CRIMINAL LAW

I. Transnational Crimes

a. Terrorism

• Title/Date Filed: House Bill No. 3802
  An Act Defining Terrorism, Providing Penalties Therefore And For Other Purposes
  (Filed November 5, 2001)
  Status: TWG - December, 2002Scheduled for another TWG meeting on January, 2003
  Main Features:
  - "Terrorism" is defined as (1) the actual or threatened use of violence or means of damage or destruction, (2) principally directed against civilians or non-combatants or property, (3) with the intention of instilling a common terror, fear, panic or alarm in the public or segment thereof, or, coercing or intimidating the public or government
  - A person or entity who knowingly gives property or finances to terrorists or keeps them in behalf of the latter is punishable by life imprisonment; Solicitation of financial contribution is likewise punishable in this Act
  - As laid down in Section 8 of the Revised Penal Code on conspiracy or proposal to commit a felony, it is provided in this Act that there is a conspiracy to commit terrorism when two or more persons come to an agreement to commit an act of terrorism and decide to commit it, and there is a proposal to commit terrorism when a person, who has decided to commit any act of terrorism, proposes its execution to some other person or persons
  - In accordance with laws prohibiting illegal confinement and arbitrary detention, this bill advocates delivery of detained persons to judicial authorities within twenty-four (24) hours from the time of detention.
  
  
  
• Title/Date Filed: House Resolution No. 465
  Resolution Urging the House of Representatives to Inquire, In Aid to Legislation Into the comprehensive Government Plans of Action in the Event of Biological and Chemical and Radiation and Incendiary Terrorist Attack
  (Filed March 7, 2002)
  Status: HR 213 as adapted by the House
  Main Features:
  - Inquiry into the need to make quick and long-term plans of actions, preparations and management of crisis in cases of tragic events caused by biological or chemical attacks made by terrorists in light of the September 11, 2001 attack on the World Trade Center and the Pentagon
  
  
  
• Title/Date Filed: House Resolution No. 566
  A Resolution Strongly Expressing the House of Representatives Sense of Outrage by condemning the Patent Disregard of Human Rights in the Official and Other Publicity Generated by Arrests of Alleged Terrorists Linked to the International Al-Qaeda Network
  (Filed May 14, 2002)
  Status: For committee deliberation
  Main Features:
  - Expressing outrage by condemning the patent disregard of HR of innocent combatants by law enforcement agencies, in pursuit of alleged terrorists linked to the international Al Qaeda network
  
  
  
• Title/Date Filed: House Resolution No. 573
  Resolution inquiring into, in aid of legislation, the promulgation and effectivity of the Implementing Guidelines on the Humanitarian, Rehabilitation and Development Aspects of the Government of the Republic of the Philippines and Moro Islamic Liberation Front (GRP-MILF) Tripoli Agreement on Peace of 2001, signed by the Representative of the Philippines With MILF Representatives in Putrajaya, Malaysia on May 7, 2002
  (Filed May 15, 2002)
  Status: For committee deliberation
  Main Features:
  - Inquiry into the promulgation and effectivity of the Implementing Guidelines on the Humanitarian, Rehabilitation and Development Aspects of the Government of the Republic of the Philippines and the Moro Islamic Liberation Front Tripoli Agreement on Peace of 2001, endowing the MILF with co-equal belligerent status, signed by the parties concerned without prior consultation or negotiation with local authorities
  
  
• Title/Date Filed: House Resolution No. 722
  Resolution Urging the House of Representatives, through its Appropriate committee, to Inquire in Aid of Legislation, into the Effects upon the Ongoing Peace Process of the Declaration by the United States that the Communist Party of the Philippines- New Peoples Army (CPP- NPA) is now classified as a Terrorist Organization, to Urge the Philippine Government to Clarify its Position on the Matter, and For All other purposes pertaining to the same
  (Filed Aug. 23, 2002)
  
  
  
• Title/Date Filed: House Resolution No. 808
  Resolution Urging the House of Representatives, through its appropriate committees, to inquire, in aid of legislation, into the presence of American troops in Zamboanga City
  (Filed Oct. 8, 2002)
  
  
  
• Title/Date Filed: House Resolution No. 943
  Resolution Urging the Committee on National Defense to Conduct an Inquiry, in Aid of Legislation, into the Expenditure and Performance Report of the Armed Forces of the Philippines in its Anti-Terrorism Drive Against the Abu Sayyaf, Including Expenses Accrued During the Joint Republic of the Philippines - United States Military Exercises
  (Filed January 13, 2003)
  
  
  
• Title/Date Filed: House Resolution No. 984
  Resolution urging President Gloria Macapagal Arroyo Not to Participate in any Unilateral Action of the United States Against Iraq
  (Filed January 13, 2003)
  Status: Awaiting Committee deliberation

