The penalties for violating RA 6981 are the following:

1.) Violation of confidentiality of proceedings for application for witness protection: 1 to 6 years imprisonment and deprivation of the right to hold public office/employment for 5 years

2.) Witness giving false/evasive testimony: penalty for perjury

3. Witness fails/refuses to testify: contempt proceedings but the penalty is 1 month to 1 year imprisonment

4.) Harassment of witnesses: fine of up to Php3,000.00 and/or imprisonment of 6 months to 1 year (and if the harasser is a public official, perpetual disqualification from public office)

Harassment takes place when a witness is prevented, hindered or dissuaded from :

1.) Attending/testifying before a judicial, quasi-judicial or investigative body

2.) Reporting the commission/possible commission of a crime or a violation of conditions of parole, probation, or release pending judicial proceedings (a. k. a. Bail)

3.) Seeking the arrest of another person in connection with the crime in question

4.) Causing a criminal prosecution/proceeding for the revocation of parole or probation

Witness Protection Program: Background

Yes, the Philippines does have a witness protection program. It's RA 6981. The program is available to witnesses testifying not only in court but also at a quasi-judicial or investigating body.

Qualifications

1.) The testimony covers a grave felony under the Revised Penal Code or its equivalent under special laws
2.) The testimony's material points can be corroborated substantially
3.) The witness, or a family member within the 2nd degree (parents, siblings, children, grandchildren or grandparents) is subject to death threats, threat of injury or there is a possibility that he/his family member will be killed, harassed, forced, intimidated or bribed to prevent the witness from testifying
4.) The witness isn't part of law enforcement, even if he's testifying against other law enforcement officers (in this case, only immediate family members can receive protection)

If the witness will testify before a legislative panel "in aid of legislation," he will only  be admitted into witness protection if there is a serious need for it. It requires a recommendation from the panel which must be approved by the senate president or speaker of the house, depending on which panel is conducting the investigation.

Penalties for the BIR 2: Sec. 270-273, NIRC

Continuing from the last post, here's the next set of penalties that can be imposed on public officers.

Unlawful Divulgence of Trade Secrets (Sec. 270, NIRC)

Officers and employees of the BIR can be imprisoned for 2 to 5 years and/or fined Php50,000.00 to 100,000.00 per offense if they divulge information on the business, income, or estate of a taxpayer, or his trade secrets, equipment or confidential information on his business to another person without authority of law. This provision was made to protect taxpayers from unfair competition resulting from the revelation of his trade secrets.

Lawful divulgence is limited to the following:

1.) When a candidate for an elected post files his certificate of candidacy, he waives the privilege from public disclosure of his income tax returns and tax census statements. This waiver covers the last 2 years before the election and is effective only for the candidate's period of candidacy.

2.) If the divulgence is provided by law.

3.) Income tax returns that have already been filed are public records and, under orders of the president, open to inspection under recommendation by the BIR commissioner (sec. 71, NIRC.) The commissioner can have a list of names and addresses of those who filed their ITRs published.

4.) If the ITRs are evidence in a criminal case (Cu Unjieng vs. Posadas, 58 Phil 360) except if the case involves sec. 268 of the NIRC, which covers the forfeiture of illegally stored/removed goods, property used in unlicensed businesses or dies used in printing false internal revenue stamps, tags and labels as well as misdeclaration/misrepresentation of manufacturers subject to excise tax.

Unlawful Interest (Sec. 271, NIRC)

People for the BIR are also prohibited from having an interest, whether direct or indirect, in the manufacture, sale or importation of any article subject to excise tax or in the manufacture, sale or repair of dies for printing or making internal revenue labels or stamps. For every such offense, the penalty is imprisonment for 2 years and 1 day to 4 years and/or a fine of Php5,000.00 to 10,000.00.

Violation of Withholding Tax Provisions (Sec. 272, NIRC)

Employees of all branches of government, including GOCCs, who violate the NIRC provisions on withholding tax will be punished by imprisonment for 6 months and 1 day to 2 years and/or a fine of Php5,000.00 to 50,000.00 per offense committed. The following are considered violations under sec. 272:

Failing/causing the failure to deduct and withhold any internal revenue tax under any of the withholding tax laws and implementing rules and regulations

Failing/causing the failure to remit taxes deducted and withheld within the time prescribed by law and implementing rules and regulations

Failing/causing the failure to file a return or statement within the prescribed time or rendering/furnishing a false/fraudulent return or statement under withholding tax rules and regulations

Failure to Issue and Execute Warrants (Sec. 273, NIRC)

An officer who fails to issue or execute a warrant of distraint or levy within 30 days after the expiry of the time in sec. 207 (distraint and levy) or is guilty of abusing the exercise thereof by competent authority will be automatically dismissed from service after due notice and hearing.

