
Prision correccional in its maximum degree: maintainer,
3. That the offender permitted the carrying on of such conductors, or banker of jueteng or similar game
game, knowing that it is a gambling game.
Prision correccional in its medium degree: persons in
Maintainer or conductor in a gambling game or scheme. with possession of lottery list, paper, or any other
— matter containing letters, figure, symbols, or signs uased
"Maintainer" is the person who sets up and furnishes in jueteng or similar game
the means with which to carry on the gambling game or
scheme.
Art. 196: Importation, sale, and possession of lottery
"Conductor" is the person who manages or carries on tickets or advertisements
the gambling game or scheme.
Acts punished relative to lottery tickets or
Proof that game took place or is about to take place is advertisement—
not necessary—Encarnacion vs. People
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1. By importing into the Philippines from any foreign d. Game machination — any other fraudulent ,
place or port any lottery ticket or advertisement. deceitful , unfair or dishonest means , method , manner
or practice employed for the purpose of influencing the
2. By selling or distributing the name in connivance with
result of any game , races or sports contests
the importer.
Sec. 2—Betting, game-fixing, point-shaving, or game
[arresto mayor in its maximum period to prison
machination unlawful
correccional in its minimum period or a fine not
between 200-200php or both] Unlawful in collection with basketball, volleyball,
softball, baseball, chess, boxing bouts, jai-alai, pelota,
3. By possessing, knowingly and with intent to use,
and other sports, contests, games, and races
lottery tickets or advertisements.
Sec. 3—Penalty
4. By selling or distributing the same without
connivance with the importer. Prison correccional in its maximum period and a fine of
2000php, with subsidiary imprisonment (insolvency)
[arresto menor or a fine not exceeding 1000php, or
both] - promoters, referee, umpire, judge or coach, manager,
or sponsor, participating team or individual
Presumption of intent to sell, distribute, or use lottery
ticket or advertisement— Art. 196 last par. - If it is a syndicate among five or more persons

Must the lottery tickets be genuine—US vs. Reyes Prision correccional in its medium period and a fine of
1000php and subsidiary imprisonment

- Other offenders
Art. 197: Betting in sports contents REPEALED
Additional penalty of disqualification from holding
public office (government official or employee) and
Presidential Decree No. 483 deportation (foreigner)

BETTING, GAME-FIXING OR POINT-SHAVING AND Sec. 4—Clearance for arrest, detention or prosecution
MACHINATIONS IN SPORT CONTESTS
Persons denounced before the Philippine Amateur
Sec. 1—Definition Athletic Federation, or the National Sports Association
and/or to the concerned law enforcement
a. Betting — betting money or any object or article of
value or representative of value upon the result of any Requires written clearance from the President of the
game, races and other sports contests. Philippines and/or Secretary of National Defense

b. Game-fixing — any arrangement, combination, Sec. 5—Repealing clause

scheme or agreement by which the result of any game,
Sec.6—Effectivity
races or sports contests shall be predicted and/or knows
other than on the basis of the honest playing skill or
ability of the players or participants.
Art. 198—Illegal betting on horse races
c. Point-shaving — any such arrangement, combination,
Acts punishable in illegal betting on horse races:
scheme or agreement by which the skill of ability of any
player or participant in a game, races or sports contests 1. By betting on horse races during the periods not
to make points or scores shall be limited deliberately in allowed by law.
order to influence the result thereof in favor of one or
the other team, player or participant therein. [arresto menor and a fine not exceeding 200php, or
both]

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 (c ) Bet Taker or Promoter — A person who calls an d
takes care o f bet s from owners of both gamecocks an d
2. By maintaining or employing a totalizer or other
those o f other bettors before he order s
device or scheme for betting on races or realizing profit
commencement to the cockfight and thereafter
therefrom, during the periods not allowed by law
distributes won bets to the winners after deducting a
[Arresto mayor and a fine ranging from 200-2000php] certain commission .

Racing days— Sec. 4 RA 309 ( d) Gaffer (Taga Tari) — A person knowledgeable in the
art of arming fighting cock s with gaff or gaffs on either
Sundays not reserved under this Act, on twenty-four or both legs.
Saturdays as may be determined by the said
Commission, and on legal holidays e ) Referee (Sentenciador) — A person who watches and
overseas the proper gaffing of fighting cocks ,
Horse races not allowed by law on— determines the physical condition of fighting cocks while
(1) July 4th of each year. (Rep. Act No. 137); cockfighting is in process , the injuries sustained by the
cocks an d their capability to continue fighting and
(2) Dec. 30th of each year. (Rep. Act No. 229); decides and make known his decision by word or
(3) Any registration or voting days. (Rep. Act No. 180, gestures the result of the cockfighting by announcing
Revised Election Code); the winner or declaring a tie or no contest game .