• Title/Date Filed: House Bill No. 3825
  An Act To Curtail Optical Media Piracy Providing Penalties For Violations, Appropriating Funds Therefore, And For Other Purposes
  (Filed November 9, 2001)
  Status: Committee ReportPending in Committee on Appropriations for funding
  Main Features:
  - The purpose of this bill is to strengthen measures adopted in curtailing optical media piracy by expanding/strengthening the powers of the Intellectual Property Office (IPO)
  - The IPO shall be the agency with the authority to r0egulate and license the manufacture, mastering and reproduction of optical media, and the importation, sale and acquisition of optical media replicating equipment and other raw materials.
  - "Optical Media" is any device by which sounds, images or software in the form of digital information are stored and later re-accessed and read using a lens scanning mechanism such as laser. Most common examples of these are compact discs (CDs), video compact discs (VCDs) and Digital Versatile Discs (DVDs)
  - Under this bill, all entities and individuals registered and licensed to engage in the mastering, manufacture or reproduction of optical media shall be issued Source Identification (SID) code, including a unique mastering code and a separate and unique mould code in accordance with certain specifications, to ascertain genuineness of the optical media
  
  
  
• Title/Date Filed: House Bill No. 1075
  An Act Providing For The Establishment Of A Region Office Of The Videogram Regulatory Board In Every Region Of The Country And Appropriating Funds Thereof
  (Filed July 17, 2001)
  Status: Substitute Bill consolidating it with HB 1077For plenary hearing
  Main Features:
  - Creates a VRB in every region of the country to strengthen fight against piracy and speed up prosecution of its violators
  
  

• Title/Date Filed: House Bill No. 3991
  An Act Amending Certain Sections Of RA No. 6425, Otherwise Known As The "Dangerous Drugs Act Of 1972," As Amended, By Reducing The Quantity Of Drugs Involved As Basis Of Imposing Stiffer Penalties For Violation Thereof And By Providing Awards Or Incentives To The Informant
  (Filed November 28, 2001)
  Status: Republic Act No. 9165 (June 07, 2002)
  Main Features:
  - Aside from reducing the requisite quantity of prohibited drugs in the application of penalties, this law likewise encourages and rewards informants who provide vital information regarding any violation of RA 6425.
  
  

d. Organized Crimes

• Title/Date Filed: House Bill No. 4057
  An Act Defining Organized Crime, Providing Penalties Therefore And For Other Purposes
  (December 07, 2001)
  Status: TWG - February 7For 2nd Meeting
  Main Features:
  - This bill seeks to develop stronger measures in dealing with "organized crime" such as kidnap-for-ransom, carnapping, drug trafficking, illegal gambling, robbery and extortion, money laundering, bribery, plunder, in accordance with the corresponding special laws governing these offenses
  - "organized crime" refers to "a large scale and complex criminal activity carried on by groups of persons, however loosely or tightly organized, for the enrichment of those participating and at the expense of the community and its members."
  - This bill likewise penalizes facilitating the commitment of the crime by providing property, financial or other related services, harboring or concealing any person or information in relation to the commitment of the crime for material benefits, and conspiring or proposing to commit any of the mentioned offenses as provided in Art. 19 of the Revised Penal Code
  
  

• Title/Date Filed: House Bill No. 5560
  An Act Preventing and Penalizing Computer-related Crimes, further amending for the purpose certain provisions of Act No. 3815, as amended, otherwise known as the Revised penal Code
  (Filed December 17, 2002)
  Status: For Referral
  Main Features:
  - The Revised Penal Code is updated and supplemented to include the commission of crimes through the use of computer or similar devices such as in forgery, falsification of both private and public documents, removal, concealment and destruction of documents, breaking of seals or cracking of codes by public officers in consideration of the proliferation of advanced and state-of-the art technologies

• Title/Date Filed: House Bill No. 4820
  An Act Regulating Ocean Dumping in the Philippines
  (Filed May 22, 2002)
  Status: For 2nd TWG (September 19, 2002)
  Main Features:
  - This bill establishes the procedure and criteria for the issuance of dumping permits, which may not be granted in case of radiological, chemical and biological warfare agents, high level radioactive waste and medical wastes§ The designation of sites and time period for dumping is assigned to the Director of the Environmental Management Bureau to mitigate adverse impact on the environment to the greatest extent practicable
  
  

• Title/Date Filed: House Resolution No. 944
  Resolution Urging the Committee on Women and the Committee on Foreign Relations to Conduct an Inquiry, In Aid of Legislation, Into the Prevention and Prosecution of Cases Involving Trafficking and Smuggling of Women and the Protection and Rehabilitation of Women Trafficking Victims and Survivors
  (Filed January 13, 2003)
  

• Title/Date Filed: House Bill No. 5830
  An Act Defining the Crime of Engaging in Pseudo-Investment, Providing Penalties Therefor, and for other purposes
  (Filed March 10, 2003)
  Status: For Referral
  Main Features:
  - This bill recognizes evolution of pyramid and other similar scams as emerging forms of transnational fraud and economic crimes and seeks to penalize these illegitimate forms of multi-level marketing
  - Different kinds of pseudo investments are defined to make clear which transactions fall under the said bill
  - The Anti-Pseudo-Investment Council is created under this bill to form the investigating agency involved in the said crime.
  - Promotion of Pseudo-Investment is likewise penalized in this bill

