CHR-LAWS.doc

Q & A: Magna Carta of Women (Republic Act No. 9710)Release Date: Monday, March 15, 2010

What is Magna Carta of Women (Republic Act No. 9710)?

The Magna Carta of Women is comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in marginalized sector.

What is discrimination against women?

The Magna Carta of Women defines discrimination against women as:

• any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field;

• any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges;

• a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of

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opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and

• discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion.

What are the rights of women guaranteed under the Magna Carta of Women?

All rights in the Philippine Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine laws shall be rights of women under the Magna Carta of Women. These rights shall be enjoyed without discrimination since the law prohibits discrimination against women, whether done by public and private entities or individuals.

The Magna Carta of Women also spells out every woman's right to:  •  Protection from all forms of violence, including those committed by the State. This includes the incremental increase in the recruitment and training of women in government services that cater to women victims of gender-related offenses. It also ensures mandatory training on human rights and gender sensitivity to all government personnel involved in  the protection and defense of women against gender-based violence, and mandates local government units to establish a Violence Against Women Desk in every barangay to address violence against women cases; •  Protection and security in times of disaster, calamities and other crisis situations, especially in all phases of relief, recovery, rehabilitation and construction efforts, including

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protection from sexual exploitation and other sexual and gender-based violence.  •  Participation and representation, including undertaking temporary special measures and affirmative actions to accelerate and ensure women's equitable participation and representation in the third level civil service, development councils and planning bodies, as well as political parties and international bodies, including the private sector.  •  Equal treatment before the law, including the State's review and when necessary amendment or repeal of existing laws that are discriminatory to women;  •  Equal access and elimination of discrimination against women in education, scholarships and training. This includes revising educational materials and curricula to remove gender stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting enrollment and other related discrimination against women students and faculty due to pregnancy outside of marriage;  •  Equal participation in sports. This includes measures to ensure that gender-based discrimination in competitive and non-competitive sports is removed so that women and girls can benefit from sports development;  •  Non-discrimination in employment in the field of military, police and other similar services. This includes according the same promotional privileges and opportunities as their men counterpart, including pay increases, additional benefits, and awards, based on competency and quality of performance. The dignity of women in the military, police and other similar services shall always be respected, they shall be accorded with the same capacity as men to act in and enter into contracts, including

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marriage, as well as be entitled to leave benefits for women such as maternity leave, as provided for in existing laws; •  Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the general public in recognizing the dignity of women and the role and contribution of women in family, community, and the society through the strategic use of mass media;  •  Comprehensive health services and health information and education covering all stages of  a woman's life cycle, and which addresses the major causes of women's mortality and morbidity, including access to among others,  maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging healthy lifestyle activities to prevent diseases;  •  Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months;  •  Equal rights in all matters relating to marriage and family relations. The State shall ensure the same rights of women and men to: enter into and leave marriages, freely choose a spouse, decide on the number and spacing of their children, enjoy personal rights including the choice of a profession, own, acquire, and administer their property, and acquire, change, or retain their nationality. It also states that the betrothal and marriage of a child shall have no legal effect. The Magna Carta of Women also guarantees the civil, political and economic rights of women in the marginalized sectors, particularly their right to:  

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•  Food security and resources for food production, including equal rights in the titling of the land and issuance of stewardship contracts and patents;  •  Localized, accessible, secure and affordable housing;  •  Employment, livelihood, credit, capital and technology;  •  Skills training, scholarships, especially in research and development aimed towards women friendly farm technology;  •  Representation and participation in policy-making or decisionmaking bodies in the regional, national, and international levels;  •  Access to information regarding policies on women, including programs, projects and funding outlays that affect them;  •  Social protection; •  Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are not discriminatory to women;  •  Inclusion in discussions on peace and development; •  Services and interventions for women in especially difficult circumstances or WEDC;  •  Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development; and  •  Protection of women senior citizens.  

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The Magna Carta of Women defines the marginalized sectors as those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing security, physical infrastructure and the justice system. These include, but are not limited to women in the following sectors or groups: Small farmers and rural workers, Fisherfolk, Urban poor, Workers in the formal economy, Workers in the informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior citizens, Persons with disabilities, and Solo parents.  How can Filipino women living abroad benefit from this law?  Statistics show that more and more Filipino women are migrating for overseas employment. In many places, women migrant workers have limited legal protections or access to information about their rights, rendering them vulnerable to gender-specific discrimination, exploitation and abuse. Section 37 of the Magna Carta of Women mandates the designation of a gender focal point in the consular section of Philippine embassies or consulates. The said officer who shall be trained on Gender and Development shall be primarily responsible in handling gender concerns of women migrant workers, especially those in distress. Other agencies (e.g. the Department of Labor and Employment and the Department of Social Welfare and Development) are also mandated to cooperate in strengthening the Philippine foreign posts' programs for the delivery of services to women migrant workers, consistent with the one-country team approach in Foreign Service.  Who will be responsible for implementing the Magna Carta of Women?  

