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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
REPUBLIC ACT NOS. 10301 - 10400                  

  • Republic Act No. 10349

  • Republic Act No. 10351

  • Republic Act No. 10354

  • Republic Act No. 10355 - AN ACT INCREASING THE BED CAPACITY OF JOSE B. LINGAD MEMORIAL GENERAL HOSPITAL IN SAN FERNANDO CITY, PAMPANGA FROM TWO HUNDRED FIFTY (250) TO FIVE HUNDRED (500), UPGRADING ITS SERVICES AND FACILITIES AND PROFESSIONAL HEALTH CARE,

  • Republic Act No. 10356 - AN ACT GRANTING PHILIPPINE CITIZENSHIP TO JESSIE JOSEPHINE COE LICHAUCO

  • Republic Act No. 10357 - AN ACT DECLARING SEPTEMBER 5 OF EVERY YEAR A SPECIAL WORKING PUBLIC HOLIDAY IN THE CITY OF NAGA PROVINCE OF CEBU TO BE KNOWN AS THE "CHARTER DAY OF THE CITY OF NAGA"

  • Republic Act No. 10358 - AN ACT DECLARING JULY 7 OF EVERY YEAR A SPECIAL WORKING PUBLIC HOLIDAY IN THE CITY OF CARCAR, PROVINCE OF CEBU TO BE KNOWN AS THE "CITY OF CARCAR CHARTER DAY"

  • Republic Act No. 10359 - AN ACT DECLARING MARCH 26 OF EVERY YEAR AS A SPECIAL WORKING PUBLIC HOLIDAY IN THE PROVINCE OF CEBU TO COMMEMORATE THE HISTORIC LIBERATION OF CEBU FROM THE JAPANESE OCCUPATION DURING WORLD WAR II

  • Republic Act No. 10361 - AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS

  • Republic Act No. 10360 - AN ACT CREATING THE PROVINCE OF DAVAO OCCIDENTAL

  • Republic Act No. 10362 - AN ACT CREATING AN ADDITIONAL REGIONAL TRIAL COURT BRANCH TO BE STATIONED IN THE MUNICIPALITY OF TRENTO, PROVINCE OF AGUSAN DEL SUR, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (K) OF BATAS PAMBANSA BLG. 129, AS AMENDED, OTHER

  • Republic Act No. 10363 - AN ACT CREATING SEVEN (7) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT IN THE SEVENTH JUDICIAL REGION TO BE STATIONED AT THE CITY OF MANDAUE, PROVINCE OF CEBU, FURTHER AMENDING FOR THE PURPOSE BATAS PAMBANSA BILANG 129, OTHERW

  • Republic Act No. 10364 - AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT

  • 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

  • Republic Act No. 10366 - AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS

  • Republic Act No. 10367 - AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION

  • Republic Act No. 10368 - AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • Republic Act No. 10369 - AN ACT RECONSTITUTING THE KALINGA ENGINEERING DISTRICT OFFICE IN THE PROVINCE OF KALINGA INTO TWO (2) REGULAR DISTRICT ENGINEERING OFFICES AND APPROPRIATING FUNDS THEREFOR

  • Republic Act No. 10370 - AN ACT ESTABLISHING A SEPARATE MUNICIPAL CIRCUIT TRIAL COURT COMPRISING THE MUNICIPALITIES OF BUENAVISTA AND SAN LORENZO IN THE PROVINCE OF GUIMARAS AND APPROPRIATING FUNDS THEREFOR

  • Republic Act No. 10371 - AN ACT CREATING AN ADDITIONAL REGIONAL TRIAL COURT BRANCH TO BE STATIONED IN THE CITY OF SIPALAY, PROVINCE OF NEGROS OCCIDENTAL, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (G) OF BATAS PAMBANSA BLG. 129, AS AMENDED, OTHERWISE

  • Republic Act No. 10372 - AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293, OTHERWISE KNOWN AS THE "INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES", AND FOR OTHER PURPOSES

  • Republic Act No. 10373 - AN ACT GRANTING THE OLONGAPO ELECTRICITY DISTRIBUTION COMPANY, INC. A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN A DISTRIBUTION SYSTEM FOR THE CONVEYANCE OF ELECTRIC POWER TO THE END-USERS IN THE CITY OF OLO

  • Republic Act No. 10374 - AN ACT EXTENDING THE LIFE OF THE LAND BANK OF THE PHILIPPINES, FURTHER AMENDING REPUBLIC ACT NO. 3844. OTHERWISE KNOWN AS THE "AGRICULTURAL LAND REFORM CODE". AS AMENDED

  • Republic Act No. 10375 - AN ACT CONVERTING THE MOUNTAIN PROVINCE ISABELA ROAD TO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

  • Republic Act No. 10376 - AN ACT CONDONING THE INTEREST ON THE PAID PRINCIPAL ACCOUNT OF FUEL COMPENSATING CHARGE/INCREMENTAL COST CHARGE (FCC/ICC) OF THE ZAMBOANGA DEL NORTE ELECTRIC COOPERATIVE. INC. (ZANECO) PAYABLE AND DUE TO THE NATIONAL POWER CORPOR

