Criminal Law – TITLE TWO

Rules on Criminal Procedure and Special Laws

Rules on Criminal Procedure Court, Municipal Trial Court in Cities, court shall then proceed in the exercise of its
Municipal Trial Court, or Municipal Circuit original jurisdiction. (6a)
Trial Court may be conducted by either the
Rule 112 Preliminary judge or the prosecutor. When conducted by Rule 112, Section 7. When accused lawfully
Investigation the prosecutor, the procedure for the arrested without warrant. — When a person is
issuance of a warrant or arrest by the judge lawfully arrested without a warrant involving
Rule 112, Section 6. When warrant of arrest shall be governed by paragraph (a) of this an offense which requires a preliminary
may issue. — (a) By the Regional Trial Court. — section. When the investigation is conducted investigation, the complaint or information
Within ten (10) days from the filing of the by the judge himself, he shall follow the may be filed by a prosecutor without need of
complaint or information, the judge shall procedure provided in section 3 of this Rule. such investigation provided an inquest has
personally evaluate the resolution of the If the findings and recommendations are been conducted in accordance with existing
prosecutor and its supporting evidence. He affirmed by the provincial or city prosecutor, rules. In the absence or unavailability of an
may immediately dismiss the case if the or by the Ombudsman or his deputy, and the inquest prosecutor, the complaint may be
evidence on record clearly fails to establish corresponding information is filed, he shall filed by the offended party or a peace office
probable cause. If he finds probable cause, issue a warrant of arrest. However, without directly with the proper court on the basis of
he shall issue a warrant of arrest, or a waiting for the conclusion of the the affidavit of the offended party or
commitment order if the accused has already investigation, the judge may issue a warrant arresting officer or person.
been arrested pursuant to a warrant issued by of arrest if he finds after an examination in
the judge who conducted the preliminary writing and under oath of the complainant Before the complaint or information is filed,
investigation or when the complaint or and his witnesses in the form of searching the person arrested may ask for a preliminary
information was filed pursuant to section 7 question and answers, that a probable cause investigation in accordance with this Rule,
of this Rule. In case of doubt on the exists and that there is a necessity of placing but he must sign a waiver of the provisions
existence of probable cause, the judge may the respondent under immediate custody in of Article 125 of the Revised Penal Code, as
order the prosecutor to present additional order not to frustrate the ends of justice. amended, in the presence of his counsel.
evidence within five (5) days from notice and Notwithstanding the waiver, he may apply
the issue must be resolved by the court (c) When warrant of arrest not necessary. — A for bail and the investigation must be
within thirty (30) days from the filing of the warrant of arrest shall not issue if the accused terminated within fifteen (15) days from its
complaint of information. is already under detention pursuant to a inception.
warrant issued by the municipal trial court in
(b) By the Municipal Trial Court. — When accordance with paragraph (b) of this After the filing of the complaint or
required pursuant to the second paragraph of section, or if the complaint or information information in court without a preliminary
section 1 of this Rule, the preliminary was filed pursuant to section 7 of this Rule or investigation, the accused may, within five (5)
investigation of cases falling under the is for an offense penalized by fine only. The days from the time he learns of its filing, ask
original jurisdiction of the Metropolitan Trial for a preliminary investigation with the same

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Criminal Law – TITLE TWO
Rules on Criminal Procedure and Special Laws