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The State, the private sector, society  in general, and all individuals shall contribute to the recognition, respect and promotion of the rights of women defined and guaranteed in the Magna Carta of Women. The Philippine Government shall be the primary duty-bearer in implementing the said law. This means that all government offices,  including local government units and government-owned and controlled corporations shall be responsible to implement the provisions of Magna Carta of Women that falls within their mandate, particularly those that  guarantee rights of women that require specific action from the State. As the primary duty-bearer, the Government is tasked to:  •  refrain from discriminating against women and violating their rights;  •  protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; •  promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination. The Government shall fulfill these  duties through the development and implementation of laws, policies,regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures. It shall also establish mechanisms to promote the coherent and integrated implementation of the Magna Carta of Women and other related laws and policies to effectively stop discrimination against Filipino women. What are the specific responsibilities of government under the Magna Carta of Women? The Magna Carta of Women mandates all government offices, including government-owned and controlled corporations and local government units to adopt gender mainstreaming as a strategy for implementing the law and attaining its objectives. It

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also mandates (a) planning, budgeting, monitoring and evaluation for gender and development, (b) the creation and/or strengthening of gender and development focal points, and (c) the generation and maintenance of gender statistics and sex-disaggregated databases to aid in planning, programming and policy formulation.  Under this law, the National Commission on the Role of Filipino Women which will be renamed as the Philippine Commission on Women (PCW) shall be the overall monitoring and oversight body to ensure the implementation of the law. As an agency under the Office of the President of the Philippines, it will be the primary policy-making and coordinating body for women and gender equality concerns and shall lead in ensuring that government agencies are capacitated on the effective implementation of the Magna Carta of Women.  Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development Ombud to ensure the promotion and protection of women's human rights. The Commission on Audit shall conduct an annual audit on the government offices' use of their gender and development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues. Local government units are also encouraged to develop and pass a gender and development code to address the issues and concerns of women in their respective localities based on consultation with their women constituents.  What are the penalties of violators?  If the violation is committed by a government agency or any government office, including government-owned and controlled corporations and local government units, the person directly responsible for the violation, as well as the head of the agency or local chief executive shall be held liable under the Magna Carta of

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Women. The sanctions under administrative law, civil service or other appropriate laws shall be recommended by the Commission on Human Rights to the Civil Service Commission and the Department of the Interior and Local Government.   Further, in cases where violence has been proven to be perpetrated by agents of the State, such shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses.  If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages. Further, the offended party can also pursue other remedies available under the law and can invoke any of the other provisions of existing laws, especially those that protect the rights of women.  How will the implementation of the Magna Carta of Women be funded?  The Magna Carta of Women provides that the State agencies should utilize their gender and development budgets for programs and activities to implement its provisions. Funds necessary for the implementation of the Magna Carta of Women shall be charged against the current appropriations of the concerned agencies, and shall be included in their annual budgets for the succeeding years.  The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively fulfill its obligations under the said law.  When is the effectivity of the Magna Carta of Women?  

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The Magna Carta of Women shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Who will formulate the Implementing Rules and Regulations?  The Philippine Commission on Women, in coordination with the Commission on Human Rights and all concerned departments and agencies including, as observers, both Houses of Congress, and with the participation of representatives from non-government organizations and civil society groups shall formulate the implementing rules and regulations of the Magna Carta of Women within one hundred eighty (180) days after its effectivity.  

Full Text of Anti-Torture Act of 2009

Posted by Oli Reyes on November 16, 2009

President Arroyo signed into law last 10 November 2009, Republic Act

No. 9745, known as the “Anti-Torture Act of 2009“. It is a remarkable law

in many respects, and one that should be counted as a step towards the right

direction. For example, it classifies the practice of waterboarding as torture

(See Section 4[a][5]); and one remembers the considerable debate in the

United States during the Bush Administration whether the practice was

indeed torture.

What you see below is the full text of the Anti-Torture Act of 2009, as taken

from the House/Senate Bill that was submitted to the President for signature

last October 15. A PDF copy of the bill is also available on the website of

the House of Representatives.