(4) Holy Thursday and Good Friday. (Rep. Act No. 946) (f) Bettor — A person who participates in cockfights and
with the use of money or other things o f value , bets
with other bettors or through the bet taker or promoter
and wins o r lose s his bet depending upon the result of
Art. 199: Illegal Cockfighting
the cockfight as announce d b y the Referee or
Penalty: arresto menor and a fine not exceeding 200php Sentenciador . He ma y b e the owner of fighting cock .
or both
Sec. 5—Cockpits and Cockfighting in General
1. Participants and organizers of cockfights on days
(d) Holding cockfights—
not permitted by law
2. Participants and organizers of cockfights on Only in licensed cockpits during: Sundays, legal holidays,
places other than a licensed cockpit fiestas not exceeding 3 days, in provincial, city, or
municipal agriculture, commercial, or industrial fair,
carnival, or exposition (3 days by resolution of the
COCKFIGHTING LAW OF 1974 province, city, or municipality)

(Presidential Decree No. 449) Provided: no cockfighting during a fair, carnival or

exposition in the same month as a local fiesta; or to take
Sec. 4—Terms
place more than 2 times in the same city or municipality
(a) Cockfighting — shall embrac e an d mean the
Provided further: No cockfight during: Dec. 30, June 12,
commonly known game or term "cockfighting derby ,
Nov. 30, Holy Thursday, Good Friday, Election or
pintakasi or tupada, " or its equivalent terms in different
Referendum Day and during registration days for the
Philippine localities.
same
(b) Zoning Law or Ordinance — Either or bot h national
(e) Cockfighting for entertainment of tourists or for
or local city or municipal legislation which logically
charitable purposes—
arranges , prescribes , defines and apportions a given
political subdivisions into specific land uses as present Once a year (3 day span) privilege; provincial board
and future projection of needs warrant . resolutions subject to the authorization of the Office of
the President for provinces, cities, or municipalities
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For the entertainment of foreign dignitaries, tourists, or 4. That the act or acts complained of be committed in a
“balikbayan” public place or within the public knowledge or view.

Sec. 8—Penal Provisions

Prision correccional in its maximum period and a fine of "Shall offend against decency or good customs."—
2000php, and subsidiary imprisonment (insolvency)
The word "decency" means propriety of conduct; proper
If offender is the financier, owner, manager, operator, observance of the requirements of modesty, good taste,
gaffer, referee or bet taker; or if offender allows other etc.
kinds of gambling in the cockpit.
The word "customs" means established usage, social
Prision correccional and a fine between 600-2000+ or conventions carried on by tradition and enforced by
both and subsidiary imprisonment for other offenders social disapproval of any violation thereof.

Sec. 9—Repealing Clause Grave scandal, defined—

Sec. 10—Date of Effectivity Grave scandal "consists of acts which are offensive to
decency and good customs which, having been
Spectators in a cockfight are not liable.—
committed publicly, have given rise to public scandal to
persons who have accidentally witnessed the same.

When the acts were performed in a private house and

seen by one person, the crime was not committed—
People vs. Cantajay

Chapter 2: Offenses against decency and good customs

1. Grave scandal. (Art. 200) Art. 201: Immoral doctrines, obscene publications and
2. Immoral doctrines, obscene publications and exhibitions, and indecent shows
exhibitions. (Art. 201) Penalty: prision mayor or a fine between 6,000-
3. Vagrancy and prostitution. (Art. 202) 12,000php

Prohibited acts:

Art. 200: Grave scandal 1. Publicly expounding or proclaiming doctrine

contrary to public morals
Penalty: arresto mayor and public censure 2. Obscene literature: authors, editors, and
Elements: owners/operators of establishments selling the
same
1. That the offender performs an act or acts. 3. Exhibit indecent or immoral plays, scenes, acts,
or shows that: glorify criminals or condone
2. That such act or acts be highly scandalous as
crimes; satisfy market of violence, lust, or
offending against decency or good customs.
pornography; offend any race or religion; tend
3. That the highly scandalous conduct is not expressly to abet traffic in the use of prohibited drugs;
falling within any other article of this Code. contrary to law, public order, morals, good