right to adduce evidence in his defense as shall be forthwith delivered to the nearest in the court where the criminal action is
provided in this Rule. (7a; sec. 2, R.A. No. police station or jail and shall be proceeded pending. (n)
7438) against in accordance with section 7 of Rule
112. (5a) Section 3. Personal property to be seized. — A
Rule 113 Arrest search warrant may be issued for the search
Rule 126 Search and Seizure and seizure of personal property:
Rule 113, Section 5. Arrest without
warrant; when lawful. — A peace officer or a Section 1. Search warrant defined. — A search (a) Subject of the offense;
private person may, without a warrant, arrest warrant is an order in writing issued in the
a person: name of the People of the Philippines, signed (b) Stolen or embezzled and other
by a judge and directed to a peace officer, proceeds, or fruits of the offense; or
(a) When, in his presence, the person commanding him to search for personal
to be arrested has committed, is property described therein and bring it (c) Used or intended to be used as
actually committing, or is attempting before the court. (1) the means of committing an offense.
to commit an offense; (2a)
Section 2. Court where application for search
(b) When an offense has just been warrant shall be filed. — An application for Section 4. Requisites for issuing search warrant.
committed, and he has probable search warrant shall be filed with the — A search warrant shall not issue except
cause to believe based on personal following: upon probable cause in connection with one
knowledge of facts or circumstances specific offense to be determined personally
that the person to be arrested has a) Any court within whose territorial by the judge after examination under oath or
committed it; and jurisdiction a crime was committed. affirmation of the complainant and the
witnesses he may produce, and particularly
(c) When the person to be arrested is b) For compelling reasons stated in describing the place to be searched and the
a prisoner who has escaped from a the application, any court within the things to be seized which may be anywhere
penal establishment or place where judicial region where the crime was in the Philippines. (3a)
he is serving final judgment or is committed if the place of the
temporarily confined while his case is commission of the crime is known, Section 5. Examination of complainant; record.
pending, or has escaped while being or any court within the judicial region — The judge must, before issuing the
transferred from one confinement to where the warrant shall be enforced. warrant, personally examine in the form of
another. searching questions and answers, in writing
However, if the criminal action has already and under oath, the complainant and the
In cases falling under paragraph (a) and (b) been filed, the application shall only be made witnesses he may produce on facts personally
above, the person arrested without a warrant known to them and attach to the record their

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Criminal Law – TITLE TWO
Rules on Criminal Procedure and Special Laws

sworn statements, together with the affidavits ordered to be searched, in which case a made, the judge shall ascertain
submitted. (4a) direction may be inserted that it be served at whether section 11 of this Rule has
any time of the day or night. (8) been complained with and shall
Section 6. Issuance and form of search warrant. require that the property seized be
— If the judge is satisfied of the existence of Section 10. Validity of search warrant. — A delivered to him. The judge shall see
facts upon which the application is based or search warrant shall be valid for ten (10) days to it that subsection (a) hereof has
that there is probable cause to believe that from its date. Thereafter it shall be void. (9a) been complied with.
they exist, he shall issue the warrant, which
must be substantially in the form prescribed Section 11. Receipt for the property seized. — (c) The return on the search warrant
by these Rules. (5a) The officer seizing property under the shall be filed and kept by the
warrant must give a detailed receipt for the custodian of the log book on search
Section 7. Right to break door or window to effect same to the lawful occupant of the premises warrants who shall enter therein the
search. — The officer, if refused admittance in whose presence the search and seizure date of the return, the result, and
to the place of directed search after giving were made, or in the absence of such other actions of the judge.
notice of his purpose and authority, may occupant, must, in the presence of at least
break open any outer or inner door or two witnesses of sufficient age and discretion A violation of this section shall constitute contempt of
window of a house or any part of a house or residing in the same locality, leave a receipt in court.(11a)
anything therein to execute the warrant or the place in which he found the seized
liberate himself or any person lawfully aiding property. (10a) Section 13. Search incident to lawful arrest. — A
him when unlawfully detained therein. (6) person lawfully arrested may be searched for
Section 12. Delivery of property and inventory dangerous weapons or anything which may
Section 8. Search of house, room, or premise to be thereof to court; return and proceedings thereon. — have been used or constitute proof in the
made in presence of two witnesses. — No search of (a) The officer must forthwith deliver the commission of an offense without a search
a house, room, or any other premise shall be property seized to the judge who issued the warrant. (12a)
made except in the presence of the lawful warrant, together with a true inventory
occupant thereof or any member of his thereof duly verified under oath. Section 14. Motion to quash a search warrant or
family or in the absence of the latter, two to suppress evidence; where to file. — A motion to
witnesses of sufficient age and discretion (b) Ten (10) days after issuance of the quash a search warrant and/or to suppress
residing in the same locality. (7a) search warrant, the issuing judge shall evidence obtained thereby may be filed in
ascertain if the return has been made, and acted upon only by the court where the
Section 9. Time of making search. — The and if none, shall summon the person action has been instituted. If no criminal
warrant must direct that it be served in the to whom the warrant was issued and action has been instituted, the motion may be
day time, unless the affidavit asserts that the require him to explain why no return filed in and resolved by the court that issued
property is on the person or in the place was made. If the return has been the search warrant. However, if such court