Full text of the Anti-Torture Act of 2009 after the jump.

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AN ACT PENALIZING THE COMMISSION OF ACTS OF TORTURE AND

OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR

PUNISHMENT, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER

PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Anti-Torture Act of

2009”.

SEC. 2. Statement of Policy. – It is hereby declared the policy of the State:

(a) to value the dignity of every human person and guarantee full respect for

human rights;

(b) to ensure that the rights of all persons, including suspects, detainees and

prisoners are respected at all times; that no person placed

under investigation or held in custody by any person in authority or agent of

a person in authority shall be subjected to torture, physical harm, force,

violence, threat or intimidation or any act that impairs his/her free will; and

that secret detention places, solitary, incommunicado or other similar forms

of detention, where torture may be carried out with impunity, are hereby

prohibited; and

(c) to fully adhere to the principles and standards on the

absolute condemnation and prohibition of torture set by the 1987

Philippine Constitution and various international instruments, such as the

International Covenant on Civil and Political Rights (ICCPR), the Convention

on the Rights of the Child (CRC), the Convention on the Elimination of All

Forms of Discrimination Against Women (CEDAW) and the Convention

Against Torture and Other Cruel, Inhuman and Degrading Treatment or

Punishment (CAT), to which the Philippines is a State party.

SEC. 3. Definitions. – For purposes of this Act, the following terms shall

mean:

(a) “Torture” refers to an act by which severe pain or suffering, whether

physical or mental, is intentionally inflicted on a person for such purposes as

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obtaining from him/her or a third person information or a confession;

punishing him/her for an act he/she or a third person has committed or is

suspected of having committed; or intimidating or coercing him/her or a third

person; or for any reason based on discrimination of any kind, when such

pain or suffering is inflicted by or at the instigation of or with the consent or

acquiescence of a person in authority or agent of a person in authority. It

does not include pain or suffering arising only from, inherent in or incidental

to lawful sanctions.

(b) “Other cruel, inhuman and degrading treatment or punishment” refers to

a deliberate and aggravated treatment or punishment not enumerated under

Section 4 of this Act, inflicted by a person in authority or agent of a person in

authority against a person under his/her custody, which attains a level of

severity causing suffering, gross humiliation or debasement to the latter.

(c) “Victim” refers to the person subjected to torture or other cruel, inhuman

and degrading treatment or punishment as defined above and any individual

who has suffered harm as a result of any act(s) of torture, or other cruel,

inhuman and degrading treatment or punishment.

(d) “Order of Battle” refers to a document made by the military, police or any

law enforcement agency of the government, listing the names of persons and

organizations that it perceives to be enemies of the State and that it

considers as legitimate targets as combatants that it could deal with, through

the use of means allowed by domestic and international law.

SEC. 4. Acts of Torture. – For purposes of this Act, torture shall include, but

not be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person

in authority or agent of a person in authority upon another in his/her custody

that causes severe pain, exhaustion, disability or dysfunction of one or more

parts of the body, such as:

1. systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach;

2. food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;

3. electric shock;

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4. cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s);

5. the submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;

6. being tied or forced to assume fixed and stressful bodily position;7. rape and sexual abuse, including the insertion of foreign bodies

into the sex organ or rectum, or electrical torture of the genitals;8. mutilation or amputation of the essential parts of the body such as the

genitalia, ear, tongue, etc.;9. dental torture or the forced extraction of the teeth;10.pulling out of fingernails;11.harmful exposure to the elements such as sunlight and extreme cold;12.the use of plastic bag and other materials placed over the head to the

point of asphyxiation;13.the use of psychoactive drugs to change the perception,

memory, alertness or will of a person, such as: (i) the administration of drugs to induce confession and/or reduce mental competency; or (ii) the use of drugs to induce extreme pain or certain symptoms of a disease; and

14.other analogous acts of physical torture; and

(b) Mental/Psychological torture refers to acts committed by a person in

authority or agent of a person in authority which are calculated to affect

or confuse the mind and/or undermine a person’s dignity and morale, such

as:

1. blindfolding;2. threatening a person(s) or his/her relative(s) with bodily

harm, execution or other wrongful acts;3. confinement in solitary cells or secret detention places;4. prolonged interrogation;5. preparing a prisoner for a “show trial”, public display or

publichumiliation of a detainee or prisoner;6. causing unscheduled transfer of a person deprived of liberty from one

place to another, creating the belief that he/she shall be summarily executed;

7. maltreating a member/s of a person’s family;8. causing the torture sessions to be witnessed by the person’s

family, relatives or any third party;9. denial of sleep/rest;10.shame infliction such as stripping the person naked, parading him/her

in public places, shaving the victim’s head or putting marks on his/her body against his/her will;

11.deliberately prohibiting the victim to communicate with any member of his/her family; and

12.other analogous acts of mental/psychological torture.