  • Republic Act No. 10377 - AN ACT TRANSFERRING THE LOCATION OF THE LA UNION SECOND DISTRICT ENGINEERING OFFICE FROM NAGUILIAN, LA UNION TO AGOO, LA UNION, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 9033

  • Republic Act No. 10378 - AN ACT RECOGNIZING THE PRINCIPLE OF RECIPROCITY AS BASIS FOR THE GRANT OF INCOME TAX EXEMPTIONS TO INTERNATIONAL CARRIERS AND RATIONALIZING OTHER TAXES IMPOSED THEREON BY AMENDING SECTIONS 28(A)(3)(a), 109, 118 AND 236 OF THE NAT

  • Republic Act No. 10379 - AN ACT ESTABLISHING THE MOUNTAIN PROVINCE SECOND DISTRICT ENGINEERING OFFICE IN THE MOUNTAIN PROVINCE AND APPROPRIATING FUNDS THEREFOR

  • Republic Act No. 10380 - AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA

  • Republic Act No. 10381 - AN ACT CREATING THREE (3) ADDITIONAL BRANCHES OF THE METROPOLITAN TRIAL COURTS OF THE NATIONAL CAPITAL REGION TO BE STATIONED AT TAGUIG CITY, METRO MANILA, AMENDING FOR THE PURPOSE SECTION 27 OF BATAS PAMBANSA BLG. 129, OTHERWISE

  • Republic Act No. 10382 - AN ACT CONVERTING THE TARLAC CITY SAN JOSE VIA TIBAG BURGOS ROAD IN THE CITY OF TARLAC AND THE MUNICIPALITY OF SAN JOSE, PROVINCE OF TARLAC INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

  • Republic Act No. 10383 - AN ACT CONVERTING THE LANOT LOCTUGAN PANITAN BOUNDARY ROAD IN ROXAS CITY AND THE MUNICIPALITY OF PANITAN, PROVINCE OF CAPIZ INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

  • Republic Act No. 10384 - AN ACT CONVERTING THE EASTERN LINK CIRCUMFERENTIAL ROAD IN THE CITY OF BAGUIO TRAVERSING LOAKAN ROAD AND COUNTRY CLUB ROAD INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

  • Republic Act No. 10385 - AN ACT CONVERTING THE GEN. ORDOÑEZ AVENUE TRAVERSING BARANGAY MARIKINA HEIGHTS, BARANGAY CONCEPCION UNO, BARANGAY CONCEPCION DOS AND BARANGAY PARANG IN THE SECOND DISTRICT, CITY OF MARIKINA INTO A NATIONAL ROAD

  • Republic Act No. 10386 - AN ACT CONVERTING THE PURA VICTORIA ROAD IN THE MUNICIPALITIES OF PURA AND VICTORIA, PROVINCE OF TARLAC INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

  • Republic Act No. 10387 - AN ACT CONVERTING THE DELGADO ROAD IN ILOILO CITY INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

  • Republic Act No. 10388 - AN ACT CONVERTING THE LAND TRANSPORTATION OFFICE (LTO) EXTENSION OFFICE LOCATED IN PANIQUI, TARLAC INTO A REGULAR LTO DISTRICT OFFICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • Republic Act No. 10389 - AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR OTHER PURPOSES

  • Republic Act No. 10390 - AN ACT AMENDING REPUBLIC ACT NO. 7306, ENTITLED "AN ACT PROVIDING FOR THE ESTABLISHMENT OF THE PEOPLE'S TELEVISION NETWORK, INCORPORATED, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FOR ITS SOURCES OF FUNDING AND FOR OTHER PURPO

  • Republic Act No. 10391 - AN ACT CONVERTING THE LAND TRANSPORTATION OFFICE (LTO) EXTENSION OFFICE LOCATED IN THE MUNICIPALITY OF DAPA, SURIGAO DEL NORTE INTO A REGULAR LTO DISTRICT OFFICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • Republic Act No. 10392 - AN ACT CREATING AN ADDITIONAL REGIONAL TRIAL COURT BRANCH IN THE SIXTH JUDICIAL REGION TO BE STATIONED IN THE MUNICIPALITY OF JANIUAY, PROVINCE OF ILOILO, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (G) OF BATAS PAMBANSA BLG.

  • Republic Act No. 10393 - AN ACT CREATING FOUR (4) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT IN THE ELEVENTH JUDICIAL REGION TO BE STATIONED AT THE CITY OF GENERAL SANTOS, PROVINCE OF SOUTH COTABATO, FURTHER AMENDING FOR THE PURPOSE BATAS PAMBANSA B

  • Republic Act No. 10394 - AN ACT CONVERTING SEVEN (7) BRANCHES OF THE REGIONAL TRIAL COURT OF PASIG CITY, WHICH ARE LOCATED IN TAGUIG CITY, METRO MANILA, INTO THE REGIONAL TRIAL COURT OF TAGUIG CITY, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (D) OF B

  • Republic Act No. 10395 - AN ACT STRENGTHENING TRIPARTISM, AMENDING FOR THE PURPOSE ARTICLE 275 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES"