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 customs, established polices, lawful orders, The moment, however, they carry their private rights
decrees and edicts and privileges to public scrutiny, they expose themselves
4. Selling or giving away exhibit films, prints, to the judgment of the public conscience — in which the
engravings, sculptures, or literature which are law may intervene.
offensive to morals
Mere possession of obscene materials is not punishable.
Publicity is essential.— — Fernando vs. CA

Publicly expounding or proclaiming "doctrines openly The words "give away" in paragraph 3 of Art. 201 should
contrary to public morals."— read "distribute."—

The word "moral" implies conformity with the generally People vs. Tempongko- Hence, giving indecent literature
accepted standards of goodness or Tightness in conduct to one person only is not a violation of Art. 201
or character, sometimes, specifically, to sexual conduct
People vs. Lieuden- The term "give away" necessarily
The author of obscene literature is liable only when it is includes the act of exhibiting obscene pictures or
published with his knowledge.— literature, because when one gives away obscene
pictures or literature, he has the intention and purpose
US vs. Kottinger- The word "obscene" means something
of exhibiting or showing the same to the recipient
offensive to chastity, decency or delicacy
Pictures with slight degree of obscenity, not used for
The test of obscenity—
art's sake but for commercial purposes, fall under this
US vs. Kottinger- The test is whether the tendency of the article.—People vs. Go Pin
matter charged as obscene, is to deprave or corrupt
Purpose of the law in punishing obscene publications
those whose minds are open to such immoral
and exhibition—People vs. Aparici
influences, and into whose hands such a publication
may fall and also whether or not such publication or act The object of the law is to protect the morals of the
shocks the ordinary and common sense of men as an public
indecency.
Disposition of prohibited articles.—Sec. 2 RA 969
People vs. Aparici- The reaction of the public… should
a. Upon conviction of the offender — to be forfeited in
be made the gauge in the determination whether her
favor of the government to be destroyed.
dancing or exhibition was indecent or immoral.
b. Where the criminal case against the violator of the
decree results in an acquittal — to be forfeited in favor
Mere nudity in pictures or paintings, not an obscenity— of the government to be destroyed, after forfeiture
People vs. Serrano proceedings conducted by the Chief of Constabulary.

As regards such pictures, the proper test is whether the c. The person aggrieved by the forfeiture action of the
motive of the picture, as indicated by it, is pure or Chief of Constabulary may, within fifteen (15) days after
impure; or whether it is naturally calculated to excite his receipt of a copy of the decision, appeal the matter
impure imaginations. to the Secretary of National Defense for review. The
decision of the Secretary of National Defense shall be
Indecent photograph and literature published in
final and unappealable.
newspaper.— People vs. Sarte III
Additional penalties.— Sec. 4 PD 969
But when it appears that such publication is designed to
stir the imagination and suggest a mental picture not to If offender is a government official or employee: penalty
promote but rather to debase such sensibilities, the in its maximum period, with accessory penalties
publication has ceased to be decent. provided by the Revised Penal Code

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Obscene publications and indecent shows under as vagrants and prostitutes under Sec. 202 of the
Republic Act No. 7610.— Revised Penal Code

Penalty: prision mayor in its medium period Of mendicancy under PD No. 1563

[includes ascendants, guardians, or persons entrusted of Sniffing rugby under PD 1619

the child who allows his participation]
Only paragraphs 1 and 2 of Art. 202 require absence of
Maximum period (if performer, or seller/distributor is visible means of support—
below 12 years of age)
"Apparent means of subsistence" and "visible means of
support," construed.— US vs. Molina

