Republic of the Philippines (c) Antique firearm refers to any: (1) firearm which was manufactured at
CONGRESS OF THE PHILIPPINES least seventy-five (75) years prior to the current date but not including
Metro Manila
Fifteenth Congress
Third Regular Session
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1. Short Title. This Act shall be known as the "Comprehensive Firearms
and Ammunition Regulation Act".
Section 2. Declaration of State Policy. It is the policy of the State to maintain peace
and order and protect the people against violence. The State also recognizes the right
of its qualified citizens to self-defense through, when it is the reasonable means to
repel the unlawful aggression under the circumstances, the use of firearms. Towards
this end, the State shall provide for a comprehensive law regulating the ownership,
possession, carrying, manufacture, dealing in and importation of firearms,
ammunition, or parts thereof, in order to provide legal support to law enforcement
agencies in their campaign against crime, stop the proliferation of illegal firearms or
weapons and the illegal manufacture of firearms or weapons, ammunition and parts
thereof.
Section 3. Definition of Terms. As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase
the operational efficiency or accuracy of a firearm but will not constitute any
of the major or minor internal parts thereof such as, hut not limited to, laser
scope, telescopic sight and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet,
gunpowder, cartridge case and primer or loaded shell for use in any firearm.
replicas; (2) firearm which is certified by the National Museum of the
Philippines to be curio or relic of museum interest; and (3) any other firearm
which derives a substantial part of its monetary value from the fact that it is
novel, rare, bizarre or because of its association with some historical figure,
period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery,
movement or transfer of firearms, their parts and components and
ammunition, from or across the territory of one country to that of another
country which has not been authorized in accordance with domestic law in
either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the
Philippine National Police (PNP) authorizing the importation of firearms, or
their parts, ammunition and other components.
(f) Authorized dealer refers to any person, legal entity, corporation,
partnership or business entity duly licensed by the Firearms and Explosive
Office (FEO) of the PNP to engage in the business of buying and selling
ammunition, firearms or parte thereof, at wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity, corporation,
partnership or business duly licensed by the FEO of the PNP to engage in
the business of importing ammunition and firearms, or parts thereof into the
territory of the Republic of the Philippines for purposes of sale or distribution
under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation,
or partnership duly licensed by the FEO of the PNP to engage in the
business of manufacturing firearms, and ammunition or parts thereof for
purposes of sale or distribution.1wphi1
(i) Confiscated firearm refers to a firearm that is taken into custody by the
PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law enforcement agencies by reason of their
mandate and must be necessarily reported or turned over to the PEO of the
PNP.
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(j) Demilitarized firearm refers to a firearm deliberately made incapable of
performing its main purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or
employer wherein the details of the disposition of firearm is spelled-out, thus
indicating the name of the employee, the firearm information, the specific
duration and location of posting or assignment and the authorized bonded
firearm custodian for the juridical entity to whom such firearm is turned over
after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm
or light weapon, that expels or is designed to expel a bullet, shot, slug,
missile or any projectile, which is discharged by means of expansive force
of gases from burning gunpowder or other form of combustion or any similar
instrument or implement. For purposes of this Act, the barrel, frame or
receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the
compilation of all data and information on firearms ownership and
disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason
of court order as accessory penalty or for the disposition by the FEO of the
PNP of firearms considered as abandoned, surrendered, confiscated or
revoked in compliance with existing rules and regulations.
(o) Gun club refers to an organization duly registered with and accredited
in good standing by the FEO of the PNP which is established for the
purpose of propagating responsible and safe gun ownership, proper
appreciation and use of firearms by its members, for the purpose of sports
and shooting competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP to engage in the business of
repairing firearms and other weapons or constructing or assembling
firearms and weapons from finished or manufactured parts thereof on a per
order basis and not in commercial quantities or of making minor parts for
the purpose of repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is
so substantially similar in coloration and overall appearance to an existing
firearm as to lead a reasonable person to believe that such imitation firearm
is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the
qualifications set forth in this Act and duly issued with a license to possess
or to carry firearms outside of the residence in accordance with this Act.
(s) Licensed, juridical entity refers to corporations, organizations,
businesses including security agencies and local government units (LGUs)
which are licensed to own and possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading
pistols, rifles and carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62MM which have fully automatic
mode; and Class-B Light weapons which refer to weapons designed for use
by two (2) or more persons serving as a crew, or rifles and machine guns
exceeding caliber 7.62MM such as heavy machine guns, handheld
underbarrel and mounted grenade launchers, portable anti-aircraft guns,
portable anti-tank guns, recoilless rifles, portable launchers of anti-tank
missile and rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to government
agencies or offices or government-owned or -controlled corporations for
firearms to be used by their officials and employees who are qualified to
possess firearms as provider in this Act, excluding security guards.
(v) Loose firearm refers to an unregistered firearm, an obliterated or altered
firearm, firearm which has been lost or stolen, illegally manufactured
firearms, registered firearms in the possession of an individual other than
the licensee and those with revoked licenses in accordance with the rules
and regulations.
(w) Major part or components of a firearm refers to the barrel, slide, frame,
receiver, cylinder or the bolt assembly. The term also includes any part or
kit designed and intended for use in converting a semi-automatic burst to a
full automatic firearm.
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(x) Minor parts of a firearm refers to the parts of the firearm other than the
major parts which are necessary to effect and complete the action of
expelling a projectile by way of combustion, except those classified as
accessories.
(y) Permit to carry firearm outside of residence refers to a written authority
issued to a licensed citizen by the Chief of the PNP which entitles such
person to carry his/her registered or lawfully issued firearm outside of the
residence for the duration and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a
licensed citizen or entity by the Chief of the PNP or by a PNP Regional
Director which entitles such person or entity to transport a particular firearm
from and to a specific location within the duration and purpose in the
authority.
(aa) Residence refers to the place or places of abode of the licensed citizen
as indicated in his/her license.
(bb) Shooting range refers to a facility established for the purpose of
firearms training and skills development, firearm testing, as well as for
sports and competition shooting either for the exclusive use of its members
or open to the general public, duly registered with and accredited in good
standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO
of the PNP for a government official or employee who was issued by his/her
employer department, agency or government-owned or -controlled
corporation a firearm covered by the long certificate of registration.
(dd) Small arms refer to firearms intended to be or primarily designed for
individual use or that which is generally considered to mean a weapon
intended to be fired from the hand or shoulder, which are not capable of
fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand,
which includes:
(i) A pistol which is a hand-operated firearm having a
chamber integral with or permanently aligned with the
bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a
revolving cylinder containing chambers for individual
cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from
the shoulder that can discharge a bullet through a rifled barrel by
different actions of loading, which may be classified as lever, bolt,
or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to
fire a number of ball shots or a single projectile through a smooth
bore by the action or energy from burning gunpowder.
(ee) Sports shooting competition refers to a defensive, precision or practical
sport shooting competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose
serial number or other identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered without authority or in
order to conceal its source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal
imaging device which amplifies available thermal signatures so that the
viewed scene becomes clear to the operator which is used to locate and
engage targets during daylight and from low light to total darkness and
operates in adverse conditions such as light rain, light snow, and dry smoke
or in conjunction with other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own
and Possess Firearms. In order to qualify and acquire a license to own and possess
a firearm or firearms and ammunition, the applicant must be a Filipino citizen, at least
twenty-one (21) years old and has gainful work, occupation or business or has filed
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an Income Tax Return (ITR) for the preceding year as proof of income, profession,
business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:
(a) The applicant has not been convicted of any crime involving moral
turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-
accredited psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered
by the PNP or a registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered
firearm which shall state the personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or
municipality police office; and
(g) The applicant has not been convicted or is currently an accused in a
pending criminal case before any court of law for a crime that is punishable
with a penalty of more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before
the courts of law shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit
his/her duty detail order to the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. A juridical
person maintaining its own security force may be issued a regular license to own and
possess firearms and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and
Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the
SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the
Bureau of Internal Revenue.
The application shall be made in the name of the juridical person represented by its
President or any of its officers mentioned below as duly authorized in a board
resolution to that effect: Provided, That the officer applying for the juridical entity, shall
possess all the qualifications required of a citizen applying for a license to possess
firearms.
Other corporate officers eligible to represent the juridical person are: the vice
president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but
shall be subject to additional requirements as may be required by the Chief of the
PNP.
Section 6. Ownership of Firearms by the National Government. All firearms owned
by the National Government shall be registered with the FEO of the PNP in the name
of the Republic of the Philippines. Such registration shall be exempt from all duties
and taxes that may otherwise be levied on other authorized owners of firearms. For
reason of national security, firearms of the Armed Forces of the Philippines (AFP),
Coast Guard and other law enforcement agencies shall only be reported to the FEO
of the PNP.
Section 7. Carrying of Firearms Outside of Residence or Place of Business. A
permit to carry firearms outside of residence shall be issued by the Chief of the PNP
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or his/her duly authorized representative to any qualified person whose life is under
actual threat or his/her life is in imminent danger due to the nature of his/her
profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under actual threat
by submitting a threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent
danger due to the nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are
exposed to high risk of being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. The Chief of the PNP, through the FEO of
the PNP, shall issue licenses to qualified individuals and to cause the registration of
firearms.
Section 9. Licenses Issued to Individuals. Subject to the requirements set forth in
this Act and payment of required fees to be determined by the Chief of the PNP, a
qualified individual may be issued the appropriate license under the following
categories;
Type 1 license allows a citizen to own and possess a maximum of two (2)
registered firearms;
Type 2 license allows a citizen to own and possess a maximum of five (5)
registered firearms;
Type 3 license allows a citizen to own and possess a maximum of ten
(10) registered firearms;
Type 4 license allows a citizen to own and possess a maximum of fifteen
(15) registered firearms; and
Type 5 license allows a citizen, who is a certified gun collector, to own
and possess more than fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other
security measures for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.
Section 10. Firearms That May Be Registered. Only small arms may be registered
by licensed citizens or licensed juridical entities for ownership, possession and
concealed carry. A light weapon shall be lawfully acquired or possessed exclusively
by the AFP, the PNP and other law enforcement agencies authorized by the President
in the performance of their duties: Provided, That private individuals who already
have licenses to possess Class-A light weapons upon the effectivity of this Act shall
not be deprived of the privilege to continue possessing the same and renewing the
licenses therefor, for the sole reason that these firearms are Class "A" light weapons,
and shall be required to comply with other applicable provisions of this Act.
Section 11. Registration of Firearms. The licensed citizen or licensed juridical entity
shall register his/her/its firearms so purchased with the FEO of the PNP in accordance
with the type of license such licensed citizen or licensed juridical entity possesses. A
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certificate of registration of the firearm shall be issued upon payment of reasonable
fees.
For purposes of this Act, registration refers to the application, approval, record-
keeping and monitoring of firearms with the FEO of the PNP in accordance with the
type of license issued to any person under Section 9 of this Act.
Section 12. License to Possess Ammunition Necessarily Included. The licenses
granted to qualified citizens or juridical entities as provided in Section 9 of this Act
shall include the license to possess ammunition with a maximum of fifty (50) rounds
for each registered firearm: Provided; That the FEO of the PNP may allow more
ammunition to be possessed by licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In Firearms and
Ammunition. Any person desiring to manufacture or deal in firearms, parts of
firearms or ammunition thereof, or instruments and implements used or intended to
be used in the manufacture of firearms, parts of firearms or ammunition, shall make
an application to:
(a) The Secretary of the Department of the Interior and Local Government
(DILG) in the case of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and
firearms parts, ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by such applicant; and
the types of firms, ammunition or implements which the applicant intends to
manufacture or purchase and sell under the license applied for; and such additional
information as may be especially requested by the Secretary of the DILG or the Chief
of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the Secretary
of the DILG or the Chief of the PNP shall indicate the amount of the bond to be
executed by the applicant before the issuance of the license and the period of time
by which said license shall be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the
Secretary of the DILG or the Chief of the PNP as the case may be, the same shall be
transmitted to the FEO of the PNP which shall issue the license in accordance with
the approved terms and conditions, upon the execution and delivery by the applicant
of the required bond conditioned upon the faithful compliance on the part of the
licensee to the laws and regulations relative to the business licensed.
Section 14. Scope of License to Manufacture Firearms and Ammunition. The scope
of the License to Manufacture firearms and ammunition shall also include the
following:
(a) The authority to manufacture and assemble firearms, ammunition, spare
parts and accessories, ammunition components, and reloading of
ammunitions, within sites, areas, and factories stated therein. The
Secretary of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to
Manufacture, such as parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories
necessary for the firearms which the manufacturer is licensed to
manufacture: Provided, That the subcontractor of major parts or major
components is also licensed to manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and
ammunition components for the manufacture thereof. Firearm parts and
ammunition components to be imported shall, however, be limited to those
authorized to be manufactured as reflected in the approved License to
Manufacture. The Import Permit shall be under the administration of the
PNP.
A licensed manufacturer of ammunition is also entitled to import various reference
firearms needed to test the ammunition manufactured under the License to
Manufacture. A licensed manufacturer of firearms, on the other hand, is entitled to
import various firearms for reference, test and evaluation for manufacture of similar,
types of firearms covered by the License to Manufacture.
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An export permit shall, however, be necessary to export manufactured parts or
finished products of firearms and ammunition. The Export Permit of firearms and
ammunition shall be under the administration of the PNP.
Section 15. Registration of Locally Manufactured and Imported Firearms. Local