  • Republic Act No. 10396 - AN ACT STRENGTHENING CONCILIATION-MEDIATION AS A VOLUNTARY MODE OF DISPUTE SETTLEMENT FOR ALL LABOR CASES, AMENDING FOR THIS PURPOSE ARTICLE 228 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE "LABOR CODE OF TH

  • Republic Act No. 10397 - AN ACT CONVERTING THE MARCOS ALVAREZ PROVINCIAL ROAD IN THE MUNICIPALITY OF BACOOR, PROVINCE OF CAVITE INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

  • Republic Act No. 10398 - AN ACT DECLARING NOVEMBER TWENTY-FIVE OF EVERY YEAR AS "NATIONAL CONSCIOUSNESS DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN AND CHILDREN"

  • Republic Act No. 10399 - AN ACT CONVERTING THE WESTERN LINK CIRCUMFERENTIAL ROAD TRAVERSING MARCOS HIGHWAY BAGUIO BAUANG ROAD AND KENNON ROAD INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

  • Republic Act No. 10400 - AN ACT CONVERTING THE LAPAZ DEEP SEA WATER PORT ROAD (LOBOC TO PPA) IN ILOILO CITY INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10301, November 15, 2012 AN ACT CREATING FOUR (4) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT IN THE NINTH JUDICIAL REGION TO BE STATIONED AT ZAMBOANGA CITY, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (J) OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980?, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10302, November 15, 2012 AN ACT CREATING AN ADDITIONAL BRANCH OF THE REGIONAL TRIAL COURT IN THE PROVINCE OF BATANGAS TO BE STATIONED AT THE CITY OF TANAUAN, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (E) OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980?, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10303, November 15, 2012 AN ACT CREATING A REGIONAL TRIAL COURT BRANCH IN THE PROVINCE OF AURORA TO BE STATIONED AT THE MUNICIPALITY OF CASIGURAN, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (E) OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980?, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10304, November 15, 2012 AN ACT CONVERTING THE ALANGILAN ELEMENTARY SCHOOL IN BARANGAY ALANGILAN, MUNICIPALITY OF SAGAY, PROVINCE OF CAMIGUIN INTO AN INTEGRATED SCHOOL TO BE KNOWN AS ALANGILAN INTEGRATED SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10305, November 15, 2012 AN ACT SEPARATING THE CAMARINES SUR NATIONAL HIGH SCHOOL – TINAGO ANNEX IN THE CITY OF NAGA, PROVINCE OF CAMARINES SUR FROM THE CAMARINES SUR NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS TINAGO NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10306, November 15, 2012 AN ACT ESTABLISHING AN INTEGRATED SCHOOL IN BARANGAY BOGÑA, BACON DISTRICT, CITY OF SORSOGON, PROVINCE OF SORSOGON TO BE KNOWN AS BOGÑA INTEGRATED SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10307, November 15, 2012 AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY SAN RAFAEL, MUNICIPALITY OF PILAR, PROVINCE OF SORSOGON TO BE KNOWN AS SAN RAFAEL NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10308, November 15, 2012 AN ACT CONVERTING THE BUENAVISTA HIGH SCHOOL IN THE MUNICIPALITY OF TINAMBAC, PROVINCE OF CAMARINES SUR INTO A NATIONAL HIGH SCHOOL TO BE KNOWN AS BUENAVISTA NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10309, November 15, 2012 AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY SAN ANTONIO, MUNICIPALITY OF BARCELONA, PROVINCE OF SORSOGON TO BE KNOWN AS SAN ANTONIO NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10310, November 15, 2012 AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY MACAMBOL, CITY OF MATI, PROVINCE OF DAVAO ORIENTAL TO BE KNOWN AS MACAMBOL NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10311, November 15, 2012 AN ACT ESTABLISHING A NATIONAL TECHNICAL -VOCATIONAL HIGH SCHOOL IN BARANGAY POBLACION, MUNICIPALITY OF LILOAN, PROVINCE OF SOUTHERN LEYTE TO BE KNOWN AS LILOAN NATIONAL TECHNICAL-VOCATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10312, November 15, 2012 AN ACT CONVERTING THE ACAO NATIONAL HIGH SCHOOL IN BARANGAY ACAO, MUNICIPALITY OF BAUANG, PROVINCE OF LA UNION INTO A NATIONAL VOCATIQNAL HIGH SCHOOL TO BE KNOWN AS EULOGIO CLARENCE DE GUZMAN JUNIOR MEMORIAL NATIONAL VOCATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10313, November 15, 2012 AN ACT ESTABLISHING A NATIONAL HIGH SCHOOLIN BARANGAY CAMALIG, MUNICIPALITY OF DUMALINAO, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS CAMALIG NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10314, November 15, 2012 AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY FATIMA, MUNICIPALITY OF SAN MIGUEL, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS FATIMA NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10315, November 15, 2012 AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY OLD MIRAPAO, MUNICIPALITY OF DINAS, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS OLD MIRAPAO NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10317, November 15, 2012 AN ACT SEPARATING THE CALINTAAN NATIONAL HIGH SCHOOL – POYPOY ANNEX IN BARANGAY POYPOY, MUNICIPALITY OF CALINTAAN, PROVINCE OF OCCIDENTAL MINDORO FROM THE CALINTAAN NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS POYPOY NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10316, November 15, 2012 AN ACT SEPARATING THE RIZAL NATIONAL HIGHSCHOOL - MANOOT ANNEX IN BARANGAY MANOOT, MUNICIPALITY OF RIZAL, PROVINCE OF OCCIDENTAL MINDORO FROM THE RIZAL NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS MANOOT NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10318, November 15, 2012 AN ACT SEPARATING THE BALATON NATIONAL HIGH SCHOOL - HIMANAG ANNEX IN BARAN GAY HIMANAG, MUNICIPALITY OF LAGONOY, PROVINCE OF CAMARINES SUR FROM THE BALATON NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS HIMANAG NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10319, November 15, 2012 AN ACT ESTABLISHING AN ANNEX OF THE SUMILAO NATIONAL HIGH SCHOOL IN BARANGAY VISTAVILLA, MUNICIPALITY OF SUMILAO, PROVINCE OF BUKIDNON TO BE KNOWN AS SUMILAO NATIONAL HIGH SCHOOL – VISTA-VILLA ANNEX AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10320, November 15, 2012 AN ACT SEPARATING THE ZARAGOSA NATIONAL SCHOOL-CANTIASAY ANNEX IN BARANGAY CANTIASAY, CITY OF SURIGAO, PROVINCE OF SURIGAO DEL NORTE FROM THE ZARAGOSA NATIONAL SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS CANTIASAY NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10321, November 15, 2012 AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY HINAPU, CITY OF MAASIN, PROVINCE OF SOUTHERN LEYTE TO BE KNOWN AS HINAPU NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10322, November 15, 2012 AN ACT ESTABLISHING AN ANNEX OF THE BAUNGON NATIONAL HIGH SCHOOL IN BARANGAY DANATAG, MUNICIPALITY OF BAUNGON, PROVINCE OF BUKIDNON TO BE KNOWN AS BAUNGON NATIONAL HIGHSCHOOL DANATAG ANNEX AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10323, November 15, 2012 AN ACT SEPARATING THE LEONARDO NATIONAL HIGH SCHOOL - DAWA ANNEX IN BARANGAY DAWA, MUNICIPALITY OF JOSEFINA, PROVINCE OF ZAMBOANGA DEL SUR FROM THE LEONARDO NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS DAWA NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10324, November 15, 2012 AN ACT SEPARATING THE CONSTANCIO PADILLA NATIONAL HIGH SCHOOL-CAANAWAN ANNEX IN BARANGAY CAANAWAN, CITY OF SAN JOSE, PROVINCE OF NUEVA ECIJA FROM THE CONSTANCIO PADILLA NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS CAANAWAN NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10325, November 15, 2012 AN ACT SEPARATING THE CARIGARA SCHOOL OFFISHERIES – SOGOD ANNEX IN BARANGAY SOGOD, MUNICIPALITY OF CARIGARA, PROVINCE OF LEYTE FROM THE CARIGARA SCHOOL OF FISHERIES, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS SOGOD NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10326, November 15, 2012 AN ACT SEPARATING THE SAN ISIDRO NATIONAL HIGH SCHOOL - CARMEL ANNEX IN BARAN GAY POTOT, MUNICIPALITY OF LIBMANAN, PROVINCE OF CAMARINES SUR FROM THE SAN ISIDRO NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS CARMEL NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10327, November 15, 2012 AN ACT SEPARATING THE SAN ISIDRO NATIONAL HIGH SCHOOL - EDUARDO T. AGOMAA ANNEX IN BARANGAY DUANG NIOG, MUNICIPALITY OF LIBMANAN, PROVINCE OF CAMARINES SUR FROM THE SAN ISIDRO NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS EDUARDO T. AGOMAA NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10329, November 15, 2012 AN ACT SEPARATING THE MINALABAC NATIONAL HIGHSCHOOL - ANTIPOLO ANNEX IN BARAN GAY ANTIPOLO, MUNICIPALITY OF MINALABAC, PROVINCE OF CAMARINES SUR FROM THE MINALABAC NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS ANTIPOLO NATIONAL HIGH SCHOOLAND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10332, November 15, 2012 AN ACT SEPARATING THE MAHAYAG NATIONAL HIGHSCHOOL - BONIAO ANNEX IN BARAN GAY BONIAO, MUNICIPALITY OF MAHAYAG, PROVINCE OF ZAMBOANGA DEL SUR FROM THE MAHAYAG NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS BONIAO NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10333, November 15, 2012 AN ACT CHANGING THE NAME OF ROMBLON NATIONAL HIGH SCHOOL-ODIONGAN IN THE MUNICIPALITY OF ODIONGAN, PROVINCE OF ROMBLON TO ODIONGAN NATIONAL HIGH SCHOOL