Art. 202: Vagrants and prostitutes support given by his mother is not the "visible means of
support" or "apparent means of subsistence"
Penalty: arresto menor and a fine not exceeding
contemplated by the law.
200php;
Loitering around saloons and gambling houses is
arresto mayor in its medium period to prision
vagrancy only when there is evidence of absence of
correcional in its minimum period or a fine between
visible means of support.— US vs. Hart
200-2000php or both (recidivism)
Mendicancy and abetting mendicancy are punished—PD
No. 1563 Mendicancy Law
Vagrants:
Persons physically able to work without means of
1. Any person having no apparent means of support or employment, and uses begging as a means of
subsistence who has the physical ability to work living is a mendicant
and who neglects to apply himself or herself to
Penalty: fine not exceeding 500php, or imprisonment
a lawful calling
not exceeding 2 years or both
2. Any person found loitering about public or semi-
public buildings or places or tramping or Fine not exceeding 1000php or by imprisonment not
wandering about the country or the streets exceeding 4 years, or both (convicted 2 or more times)
without visible means of support
Fine not exceeding 20php (for persons abetting
3. Any idle or dissolute person who lodges in
mendicancy i.e. giving alms)
houses of ill-fame; ruffians or pimps and those
who habitually associate with prostitutes A vagrant without visible means of support may become
4. Any person not being included in the provisions a mendicant if he uses begging as a means of living.
of other articles of the code, shall be found
loitering in a inhabited or uninhabited place rants under paragraph 3 of Art. 202—
belong to another without any lawful or (1) an idle or dissolute person who lodges in houses of
justifiable purpose ill-fame;
5. 5. Prostitutes- women who for money or profit,
habitually indulge in sexual intercourse or (2) ruffian or pimp; or
lascivious conduct (3) one who habitually associates with prostitutes
Article 202 not applicable to minors.— Sec. 58 RA 9344 The word "dissolute" means lax, unrestrained, immoral.
Juvenile Justice and Welfare Act and the UN Convention
on the Rights of the Child People vs. Mirabien- A maintainer of a house of
prostitution may be considered a vagrant
Persons below 18:
Ruffians are brutal, violent, lawless persons.

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US vs. Cruz- A pimp is one who provides gratification for (e) To maintain or hire a person to engage in prostitution
the lust of others. or pornography;

(f) To adopt or facilitate the adoption of persons for the

purpose of prostitution, pornography, sexual
RA No. 9208: The Anti-Trafficking in Persons Act of 2003
exploitation, forced-labor, slavery, involuntary servitude
Trafficking in Persons— or debt bondage;

"Trafficking in Persons" refers to the recruitment, (g) To recruit, hire, adopt, transport or abduct a person,
transportation, transfer or harboring, or receipt of by means of threat or use of force, fraud, deceit,
persons with or without the victim's consent or violence, coercion, or intimidation for the purpose of
knowledge, within or across national borders… or, the removal or sale of organs of said person;
giving or receiving of payments or benefits to achieve
(h) To recruit, transport or adopt a child to engage in
the consent of a person having control over another
armed activities in the Philippines or abroad.
person for the purpose of exploitation which includes at
a minimum, the exploitation or the prostitution of Acts that Promote Trafficking in Persons— Sec. 5
others or other forms of sexual exploitation, forced
(a) To knowingly lease or sublease, use or allow to be
labor or services, slavery, servitude or the removal or
used any house, building or establishment for the
sale of organs.
purpose of promoting trafficking in persons;
The recruitment, transportation, transfer, harboring or
(b) To produce, print and issue or distribute unissued,
receipt of a child for the purpose of exploitation
tampered of fake counseling certificates, registration
Acts of Trafficking in Persons— Sec. 4 stickers and certificates of any government agency
which issues these certificates and stickers as proof of
(a) To recruit, transport, transfer, harbor, provide, or
compliance with government regulatory and pre-
receive a person by any means, including those done
departure requirement for the purpose of promoting
under the pretext of domestic or overseas employment
trafficking in persons;
or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced (c) To advertise, publish, print, broadcast or distribute,
labor, slavery, involuntary servitude or debt bondage; or cause the advertisement, publication, printing,
broadcasting or distribution by any moans, including the
(b) To introduce or match for money, profit, or material,
use of information technology and the internet, of any
economic or other consideration, any person or, as
brochure, flyer, or any propaganda material that
provided for under Republic Act No. 6955, any Filipino
promotes trafficking in persons;
woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading (d) To assist in the conduct of misrepresentation or
him/her to engage in prostitution, pornography, sexual fraud for purposes of facilitating the acquisition of
exploitation, forced labor, slavery, involuntary servitude clearances and necessary exit documents from
or debt bondage; government agencies that are mandated to provide pre-
departure registration and services for departing
(c) To offer or contract marriage, real or simulated, for
persons for the purpose of promoting trafficking in
the purpose of acquiring, buying, offering, selling, or
persons;
trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary (e) To facilitate, assist or help in the exit and entry of
servitude or debt bondage. persons from/ to the country at international and local
airports, territorial boundaries and seaports who are in
(d) To undertake or organize tours and travel plans
possession of unissued, tampered or fraudulent travel
consisting of tourism packages or activities for the
documents for the purpose of promoting trafficking in
purpose of utilizing and offering persons for
persons;
prostitution, pornography or sexual exploitation;
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(f) To confiscate, conceal, or destroy the passport, travel person, the parents, spouse, siblings, children or legal
documents, or personal documents or belongings of guardian may file a complaint for trafficking
trafficked persons in furtherance of trafficking or to
Penalties and Sanctions—
prevent them from leaving the country or seeking
redress from the government or appropriate agencies; Committing acts in Sec. 4: The penalty of imprisonment
of twenty (20) years and a fine of not less than One
(g) To knowingly benefit from, financial or otherwise, or
million pesos (PI ,000,000.00) but not more than Two
make use of, the labor or services of a person held to a
million pesos (P2,000,000.00)
condition of involuntary servitude, forced labor, or
slavery. Committing acts in Sec. 5: imprisonment of fifteen (15)
years and a fine of not less than Five hundred thousand
Qualified Trafficking in Persons— Sec. 6
pesos (P500,000.00) but not more than One million
(a) When the trafficked person is a child; pesos (P1,000,000.00);