manufacturers and importers of firearms and major parts thereof shall register the
same as follows:
(a) For locally manufactured firearms and major parts thereof, the initial
registration shall be done at the manufacturing facility: Provided, That
firearms intended for export shall no longer be subjected to ballistic
identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be
done upon arrival at the FEO of the PNP storage facility.
Section 16. License and Scope of License to Deal. The License to Deal authorizes
the purchase, sale and general business in handling firearms and ammunition, major
and minor parts of firearms, accessories, spare parts, components, and reloading
machines, which shall be issued by the Chief of the PNP.
Section 17. License and Scope of License for Gunsmiths. The license for
gunsmiths shall allow the grantee to repair registered firearms. The license shall
include customization of firearms from finished or manufactured parts thereof on per
order basis and not in commercial quantities and making the minor parts thereof, i.e.
pins, triggers, trigger bows, sights and the like only for the purpose of repairing the
registered firearm. The license for gunsmiths shall be issued by the Chief of the PNP.
Section 18. Firearms for Use in Sports and Competitions. A qualified individual
shall apply for a permit to transport his/her registered firearm/s from his/her residence
to the firing range/s and competition sites as may be warranted.
Section 19. Renewal of Licenses and Registration. All types of licenses to possess
a firearm shall be renewed every two (2) years. Failure to renew the license on or
before the date of its expiration shall cause the revocation of the license and of the
registration of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew
the registration of the firearm on or before the date of expiration shall cause the
revocation of the license of the firearm. The said firearm shall be confiscated or
forfeited in favor of the government after due process.
The failure to renew a license or registration within the periods stated above on two
(2) occasions shall cause the holder of the firearm to be perpetually disqualified from
applying for any firearm license. The application for the renewal of the license or
registration may be submitted to the FEO of the PNP, within six (6) months before the
date of the expiration of such license or registration.
Section 20. Inspection and Inventory. The Chief of the PNP or his/her authorized
representative shall require the submission of reports, inspect or examine the
inventory and records of a licensed manufacturer, dealer or importer of firearms and
ammunition during reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND
ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition.
Firearms and ammunition may only be acquired or purchased from authorized
dealers, importers or local manufacturers and may be transferred or sold only from a
licensed citizen or licensed juridical entity to another licensed citizen or licensed
juridical entity: Provided, That, during election periods, the sale and registration of
firearms and ammunition and the issuance of the corresponding licenses to citizens
shall be allowed on the condition that the transport or delivery thereof shall strictly
comply with the issuances, resolutions, rules and regulations promulgated by the
Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving From Abroad. A person
arriving in the Philippines who is legally in possession of any firearm or ammunition
in his/her country of origin and who has declared the existence of the firearm upon
embarkation and disembarkation but whose firearm is not registered in the Philippines
in accordance with this Act shall deposit the same upon written receipt with the
Collector of Customs for delivery to the FEO of the PNP for safekeeping, or for the
issuance of a permit to transport if the person is a competitor in a sports shooting
competition. If the importation of the same is allowed and the party in question desires
to obtain a domestic firearm license, the same should be undertaken in accordance
with the provisions of this Act. If no license is desired or leave to import is not granted,
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the firearm or ammunition in question shall remain in the custody of the FEO of the
PNP until otherwise disposed of in-accordance with law.
Section 23. Return of Firearms to Owner upon Departure from the Philippines.
Upon the departure from the Philippines of any person whose firearm or ammunition
is in the custody of the FEO of the PNP, the same shall, upon timely request, be
delivered to the person through the Collector of Customs. In the case of a participant
in a local sports shooting competition, the firearm must be presented to the Collector
of Customs before the same is allowed to be loaded on board the carrier on which
the person is to board.
Section 24. Safekeeping of Firearms and Ammunition. Any licensee may deposit a
registered firearm to the FEO of the PNP, or any Police Regional Office for
safekeeping. Reasonable fees for storage shall be imposed.
Section 25. Abandoned Firearms and Ammunition. Any firearm or ammunition
deposited in the custody of the FEO of the PNP pursuant to the provisions of this Act,
shall be deemed to have been abandoned by the owner or his/her authorized
representative if he/she failed to reclaim the same within five (5) years or failed to
advise the FEO of the PNP of the disposition to be made thereof. Thereafter, the FEO
of the PNP may dispose of the same after compliance with established procedures.
Section 26. Death or Disability of Licensee. Upon the death or legal disability of the
holder of a firearm license, it shall be the duty of his/her next of kin, nearest relative,
legal representative, or other person who shall knowingly come into possession of
such firearm or ammunition, to deliver the same to the FEO of the PNP or Police
Regional Office, and such firearm or ammunition shall be retained by the police
custodian pending the issuance of a license and its registration in accordance, with
this Act. The failure to deliver the firearm or ammunition within six (6) months after
the death or legal disability of the licensee shall render the possessor liable for illegal
possession of the firearm.
Section 27. Antique Firearm. Any person who possesses an antique firearm shall
register the same and secure a collectors license from the FEO of the PNP. Proper
storage of antique firearm shall be strictly imposed. Noncompliance of this provision
shall be considered as illegal possession of the firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. The
unlawful acquisition, possession of firearms and ammunition shall be penalized as
follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be
imposed if three (3) or more small arms or Class-A light weapons are
unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a Class-A light
weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person
who shall, unlawfully acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs
(a) to (c) in this section shall be imposed upon any person who shall
unlawfully possess any firearm under any or combination of the following
conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the
shooter to hit the target such as thermal weapon sight (TWS) and
the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or
firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
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 (f) The penalty of prision mayor in its minimum period shall be imposed
upon any person who shall unlawfully acquire or possess a major part of a
small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed
upon any person who shall unlawfully acquire or possess ammunition for a
small arm or Class-A light weapon. If the violation of this paragraph is
committed by the same person charged with the unlawful acquisition or
possession of a small arm, the former violation shall be absorbed by the
latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess a major part of a Class-
A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess ammunition for a Class-
A light weapon. If the violation of this paragraph is committed by the same
person charged with the unlawful acquisition or possession of a Class-A
light weapon, the former violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a major part of a
Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess ammunition for a
Class-B light weapon. If the violation of this paragraph is committed by the
same person charged with the unlawful acquisition or possession of a
Class-B light weapon, the former violation shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a Crime. The use of a loose
firearm, when inherent in the commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered as an aggravating
circumstance: Provided, That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is lower than that prescribed in
the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty which is equal to that imposed under
the preceding section for illegal possession of firearms, the penalty of prision mayor in
its minimum period shall be imposed in addition to the penalty for the crime punishable
under the Revised Penal Code or other special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d etat, such violation shall be
absorbed as an element of the crime of rebellion or insurrection, or attempted coup
d etat.
If the crime is committed by the person without using the loose firearm, the violation
of this Act shall be considered as a distinct and separate offense.
Section 30. Liability of Juridical Person. The penalty of prision mayor in its
minimum to prision mayor in its medium period shall be imposed upon the owner,
president, manager, director or other responsible officer of/any public or private firm,
company, corporation or entity who shall willfully or knowingly allow any of the
firearms owned by such firm, company, corporation or entity to be used by any person
or persons found guilty of violating the provisions of the preceding section, or willfully
or knowingly allow any of them to use unregistered firearm or firearms without any
legal authority to be carried outside of their residence in the course of their
employment.
Section 31. Absence of Permit to Carry Outside of Residence. The penalty
of prision correccional and a fine of Ten thousand pesos (P10,000.00) shall be
imposed upon any person who is licensed to own a firearm but who shall carry the
registered firearm outside his/her residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or
Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be
Used in the Manufacture of Firearms, Ammunition or Parts Thereof. The penalty
of reclusion temporal to reclusion perpetua shall be imposed upon any person who
shall unlawfully engage in the manufacture, importation, sale or disposition of a
firearm or ammunition, or a major part of a firearm or ammunition, or machinery, tool
or instrument used or intended to be used by the same person in the manufacture of
a firearm, ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in the manufacture
of firearms, ammunition, or major parts thereof by any person whose business,
9|Page
employment or activity does not lawfully deal with the possession of such article, shall
be prima facie evidence that such article is intended to be used in the unlawful or
illegal manufacture of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium
period shall be imposed upon any laborer, worker or employee of a licensed firearms
dealer who shall unlawfully take, sell or otherwise dispose of parts of firearms or
ammunition which the company manufactures and sells, and other materials used by
the company in the manufacture or sale of firearms or ammunition. The buyer or
possessor of such stolen part or material, who is aware that such part or material was
stolen, shall suffer the same penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership, association or
other juridical entity, the penalty provided for in this section shall be imposed upon
the directors, officers, employees or other officials or persons therein who knowingly
and willingly participated in the unlawful act.
Section 33. Arms Smuggling. The penalty of reclusion perpetua shall be imposed
upon any person who shall engage or participate in arms smuggling as defined in this
Act.
Section 34. Tampering, Obliteration or Alteration of Firearms Identification. The
penalty of prision correccional to prision mayor in its minimum period shall be
imposed upon any person who shall tamper, obliterate or alter without authority the
barrel, slide, frame, receiver, cylinder, or bolt assembly, including the name of the
maker, model, or serial number of any firearm, or who shall replace without authority
the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its individual or
peculiar identifying characteristics essential in forensic examination of a firearm or
light weapon.
The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the
PNP Crime Laboratory for future use and identification of a particular firearm.
Section 35. Use of an Imitation Firearm. An imitation firearm used in the
commission of a crime shall be considered a real firearm as defined in this Act and
the person who committed the crime shall be punished in accordance with this
Act: Provided, That injuries caused on the occasion of the conduct of competitions,
sports, games, or any recreation activities involving imitation firearms shall not be
punishable under this Act.
Section 36. In Custodia Legis. During the pendency of any case filed in violation of
this Act, seized firearm, ammunition, or parts thereof, machinery, tools or instruments
shall remain in the custody of the court. If the court decides that it has no adequate
means to safely keep the same, the court shall issue an order to turn over to the PNP
Crime Laboratory such firearm, ammunition, or parts thereof, machinery, tools or
instruments in its custody during the pendency of the case and to produce the same
to the court when so ordered. No bond shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or instrument. Any violation of this
paragraph shall be punishable by prision mayor in its minimum period to prision
mayor in its medium period.
Section 37. Confiscation and Forfeiture. The imposition of penalty for any violation
of this Act shall carry with it the accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or instrument in favor of the
government which shall be disposed of in accordance with law.
Section 38. Liability for Planting Evidence. The penalty of prision mayor in its
maximum period shall be imposed upon any person who shall willfully and maliciously
insert; place, and/or attach, directly or indirectly, through any overt or covert act, any
firearm, or ammunition, or parts thereof in the person, house, effects, or in the
immediate vicinity of an innocent individual for the purpose of implicating or
incriminating the person, or imputing the commission of any violation of the provisions
of this Act to said individual. If the person found guilty under this paragraph is a public
officer or employee, such person shall suffer the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or Suspension of License or
Permit. The Chief of the PNP or his/her authorized representative may revoke,
cancel or suspend a license or permit on the following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of
major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the
penalty carries an imprisonment of more than six (6) years;
10 | P a g e
 (c) Loss of the firearm, ammunition, or any parts thereof through
negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of
residence or workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited
places;
(f) Dismissal for cause from the service in case of government official and
employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165,
otherwise known as the "Comprehensive Dangerous Drugs Act of 2002;
(h) Submission of falsified documents or misrepresentation in the
application to obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who
fails to report to the FEO of the PNP that the subject firearm has been lost or stolen
within a period of thirty (30) days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any
person holding a valid firearm license who changes residence or office address other
than that indicated in the license card and fails within a period of thirty (30) days from
said transfer to notify the FEO of the PNP of such change of address.
Section 41. Illegal Transfer/Registration of Firearms. It shall be unlawful to transfer
possession of any firearm to any person who has not yet obtained or secured the
necessary license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who shall
violate the provision of the preceding paragraph. In addition, he/she shall be
disqualified to apply for a license to possess other firearms and all his/her existing
firearms licenses whether for purposes of commerce or possession, shall be revoked.
If government-issued firearms, ammunition or major parts of firearms or light weapons
are unlawfully disposed, sold or transferred by any law enforcement agent or public
officer to private individuals, the penalty of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the registration of a
firearm through fraud, deceit, misrepresentation or submission of falsified documents
shall suffer the penalty of prision correccional.
ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. The FEO of the PNP shall be the sole repository
of all firearms records to include imported and locally manufactured firearms and
ammunition. Within one (1) year upon approval of this Act, all military and law
enforcement agencies, government agencies, LGUs and government-owned or -
controlled corporations shall submit an inventory of all their firearms and ammunition
to the PNP.
Section 43. Final Amnesty. Persons in possession of unregistered firearms and
holders of expired license or unregistered firearms shall register and renew the same
through the Final General Amnesty within six (6) months from the promulgation of the
implementing rules and regulations of this Act. During the interim period of six (6)
months, no person applying for license shall be charged of any delinquent payment
accruing to the firearm subject for registration. The PNP shall conduct an intensive
nationwide campaign to ensure that the general public is properly informed of the
provisions of this Act.
Section 44. Implementing Rules and Regulations. Within one hundred twenty (120)
days from the effectivity of this Act, the Chief of the PNP, after public hearings and
consultation with concerned sectors of society shall formulate the necessary rules
and regulations for the effective implementation of this Act to be published in at least
two (2) national newspapers of general circulation.
Section 45. Repealing Clause. This Act repeals Sections 1, 2, 5 and 7 of
Presidential Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294
and all other laws, executive orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are inconsistent herewith.
11 | P a g e
Section 46. Separability Clause. If any provision of this Act or any part hereof is REPUBLIC ACT NO. 10883, July 17, 2016
held invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting. AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE
PHILIPPINES
Section 47. Effectivity. This Act shall take effect after fifteen (15) days from its
publication in a newspaper of nationwide circulation.
Section 1. Short Title. This Act shall be known as the New Anti-Carnapping Act
Approved of 2016.