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SEC. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. –

Other cruel, inhuman or degrading treatment or punishment refers to a

deliberate and aggravated treatment or punishment not enumerated under

Section 4 of this Act, inflicted by a person in authority or agent of a person in

authority against another person in custody, which attains a level of

severity sufficient to cause suffering, gross humiliation or debasement to

the latter. The assessment of the level of severity shall depend on all

the circumstances of the case, including the duration of the treatment

or punishment, its physical and mental effects and, in some cases, the

sex, religion, age and state of health of the victim.

SEC. 6. Freedom from Torture as a Nonderogable Right. – Torture is hereby

declared a criminal act. No exceptional circumstances whatsoever, whether a

state of war or a threat of war, internal political instability or any other public

emergency, may be invoked as a justification for torture. An “Order of Battle”

or any order from a superior officer or public authority shall not be invoked as

a justification for the commission of torture.

SEC. 7. Exclusionary Rule. – Any confession, admission or

statement obtained as a result of torture shall not be invoked as evidence in

any proceedings, except against a person accused of torture as evidence that

said confession, admission or statement was made.

SEC. 8. Protection of Persons Involved in the Investigation and Prosecution of

Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. –

Any individual who alleges that he/she has been subjected to torture and

other cruel, inhuman and degrading treatment or punishment shall have the

right to complain to and to have his/her case promptly and

impartially examined by competent authorities. The State through its

appropriate agencies shall ensure the safety of the

complainant or victim and all other persons involved in the investigation

and prosecution of cases of torture and other cruel, inhuman and

degrading treatment or punishment such as the legal counsel, witnesses,

relatives of the victims, representatives of human rights organizations and

media. They shall be entitled to the Witness Protection, Security and Benefit

Program, as provided under Republic Act No. 6981, and other laws, rules and

regulations. They shall be protected from ill-treatment and any act of

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intimidation or reprisal as a result of the complaint or filing of charges. Any

person committing such acts shall be punished under existing laws.

SEC. 9. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data

Proceedings and Compliance with a Judicial Order. – A writ of habeas corpus

or writ of amparo or writ of habeas data proceeding, if any, filed on behalf of

the victim of torture or other cruel, degrading and inhuman treatment or

punishment shall be disposed of expeditiously and any order of release

by virtue thereof, or other appropriate order of a court relative thereto, shall

be executed or complied with immediately.

SEC. 10. Assistance in Filing a Complaint. – The Commission on Human

Rights of the Philippines (CHRP) and the Public Attorney’s Office (PAO) shall

render legal assistance in the investigation and monitoring and/or filing of the

complaint for a person who suffers torture and other cruel, inhuman and

degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from

the Barangay Human Rights Action Center nearest him/her as well as from

human rights nongovernment organizations (NGOs).

SEC. 11. Right to Physical and Psychological Examination. – Before and after

interrogation, every person arrested, detained or under

custodial investigation shall have the right to be informed of his/her right to

demand a physical examination by an independent and competent doctor of

his/her own choice. If such person cannot afford the services of his/her own

doctor, he/she shall be provided by the State with a competent and

independent doctor to conduct physical examination. The State shall

endeavour to provide the victim with psychological evaluation if available

under the circumstances. If the person arrested is a female, she shall be

attended to preferably by a female doctor. Furthermore, any person arrested,

detained or under custodial investigation shall have the right to immediate

access to quality medical treatment.

The physical examination and/or psychological evaluation of the victim shall

be contained in a medical report which shall include in detail his/her medical

history and findings, and which shall be attached to the

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custodial investigation report. Following applicable protocol agreed upon by

agencies, medical reports shall, among others, include the following:

(a) The name, age and address of the patient;

(b) The name and address of the nearest of kin of the patient;

(c) The name and address of the person who brought the patient to a hospital

clinic or to a health care practitioner for physical and

psychological examination;

(d) The nature and probable cause of the patient’s injuries and trauma;

(e) The approximate time and date when the injury and/or trauma

was sustained;

(f) The place where the injury and/or trauma was sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this provision may

knowingly and voluntarily waive such rights in writing, executed in

the presence and assistance of his/her counsel.

SEC. 12. Criminal Liability. – Any person who actually participated or induced

another in the commission of torture or other cruel, inhuman and degrading

treatment or punishment or who cooperated in the execution of the act of

torture by previous or simultaneous acts shall be liable as principal.