  • REPUBLIC ACT No. 10334, November 15, 2012 AN ACT SEPARATING THE DALUPAON NATIONAL HIGH SCHOOL - TINALMUD ANNEX IN BARANGAY TINALMUD,MUNICIPALITY OF PASACAO, PROVINCE OF CAMARINES SUR FROM THE DALUPAON NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS TINALMUD NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT No. 10336, November 15, 2012 AN ACT ESTABLISHING AN INTEGRATED SCHOOL IN BARANGAY ADDITION HILLS, CITY OF MANDALUYONG TO BE KNOWN AS ADDITION HILLS INTEGRATED SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10337, November 21, 2012 AN ACT CONVERTING THE LAND TRANSPORTATION OFFICE (LTO) EXTENSION OFFICE LOCATED IN THE ISLAND GARDEN CITY OF SAMAL, PROVINCE OF DAVAO DEL NORTE INTO A REGULAR LTO DISTRICT OFFICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • REPUBLIC ACT NO. 10335, November 15, 2012 AN ACT ESTABLISHING AN ELEMENTARY SCHOOL IN BARANGA Y ADDITION HILLS, CITY OF MANDALUYONG TO BE KNOWN AS MANDALUYONG ADDITION HILLS ELEMENTARY SCHOOL AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10338, November 21, 2012 AN ACT CONVERTING THE EXTENSION OFFICE OF THE LAND TRANSPORTATION OFFICE (LTO) IN THE CITY OF DASMARIÑAS, CAVITE INTO A REGULAR DISTRICT OFFICE TO BE KNOWN AS THE LTO DISTRICT OFFICE OF DASMARIÑAS CITY, CAVITE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • REPUBLIC ACT NO. 10339, November 21, 2012 AN ACT CREATING FIVE (5) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT TO BE STATIONED AT THE CITY OF CALAMBA AND THE MUNICIPALITIES OF LOS BAÑOS AND CABUYAO, ALL IN THE PROVINCE OF LAGUNA, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (E) OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980?, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10340, November 21, 2012 AN ACT CREATING FIVE (5) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT TO BE STATIONED AT THE CITY OF BOGO, PROVINCE OF CEBU, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (H) OF BATAS PAMBANSA BLG. 129, AS AMENDED, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980?, AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10341, November 21, 2012 AN ACT CREATING FOUR (4) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT AND THREE (3) ADDITIONAL BRANCHES OF THE METROPOLITAN TRIAL COURT TO BE STATIONED AT THE CITY OF VALENZUELA, METRO MANILA., AMENDING FOR THE PURPOSE SECTION 14(D) AND SECTION 27 OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980?, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10342, December 04, 2012 AN ACT RENEWING THE FRANCHISE GRANTED TO QUEST BROADCASTING, INC. (FORMERLY SBS RADIO NETWORK, INC.) A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO BROADCASTING STATIONS IN THE PHILIPPINES

  • REPUBLIC ACT NO. 10343, December 04, 2012 AN ACT RENEWING THE FRANCHISE GRANTED TO PHILIPPINE GLOBAL COMMUNICATIONS, INC. (FORMERLY RCA COMMUNICATIONS, INC.) FOR ANOTHER TWENTY-FIVE (25) YEARS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4617

  • REPUBLIC ACT NO. 10344, December 04, 2012 AN ACT PENALIZING THE UNAUTHORIZED TAKING, STEALING, KEEPING OR TAMPERING OF GOVERNMENT RISK REDUCTION AND PREPAREDNESS EQUIPMENT, ACCESSORIES AND SIMILAR FACILITIES

  • REPUBLIC ACT NO. 10345, December 04, 2012 AN ACT INCREASING THE BED CAPACITY OF THE QUIRINO MEMORIAL MEDICAL CENTER FROM THREE HUNDRED FIFTY (350) TO FIVE HUNDRED (500) BEDS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8313, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • REPUBLIC ACT NO. 10346, December 04, 2012 AN ACT CONVERTING THE LAND TRANSPORTATION OFFICE (LTO) EXTENSION OFFICE LOCATED IN TUBOD, LANAO DEL NORTE INTO A REGULAR LTO DISTRICT OFFICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • REPUBLIC ACT NO. 10347, December 04, 2012 AN ACT CONVERTING THE EXTENSION OFFICE OF THE LAND TRANSPORTATION OFFICE (LTO) IN QUIRINO, MUNICIPALITY OF LUNA, APAYAO INTO A REGULAR LTO DISTRICT OFFICE AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10348, December 06, 2012 AN ACT CREATING TWO (2) BRANCHES OF THE REGIONAL TRIAL COURT IN THE PROVINCE OF CEBU TO BE STATIONED AT THE CITIES OF NAGA AND CARCAR, AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (H) OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980?. AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

  • REPUBLIC ACT NO. 10350, December 17, 2012 AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF THE INTERIOR DESIGN IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED 8534, OTHERWISE KNOWN AS “AN ACT REGULATING THE PRACTICE OF INTERIOR DESIGN IN THE PHILIPPINES”, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

  • REPUBLIC ACT NO. 10353, December 21, 2012 AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE

  • IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10368 - “AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”

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    PHILIPPINE LAWS, STATUTES & CODES

    REPUBLIC ACT NO. 10353, December 21, 2012 AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE

      REPUBLIC ACT NO. 10353, December 21, 2012 AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE
    REPUBLIC ACT NO. 10353

    REPUBLIC ACT NO. 10353, December 21, 2012

    AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE



    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-Enforced or Involuntary Disappearance Act of 2012?.