Penalties for the BIR 1: Sec. 269 NIRC

I am not against the paying of taxes. Taxes are important for the upkeep of the government and every citizen is obliged, one way or another, to pay taxes.

But there is another thing that we, the citizenry, are obliged to do. Taxation is not a one-sided affair with the government unstoppable in its quest to bilk us of our money. We are also tasked with the obligation to ensure that the money goes where it's needed -and that government has no right to collect more that what we owe it. We even have the right to defend ourselves from abuses committed by our underlings in the BIR. I say “underlings” because all government employees, including the elected ones, are nothing more than our servants.

“The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.”

-Art. 2, Sec. 1, 1987 Constitution

That means the president, senators, congressmen and so on are answerable to the doctor, the teacher, the beggar and the housekeeper.

What I am putting down here now is an article that covers a subject that is either glossed over by many law professors and reviewers, or totally ignored by them. Nevertheless, it is extremely important and no one has the right to ignore it.

You've already read the articles on the Anti-Graft and Corrupt PracticesAct as well as RA 1405. Now here's another one.

Employees, agents or officials of the BIR, as well as other government bodies tasked with enforcing the NIRC provisions can be punished with imprisonment for 10 to 15 years and a fine of Php50,000 to 100,000 plus perpetual disqualification from public officer, to vote and participate in public elections for the following violations of Sec. 269 of the NIRC:

1.) Offering/undertaking to accomplish, file, or submit a report/assessment on a taxpayer without appropriate examination of books of accounts/tax liability or offering/undertaking to submit a report/assessment less than what is due the government -for a price- or conspiring/colluding with others to defraud the government of its revenues.

2.) Extorting or willfully oppressing (using his office) or harassing a taxpayer who rejected any of his offers in #1.

3.) Knowingly demanding/receiving other or greater than authorized by law or accepting any reward  for the performance of any duty, except as prescribed by law.

4.) Willlfully not giving receipts for amounts collected in the performance of duty as legally required or willingly neglecting to perform other duties required by law.

5.) Neglecting or permitting (by design) the violations of law by another person.

6.) Making/signing of false entry/ies in any book or making or signing a false certificate or return.

7.) Allowing/conspiring/colluding with another to allow the unauthorized retrieval/withdrawal/recall of any return/statement/declaration after it has been officially received by the BIR.

8.) Having knowledge/information of any violation of the NIRC or fraud in the collection of NIRC taxes and failing to report such information.

9.) Demanding, accepting or attempting to collect -directly or indirectly, without legal authority, as payment or otherwise- any some of money or thing of value for the compromise, adjustment or settlement of any charge/complaint for any violation/alleged violation of the NIRC.

And that's just part of it.

Violations of the Price Act

Illegal Price Manipulation

Price manipulation is not illegal per se, but there are certain forms of price manipulation that are expressly declared illegal because of the economic damage that can result from their implementation. The penalty for these forms of price manipulation are imprisonment for 5 to 15 years and a fine of Php5,000.00 to 2,000,000.00 (sec. 15.)

Producers, distributors and sellers of basic necessities and prime commodities are prohibited from performing the following acts of price manipulation:

1.) Hoarding

Prima facie evidence of hoarding exists when somebody has stocks of any basic necessity or prime commodity 50% higher than his normal inventory and unreasonably limits, refuses or fails to sell them to the general public at the time the excess was discovered. The determination of a person's usual inventory is reckoned from the 3^rd month immediately before the discovery of the excess or, if the business has been operating for at least 3 months, it will be reckoned from the time it opened.

The following are considered acts of hoarding:

a.) Undue accumulation of basic necessities/prime commodities above one's normal inventory level

b.) Unreasonable limitation or refusal to sell/dispose of or distribute the stocks of any basic necessity/prime commodity to the general public

c.) Unjustified taking of a basic necessity/prime commodity from the channels of reproduction, trade and industry

2.) Profiteering

Selling/offering to sell a basic necessity/prime commodity at a price grossly higher than its true worth.