(b) When the adoption is effected through Republic Act Committing acts in Sec. 6: life imprisonment and a fine
No. 8043, otherwise known as the "Inter-Country of not less than Two million (P2,000,000.00) but not
Adoption Act of 1995" and said adoption is for the more than five million pesos (P5,000,000.00);
purpose of prostitution, pornography, sexual
Violation of Sec. 7: the penalty of imprisonment of six
exploitation, forced labor, slavery, involuntary servitude
(6) years and a fine of not less than Five hundred
or debt bondage;
thousand pesos (P500,000.00) but not more than One
(c) When the crime is committed by a syndicate, or in million pesos (P1,000,000.00);
large scale. Trafficking is deemed committed by a
If offender is a juridical person: the penalty shall be
syndicate if carried out by a group of three (3) or more
imposed upon the owner, president, partner, manager,
persons conspiring or confederating with another. It is
and/or any responsible officer who participated in the
deemed committed in large scale if committed against
commission of the crime or who shall have knowingly
three (3) or more persons, individually or as a group;
permitted or failed to prevent its commission
(d) When the offender is an ascendant, parent, sibling,
Registration with the Securities and Exchange
guardian or a person who exercises authority over the
Commission cancelled and revoked permanently; The
trafficked person or when the offense is committed by a
owner, president, partner or manager thereof shall not
public officer or employee;
be allowed to operate similar establishment in a
(e) When the trafficked person is recruited to engage in different name
prostitution with any member of the military or law
Offender is a foreigner: he shall be immediately
enforcement agencies;
deported after serving his sentence and be barred
(f) When the offender is a member of the military or law permanently from entering the country
enforcement agencies; and
Offender is a government official or employees in charge
(g) When by reason or on occasion of the act of of issuing relevant documents or licenses (e.g., marriage
trafficking in persons the offended party dies, becomes certificates, passport, travel exit clearances) who fails to
insane, suffers mutilation or is afflicted with Human observe the prescribed procedures: administrative and
Immunodeficiency Virus (HIV) or the Acquired Immune criminal liability under this Act; dismissal; permanent
Deficiency Syndrome (AIDS). disqualification from holding any public office; forfeiture
of retirement and other benefits
Prosecution of Cases—Sec. 8
Recission of decree of adoption
Any person who has personal knowledge of the
commission of any offense under this Act, the trafficked

Use of Trafficked Persons— Sec. 11

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Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as
follows:

(a) First offense — six (6) months of community service

as may be determined by the court and a fine of Fifty
thousand pesos (P50,000.00);

(b) Second and subsequent offenses — imprisonment of

one (1) year and a fine of One hundred thousand pesos
(P100,000.00).

Prescriptive Period— Sec. 12

10 years

20 years (if trafficking case is committing by a syndicate

or in large scale)

Commences from release of the victim; to be

interrupted by the filing of a complaint or information.

Period to run again from termination of the proceedings

(except in conviction or acquittal of the accused), or
when it unjustifiably stops for any reason not imputable
to the accused.

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