Sec. 2. Definition of Terms. As used in this Act:

(a) Body building refers to a job undertaken on a motor vehicle in order to replace its
entire body with a new body;

(b) Defacing or tampering with a serial number refers to the altering, changing,
erasing, replacing or scratching of the original factory inscribed serial number on the
motor vehicle engine, engine block or chassis of any motor vehicle.

Whenever any motor vehicle is found to have a serial number on its engine, engine
block or chassis which is different from that which is listed in the records of the Bureau
of Customs for motor vehicle imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered serial number;

(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a motor

vehicle;

(d) Identity transfer refers to the act of transferring the engine number, chassis
number, body tag number, plate number, and any other identifying marks of a motor
vehicle declared as total wreck" or is beyond economic repair by concerned car
insurance companies and/or law enforcement agencies after its involvement in a
vehicular accident or other incident and registers the same into another factory-made
body or vehicle unit, of the same classification, type, make or model;

(e) Motor vehicle refers to any vehicle propelled by any power other than muscular
power using the public highways, except road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes
if not used on public highways; vehicles which run only on rails or tracks; and tractors,
trailers and traction engines of all kinds used exclusively for agricultural
purposes. Trailers having any number of wheels, when propelled or intended to be

12 | P a g e
propelled by attachment to a motor vehicle, shall be classified as a separate motor
vehicle with no power rating;
(f) Overhauling refers to the cleaning or repairing of the whole engine of a motor
vehicle by separating the motor engine and its parts from the body of the motor
vehicle;
(g) Repainting refers to changing the color of a motor vehicle by means of painting.
There is painting whenever the new color of a motor vehicle is different from its color
registered in the Land Transportation Office (LTO);
(h) Remodeling refers to the introduction of some changes in the shape or form of the
body of the motor vehicle;
(i) Second hand spare parts refer to the parts taken from a carnapped vehicle used
in assembling another vehicle;
(j) Total wreck refers to the state or status of a motor vehicle after a vehicular accident
or other incident, so that it is rendered in operational and beyond economic repair due
to the extent of damage in its body, chassis and engine; and
(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a vehicle
plate issued by the LTO to a certain vehicle to another vehicle. It is presumed illegally
transferred when the motor vehicle plate does not correspond with that as appearing
in the certificate of registration of the motor vehicle to which it was issued.
Sec. 3. Carnapping; Penalties. Carnapping is the taking, with intent to gain, of a
motor vehicle belonging to another without the latters consent, or by means of
violence against or intimidation of persons, or by using force upon things.
Any person who is found guilty of carnapping shall, regardless of the value of the
motor vehicle taken, be punished by imprisonment for not less than twenty (20) years
and one (1) day but not more than thirty (30) years, when the carnapping is committed
without violence against or intimidation of persons, or force upon things; and by
imprisonment for not less than thirty (30) years and one (1) day but not more than
forty (40) years, when the carnapping is committed by means of violence against or
intimidation of persons, or force upon things; and the penalty of life imprisonment shall
be imposed when the owner, driver, or occupant of the carnapped motor vehicle is
killed or raped in the commission of the carnapping.
Any person charged with carnapping or when the crime of carnapping is committed
by criminal groups, gangs or syndicates or by means of violence or intimidation of any
person or persons or forced upon things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped in the course of the carnapping
shall be denied bail when the evidence of guilt is strong.
Sec. 4. Concealment of Carnapping. Any person who conceals carnapping shall be
punished with imprisonment of six (6) years up to twelve (12) years and a fine equal
to theamount of the acquisition cost of the motor vehicle, motor vehicle engine, or any
other part involved in the violation: Provided,That if the person violating any provision
of this Act is a juridical person, the penalty herein provided shall be imposed on its
president, secretary, and/or members of the board of directors or any of its officers
and employees who may have directly participated in the violation.
Any public official or employee who directly commits the unlawful acts defined in this
Act or is guilty of gross negligence of duty or connives with or permits the commission
of any of the said unlawful acts shall, in addition to the penalty prescribed in the
preceding paragraph, be dismissed from the service, and his/her benefits forfeited
and shall be permanently disqualified from holding public office.
Sec. 5. Original Registration of Motor Vehicles. Any person seeking the original
registration of a motor vehicle, whether that motor vehicle is newly assembled or
rebuilt or acquired from a registered owner, shall, within one (1) week after the
completion of the assembly or rebuilding job or the acquisition thereof from the
registered owner, apply to the Philippine National Police (PNP) for the clearance of
the motor vehicle for registration with the LTO. The PNP shall, upon receipt of the
application, verify if the motor vehicle or its numbered parts are in the list of carnapped
motor vehicles or stolen motor vehicle parts. If the motor vehicle or any of its
numbered parts is not in the list, the PNP shall forthwith issue a certificate of
clearance. Upon presentation of the certificate of clearance from the PNP and after
verification of the registration of the motor vehicle engine, engine block and chassis
in the permanent registry of motor vehicle engine, engine block and chassis, the LTO
shall register the motor vehicle in accordance with existing laws, rules and regulations
within twenty (20) working days.
Sec. 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block and
Chassis. Within one (1) year upon approval of this Act, every owner or possessor
of unregistered motor vehicle or parts thereof in knock down condition shall register
before the LTO the motor vehicle engine, engine block and chassis in the name of
13 | P a g e
the possessor or in the name of the real owner who shall be readily available to
answer any claim over the registered motor vehicle engine, engine block and chassis.
Thereafter, all motor vehicle engines, engine blocks and chassis not registered with
the LTO shall be considered as a carnapped vehicle, an untaxed importation or
coming from illegal source and shall be confiscated in favor of the government.
Sec. 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine Blocks
and Chassis. The LTO shall keep a permanent registry of motor vehicle, motor
vehicle engines, engine blocks and chassis of all motor vehicles, specifying therein
their type, make, serial numbers and stating therein the names and addresses of their
present and previous owners. Copies of the registry and of all entries made there on
shall be furnished the PNP and all LTO regional, provincial and city branch
offices; Provided, That all LTO regional, provincial and city offices are likewise obliged
to furnish copies of all registrations of motor vehicles to the main office and to the
PNP: Provided, further, That the original copy of the certificate of registration shall be
given to the registered owner, the second copy shall be retained with the LTO and
the third copy shall be submitted to the PNP. Moreover, it shall be unlawful for any
person or employee who willfully encodes in the registry of motor vehicles a non-
existing vehicle or without history, new identity of already existing vehicle or double/
multiple registration (KAMBAL) of vehicle.
Sec. 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle, Substitution
or Replacement of a Motor Vehicle Engine, Engine Block or Chassis. Every sale,
transfer, conveyance of a motor vehicle, substitution or replacement of a motor
vehicle engine, engine block or chassis of a motor vehicle shall be registered with the
LTO within twenty (20) working days upon purchase/acquisition of a motor vehicle
and substitution or replacement of a motor vehicle engine, engine block or chassis. A
motor vehicle, motor vehicle engine, engine block or chassis not registered with the
LTO shall be presumed as a carnapped vehicle, an untaxed imported vehicle, or a
vehicle proceeding from illegal sources unless proven otherwise and shall be
confiscated in favor of the government.
Sec. 9. Duty of Collector of Customs to Report. Within seven (7) days after the
arrival of an imported vehicle, motor vehicle engine, engine block, chassis or body,
the Collector of Customs of a principal port of entry where the imported vehicle or
parts enumerated above are unloaded shall report the shipment to the LTO,
specifying the make, type and serial numbers, if any, of the motor vehicle, motor
vehicle engine, engine block, chassis or body, and stating the names and addresses
of the owner or consignee thereof. If the motor vehicle, motor vehicle engine, engine
block, chassis or body does not bear any serial number, the Collector of Customs
concerned shall hold the motor vehicle, motor vehicle engine, engine block, chassis
or body until it is numbered by the LTO: Provided, That a PNP clearance shall be
required prior to engraving the engine or chassis number.
Sec. 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep Record
of Stocks. Any person engaged in the importation, distribution, and buying and
selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body shall
keep a permanent record of ones stocks, stating therein their type, make and serial
numbers, and the names and addresses of the persons from whom they were
acquired and the names and addresses of the persons to whom they are sold, and
shall render accurately a monthly report of his/her transactions in motor vehicles to
the LTO.
SEC.11. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the
Numbering of Engine Blocks, Chassis or Body Manufactured. Any person engaged
in the manufacture of engine blocks, chassis or body shall cause the numbering of
every engine block, chassis or body manufactured in a convenient and conspicuous
part thereof which the LTO may direct for the purpose of uniformity and identification
of the factory and shall submit to the LTO a monthly report of the manufacture and
sale of engine blocks, chassis or body.
Sec. 12. Clearance and Permit Required for Assembly or Rebuilding of Motor
Vehicles. Any person who shall undertake to assemble or rebuild or cause the
assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance
from the PNP: Provided, That no such permit shall be issued unless the applicant
shall present a statement under oath containing the type, make and serial numbers
of the engine, chassis and body, if any, and the complete list of the spare parts of the
motor vehicle to be assembled or rebuilt together with the names and addresses of
the sources thereof.
In the case of motor vehicle engines to be mounted on motor boats, motor bancas,
water crafts and other light water vessels, the applicant shall secure a permit from the
PNP, which office shall in turn furnish the LTO pertinent data concerning the motor
vehicle engines including their type, make and serial numbers.
Sec. 13. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines,
Engine Blocks, Chassis or Body. The Philippine Ports Authority (PPA) shall submit
a report to the PNP within seven (7) days upon boarding all motor vehicles being
boarded the RORO, ferry, boat, vessel or ship for interisland and international
14 | P a g e
shipment. The PPA shall not allow the loading of motor vehicles in all interisland and
international shipping vessels without a motor vehicle clearance from the PNP, except
cargo trucks and other trucks carrying goods. Land Transportation Franchising and
Regulatory Board (LTFRB)-accredited public utility vehicles (PUV) and other motor
vehicles carrying foodstuff and dry goods.
Sec. 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines,
Engine Blocks and Chassis. It shall be unlawful for any person to deface or
otherwise tamper with the original or registered serial number of motor vehicle
engines, engine blocks and chassis.
Sec. 15. Identity Transfer. It shall be unlawful for any person, office or entity to
cause and/or allow the sale, registration, and/or transfer into another name, the
chassis number, engine number and plate number of a motor vehicle declared as
total wreck or beyond economic repair by concerned insurance company, and/or
law enforcement agencies, due to its involvement in a vehicular accident or for some
other causes. The LTO shall cancel the registration of total wreck vehicle as reported
by the PNP and/or as declared by the Insurance Commission.
Sec. 16. Transfer of Vehicle Plate. It shall be unlawful for any person, office or entity
to transfer or use a vehicle plate from one vehicle to another without securing the
proper authority from the LTO.
Department of Transportation and Communications, LTO, Philippine Coast Guard,
Maritime Industry Authority, Bureau of Customs and relevant motorists and
automotive sectors shall, within sixty (60) days from the effectivity of this Act, after
unanimous approval, promulgate the necessary implementing rules and regulations
to effectively carry out the provisions of this Act, including the setting up of a
coordinated online access and the effective clearance system mentioned in Section
12 of this Act to expedite motor vehicle data and details verification.
Sec. 21. Separability Clause. If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in full force
and effect.
Sec. 22. Repealing Clause. Republic Act No. 6539, otherwise known as the Anti-
Carnapping Act of 1972, is hereby repealed. All laws, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
amended or repealed accordingly.
Sec. 23. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation, whichever comes
earlier.
Approved

Sec. 17. Sale of Second Hand Spare Parts. It shall be unlawful for any person, office
or entity to buy and/or sell any second hand spare parts taken from a carnapped
vehicle.