Prima facie evidence of profiteering happens in the following instances:

a.) No price tag

b.) Misrepresentation on the product's weight and measurement

c.) Adulteration/dilution

d.) The price is increased to more than 10% from that of the immediately preceding month

3.) Cartel

This happens when 2 or more persons engaged in the production, manufacture, distribution, processing, storage, supply, marketing, sale or disposition of any basic necessity/prime commodity agree to artificially and unreasonably increase or manipulate their products' prices. The result is a monopoly.

Prima facie evidence of a cartel/monopoly exists when 2 or more “competitors” perform uniform or complimentary acts among themselves to cause an artificial and unreasonable increase in the price or if they simultaneously and unreasonably increase the prices of their competing products and thereby lessening competition among themselves.

Violations of the Price Ceiling

A violation of the price ceiling is punishable by a prison term of 1 to 10 years and/or a fine of Php5,000.00 to 1,000,000.00 (sec. 16.)

If the violations are committed by juridical persons, the officers, employees or agents in question will be held liable. Aliens, after serving sentence for violations of the price act, will be deported without further proceedings. Government officials or employees who, with or without consideration, conspire in the commission of the violations or knowingly conceal them will be held principally responsible and will also be permanently disqualified from holding public office.

Administrative sanctions can also be imposed alongside the criminal penalties for violations of the price act.

Illegal Possession of Firearms: Possible Liabilities

Now we go into certain peculiarities involving illegal possession of firearms. Though short, this article is still worth considering.

1.) Mere possession of an unlicensed firearm: simple illegal possession of firearms.

2.) Commission of homicide or murder (including other forms of killing, like parricide): the unlicensed firearm is considered and aggravating circumstance. The wording goes "If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance." unless the killing and illegal possession were filed separately. If that happens, the accused can be convicted for both crimes.

3.) Rebellion, sedition, or attempted coup: the use of the unlicensed firearm is absorbed as an element. It won't affect the penalty for rebellion, sedition, etc.

4.) Any crimes committed (like alarm and scandal) -only for that crime: illegal possession is absolved. The wording of the law is "Provided, That no other crime was committed." (People vs. Ladjaalam, GR 136149-51, September 19, 2000.) The wording is very specific, just like in #2. Therefore illegal possession will be considered neither a crime nor an aggravating circumstance.

Infringement: Penalties and Remedies

Penalties

1.) Infringement of Copyright

a.) First offense: 1-3 years imprisonment and a fine of Php50,000 to 150,000

b.) Second offense: 3 years and 1 day to 6 years and a fine of Php150,000 to 500,000

c.) Third and subsequent offenses: 6 years and 1 day to 9 years and a fine of Php500,000 to 1,500,000

d.) Subsidiary imprisonment in all cases if the accused is insolvent

This will also apply to any person who possesses an article which he knows, or ought to know, is an infringing copy of the original work if the possession of the article in question is for any of the following:

a.) Sale, letting for hire, or by way of trade offering/exposing it for sale or hire

b.) Distributing the article for purpose of trade or any other purpose to the extent that it will prejudice the rights of the copyright holder

c.) Trade exhibit of the article in public

In determining the length of the prison term and fine, the court must consider the value of the infringing materials and the damage the copyright owner suffered because of the infringement.

2.) Infringement of Trademarks/Trade Names

Imprisonment of 2 to 5 years and a fine of Php50,000 to 200,000. This also applies to unfair competition and false descriptions of origin or representation. The lawful owner can also pursue civil and administrative actions.

3.) Infringement of Patents

Criminal liability for patent infringement will appear only if there is a repetition of infringement. Imprisonment is 6 months to 3 years and a fine of Php100,000 to 300,000. The period of prescription is 3 years.

In every case, the lawful owner of the trademark/trade name, copyright or patent can pursue a civil action to recover damages the moment the infringer undertakes any of the acts of infringement to cause confusion, mistake or deception.

Infringement: Concepts

It's been a while since I discussed copyrights. Now we go to another essential part, namely, infringement. Infringement covers copyrights, trademarks and patents.

Elements

1. Copyright

a.) A valid copyright of the work infringed

b.) Copying of the protected elements of the work (proven by evidence of direct copying or showing of substantial similarity)

Note that copying doesn't necessarily have to be verbatim; it can even be the "heart" of the work. The following must be proven: that the defendant had access to the work in question (a.k.a. availability) and that there is a substantial similarity between the original and the pirated work. The case of Habana vs. Robles (GR131522, July 19, 1999) puts it: "If so much is taken that the value of the original work is substantially diminished or the labors of the original author are substantially and to an injurious extent appropriated by another."