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Criminal Law – TITLE TWO
Rules on Criminal Procedure and Special Laws

failed to resolve the motion and a criminal (b) Any public officer or employee, (d) Any extrajudicial confession made
case is subsequent filed in another court, the or anyone acting under his order or by a person arrested, detained or
motion shall be resolved by the latter court. his place, who arrests, detains or under custodial investigation shall be
(n) investigates any person for the in writing and signed by such person
commission of an offense shall in the presence of his counsel or in
Republic Act No. 7438 inform the latter, in a language the latter's absence, upon a valid
known to and understood by him, of waiver, and in the presence of any of
AN ACT DEFINING CERTAIN his rights to remain silent and to have the parents, elder brothers and
RIGHTS OF PERSON ARRESTED, competent and independent counsel, sisters, his spouse, the municipal
DETAINED OR UNDER CUSTODIAL preferably of his own choice, who mayor, the municipal judge, district
INVESTIGATION AS WELL AS THE shall at all times be allowed to confer school supervisor, or priest or
DUTIES OF THE ARRESTING, privately with the person arrested, minister of the gospel as chosen by
DETAINING AND INVESTIGATING detained or under custodial him; otherwise, such extrajudicial
OFFICERS, AND PROVIDING investigation. If such person cannot confession shall be inadmissible as
PENALTIES FOR VIOLATIONS afford the services of his own evidence in any proceeding.
THEREOF counsel, he must be provided with a
competent and independent counsel (e) Any waiver by a person arrested
Be it enacted by the Senate and House of by the investigating officer.lawphi1Ÿ or detained under the provisions of
Representatives of the Philippines in Congress Article 125 of the Revised Penal
assembled:: (c) The custodial investigation report Code, or under custodial
shall be reduced to writing by the investigation, shall be in writing and
Section 1. Statement of Policy. – It is the investigating officer, provided that signed by such person in the presence
policy of the Senate to value the dignity of before such report is signed, or of his counsel; otherwise the waiver
every human being and guarantee full respect thumbmarked if the person arrested shall be null and void and of no
for human rights. or detained does not know how to effect.
read and write, it shall be read and
adequately explained to him by his (f) Any person arrested or detained
Section 2. Rights of Persons Arrested,
counsel or by the assisting counsel or under custodial investigation shall
Detained or Under Custodial
provided by the investigating officer be allowed visits by or conferences
Investigation; Duties of Public Officers.–
in the language or dialect known to with any member of his immediate
such arrested or detained person, family, or any medical doctor or
(a) Any person arrested detained or
otherwise, such investigation report priest or religious minister chosen by
under custodial investigation shall at
shall be null and void and of no him or by any member of his
all times be assisted by counsel.
effect whatsoever. immediate family or by his counsel,