II. Philippine Jurisdiction

• Title/Date Filed: House Bill No. 244
  An Act Redefining The Word "Prostitutes" Thereby Amending Article 202, Number (5) Of The Revised Penal Code
  (Filed July 2, 2001)
  Status: For consideration
  Main Features:
  - The term "women" penalized under the Revised Penal Code for habitually indulging in sexual intercourse or lascivious conduct for profit, is amended to read "any person" for the purpose of eliminating discrimination against women
  
  
  
• Title/Date Filed: House Bill No. 4558
  An Act Amending Article 266-B Of RA No. 8353, Otherwise Known As The "Anti-Rape Law Of 1997," By Reducing The Penalty On Incestuous Rape From Death To Reclusion Perpetua
  (Filed March 11, 2002)
  Status: For consideration
  Main Features:
  - The purpose of this amendment is to encourage minor victims to unhesitatingly tell against their relatives who victimized them, unbarred by the fear that these relatives shall face death
  
  
  
• Title/Date Filed: House Bill No. 4588
  An Act To Amend Article 217 Of The Revised Penal Code Making The Failure To Liquidate Cash Advance With The Period Provided Therein A Prima FacieProof Of Malversation
  (Filed March 18, 2002)
  Status: For consideration
  Main Features:
  - The primary objective of this bill is to correct and penalize the habitual conduct of government officials and employees in disregarding rules and regulations on the liquidation of cash advances
  
  
  
• Title/Date Filed: House Bill No. 5243
  An Act Defining As A Crime The Act Of Driving A Motor Vehicle While Under The Influence Of Liquor And/Or Prohibited Drugs And Providing Graduated Penalties Therefore
  (Filed September 19, 2002)
  Main Features:
  - This bill punishes the act of driving while intoxicated with the intent of reducing high incidence of road accidents and other road-related crimes
  
  
• Title/Date Filed: House Bill No. 5561
  An Act Supplementing Republic Act No. 7080, Otherwise known as the "Anti-Plunder Act"
  (Filed December 17, 2002)
  Status: For 1st hearing
  Main Features:
  - It is provided in this bill that the court may undertake special security arrangements with the PNP and elect other means of restraint pending trial, in the interest of national security and public order
  
  
• Title/Date Filed: House Bill No. 5658
  An ActCreating a System of Reward and Other Incentives for Persons who could help identify, locate, provide information, testify and prosecute violators of Republic Act No. 3019, Otherwise known as the Anti-Graft and Corrupt Practices Act, and other criminal offenses committed by reason of the function of public office and appropriating funds thereof, amending for the purpose Republic Act No. 3019
  (Filed January 28, 2003)
  Status: For Referral
  Main Features:
  - This bill establishes a reward mechanism which shall provide incentives such as cash rewards, protection, security and other benefits for ordinary citizens to participate in the government's fight against graft and corruption. This bill also grants opportunity of participants of a crime to redeem themselves by cooperating with the office of the Ombudsman and as state witnesses. This bill seeks to reduce and improve the worsening condition of graft and corruption in this country.
  
  
• Title/Date Filed: House Bill No. 5751
  An ActProviding for Firearms Regulation and Exempting Selected Persons and Entities from the General Prohibition Against Carrying Firearms
  (Filed February 13, 2003)
  Status: For Referral
  Main Features:
  - This bill aims to define and specify firearms and explosive regulation. Notwithstanding recognition of the necessity to ban possession and control of firearms due to numerous transgressions of law and criminal offenses committed with the use of firearms, this bill excepts duly licensed security agencies, persons with impending threats, and persons engaged in dangerous jobs from said prohibition.
  
  
• Title/Date Filed: House Resolution No. 756
  Resolution Expressing the Sense of the House of Representatives by condemning in the Strongest Possible Terms the Kidnapping of the two Children of Rep. Julio "Jules" A. Ledesma IV of the First District of Negros Occidental and Urging the House of Representatives through its Appropriate Committees to Review the Policy and the Campaign of the Government against the Kidnap for Ransom and other Crime Syndicates
  (Filed Sept. 16, 2002)
  
  
• Title/Date Filed: House Resolution No. 834
  Resolution Urging the House of Representatives, through its Appropriate Committees, to Inquire in Aid of Legislation, into the Importation and Alleged Smuggling of Vegetables and for Other Purposes
  (Filed Oct. 16, 2002)
  
  
• Title/Date Filed: House Resolution No. 900
  Resolution Urging the Committee on Good Government to Conduct an Inquiry In Aid of Legislation In the Discharge of the Duty of the Philippine Anti- Graft Commission, National Bureau of investigation and the Office of the Ombudsman to Investigate the So-Called "Million -Dollar Man Issue"
  (Filed Nov. 29, 2002)