The prescriptive period is 4 years.

Take note: articles on blogs enjoy copyright protection because copyrights are created the moment the work is made.

2.) Trademarks

a.) The infringed trademark is registered at the IPO, except in the case of a trade name, which doesn't need registration

b.) The trademark/trade name is reproduced, counterfeited, copied or colorably imitated by the infringer

c.) The infringing mark/trade name is used in connection with the sale, offering for sale, or advertising of any goods, business or services; or applied to labels, signs, packages, wrappers, receptacles or advertisements intended to be used upon, or in connection with, such goods, businesses and services

d.) The use/application of the infringing mark/trade name is likely used to cause confusion or mistake or to fool users or others as to the goods/services themselves, the identity of such business or the source/origin of the goods/services

e.) The consent of the owner of the trademark/trade name, or his agent, is lacking

Note, however, that knowledge is essential to demand damages for an infringement of a trademark. No knowledge = no damages. Also, there are 3 limitations to an infringement suit:

a.) A registered mark has no effect against a person who was using the mark in his business/enterprise in good faith before the mark was registered -and his right can only be transferred or assigned together with his business/enterprise or part of it.

b.) An innocent infringer who is engaged solely in the business of printing the mark or other infringing materials can only be enjoined not to make future printing.

c.) An innocent infringer engaged in the business of publishing newspapers, magazines or similar periodicals as well as electronic communication containing infringing advertisements can only be enjoined against future issues -and injunctive relief will not be available if it will delay the delivery of the materials in customary business practice.

The following can file suit for a trademark/trade name infringement:

a.) The owner/assignee of the trademark or the owner/prior user of the trade name

b.) A foreign national, even if not licensed to do business in the Philippines if the mark is registered in the Philippines (or used continuously in commerce in the Philippines, in case of a trade name) and the foreign national's home country extends reciprocal rights to Filipinos or is a member of the Paris Convention

3.) Patents

Patent infringement takes the following forms:

a.) Making, using, offering for sale, selling, or importing a patented product obtained directly or indirectly from a patented process

b.) Using a patented process without the patentee's (patent holder's) consent

To determine the presence of infringement, literal infringement must be proven. If literal infringement exists, the defendant is liable. If there is no literal infringement, the doctrine of equivalents will apply.

A literal infringement is present if one makes, uses or sells an item that contains all the elements of the patent claim. The test is satisfied by either of the following:

a.) An infringing product/process includes each and every essential element of the patent claim (Exactness Rule.) Ergo, the omission of an essential element of a patent claim avoids infringement.

b.) One makes, uses or sells an item that has all the elements of the patent claim plus other elements (Addition Rule.)

Only patentees and their assignees can file a case for infringement of patents; licensees can't sue, but can attack the patent's validity by filing an opposition in the IPO's Bureau of Legal Affairs.

Doctrine of Equivalents

This applies if there is no literal infringement. Where 2 devices do the same work in substantially the same way and accomplish substantially the same result, they are the same, even if they look different. This doctrine must be used with care because it can work against the patentee.

Inequitable Conduct

This is a defense that can be raised against the patentee. The case can be dismissed if the patentee failed to disclose material information -or submitted false information- with intent to deceive.

Sexual Harassment: Duties of Superiors

Employers and heads of training/educational institutions are obligated to prevent and deter sexual harassment and, in the event of a violation, provide procedures for resolution, settlement as well as prosecution of the acts of sexual harassment.

Consequently, the following things must be done:

1.) Promulgate the appropriate rules and regulations prescribing the procedure for investigating sexual harassment cases and the administrative sanctions. They shall form part of the guidelines and proper decorum in the workplace or educational/training institution. These must be done in consultation with and jointly approved by the employees or students/trainees through their duly appointed representatives. 

Note: Administrative sanctions will not bar the victim from filing suit in court.

2.) Create a committee on decorum and sexual harassment. The committee shall conduct meetings with officers, employees, teachers, instructors, coaches, trainers and students -as the case may be- to increase awareness and prevention of incidents of sexual harassment. It is also tasked to investigate cases constituting sexual harassment.

For a work-related environment, the committee shall be composed of at least 1 representative each from the management, union (if any,) supervisory employees and rank-and-file employees.

For a training/educational institution, it must be composed of at least 1 representative from the administration, trainers, teachers, professors, coaches, or instructors and students/trainees as the case may be.

The employer or administration of the training/educational institution is required to disseminate or post a copy of the law on sexual harassment for the information of all concerned.