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Criminal Law – TITLE TWO
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or by any national non-governmental person is chargeable with light Section 4. Penalty Clause. – (a) Any
organization duly accredited by the felonies;lawphi1©alf arresting public officer or employee, or any
Commission on Human Rights of by investigating officer, who fails to inform any
any international non-governmental (b) The amount of Two hundred fifty person arrested, detained or under custodial
organization duly accredited by the pesos (P250.00) if the suspected investigation of his right to remain silent and
Office of the President. The person's person is chargeable with less grave to have competent and independent counsel
"immediate family" shall include his or grave felonies; preferably of his own choice, shall suffer a
or her spouse, fiancé or fiancée, fine of Six thousand pesos (P6,000.00) or a
parent or child, brother or sister, (c) The amount of Three hundred penalty of imprisonment of not less than
grandparent or grandchild, uncle or fifty pesos (P350.00) if the suspected eight (8) years but not more than ten (10)
aunt, nephew or niece, and guardian person is chargeable with a capital years, or both. The penalty of perpetual
or ward. offense. absolute disqualification shall also be
imposed upon the investigating officer who
As used in this Act, "custodial investigation" The fee for the assisting counsel shall has been previously convicted of a similar
shall include the practice of issuing an be paid by the city or municipality offense.
"invitation" to a person who is investigated where the custodial investigation is
in connection with an offense he is suspected conducted, provided that if the The same penalties shall be imposed
to have committed, without prejudice to the municipality of city cannot pay such upon a public officer or employee, or
liability of the "inviting" officer for any fee, the province comprising such anyone acting upon orders of such
violation of law. municipality or city shall pay the fee: investigating officer or in his place,
Provided, That the Municipal or City who fails to provide a competent and
Section 3. Assisting Counsel. – Assisting Treasurer must certify that no funds independent counsel to a person
counsel is any lawyer, except those directly are available to pay the fees of arrested, detained or under custodial
affected by the case, those charged with assisting counsel before the province investigation for the commission of
conducting preliminary investigation or those pays said fees. an offense if the latter cannot afford
charged with the prosecution of crimes. the services of his own counsel.
In the absence of any lawyer, no custodial
The assisting counsel other than the investigation shall be conducted and the (b) Any person who obstructs,
government lawyers shall be entitled to the suspected person can only be detained by the prevents or prohibits any lawyer, any
following fees; investigating officer in accordance with the member of the immediate family of a
provisions of Article 125 of the Revised person arrested, detained or under
(a) The amount of One hundred fifty Penal Code. custodial investigation, or any
pesos (P150.00) if the suspected medical doctor or priest or religious
minister chosen by him or by any

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Criminal Law – TITLE TWO
Rules on Criminal Procedure and Special Laws

member of his immediate family or Republic Act No. 10353 Furthermore, the State adheres to the
by his counsel, from visiting and principles and standards on the absolute
conferring privately with him, or AN ACT DEFINING AND condemnation of human rights violations set
from examining and treating him, or PENALIZING ENFORCED OR by the 1987 Philippine Constitution and
from ministering to his spiritual INVOLUNTARY DISAPPEARANCE various international instruments such as, but
needs, at any hour of the day or, in not limited to, the International Covenant on
urgent cases, of the night shall suffer Be it enacted by the Senate and House of Civil and Political Rights (ICCPR), and the
the penalty of imprisonment of not Representatives of the Philippines in Congress Convention Against Torture and Other
less than four (4) years nor more than assembled: Cruel, Inhuman or Degrading Treatment or
six (6) years, and a fine of four Punishment (CAT), to which the Philippines
thousand pesos (P4,000.00).lawphi1© Section 1. Short Title. –This Act shall be is a State party.
known as the "Anti-Enforced or Involuntary
The provisions of the above Section Section 3. Definitions. –For purposes of this
Disappearance Act of 2012″.
notwithstanding, any security officer with Act, the following terms shall be defined as
custodial responsibility over any detainee or follows:
Section 2. Declaration of Policy. –The State
prisoner may undertake such reasonable
values the dignity of every human person and
measures as may be necessary to secure his (a) Agents of the State refer to persons
guarantees full respect for human rights for
safety and prevent his escape. who, by direct provision of the law,
which highest priority shall be given to the
popular election or appointment by
enactment of measures for the enhancement
Section 5. Repealing Clause. – Republic competent authority, shall take part
of the right of all people to human dignity,
Act No. No. 857, as amended, is hereby in the performance of public
the prohibition against secret detention
repealed. Other laws, presidential decrees, functions in the government, or shall
places, solitary confinement, incommunicado, or
executive orders or rules and regulations, or perform in the government or in any
other similar forms of detention, the
parts thereof inconsistent with the provisions of its branches public duties as an
provision for penal and civil sanctions for
of this Act are repealed or modified employee, agent or subordinate
such violations, and compensation and
accordingly. official, of any rank or class.
rehabilitation for the victims and their
families, particularly with respect to the use
Section 6. Effectivity. – This Act shall take of torture, force, violence, threat, (b) Enforced or involuntary
effect fifteen (15) days following its intimidation or any other means which vitiate disappearance refers to the arrest,
publication in the Official Gazette or in any the free will of persons abducted, arrested, detention, abduction or any other
daily newspapers of general circulation in the detained, disappeared or otherwise removed form of deprivation of liberty
Philippines. from the effective protection of the law. committed by agents of the State or
by persons or groups of persons
acting with the authorization, support