Any superior military, police or law enforcement officer or senior government

official who issued an order to a lower ranking personnel to subject a victim

to torture or other cruel, inhuman and degrading treatment or punishment

for whatever purpose shall be held equally liable as principal. Any public

officer or employee shall be liable as an accessory if he/she has knowledge

that torture or other cruel, inhuman and degrading treatment or punishment

is being committed and without having participated therein, either as

principal or accomplice, takes part subsequent to its commission in any of the

following manner:

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(a) By themselves profiting from or assisting the offender to profit from the

effects of the act of torture or other cruel, inhuman and degrading treatment

or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading

treatment or punishment and/or destroying the effects or instruments thereof

in order to prevent its discovery; or

(c) By harboring, concealing or assisting in the escape of the principal/s in the

act of torture or other cruel, inhuman and degrading treatment or

punishment: Provided, That the accessory acts are done with the abuse

of the official’s public functions.

SEC. 13. Liability of Commanding Officer or Superior. – The immediate

superior of the unit concerned of the Armed Forces of the Philippines or the

equivalent senior official of the offender shall be held accountable for

“neglect of duty” under the doctrine of “command responsibility” if he/she

has knowledge of or, owing to the circumstances at the time, should have

known that acts of torture or other cruel, inhuman and degrading treatment

or punishment shall be committed, is being committed or has been

committed by his/her subordinates or by others within his/her area

of responsibility and, despite such knowledge, did not take preventive

or corrective action either before, during or immediately after its

commission, when he/she has the authority to prevent or investigate

allegations of torture or other cruel, inhuman and degrading treatment or

punishment but failed to prevent or investigate allegations of such act,

whether deliberately or due to negligence, shall, without prejudice to criminal

liability, be held administratively liable under the principle of command

responsibility.

SEC. 14. Penalties. – (a) The penalty of reclusion perpetua shall be imposed

upon the perpetrators of the following acts:

1. Torture resulting in the death of any person;2. Torture resulting in mutilation;3. Torture with rape;4. Torture with other forms of sexual abuse and, in consequence

of torture, the victim shall have become insane, imbecile, impotent, blind or maimed for life; and

5. Torture committed against children.

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(b) The penalty of reclusion temporal shall be imposed on those who commit

any act of mental/psychological torture resulting in insanity, complete or

partial amnesia, fear of becoming insane or suicidal tendencies of the

victim due to guilt, worthlessness or shame.

(c) The penalty of prision mayor in its medium and maximum periods shall be

imposed if, in consequence of torture, the victim shall have lost the power of

speech or the power to hear or to smell; or shall have lost an eye, a hand, a

foot, an arm or a leg; or shall have lost the use of any such member; or shall

have become permanently incapacitated for labor.

(d) The penalty of prision mayor in its minimum and medium periods shall be

imposed if, in consequence of torture, the victim shall have

become deformed or shall have lost any part of his/her body other than

those aforecited, or shall have lost the use thereof, or shall have been ill

or incapacitated for labor for a period of more than ninety (90) days.

(e) The penalty of prision correccional in its maximum period to prision mayor

in its minimum period shall be imposed if, in consequence of torture, the

victim shall have been ill or incapacitated for labor for more than thirty (30)

days but not more than ninety (90) days.

(f) The penalty of prision correccional in its maximum period shall be imposed

on the immediate officer who, either deliberately or by

inexcusable negligence, failed to do an act even if he/she has knowledge or,

owing to the circumstances at the time, should have known that acts of

torture or other cruel, inhuman or degrading treatment or punishment shall

be committed, is being committed or has been committed by his/her

subordinates or by others within his/her area of responsibility and, despite

such knowledge, did not take preventive or corrective action either before,

during or immediately after its commission, when he/she has the authority to

prevent or investigate allegations of torture or other cruel, inhuman and

degrading treatment or punishment.

(g) The penalty of prision correccional in its minimum and medium period

shall be imposed if, in consequence of torture, the victim shall have been ill

or incapacitated for labor for thirty (30) days or less.

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(h) The penalty of arresto mayor shall be imposed for acts constituting cruel,

inhuman or degrading treatment or punishment.

SEC. 15. Exclusion from the Coverage of Special Amnesty Law. – In order not

to depreciate the crime of torture, persons who have committed any act of

torture shall not benefit from any special amnesty law or similar measures

that will have the effect of exempting them from any criminal proceedings

and sanctions.