Sexual Harassment: Penalties and Liabilities

So we've finished with what constitutes sexual harassment. Now let's look at the penalties and other things that attach to it.

Penalty and Prescription

The penalty for sexual harassment is imprisonment for 1 to 6 months and/or a fine of Php10,000 to 20,000. The crime of sexual harassment prescribes in 3 years.

Liabilities

The employer or head of the training/educational institution in question will be made solidarily liable for the sexual harassment; but this liability will become applicable only if he was informed of the violation but did nothing.

The victim is also allowed, as the basics of civil and criminal law are concerned, to file a separate and independent action for damages or other affirmative reliefs.

Sexual Harassment: Definition and Elements

Sexual harassment in RA 7877 happens when sexual favors are demanded, requested or otherwise required of a person by another who is a teacher, employer, manager, supervisor, trainer, coach, instructor, professor or has any form of authority, moral ascendancy or influence over the former. It doesn't matter if the request, demand or requirement was accepted or not. Also, the person requiring sexual favors doesn't necessarily have to be an immediate superior; and if the offender is another employee, he must belong to a position higher than the victim's. It could also be someone in authority and the person being harassed is someone who needs the former's approval or actions.

Elements:

1.) The offender is an employer (or employee of higher rank,) manager, supervisor, trainer, agent of the employer, teacher, instructor, professor, coach or any other person with authority, influence or moral ascendancy over the victim

2.) The authority, influence or moral ascendancy exists in a working environment (in case of a work-related category)

3.) The person in #1 requires, demands or requests a sexual favor from the victim

RA 7877 divides sexual harassment into 2 categories: work-related and education/training related.

Work-related 

1.) The sexual favor is made as a condition in the hiring, employment, re-employment or continued employment  of the victim. It could also be made as a condition for granting favorable compensation, terms and conditions, promotions or privileges. The refusal of the sexual favor could result in the limiting, segregating or classifying the victim in such a way that could discriminate against him/her, deprive/diminish employment opportunities or otherwise affect him/her adversely.

2.) The acts in question would impair the victim's rights and privileges under existing labor laws.

3.) The acts in question could result in an intimidating, hostile or offensive environment for the victim.

Education/training-related

1.) The victim is either (a.) under the offender's care, custody or supervision or (b.) his/her education, training, tutorship or apprenticeship is entrusted to the offender.

2.) The sexual favor is made as a condition for the giving of a passing grade, the granting of honors and scholarships or the payment of a stipend, allowance or other benefits, privileges or consideration.

3.) The sexual advances result in an intimidating, hostile or offensive environment for the victim.

Terms in RA 9208

RA 9208 is the Philippines' law against human trafficking. Below are the terms used by RA 9208

Trafficking of Persons

Recruitment, transportation, harboring or receipt of persons with or without their knowledge or consent. It can take place within or across national borders and is done by means of threat, force, any other form of coercion, abduction, fraud, deception, abuse of power/position, taking advantage of the person's vulnerability, giving/receiving payments/benefits to obtain the consent of the person who has control over the victim. Its purpose includes, at a minimum, the exploitation (whether sexual or not) of others, forced labor/services, slavery, servitude or the removal and sale of organs. 

If the victim is a child, it's still considered trafficking even if none of the above exploitation takes place (see child trafficking.)

Child

The same definition in RA 7610.

Prostitution

Any act, transaction, design or scheme where one person uses another for sexual intercourse or lascivious conduct in exchange for money, profit or other consideration.

Forced Labor/Slavery

Extraction of work/services by enticement, violence, intimidation, threat, use of force or coercion. This includes deprivation of freedom, debt bondage, deception or abuse of moral ascendancy or authority.

Sex Tourism

A program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during R & R periods for military personnel.

Sexual Exploitation

Participation of a person in prostitution or the production of pornographic materials due to threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or abuse of the victim's vulnerability.

Debt Bondage

The debtor pledges his/her personal services/labor or those of a person under his/her control as security or payment for a debt -and when the length and nature of services isn't clearly defined or when the value of the services as reasonably assessed isn't applied as payment for the debt!

Pornography

Any representation through publication, exhibition, cinema, indecent shows, IT, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

Council

The Inter-Agency Council Against Trafficking.

Penal Provisions of RA 9231

So now we come to the penalties for violations of RA 9231.

1.) Violations of the employment guidelines for children in RA 9231, including their hours of work (as well as the advertisement prohibition) are punishable by imprisonment of 6 months and 1 day to 6 years and/or a fine of Php50,000 to 300,000.00.