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Criminal Law – TITLE TWO
Rules on Criminal Procedure and Special Laws

or acquiescence of the State, followed political instability, threat of war, state of war division of the Department of the Interior
by a refusal to acknowledge the or other public emergencies. and Local Government (DILG), the
deprivation of liberty or by Department of National Defense (DND),
concealment of the fate or Section 5. "Order of Battle" or Any Order of the Philippine National Police (PNP), the
whereabouts of the disappeared Similar Nature, Not Legal Ground, for Enforced or Armed Forces of the Philippines (AFP), the
person, which places such person Involuntary Disappearance. – An "Order of National Bureau of Investigation (NBI), the
outside the protection of the law. Battle" or any order of similar nature, official City or Provincial Prosecutor, the
or otherwise, from a superior officer or a Commission on Human Rights (CHR) or any
(c) Order of Battle refers to a public authority causing the commission of human rights organization and, if known, the
document made by the military, enforced or involuntary disappearance is victim’s family, relative, or lawyer.
police or any law enforcement agency unlawful and cannot be invoked as a
of the government, listing the names justifying or exempting circumstance. Any Section 8. Duty to Certify in Writing on the
of persons and organizations that it person receiving such an order shall have the Results of Inquiry into a Reported Disappeared
perceives to be enemies of the State right to disobey it. Person’s Whereabouts. –In case a family
and which it considers as legitimate member, relative, lawyer, representative of a
targets as combatants that it could Section 6. Right of Access to Communication. – human rights organization or a member of
deal with, through the use of means It shall be the absolute right of any person the media inquires with a member or official
allowed by domestic and deprived of liberty to have immediate access of any police or military detention center, the
international law. to any form of communication available in PNP or any of its agencies, the AFP or any
order for him or her to inform his or her of its agencies, the NBI or any other agency
(d) Victim refers to the disappeared family, relative, friend, lawyer or any human or instrumentality of the government, as well
person and any individual who has rights organization on his or her whereabouts as any hospital or morgue, public or private,
suffered harm as a direct result of an and condition. on the presence or whereabouts of a
enforced or involuntary reported victim of enforced or involuntary
disappearance as defined in letter (b) Section 7. Duty to Report Victims of Enforced or disappearance, such member or official shall
of this Section. Involuntary Disappearance. – Any person, not immediately issue a certification in writing to
being a principal, accomplice or accessory, the inquiring person or entity on the
Section 4. Nonderogability of the Right Against who has an information of a case of enforced presence or absence and/or information on
Enforced or Involuntary Disappearance. –The right or involuntary disappearance or who shall the whereabouts of such disappeared person,
against enforced or involuntary learn of such information or that a person is stating, among others, in clear and
disappearance and the fundamental a victim of enforced or involuntary unequivocal manner the date and time of
safeguards for its prevention shall not be disappearance, shall immediately report in inquiry, details of the inquiry and the
suspended under any circumstance including writing the circumstances and whereabouts response to the inquiry.
of the victim to any office, detachment or

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Criminal Law – TITLE TWO
Rules on Criminal Procedure and Special Laws