Sec. 18. Foreign Nationals. Foreign nationals convicted under the provisions of this
Act shall be deported immediately after service of sentence without further
proceedings by the Bureau of Immigration.

Sec. 19. Reward. Any person who voluntarily gives information leading to the
recovery of carnapped vehicles and for the apprehension of the persons charged with
carnapping shall be given monetary reward as the PNP may determine. The PNP
shall include in their annual budget the amount necessary to carry out the purposes
of this section. Any information given by informers shall be treated as confidential
matter.

Sec. 20. Implementing Rules and Regulations. The PNP together with the

15 | P a g e
REPUBLIC ACT No. 6085 "Sec. 3. No person having been baptized with a name different from that with which
he was registered at birth in the local civil registry, or in case of an alien, registered in
AN ACT AMENDING COMMONWEALTH ACT NUMBERED ONE HUNDRED the bureau of immigration upon entry, or any person who obtained judicial authority
FORTY-TWO REGULATING THE USE OF ALIASES. to use an alias, or who uses a pseudonym, shall represent himself in any public or
private transaction or shall sign or execute any public or private document without
stating or affixing his real or original name and all names or aliases or pseudonym he
Section 1. Section one of Commonwealth Act Numbered One hundred forty-two is
is or may have been authorized to use."
hereby amended to read as follows:

Section 4. Commonwealth Act Numbered One hundred forty-two is hereby amended

"Sec. 1. Except as a pseudonym solely for literary, cinema, television, radio or other
by the insertion of the following new section to be designated Section four to read as
entertainment purposes and in athletic events where the use of pseudonym is a
follows:
normally accepted practice, no person shall use any name different from the one with
which he was registered at birth in the office of the local civil registry, or with which
he was baptized for the first time, or, in case of an alien, with which he was registered "Sec. 4. Six months from the approval of this act and subject to the provisions of
in the bureau of immigration upon entry; or such substitute name as may have been section 1 hereof, all persons who have used any name and/or names and alias or
authorized by a competent court: Provided, That persons, whose births have not been aliases different from those authorized in section one of this act and duly recorded in
registered in any local civil registry and who have not been baptized, have one year the local civil registry, shall be prohibited to use such other name or names and/or
from the approval of this act within which to register their names in the civil registry of alias or aliases."
their residence. The name shall comprise the patronymic name and one or two
surnames." Section 5. Section four of Commonwealth Act Numbered One hundred forty-two is
hereby amended to read as Section five, as follows:
Section 2. Section Two of Commonwealth Act Numbered One hundred forty-two is
hereby amended to read as follows: "Sec. 5. Any violation of this Act shall be punished with imprisonment of from one year
to five years and a fine of P5,000 to P10,000."
"Sec. 2. Any person desiring to use an alias shall apply for authority therefor in
proceedings like those legally provided to obtain judicial authority for a change of Section 6. This Act shall take effect upon its approval, and all Acts, rules or
name, and no person shall be allowed to secure such judicial authority for more than regulations of laws inconsistent herewith are hereby repealed.
one alias. The petition for an alias shall set forth the person's baptismal and family
name and the name recorded in the civil registry, if different, his immigrant's name, if Approved: August 4, 1969.
an alien, and his pseudonym, if he has such names other than his original or real
name, specifying the reason or reasons for the use of the desired alias. The judicial
authority for the use of alias the Christian name and the alien immigrant's name shall
be recorded in the proper local civil registry, and no person shall use any name or
names other, than his original or real name unless the same is or are duly recorded
in the proper local civil registry."

Section 3. Section three of Commonwealth Act Numbered One hundred forty-two, is

hereby amended to read as Follows:

16 | P a g e
 Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Second Regular Session
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES
THEREFOR AND FOR OTHER PURPOSES
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. This Act shall be known as the "Cybercrime Prevention Act of
2012.
Section 2. Declaration of Policy. The State recognizes the vital role of information
and communications industries such as content production, telecommunications,
broadcasting electronic commerce, and data processing, in the nations overall social
and economic development. The State also recognizes the importance of providing
an environment conducive to the development, acceleration, and rational application
and exploitation of information and communications technology (ICT) to attain free,
easy, and intelligible access to exchange and/or delivery of information; and the need
to protect and safeguard the integrity of computer, computer and communications
systems, networks, and databases, and the confidentiality, integrity, and availability
of information and data stored therein, from all forms of misuse, abuse, and illegal
access by making punishable under the law such conduct or conducts. In this light,
the State shall adopt sufficient powers to effectively prevent and combat such
offenses by facilitating their detection, investigation, and prosecution at both the
domestic and international levels, and by providing arrangements for fast and reliable
international cooperation.
Section 3. Definition of Terms. For purposes of this Act, the following terms are
hereby defined as follows:
(a) Access refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of any resources of a
computer system or communication network.
(b) Alteration refers to the modification or change, in form or substance, of
an existing computer data or program.
(c) Communication refers to the transmission of information through ICT
media, including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or
other data processing or communications device, or grouping of such
devices, capable of performing logical, arithmetic, routing, or storage
functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in
conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones,
smart phones, computer networks and other devices connected to the
internet.
(e) Computer data refers to any representation of facts, information, or
concepts in a form suitable for processing in a computer system including
a program suitable to cause a computer system to perform a function and
includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the
computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or
related devices, one or more of which, pursuant to a program, performs
automated processing of data. It covers any type of device with data
processing capabilities including, but not limited to, computers and mobile
phones. The device consisting of hardware and software may include input,
output and storage components which may stand alone or be connected in
a network or other similar devices. It also includes computer data storage
devices or media.
17 | P a g e
(h) Without right refers to either: (i) conduct undertaken without or in excess
of authority; or (ii) conduct not covered by established legal defenses,
excuses, court orders, justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic
medium in which online communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks,
whether physical or virtual, and/or the computer programs, computer data
and/or traffic data so vital to this country that the incapacity or destruction
of or interference with such system and assets would have a debilitating
impact on security, national or economic security, national public health and
safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management
approaches, actions, training, best practices, assurance and technologies
that can be used to protect the cyber environment and organization and
users assets.
(l) Database refers to a representation of information, knowledge, facts,
concepts, or instructions which are being prepared, processed or stored or
have been prepared, processed or stored in a formalized manner and which
are intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance
of the content of communications, including procuring of the content of data,
either directly, through access and use of a computer system or indirectly,
through the use of electronic eavesdropping or tapping devices, at the same
time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service
the ability to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on
behalf of such communication service or users of such service.
(o) Subscribers information refers to any information contained in the form
of computer data or any other form that is held by a service provider, relating
to subscribers of its services other than traffic or content data and by which
identity can be established:
(1) The type of communication service used, the technical
provisions taken thereto and the period of service;
(2) The subscribers identity, postal or geographic address,
telephone and other access numbers, any assigned network
address, billing and payment information, available on the basis
of the service agreement or arrangement; and
(3) Any other available information on the site of the installation
of communication equipment, available on the basis of the
service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than
the content of the communication including, but not limited to, the
communications origin, destination, route, time, date, size, duration, or type
of underlying service.
CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. The following acts constitute the offense of
cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer
data and systems:
(1) Illegal Access. The access to the whole or any part of a
computer system without right.
(2) Illegal Interception. The interception made by technical
means without right of any non-public transmission of computer
data to, from, or within a computer system including
18 | P a g e
electromagnetic emissions from a computer system carrying such
computer data.
(3) Data Interference. The intentional or reckless alteration,
damaging, deletion or deterioration of computer data, electronic
document, or electronic data message, without right, including the
introduction or transmission of viruses.
(4) System Interference. The intentional alteration or reckless
hindering or interference with the functioning of a computer or
computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(b) Computer-related Offenses:
(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without
right, of:
(aa) A device, including a computer program,
designed or adapted primarily for the
purpose of committing any of the offenses
under this Act; or
(bb) A computer password, access code, or
similar data by which the whole or any part of
a computer system is capable of being
accessed with intent that it be used for the
purpose of committing any of the offenses
under this Act.
(ii) The possession of an item referred to in paragraphs
5(i)(aa) or (bb) above with intent to use said devices for
the purpose of committing any of the offenses under
this section.
(6) Cyber-squatting. The acquisition of a domain name over the
internet in bad faith to profit, mislead, destroy reputation, and
deprive others from registering the same, if such a domain name
is:
(i) Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate government
agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a
person other than the registrant, in case of a personal
name; and
(iii) Acquired without right or with intellectual property
interests in it.
(1) Computer-related Forgery.
(i) The input, alteration, or deletion of any computer
data without right resulting in inauthentic data with the
intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or
not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is
the product of computer-related forgery as defined
herein, for the purpose of perpetuating a fraudulent or
dishonest design.
(2) Computer-related Fraud. The unauthorized input,
alteration, or deletion of computer data or program or interference
in the functioning of a computer system, causing damage thereby
with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one
(1) degree lower.
19 | P a g e
 (3) Computer-related Identity Theft. The intentional acquisition,
use, misuse, transfer, possession, alteration or deletion of
identifying information belonging to another, whether natural or
juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. The willful engagement, maintenance, control,
or operation, directly or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid of a computer
system, for favor or consideration.
(2) Child Pornography. The unlawful or prohibited acts defined
and punishable by Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed through a computer system:
Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.1wphi1
(3) Unsolicited Commercial Communications. The
transmission of commercial electronic communication with the
use of computer system which seek to advertise, sell, or offer for
sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient;
or
(ii) The primary intent of the communication is for
service and/or administrative announcements from the
sender to its existing users, subscribers or customers;
or
(iii) The following conditions are present:
(aa) The commercial electronic
communication contains a simple, valid, and
reliable way for the recipient to reject. receipt
of further commercial electronic messages
(opt-out) from the same source;
(bb) The commercial electronic
communication does not purposely disguise
the source of the electronic message; and
(cc) The commercial electronic
communication does not purposely include
misleading information in any part of the
message in order to induce the recipients to
read the message.
(4) Libel. The unlawful or prohibited acts of libel as defined in
Article 355 of the Revised Penal Code, as amended, committed
through a computer system or any other similar means which may
be devised in the future.
Section 5. Other Offenses. The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. Any person who
willfully abets or aids in the commission of any of the offenses enumerated
in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. Any person who willfully
attempts to commit any of the offenses enumerated in this Act shall be held
liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended,
and special laws, if committed by, through and with the use of information and
communications technologies shall be covered by the relevant provisions of this
Act: Provided, That the penalty to be imposed shall be one (1) degree higher than
that provided for by the Revised Penal Code, as amended, and special laws, as the
case may be.
Section 7. Liability under Other Laws. A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as
amended, or special laws.
CHAPTER III
PENALTIES
20 | P a g e
Section 8. Penalties. Any person found guilty of any of the punishable acts
enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment
of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00)
up to a maximum amount commensurate to the damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished
with imprisonment of prision mayor or a fine of not more than Five hundred thousand
pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the
penalty of reclusion temporal or a fine of at least Five hundred thousand pesos
(PhP500,000.00) up to maximum amount commensurate to the damage incurred or
both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1)
of this Act shall be punished with imprisonment of prision mayor or a fine of at least
Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhPl,000,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2)
of this Act shall be punished with the penalties as enumerated in Republic Act No.
9775 or the "Anti-Child Pornography Act of 2009: Provided,That the penalty to be
imposed shall be one (1) degree higher than that provided for in Republic Act No.
9775, if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3)
shall be punished with imprisonment of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 5 shall
be punished with imprisonment one (1) degree lower than that of the prescribed
penalty for the offense or a fine of at least One hundred thousand pesos
(PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00)
or both.
Section 9. Corporate Liability. When any of the punishable acts herein defined are
knowingly committed on behalf of or for the benefit of a juridical person, by a natural
person acting either individually or as part of an organ of the juridical person, who has
a leading position within, based on: (a) a power of representation of the juridical
person provided the act committed falls within the scope of such authority; (b) an
authority to take decisions on behalf of the juridical person: Provided, That the act
committed falls within the scope of such authority; or (c) an authority to exercise
control within the juridical person, the juridical person shall be held liable for a fine
equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten
million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made possible
due to the lack of supervision or control by a natural person referred to and described
in the preceding paragraph, for the benefit of that juridical person by a natural person
acting under its authority, the juridical person shall be held liable for a fine equivalent
to at least double the fines imposable in Section 7 up to a maximum of Five million
pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who has committed the offense.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities. The National Bureau of Investigation
(NBI) and the Philippine National Police (PNP) shall be responsible for the efficient
and effective law enforcement of the provisions of this Act. The NBI and the PNP shall
organize a cybercrime unit or center manned by special investigators to exclusively
handle cases involving violations of this Act.
Section 11. Duties of Law Enforcement Authorities. To ensure that the technical
nature of cybercrime and its prevention is given focus and considering the procedures
involved for international cooperation, law enforcement authorities specifically the
computer or technology crime divisions or units responsible for the investigation of
cybercrimes are required to submit timely and regular reports including pre-operation,
post-operation and investigation results and such other documents as may be
required to the Department of Justice (DOJ) for review and monitoring.
Section 12. Real-Time Collection of Traffic Data. Law enforcement authorities,
with due cause, shall be authorized to collect or record by technical or electronic
means traffic data in real-time associated with specified communications transmitted
by means of a computer system.
21 | P a g e
Traffic data refer only to the communications origin, destination, route, time, date,
size, duration, or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in
the collection or recording of the above-stated information.
The court warrant required under this section shall only be issued or granted upon
written application and the examination under oath or affirmation of the applicant and
the witnesses he may produce and the showing: (1) that there are reasonable grounds
to believe that any of the crimes enumerated hereinabove has been committed, or is
being committed, or is about to be committed: (2) that there are reasonable grounds
to believe that evidence that will be obtained is essential to the conviction of any
person for, or to the solution of, or to the prevention of, any such crimes; and (3) that
there are no other means readily available for obtaining such evidence.
Section 13. Preservation of Computer Data. The integrity of traffic data and
subscriber information relating to communication services provided by a service
provider shall be preserved for a minimum period of six (6) months from the date of
the transaction. Content data shall be similarly preserved for six (6) months from the
date of receipt of the order from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6)
months: Provided, That once computer data preserved, transmitted or stored by a
service provider is used as evidence in a case, the mere furnishing to such service
provider of the transmittal document to the Office of the Prosecutor shall be deemed
a notification to preserve the computer data until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the
order and its compliance.
Section 14. Disclosure of Computer Data. Law enforcement authorities, upon
securing a court warrant, shall issue an order requiring any person or service provider
to disclose or submit subscribers information, traffic data or relevant data in his/its
possession or control within seventy-two (72) hours from receipt of the order in
relation to a valid complaint officially docketed and assigned for investigation and the
disclosure is necessary and relevant for the purpose of investigation.
Section 15. Search, Seizure and Examination of Computer Data. Where a search
and seizure warrant is properly issued, the law enforcement authorities shall likewise
have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in
this Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data
storage medium; and
(e) To render inaccessible or remove those computer data in the accessed
computer or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has
knowledge about the functioning of the computer system and the measures to protect
and preserve the computer data therein to provide, as is reasonable, the necessary
information, to enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the
examination of the computer data storage medium and to make a return thereon but
in no case for a period longer than thirty (30) days from date of approval by the court.
Section 16. Custody of Computer Data. All computer data, including content and
traffic data, examined under a proper warrant shall, within forty-eight (48) hours after
the expiration of the period fixed therein, be deposited with the court in a sealed
package, and shall be accompanied by an affidavit of the law enforcement authority
executing it stating the dates and times covered by the examination, and the law
enforcement authority who may access the deposit, among other relevant data. The
law enforcement authority shall also certify that no duplicates or copies of the whole
or any part thereof have been made, or if made, that all such duplicates or copies are
included in the package deposited with the court. The package so deposited shall not
be opened, or the recordings replayed, or used in evidence, or then contents
22 | P a g e
revealed, except upon order of the court, which shall not be granted except upon
motion, with due notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
Section 17. Destruction of Computer Data. Upon expiration of the periods as
provided in Sections 13 and 15, service providers and law enforcement authorities,
as the case may be, shall immediately and completely destroy the computer data
subject of a preservation and examination.
Section 18. Exclusionary Rule. Any evidence procured without a valid warrant or
beyond the authority of the same shall be inadmissible for any proceeding before any
court or tribunal.
Section 19. Restricting or Blocking Access to Computer Data. When a computer
data is prima facie found to be in violation of the provisions of this Act, the DOJ shall
issue an order to restrict or block access to such computer data.
Section 20. Noncompliance. Failure to comply with the provisions of Chapter IV
hereof specifically the orders from law enforcement authorities shall be punished as
a violation of Presidential Decree No. 1829 with imprisonment of prision correctional
in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or
both, for each and every noncompliance with an order issued by law enforcement
authorities.
CHAPTER V
JURISDICTION
Section 21. Jurisdiction. The Regional Trial Court shall have jurisdiction over any
violation of the provisions of this Act. including any violation committed by a Filipino
national regardless of the place of commission. Jurisdiction shall lie if any of the
elements was committed within the Philippines or committed with the use of any
computer system wholly or partly situated in the country, or when by such commission
any damage is caused to a natural or juridical person who, at the time the offense
was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained
judges to handle cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Section 22. General Principles Relating to International Cooperation. All relevant
international instruments on international cooperation in criminal matters,
arrangements agreed on the basis of uniform or reciprocal legislation, and domestic
laws, to the widest extent possible for the purposes of investigations or proceedings
concerning criminal offenses related to computer systems and data, or for the
collection of evidence in electronic form of a criminal, offense shall be given full force
and effect.
CHAPTER VII
COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). There is hereby created an Office of
Cybercrime within the DOJ designated as the central authority in all matters related
to international mutual assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating Center. There is hereby
created, within thirty (30) days from the effectivity of this Act, an inter-agency body to
be known as the Cybercrime Investigation and Coordinating Center (CICC), under
the administrative supervision of the Office of the President, for policy coordination
among concerned agencies and for the formulation and enforcement of the national
cybersecurity plan.
Section 25. Composition. The CICC shall be headed by the Executive Director of
the Information and Communications Technology Office under the Department of
Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI
as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime;
and one (1) representative from the private sector and academe, as members. The
CICC shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies.1wphi1
Section 26. Powers and Functions. The CICC shall have the following powers and
functions:
(a) To formulate a national cybersecurity plan and extend immediate
assistance for the suppression of real-time commission of cybercrime
offenses through a computer emergency response team (CERT);
23 | P a g e
 (b) To coordinate the preparation of appropriate and effective measures to
prevent and suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by participating law
enforcement and prosecution agencies;
(d) To facilitate international cooperation on intelligence, investigations,
training and capacity building related to cybercrime prevention, suppression
and prosecution;
Section 30. Repealing Clause. All laws, decrees or rules inconsistent with this Act
are hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792
or the "Electronic Commerce Act" is hereby modified accordingly.
Section 31. Effectivity. This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or in at least two (2) newspapers
of general circulation.
Approved

(e) To coordinate the support and participation of the business sector, local
government units and nongovernment organizations in cybercrime
prevention programs and other related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures

and policies;

(g) To call upon any government agency to render assistance in the

accomplishment of the CICCs mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and

suppression, including capacity building and such other functions and
duties as may be necessary for the proper implementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

Section 27. Appropriations. The amount of Fifty million pesos

(PhP50,000,000_00) shall be appropriated annually for the implementation of this Act.

Section 28. Implementing Rules and Regulations. The ICTO-DOST, the DOJ and
the Department of the Interior and Local Government (DILG) shall jointly formulate
the necessary rules and regulations within ninety (90) days from approval of this Act,
for its effective implementation.

Section 29. Separability Clause If any provision of this Act is held invalid, the other
provisions not affected shall remain in full force and effect.

24 | P a g e
 Congress of the Philippines commodities or financial derivatives based thereon, valuable
Twelfth Congress objects, cash substitutes and other similar monetary instruments
or property supervised or regulated by Securities and Exchange
REPUBLIC ACT NO. 9160 September 29, 2001 Commission.

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING (b) "Covered transaction" is a single, series, or combination of
PENALTIES THEREFOR AND FOR OTHER PURPOSES transactions involving a total amount in excess of Four million Philippine
pesos (Php4,000,000.00) or an equivalent amount in foreign currency
based on the prevailing exchange rate within five (5) consecutive banking
Section 1. Short Title. This Act shall be known as the "Anti-Money Laundering Act
days except those between a covered institution and a person who, at the
of 2001."
time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those
Section 2. Declaration of Policy. It is hereby declared the policy of the State to with an underlying legal or trade obligation, purpose, origin or economic
protect and preserve the integrity and confidentiality of bank accounts and to ensure justification.
that the Philippines shall not be used as a money laundering site for the proceeds of
any unlawful activity. Consistent with its foreign policy, the State shall extend
It likewise refers to a single, series or combination or pattern of unusually
cooperation in transnational investigations and prosecutions of persons involved in
large and complex transactions in excess of Four million Philippine pesos
money laundering activities whenever committed.
(Php4,000,000.00) especially cash deposits and investments having no
credible purpose or origin, underlying trade obligation or contract.
Section 3. Definitions. For purposes of this Act, the following terms are hereby
defined as follows:
(c) "Monetary Instrument" refers to:
(a) "Covered Institution" refers to:
(1) coins or currency of legal tender of the Philippines, or of any
other country;
(1) banks, non-banks, quasi-banks, trust entities, and all other
institutions and their subsidiaries and affiliates supervised or
(2) drafts, checks and notes;
regulated by the Bangko Sentral ng Pilipinas (BSP);

(3) securities or negotiable instruments, bonds, commercial

(2) Insurance companies and all other institutions supervised or
papers, deposit certificates, trust certificates, custodial receipts or
regulated by the Insurance Commission; and
deposit substitute instruments, trading orders, transaction tickets
and confirmations of sale or investments and money marked
(3) (i) securities dealers, brokers, salesmen, investment houses instruments; and
and other similar entities managing securities or rendering
services as investment agent, advisor, or consultant, (ii) mutual
(4) other similar instruments where title thereto passes to another
funds, close and investment companies, common trust funds,
by endorsement, assignment or delivery.
pre-need companies and other similar entities, (iii) foreign
exchange corporations, money changers, money payment,
remittance, and transfer companies and other similar entities, and (d) "Offender" refers to any person who commits a money laundering
(iv) other entities administering or otherwise dealing in currency, offense.