2.) Violations of the prohibitions on child labor by the employer/contractor or any person are punishable by imprisonment of 12 years and 1 day to 20 years and/or a fine of Php100,000 to 1 Million.

3.) Violations of numbers 1 and 2 of the same prohibitions will be punishable under RA 9208. The penalty will be set at its maximum period.

4.) Violations of number 3 of the prohibitions with regard to dangerous drugs will be punishable under the provisions of the Dangerous Drugs Act covering minors.

5.) If a corporation is responsible for the crime, the officers responsible will be punished.

6.) Parents, whether biological or not, who violate the guidelines on working children will be fined Php10,000 to 100,000 and/or be made to perform community service for 30 days to 1 year. The penalty will be set at its maximum if the violations were committed 3 times. If the violation is committed for more than 3 times, a penalty of imprisonment for 30 days to 1 year will be imposed in addition to community service.

7.) The secretary of the DOLE can, after due notice and hearing, order the closure of any establishment found to have violated the provisions of RA 9231 more than 3 times. The closure can also be ordered if:

a.) The violation led to the death, insanity or serious physical injury of a child working in the establishment

b.) The establishment is engaged in prostitution or obscene/lewd shows

In case of closure, the employer must pay the employees separation pay and other monetary benefits provided by law.

Prohibitions in RA 9231

After reading the requirements for working children, we now turn to what should not be done. The prohibitions enumerated below are not exclusive and can cover acts of a similar nature. 

1.) All forms of slavery defined under RA 9208 (Anti-Trafficking of Persons Act) or practices similar to slavery like sale and trafficking of children, debt bondage and serfdom and forced/compulsory labor, including recruitment of children for use in armed conflict

2.) The use, procuring, offering or exposing a child for prostitution or the production of pornography/pornographic performances

3.) The use, procuring or offering a child for illegal purposes, including the production and trafficking of dangerous drugs and volatile substances prohibited under other laws

4.) If the work is, by its nature or the circumstances in which it is carried out, hazardous or likely to be harmful to the health, safety and morals of children by:

a.) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being

b.) Exposes the child to physical, emotional, psychological or sexual abuse, if found to be highly stressful or may prejudice morals

c.) Performed  underground, underwater (like muro-ami) or at dangerous heights

d.) Involves the use of dangerous equipment and machinery (power tools, explosives, etc.)

e.) Exposes the child to physical danger such as (but not limited to) dangerous feats of balancing, physical strength or contortion or requires the transport of heavy loads

f.) Performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances and co-agents and processes involving ionizing, radiation, fire, flammable substances, noxious components, etc. or extreme temperatures, noise and vibrations

g.) Performed under particularly difficult conditions

h.) Exposes a child to biological agents (bacteria, fungi, viruses, nematodes, protozoans and other parasites)

i.) Involves the manufacture of explosives and other pyrotechnic products

Children are also not allowed to participate in advertisements directly or indirectly promoting alcoholic beverages, tobacco and its byproducts, gambling, violence or pornography.

Illegal Possession of Firearms: Penalties

These are the penalties for illegal possession of firearms. Note that these penalties are imposable only if no other crime was committed. If another crime is committed, then illegal possession of firearms either becomes a special aggravating circumstance or is absorbed into the crime.

1.) Illegally possessing, manufacturing (including parts and tools,) acquiring, disposing or dealing in:

a.) Low-powered firearms like cal. .38, .32, rimfire handgun or similar firepower: prision correccional maximum and a fine of Php15,000

b.) Firearms with a caliber greater than 9mm or .38 like .40, .41, .44, .45 or those with lesser caliber but considered powerful like .357 and .22center-fire magnum, as well as automatic those which fire by bursts of 2 or 3: prision mayor minimum and a fine of Php30,000

2.) Carrying a licensed firearm outside one's residence without a permit: arresto mayor

3.) Unlawful manufacture, sale assembly, dealing in, acquiring, possessing or disposing of explosives -including pillboxes, molotov cocktails, firebombs and other incendiary devices: prision mayor maximum and a fine of Php50,000

4.) Tampering with, defacing, erasing, changing, etc. a firearm's serial number: prision correccional

5.) Unlawful repacking, altering or modifying lawfully manufactured explosives: prision correccional

Illegal Possession of Firearms: Concepts

Here's another law that has a lot of court cases: PD 1866, amended by RA 8294, the law on illegal possession of firearms.