    SEC. 2. Declaration of Policy. –The State values the dignity of every human person and guarantees full respect for human rights for which highest priority shall be given to the enactment of measures for the enhancement of the right of all people to human dignity, the prohibition against secret detention places, solitary confinement, incommunicado, or other similar forms of detention, the provision for penal and civil sanctions for such violations, and compensation and rehabilitation for the victims and their families, particularly with respect to the use of torture, force, violence, threat, intimidation or any other means which vitiate the free will of persons abducted, arrested, detained, disappeared or otherwise removed from the effective protection of the law.

    Furthermore, the State adheres to the principles and standards on the absolute condemnation of human rights violations set by the 1987 Philippine Constitution and various international instruments such as, but not limited to, the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture and Other Cruel, Inhuman or 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 be defined as follows:

    (a) Agents of the State refer to persons who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the government, or shall perform in the government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class.

    (b) Enforced or involuntary disappearance refers to the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such person outside the protection of the law.

    (c) 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 which it considers as legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international law.

    (d) Victim refers to the disappeared person and any individual who has suffered harm as a direct result of an enforced or involuntary disappearance as defined in letter (b) of this Section.

    SEC. 4. Nonderogability of the Right Against Enforced or Involuntary Disappearance. –The right against enforced or involuntary disappearance and the fundamental safeguards for its prevention shall not be suspended under any circumstance including political instability, threat of war, state of war or other public emergencies.

    SEC. 5. “Order of Battle” or Any Order of Similar Nature, Not Legal Ground, for Enforced or Involuntary Disappearance. – An “Order of Battle” or any order of similar nature, official or otherwise, from a superior officer or a public authority causing the commission of enforced or involuntary disappearance is unlawful and cannot be invoked as a justifying or exempting circumstance. Any person receiving such an order shall have the right to disobey it.

    SEC. 6. Right of Access to Communication. – It shall be the absolute right of any person deprived of liberty to have immediate access to any form of communication available in order for him or her to inform his or her family, relative, friend, lawyer or any human rights organization on his or her whereabouts and condition.

    SEC. 7. Duty to Report Victims of Enforced or Involuntary Disappearance. – Any person, not being a principal, accomplice or accessory, who has an information of a case of enforced or involuntary disappearance or who shall learn of such information or that a person is a victim of enforced or involuntary disappearance, shall immediately report in writing the circumstances and whereabouts of the victim to any office, detachment or division of the Department of the Interior and Local Government (DILG), the Department of National Defense (DND), the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation (NBI), the City or Provincial Prosecutor, the Commission on Human Rights (CHR) or any human rights organization and, if known, the victim’s family, relative, or lawyer.

    SEC. 8. Duty to Certify in Writing on the Results of Inquiry into a Reported Disappeared Person’s Whereabouts. –In case a family member, relative, lawyer, representative of a human rights organization or a member of the media inquires with a member or official of any police or military detention center, the PNP or any of its agencies, the AFP or any of its agencies, the NBI or any other agency or instrumentality of the government, as well as any hospital or morgue, public or private, on the presence or whereabouts of a reported victim of enforced or involuntary disappearance, such member or official shall immediately issue a certification in writing to the inquiring person or entity on the presence or absence and/or information on the whereabouts of such disappeared person, stating, among others, in clear and unequivocal manner the date and time of inquiry, details of the inquiry and the response to the inquiry.

    SEC. 9. Duty of Inquest/Investigating Public Prosecutor or any Judicial or Quasi-Judicial Official or Employee. –Any inquest or investigating public prosecutor, or any judicial or quasi-judicial official or employee who learns that the person delivered for inquest or preliminary investigation or for any other judicial process is a victim of enforced or involuntary disappearance shall have the duty to immediately disclose the victim’s whereabouts to his or her immediate family, relatives, lawyer/s or to a human rights organization by the most expedient means.

    SEC. 10. Official Up-to-Date Register of All Persons Detained or Confined. - All persons detained or confined shall be placed solely in officially recognized and controlled places of detention or confinement where an official up-to-date register of such persons shall be maintained. Relatives, lawyers, judges, official bodies and all persons who have legitimate interest in the whereabouts and condition of the persons deprived of liberty shall have free access to the register.

    The following details, among others, shall be recorded, in the register:

    (a) The identity or name, description and address of the person deprived of liberty;

    (b) The date, time and location where the person was deprived of liberty and the identity of the person who made such deprivation of liberty;

    (c) The authority who decided the deprivation of liberty and the reasons for the deprivation of liberty or the crime or offense committed;

    (d) The authority controlling the deprivation of liberty;

    (e) The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for the place of deprivation of liberty;

    (f) Records of physical, mental and psychological condition of the detained or confined person before and after the deprivation of liberty and the name and address of the physician who examined him or her physically, mentally and medically;

    (g) The date and time of release or transfer of the detained or confined person to another place of detention, the destination and the authority responsible for the transfer;

    (h) The date and time of each removal of the detained or confined person from his or her cell, the reason or purpose for such removal and the date and time of his or her return to his or her cell;

    (i) A summary of the physical, mental and medical findings of the detained or confined person after each interrogation;

    (j) The names and addresses of the persons who visit the detained or confined person and the date and time of such visits and the date and time of each departure;

    (k) In the event of death during the deprivation of liberty, the identity, the circumstances and cause of death of the victim as well as the destination of the human remains; and

    (1) All other important events bearing on and all relevant details regarding the treatment of the detained or confined person.