SEC. 16. Nonexclusivity or Double Jeopardy Under International Law. –

Notwithstanding the provisions of the foregoing section, any

investigation, trial and decision in any Philippine court or other agency for

any violation of this Act shall be without prejudice to any investigation, trial,

decision or any other legal or administrative process before the appropriate

international court or agency under applicable international human rights and

humanitarian laws.

SEC. 17. On Refouler. – No person shall be expelled, returned or extradited

to another State where there are substantial grounds for believing that such

person would be in danger of being subjected to torture and other cruel,

inhuman and degrading treatment or punishment.

For the purpose of determining whether there are such grounds,

the Secretary of Foreign Affairs and the Secretary of Justice, in coordination

with the Chairperson of the CHRP, shall take into account all

relevant considerations including, where applicable, the existence in the

requesting State of a consistent pattern of gross, flagrant or mass violations

of human rights.

SEC. 18. Compensation to Victims of Torture and Other Cruel, Inhuman and

Degrading Treatment or Punishment. – Any person who has suffered torture

or other cruel, inhuman and degrading treatment or punishment shall have

the right to claim for compensation as provided for under Republic Act No.

7309: Provided, That in no case shall the compensation be any lower

than Ten thousand pesos (P10,000.00). The victim shall also have the right

to claim for compensation from such other financial relief programs that may

be available to him/her.

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SEC. 19. Rehabilitation Program for Victims of Torture and Other Cruel,

Inhuman and Degrading Treatment or Punishment and of Offenders. – Within

one (1) year from the effectivity of this Act, the Department of Social Welfare

and Development (DSWD), together with the Department of Justice (DOJ) and

the Department of Health (DOH) and such other concerned government

agencies, shall formulate a comprehensive rehabilitation program for victims

of torture and their families. Toward the attainment of restorative justice, a

parallel rehabilitation program for persons who have committed

torture and other cruel, inhuman and degrading treatment or punishment

shall likewise be formulated by the same agencies.

SEC. 20. Monitoring of Compliance with this Act. – An oversight committee is

hereby created to periodically oversee the implementation of this Act. The

committee shall be headed by a commissioner of the CHRP, with

the following as members: an undersecretary of the DOJ, the chairperson of

the Senate Committee on Justice and Human Rights, the respective

chairpersons of the House of Representatives’ Committees on Justice and

Human Rights and the respective chairpersons of two (2) nationally organized

human rights NGOs, one of whose functions is the monitoring of cases of

torture and other

cruel, inhuman and degrading treatment or punishment.

SEC. 21. Education and Information Campaign. – The CHRP, the DOJ, the

Department of National Defense (DND), the Department of the Interior and

Local Government (DILG) and such other concerned parties in both the public

and private sectors shall ensure that education and information regarding the

prohibition against torture and other cruel, inhuman and

degrading treatment or punishment shall be fully included in the training of

law enforcement personnel, civil or military, medical personnel, public

officials and other persons who may be involved in the custody, interrogation

or treatment of any individual subjected to any form of arrest, detention

or imprisonment. The Department of Education (DepEd) and the Commission

on Higher Education (CHED) shall also ensure the integration of the right

against torture in human rights education courses in all primary, secondary

and tertiary level academic institutions nationwide.

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SEC. 22. Suppletory Applications. – The provisions of the Revised Penal Code

shall be suppletory to this Act.

SEC. 23. Appropriations. – The amount necessary for the

initial implementation of this Act shall be charged against the current

year’s appropriations of the CHRP and the DOJ. Thereafter, such sums as may

be necessary for the continued implementation of this Act shall be included in

the annual General Appropriations Act.

SEC. 24. Implementing Rules and Regulations. – The DOJ and the CHRP, with

the active participation of human rights NGOs, shall jointly promulgate the

rules and regulations for the effective implementation of this Act. They shall

also ensure the full dissemination of such rules and regulations to all officers

and members of various law enforcement agencies.

SEC. 25. Separability Clause. – If any provision of this Act is declared invalid

or unconstitutional, the other provisions not affected thereby shall continue

to be in full force and effect.

SEC. 26. Repealing Clause. – All laws, decrees, executive orders or rules and

regulations contrary to or inconsistent with the provisions of this Act are

hereby repealed or modified accordingly.

SEC. 27. Effectivity. – This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

[ Republic Act No. 10175 ]

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND

THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

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

CHAPTER IPRELIMINARY PROVISIONS

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SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012″.

SEC. 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 nation’s 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.

SEC. 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.

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(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.

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(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 user’s 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.