Unlicensed Firearm

Under RA 8294, the concept of an unlicensed firearm was expanded from possessing unlicensed firearms to include firearms with expired licenses and the unauthorized use of a licensed firearm in the commission of a crime.

One such example of the second instance is carrying a firearm outside one's residence without a permit (you need both a license for the firearm as well as a permit to carry it if you want to take it outdoors.) Another example is the unauthorized carrying a firearm in violation of the gun ban during election time (People vs. Molina, 294 SCRA 220.)

Unless covered by a special law, the illegal possession of firearms will be considered a special kind of aggravating circumstance (People vs. Montinola, GR 131856, July 9, 2001; Palaganas vs. People, 501 SCRA 533; People vs. Lara, 505 SCRA 137) or, in the case of rebellion, insurrection, sedition or attempted coup d'etat, the possession will be absorbed as an element of the crime. The accused therefore can't be convicted of 2 separate crimes (People vs. Montinola.) What PD 1866 punishes is the simple violation of illegal possession of firearms.

Nature

Illegal possession of firearms is malum prohibitum in nature. Consequently, good faith and lack of criminal intent can't be used as defenses (People vs. Garcia, GR 102009-10, July 6, 1994.) Ownership isn't an essential element, because the firearm can be licensed under one person's name but used by another (such as in the case of a security guard.) What is essential is that the accused has an intent to possess, regardless of whether the possession is made in good faith or not. Intent to possess must therefore be established.

Elements:

1.) The existence of the firearm and/or ammunition in question

2.) The accused lacks the necessary license and/or permit

Even if the firearm isn't offered in evidence, the accused can still be convicted if there is a testimony to the gun's existence (People vs. Tagaba, 342 SCRA 119, People vs. Narvasa 298 SCRA 637,) which is why ownership isn't an essential element. If someone testifies to the gun's existence, the first element can already be proven even if the gun isn't presented in evidence (People vs. Dulay, 535 SCRA 119.) Even a certification from the Firearms and Explosives unit will suffice (People vs. Narvasa.)

Working Children

RA 9231 amended the provisions for working children in RA 7610. For purposes of RA 9231, the definition of a "child" is "all persons below 18." This is different from the definition in RA 7610, but RA 9231's definition of the child doesn't amend that of RA 7610. It merely determines the definition of a child for labor purposes.

In relation to the article on minors, children below 15 cannot be employed except in the following scenarios:

1.) If working directly under the sole responsibility of his/her parents/legal guardians and only where members of his/her family are employed. The child's employment must not endanger his/her life, safety, health and morals and must not impair his/her normal development. The parents and legal guardians must also provide him/her with the prescribed primary and/or secondary education.

2.) In case the child's employment is in showbiz (child actors,) the employment contract must be concluded by his parents/legal guardians with the child's express agreement (if possible) and approved by the DOLE. Compliance must be made with regard to the following:

a.) The employer shall ensure the child's protection, health, safety, morals and normal development.

b.) Measures must be taken by the employer to prevent the child's exploitation or discrimination, taking into account the system and level of remuneration as well as duration and arrangement of working time.

c.) The employer shall formulate and implement a continuing program for the child's training and skills acquisition. This is subject to approval and supervision by competent authorities.

d.) The employer must obtain a working permit for the child from the DOLE before engaging him/her.

Hours of Work

1.) Below 15

Not more than 20 hours a week, maximum of 4 hours a day. No work between 8PM to 6AM of the next day.

2.) 15-17 years old

Maximum of 40 hours a week, not more than 8 hours a day. No work between 10PM to 6AM of the next day.

The Child's Income

The child is the owner of his/her income and it must be set aside primarily for his education, skills acquisition and support. The needs of his/her family take secondary importance with regard to the child's income. 20% of the income may be set aside for the family's needs.

The child's income shall be administered by the parents, or by the parent who still holds parental authority if the other parent loses authority. In case both parents are absent or incapacitated, the order of preference on parental authority in the Family Code will apply.

A trust fund taken from 30% of the child's income is to be set aside by the parents/legal guardians if the income is at least Php200,000 a year, and they are required to make a semi-annual report to the DOLE for that purpose.

When the child reaches the age of majority, he/she will have full control of the trust fund.

Children in Zones of Armed Conflict

Under RA 7610, children are declared "Zones of Peace" in areas where armed conflict takes place. The following policies are laid down by RA 7610 in order to attain that objective:

1.) Children shall not be the object of attack and are entitled to special respect. They are to be protected from threats, assaults, torture or other cruel, inhumane or degrading treatment.