    Provided,  That the details required under letters (a) to (f) shall be entered immediately in the register upon arrest and/or detention.

    All information contained in the register shall be regularly or upon request reported to the CHR or any other agency of government tasked to monitor and protect human rights and shall be made available to the public.

    SEC. 11. Submission of List of Government Detention Facilities. –Within six (6) months from the effectivity of this Act and as may be requested by the CHR thereafter, all government agencies concerned shall submit an updated inventory or list of all officially recognized and controlled detention or confinement facilities, and the list of detainees or persons deprived of liberty under their respective jurisdictions to the CHR.

    SEC. 12. Immediate Issuance and Compliance of the Writs of Habeas Corpus, Amparo and Habeas Data. – All proceedings pertaining to the issuance of the writs of habeas corpus, amparo and habeas data shall be dispensed with expeditiously. As such, all courts and other concerned agencies of government shall give priority to such proceedings.

    Moreover, any order issued or promulgated pursuant to such writs or their respective proceedings shall be executed and complied with immediately.

    SEC. 13. Visitation /Inspection of Places of Detention and, Confinement. –The CHR or its duly authorized representatives are hereby mandated and authorized to conduct regular, independent, unannounced and unrestricted visits to or inspection of all places of detention and confinement.

    SEC. 14. Liability of Commanding Officer or Superior. - The immediate commanding officer of the unit concerned of the AFP or the immediate senior official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of enforced or involuntary disappearance for acts committed by him or her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his or her subordinates. If such commanding officer has knowledge of or, owing to the circumstances at the time, should have known that an enforced or involuntary disappearance is being committed, or has been committed by subordinates or by others within the officer’s area of responsibility and, despite such knowledge, did not take preventive or coercive action either before, during or immediately after its commission, when he or she has the authority to prevent or investigate allegations of enforced or involuntary disappearance but failed to prevent or investigate such allegations, whether deliberately or due to negligence, shall also be held liable as principal.

    SEC. 15. Penal Provisions. – (a) The penalty of reclusion perpetua and its accessory penalties shall be imposed upon the following persons:

    (1) Those who directly committed the act of enforced or involuntary disappearance;

    (2) Those who directly forced, instigated, encouraged or induced others to commit the act of enforced or involuntary disappearance;

    (3) Those who cooperated in the act of enforced or involuntary disappearance by committing another act without which the act of enforced or involuntary disappearance would not have been consummated;

    (4) Those officials who allowed the act or abetted in the consummation of enforced or involuntary disappearance when it is within their power to stop or uncover the commission thereof; and

    (5) Those who cooperated in the execution of the act of enforced or involuntary disappearance by previous or simultaneous acts.

    (b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon those who shall commit the act of enforced or involuntary disappearance in the attempted stage as provided for and defined under Article 6 of the Revised Penal Code.

    (c) The penalty of reclusion temporal and its accessory penalties shall also be imposed upon persons who, having knowledge of the act of enforced or involuntary disappearance and without having participated therein, either as principals or accomplices, took part subsequent to its commission in any of the following manner:

    (1) By themselves profiting from or assisting the offender to profit from the effects of the act of enforced or involuntary disappearance;

    (2) By concealing the act of enforced or involuntary disappearance and/or destroying the effects or instruments thereof in order to prevent its discovery; or

    (3) By harboring, concealing or assisting in the escape of the principal/s in the act of enforced or involuntary disappearance, provided such accessory acts are done with the abuse of official functions.

    (d) The penalty of prision correctional and its accessory penalties shall be imposed against persons who defy, ignore or unduly delay compliance with any order duly issued or promulgated pursuant to the writs of habeas corpus, amparo and habeas data or their respective proceedings.

    (e) The penalty of arresto mayor and its accessory penalties shall be imposed against any person who shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act.

    SEC. 16. Preventive Suspension/Summary Dismissal. –Government officials and personnel who are found to be perpetrators of or participants in any manner in the commission of enforced or involuntary disappearance as a result of a preliminary investigation conducted for that purpose shall be preventively suspended or summarily dismissed from the service, depending on the strength of the evidence so presented and gathered in the said preliminary investigation or as may be recommended by the investigating authority.

    SEC. 17. Civil Liability. –The act of enforced or involuntary disappearance shall render its perpetrators and the State agencies which organized, acquiesced in or tolerated such disappearance liable under civil law.

    SEC. 18. Independent Liability. –The criminal liability of the offender under this Act shall be independent of or without prejudice to the prosecution and conviction of the said offender for any violation of Republic Act No. 7438, otherwise known as “An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining, and Investigating Officers, and Providing Penalties for Violations Thereof’; Republic Act No. 9745, otherwise known as “An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, and Prescribing Penalties Therefor”; and applicable provisions of the Revised Penal Code.

    SEC. 19. Nonexclusivity or Double Jeopardy Under International Law. – Any investigation, trial and decision in any Philippines court, or body for any violation of this Act shall; be without prejudice to any investigation, trial, decision or any other legal or administrative process before any appropriate international court or agency under applicable international human rights and humanitarian law.