25 | P a g e
(e) "Person" refers to any natural or juridical person.
(f) "Proceeds" refers to an amount derived or realized from an unlawful
activity.
(g) "Supervising Authority" refers to the appropriate supervisory or
regulatory agency, department or office supervising or regulating the
covered institutions enumerated in Section 3(a).
(h) "Transaction" refers to any act establishing any right or obligation or
giving rise to any contractual or legal relationship between the parties
thereto. It also includes any movement of funds by any means with a
covered institution.
(l) "Unlawful activity" refers to any act or omission or series or combination
thereof involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815,
otherwise known as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No.
6425, as amended, otherwise known as the Dangerous Drugs Act
of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No.
3019, as amended; otherwise known as the Anti-Graft and
Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300,
301 and 302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under
Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as
amended and Presidential Decree No. 532;
(8) Qualified theft under, Article 310 of the Revised Penal Code,
as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as
amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as
the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the Revised
Penal Code, as amended, including those perpetrated by
terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act
No. 8799, otherwise known as the Securities Regulation Code of
2000;
(14) Felonies or offenses of a similar nature that are punishable
under the penal laws of other countries.
Section 4. Money Laundering Offense. Money laundering is a crime whereby the
proceeds of an unlawful activity are transacted, thereby making them appear to have
originated from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property
represents, involves, or relates to the proceeds of any unlawful activity,
transacts or attempts to transact said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves
the proceeds of any unlawful activity, performs or fails to perform any act
as a result of which he facilitates the offense of money laundering referred
to in paragraph (a) above.
26 | P a g e
 (c) Any person knowing that any monetary instrument or property is
required under this Act to be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so.
Section 5. Jurisdiction of Money Laundering Cases. The regional trial courts shall
have jurisdiction to try all cases on money laundering. Those committed by public
officers and private persons who are in conspiracy with such public officers shall be
under the jurisdiction of the Sandiganbayan.
Section 6. Prosecution of Money Laundering.
(a) Any person may be charged with and convicted of both the offense of
money laundering and the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given
precedence over the prosecution of any offense or violation under this Act
without prejudice to the freezing and other remedies provided.
Section 7. Creation of Anti-Money Laundering Council (AMLC). The Anti-Money
Laundering Council is hereby created and shall be composed of the Governor of the
Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance
Commission and the Chairman of the Securities and Exchange Commission as
members. The AMLC shall act unanimously in the discharge of its functions as
defined hereunder:
(1) to require and receive covered transaction reports from covered
institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or
the covered institution to determine the true identity of the owner of any
monetary instrument or property subject of a covered transaction report or
request for assistance from a foreign State, or believed by the Council, on
the basis of substantial evidence to be in whole or in part, whenever located,
representing, involving, or related to, directly or indirectly, in any manner or
by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings
through the Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the
Ombudsman for the prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering
activities and other violations of this Act;
(6) to freeze any monetary instrument or property alleged to be proceed of
any unlawful activity;
(7) to implement such measures as may be necessary and justified under
this Act to counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states
for assistance in their own anti-money laundering operations provided in
this Act;
(9) to develop educational programs on the pernicious effects of money
laundering, the methods and techniques used in money laundering, the
viable means of preventing money laundering and the effective ways of
prosecuting and punishing offenders; and
(10) to enlist the assistance of any branch, department, bureau, office,
agency or instrumentality of the government, including government-owned
and controlled corporations, in undertaking any and all anti-money
laundering operations, which may include the use of its personnel, facilities
and resources for the more resolute prevention, detection and investigation
of money laundering offenses and prosecution of offenders.
Section 8. Creation of a Secretariat. The AMLC is hereby authorized to establish a
secretariat to be headed by an Executive Director who shall be appointed by the
Council for a term of five (5) years. He must be a member of the Philippine Bar, at
least thirty-five (35) years of age and of good moral character, unquestionable
integrity and known probity. All members of the Secretariat must have served for at
least five (5) years either in the Insurance Commission, the Securities and Exchange
Commission or the Bangko Sentral ng Pilipinas (BSP) and shall hold full-time
permanent positions within the BSP.
Section 9. Prevention of Money Laundering; Customer Identification Requirements
and Record Keeping.
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 (a) Customer Identification, - Covered institutions shall establish and
record the true identity of its clients based on official documents. They shall
maintain a system of verifying the true identity of their clients and, in case
of corporate clients, require a system of verifying their legal existence and
organizational structure, as well as the authority and identification of all
persons purporting to act on their behalf.
The provisions of existing laws to the contrary notwithstanding, anonymous
accounts, accounts under fictitious names, and all other similar accounts
shall be absolutely prohibited. Peso and foreign currency non-checking
numbered accounts shall be allowed. The BSP may conduct annual testing
solely limited to the determination of the existence and true identity of the
owners of such accounts.
(b) Record Keeping All records of all transactions of covered institutions
shall be maintained and safely stored for five (5) years from the date of
transactions. With respect to closed accounts, the records on customer
identification, account files and business correspondence, shall be
preserved and safety stored for at least five (5) years from the dates when
they were closed.
(c) Reporting of Covered Transactions. Covered institutions shall
report to the AMLC all covered transactions within five (5) working days
from occurrence thereof, unless the Supervising Authority concerned
prescribes a longer period not exceeding ten (10) working days.
When reporting covered transactions to the AMLC, covered institutions and their
officers, employees, representatives, agents, advisors, consultants or associates
shall not be deemed to have violated Republic Act No. 1405, as amended; Republic
Act No. 6426, as amended; Republic Act No. 8791 and other similar laws, but are
prohibited from communicating, directly or indirectly, in any manner or by any means,
to any person the fact that a covered transaction report was made, the contents
thereof, or any other information in relation thereto. In case of violation thereof, the
concerned officer, employee, representative, agent, advisor, consultant or associate
of the covered institution, shall be criminally liable. However, no administrative,
criminal or civil proceedings, shall lie against any person for having made a covered
transaction report in the regular performance of his duties and in good faith, whether
or not such reporting results in any criminal prosecution under this Act or any other
Philippine law.
When reporting covered transactions to the AMLC, covered institutions and their
officers, employees, representatives, agents, advisors, consultants or associates are
prohibited from communicating, directly or indirectly, in any manner or by any means,
to any person, entity, the media, the fact that a covered transaction report was made,
the contents thereof, or any other information in relation thereto. Neither may such
reporting be published or aired in any manner or form by the mass media, electronic
mail, or other similar devices. In case of violation thereof, the concerned officer,
employee, representative, agent, advisor, consultant or associate of the covered
institution, or media shall be held criminally liable.
Section 10. Authority to Freeze. Upon determination that probable cause exists that
any deposit or similar account is in any way related to an unlawful activity, the AMLC
may issue a freeze order, which shall be effective immediately, on the account for a
period not exceeding fifteen (15) days. Notice to the depositor that his account has
been frozen shall be issued simultaneously with the issuance of the freeze order. The
depositor shall have seventy-two (72) hours upon receipt of the notice to explain why
the freeze order should be lifted. The AMLC has seventy-two (72) hours to dispose of
the depositor's explanation. If it falls to act within seventy-two (72) hours from receipt
of the depositor's explanation, the freeze order shall automatically be dissolved. The
fifteen (15)-day freeze order of the AMLC may be extended upon order of the court,
provided that the fifteen (15)-day period shall be tolled pending the court's decision to
extend the period.
No court shall issue a temporary restraining order or writ of injunction against any
freeze order issued by the AMLC except the Court of Appeals or the Supreme Court.
Section 11. Authority to inquire into Bank Deposits. Notwithstanding the provisions
of Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic
Act No. 8791, and other laws, the AMLC may inquire into or examine any particular
deposit or investment with any banking institution or non-bank financial institution
upon order of any competent court in cases of violation of this Act when it has been
established that there is probable cause that the deposits or investments involved are
in any way related to a money laundering offense: Provided, That this provision shall
not apply to deposits and investments made prior to the effectivity of this Act.
Section 12. Forfeiture Provisions.
(a) Civil Forfeiture. When there is a covered transaction report made,
and the court has, in a petition filed for the purpose ordered seizure of any
28 | P a g e
 monetary instrument or property, in whole or in part, directly or indirectly,
related to said report, the Revised Rules of Court on civil forfeiture shall
apply.
(b) Claim on Forfeited Assets. Where the court has issued an order of
forfeiture of the monetary instrument or property in a criminal prosecution
for any money laundering offense defined under Section 4 of this Act, the
offender or any other person claiming an interest therein may apply, by
verified petition, for a declaration that the same legitimately belongs to him
and for segregation or exclusion of the monetary instrument or property
corresponding thereto. The verified petition shall be filed with the court
which rendered the judgment of conviction and order of forfeiture, within
fifteen (15) days from the date of the order or forfeiture, in default of which
the said order shall become final and executory. This provision shall apply
in both civil and criminal forfeiture.
(c) Payment in Lieu of Forfeiture. Where the court has issued an order
of forfeiture of the monetary instrument or property subject of a money
laundering offense defined under Section 4, and said order cannot be
enforced because any particular monetary instrument or property cannot,
with due diligence, be located, or it has been substantially altered,
destroyed, diminished in value or otherwise rendered worthless by any act
or omission, directly or indirectly, attributable to the offender, or it has been
concealed, removed, converted or otherwise transferred to prevent the
same from being found or to avoid forfeiture thereof, or it is located outside
the Philippines or has been placed or brought outside the jurisdiction of the
court, or it has been commingled with other monetary instruments or
property belonging to either the offender himself or a third person or entity,
thereby rendering the same difficult to identify or be segregated for
purposes of forfeiture, the court may, instead of enforcing the order of
forfeiture of the monetary instrument or property or part thereof or interest
therein, accordingly order the convicted offender to pay an amount equal to
the value of said monetary instrument or property. This provision shall apply
in both civil and criminal forfeiture.
Section 13. Mutual Assistance among States.
(a) Request for Assistance from a Foreign State. Where a foreign
State makes a request for assistance in the investigation or prosecution of
a money laundering offense, the AMLC may execute the request or refuse
to execute the same and inform the foreign State of any valid reason for not
executing the request or for delaying the execution thereof. The principles
of mutuality and reciprocity shall, for this purpose, be at all times
recognized.
(b) Power of the AMLC to Act on a Request for Assistance from a
Foreign State. The AMLC may execute a request for assistance from a
foreign State by: (1) tracking down, freezing, restraining and seizing assets
alleged to be proceeds of any unlawful activity under the procedures laid
down in this Act; (2) giving information needed by the foreign State within
the procedures laid down in this Act; and (3) applying for an order of
forfeiture of any monetary instrument or property in the court: Provided,
That the court shall not issue such an order unless the application is
accompanied by an authenticated copy of the order of a court in the
requesting State ordering the forfeiture of said monetary instrument or
properly of a person who has been convicted of a money laundering offense
in the requesting State, and a certification of an affidavit of a competent
officer of the requesting State stating that the conviction and the order of
forfeiture are final and then no further appeal lies in respect or either.
(c) Obtaining Assistance from Foreign States. The AMLC may make
a request to any foreign State for assistance in (1) tracking down, freezing,
restraining and seizing assets alleged to be proceeds of any unlawful
activity; (2) obtaining information that it needs relating to any covered
transaction, money laundering offense or any other matter directly or
indirectly, related thereto; (3) to the extent allowed by the law of the Foreign
State, applying with the proper court therein for an order to enter any
premises belonging to or in the possession or control of, any or all of the
persons named in said request, and/or search any or all such persons
named therein and/or remove any document, material or object named in
said request: Provided, That the documents accompanying the request in
support of the application have been duly authenticated in accordance with
the applicable law or regulation of the foreign State; and (4) applying for an
order of forfeiture of any monetary instrument or property in the proper court
in the foreign State: Provided, That the request is accompanied by an
authenticated copy of the order of the regional trial court ordering the
forfeiture of said monetary instrument or property of a convicted offender
and an affidavit of the clerk of court stating that the conviction and the order
of forfeiture are final and that no further appeal lies in respect of either.
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(d) Limitations on Request for Mutual Assistance. The AMLC may
refuse to comply with any request for assistance where the action sought
by the request contravenes any provision of the Constitution or the
execution of a request is likely to prejudice the national interest of the
Philippines unless there is a treaty between the Philippines and the
requesting State relating to the provision of assistance in relation to money
laundering offenses.
(e) Requirements for Requests for Mutual Assistance from Foreign
State. A request for mutual assistance from a foreign State must (1)
confirm that an investigation or prosecution is being conducted in respect
of a money launderer named therein or that he has been convicted of any
money laundering offense; (2) state the grounds on which any person is
being investigated or prosecuted for money laundering or the details of his
conviction; (3) gives sufficient particulars as to the identity of said person;
(4) give particulars sufficient to identity any covered institution believed to
have any information, document, material or object which may be of
assistance to the investigation or prosecution; (5) ask from the covered
institution concerned any information, document, material or object which
may be of assistance to the investigation or prosecution; (6) specify the
manner in which and to whom said information, document, material or
object detained pursuant to said request, is to be produced; (7) give all the
particulars necessary for the issuance by the court in the requested State
of the writs, orders or processes needed by the requesting State; and (8)
contain such other information as may assist in the execution of the request.
(f) Authentication of Documents. For purposes of this Section, a
document is authenticated if the same is signed or certified by a judge,
magistrate or equivalent officer in or of, the requesting State, and
authenticated by the oath or affirmation of a witness or sealed with an
official or public seal of a minister, secretary of State, or officer in or of, the
government of the requesting State, or of the person administering the
government or a department of the requesting territory, protectorate or
colony. The certificate of authentication may also be made by a secretary
of the embassy or legation, consul general, consul, vice consul, consular
agent or any officer in the foreign service of the Philippines stationed in the
foreign State in which the record is kept, and authenticated by the seal of
his office.
(g) Extradition. The Philippines shall negotiate for the inclusion of money
laundering offenses as herein defined among extraditable offenses in all
future treaties.
Section 14. Penal Provisions.
(a) Penalties for the Crime of Money Laundering. The penalty of
imprisonment ranging from seven (7) to fourteen (14) years and a fine of
not less than Three million Philippine pesos (Php 3,000,000.00) but not
more than twice the value of the monetary instrument or property involved
in the offense, shall be imposed upon a person convicted under Section
4(a) of this Act.
The penalty of imprisonment from four (4) to seven (7) years and a fine of
not less than One million five hundred thousand Philippine pesos (Php
1,500,000.00) but not more than Three million Philippine pesos (Php
3,000,000.00), shall be imposed upon a person convicted under Section
4(b) of this Act.
The penalty of imprisonment from six (6) months to four (4) years or a fine
of not less than One hundred thousand Philippine pesos (Php 100,000.00)
but not more than Five hundred thousand Philippine pesos (Php
500,000.00), or both, shall be imposed on a person convicted under Section
4(c) of this Act.
(b) Penalties for Failure to Keep Records. The penalty of imprisonment
from six (6) months to one (1) year or a fine of not less than One hundred
thousand Philippine pesos (Php 100,000.00) but not more than Five
hundred thousand Philippine pesos (Php 500,000.00), or both, shall be
imposed on a person convicted under Section 9(b) of this Act.
(c) Malicious Reporting. Any person who, with malice, or in bad faith,
report or files a completely unwarranted or false information relative to
money laundering transaction against any person shall be subject to a
penalty of six (6) months to four (4) years imprisonment and a fine of not
less than One hundred thousand Philippine pesos (Php 100,000.00) but not
more than Five hundred thousand Philippine pesos (Php 500,000.00), at
the discretion of the court: Provided, That the offender is not entitled to avail
the benefits of the Probation Law.
30 | P a g e
 If the offender is a corporation, association, partnership or any juridical
person, the penalty shall be imposed upon the responsible officers, as the
case may be, who participated in the commission of the crime or who shall
have knowingly permitted or failed to prevent its commission. If the offender
is a juridical person, the court may suspend or revoke its license. If the
offender is an alien, he shall, in addition to the penalties herein prescribed,
be deported without further proceedings after serving the penalties herein
prescribed. If the offender is a public official or employee, he shall, in
addition to the penalties prescribed herein, suffer perpetual or temporary
absolute disqualification from office, as the case may be;
Any public official or employee who is called upon to testify and refuses to
do the same or purposely fails to testify shall suffer the same penalties
prescribed herein.
(d) Breach of Confidentiality. The punishment of imprisonment ranging
from three (3) to eight (8) years and a fine of not less than Five hundred
thousand Philippine pesos (Php 500,000.00) but not more than One million
Philippine pesos (Php 1,000,000.00), shall be imposed on a person
convicted for a violation under Section 9(c).
Section 15. System of Incentives and Rewards. A system of special incentives and
rewards is hereby established to be given to the appropriate government agency and
its personnel that led and initiated an investigation, prosecution and conviction of
persons involved in the offense penalized in Section 4 of this Act.
Section 16. Prohibitions Against Political Harassment. This Act shall not be used
for political prosecution or harassment or as an instrument to hamper competition in
trade and commerce.
No case for money laundering may be filed against and no assets shall be frozen,
attached or forfeited to the prejudice of a candidate for an electoral office during an
election period.
Section 17. Restitution. Restitution for any aggrieved party shall be governed by
the provisions of the New Civil Code.
Section 18. Implementing Rules and Regulations. Within thirty (30) days from the
effectivity of this Act, the Bangko Sentral ng Pilipinas, the Insurance Commission and
the Securities and Exchange Commission shall promulgate the rules and regulations
to implement effectivity the provisions of this Act. Said rules and regulations shall be
submitted to the Congressional Oversight Committee for approval.
Covered institutions shall formulate their respective money laundering prevention
programs in accordance with this Act including, but not limited to, information
dissemination on money laundering activities and its prevention, detection and
reporting, and the training of responsible officers and personnel of covered
institutions.
Section 19. 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 Oversight Committee shall have the power to promulgate its own rules, to
oversee the implementation of this Act, and to review or revise the implementing rules
issued by the Anti-Money Laundering Council within thirty (30) days from the
promulgation of the said rules.
Section 20. Appropriations Clause. The AMLC shall be provided with an initial
appropriation of Twenty-five million Philippine pesos (Php 25,000,000.00) to be drawn
from the national government. Appropriations for the succeeding years shall be
included in the General Appropriations Act.
Section 21. Separability Clause. If any provision or section of this Act or the
application thereof to any person or circumstance is held to be invalid, the other
provisions or sections of this Act, and the application of such provision or section to
other persons or circumstances, shall not be affected thereby.
Section 22. Repealing Clause. All laws, decrees, executive orders, rules and
regulations or parts thereof, including the relevant provisions of Republic Act No.
1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791, as
amended and other similar laws, as are inconsistent with this Act, are hereby
repealed, amended or modified accordingly.
31 | P a g e
Section 23. Effectivity. This Act shall take effect fifteen (15) days after its complete Republic of the Philippines
publication in the Official Gazette or in at least two (2) national newspapers of general CONGRESS OF THE PHILIPPINES
circulation. Metro Manila