2.) Children shall not be recruited into the Armed Forces of the Philippines or its civilian units (CAFGU, etc.) or other armed groups (NPA, MILF, etc.) They also can't be allowed to take part in the fighting or to be used as guides, spies or couriers.

3.) Basic social services like education, primary health and emergency relief shall not be hampered.

4.) The safety of those who provide the services in #3 as well as those involved in fact-finding missions must be ensured, regardless of whether they're government or non-government. The can't be subjected to undue harassment in the performance of their work.

5.) Public infrastructure like schools, hospitals and rural health units can't be used for military purposes (command posts, barracks, detachments, supply depots, etc.)

6.) All appropriate steps should be taken to facilitate the reunion of families separated by armed conflict.

In areas of armed conflict, children are to be given priority in evacuation. Existing community organizations (like NGOs) will be tapped to ensure the safety of children in evacuation operation. Evacuated children are to be accompanied by persons responsible for their safety and well-being.

Members of the same family are to be housed in the same premises and accommodated separately from other families. Facilities are to be provided to ensure a normal family life. Expectant mothers in places of temporary shelter are to be given additional food in proportion to their physiological needs. If possible, children are to be given opportunities for physical exercise, sports and outdoor games.

In case a child is arrested for reasons related to armed conflict, either as a combatant, spy, courier or guide, he is entitled to the following rights:

1.) Separate detention from adults except where families are accommodated for family units

2.) Immediate free legal assistance

3.) Immediate notice of the arrest to the parents or guardians of the child

4.) To be released on recognizance within 24 hours to the custody of the DSWD or any responsible member of the community as determined by the court

RA 7610, Sec. 10: The Worst Abuses 3

Sec. 10 of RA 7610 enumerates serious abuses other than those in the two previous posts.

1. Prision mayor minimum for any person who commits any other act of child abuse, cruelty or exploitation or is responsible for other conditions under Art. 59 of PD 603 (Child and Youth Welfare Code) but not covered by the Revised Penal Code.

2.) Prision mayor maximum and a fine of not less than Php50,000.00 if a person keeps a minor -who is either 12 years old or below or 10 years or more his junior- in any public or private place, hotel, motel, beer joint, disco, cabaret, sauna, massage parlor, pension house, beach,  and/or other tourist resort. This won't apply if the person in question is a relative of the child within the 4th degree (whether civil or by consanguinity/affinity) or any bond recognized by law, local custom and tradition or is acting in the performance of a social, moral or legal duty.

3.) Prision mayor medium and a fine of not less than Php40,000.00 if a person induces, delivers or offers a minor to anyone prohibited by RA 7610 or have/keep in his company a minor as provided in #2. If the perpetrator is an ascendant, guardian or stepparent of the minor, the penalty will be prision mayor maximum, a fine of not less than Php50,000.00 and loss of parental authority.

4.) Prision mayor medium, a fine of not less than Php50,000.00 and loss of license to operate if the manager, owner or person entrusted with operation of any public/private place of accommodation, whether for occupancy, food, drink, etc.including residential places, allows any person in #2 or 3 any minor with him to the places in question.

5.) Prision correccional medium to reclusion perpetua if a person will coerce, force or intimidate a child -whether a street kid or any other child- to do any of the following:

a.) Beg or use begging as a means of living

b.) Act as a counduit/middleman in drug trafficking/pushing

c.) Conduct any illegal activities

This last provision serves as a deterrent against abuses of RA 9344. All victims under Sec. 10 or RA 7610 will be entrusted to the care of the DSWD.

RA 7610, Sec. 9 & 20: The Worst Abuses 2

Moving along from the last post, we're now here.

Obscene Publication and Indecent Shows

The penalty of prision mayor medium will be imposed on any person who hires, employs, uses, persuades or induces a child to do the following:

1.) Perform obscene exhibitions and indecent shows (whether live or in videos)

2.) Model in obscene publications or pornographic materials

3.) Sell/distribute the abovementioned materials

The same penalty will apply to ascendants, guardians or persons entrusted in any capacity with the child if they cause and/or allow the child to be employed or participate in an obscene play, scene, act, movie, show or any of the acts in the above list. If the child in question is below 12 years old, the penalty will be prision mayor maximum.

Indigenous Cultural Communities

Discrimination against children of indigenous cultural communities is punishable with arresto mayor maximum and a fine of Php5,000.00 to 10,000.00.