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(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) Subscriber’s 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 subscriber’s 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 communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

CHAPTER IIPUNISHABLE ACTS

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SEC. 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 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.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

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(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.

(b) Computer-related Offenses:

(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

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(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.

(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.

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with

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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.

SEC. 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.

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(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.

SEC. 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.

SEC. 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 IIIPENALTIES

SEC. 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

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(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 (PhP1,000,000.00) 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 (PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.

SEC. 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

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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 IVENFORCEMENT AND IMPLEMENTATION

SEC. 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.

SEC. 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its

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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.

SEC. 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.

Traffic data refer only to the communication’s 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

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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.

SEC. 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.

SEC. 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 subscriber’s 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.

SEC. 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly

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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.

SEC. 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper

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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 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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

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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 VJURISDICTION

SEC. 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 VIINTERNATIONAL COOPERATION

Sec. 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.

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CHAPTER VIICOMPETENT AUTHORITIES

SEC 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.

SEC. 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.

SEC. 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.

SEC. 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);

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(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;

(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 CICC’s 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 VIIIFINAL PROVISIONS

SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000.00) shall be appropriated annually for the implementation of this Act.

SEC. 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the Interior and

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Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.

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

SEC. 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.

SEC. 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,

(Sgd.) FELICIANO BELMONTE JR.Speaker of the House

of Representatives

(Sgd.) JUAN PONCE ENRILEPresident of the Senate

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAPSecretary General

House of Representatives

(Sgd.) EMMA LIRIO-REYESSecretary of the Senate

Approved: SEP 12 2012

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(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines

Anti-Bullying Act of 2013 (Republic Act 10627) Published by jlp September 18th, 2013 in Family and Property Law and Obiter/News.3   Comments

REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND

SECONDARY SCHOOLS TO ADOPT POLICIES TO

PREVENT AND ADDRESS THE ACTS OF BULLYING IN

THEIR INSTITUTIONS

SECTION 1. Short Title. – This Act shall be known as the

“Anti-Bullying Act of 2013”.

SEC. 2. Acts of Bullying. – For purposes of this Act,

“bullying” shall refer to any severe or repeated use by one

or more students of a written, verbal or electronic

expression, or a physical act or gesture, or any

combination thereof, directed at another student that has

the effect of actually causing or placing the latter in

reasonable fear of physical or emotional harm or damage

to his property; creating a hostile environment at school

for the other student; infringing on the rights of the other

student at school; or materially and substantially

disrupting the education process or the orderly operation

of a school; such as, but not limited to, the following:

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a. Any unwanted physical contact between the bully and

the victim like punching, pushing, shoving, kicking,

slapping, tickling, headlocks, inflicting school pranks,

teasing, fighting and the use of available objects as

weapons;

b. Any act that causes damage to a victim’s psyche and/or

emotional well-being;

c. Any slanderous statement or accusation that causes the

victim undue emotional distress like directing foul

language or profanity at the target, name-calling,

tormenting and commenting negatively on victim’s looks,

clothes and body; and

d. Cyber-bullying or any bullying done through the use of

technology or any electronic means.

SEC. 3. Adoption of Anti-Bullying Policies. – All elementary

and secondary schools are hereby directed to adopt

policies to address the existence of bullying in their

respective institutions. Such policies shall be regularly

updated and, at a minimum, shall include provisions

which:

(a) Prohibit the following acts:

(1) Bullying on school grounds; property immediately

adjacent to school grounds; at school-sponsored or school-

related activities, functions or programs whether on or off

school grounds; at school bus stops; on school buses or

other vehicles owned, leased or used by a school; or

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through the use of technology or an electronic device

owned, leased or used by a school;

(2) Bullying at a location, activity, function or program that

is not school-related and through the use of technology or

an electronic device that is not owned, leased or used by a

school if the act or acts in question create a hostile

environment at school for the victim, infringe on the rights

of the victim at school, or materially and substantially

disrupt the education process or the orderly operation of a

school; and

(3) Retaliation against a person who reports bullying, who

provides information during an investigation of bullying, or

who is a witness to or has reliable information about

bullying;

(b) Identify the range of disciplinary administrative actions

that may be taken against a perpetrator for bullying or

retaliation which shall be commensurate with the nature

and gravity of the offense: Provided, That, in addition to

the disciplinary sanctions imposed upon a perpetrator of

bullying or retaliation, he/she shall also be required to

undergo a rehabilitation program which shall be

administered by the institution concerned. The parents of

the said perpetrator shall be encouraged by the said

institution to join the rehabilitation program;

(c) Establish clear procedures and strategies for:

(1) Reporting acts of bullying or retaliation;