    SEC. 20. Exemption from Prosecution. – Any offender who volunteers information that leads to the discovery of the victim of enforced or involuntary disappearance or the prosecution of the offenders without the victim being found shall be exempt from any criminal and/or civil liability under this Act: Provided, That said offender does not appear to be the most guilty.

    SEC. 21. Continuing Offense. – An act constituting enforced or involuntary disappearance shall be considered a continuing offense as long as the perpetrators continue to conceal the fate and whereabouts of the disappeared person and such circumstances have not been determined with certainty.

    SEC. 22. Statue of Limitations Exemption. – The prosecution of persons responsible for enforced or involuntary disappearance shall not prescribe unless the victim surfaces alive. In which case, the prescriptive period shall be twenty-five (25) years from the date of such reappearance.

    SEC. 23. Special Amnesty Law Exclusion. – Persons who are changed with and/or guilty of the act of enforced or involuntary disappearance shall not benefit from any special amnesty law or other similar executive measures that shall exempt them from any penal proceedings or sanctions.

    SEC. 24. State Protection – The State, through its appropriate agencies, shall ensure the safety of all persons involved in the search, investigation and prosecution of enforced or involuntary disappearance including, but not limited to, the victims, their families, complainants, witnesses, legal counsel and representatives of human rights organizations and media. They shall likewise be protected from any intimidation or reprisal.

    SEC. 25. Applicability of Refouler. –No person shall be expelled, returned or extradited to another State where there are substantial grounds to believe that such person shall be in danger of being subjected to enforced or involuntary disappearance. For purposes of determining whether such grounds exist, the Secretary of the Department, of Foreign Affairs (DFA) and the Secretary of the Department of Justice (DOJ) in coordination with the Chairperson of the CHR, shall take into account all relevant considerations including where applicable and not limited to, the existence in the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.

    SEC. 26. Restitution and Compensation to Victims of Enforced or Involuntary Disappearance and/or Their Immediate Relatives. –The victims of enforced or involuntary disappearance who surface alive shall be entitled to monetary compensation, rehabilitation and restitution of honor and reputation. Such restitution of honor and reputation shall include immediate expunging or rectification of any derogatory record, information or public declaration/statement on his or her person, personal circumstances, status, and/or organizational affiliation by the appropriate government or private agency or agencies concerned.

    The immediate relatives of a victim of enforced or involuntary disappearance, within the fourth civil degree of consanguinity or affinity, may also claim for compensation as provided for under Republic Act No. 7309, entitled “An Act Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and For Other Purposes”, and other relief programs of the government.

    The package of indemnification for both the victims and the immediate relatives within the fourth civil degree of consanguinity or affinity shall be without prejudice to other legal remedies that may be available to them.

    SEC. 27. Rehabilitation of Victims and/or Their Immediate Relatives, and Offenders. – In order that the victims of enforced or involuntary disappearance who surfaced alive and/or their immediate relatives within the fourth civil degree of consanguinity or affinity, may be effectively reintegrated into the mainstream of society and in the process of development, the State, through the CHR, in coordination with the Department of Health, the Department of Social Welfare and Development (DSWD) and the concerned nongovernment organization/s, shall provide them with appropriate medical care and rehabilitation free of charge.

    Toward the attainment of restorative justice, a parallel rehabilitation program for persons who have committed enforced or involuntary disappearance shall likewise be implemented without cost to such offenders.

    SEC. 28. Implementing Rules and Regulations. – Within thirty (30) days from the effectivity of this Act, the DOJ, the DSWD, the CHR, the Families of Victims of Involuntary Disappearance (FIND) and the Families of Desaparecidos for Justice (Desaparecidos), in consultation with other human rights organizations, shall jointly promulgate the rules and regulations for the effective implementation of this Act and shall ensure the full dissemination of the same to the public.

    SEC. 29. Suppletory Applications. – The applicable provisions of the Revised Penal Code shall have suppletory application insofar as they are consistent with the provisions of this Act.

    SEC. 30. Appropriations. –The amount of Ten million pesos (P10,000,000.00) is hereby appropriated for the initial implementation of this Act by the CHR. Subsequent fluids for the continuing implementation of this Act shall be included in the respective budgets of the CHR and the DOJ in the annual General Appropriations Act.

    SEC. 31. Separability Clause. –If for any reason, any section or provision of this Act is declared unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full force and effect.

    SEC. 32. Repealing Clause. – All laws, decrees, executive orders, rules and regulations and other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

    SEC. 33. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation or the Official Gazette, which shall not be later than seven (7) days after the approval thereof.

    Approved,

     
    (Sgd.) FELICIANO BELMONTE JR.
    Speaker of the House
    of Representatives
    (Sgd.) JUAN PONCE ENRILE
    President of the Senate
     

    This Act which is a consolidation of Senate Bill No. 2817 and House Bill No. 98 was finally passed by the Senate and the House of Representatives on October 16, 2012.

     
    (Sgd.) MARILYN B. BARUA-YAP
    Secretary General
    House of Representatives
    (Sgd.) EMMA LIRIO-REYES
    Secretary of the Senate
     

    Approved: DEC 21 2012

    (Sgd.) BENIGNO S. AQUINO III
    President of the Philippines


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