Section 9. Duty of Inquest/Investigating Public (b) The date, time and location where (h) The date and time of each
Prosecutor or any Judicial or Quasi-Judicial Official the person was deprived of liberty removal of the detained or confined
or Employee. –Any inquest or investigating and the identity of the person who person from his or her cell, the
public prosecutor, or any judicial or quasi- made such deprivation of liberty; reason or purpose for such removal
judicial official or employee who learns that and the date and time of his or her
the person delivered for inquest or (c) The authority who decided the return to his or her cell;
preliminary investigation or for any other deprivation of liberty and the reasons
judicial process is a victim of enforced or for the deprivation of liberty or the (i) A summary of the physical, mental
involuntary disappearance shall have the duty crime or offense committed; and medical findings of the detained
to immediately disclose the victim’s or confined person after each
whereabouts to his or her immediate family, (d) The authority controlling the interrogation;
relatives, lawyer/s or to a human rights deprivation of liberty;
organization by the most expedient means. (j) The names and addresses of the
(e) The place of deprivation of persons who visit the detained or
Section 10. Official Up-to-Date Register of All liberty, the date and time of confined person and the date and
Persons Detained or Confined. - All persons admission to the place of deprivation time of such visits and the date and
detained or confined shall be placed solely in of liberty and the authority time of each departure;
officially recognized and controlled places of responsible for the place of
detention or confinement where an official deprivation of liberty; (k) In the event of death during the
up-to-date register of such persons shall be deprivation of liberty, the identity,
maintained. Relatives, lawyers, judges, official (f) Records of physical, mental and the circumstances and cause of death
bodies and all persons who have legitimate psychological condition of the of the victim as well as the
interest in the whereabouts and condition of detained or confined person before destination of the human remains;
the persons deprived of liberty shall have free and after the deprivation of liberty and
access to the register. and the name and address of the
physician who examined him or her (l) All other important events bearing
The following details, among others, shall be physically, mentally and medically; on and all relevant details regarding
recorded, in the register: the treatment of the detained or
(g) The date and time of release or confined person.
(a) The identity or name, description transfer of the detained or confined
and address of the person deprived person to another place of detention, Provided, That the details required under
of liberty; the destination and the authority letters (a) to (f) shall be entered immediately
responsible for the transfer; in the register upon arrest and/or detention.

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Criminal Law – TITLE TWO
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All information contained in the register shall duly authorized representatives are hereby Section 15. Penal Provisions. – (a) The penalty
be regularly or upon request reported to the mandated and authorized to conduct regular, of reclusion perpetua and its accessory penalties
CHR or any other agency of government independent, unannounced and unrestricted shall be imposed upon the following persons:
tasked to monitor and protect human rights visits to or inspection of all places of
and shall be made available to the public. detention and confinement. (1) Those who directly committed the
act of enforced or involuntary
Section 11. Submission of List of Government Section 14. Liability of Commanding Officer or disappearance;
Detention Facilities. –Within six (6) months Superior. - The immediate commanding
from the effectivity of this Act and as may be officer of the unit concerned of the AFP or (2) Those who directly forced,
requested by the CHR thereafter, all the immediate senior official of the PNP and instigated, encouraged or induced
government agencies concerned shall submit other law enforcement agencies shall be held others to commit the act of enforced
an updated inventory or list of all officially liable as a principal to the crime of enforced or involuntary disappearance;
recognized and controlled detention or or involuntary disappearance for acts
confinement facilities, and the list of committed by him or her that shall have led, (3) Those who cooperated in the act
detainees or persons deprived of liberty assisted, abetted or allowed, whether directly of enforced or involuntary
under their respective jurisdictions to the or indirectly, the commission thereof by his disappearance by committing another
CHR. or her subordinates. If such commanding act without which the act of enforced
officer has knowledge of or, owing to the or involuntary disappearance would
Section 12. Immediate Issuance and Compliance of circumstances at the time, should have not have been consummated;
the Writs of Habeas Corpus, Amparo and Habeas known that an enforced or involuntary
Data. – All proceedings pertaining to the disappearance is being committed, or has (4) Those officials who allowed the
issuance of the writs of habeas corpus, been committed by subordinates or by others act or abetted in the consummation
amparo and habeas data shall be dispensed with within the officer’s area of responsibility and, of enforced or involuntary
expeditiously. As such, all courts and other despite such knowledge, did not take disappearance when it is within their
concerned agencies of government shall give preventive or coercive action either before, power to stop or uncover the
priority to such proceedings. during or immediately after its commission, commission thereof; and
when he or she has the authority to prevent
Moreover, any order issued or promulgated or investigate allegations of enforced or (5) Those who cooperated in the
pursuant to such writs or their respective involuntary disappearance but failed to execution of the act of enforced or
proceedings shall be executed and complied prevent or investigate such allegations, involuntary disappearance by
with immediately. whether deliberately or due to negligence, previous or simultaneous acts.
shall also be held liable as principal.
Section 13. Visitation /Inspection of Places of (b) The penalty of reclusion temporal and its
Detention and, Confinement. –The CHR or its accessory penalties shall be imposed upon