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(2) Responding promptly to and investigating reports of

bullying or retaliation;

(3) Restoring a sense of safety for a victim and assessing

the student’s need for protection;

(4) Protecting from bullying or retaliation of a person who

reports acts of bullying, provides information during an

investigation of bullying, or is witness to or has reliable

information about an act of bullying; and

(5) Providing counseling or referral to appropriate services

for perpetrators, victims and appropriate family members

of said students;

(d) Enable students to anonymously report bullying or

retaliation: Provided, however, That no disciplinary

administrative action shall be taken against a perpetrator

solely on the basis of an anonymous report;

(e) Subject a student who knowingly makes a false

accusation of bullying to disciplinary administrative action;

(f) Educate students on the dynamics of bullying, the anti-

bullying policies of the school as well as the mechanisms

of such school for the anonymous reporting of acts of

bullying or retaliation;

(g) Educate parents and guardians about the dynamics of

bullying, the anti-bullying policies of the school and how

parents and guardians can provide support and reinforce

such policies at home; and

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(h) Maintain a public record of relevant information and

statistics on acts of bullying or retaliation in

school: Provided, That the names of students who

committed acts of bullying or retaliation shall be strictly

confidential and only made available to the school

administration, teachers directly responsible for the said

students and parents or guardians of students who are or

have been victims of acts of bullying or retaliation.

All elementary and secondary schools shall provide

students and their parents or guardians a copy of the anti-

bullying policies being adopted by the school. Such

policies shall likewise be included in the school’s student

and/or employee handbook and shall be conspicuously

posted on the school walls and website, if there is any.

The Department of Education (DepED) shall include in its

training programs, courses or activities which shall provide

opportunities for school administrators, teachers and other

employees to develop their knowledge and skills in

preventing or responding to any bullying act.

SEC. 4. Mechanisms to Address Bullying. – The school

principal or any person who holds a comparable role shall

be responsible for the implementation and oversight of

policies intended to address bullying.

Any member of the school administration, student, parent

or volunteer shall immediately report any instance of

bullying or act of retaliation witnessed, or that has come to

one’s attention, to the school principal or school officer or

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person so designated by the principal to handle such

issues, or both. Upon receipt of such a report, the school

principal or the designated school officer or person shall

promptly investigate. If it is determined that bullying or

retaliation has occurred, the school principal or the

designated school officer or person shall:

(a) Notify the law enforcement agency if the school

principal or designee believes that criminal charges under

the Revised Penal Code may be pursued against the

perpetrator;

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim regarding

the action taken to prevent any further acts of bullying or

retaliation.

If an incident of bullying or retaliation involves students

from more than one school, the school first informed of the

bullying or retaliation shall promptly notify the appropriate

administrator of the other school so that both may take

appropriate action.

SEC. 5. Reporting Requirement. – All schools shall inform

their respective schools division superintendents in writing

about the anti-bullying policies formulated within six (6)

months from the effectivity of this Act. Such notification

shall likewise be an administrative requirement prior to the

operation of new schools.

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Beginning with the school year after the effectivity of this

Act, and every first week of the start of the school year

thereafter, schools shall submit a report to their respective

schools division superintendents all relevant information

and statistics on acts of bullying or retaliation. The schools

division superintendents shall compile these data and

report the same to the Secretary of the DepED who shall

likewise formally transmit a comprehensive report to the

Committee on Basic Education of both the House of

Representatives and the Senate.

SEC. 6. Sanction for Noncompliance. – In the rules and

regulations to be implemented pursuant to this Act, the

Secretary of the DepED shall prescribe the appropriate

administrative sanctions on school administrators who

shall fail to comply with the requirements under this Act. In

addition thereto, erring private schools shall likewise suffer

the penalty of suspension of their permits to operate.

SEC. 7. Implementing Rules and Regulations. – Within

ninety (90) days from the effectivity of this Act, the DepED

shall promulgate the necessary rules and regulations to

implement the provisions of this Act.

SEC. 8. Separability Clause. – If, for any reason, any

provision of this Act is declared to be unconstitutional or

invalid, the other sections or provisions hereof which are

not affected thereby shall continue to be in full force or

effect.

SEC. 9. Repealing Clause. – All laws, decrees, orders, rules

and regulations or parts thereof which are inconsistent

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with or contrary to the provisions of this Act are hereby

repealed, amended or modified accordingly.

SEC. 10. Effectivity. – This Act shall take effect fifteen (15)

days after its publication in at least two (2) national

newspapers of general circulation.

Approved: 12 September 2013.

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