The provisions of this Act shall not apply to deposits and investments made prior to Fifteenth Congress
its effectivity. Third Regular Session

Approved. REPUBLIC ACT NO. 10365

AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW,

AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9160, OTHERWISE
KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF 2001, AS AMENDED

Section 1. Section 3(a) of Republic Act No. 9160, as amended, is hereby amended
to read as follows:

"(a) Covered persons, natural or juridical, refer to:

"(1) banks, non-banks, quasi-banks, trust entities, foreign

exchange dealers, pawnshops, money changers, remittance and
transfer companies and other similar entities and all other
persons and their subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng Pilipinas (BSP);

"(2) insurance companies, pre-need companies and all other

persons supervised or regulated by the Insurance Commission
(IC);

"(3) (i) securities dealers, brokers, salesmen, investment houses

and other similar persons managing securities or rendering
services as investment agent, advisor, or consultant, (ii) mutual
funds, close-end investment companies, common trust funds,
and other similar persons, and (iii) other entities administering or
otherwise dealing in currency, commodities or financial
derivatives based thereon, valuable objects, cash substitutes and
other similar monetary instruments or property supervised or
regulated by the Securities and Exchange Commission (SEC);

32 | P a g e
"(4) jewelry dealers in precious metals, who, as a business, trade
in precious metals, for transactions in excess of One million
pesos (P1,000,000.00);
"(5) jewelry dealers in precious stones, who, as a business, trade
in precious stones, for transactions in excess of One million
pesos (P1,000,000.00);
"(6) company service providers which, as a business, provide any
of the following services to third parties: (i) acting as a formation
agent of juridical persons; (ii) acting as (or arranging for another
person to act as) a director or corporate secretary of a company,
a partner of a partnership, or a similar position in relation to other
juridical persons; (iii) providing a registered office, business
address or accommodation, correspondence or administrative
address for a company, a partnership or any other legal person
or arrangement; and (iv) acting as (or arranging for another
person to act as) a nominee shareholder for another person; and
"(7) persons who provide any of the following services:
lawyers and accountants are authorized to practice in
the Philippines and shall continue to be subject to the
provisions of their respective codes of conduct and/or
professional responsibility or any of its amendments."
Section 2. Section 3(i) of the same Act is hereby amended to read as follows:
"(i) Unlawful activity refers to any act or omission or series or combination
thereof involving or having direct relation to the following:
"(1) Kidnapping for ransom under Article 267 of Act No. 3815,
otherwise known as the Revised Penal Code, as amended;
"(2) Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic
Act No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002;
"(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No.
3019, as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act;

(i) managing of client money, securities or other assets;

"(4) Plunder under Republic Act No. 7080, as amended;

(ii) management of bank, savings or securities

"(5) Robbery and extortion under Articles 294, 295, 296, 299, 300,
accounts;
301 and 302 of the Revised Penal Code, as amended;

(iii) organization of contributions for the creation,

"(6) Jueteng and Masiao punished as illegal gambling under
operation or management of companies; and
Presidential Decree No. 1602;

(iv) creation, operation or management of juridical

"(7) Piracy on the high seas under the Revised Penal Code, as
persons or arrangements, and buying and selling
amended and Presidential Decree No. 532;
business entities.
"(8) Qualified theft under Article 310 of the Revised Penal Code,
"Notwithstanding the foregoing, the term covered
as amended;
persons shall exclude lawyers and accountants acting
as independent legal professionals in relation to
information concerning their clients or where disclosure "(9) Swindling under Article 315 and Other Forms of Swindling
of information would compromise client confidences or under Article 316 of the Revised Penal Code, as amended;
the attorney-client relationship: Provided, That these