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Criminal Law – TITLE TWO
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those who shall commit the act of enforced persons who defy, ignore or unduly delay prejudice to the prosecution and conviction
or involuntary disappearance in the compliance with any order duly issued or of the said offender for any violation of
attempted stage as provided for and defined promulgated pursuant to the writs of habeas Republic Act No. 7438, otherwise known as
under Article 6 of the Revised Penal Code. corpus, amparo and habeas data or their "An Act Defining Certain Rights of Person
respective proceedings. Arrested, Detained or Under Custodial
(c) The penalty of reclusion temporal and its Investigation as well as the Duties of the
accessory penalties shall also be imposed (e) The penalty of arresto mayor and its Arresting, Detaining, and Investigating
upon persons who, having knowledge of the accessory penalties shall be imposed against Officers, and Providing Penalties for
act of enforced or involuntary disappearance any person who shall violate the provisions Violations Thereof’; Republic Act No. 9745,
and without having participated therein, of Sections 6, 7, 8, 9 and 10 of this Act. otherwise known as "An Act Penalizing
either as principals or accomplices, took part Torture and Other Cruel, Inhuman and
subsequent to its commission in any of the Section 16. Preventive Suspension/Summary Degrading Treatment or Punishment, and
following manner: Dismissal. –Government officials and Prescribing Penalties Therefor"; and
personnel who are found to be perpetrators applicable provisions of the Revised Penal
(1) By themselves profiting from or of or participants in any manner in the Code.
assisting the offender to profit from commission of enforced or involuntary
the effects of the act of enforced or disappearance as a result of a preliminary Section 19. Nonexclusivity or Double Jeopardy
involuntary disappearance; investigation conducted for that purpose Under International Law. – Any investigation,
shall be preventively suspended or summarily trial and decision in any Philippines court, or
(2) By concealing the act of enforced dismissed from the service, depending on the body for any violation of this Act shall; be
or involuntary disappearance and/or strength of the evidence so presented and without prejudice to any investigation, trial,
destroying the effects or instruments gathered in the said preliminary investigation decision or any other legal or administrative
thereof in order to prevent its or as may be recommended by the process before any appropriate international
discovery; or investigating authority. court or agency under applicable
international human rights and humanitarian
(3) By harboring, concealing or Section 17. Civil Liability. –The act of law.
assisting in the escape of the enforced or involuntary disappearance shall
principal/s in the act of enforced or render its perpetrators and the State agencies Section 20. Exemption from Prosecution. – Any
involuntary disappearance, provided which organized, acquiesced in or tolerated offender who volunteers information that
such accessory acts are done with the such disappearance liable under civil law. leads to the discovery of the victim of
abuse of official functions. enforced or involuntary disappearance or the
Section 18. Independent Liability. –The prosecution of the offenders without the
(d) The penalty of prision correctional and its criminal liability of the offender under this victim being found shall be exempt from any
accessory penalties shall be imposed against Act shall be independent of or without criminal and/or civil liability under this

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Act: Provided, That said offender does not their families, complainants, witnesses, legal public declaration/statement on his or her
appear to be the most guilty. counsel and representatives of human rights person, personal circumstances, status,
organizations and media. They shall likewise and/or organizational affiliation by the
Section 21. Continuing Offense. – An act be protected from any intimidation or appropriate government or private agency or
constituting enforced or involuntary reprisal. agencies concerned.
disappearance shall be considered a
continuing offense as long as the Section 25. Applicability of Refouler. –No The immediate relatives of a victim of
perpetrators continue to conceal the fate and person shall be expelled, returned or enforced or involuntary disappearance,
whereabouts of the disappeared person and extradited to another State where there are within the fourth civil degree of
such circumstances have not been substantial grounds to believe that such consanguinity or affinity, may also claim for
determined with certainty. person shall be in danger of being subjected compensation as provided for under
to enforced or involuntary disappearance. Republic Act No. 7309, entitled "An Act
Section 22. Statue of Limitations Exemption. – For purposes of determining whether such Creating a Board of Claims under the
The prosecution of persons responsible for grounds exist, the Secretary of the Department of Justice for Victims of Unjust
enforced or involuntary disappearance shall Department, of Foreign Affairs (DFA) and Imprisonment or Detention and Victims of
not prescribe unless the victim surfaces alive. the Secretary of the Department of Justice Violent Crimes and For Other Purposes",
In which case, the prescriptive period shall (DOJ) in coordination with the Chairperson and other relief programs of the government.
be twenty-five (25) years from the date of of the CHR, shall take into account all
such reappearance. relevant considerations including where The package of indemnification for both the
applicable and not limited to, the existence in victims and the immediate relatives within
Section 23. Special Amnesty Law Exclusion. the requesting State of a consistent pattern of the fourth civil degree of consanguinity or
– Persons who are changed with and/or gross, flagrant or mass violations of human affinity shall be without prejudice to other
guilty of the act of enforced or involuntary rights. legal remedies that may be available to them.
disappearance shall not benefit from any
special amnesty law or other similar executive Section 26. Restitution and Compensation to Section 27. Rehabilitation of Victims and/or
measures that shall exempt them from any Victims of Enforced or Involuntary Disappearance Their Immediate Relatives, and Offenders. – In
penal proceedings or sanctions. and/or Their Immediate Relatives. –The victims order that the victims of enforced or
of enforced or involuntary disappearance involuntary disappearance who surfaced alive
Section 24. State Protection – The State, who surface alive shall be entitled to and/or their immediate relatives within the
through its appropriate agencies, shall ensure monetary compensation, rehabilitation and fourth civil degree of consanguinity or
the safety of all persons involved in the restitution of honor and reputation. Such affinity, may be effectively reintegrated into
search, investigation and prosecution of restitution of honor and reputation shall the mainstream of society and in the process
enforced or involuntary disappearance include immediate expunging or rectification of development, the State, through the CHR,
including, but not limited to, the victims, of any derogatory record, information or in coordination with the Department of

Averell B. Abrasaldo – I-Estrellado

Criminal Law – TITLE TWO
Rules on Criminal Procedure and Special Laws

Health, the Department of Social Welfare this Act by the CHR. Subsequent fluids for
and Development (DSWD) and the the continuing implementation of this Act
concerned nongovernment organization/s, shall be included in the respective budgets of
shall provide them with appropriate medical the CHR and the DOJ in the annual General
care and rehabilitation free of charge. Appropriations Act.

Toward the attainment of restorative justice, Section 31. Separability Clause. –If for any
a parallel rehabilitation program for persons reason, any section or provision of this Act is
who have committed enforced or involuntary declared unconstitutional or invalid, such
disappearance shall likewise be implemented other sections or provisions not affected
without cost to such offenders. thereby shall remain in full force and effect.

Section 28. Implementing Rules and Regulations. Section 32. Repealing Clause. – All laws,
– Within thirty (30) days from the effectivity decrees, executive orders, rules and
of this Act, the DOJ, the DSWD, the CHR, regulations and other issuances or parts
the Families of Victims of Involuntary thereof inconsistent with the provisions of
Disappearance (FIND) and the Families this Act are hereby repealed, amended or
of Desaparecidos for Justice (Desaparecidos), in modified accordingly.
consultation with other human rights
organizations, shall jointly promulgate the Section 33. Effectivity Clause. – This Act shall
rules and regulations for the effective take effect fifteen (15) days after its
implementation of this Act and shall ensure publication in at least two (2) newspapers of
the full dissemination of the same to the general circulation or the Official
public. Gazette, which shall not be later than seven
(7) days after the approval thereof.
Section 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.

Section 30. Appropriations. –The amount of

Ten million pesos (P10,000,000.00) is hereby
appropriated for the initial implementation of

Averell B. Abrasaldo – I-Estrellado