33 | P a g e
"(10) Smuggling under Republic Act Nos. 455 and 1937;
"(11) Violations of Republic Act No. 8792, otherwise known as the
Electronic Commerce Act of 2000;
"(12) Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the Revised
Penal Code, as amended;
"(13) Terrorism and conspiracy to commit terrorism as defined
and penalized under Sections 3 and 4 of Republic Act No. 9372;
"(14) Financing of terrorism under Section 4 and offenses
punishable under Sections 5, 6, 7 and 8 of Republic Act No.
10168, otherwise known as the Terrorism Financing Prevention
and Suppression Act of 2012:
"(15) Bribery under Articles 210, 211 and 211-A of the Revised
Penal Code, as amended, and Corruption of Public Officers under
Article 212 of the Revised Penal Code, as amended;
"(16) Frauds and Illegal Exactions and Transactions under
Articles 213, 214, 215 and 216 of the Revised Penal Code, as
amended;
"(17) Malversation of Public Funds and Property under Articles
217 and 222 of the Revised Penal Code, as amended;
"(18) Forgeries and Counterfeiting under Articles 163, 166, 167,
168, 169 and 176 of the Revised Penal Code, as amended;
"(19) Violations of Sections 4 to 6 of Republic Act No. 9208,
otherwise known as the Anti-Trafficking in Persons Act of 2003;
"(20) Violations of Sections 78 to 79 of Chapter IV, of Presidential
Decree No. 705, otherwise known as the Revised Forestry Code
of the Philippines, as amended;
"(21) Violations of Sections 86 to 106 of Chapter VI, of Republic
Act No. 8550, otherwise known as the Philippine Fisheries Code
of 1998;
"(22) Violations of Sections 101 to 107, and 110 of Republic Act
No. 7942, otherwise known as the Philippine Mining Act of 1995;
"(23) Violations of Section 27(c), (e), (f), (g) and (i), of Republic
Act No. 9147, otherwise known as the Wildlife Resources
Conservation and Protection Act;
"(24) Violation of Section 7(b) of Republic Act No. 9072, otherwise
known as the National Caves and Cave Resources Management
Protection Act;
"(25) Violation of Republic Act No. 6539, otherwise known as the
Anti-Carnapping Act of 2002, as amended;
"(26) Violations of Sections 1, 3 and 5 of Presidential Decree No.
1866, as amended, otherwise known as the decree Codifying the
Laws on Illegal/Unlawful Possession, Manufacture, Dealing In,
Acquisition or Disposition of Firearms, Ammunition or Explosives;
"(27) Violation of Presidential Decree No. 1612, otherwise known
as the Anti-Fencing Law;
"(28) Violation of Section 6 of Republic Act No. 8042, otherwise
known as the Migrant Workers and Overseas Filipinos Act of
1995, as amended by Republic Act No. 10022;
"(29) Violation of Republic Act No. 8293, otherwise known as the
Intellectual Property Code of the Philippines;
"(30) Violation of Section 4 of Republic Act No. 9995, otherwise
known as the Anti-Photo and Video Voyeurism Act of 2009;
"(31) Violation of Section 4 of Republic Act No. 9775, otherwise
known as the Anti-Child Pornography Act of 2009;
34 | P a g e
 "(32) Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12
and 14 of Republic Act No. 7610, otherwise known as the Special
Protection of Children Against Abuse, Exploitation and
Discrimination;
"(33) Fraudulent practices and other violations under Republic
Act No. 8799, otherwise known as the Securities Regulation
Code of 2000; and
"(34) Felonies or offenses of a similar nature that are punishable
under the penal laws of other countries."
Section 3. Section 3 of the same Act shall have new paragraphs (j) and (k).
"(j) Precious metals shall mean gold, silver, platinum, palladium, rhodium,
ruthenium, iridium and osmium. These include alloys of precious metals,
solders and plating chemicals such as rhodium and palladium plating
solutions and potassium gold cyanide and potassium silver cyanide and
silver cyanide in salt solution.
"(k) Precious stones shall mean diamond, ruby, emerald, sapphire, opal,
amethyst, beryl, topaz, and garnet that are used in jewelry making, including
those formerly classified as semi-precious stones."
Section 4. Section 4 of the same Act is hereby amended to read as follows:
"SEC. 4. Money Laundering Offense. Money laundering is committed by
any person who, knowing that any monetary instrument or property
represents, involves, or relates to the proceeds of any unlawful activity:
"(a) transacts said monetary instrument or property;
"(b) converts, transfers, disposes of, moves, acquires, possesses
or uses said monetary instrument or property;
"(c) conceals or disguises the true nature, source, location,
disposition, movement or ownership of or rights with respect to
said monetary instrument or property;
"(d) attempts or conspires to commit money laundering offenses
referred to in paragraphs (a), (b) or (c);
"(e) aids, abets, assists in or counsels the commission of the
money laundering offenses referred to in paragraphs (a), (b) or
(c) above; and
"(f) performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in
paragraphs (a), (b) or (c) above.
"Money laundering is also committed by any covered person who, knowing
that a covered or suspicious transaction is required under this Act to be
reported to the Anti-Money Laundering Council (AMLC), fails to do so."
Section 5. Section 6(a) of the same Act is hereby amended to read as follows:
"SEC. 6. Prosecution of Money Laundering.
"(a) Any person may be charged with and convicted of both the
offense of money laundering and the unlawful activity as herein
defined.
"(b) The prosecution of any offense or violation under this Act
shall proceed independently of any proceeding relating to the
unlawful activity."
Section 6. Section 7 of the same Act is hereby amended to read as follows:
"SEC. 7. Creation of Anti-Money Laundering Council (AMLC). The Anti-
Money Laundering Council is hereby created and shall be composed of the
Governor of the Bangko Sentral ng Pilipinas as Chairman, the
Commissioner of the Insurance Commission and the Chairman of the
Securities and Exchange Commission, as members. The AMLC shall act
unanimously in the discharge of its functions as defined hereunder:
"x x x
35 | P a g e
 "(6) to apply before the Court of Appeals, ex parte, for the freezing of any
monetary instrument or property alleged to be laundered, proceeds from,
or instrumentalities used in or intended for use in any unlawful activity as
defined in Section 3(i) hereof;
"x x x
"(12) to require the Land Registration Authority and all its Registries of
Deeds to submit to the AMLC, reports on all real estate transactions
involving an amount in excess of Five hundred thousand pesos
(P500,000.00) within fifteen (15) days from the date of registration of the
transaction, in a form to be prescribed by the AMLC. The AMLC may also
require the Land Registration Authority and all its Registries of Deeds to
submit copies of relevant documents of all real estate transactions."
Section 7. Section 9(c), paragraphs 1 and 4 of the same Act are hereby amended to
read as follows:
"SEC. 9. Prevention of Money Laundering; Customer Identification
Requirements and Record Keeping.
"(a) x x x
"(b) x x x
"(c) Reporting of Covered and Suspicious Transactions. Covered persons
shall report to the AMLC all covered transactions and suspicious
transactions within five (5) working days from occurrence thereof, unless
the AMLC prescribes a different period not exceeding fifteen (15) working
days.
"Lawyers and accountants acting as independent legal professionals are
not required to report covered and suspicious transactions if the relevant
information was obtained in circumstances where they are subject to
professional secrecy or legal professional privilege.
"x x x
"x x x
"When reporting covered or suspicious transactions to the AMLC, covered
persons and their officers and employees are prohibited from
communicating, directly or indirectly, in any manner or by any means, to
any person or entity, the media, the fact that a covered or suspicious
transaction has been reported or is about to be reported, the contents of
the report, or any other information in relation thereto. Neither may such
reporting be published or aired in any manner or form by the mass media",
electronic mail, or other similar devices. In case of violation thereof, the
concerned officer and employee of the covered person and media shall be
held criminally liable."
Section 8. Section 10 of the same Act, as amended by Republic Act No. 10167, is
hereby amended to read as follows:
"SEC. 10. Freezing of Monetary Instrument or Property. Upon a
verified ex parte petition by the AMLC and after determination that probable
cause exists that any monetary instrument or property is in any way related
to an unlawful activity as defined in Section 3(i) hereof, the Court of Appeals
may issue a freeze order which shall be effective immediately, and which
shall not exceed six (6) months depending upon the circumstances of the
case: Provided, That if there is no case filed against a person whose
account has been frozen within the period determined by the court, the
freeze order shall be deemed ipso facto lifted: Provided, further, That this
new rule shall not apply to pending cases in the courts. In any case, the
court should act on the petition to freeze within twenty-four (24) hours from
filing of the petition. If the application is filed a day before a nonworking day,
the computation of the twenty-four (24)-hour period shall exclude the
nonworking days.
"A person whose account has been frozen may file a motion to lift the freeze
order and the court must resolve this motion before the expiration of the
freeze order.
"No court shall issue a temporary restraining order or a writ of injunction
against any freeze order, except the Supreme Court."
Section 9. Section 12 of the same Act is hereby amended to read as follows:
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"(a) Civil Forfeiture. Upon determination by the AMLC that probable cause
exists that any monetary instrument or property is in any way related to an
unlawful activity as defined in Section 3(i) or a money laundering offense
under Section 4 hereof, the AMLC shall file with the appropriate court
through the Office of the Solicitor General, a verified ex parte petition for
forfeiture, and the Rules of Court on Civil Forfeiture shall apply.
"The forfeiture shall include those other monetary instrument or property
having an equivalent value to that of the monetary instrument or property
found to be related in any way to an unlawful activity or a money laundering
offense, when with due diligence, the former cannot be located, or it has
been substantially altered, destroyed, diminished in value or otherwise
rendered worthless by any act or omission, or it has been concealed,
removed, converted, or otherwise transferred, or it is located outside the
Philippines or has been placed or brought outside the jurisdiction of the
court, or it has been commingled with other monetary instrument or property
belonging to either the offender himself or a third person or entity, thereby
rendering the same difficult to identify or be segregated for purposes of
forfeiture.
"(b) Claim on Forfeited Assets. Where the court has issued an order of
forfeiture of the monetary instrument or property in a criminal prosecution
for any money laundering offense defined under Section 4 of this Act, the
offender or any other person claiming an interest therein may apply, by
verified petition, for a declaration that the same legitimately belongs to him
and for segregation or exclusion of the monetary instrument or property
corresponding thereto. The verified petition shall be filed with the court
which rendered the judgment of forfeiture, within fifteen (15) days from the
date of the finality of the order of forfeiture, in default of which the said order
shall become final and executor. This provision shall apply in both civil and
criminal forfeiture.
"(c) Payment in Lieu of Forfeiture. Where the court has issued an order
of forfeiture of the monetary instrument or property subject of a money
laundering offense defined under Section 4, and said order cannot be
enforced because any particular monetary instrument or property cannot,
with due diligence, be located, or it has been substantially altered,
destroyed, diminished in value or otherwise rendered worthless by any act
or omission, directly or indirectly, attributable to the offender, or it has been
concealed, removed, converted, or otherwise transferred to prevent the
same from being found or to avoid forfeiture thereof, or it is located outside
the Philippines or has been placed or brought outside the jurisdiction of the
court, or it has been commingled with other monetary instruments or
property belonging to either the offender himself or a third person or entity,
thereby rendering the same difficult to identify or be segregated for
purposes of forfeiture, the court may, instead of enforcing the order of
forfeiture of the monetary instrument or property or part thereof or interest
therein, accordingly order the convicted offender to pay an amount equal to
the value of said monetary instrument or property. This provision shall apply
in both civil and criminal forfeiture."
Section 10. Section 14 of the same Act, as amended, is hereby further amended to
read as follows:
"SEC. 14. Penal Provisions. (a) Penalties for the Crime of Money
Laundering. The penalty of imprisonment ranging from seven (7) to fourteen
(14) years and a fine of not less than Three million Philippine pesos
(Php3,000,000.00) but not more than twice the value of the monetary
instrument or property involved in the offense, shall be imposed upon a
person convicted under Section 4(a), (b), (c) and (d) of this Act.
"The penalty of imprisonment from four (4) to seven (7) years and a fine of
not less than One million five hundred thousand Philippine pesos
(Php1,500,000.00) but not more than Three million Philippine pesos
(Php3,000,000.00), shall be imposed upon a person convicted under
Section 4(e) and (f) of this Act.
"The penalty of imprisonment from six (6) months to four (4) years or a fine
of not less than One hundred thousand Philippine pesos (Php100,000.00)
but not more than Five hundred thousand Philippine pesos
(Php500,000.00), or both, shall be imposed on a person convicted under
the last paragraph of Section 4 of this Act.
"(b) x x x
"(c) x x x
"(d) x x x
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 "(e) The penalty of imprisonment ranging from four (4) to seven (7) years
and a fine corresponding to not more than two hundred percent (200%) of
the value of the monetary instrument or property laundered shall be
imposed upon the covered person, its directors, officers or pesonnel who
knowingly participated in the commission of the crime of money laundering.
"(f) Imposition of Administrative Sanctions. The imposition of the
administrative sanctions shall be without prejudice to the filing of criminal
charges against the persons responsible for the violation.
"After due notice and hearing, the AMLC shall, at its discretion, impose
sanctions, including monetary penalties, warning or reprimand, upon any
covered person, its directors, officers, employees or any other person for
the violation of this Act, its implementing rules and regulations, or for failure
or refusal to comply with AMLC orders, resolutions and other issuances.
Such monetary penalties shall be in amounts as may be determined by the
AMLC to be appropriate, which shall not be more than Five hundred
thousand Philippine pesos (P500,000.00) per violation.1wphi1
or existing agreements shall be construed to allow the AMLC to participate
in any manner in the operations of the BIR."
"SEC. 21. The authority to inquire into or examine the main account and the
related accounts shall comply with the requirements of Article III, Sections
2 and 3 of the 1987 Constitution, which are hereby incorporated by
reference. Likewise, the constitutional injunction against ex post facto laws
and bills of attainder shall be respected in the implementation of this Act."
Section 12. The succeeding sections are hereby renumbered accordingly.
Section 13. Separability Clause. If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.
Section 14. Repealing Clause. All laws, decrees, orders, and issuances or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed,
amended or modified accordingly.

"The AMLC may promulgate rules on fines and penalties taking into
Section 15. Effectivity. This Act shall take effect fifteen (15) days following its
consideration the attendant circumstances, such as the nature and gravity
publication in at least two (2) national newspapers of general circulation.
of the violation or irregularity.
Approved.
"(g) The provision of this law shall not be construed or implemented in a
manner that will discriminate against certain customer types, such as
politically-exposed persons, as well as their relatives, or against a certain
religion, race or ethnic origin, or such other attributes or profiles when used
as the only basis to deny these persons access to the services provided by
the covered persons. Whenever a bank, or quasi-bank, financial institution
or whenever any person or entity commits said discriminatory act, the
person or persons responsible for such violation shall be subject to
sanctions as may be deemed appropriate by their respective regulators."

Section 11. New sections are hereby inserted after Section 19 of the same Act, as
amended, to read as follows:

"SEC. 20. Non-intervention in the Bureau of Internal Revenue (BIR)

Operations. Nothing contained in this Act nor in related antecedent laws

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REPUBLIC ACT No. 1405

AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH

ANY BANKING INSTITUTION AND PROVIDING PENALTY THEREFOR.

Section 1. It is hereby declared to be the policy of the Government to give

encouragement to the people to deposit their money in banking institutions and to
discourage private hoarding so that the same may be properly utilized by banks in
authorized loans to assist in the economic development of the country.

Section 2. All deposits of whatever nature with banks or banking institutions in the
Philippines including investments in bonds issued by the Government of the
Philippines, its political subdivisions and its instrumentalities, are hereby considered
as of an absolutely confidential nature and may not be examined, inquired or looked
into by any person, government official, bureau or office, except upon written per-
mission of the depositor, or in cases of impeachment, or upon order of a competent
court in cases of bribery or dereliction of duty of public officials. or in cases where the
money deposited or invested is the subject matter of the litigation

Section 3. It shall be unlawful for any official or employee of a banking institution to

disclose to any person other than those mentioned in Section two hereof any
information concerning said deposits.

Section 4. All Acts or parts of Acts, Special Charters, Executive Orders, Rules and
Regulations which are inconsistent with the provisions of this Act are hereby repealed.

Section 5. Any violation of this law will subject offender upon conviction, to an
imprisonment of not more than five years or a fine of not more than twenty thousand
pesos or both, in the discretion of the court.

Section 6. This Act shall take effect upon its approval.

Approved

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